101 100 60591 https://digital.lib.buffalo.edu/files/original/6f989eef9c2f016fa5a30aa8b1596f0e.pdf 20a2aa3ba125f3048917f13f4e4b7201 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 12 Opinion Ruth Hauser fields questions at InternationalLaw Society/AWLS lecture. other cases therehas been little or no impact (as illustrated by the tenacity of the Union of South Africa in clinging to its policy of apartheid). The Declaration presupposes the creation of a U.N. military force to insure the protection of human rights. This military force has never been established, leaving observer nations essentially helpless in situations such as Biafra and Bangladesh where countries are abusing the rights of their own citizens and do not respond to the verbal expression of foreign disapproval. -centner On the April 30,1974 A tentative course schedule for for efforts to secure part-time facthe 1974-75 academic year, pre- ulty appointments for the Tax pared by Assoc. Provost William courses and the dropping of a secGreiner for the Academic Policy ond section of Gratuitous Transand Program Committee, reveals a fers or a third sectionof Evidence. number of "open slots" still reAddressing himself to other maining in essential course offerareas of deficiency, Greiner noted ings and acknowledges continuing that the School would be "a bit deficiencies in the professional light on upper division seminars in Among the open slots, or unfilled teaching needs, admitted in Two organizations of law stu- Permit No. 708 Report Cites Cont'd Program Deficiencies program. dents joined on Wednesday, April 17th, to hear an address by Ms. Rita Hauser, a prominent New York City attorney with the firm of Strook, Strook and Levan and the former U.S. delegate to the United Nations Commission on Human Rights. Speaking to members of the International Law Society and the Association of Women Law Students, Ms. Hauser dealt with the subject of human rights and within that topic, the development of women's rights. After briefly outlining the development of the basic concepts of human rights, Ms. Hauser described the formulation and substance of the Universal Declaration of Human Rights, the document developed to further one of the two basic purposes of the United Nations, specifically, the promotion of human rights and freedoms. This Declaration, adopted in 1948, and presently espoused by all the nations of the world, is the product of the United Nations Commission on Human Rights and describes accepted' minimum standards of human rights in both the political and social-economic areas. Ms. Hauser then gave a candid analysis of the political nature of the U.N. and the effect of this on the implementation and enforcement of the Declaration. Implementation has been through treaties (the United States has ratified none of them, thus limiting their effectiveness) and enforcement has besn through verbal censure in the arena of the United Nations. In some cases these methods have been productive of results (a case in point is the easing of some of the pressures on Jews wishing to emigrate from the Soviet Union) and in Buffalo, New York State University of New York at Buffalo School of Law International Human Rights Subject of Hauser Address by Robin Skinner Non-Profit Organization U.S. Postage PAID subject of women's rights, Ms. Hauser had several astute remarks. Viewing the world the Greiner report are one section each of Contracts, Torts, and Property and "at least two small group electives" in the first-year required curriculum. Unless teaching assignments can be made to cover such courses, the report suggests that perhaps only three sections of the deficient first-year courses be offered next year instead of four, resulting in substantially larger freshman sections. With respect to upper divisional courses, open slotspossibly will include one section each of Tax I, Tax 11, Evidence, Gratuitous Transfers, Land Transactions, and the Simulated Law Firm, a new clinical program to begin next fall. The exact configuration of the deficiencies will, the report hints, be d c termined by whether Prof. Kenneth Joyce goes on leave next year or, assuming he does not, what courses he will be teaching. If Prof. Joyce does take the two-year leave, whichhas been ap- situation, she sees that great strides have been made. She believes that the advances in education, political impact and leadership made by women are due in part to the article in the Declaration establishing the equality of men and women. The effectiveness of this can be viewed especially in the Latin American countries where women's rights with regard to birth control and aborproved, contingency plans provide continued on page 4 the Fall" and surmised that "it will become increasingly difficult to staff enough seminars to handle the enlarged student body unless we make some sense out of the seminar elective distinction, and until we add more faculty." Hints are that the seminar requirement is seen as impractical for a class the size of this year's first-year class and might have to be modified. Review of teaching assignments, Greiner continued, "suggests that we are weak in the Corporate fields... that we need another proceduralist, and that we should add one more person in the commercial law area." Particular weaknesses were cited as business organizations and planning, securities regulation, and international transactions. In addition, the report mentioned that the first-year small group electives, initiated this year as a research and writing course, have proven to be "less than a complete success" and should be discussed by the APPC "as soon as possible." HEW Grant Sought for Criminal Justice Specialist Training Clinic In an unpublicized proposal submitted recently to the HEW Public Health Service and to the School's own Academic Policy and Program Committee,Provost Schwartz and several faculty outlined the operation of a new criminal law clinical program, designated "Training Lawyers as Criminal Justice Specialists," which they hope to launch next fallwith a substantial HEW Mental Health Grant. The project, for which $77,220 is sought next year and over $271,000 for the projected three-year life of the program, lists as its "most fundamental and important objective" the graduation, of students "who are highly skilled and motivated to seek reform in the administration of justice." Under this general rubric, the program is intended to improve understanding of the functioning of law in its social setting, to "sensitize students who are predominantly whiteand middle-class" to the problems of the poor and minorities in the criminal justice system, to amass empirical data on that system, and to "produce a cadre of highly-trainedchange agents" who will implement reforms in the system. The Criminal Justice Specialist program envisions a "sequential mode of instruction spanning the three years of the professional program, moving from theoretical exploration to observation of practice, to application with each stage subject to continuous evaluation and control." With the HEW grant, the demonstration period would begin next September with program participants enrolling in the basic first-year Criminal Law course, after which they would, in the spring semester, enroll in two required seminars on "Perspectives in the Criminal Justice System." The first would provide students with a detailed study of the components of that system, while the second seminar would explore theories of crime control, sanctions, and their justifications. The sessions, in which participants would also be exposed to social science methodology, are likely to be directed variously by faculty from the Philosophy, Sociology, Psychology, and Political Science Departments. The second phase of the program, which is planned for the summer and fall of 1975, is designated the"observation phase," and it would involve deploying participants throughout the criminal justice system as observers at various stages of the criminal process. The perspective would, with the spring semester of the student's second year, then shift from observation to actual participation, with the "clinical phase" of the program entailing intake interviews, case research, drafting memoranda, and writing briefs for the trial litigator. The clinical phase would carry through into the fall semester of third-year, during which participants would actually be assigned to represent indigent defendants or assist the prosecutor in misdemeanor cases in the Buffalo City and Family Courts. By the spring semester of their third year, participants wouldbe invited to return to the classroom for an advanced seminar in criminal justice, entitled "Planning in the Criminal Justice System," Each student will select a problem related to the administration of justice and seek to develop a "model for constructive change in the named area." The demonstration project, planned to run from 1974 to 1977, will also permit the testing of some hypotheses with the participating students, chiefly whether participants in the program might tend to be drawn from low-income groups, minorities, and females. Program directors are also interested in studying whether participation in the program strengthens students' commitment to systemic reform or actual career work in the criminal justice system. The hypotheses were suggested by the studies of Yale Law Professor Robert Stevens, who continuedon page 4 �April 30, 1974 OPINION 2 Footsteps in the Night Editorials To the editor: A new multi-million dollarlaw Reorientation Question Revisited building opens. One of the many women law students leaves the Library at midnight and begins her five minute walk to the sunk- The concern has been periodically reflected al faculty- lion's share of new monetary and manpower resources into en and unlit parking lot. She is meetings, most paniculariv back in February when almost those courses and clinics more related to the social sciences, alone and becomes progressively every course in the catalog was cited as an unmet deficiency law reform efforts, and ideological fashion. More traditional, more fearful as she nears the dein our professional program, but few faculty and perhaps yet utilitarian, courses have been left to wither on the vine. scent to the parking lot. She wishThe School now appears ready, in the form of the es that there were a patrolling sefewer administrators have realized the blow to student morale that has been wrought by the School's failure to proposal for criminal justice specialist training (story p. l),to curity car in sight, or at the very the parking lot were lit. secure needed faculty appointments and consequently to embark upon another costly venture into narrow specializa- least, that tion within an area which presently claims abundant resources, a costly venture in that it will obviously divert If anything, the list of deficiencies in the professional faculty and material support from critically deficient areas program has only grown since February, to the point where of the professional program. students are voicing legitimate concern over the dearth of In an editorial in the last issue, we raised the question course offerings in major areas and openly questioning the of whether a reorientation of the School's priorities might be motives of administrators and faculty who set priorities for needed. In this editorial, we urge an answer in the affirmathe School's development. Certain areas of law and practice tive and express the hope that the faculty, having in the past appear to have become the victims of a policy of deliberate skirted around the problem, will at least deal honestly with neglect, deliberate because of priorities which are funneling a the question in the near future. insure a well-rounded program here. Visual Pollution Several lower floors of O'Brian Halt took on a carnival look, somewhat comparable to SBA elections, last week when several outside political groups selected almost every available brick surface to festoon the building with proclamations of their latest cause celebre. The incident was hardly the first of its kind in O'Brian Hall, and if Norton Union is to serve as the woeful example, likely not to be the last either. Expanding concepts of environmental preservation ha\e included recognition of the perils of "visual pollution," the result of helter-skelter ad hoc development in disregard for aesthetic \alues, and it indeed seems that such pollution is inundatingO'Brian Hall. Law students, it might be hoped, would have had the sense to discourage this visual pollution of the building, exhibiting reasonableness in the display of advertisements and posters, but regretfully, this has not universally been the case. The faculty, administration, and University authorities have been likewise derelict in their failure to prescribe and enforce a reasonable "sign control ordinance" to protect building aesthetics. Stifling Atmosphere The Buffalo Courier Express last week initiated, appardue to lack of recognition from other quarters, a regular feature honoring selected public servants in various fields of endeavor, the need for which should cause us some entJy reflection. In as much as the legal profession entails public service as one of its highest responsibilities, one might conclude that the value of such service would indeed be prized in student life here and that those rendering it, often withoutacademic credit or monetary remuneration, would be entitled to our collective appreciation. Sadly, this has not always been the case in our microcosmic society, for the atmosphere we sustain here simply seems less conducive to public service than it ought to be. Whether because of the competitiveness that some stu- OP 1"'0" SSS Editor-in-Chief: Ray Bowk Managing Editor: Photography Editor: Terry Centner Alumni Ediior:-Ea/1 S. Carrel Shelley Taylor Convissar Business Manager: Dennis Pasiak Feature* Editor: Kay Wiglil Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Cindy Lowney Opinion is published every other week, except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, JohnLord O"Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Suff of Opinion. Opinion is a non-profit organizatwn. Third Class postage entered at Buffalo, New York. Opinionis funded by SBA from Student Law Fees. She walks on. As she walks faster and nears her car, she hears footsteps from behind. She clutches her books to her chest and says a silent prayer. The footsteps grow closer to her. Then a hand grabs her shoulder and she screams. No one hears; no one sees. She is lucky that it happens to be a friend. What is to become of the woman when the footsteps are not another student and are those of the rapist who sees a woman, alone, in an unlit effectively secluded and scarcely patrolled parking lot? Let us hope that this fiction does not become fact —Sandy Presant We urge all concerned parties to consider formulating internal regulations to safeguard the multi-million dollar investment in a clean and attractive academic plant, perhaps by reserving either the first floor cylindrical bulletin board or the second floor circular board for non-official advertisements or posters, while banning such outright in other areas of the building. The administration and SBA organizations must, in addition, cooperate by similarly limiting the number and circulation of "official" notices or posters, preferably by designating certain bulletin boards and walls for that purpose. Such measures must, of course, be taken with caution lest they lead to the dampening of free expression of opinion, but even the most reasonable of regulations is To the Editor, Assuming, just for the sake of bound to fail where there is no determination to enforce them, hence we would strongly urge strict enforcement once the argument, that there is some actual basis for the fast Opinion's such regulations are promulgated. In any case, let's get moving before the next wave of "Meatball" editorial on the dedication protest, the author's sarcasvisual pollution washes over us. tic reaction to the events described makes a splendid example of a rhetorical technique that is basic to established media criticism ofradical groups. dents are willing to let characterize student life here, or This is the "when you're a Jet, you're a Jet all the way" school of because of the mushrooming apathy that has strangely outthought, which holds that anyone stripped the growth of the student body, some students, perhaps a significant number, harbor actual resentment for who does not embrace middle-ofthe-road consciousness must be any display of public service by their peers, such resentment pure. One example of this insispossibly sparked by motives we prefer not to dignify by mention. In some instances, the greater the public service tence is that any artist or poet who is not starving is suspect. Peoand the competence with which it is rendered, the more ple who hold radical political resentment it seems to generate among those whose own views are expected to be angry services are more often limited to themselves or a narrow every second. Thebest way for an vested interest they happen to espouse. American radical to achieve crediIf public service is considered an integral part ofeduca- bility is to get killed. tion for the legal profession, and it ought to be, then the A complementary rhetorical atmosphere we, as students, permit to prosper here certainly device is to accuse a group of being "too extreme" and thus "polaugurs ill for that profession. arising the community." Establishment media can employ this self-righteous pincer tactic because its own hypocrisy is institutionalised in organizations .iiul authority-figures who are no liwgei expected to he principled. One wonders what real conAs previously reported, the meeting will he held on cerns for Innn.m rights lie behind Committee on Long Range Wednesday, May 15, at 3:30 In Opinion's insistence on purity in Planning is preparing a plan for Room 210. Ms prattttort and decorum in its the development of this Faculty dedication*. over the coming years. The The Planninit CommJUflfl John Stuart Committee is interested in would be h.ippy to receivo any information about the quality of form of student Input .mil would t tiitor's Note: Rather, we wonstudent life at the Law Schooland particularly welcome corn leto </(*/, m ny Jut in the editorial in proposals for enhancing it. We proposals thiti minhi ho c/ftrf in this IPtttt, whether the are scheduling an open meeting to incorporated into Its report. Any mvititiitif /i/i'm/in/ZiW imperatives discuss student life, including group or individual lludlhi who tuiituitt'it by "tMtfivufs"entitle the matters of facilities, activities, wishes to ho heard ■.liouki ttllttiul wme to tomur the httsk amenities organizations and generally this meeting. It limHidi iiftti >■ iff tit iMtttwn, *wn white opportunities for professional and information is dptlttul, i>i. i.. ikuthtmifttii f/if \htnthut or* the personal development within and contact Marc GjUmioi In Kotim i "iv iff >\h\iu> u'tih they so assiduoutside the curriculum. The 511 (Ext. 2102). Middle of Road Consciousness Long Range Planning Asks Student Input * �April 30,1974 OPINION Briefs ... The People's Progress 3 President's Corner by Donald Lohr By Ray Bowie By Shelley TaylorConvissar On Friday, May 3, O'Brian Hall will host a day-long conference on the legal rights of one of the least talked-about yet most legally burdened groups the gay community. Harming no one yet committing victimless "crimes" every day of their lives, these men and women suffer at the hands of the law in a variety of contexts. From child custody to employment, from taxes to civil rights and the criminal law, gay people have fewer rights than heterosexuals and, indeed, fewer rights than almost any group today. Without camouflaging their identity (which in itself is a serious infringement on civil rights), gay individuals must endure disabilities in nearly every area of the law. Aimed at five main areas of the law, Gay Rights and the Law is designed to offer the law school population an otherwise unavailable educational experience, joining law school professors, local attorneys, judges and nationally known experts in the field, the conference should inform (and hopefully inspire) students, faculty, staff and visiting - participants. Among the distinguished speakers in the panel discussions throughout the day will be Erie County Court justice Joseph Mattina and Buffalo City Court Justice Alois Mazur. Joining them, Professor Holley, Buffalo Attorney Richard Rosche and Captain Kennedy of the Vice Squad, Buffalo Police Department, will discuss, among other issues, the constitutionality of the consensual sodomy laws of this and otherstates. In addition to local attorneys Barbara Handschu and William Gardner,' the conference will also include law ■ school faculty, including Professors Jacob Hyman, Kenneth Joyce, Louis Swartz and Dannye Holley. On each panel, in addition to a balanced composition of academicians and practitioners, the gay experience will be explained by a gay individual with personal knowledge of the effect of the legal system on the homosexual in each area. The conference will also feature nationally known experts in the field of gay rights including E. Carrington Boggan, an attorney and member of the law firm of Rogers, Hoge and Hills, who also acts as General Counsel of the Lambda Defense Fund, Chairmanof the Committee on Equal Protection of the Law of the A.B.A. Section of Individual Rights and Responsibilities and has authored chapters in both The Rights of New Yorkers and The Rights of Gay People: Other widely known participants include Franklin Kameny, Chairman of the Legal Committee of the Gay Activists Alliance, Member of the Board of Directors of the National Gay Task Force and expert witness for trials and administrative agencies; Bruce Voeller, Executive Director of the National Gay Task Force; and Nath Rockhill ofthe New York State Coalition of Gay Organizations. The panels, covering the most common legal problem areas for the gay individual, will attempt to give participants the a comprehensive view of the law for this segment of our population. Topics to be discussed include Legislation and Litigation Potential (10:00 A.M.), Employment Discrimination (11:00 A.M.), Student-Civil Rights (12:00 noon), Family-Property Law (2:00 P.M.) and Criminal Law (3:00 P.M.). To preview, the discussions should center on some basic issues highlighted by the gay individual in each area. For instance, in the Family-Property Law panel it is expected that the legality of the gay marriage will be discussed as well as custody and tax problems for gays. And, in the Student-Civil Rights panel, Professor Mann will address himself to the recently uncovered problem ofgays with their admission to the Bar after graduation from law schools. Other areas clearly speak for themselves: employment discrimination and the criminal law are general areas which will be discussed from the point of view of those fighting them, those upholding them, and those feeling their effects. The first panel, Legislation and Litigation Potential, should deaf with the concepts of strategic litigation for the gay issue and possible legislative reform. The conference will continue throughout the day, from 10:00 A.M. to 5:00 P.M., in the Moot Court Room and Room 106. Students, faculty and staff are invited to view any one or all of the panels. An informal-reception after the Conclusion session will be held in the first floor loungeand daycare facilities will be available. The scheduled panels and speakers are as follows: continued on page 4 The need for a full time professional placement facility at the State University of New York at Buffalo Law School is abundantly evident. According to Opinion, April 5, 1973, the inspection team of the American Bar *The directors of Distinguished Visitors Forum, the SBA speakers bureau, have reportedly been questioned by SBA officers and others as to the steady series of left-oriented political speakers invited as DVF guests to address topics ranging from political prisoners to prison life, to Attica, to Wounded Knee, to radical feminism. DVF Chairman Gordie Tresch, who apparently at times has not been aware of speaker arrangements made by fellow DVF members )oe Heath and Sue Silber, has been urged by SBA to insure greater balance and professional orientation in the program. Heath and Silber are both members of the radical left National Lawyers Guild, whose local student chapter had written months ago, in chapter minutes, of plans to "take over" the Visitors Forum. Association and Association of American Law Schools cited the placement facility at the Law School as "totally inadequate" based upon the proven experience of graduates. Nevertheless, the inspection team concluded that Buffalo Law Schoolhas the potential to become "one of the nation's outstanding law schools." However, without the commitment by the State to fulfillmentof the kind of needs demonstrated, an invaluable resource may remain underdeveloped. Although all concerned are highly appreciative for John Lord O'Brian Hall, this commitment should extend to software in terms of personnel as well as hardware. Apparently, the University administration and/or Law School administration ostensibly recognize that an integral part of the professional program at the Law School consists of the provision of placement assistance to the graduates of the system. In the official Bulletin for 1972-1974 of the Faculty of Law and Jurisprudence,State University of New York at Buffalo, at 43 under the rubric of Placement, the clear and uncontrovertible representation that the Law School operates a Placement Office separate and distinct from University Placementand Career Guidance stands out boldly. Regardless of the recent appearance of progress in the area by virtue of the establishment of the Career Development and Placement Office, the basic situation has remained unremedied. The allotment of a teaching line to this- office with the concomitant fifty/fifty division of time between teaching and administrative functions results in the kind of part-time arrangement the Law School has suffered under in the past while utilizing the University Placement and Career GuidanceOffice. Although the foundation of a cause of action for misrepresentation seems to have been laid, the StudentBar Association has attempted to work in a spirit of cooperation with both the Law School and University Administrations to solve the chronic placement problem. To this end, the SBA, in good faith, on December 20, 1973 made the following resolution: *Wheels are spinning, it is understood, in response to a project undertaken by SBA Vice-President Rosemary Gerasia to acquire a "health room"downstairs behind the Moot Courtroom where tired or ill students might be able to avail themselves of cots and have access to limited medication. The administration responded first to the request by installing couches in women's rooms, but Ms. Gerasia is still pursuing the possibility of a "health room" with Assistant Dean Marjorie Mix. *ln reaction to Opinion reports of "leaks" of confidential information from the Admissions Committee, which received such informationabout current students as part of a study on LSAT correlations, the Committee has reportedly agreed not to use records containing students' names and personal information in the future. *At the time of or shortly after the recent day care survey sponsoredby Law Wives and Women Law Students, a group of female students apparently met with Provost Schwartz to sound out the possibility of day care facilities actually being established in O'Brian Hall itself, rather than elsewhere on the North Campus. *O 'Brian denizens found themselves waiting significantly longer for thoseinevitable elevator rides most of last week, as the usually more troublesome of the two elevators burned out a motor part that left it completely WHEREAS, the S.B.A. of SUNY Law School recoginoperable for four days, tn the operable car, the fourth floor button, it was discovered, often proved incapable of nizes the need for adequateprofessional placement, and WHEREAS, the history of the placement facilities at bringing the car to a stop on the fourth floor. SUNY Law School clearly shows gross inadequacy in this �Smoking, eating, and even drinking in the library area, and WHEREAS, the S.B.A. of SUNY Law School have caused mounting protest to library personnel, who claim that they cannot police the library nor order anyone wholeheartedly welcomes and most strenuously supports of a dual "director" to leave unless the suspect is actually caught eating or the establishment and development drinking on the premises, mere possession not being placement office at SUNY Law School. it resolved that the S.B.A. of SUNY Law School Be sufficient. Unexplained, according to one student who inquired, is the reason for glass ashtrays in many carrels, hereby suspends the S.B.A. By-Law pertaining to a seven day notice for allocations money, and Further that the while smoking is supposedly prohibited. S.B.A. of SUNY Law School hereby allocates the sum of *A minor crisis in the bookstore, according to $3000.00 to the placement office at SUNY Law School manager Mary Lou Palesh, is the inability to restock for supportive services and development for the academic yellow Flair "Hot Liners," which sold out some time-ago year 1973-74. At that time, the members of the SBA Placement due to steady student demand. Pink and blue highlighters, as well as yellow markers of other makes, have not been Committee were led to believe that such funding would eliminate one of the two obstacles to the establishment of selling well as substitutes. continued on page 6 continuedon page 6 Amerikan Injustice By theBuffalo Chapter of the National Lawyers Guild Lt. William Calley's sentence was recently reduced to Center at the University of Wisconsin. Thebomb went off a maximum of ten years. He is currently free on bond. in the early morning hours when normally no one would Before that he was "confined" to his Bachelor Officer have been in the building. Tragically, a graduate research Quarters apartment where he drank Scotch, watched assistant was in the building and was killed. Army Math is the tube and listened to his stereo. He has been convicted part of the technology that is used in the process of of shooting or ordering the shooting of more than 100 dropping many times more tonnage of bombs on the tiny Vietnamese old people and children. nation of Vietnam than were droppedduring the whole of There is no doubt that he intended to kill these people. Even the Secretary of the Army, Howard Calloway, who was the most recent to reduce his sentence, said that he had no question of Calley's guilt. There were indications that Calley's sentence would be even further reduced. (.alley gunned these people down. His only defense was that he was following orders (just like being a good German). Apparently, to Calley and many other people in this country, these victims were less than human because they were Asiansand not whiteNorth Americans. Karl Armstrong was recently sentenced to 23 years on state charges and 10 years on federal, to run concurrently. Karl pleaded guilty to second degree murder. A bomb was planted in the Army Mathematics Research . World War 11. Karl Armstrong's intentions were also clear; he was trying to draw people's attention to the slaughter in process in Vietnam and he hoped to stop the destruction and end the killing there. He was protesting atrocities of the nature of Galley's slayings and the bombing of Bach Mat hospital. These two sentences are not totally separate incidents. They are the products of the same society. One in which white lives and white people and property are more valued than non-white lives and non-white people. How can the same nation be so generous with war criminals like Calley and so reluctant to grant amnesty to thosewhorefused to go do the killing? �Hauser on Internat'l Human Rights continued from page 7 tion are being supported by in- . April 30, 1974 OPINION 4 HEW Grant Sought For Training Clinic continued from page 7 has found correlation between reformist attitudes and students' race, sex, and socio-economic status, which correlations led him to suggest that law schools consider excluding "some students of affluent families. 11 Participants in the program will be twenty full-time law students selected at random from those indicating interest in specialized training next fall. The commitment of faculty resources outlined in the proposal promises to be substantial, involving 50% of a full professor's teaching time, 50% of an Associate Professor's time, and 25% of the teaching lines of three Assistant Professors. Provost Schwartz, designated as the Program Director, would devote 25% of his time to the project, as would Norman Rosenberg as one of the three Assistant Professors. Other faculty involved in the project will be Herman Schwartz, who will devote 50% of his time to it, and Marc Galanter, whose participation will be limited to 15% of his teaching duties. With the one exception, the salaries for the faculty participants would be fundedunder the School budget, while the HEW grant would provide a support staff of two instructors, an administrative assistant, and two secretaries. creasing numbers of people. Ms. Hauser feels that the Equal Rights Amendment should not be an amendment to the Constitution since the word "person" in the original document should automatically include women. She concedes, however, that since the Supreme Court has failed to make a broad ruling in this area, even when presented with the opportunity, that a constitutional amendment may be the only way to insure equality. Following the address, a reception was held in the Fifth Floor faculty lounge at which students were given an opportunity to speak informally with Ms. Hauser. Legal Studies Program continued fromprevious issue In effect, the ciinrcai curriculum will be merged into two teaching law offices, each containing several specialized components. Each of the three to five components "an People's Progress expansion of involved departments to 10 with an of about three students each. Thus the population of joint-degree students in the Law School would continuedfrom page 3 presumably be about 30 entering each year. will have a full-time faculty member associated with it. It was agreed that such joint-degree programs were so LEGISLATION AND LITIGATION POTENTIAL- 10:00 Each of the civil law components will have a different subject matter base and will be designed to emphasize desirable that sufficient faculty commitment to their A.M. the development of lawyers' skills and/or training for a implementation would be both necessary and fully particular mode of practice. During the 1974-75 academic warranted. The details of admission to these programs, Dr. Franklin Kameny, Mattachine Society, Washington monitoring of student performance, and setting of D.C. year, the Civil Law Clinic will probably contain three components all of which are presently included within our requirements is currently being formulated by the Mr. Don Micheals, Buffalo Mattachine Society President particular set of intellectual concerns or social problems, Advisory Board on Law and Social Science programs, Mr. Bruce Voeller, National Gay Task Force could serve as the bases for a program of research {and consisting of nine members of this Faculty and Ms. Nath Rockhill, N.V.S. Coalition of Gay Organizations perhaps teaching) and exchange in an area of shared representatives from the concerned departments. The basic design of the program is that the student EMPLOYMENT DISCRIMINATION 11:00 A.M. interest, linking members of our faculty with other parts of the university and with scholars and practitioners must qualify for admission to both degree programs, that outside the university. To give some idea of the range of he spend one full year in each of the two disciplines, while Mr. Cary Boggan, Lambda Defense Fund undertaking we think deserving of support, we sketch remaining in consultation with a member of this Faculty Dr. James D. Haynes, Biology, SUC at Buffalo three, possible centers proposed by members of this and the other concerned department throughout jhe Mr. Jacob Hyman, Professor program. The entireprogram will ordinarily take five years Dr. Franklin Kameny, Mattachine faculty. (i) A proposed Center for Studies in Criminal justice to complete. In terms of our curricular requirements, it Mr. Dick McGinnis, Mattachine (to be supplied by Herman Schwartz) would probably be sufficient to offer ninehours ofcredit Ms. Bonnie Strunk, Syracuse Attorney (ii) A proposed Center for Law and Education {to be for the JD for courses outside the professional program (th Newhouse) Wade supplied by usual number being six) which might be separate courses STUDENT CIVIL RIGHTS 12:00 P.M. (iii) A proposed Center for the Study of Law and or all taken for credit for work on the dissertation. Development In order to maximize the growth and effectiveness of Mr. Cary Boggan, Lambda Defense Fund As part of its legal studies program this Faculty might the joint-degree programs, this Faculty must contribute Mr. Alan Ellis, Gay Liberation Front at UB undertake to establish a Center for the Study of Law and faculty advisement for each joint degree student by Dr. Franklin Kameny, Mattachine, Washington D.C. Development. This Center would be a place for research, someone who will work with the advisor from the other Mr. Howard Mann, Professor training and intellectual exchange on the relation of law discipline. This will involve some commitment of Ms. Bonnie Strunk, Attorney and large-scale social change. manpower. We propose the faculty members so occupied This Center should be visualized as a vehicle for a might constitute a joint-degree program committee of this FAMILY-PROPERTY LAW 2:00 P.M. major commitment to a comparative study of the legal Faculty. process along lines quite different from traditional F. General conclusions Mr. William J. Gardner, Buffalo Attorney comparative law study oriented to the law in action, to We emphasize that these variousactivities which taken Ms. Barbara Handschu, Buffalo Attorney developmental problems, incorporating a variety of together make up the legal studies program need to be Mr. Kenneth Joyce, Professor empirical research methods and attempting to connect up recognized as an important part of the mission of this Ms. Bonnie Strunk, Attorney with social theory and to break down the isolation of Faculty. Not only should they provide a basis for Mr. Louis Swartz, Professor comparative and domestic studies. important contributions to our knowledge of legal process, Mr. Bruce Voellner, National Gay Task Force The Center's training programs should not be confined but they should feed back into and enrich the professional to the form of regular course-work for credit. Another program. We would expect this enrichment to take place in CRIMINAL LAW 3:00 P.M. appealing format,and one appropriate for reaching a wider several ways. First, by helping to create an atmosphere of audience, would be that of intensive research workshops. critical inquiry into the nature of the legal process. Mr. Dannye Holley, Professor Such a workshop might be run periodically for a select Second, by helping to generate new learning that can be Captain Kennedy, Vice Squad, Buffalo Police Dept. group of younger law teachers, mainly from the less incorporated into the professional program and new Hon. J. Mattina, County Court Justice developed countries, who are temporarily in the United interests among the faculty in utilizing it. Hon. A. Mazur, City Court Justice States for advanced training. The various legal studies undertakings set out here Mr. Richard Rosche, Attorney It is worth stressing that such a program needs to be require significant portions of our Faculty's time. We do Mr. Bruce Voellner, National Gay Task Force average — - - - - international and multi-lateral in its scope. The U.S. has no monopoly in the field of social research on the legal process. Several developed countries (notably the Scandinavian countries, Germany and Japan) have a flourishing tradition ofresearch in this area and there are a scatter of interested individuals in a number of under-developed countries. One of the aims of the present proposal is to provide channels for effective contact between the scattered undertakings, making them available to American legal education on the one hand, and to the under-developed countries on the other. E. Joint-degreeprograms It was agreed that joint-degree programs should form a significant part of our legal studies program. We contemplate a widearray of theseprograms in conjunction with departments in the Social Sciences, the Humanities, the Natural Sciences, and Engineering. There are presently at least 17 law students enrolled in graduate programs in at least six departments (Architecture, History, Management, Philosophy, Political science, Sociology). We contemplate not think these contributions should be confined to the tenured part of the Faculty. Therefore it is extremely important that adequate recognition be given to such activities in evaluation performance for tenure purposes. In addition, the Faculty should move forward in making some appointments of scholars whose major field of activity will be in the legal studies undertakings. We note the rather slow progress that has been made in filling the so-called ten "inter-disciplinary" lines which have been promised to this Faculty. For present purposes, we may take the ten lines (out of the projected 55) as a rough rule of thumb. By this standard, we are quite under-represented in staffing our legal studies programs. CONCLUSION -4:00 P.M. Mr. Cary Boggan, Lambda Defense Fund Mr. Don Micheals, Mattachine,Buffalo Dr. Franklin Kameny, Mattachine, Washington This conference has been generously funded by the Student Bar Association, the Law Student Division of the American Bar Association, the Mitchell Lecture Series, and the National Lawyers Guild. The organizers would like to thank all those who have contributed thought, encouragement and resources, especially Mr. Marc The number 10 should be taken to mean not 10 Galanter, Laura Zeisel, and Ben Slonim. Again, this persons but 10 FTEs. We would therefore expect that the student-run project is for the benefit of the school as well commitment to legal studies would not necessarily mean as the community. Take advantage of it. that a given number of individuals were "legal studies" appointments and others were not, but that a fairly large portion of the faculty would in one way or another be involved with legal studies undertakings. �April 30, 1974 OPINION 5 Turn of the Screw by lan DeWaal The item of most immediate interest to most of us is what is happening with the Scholar Incentive Program and State University Scholarships in the State Legislature. A conference was supposed to be held last week between the proponents of the Costigan bill in the Assembly and the Stafford bill in the Senate with the Governor to iron out theirdifferences. I have written before that the Costigan bill appeared to create the most problems for law students. However, that defect has been corrected with the addition of a "saving clause" which wouldallow the program to continue "as is" for those students already in the currervt program until they graduate. An agreement must be had in the next week or two since the legislature is rapidly approaching its summer recess. If no agreement be reached there is a long-shot chance that there won't be any can Scholar Incentive program next year. If you are concerned about this matter it would be advisable to immediately write your state legislators to express your support for the Scholar Incentive program. Syracuse Law Dean Judith Younger advises women students on law careers. -centner Woman Dean Addresses Prospective Law Students By Cindy Lowney Under the direction of Dr. Jerome Fink, pre-law advisor at SUNY at Buffalo, a "Women and the Law" program was held on Saturday, April 20, at the Main Street campus. The purpose of the program was to introduce undergraduate and community women to law careers. The keynote speaker was Judith T. Younger, Associate Dean of Hofstra University School of Law, who will, in July, become the. first woman law school dean in New York State at Syracuse University Schoolof Law. Dean Younger received her B.S. degree from Cornell University and her law degree from New York University. In addition to her present work at Hofstra, she is a consultant on marriage and divorce for the National Organization of Women (NOW) and is a trusteeofCornell University. Younger delivered a speech on her personal experiences in law school and work. She began her talk by telling the audience of her role as a wife of 19 years and a mother of two girls "freely chosen after deliberate thought." Then she proceeded to exactly speak about the crux of the conference how she had gone about "making it" in a man's — profession. Younger stated that there were only 1,883 women in ABA approved law schools in 1963, as compared with 16,460 in 1973. This, she explained, accounted for "Stage I" that she went through while a third-year law student, that of trying "to be like a man." After being told by the dean of the NYU Law School that, despite her good grades and law review membership, she would not be given a letter of recommendation for a federal clerkship with Edward Weinfeld, but instead should work in the area of Trusts and Estates and "settle down, start to cook and entertain for Irving" (her husband}. Younger wasserious. She told her husband ofthe problem and he told her to "demand" that she be considered by the Dean for the position. Eventually, Younger got the job under the recommendation that she "is as beautiful as she is brilliant." This led to Younger's "uniform" of a black suit and a white blouse while she was clerking, to prove she could be just like a man. After she began to accept herself as a woman, Younger went into Stage 11, pregnancy. She never stopped working and said the biggest problems she encountered as a working mother were those of finding a competent babysitter, housekeeper, a nursery school,and a day care center. Stage 111 of Younger's life was "characterizedby getting old." She said she was much more relaxed about her sex, and her role as motherand wife, since her children had begun school and her husband was "accustomed to eating out." She considers herself now in Stage IV, that of feminism being an asset. Younger said that she very often gets comments from her colleagues such as "you didn't get the job on the merits (law dean); you got it on your sex." She is not insulted by this, but feels that it is about time women are recognized in the field of legal education. Younger urged the women to "join us, come to law school, as a deliberate choice after considering all of the alternatives." When Younger finished her speech, questions were directed by the audience to her and a panel comprised of women from the SUNY Law School. Marjorie Girth, Associate Professor; Janet Harring, Assistant Professor; and students Regina Felton Gwan and Laura Zeisel answered specific questions regarding SUNY at BuffaloLaw School, as well as questions on accredation of law schools by the ABA, financial assistance, law school curricula, recommended undergraduate preparation, and emotions. The session was ended with a remark by Younger that "the key to real liberation is that you are financially independent. .Good luck." The next session on "Women and the Law" will be held on May 4 at Capen Hall, Main Street Campus at 1 p.m. Peter Winograd, a Harvard Law graduate who formerly worked in administration at NYU and is presently with the Educational Testing Service (ETS), will be the keynote speaker. He will address the students about the LSAT and LSDAS. Provost Richard Schwartz of the SUNY at Buffalo Law School will also speak on law schoolsand law school admissions. All in terested men and women, whther prospective law students or part of the law community, are invited to attend to learn about the abovementioned topics. AWLS Elects Officers, Plans Future Activities Officers of the Association of Women Law Students (AWLS) for 1974-75 will be: Karen Leeds, President; Carol Matorin, Vice-President; Cindy Lowney, Secretary; and Betty Gould, Treasurer. The announcement was made at the AWLS meeting on Thursday, April 18. The new officers stressed the need for stirring interest in the organization, since it has been relatively inactive in the past. The women are actively recruiting those who are interested in projects such as day care planning and implementation; recruitment and orientation of new women Summer registration will begin on May 1, You should plan to register as soon as possible because of an experimental registration process being used. When you fill out the computer registration form, the Registrar's Office will keep its own list of students registering in the order that they register. Thislist will be used to decide the official classlists In case there is a demand exceeding class size limitations. In other words, registration will be first come, first served, so get there early. There is some relief available for students who have an overburdening exam schedule. Anyone who has three or more exams consecutively in a given week, or who has four or more exams in a given week, may have their exams rescheduled. See Mr. Wallin in 314 if you desiresuch a change. Finally, if you have any questions regarding financial aid for next year, please see me in the next two weeks. My schedule as''well as your schedule is likely to be erratic during exam week. I'm in 301. ' Search Begun Have You Seen This Man Lately? . law students; placement; and affirmative action programs on the hiring of women faculty members. All interested are asked to contact the officers at Room 509,0'Brian Hall. The next meeting will be announced next week via bulletin boards. The School administration has quietly expressed concern as to the whereabouts of Kenneth Davidson, professor of torts and sex discrimination, who suddenly disappeared several weeks ago after being informed by colleagues that beards and long hair had become unfashionable in the "Gatsby Era." Strangely, Professor Davidson's mail and pay check have been regularly picked up since the disappearance, and students have reported that Mr. Davidson's courses have since been conducted by a young graduate student sporting the "Gatsby look." One student alleges that he heard a familiar Davidson squeak from within the missing professor's office last week,but it has been thought that only the graduate assistant has been using that office during theabsence. It is suspected by some faculty colleagues that Davidson had become despondent shortly after both Howard Mann and Dannye Holley succumbed to hair trims, though neither went as far as the "Gatsby look," the essence of which is a plastered-down, non-hirsute appearance known to be anathema to Davidson. One faculty jokester, preferring to remain anonymous due to the tendency of jokes to become truth at the Law School, started the rumor circulating that Davidson had himself followed the "Gatsby" trend, but the only extant photos of Davidson provide no assistance as to discerning his appearance were he actually to have shaved. �6 April 30, OPINION 3rd Year Student Seeks State Assembly Seat by Gary Muldoon When other seniors are seeking jobs or contemplating unemployment, one senior will be busily looking forward to a job in Albany—in the State Assembly. Rolland Kidder, a third-year law student from ]amestown, New York, is actively seeking the Democratic nomination for the State Assembly in the 150th District. Kidder, 33, is challenging the Republican incumbent, whom he characterizes as a "cosmetic candidate." Kidder is no newcomer to politics, having been active for the past eight years in various Democratic Party campaigns. He first became involved in politics in Indiana in 1966, working in Congressional and state-wide races there. In 1970, after a year-and-a-half stint in Japan as a naval officer, and a year in Vietnam, Kidder achieved prominence in Chautauqua County by running for State Roland Kidder, Assembly Candidate Assembly while stationed overseas. Nominating petitions Man-one vote rule. With the new community, he doesn't deliver." were circulated for him, and in districts, the Chautauqua County For example, his opponent has set the Democratic primary he Democratic Party in 1971 took up a committee with legislators in whomped his opponent by a 4-1 con trol of the county other- states supposedly to study margin. Returning from Vietnam government, capturing 15 of 25 the pollution problem of Lake in June of that year, he lost to the seats. Kidder said that much of Erie. But the only result of the Republican incumbent in the the credit for the growing committee, said Kidder, was the general election, though the Democratic Party strength in members holding testimonial winner's margin of victory was Chautauqua County was due to dinners for each other. smaller than what he had achieved Jamestown's mayor, Stanley Kidder is a strong proponent of Lundine, a progressive Democrat open government. The county's in previous years. to now Kidder was elected his third of office. 1971, In in term Finance Committee, chaired by the Chautauqua County The new activitism has brought Kidder, is the only committee in Legislature, and was re-elected in attention to the county. On April the county open to the public. If 1973. At present, Kidder is 27, when the Chautauqua elected to the Assembly, Kidder chairman of the powerful Finance Democrats hold their nominating hopes to have a law passed that Committee, as well as serving on c on yen tion, three Democratic will make the state's committees the Agencies Committee and the gubernatorial candidates will be and the Public Service Social Services Committee. represented: Howard Samuels and Commission more open. Recently, Kidder was appointed Hugh Carey will be there, as well Another issue which Kidder to the Criminal Justice Task Force as Mrs. Ogden Reid. stresses is the consumer issue. of ChautauquaCounty. Kidder feels that his chances No-fault insurance at present is Chautauqua County, located in are better this time around than in not working to the benefit of the the Southern Tier region of the 1970 for defeating the incumbent, insurance consumer, he asserts, as State, and bordering Lake Erie John Beckman. The district has the premium reductions have been and Pennsylvania, has a been reapportioned since then so miniscule. The legal community population of 150,000. The 150th as to include within it both has noticed the effect of no-fault, Assembly District, in which Jamestown and Dunkirk, urban with reduced litigation, but the Kidder is running, is totally within areas where there are' large people are still paying high the County, and has 120,000 numbers of Democrats. Last time premiums. Kidder also noted that, constituents. out, Kidder faced an 11,000 voter although there has been a 25% In an interview with Opinion, disadvantage in Republican- reduction in accidents due to Kidder noted that Chautauqua Democrat registration; this time, lowered speed limits and gas County politics have changed because of the reapportionment, rationing, the insurance greatly in the past few years. the disadvantage is 4700. Kidder consumers have realized no Previously, it was considered a also notes that in 1970, in reduced rates because of it. safe Republican area, with addition to laboring under the Kidder is also a critic of the Republicans controlling the disadvantage of campaigning while Public Service Commission, which County government for 150 years, overseas, he was an unknown in he feels is not adequately until 1971. A few years before the political arena. This year, after representing the people. He feels that Joseph Gerace, the present three years' experience in the that the P.S.C. is overloaded with chairman of the County county legislature, he is better utilities' interests, and that the Legislature, filed suit against the known. rate-making structure favors the An important issue this year is utilities. The price increases are county's governmental body, the the who be county executive, will Board of Supervisors, charging due not only to the increased cost severe underrepresentation and elected for the first time this year. of energy, but more importantly, gross overrepresentation in many At present, without an executive, from capitalization, over which of the County's areas. Until that the committees have had to the P.S.C. does not exercise time, said Kidder, each man on perform not only a legislative effective control. the Board represented his own function, but also the Although Kidder has not township, which resulted in administrative function, which is serious underrepresentation and difficult for the legislators decided which Democrat to they inasmuch all have other for Governor, he is support as rotten boroughs, since a township of 800 people had as much jobs. Kidder strongly favors a critical of Governor Malcolm Wilson, whom he called "a pawn representation in county county executive. Kidder called his opponent a of Rockefeller." In Kidder's view, government as did a township of resigned to give "cosmetic a man who Rockefeller candidate, 8,000. As a result of the Gerace lawsuit, there was a court-ordered releases a lot of public relations Wilson the incumbency to run on, plan to revamp the county material. But when it comes to yet Wilson has not made good use government and bring the districts understanding state government, of his time. into conformity with the one and producing for the 1974 Law Review Available Volume 23, Issue 2 of the Buffalo Law Review is now available. Included are two significant articles by Professors Franklin and Homburger, entitled respectively Romanist Infamyand the A merican Constitutional Conception of Impeachment, and Private Suits in the Public Interest in the United States of America. Other professional articles deal with the "supposed" fuel shortage and administrative discretion in the assessment of real property tax in the City of Buffalo: In addition, Impeachment: The Constitutional Problem by Harvard Senior Fellow Raoul Berger (which is criticized in Franklin's article) is the subject of a book review. Review members have contributed two comments, The Plea Bargain in Historical Perspective by Jay Wishingrad, and Judicial Activity and Public Attitude; A Qualitative Study of Selective Service Sentencingin the Vietnam War Period by Diane Bennett Graebner, and two casenotes, by Barbara Davies and Robert Nisely, dealing with artificial insemination and the New York press shieldlaw. Any student interested in purchasing a copy of either issue of the current volume will find them on sale (at a student discount price of $2.50/issue) at either the law school or main campus bookstores. Classifieds FOR SALE: Professional style hairdryer, very good condition; portable dual hotplate; cheap, call 688-9126 evenings. FOR SALE: 72 Chevy Nova, Red, good gas mileage, excellent tires,, radio price negotiable. Call 631-5493 evenings. WANTED: Writers, photographers, interested students to help save a fast-vanishing breed. Opinion needs You. Contact Ray Bowie or Shelley TaylorConvissar or come up and see us, Room 623-A. Speaker's Bureau announces that MARTY FEINRIDER will speak on the Fair Jury Project and the inequities of selection of the juror pool in Erie County on May 2, at 8:00 P.M. in the Moot CourtRoom. President's Corner continuedfrom page 3 a full-time professional placement office at the Law School. The other impediment was the upgrading of a non-teaching budgetary line to be converted to placement purposes. To expedite this, SBA authorized Thomas Mullaney, third-year student Don Lohr, second-year student, and David Weber, first-year student, all members of the SBA Placement Committee, to represent all law students and request a meeting with President Ketter, Executive Vice President Somit, Vice President for Academic Affairs Gelbaum, Vice President for Student Affairs Sigelkow and representatives of any other University offices to which the placement issue might be related to discusssolutionof the problem. In response to the letter, dated February 26, 1974, sent to President Ketter by the Ad Hoc SBA Team to Lobby for a Placement Office at the Law School, a meeting was arranged for April 9, 1974. At that meeting, the student team was informed that President Ketter had signed a request for a non-teaching budgetary line for placement at the Law School with the support of the University Personnel Office. However, due to commitment to the concept of centralized placement operations within the State University system, President Ketter expressed fear that the request would be denied at the Division of the Budget level. Therefore, the SBA Placement Committee strenuously urges that all students, faculty and staff in the interim write to the following: continued onpage 7 SBA, National Lawyers Guild, and Mitchell Lecture Series Present Gay Rights and The Law Friday, May 3 - 10am spm Public Invited �April 30, 1974 Briefs. OPINION .. �Announcing a budget cut of $34,000 resulting in the deletion of two of the five additional faculty lines the School hoped to receive, Provost Schwartz pledged to the faculty that efforts were being made to reinstate the money in the State's supplemental budget. The budget crunch has, however, prompted the Budget and Program Review Committee to take a hard look at the several student organizations wholly or partially funded by the School. While Moot Court Board and Buffalo Legislation Project reportedly will be funded as requested, the BPRC has exhibited some reluctance over the substantialBuffalo Law Review allocation, allegedly out of faculty dissatisfaction with the Review's selection criteria and editorial policies. �Faculty teaching the first-year "small group electives," and students taking them, have been issuing generally poor assessments of the effectiveness of such courses, some feeling that legal research and writing cannot be taught successfully with concomitantsubstantive course material. Associate Provost Greiner recently acknowledged the dissatisfaction and urged re-evaluation of the program. �Several students familiar with library employment have reported that understaffing is only part of thereason for the library's failure to reshelve materials quickly. According to such reports, many student employees in the library, on the work-study payroll, are reluctant to shelve books, a mundanebut necessary task. 7 Tentative 1974-75 Course Schedule Course Offerings 1974-75 First Year Students SPRING Constitutional Law Constitutional Law Constitutional Law FALL Civil Proceduree Civil Procedure Civil Procedure Civil Procedure I I I I I I I Homburger H yman Kane Contracts Contracts Contracts Schlegel Property Property Property Fleming Large Group Electives Gordon Introduction to International Law Legal Process Civil Procedure II Commercial Transactions Criminal Procedure McCarty Criminal Law Criminal Law Criminal Law Criminal Law Holley Torts Torts Torts Torts Harring Products Liability Laufer Legislation Allen Katz Bell Hyman Newhouse Mann Blumberg Goldstein Greiner Buergenthal I Galanter Kane Schlegel Burns Small Group Electives Boyer Harring Holley- Criminal Law (?) Privacy & Technology Government & Land Data Banks & Privacy Judicial Process Kane Kaplan McCarty Schlegel Upper Division *l nfluential members of the Law Alumni Association have indicated, in response to Opinion inquiries, their interest in establishing an alumni-student FALL liaison of some sort, whereby students would maintain direct and regular relationships with the Alumni SEMINARS: Association for the first time. Auto Insurance & Reform �Plans have been broached, in the aftermath of the Collective Bargaining retirement of Law School Professor Mitchell Franklin, to Constitutional Litigation establish, contingent upon the availability of funds, a information Systems Mitchell Franklin Chair at the School for a professorship in Private Suits in the philosophy of law. Public Interest Public Utility Rate proposed security for a TV �With the money Regulation ; surveillance system no longer available to the School, Quantitative Methods I reports coming from the Budget and Program Review Committee indicate that the TV system has been CLINICS: abandoned and that the possibility of manned security patrols of the building in evening hours is now being BusinessLaw investigated. *Lbng*Rahge Planning Committee, having heard presentations from faculty and student supporters of affirmative action programs, is carefully planning its report on affirmative action hiring, which report is expected to be favorable to increased . affirmative action efforts. President's Corner continued from 6 page GovernorMalcolm Wilson State Capitol Albany, New York 12224 Juvenile Litigation Correction Litigation Jail Counseling Service Schlegel McCarty Rosenberg Administrative Discretion Advanced Criminal Procedure American Legal History Constitution & Foreign Affairs Crime & Community Law & EnergyPolicy Law & Public Education Municipal Law Quantitative Methods II Supreme Courtand its Critics Gifford Birzon Harring Buergenthal Katz Boyer Newhouse Kaplan McCarty Hyman CL.N.CS: Education Law Rosenberg Juvenile Litigation Girth Schwartz Correction Litigation Jail Counseling Service Wolfgang Upper Division Electives FALL Administrative Law American Legal HistoryI Civil Procedure II Commercial Transactionss Commercial Transactions II Conflict ofLaws Constitutional Law II Constitutional Law II Copyright & Patent Evidence I Family Law (Sec. A) Family Law (Sec. B) and as well as representative New York State Senators Federal Tax I (Sec. A) Assemblymen. Federal Tax I (Sec. B) To bring this Issue squarely into focus and strongly solicit support for approval of this request, a list of Future Interests suggestions formulated by the SBA Placement Committee Federal Tax II & Land to act as an aid in drafting such letters is available in the Government International Protectioon SBA Office, Room 504. of Human Rights (Sem) In addition, SBA plans to send a delegation to the Labor Law Division of the Budget to present the case for a Placement Land Transactions Office at the Law School when the request reaches that Law & Economics (Sem) stage. As part of the case, a petition, hopefully endorsed Law & Social Change members of the faculty, staff and student body, in Protection of Environmental support of the request will be presented. This petition is Quality (Sem) available for signatures in the SBAOffice, Room 504. The essence of this article is to vigorously stress that Remedies Simulated Law Firm the students must not relent or disunite in the struggle to establish a full-time placement facility at the Law School. Trade Regulations Trie absolute importance bf the abovementioned letters Trial Technique and pet.iti.pn> can not be,overemphasized. . Homburger Wolfgang(?) Corporations (Sec. A) Corporations (Sec. B) Corporate Taxation Evidence Workshop Divisionof the Budget Director Richard L. Dinham State Capitol Room 113 Albany, New York 12224 Laufer Newhouse Mann Goldstein Newhouse Girth Schwartz j �Despite at least two resolutions from SBA this year, an Opinion editorial, and a letter to the newspaper, little has been done to install the long-delayed outside lighting and no date has been set for the installationof lightswhich were to have been installed by December. -. SPRING SEMINARS: SPRING Boyer I Kochery Spanogle Girth Buergenthal Hyman : Mann Goldstein Fleming Zimmerman Del Cotto Katz AdministrativeLaw AppellatePractice Children's Rights Workshop Commercial Transactions II Conflict ofLaws Constitutional Law II Consumer Protection Corporations - Criminal Procedure (Sec. A) Criminal Procedure (Sec. B) Corporate Reorganization Debtors Rights Evidence Blumberg Evidence Swartz Federal Jurisdiction Joyce Federal Tax I Del Cotto Federal Tax II Mugel Gratuitous Transfers Joyce Income Taxationof Trusts, Estates & Beneficiaries Kaplan Juvenile Courts Buergenthal New YorkPractice Kochery Regulation of Advertising Reis Philosophy ofLaw Gifford Simulated Law Firm Galanter Trial Technique Reis i Harring Boyer, Kaplan, Rosenberg Gifford Staff Gifford Desmond Swartz Spanogle Holley Mann Spanogle Zimmerman Burns(?) Schwartz Del Cotto Girth Allen Bell Katz Greiner Del Cotto Joyce Joyce Rosenberg Homburger Goldstein Bell Boyer, Kaplan Rosenberg Staff �April 30, 1974 OPINION 8 Day Care Center Studied Alumni Line By Earl S. Carrel The Faculty Lounge was the setting, on Sunday, Dauman of the Law Wives. Approximately thirty April 21, for a children's party and a day care children and twenty adults participated, which was did not attend the dedication of O'Brian Hall, Unfortunately, I meeting for parents, co-sponsoredby the Association considered a good turnout. went off successfully. I'll spare of Women Law Students (AWLS) and the Law Basic plans regarding the location, programs, but I am told that almost everything administrators the Wives. and staffing of the day care center were discussed, as some of the Law School's upper level responsible for the few The two groups which are trying to gain support well as the results of the day care survey. The embarrassment of naming those who were Certainly mistakes. mistakes and/or near Justice Warren's illness was for the establishment of day care facilities on the party/meeting was concluded with a peanut hunt. Future meetings will be announced through not one of those errors, for it was beyond the control of the Law Amherst Campus, decided that one of the most School. important steps to be taken was to have the presence Opinion and posters in the Law School. The entire Law School community is invited to I did, however, get a look at the photo exhibit and it is well of children felt, while at the same time organizing the parents. As a result, a magician was summoned help launch the day care program, to enable faculty, worth the trip out to the Northern Wasteland especially for those to they work and whose natural habitat is the wood-paneled offices of downtown. wish, if to perform for the children, while the adults met student, and staff wives to help men and women law students, who have outsideof the lounge. I have been writing thiscolumn for nearly two years now, and in Beaufort Willbern and Cheryl Fisher, first year child-care responsibilities to have more time to all that time I have gotten ONE item from an alumnus for inclusion in law students, co-ordinated the events with Marcy devote to their studies. the column. Additionally, despite extensive solicitation both by personal contact and by letter, the officers and directors of the Law Alumnihave seen fit to respond only ONCE with material for "Alumni - Law Wives Plan Expansion v The Law Wives Association met at the home of Professor Daniel and Mrs. Ann Gifford on Wednesdayevening, April 17, forabusiness meeting and a presentation on constitutional law by Professor Howard Mann. Also present for the meeting was Mrs. Virginia Franklin, wife of Professor Mitchell Franklin. Informal discussion on the possibility of expanding the organization to include "law husbands" was aroused when Kenneth Rowland, husband of a first-year student, arrived at the meeting. It was decided that if enough husbands show interest in their wives' academic pursuit and would like to join the organization, it wouldbe up to the officers to decide whether or not to change the organization's name to perhaps "Law Spouses." Interested husbands were advised to contact Ken at 631-5493. Other items on the agenda included day care plans, nominations of officers for 1974-75, motion to grant a gift to the Law Library (passed), motion to make a contribution to Seneca State School (passed) and plans for the annual picnic. Officers nominated for next year are: Nancy Kitchen, President; Lois Weinstein, Vice-President; Sue Moran and Kathy Donnelly, secretaries; and Karen Sullivan, Treasurer. Nominations are still open and the election will take place at the next meeting. The picnic will be at the home of Professor William and Mrs. Carol Greiner, 289 Countryside Lane, Williamsville, on June 2. For reservations and more information, please call Nancy Kitchen, 741 -2594 or Karen Sullivan, 896-1394. Line." It is debateable whether the blame, if I may use thatword,lies with the alumni themselves or with the Alumni Association. In any event, it appears that the Alumni Association is spinning its wheels, stirring up a lot of dust,but going nowhere. Let us all hope that Rudy Johnson will do considerably more for the many alumni than have some of the past officers. For too long has the UB Law Alumni Association served a small clique instead of the Law School or the alumni as a whole. I have heard that the Alumni Committee on Grading has reached the stage where its report is imminentMy sources have indicated the report will not be particularly favorable toward the present system. George M. Blackman, '08, died April 9,1974. George M. Metz, '26, former Warrant Clerk and Assistant Chief Warrant Attorney in Buffalo City Court and an Assistant Erie County District Attorney 1944-1963 when heretired, died March 27,1974. Jerome Van de Water, '32, Chairman of the Erie County Water Authority, died April 6, 1974. Florence Burton, '72, was appointed Executive Director of the Erie County Consumer Protection Committee. Prior to her appointment, she had been a legal assistant in the Erie County Attorney's office. SBA Considers Budget Issues as Sub Board I, which acts as custodian for SBA money, kept no record of "carry-overs" and hence could not tell how much surplus SBA had. SBA dipped commotion last week when a several thousand dollars into BALSA request for supplemental these ■ unknown funds last fall, allocation prompted heated having budgeted more money debate and hints as to serious than was collected from student financial problems within the activity fees, and Treasurer Zurenda no ted that the Student Bar Association. The BALSA (Black organization was currently in a American Law Student serious financial crunch, with Association) request for $200 in only approximately $250 in this 3rd year SBA Directors: (Front, I to r)D. Brodnick, B. Gottfried, P. Tom; -centner additional funds for a minority year's contingency fund. (rear, Itor) M. Linneman, E. Zagajeski,). Gauthier. SBA President Don Lohr placement symposium, which the Budget Committee recommended and the Treasurer have been in consultation with Sub Board not be granted, was eventually passed by the SBA, al though frequently in an effort to resolve reduced to a blanket $100, but problems arising from previous not before charges and SBA accounting practices. countercharges were traded by Difficulty has, according to Ms. The dedication incident still stands as an alternative to of "disruption" in the rules, directors who differed as to Zurenda, been posed by the involving Asst. Dean Mix and litigating a complaint. FSRB is which he claimed were too vague, whether BALSA was overfunded failure of numbers of students to several students protesting Attica, the School's grievance mechanism and the delegation of disciplinary, or underfunded. The final motion pay activity fees, with the result in which Dr. Mix threatened and generally has wide discretion power to suspend, which he to allocate the $ 100 figure that money promises to be tight questioned as to whether it could emerged as a compromise. next year. The SBA Budget s 11111111,11 v suspension for any to provide equitable remedy. Slonim, addressing the SBA, be summary or exercised by Dr. BALSA last fallreceived $1800 in Committee, in its budgethearings disruption of the ceremony, reached SBA last week, when stated that the groups sponsoring Mix. its budget, including $600 for the preparatory to proposing the Bert Slonim, one of the the Attica protest did not think After discussion of the symposium which was found to budget last week, warnedgroups protestors, addressed the SBA that Kochery's offer to mediate history and operation of the rules be an underestimate of the of the financial situation and concerning the incident, noted "pre-empts the issue," as there for public order, which have been amount needed, but several sought to make cuts where that a complaint was being was the wider issue of the promulgated by both UB and directors complained thai, except necessary. formulated for presentation to administration's right to SUNY, the SBA agreed to for the symposium amount, the Earlier in April, SBA passed FSRB, and asked thatSBA study summarily suspend and the withhold any action except for remainder of the BALSA budget a resolution recognizing bar the University's rules for public University's rules of public order, authorizing "a group of interested was still unspent and could be review courses so that there order. which prohibit disruptive protest people getting together to study reallocated. Nonetheless, the would be no difficulty with such activities. Slonim alleged that no therules which govern our lives as supplemental $100 passed by a courses, though commercial, copies of the rules were available sty dents." using School facilities. Building vote of 6 to 5. Prof. David Kocbery, to the protestors until three days A subsequent attempt by In the course of the and campus facilities warranted first-year discussions, a offered after the and that no directorand Treasurer Sara attention with several motions FSRB, incident, Slonim, to chairman of "amicably mediate" the copies were then in the building, member of the National Lawyers Zurenda replied, m answer to a expressing SBA support for controversy between Dean Mix constituting a failure to give the Guild, to get SBA endorsement query as to the wherebouts of a elevator access directly to the and the protestors, and although students adequate notice. for a "Regional Attica Protest" in supposed $20,000 surplus SBA basement for the convenience of an actual complaint has been The complaint drafted by downtown Buffalo failed when understood it had in the fall, that students with lockers there, for drafted by the students, he told the protestors, Slonim revealed, the body had to adjourn for lack little was known of the amount the acquisition of a motorcycle of a quorum. of the surplus from previous years rack outside the building. Opinion that his offer to mediate addresses itself to the definitions Currently in the midst of considering budget recommendations for the coming academic year, SBA budgeting caused some preliminary Dedication Protestors' Grievance Explained at SBA Meeting � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-04-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/30/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b109de88a9dd658dadbd4942abf10ebc.pdf ce9a0bde3e25f34ab764a3eb520450d4 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Vol. 14, No. 13 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 May 14,1974 State University of New York at Buffalo School of Law SBA Delves Into 1974-75Budget Criminal Law Panel: (I to r) Don Captain A: SBA Organization (Social, Athletic, Orientation); B: Distinguished Visitors; C: Opinion; D: BALSA; E: Moot Court; F: Law Women; G: International Law; H: LSCRRC; I: All others (Law Wives, BLP, PRLSA, Lawyers Guild, Environmental Law, Gay Law). by Ray Bowie SBA last week began deliberation of the 1974-75 budget prepared,-for the first time in the spring semester, by Treasurer Sara Zurenda and the Budget Committee in response to a Sub Board I requirement that all student government budgets be filed by May 15, rather than in the"fall as in past practice. Sub Board I is the custodial agent for student government funds, and unless budgets are submitted by the deadline set, SBA will reportedly have no claim on next year's activity funds. In over two hours of budget discussion on May 3, however, the SBA Directors had tentatively approved only the SBA organizational budget and general budgeting guidelines, leaving the social, athletic, and individual organization budgets yet to be considered. SBA President Don Lohr was hopeful that the remainder of the budgets would be approved prior to May 15, but as the final issue of Opinion went to press, other directors expressed pessimism as to that deadline. As recommended by the Budget Committee, which had held hearings on each budget request, the 1974-75 budget saw an expected increase in available monies next year, attributable to the larger student body, but nonetheless contained cuts in the level of funding for most groups due to greater allocations for SBA operations themselves Delivering the Committee's report at the May 3 meeting, Treasurer Zurenda stated that enrollment next year was estimated at 765 students, providing $22,950 in activity fees. In addition to new funds, SBA is figuring upon an almost $7500 "carry-over" of money unspent by SBA organizations this year, $3,506 of which will be reserved for the settlement of a possible suit against SBA by FSA for past vending machine revenues. Consequently, the $3,991 left unencumbered from this year's unspent budget brings the total amount available next year to $26,941.50. The Treasurer noted that additional unspent money from this year may become available for next year's budgeting and could be allocated supplementally next September. She warned the directors, however, that the budget was "tight" at this point and should not exceed expectedrevenues. Prior to the consideration of budgets, the SBA approved general budget guidelines for fixing allocation formulas for various activities. Office supplies were limited to $25 per organization, whileconvention expenses, which most organizations request, were calculated on the cost ofair fare for one person plus $75 for food and lodging. While the total amount for convention expenses was limited to $500 per organization, the directors deleted a provision barring organizations from requesting supplemental convention money next year. For the first time, organizations were allowed money forintracounty travel expenses, such money limited to $10 per organization to provide transportation for invited speakers and guests. In addition, full-service telephones were, due to organization dissatisfaction with the campus phones they had this year, supplied for those organizations sharing offices inrooms 118 (Lawyers Guild,LSCRRC, ELS, Gay Law Students), 506 (BALSA), 509 (AWLS), and 604 (PRLSA, ACLU, International Law). -continued on page 4 Kenneth P. Michaels, Dr. Franklin Kameny, Prof. Holley, Shelley Taylor Convissar Kennedy. City Court fudge AIMazur, Bruce Voeller Conference Studies Legal Status of Gay Individuals The legal situation of the gay community was the general subject of discussion and debate dur- ing the day-long conference held in the law school on Friday, May 3. Gay Rights and the Law, planned by three first year law students, dealt with the specific legal disabilitiesof homosexuals in our society from the perspective of the five areas of the law which most significantly affect the gay community. With the aid and cooperation of law school faculty, gay activists, practicing attorneys and representatives of the Buffalo legal system, the well-attended conference succeeded in providing its audience with a realistic understanding of the peculiar, yet pervasive, problems of gay individuals in the legal system and how best to litigate and legislate in their interests. The five main areas which were covered separately in the panel discussions throughout the day included legislation and litigation potential, employment discrimination, student-civil rights, familyproperty law, and criminal law. Each panel consisted of representatives of the practicing legal world, the academic legal sphere, and the gay movement. Included among the gay activists were the nationally known Franklin Kameny and Bruce Voeller of the National Gay Task Force, William Thorn of the Lambda Defense Fund, and Nath Rockhill of the New York State Coalition of Gay Organizations. Also participating were law professors Jacob Hyman, Howard Mann, Louis Swartz and Dannye Holley as well as Buffalo attorneys Barbara Handschu and William Gardner and Syracuse attorney Bonnie Strunk. The Criminal Law panel also featured Buffalo City Court Justice Alois Mazur and Captain Kenneth P. Kennedy of the Vice Squad. The student organizers of the conference, Shelley Taylor Con- vissar, Eileen Katz and Sue Silber, hoped that the conference would supplement the law school cur- in this area. The educationof the law student population was of primary importance in their planning since today's lawyers are confronted in many areas of the law with the specific legal problems of our substantial gay population. Estimated at 14 to 20 million in the country, the gay community is clearly a large one. In the criminal law field alone, states which criminalize consensual sodomy between adults, as does New York State, thereby place in legal jeopardy the entire gay population in that jurisdiction,. Realizing that the number of gays in New York alone has been estimated at 2 million and the severity of the sanctions for this "crime" range from three months to life imprisonment across the country, the involvement of legal advisors is extremely important and, therefore, should be informed. Despite the American Psychiatric Association's removal of homosexuality from their list of mental disorders, the legal system still reflects the unenlightened view that gay people may be treated differently from their heterosexual counterparts in the law. As conference participants pointed out, however, it is not only the legal system in its statutory confines but the prejudices of judges in many cases which color the legal treatment of gays. In an attempt to understand the social and political forces operating against the homosexual in. most areas of the law, the conference began by examining the potential of the litigative and legislative approaches to legal reform riculum for gay advancement. It was disclosed that several test cases are now being litigated which should confront many laws, but legislative efforts are also being made, in this state among others, to pass a bill of rights for gays. In the area of employment discrimination, the conference panelists were somewhat optimistic about the potential for legal protection of gay people fired or not hired solely on the basis of their sexual orientation. Although the audience was cautioned that such reform would not occur until gay people in all the occupations identified themselves as such, other speakers offered more legally relevant solutions. Pointing to the increased sensitivity of the U.S.Supreme Court to theright of privacy and personal rights, Mr. Hyman expressed hope that the situation could be litigated. Although he agreed that the litigative approach is underestimated and should be tested, Dr. Kameny thought the legislative tack might be more productive for the gay movement since it could encompass the legal welfare of more than the one litigating plaintiff in an employment action. Although no Supreme Court decision has as yet vindicated the rights of gays to unhampered employment opportunities, the upcoming court agenda should afford them the chance. The family-property law panel was less optimistic yet just as informative. Cautioning that the legal system cannot deal with all of the types of harassment which gay people endure, attorney William Gardner discussed the "custom barrier" which the legal system reflects in gay marriage and child custody suits. Adding to his assessment, Barbara Handschu described the situation of two of -continued onpage 4 �May 14,1974 Opinion 2 "Teat Suckling, Editor Biting" To the Editor, Editorials It's getting hard to concentrate To the editor: on the basic purpose of regal education: learning how to make The report issued by the highly money. At the risk of biting the editor respected and nonpartisan staff of joint Committee on Internal even the hope gets it that feeds me, I Revenue Taxationof the Congress worse. John Stuart has disclosed that President Nixon owes $444,022 in back taxes plus level of interest for the years 1969-1972. With this Editor's note: debate, John, it certainly will. But This has alarmed and shocked the for those readers who prefer a nation. The President's tax probmore intelligent exposition of the lems have severely damaged his ability to remain in office. issues involved in defining the proThis report on Mr. Nixon's taxfessional program, Opinion has printed what we hope is the first es also found instances of iminstallment of an open discussion proper conduct that had not been of those issues on page 3, brought to public attention "Whither the Professional Pro- before. The prestigious committee gram?" revealed that a number of Federal expenditures during Mr. Nixon's first term had benefitted him perVolume 14, Number 13 sonally and should have been taxed as personal income. Among these illegal expendiEditor-in-Chief: Ray Bowie tures were $92,298 in public Managing Editor: Shelley TaylorConvissar funds used to improve Nixon's private estates and $5,391 in FedBusiness ManagenDennis Pasiak Photography Editor: Terry Centner eral funds used for a "masqued Alumni Editor: Earl S. Carrel Festures Editor: Kay Wigtil ball" given by his daughter Tricia. Cindy Lowney, Robin Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Article 11, Section 1, Paragraph A. Skinner. 7 of the Constitution of the United States is as follows: Opinion is published every other week, except for vacations, during the "The President shall, at stated academic year. It is the student newspaper of the State University of New times, receive for his services, a York at Buffalo School of Law, )ohn Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this Compensation, which shallneither paper are not necessarily those of the Editorial Board of staff of Opinion. be increased nor diminished durOpinion is a non-profit organization. Third Class postage entered at ing the Period for which he shall Buffalo, New York. have been elected, and he shall Editorial Policy is determined by the Editor-in-Chief. up Opinion is funded by SBA funds from Student Law Fees. not receive within thatPeriod any With the last issue of the academic year has come the opportunity to reflect, with some degree of detachment, upon the developments of the year now passing, the year in which the law school's dream of an adequate physical plant became'reality. To be sure, O'Brian Hall had its "bugs,"ranging from no heat to balky elevators, but by the time of the building's dedication this April, the early grumbling had given way to appreciation, or at least satisfaction, with a physical plant which was for once commensurate with the School's mission. Ironically, the removal of physical deficiencies as the perennial problem has had the effect of shifting attention to other problems which had previously paled beside facilities shortcomings, particularly problems relating to preceived academic deficiencies in the professional program. As might be expected, academic deficiencies were first felt by students, and various deficiencies have been protested this year by business, labor, environmental, and international law afficianados. The administration, while highly defensive about allegations of such deficiencies, has at least recognized areas" in the curriculum and made efforts, albeit of midlin success, at remedy. Faculty-student relationships seemed to prosper in the improved facilities, if for no other reason than that the relative isolation of North Campus virtually forced interaction. To the surprise of almost everyone, the faculty, faced with widespread student dissatisfaction, reversed itself on the addition of a Q+ tier to the grading system, implicitly 1read the last issue of the Opinion in its entirety, including "news stories," "editorials," "editorial notes," and "Briefs," I see the following general picture of the Law School as the view of Opinion's editor: Because of (1) encroachment on the "professional program" curriculum by "social justice" courses dealing with civil liberties, criminal procedure, consumerism, women's rights, law and social change, etc; and (2) constant distractions by "radicals," including speakers, posters, and appearances at SBA meetings (not to mention more exotic activities like "cowslaughtering" and "teatAs Silver Clouds, Dark Linings suckling"); o^oll -continued onpage 7 UB InternationalLaw Society A ttends D. C. Conference conceding that it might have made a mistake in not working in closer consultation with students. Perhaps out of that confrontation, now amicably resolved, will come the mutual respect and reciprocal trust that ought ideally to characterize faculty-student relations. Much criticism, some well-founded and some utterly vacuous, has been directed at the administration this year, but though our administrators have certainly suffered their by Robin A. Skinner share of gaffs, one can only be appreciative at the accessibility of people from Provost Schwartz on down through the "U.S. realtions with Canada and Mexico" hierarchy. If accessibility is indeed the sine qua non of the topic of the 68th Annual Meeting of was the successful administration, then we ought to have confidence American Society of International Law held recently that the student voice, however critical at times, will be in Washington, D.C. Nine members of the heard in the offices where policy is made and implemented. International Law Society attended the three-day The year the Law School acquired its new facilities was, conference of symposia, panel discussions and due obviously to the availability of those facilities, the year workshops. Distinguished members of the bar from nations were in attendance, as experts from in which admissions were greatly expanded, resulting in over several the threecountries on the North Americancontinent 300 students entering the first-year class. The enlarged presented their views on relevant topics in student body encouraged hopes for a greater diversity of continental relations. student interests and the reinvigoration of student life at the The workshop on "Revising the Rules of War" Law School, but for some inexplicable reason, the end of the drew a particularly large audience. There the results year has brought observations that the old bete noir of of the February-March 1974 Diplomatic Conference student life, apathy, has only kept pace with or even were discussed as was the upcoming continuation of exceeded the expansion in numbers. the conference in the fall. The focal points included Worse even than the apathy, however, is the unfortun- expansion of the GenevaConference to improve its ate rancor which has polarized those students who have been operation in periods of war and expansion of active in extracurricular activities this year, a rancor and protection of civilians in time of war. An polarization attributable to the insistence of a relative few amendment to Article I of that Conference was that ideology be injected into student activities previously of discussed which would include, as international a professional character. With the vast majority of students conflict, wars against alien occupation, colonial and racist regimes. Limitation of insulated in their apathy, the "ideologues" and the "pro- domination, weapons was also discussed light of Swedish fessionals" seem indeed to be squaring off against one proposals that would ban the inuse of indiscriminate another at all levels, with the inevitable result that the or tortuous methods of warfare. A special committee of experts from several governments will be held in banners of professionalism have been left in sorry tatters. There are, of course, other problems on the horizon, June under the sponsorship of the International Red among them placement difficulties and faculty appoint- Cross to further analyze such weapons and to make ments, but if this School is to succeed in its high aspirations, recommendations to the full conference in the fall. Of special interest in this age of multinational the more immediate problem is the troubling issue of "professionalism," as it includes within its scope the very corporations was the panel "Should Investment Capital Stay Home?" In the Canadian-U.S. dialogue, definition of professional education, the image of the it was revealed that most Canadians favor at least professional student, and even the destiny of the legal partial restrictions on the U.S. investment of capital profession. in their country. The Foreign Investment Review It is not too much to suggest that, unless this persistent Act recently passed in Canada sets up some internal problem is given attention, all the achievements of the past control over new investments by corporations in Canada. Senator Vance Hartke (D-lndiana) outlined year might welt have ultimately been for naught. .... Nixon Tax Called Fraud his proposal that U.S. capital should stay at home, not only for the benefit of the other nations, but also as a boost to our own sagging economy as well. His suggestions included the passage of an effective Foreign Investment Control Act by Congress (a bill which he has twice presented to the Senate), the establishment of a North American Common Market, and drastic changes in U.S. tax laws which give credits for capital gains made in foreign countries. William Tetley of Quebec outlined a set of nine conditions which foreign nations ought to meet before being allowed to invest in Canada. The conditions are designed to integrate the investments of foreign nations into the local economy. Andreas Lowenfeld of the New York University Law School spoke in defense of foreign investments claiming that the present age is extremely nationalistic and that only big businesshas a genuine "world interest." Rehabilitation of the continental neighborhood was the subject of two panels, the first on pollution controls, and the second on drug controls. These were areas where it was felt that continental legislation might be especially effective. On the subject of pollution, it was noted that preventive as well as rehabilitative legislation was needed. It was proposed that the basic guidelines be international, and within that, framework there should be regional controls since ecological regions often cross national boundaries without encompassing all of any one nation. In the area of drug control, it was contended by Mexico that its real problem was not with drug usage, but with growth for export. The Canadian representative noted the time lag between the eruption of a drug problem in the U.S. and the development of a problem of like proportions in Canada, the basic problem being of a similar nature. The Canadian Commission on Drug Control has recommended that there be no offense for simple -continued on page 4 �May 14,1974 Opinion 3 Whither the Professional Program? by John Henry Schlegel I was unhappy to read your recent (April 30, 1974) editorial on reordering of priorities at the Law School, not because I do not believe that such a reordering is necessary, but rather because your comments reflect what are to me, at least, troublesome assumptions about what priorities are now and what priorities ought to be in the future. First, with respect to actual priorities, the suggestion that, as a result of a decisionof the faculty, "a lion's share of new money and manpower resources" is being committed to projects "related to the social sciences, law reform efforts and ideological fashion" is almost incredible. The only social science that may be thriving at the Law School in terms of money and manpower is sociology. Economics is hardly all pervasive; indeed it is almost invisible. Anthropology is invisible, as is political science, while psychology is non-existent. Cleoreceives her due with one course from R.W. Gordon and one from Janet Harring. So much for the social sciences. As for law reform efforts, a look at the two entire columns of courses that make up the tentative course schedulefor 74-75 turns up no real targets other than correction litigation. Indeed, two currently offered, potential targets for your fire-women's rights and social legislation-are not even on the 74-75 list. That leaves ideological fashion-a code word for criminal law related courses, I assume. Concentration, as limited as it is, on such courses is, I suggest, not evidence of faculty priorities as much as evidence of the coincidence of communicated student interest and available supplementary funds. For evidence of student i nterest, I suggest that you consider the relatively astonishing scenario of an interested student seeking out John Henry Schlegel as a possible instructor for a course in post-conviction litigation; that is surely beating thebushes. For evidence of the availability of funds for clinical and criminal programs and virtually none other from government agencies and private foundationsI suggest that a few hours be spent trying to discover money for say, tax planning courses, in either of the holy "grant" books. So much for the roar of the lion. Second, with respect to future priorities, the prediction that we are in for more of the same, while, as a result of "deliberate neglect," "more traditional, yet utilitarian, courses have been left to wither on the vine," is, though not incredible, equally misleading. However, I am not particularly interested in challenging the accuracy of your prediction, although, as one of those commercial law types, I am interested in seeing that it does not come true. Rather, I wish to suggest that the assumptions underlying the prediction are particularly bothersome to me. I detect tn your words the lament that the traditional bar review courses are dying. What puzzles me is why you anyone or else cares. With the "recent" increase in the quality of the student body, I doubt that there are more than a few studentsleft at Buffalo whoneed do more than give serious attention to a bar review course in order to pass the bar exam. If I am correct, (and even if I am not, I wonder whether Buffalo should be permitting any student to graduate who needs three years of preparation in order to pass the bar exam) then why the interest in these "dying grape" courses? Initially, two possibilities come to mind. Perhaps interest is a function of sheer fascination; evidence and future interests are for the vast majority of body, the most exciting conceivable courses in student the the curriculum. To simply state the assumption is, I suggest, to invite shavian laughter, for the "dying grapes" are in fact the core of the traditional law school curriculum, historically much maligned by students because it was so boring. The move away from this core of courses was made in response to student complaints about how terrible the second and third years of law school were. If the more" esoteric" courses do not satisfy complaints, and the "dying grapes" caused them, in what direction should a faculty go? Up! On the other hand it may be that the "dying grapes" are somehow thought to be relevant to the career goals of the "students voicing legitimate concern" over the imminent death of these courses. One might, however, question the plausibility of this suggestion. I venture to say that no more than one in one hundred graduates will see a real sales problem; such problems effectively do not exist. And who other than lawyers engaging in jury trials, a miniscule fraction of the bar, will ever need to know the rules of evidence? No, I find it difficult to believe that career goals are the root of student concern whenless than one hundred students, indeed, I suspect, less than . -continued on page 6 The Reply... Comment... People's Progress by Ray Bowie Open debate relative to the School's academic priorities has indeed been long overdue, and though it is unfortunate that the debate has blossomed so late in the Opinion welcomes the contribution of Mr. Schlegel hopes that the exchange of issues will spur this issue and in the participation of other faculty and students in an by Shelley Taylor Convissar year, ongoing dialogue next year. Mr. Schlegel notes, for starters, his incredulity at the suggestion that a disproportionate amount of manpower and material resources are being funnelled into areas "more related to the social sciences, law reform efforts, and ideological fashion," a suggestion advanced in an editorial last issue which draws its support from the Long-Range Planning Report on Legal Studies, the trend in recent faculty appointments, and the emerging configuration of course and clinical offerings. Indeed, the areas cited are hardly inherently objectionable, except perhaps for some of the more faddish offerings that bdast little substance,but given the current budget retrenchment and the concomitant failure of the faculty to secure needed appointments, the editorial took the position that such areas are essentially peripheral to the professional program and are generally ill-suited to benefit from the type of major diversion of faculty resources that would be required for the development of legal studies programs, of which the proposed criminal justice specialist clinic was offered as an example. Prof. Schlegel notes that concentration of resources in these peripheral eras is less evidence offaculty enthusiasm than of a "coincidence of communicated student interest and available supplementary funds." Both factors, while real enough, miss the editorial's point that the faculty, in their collective capacity, have a responsibility to insure a well-rounded professional program that might have to transcend communicated student interest and the lure of grant money where such create an imbalance in program offerings. Certainly, the student interest that is communicated to faculty is not an infallible index to the multitude of professional interests which characterize students here, for the phenomenon'is often known where twenty students imbued with great'enthusiasm can exert an influence all out of proportion to their numbers or the worth of the particular object of enthusiasm. As far as the temptation of government or private grants, the availability of such money is not necessarily a functionof the professional worth of the programs selected for funding, and a faculty which succumbs to grants and tailors its programs accordingly is indeed a faculty which has abdicated its responsibility of independent academic judgment. Mr. Schlegel interprets the editorial in question to be a lament that "the traditional bar review courses are dying," which it might well be if "traditional bar review courses" are equivalent to those course offerings which are professionally relevant to what the vast majority of practitioners do after admission to the bar. There is no attempt to suggest here that such courses are all or equally relevant to the faTrly diverse career goals of such a large number of students, but rather that, collectively, such courses do form a corpus of substantive material that the vast majority of attorneys run across now and again in practice, except perhaps if they teach at universities. It is conceivable that it is for this very reason that they became and still remain "the traditional bar review courses." Mr. Schlegel suggests, to the contrary, that many students are motivated to take "traditional courses" simply because they fear that such areas will be covered on ... Rejoinder -continued on page 6 "We have been prisoners of war all our lives," said Gladys Bissonette describing her Indian tribe before the Wounded Knee incident last year. On April 24, under the auspices of the Distinguished Visitors Forum, Ms. Bissonette explained the conditions of repression and corruption which eventually led her, among many others, to go to Wounded Knee and to defend their seige for 72 days as a symbolic rejection of the tribal government of Richard Wilson. Her voice rising and deepening with obvious emotion, Gladys Bissonette spoke eloquently about the struggles of the Indian people in general and her tribe in particular. Giving the law students present an otherwise unavailable insight into the workings of the legal system in this now infamous clash, Ms. Bissonette's message, however, went far beyond Wounded Knee or the Indian movement. In her description of her reservation under the "Wilson regime," it was clear that this woman had experienced the malfunction of our legal system of laws and due process. Listening to her explain how Wilson, as their tribal chairman, imposed a reign of terror upon his own people on the reservation through the use of his "goons" and by jailing any group of three people talking together, the audience began to comprehend what the absence of freedom can mean. Eventually, she explained, when Wilson brought 150 marshalls onto the reservation and prohibited all meetings among the Indians on the land, the people joined members of the American Indian Movement (AIM) and sought to redress their grievances through an impeachmenthearing. At the hearing, however, Wilson's sentence of suspension for twenty days was reduced by Wilson himself, to ten days. Since the debate by the counselmen was limited to -continued on page 5 Amerikan Injustice by TheNational Lawyers Guild This month, the National Lawyers Guild is turning its column over to a guest writer, Brother Akil (Herbie Scott Deane), one of the indicted Attica Brothers. The following letter was received from Akil earlier thismonth. Dear Students of Law at the University of Buffalo: Having read the Buffalo Courier-Express of April 22, 1974, I found entitled "Gov. Wilson's Presence at Dedication Assailed," which was a letter to the editor of said newspaper pertaining to Gov. Wilson's position, Former Governor Rockefeller's (Rocky), and the Attica trials. It thereforebecomes incumbent upon me to write to you letting you know that your laudable endeavor is recognized and appreciated by the Supported. Of the many slogans you will hear anon about Attica is that Attica is All of Us! How true! So when you who are future lawyers of the land express your views on such an issue as ours, it bears watching. Oftentimes it has been said that the judicial system in America is against the black, brown, red, yellow, poor whites,and the vocal/radical whites. Thisis an uncontested statement. As you mentioned in your letter, the Governorhas to allocate enormous amounts of money for the I agree that it may be a bit late to begin a debate seen fit about academic priorities. However, lest our discussion seem like ships passing in the night, I suggest the following. Our bone of contention is surely over the question: What is peripheral to a program of professional study in law? That question may also be stated as its converse: What is central—in your words "professionallyrelevant"-to such a program? I have questioned the centrality of the courses most students consider to be "professionally relevant." I am not satisfied with your reply on this point for reasons that could be developed at length from suggestions about the institutional strengths of a law school that t made in my final paragraph. Shall we save that debate for Fall? , John Henry Schlegel Agreed. Faculty and student contributions on this issue invited. t R.J.B. (Attica) Prosecutor's staff, for the furtherance of prosecutorial and investigatory activities, which have yet produced one single indictment against any state employees or officials. This makes our argument that there is selective enforcementof thelaw tenable legally and politically. The newspapers for the last three days have been substantiating the claim, predicated upon an allegedarticle Newsday newspaper of Long Island. the in Yesterday, April 24, 1974, judge Ball officially empaneled the second or new grand jury, discarding the various motions of opposition submitted by the ABLD (Attica Brothers Legal Defense). We deem such disregard as violative of our Human Rights, which supercedes Criminal Law and Constitutional Law. -continued on page 5 �May 14,1974 Opinion 4 SBA Delves Into 1974-75 Budget 1 Of the budgets themselves, the most noticeable change next year the centralization of services in SBAitselfand major over this was increases in funding for such services, with the result that next year's SBA operations budget comprises 51% of the total money available to SBA as compared to 38% this year. Of the lines within the SBA operations budget, practically all received increases over last year, the only exceptionbeing Graduation which was cut from $500 this year to $400 next. Orientation, on the other hand, was boosted from $400 this year to $1400 next September, $350 going to present the movie Paper Chase and another $400 for each SBA organization to offer its own orientationactivities. An item causing some debate before finally beingrejected was a Budget committee recommendation for stipends, for which $1,400 would have been provided for the SBA President, Treasurer, and Opinion editor. Only one vote was recorded in favor of the stipends, indicating actual defections form the Budget Committee's ranks and continuing SBA reluctance to provide any stipend assistance for students. Another item, for which $1,000 was approved, that could generate controversy was Sub-Board's request for 1/3 of SBA's money order to provide University-wide services and activities open to law in students. The Budget Committee's feeling that $1,000 was the maximum SBA could afford was, however, sustained by the directors. In other lines, not yet considered by the directors as Opinion went to press, the Budget Committeehas recommended $1012 for the SBA Athletic Committee, up from $600 this year, which increase would provide an extra $500 so that individual law students could use gym facilities free of charge. Social Committee, having received $2,000 this year, was recommended for $3,475 next year, permitting 2 large parties, 1 picnic, 3 happy hours, 3 wine and cheese parties, "community events transportation,"and money for the separate social functionsof SBA organizations. Most SBA organization budgets reflect either cuts or "zero growth" relative to their allocations this year, with Opinion fundedfor oriiy 11 issues next year instead of 14, BALSA cut from $1800 this year to $1,155 next year, Law Women from $710 to $538, Environmental Law Society from $475 to $285, PRLSA from $700 to $220, and PAD from $910 to $0. Other organizations received increases, most particularly Distinguished Visitors Forum, which was recommended for $3,540 next year.as compared to $2500 this year. Several new organizations received budget recommendations for the first time, among them Buffalo Legislation Project ($290) and Gay Law Students ($35). The Opinion Newsletter will endeavor to present reports on SBA budget developmentsas they occur. -continued from page -centner Gay Status Conference Members: (I to r) William Thorn, Lambda Defense Fund; Sue Silber; Don President, Buffalo Mattachine Society; Dr. Kameny, National Gay Task Force; Nath Rockhill, NYS of Gay Organizations; lame Zais. -continued from ptufa 1 her present clients who, as lesbians, are forced to fight their exhusbands for the support of their respective children. From the naturally conservative viewpoint of most male judges, she added, the custody of children to gay people (even their own parents) is frightening. -continued from page 2 Attends D.C. Conference maintenance program be established comparable to the one presently in operation in Great Britain. Former Attorney General Richard Kleindienst, who was the spokesman for the U.S., stressed the need for world-wide cooperation in the control of the flow of drugs. One nation acting alone cannot be successful, therefore other nations must be convinced that the growth of the drug problem anywhere will eventually hurt them also. Ira Glasser from the New York Civil Liberties Union pointed out the paradox of current drug laws which claim to help solve the problem while in reality they are making the situation worse. Enforcemertt of present laws causes a scarcity of heroin on the market. To make the available supply go further, other substances are cut in. He blames the so-catted "overdose" deaths on these other substances rather than on the heroin itself. He recommended a pure drug control system instead of the complete outlaw of drugs. The problem, as raised by the commentator to the panel, was whether drugs could be legalized in view of the 1961 International Coalition Conference Studies Gay Status US Internat'l Law Society possession of cannabis and "speed" and that a heroin Michaels, international student competition based on a current issue of international law. On Saturday, the Society presented the final round of the Jessup competition. Participants in the round were the University of Texas, representing the Uni ted States, and Haile Selassie School, representing Ethiopia. The University of Texas won the competition by one point, based on the combined written brief and oral arguments presented. This year's question concerned the rights of a coastal nation to extend its soverignity over subsurface deposits on the ocean floor beyond traditional boundary limits. Arguments raised within the subject of soverignity included the perennial controversy over rights of "developed" and "developing" nations, world ownership of the ocean and its resources versus national ownership, and the validity of certain international treaties and resolutions. Representing SUNY/Buffalo Law School in this year's regional competition were Joe Burden, Mike Dunlavey and Pat Guara. The team won second Congress on Drugs. place. The annual meeting of the Association of The panel on "The Rights of Indigenous Peoples" was chaired by Professor Louis B. Sohn of Student International Law Societies was also held, at Harvard Law School and co-author with Professor which a geographically distributed executive board Thomas Buergenthal of the book, International for the coming year was elected: President, Don Protection of Human Rights. Co-sponsored by the Pressley, Georgetown; Vice-President, Jack Vayda, U.S. Institute of Human Rights, this panel dealt with Albany; Secretary, Kip Klien, Georgia; treasurer, the rights of the Indian population in the three Tom Brill, University of Kansas. Speakers at theannual dinner at the close of the nations. As noted by Drew Kerschen of the University of Oklahoma School of Law, being a conference were Manfred Lachs, President of the member of a race is a cultural matter, not one of International court of Justice, and Hans J. blood quantum, and hence a change in national Morgenthau of City University of New York. Peter attitude is necessary. The rights sought by these Thomas, a 1973 graduate of the SUNY at Buffalo indigenous populations are not rights for an Law School, was the reporter for the opening individual, but rather rights for an entire culture, the symposium on "The Perils of Proximity." SUNY at groupof persons taken collectively. Buffalo students in attendance were lan DeWaal, An annual highlight of the American Society of Steve Levine, Joe Murphy, Robin Skinner, Jay International Law meeting is the Philip C. Jessup Solomon, Howie Sporn, Pearl Tom, Ken Wasch, and International Law Moot Court Competition, an Margaret Wong. Syracuse attorney Bonnie Strunk explained that the court in a case she handled recently for a lesbian mother ruled that the child must be removed from her custody because a psychiatrist found, in examining the child, that there was a possibility of future behavior problems although none exist to date. Although she is appealing the decision, Ms. Strunk pointed out that the expert testimony needed to prove the fitness of the mother as a healthy force in the child's life is an expensive proposition and very clearly prohibitive for many people. The criminal law panel, which of all the panels took the most time, was by far the most explosive. Since the audience was made up mostly of members of the gay community, from Buffalo as well as Syracuse, Ithaca and Rochester, the response to the Captain of the Vice Squad, who openly admits his enforcement (bordering on entrapment) of the consensual sodomy laws and the loitering laws against gays, was predictable. Although he stated emphatically that "our only interest is to protect the public," the amount of harassment and closing of gay bars in Buffalo tends to substantiate the statements made by Don Micheals, President of the Buffalo Mattachine Society, that the laws are selectively enforced against gays. In discussing the consensual sodomy laws, Justice Mazur stated that one of the other City Court Judges has ruled the New York penal provision unconstitutional because it defines an act in relation to the status of the parties. Judge Mazur, in stating that he agreed with that assessment of its constitutionality, refused, however, to say clearly whether the City Court would be the ideal place to challenge the law. Speaking of the other criticized provisions, the loitering statutes, the judge said that if a law has a po- tential for abuse, as many say these loitering statutes do, then they should be removed from the penal code. Bruce Voeller, as Executive Director of the National Gay Task Force, condemned the solicitation and sodomy laws. In his statement, he maintained types of haK rassment which gay people endure, attorney William Gerdner Further, he stated, if the solicitation laws were invalidated or takenoff thebooks, the consensual sodomy laws wouldalso fall. It was disclosed by Mr. Voeller that there is presently a test case being constructed in Virginia to test the constitutionality of such laws. Dr. Kameny described his plan for litigating the sodomy laws. Since, as Voeller explained, the sodomy laws are dependant upon the solicitation of most male judges, she added, the custody of children to gay people letters to the police commissioner and other high ranking officials in Washington, D.C. Dr. Kameny has already invited them to join him in some deviant sexual activity. Although that has not yet yielded the desired response (i.e., arrest), Dr. Kameny stated that he intends to make his solicitations more inviting and then try to get immediate Supreme Court review of the laws after soliciting the twelve federal court justices in the Washington, D.C. area. With their automatic disqualification (as parties to ths suit), Dr. Kameny even suggested that he might solicit the conservative arm of the Supreme Court so that only the remaining justices wouldbe free to rule on the constitutionality of the challenged solicitation laws. Although clearly intended as a bit of comic relief, the audience was extremely receptive to that suggestion. The conference, which was endorsed by the SBA, was funded "by the Mitchell Lecture Series, Distinguished Speaker's Forum and the Law Student Division of the American Bar Association. " �May 14, 1974 Opinion 5 Law Prof. Survivor of War Disaster by Gary Muldoon November, 1943, is hardly a well-known date in American history. For most people, it was just another day in one of the months when the Allies were turning the tide in theiradvance on Germany during World War 11. But, for a Buffalo Law School professor, among others, the date is of great importance, for it was the day on which the second largest naval disaster in American history occurred. He was one of the survivors. Aaron Weinstein, who teaches Trial Technique at the Law School, was on His Majesty's Transport Rohna in November 1943. Originally a commercial passenger vessel, the Rohna was loaned to the British Navy to haul troops during World War 11. On November 23, the Rohna left Oran, Algeriaas part of a thirteen-ship convoy headed for India via the Suez Canal. Aboard the Rohna were 2,183 men: 1,981 G.l.s, 7 Red Cross workers, and a 195-man crew, members of the British Navy. Weinstein was one of the Red Cross workers. On the afternoon of the 26th, the convoy was attacked by German airplanes. The ships, aided by British Spitfires, fought off waves of Heinkel, Focke-Wolf, and Dornier planes. Both sides lost aircraft, but no German bombs hit the convoy. After less than an hour, the planes withdrew. Another wave of planes attacked, but they too were fought off. About 4:30 p.m., two more planes were spotted a few miles away from the convoy. One of them was a Heinkel 177 bomber, carrying a glider bomb. With a burst of flame, the bomb roared from its launching pad under the bomber. No one aboard the Rohna knew exactly what it was. The ship's captain described it as "something with flames coming out astern." An army officer thought it was a plane on fire. Thebomb continued on its controlleddive. For a while it looked like it would miss, but someone aboard the Heinkel made a correction on the radio-controlled bomb and adjusted its flight path. The bomb hit the Rohna almost amidships, near the waterline. The devastating explosion it caused inflicted a mortal wound on the ship. Weinstein was in one of the ship's corridors when the The 26th of bomb hit. The blast sent him spinning."lt was like falling down, down, into a bottomless pit." "I was too surprised to know whether I was hurt. I just began fumbling through the darknessand wreckage for the stairs. Darkness, it was everywhere. Because there was no power, there were no lights. It was like a tomb." The ship took 90 minutes to sink. With her went 1002 soldiers, 3 Red Cross workers, and 120 of the ship's crew. It was America's second greatest naval loss of World War 11. The worst loss, of course, was at Pearl Harbor, where TlO4were killed when the U.S.S. Arizonasank. Only eight of the Rohna's twenty-two lifeboats were launched, and some of these capsized or sank when they hit the water. Weinstein was not in one of the boats, but was alone in the oily water, supported by the life preserver and the memory of his wife and child. An oar floated to him and he grabbed on. Soon he heard other men's voices in the darkness. Three escort ships from the convoy went to pick up survivors, but they were hampered by rough water and darkness. Three men on a raft came alongside an American minesweeper to be picked up but were sucked under the ship and mangled by the propellers. After hours in the water, Weinstein was picked up. An amber light struck his eyes, and a voice called out to him, "Grab the life preserver."He reached for it and put his right arm through, but he couldn't unclasp his left arm from the oar. Finally, somebody grabbed him by the hair and pulled him aboard. The sinking of the Rohna accounted for almost one-third of the American troopship losses suffered by the United States in the European theatre. Yet its story has been kept quiet, not just during the war, when security was tight, but also since the war's end. The day after the sinking of the Rohna, U.S. newspapers reported the following: ALGIERS, Nov. 27 (UPI)-The Germans used their most formidable bombers—giant Focke-Wolf Kuriers and Heinkel 177s—in a heavy attack on an Allied Mediterranean convoy yesterday, but first reports showed today that damage had been negligible and the enemy had lost nine planes. Amerikan Injustice --continued from page 3 What we should concern ourselves with regarding the Delaware Avenue, Buffalo, N.Y. 14202, at Part 111 of the Attorney General's wish on this empanelment of the new Supreme Court, and copies to Governor Malcolm Wilson's grand jury, as opposed to the continuationof the one that office and to the UnitedNations. has sat for two and one half years is: Why did he allow the old grand jurors to sit so long with so many stated contradictions? What task can the grand jury undertake that the old one could not? How new long will this one sit? Will therebe more indictments? Will they be against prisoners or will they be against state employees and officials? If they are against state officials and employees, will the charges be substantive? You asked a very cogent and pertinent question when you asked, "How can truth and justice emerge from this gross abuse of the adversary process?" I/we also believe that the indictments against us (Attica Indictees) must be dropped and that the real criminals must be brought to justice. You can efficaciously deal with such aims by gathering massive student drives of petition campaigns to be sent to Judge Ball at the Supreme Court of Erie, 25 Turn of the Screw f suggest that you contact the defense committee to get the film Attica by CindaFirestone, show it to as many classes as possible, and educate ihe campus community ' about the significance of the Attica cases and their relatedness to student's struggle, and above all the over-all struggle for independence and national liberation in Africa, Asia, Latin America, and self-determination domestically for the Native Americans, Blacks, Latinos, Women, Workers, etc. The adaptation of the above will help further the concept that Attica is All of Us. Thank you for taking the time to read this letter. Thanks for your past, present, and your upcoming levels of support. I made an additional call by lan DeWaal to the Regents Scholarship Bureau to inThe best way to end any year quire about changes in the State University Scholarship program. and far as is with good news as financial aid is concerned that's There apparently will be none. conwhat I have. On May 8 I called the The SUS Program will also year. office of Assemblyman Peter j. tinue unchanged for next Costigan who was one of the This means that if you receive a sponsors of the move to revamp the Scholar Incentive program in order to provide more aid to students at private universities. I spoke to Mr. Bennett, who is the Executive Director of the Assembly SelectCommitteeon Higher Education (of which Mr. Costigan is chairman). The Scholar Incentive program will not be changed for graduate students next year, according to Mr. Bennett. The only change in the program will be one that solely affects students who will be entering their freshman year on the undergraduate level. maximum Scholar Incentive award, thebalance of your tuition will be covered by a SUS. Applications for Scholar Incentive will be available in June. If you don't receive one in the mail, write to the Scholar Incentive Bureau, 99 Washington Street, Albany, New York. If you aregoing to summer school, you will use this application to also apply for summer scholar incentive assistance. However, you will have to advance summer tuition and get it refunded when the school receives a check in the fall semester. A kit (Herbie Scott Deane) An A ttica Indictee forall Attica Indictees All students on work study tor the summer who have not yet seen me about a job should do so immediately. The summer grant begins on June 17 and runs out when you exhaust your award,or when the fall term begins, whichever is first. Those students who had work study this spring semester can continue working up until June 30 or until their funds run out, whichever comes first. If you are going to apply for a New York Higher Education Assi stance Corporation Loan for next fall, please submit your application to the Registrar's office by June 15. This is not a deadline but rather a date which will hopefully assure you of having the check available when school starts in the fall. Have a nice summer! Gladys Bissonette -centner People's Progress -continuedfrom page 3 three minutes and Wilson was able to speak unlimited in rebuttal, the tribal representatives finally walked out of the meeting followed by their people. It was this impeachment hearing, on February 22, which finally moved the Indian people into action. Within hour and a half, 800 Indians had signed up in support an of the Civil Rights Organization, according to Bissonette, and their convictions were joined. During the next week, there were constant meetings at the Pine Ridge Reservation to discuss what should be done next to voice their dissent. Finally, it was decided that Wounded Knee would be the meeting place, as Ms. Bissonette put it, "to make our stand." The rest, as they say, is history. What was unfortunately left out of the accounts of Wounded Knee, however, was the Indian's point of view. According!-1-to Gladys Bissonette, who lived for 72 days in that seige, the people wanted to make their statement to their own tribal leadership. The U.S. Government was neither needed nor helpful in that situation and only served to impede their plan of negotiation. Without some actionon their part,JMs. Bissonette cautioned, the Indians were helpless to combat the obvious corrupt influence of Wilson and his alliance with the Bureau of Indian Affairs. In Gladys Bissonette's words, "there was no law, there was no justice on the reservation." Lamenting the present condition of the reservations, coupled with the immense problem of providing legal defenses to the 130 defendants in the Wounded Knee cases, Ms. Bissonette's statement that "these are sad times" was vitally clear. But refusing to speak only of the Indian movement, Ms. Bissonette reminded her audience that the problem does not exist for the Indian alone, but pervades the treatment of all minorities. The law, and the media, must respond to these needs, she said, and would only do so if people stood up for theirrights. Gladys Bissonette is a brave woman. One can only hope that her .strength and understanding are reflected in the work we will do as practitioners in the law. Further, one hopes that the Distinguished Visitors Forum continues to provide such moving and insightful speakers for thelaw school population to teach us what the media and law school will not. - Law Wives Close Year The Student Law Wives Association was asked to participate as jurors in the mock trials for the Trial Technique course, held on Saturday, May 4, in the County and City Courts downtown. Those who were able to attend found it an interesting and rewarding experience, and their presence was greatly appreciated by the students in the course. Law Wives have tried in the past to make themselves useful to the School and community. They will, in the future, be available upon request for any School or community functions where their talents might be needed. Law Wives held elections for next year's officers on Thursday evening, May 2, at the home of Professor David and Mrs. Sunny Kochery. The new officers are: Nancy Kitchen, President; Lois Weinstein, Vice-presidnet; Sue Moran and Cathy Donnelly, Corresponding and Recording Secretaries; and Karen Sullivan, Treasurer. Installation ceremonies will be held on Thursday, May 16, at thehome of Betty Reynolds. The Chicken Bar-B-Q.ue/Family Picnic will be held on Sunday, June 2, at the Greiner's home, 289 Countryside Lane, in Williamsville. Activities will include swimming, tetherball, ping-pong, badminton, and a watermelon-eating contest for children. Law Wives continue to invite all student and faculty couples to contact Nancy Kitchen at 741-2594 or Karen Sullivan at 896-1394, for more information and reservations. The cost is $1.00 per couple or $1.50 per family. �May 14,1974 Opinion 6 Comment... In sum, the editorial critiqued by Mr. Schlegel scarcely advocated a reordering of priorities based upon "bar exam fear," but rather urged the type of reordering resulting from a study of actual career orientationsamong students, -continued from page 3 the bar exam, rather than because they realize that such matching such orientations with courses of demonstrated areas are covered on the bar exam only because of their professional relevance, all the while safeguarding a fully wide professional relevance. Undoubtedly, the bar exam is balanced program commensurate with the diversity of an incentive to many, even as Dr. Johnson noted the career interests. gallows was to a condemned man's recollection, but the Spring and Summer Schedule: mere existence of that incentive hardly discredits the value Law Bookstore Hours As Mr. of such courses or their professional relevance. May 21 Tues. Closed Schlegel observes, it may be well nigh impossible to May 22-24 Wed.-Fri. OPEN separate out various students' motivations, but as he May 27 Mon. Closed admits, students do continue to demand such "traditional" courses, and these students should no more be disparaged May 28-30 Tues.-Thurs. OPEN May 31 than students whose interests lie in less traditional areas. Closed Fri. OPEN It is also true, as Prof. Schlegel states, that students Mon. June 3 the traditional do the halls Closed not roam interested in areas Tues. June 4 proselytizing for their cause, seeking the conversion of Wed. OPEN JuneS faculty or the damnation of those whose priorities lie Closed until Fri. June 14 elsewhere. Many indeed suffer in silence, making outcry OPEN June 14 Mon.-Fri. only when accorded no electives whatsoever, as was the OPEN June 17-21 Mon.-Fri. case with labor law earlier this semester. Such students might not be as adept as others in actually communicating their sincere interest to the faculty, but then again, students ought not to have to mount public relations campaigns to insure that the faculty maintain a well-rounded program, which is ultimately the latter's Reply... -continued from page 3 twenty-five, wish to study negotiation, or when a course emphasizing such basic practice skills as drafting and counseling evokes little more than a yawn from the assembled multitudes. I do not wish to suggest by means of these two little logical connundrums that students should "bug off". Quite the contrary. Any student concerned about the quality and content of his legal education is more than just welcome at my door; he is an honored guest. What I do mean to suggest is that I question therational basis for the complaints voiced in your editorial. How real is the interest in the "dying grapes"? I have not noticed students dogging the halls asking Haywood Burns whether he might consider teaching agency and partnership or land transactions. I have not noticed students excitedly debating trusts and estates problems. I have noticed students looking for courses in, and talking excitedly about, criminal matters. They are an admittedly small percentage of the student body, but they are excited by, and interested in, their legal education.Other than the tax mavens (and perhaps a devoted group of environmentalists/urban planners) about whom else in the law school can that be said? In the light of theavailableevidenceI thus find it hard to believe that there is a groundswell of interest in the responsibility. "dying grapes" in the curriculum. These courses are taken not as a result of student interest but as a result of fear of the bar exam and that shadow of fear, the face-saving rationalization that, among the available onerous alternatives, each of the "dying grapes" seems as if it ought to be relevant to career goals. I do not deny the existence of fear of the bar exam, but I do find it hard to believe that the performance of most of our present students on by Carl S. Heringer and Robert W. VanEvery that exam will be more than marginally affected (probably negatively) by almost any course taken or not taken during Basically, the non-availability of building materials, his last two years. I do not deny that the ostensible subject The ALI-ABA Committee on Continuing Legal the stricter environmental controls, and the resulting lack matter of some courses given at Buffalo, as well as Education sponsored this symposium to which the UB numerous ones not given, or worse, poorly attended Environmental Law Society, in cooperation with Ms. of monies, has led to contract provisions for performance (because they are much more work than simply sitting and Hollander and the SB A, sent two representatives: now limited by law or judicial decision. Various delays or listening?) may seem as if they ought to be relevant to ! second-year student and president Robert W. VanEvery failures to perform can no longer be viewed as outright career goals, but I do find it hard to believe that law i and first-year student Carl S. Heringer. Held in the defaults, and some compensation must be made for such students who are no longer green behind the ears, if they three-quarter century old House of the Association of the procedural changes. As can readily be seen, this will bring ever were, honestly wish to occupy their time sitting in a Bar, the lecture series was attended by some fifty about second thoughts as to the suburban expansion of class ferretting out doctrine they could master several practicing lawyers from as far as San Diego and Honolulu. department stores, factories and entertainment facilities. times faster and much less painfully from a continuing It was pointed out that, although both Real Estate law Many of the lawyers called for a lessening of controls education handbook. I do not even deny that the law and environmental concern were not novel, this field of during the crisis, but did not advocate discontinuing them. cope school must with the reality of student fear and its law is new and virtually unexplored. Five years ago the Total compliance with all existing controls was shadow rationalization, but to do so by investing program could not have been possible, as most of the facts recommended, although many of the speakers seemed to enormous resources in, for example, evidence, seems to me and cases presented had originated within the past year. be seeking ways to soften the impact of the environmental to be the equivalent of a psychiatrist attempting to.cure a The greatest emphasis in those lectures concerning controls upon their variousclients. patient's nightmares by filling that patient's closet with energy and the environment dealt with land use controls. live monsters. One lecture, dealing more with sociological aspects Included within this concept are basic limitations on land A few closing words are perhaps necessary lest those use, planning, zoning, and law enforcement. The ten rather than legal issues, concerned the relation of the readers who do not know me infer from the one-hour lectures (plus subsequent question and answer energy crisis to the increasing return to urban housing. The predominantly negative tone a panglossian view of where periods) spanned a large spectrum of ideas, suggestions and reversal of the trend of recent years to suburban living was we are, and where we are going. Improvement in legal plans. The study materials and lecture notes will be categorized as a "revolution" in U.S. housing. The education at Buffalo is surely necessary; one only need to available in theELS files for thosewho seek more than the dependence on automobiles, the lack of mass commuter walk the halls and see all the bored faces torecognize that. mere outlinewhich appears herein. transportation, the problems of exclusionary zoning, and Hopefully the impetus for change will come from law A general overview opened the proceedings, the spiraling private education and housing costs have led students. I for one would be more than a little pleased if a delineating the dispute between master planning and ad the "rural generation"-those raised in the suburbs-to group-of students consumed by an interest in the worldof hoc "mission-oriented" planning. The Federal government return to the cities. With city redevelopment, an ethnic business, in the way a definable group of students is favors the latter, which allows it to set ambient standards. turnabout is visible, with Black families now leaving the consumed by an interest in the world of crime, began State implementation plans would therefore be subject to city to follow "the American Dream" of suburban living as planning and agititating for a corporate/commercial Federal review. Legislation such as the Clean Air Act, sought by white families yearsbefore. concentration, or if a similar interest group arose to match Federal Water Pollution Control Act, and the Federal Solid Furthermore, greater stress is being placed on and advance an interest in state and local government on Waste Disposal Act control not so much by regulating user-owned housing, entailing the replacement of rental the part of a definable group of faculty. But at the same existing uses as by guiding the procedures by which a housing with condominiums, cooperatives, and time I suggest to students interested in change that the facility is initially constructed. By requiring periodic government-subsidized housing. Apartment life is no successful suggestions for effective improvement in legaL. Environmental Impact Statements, the government can longer being viewed as transitional. Such housing has a education are likely to be those that proceed from, and continuously police potential polluters.By demanding that high resale value, offers a close "community" of persons, utilize, institutional strengths. The institutional strength of state zoning laws and standards meet Federal approval and cheaper maintenance and control costs. At the same a law school lies in teaching method; the institutional before participating in the grants-in-aid program, the time, suburban areas are developing business districts, strength of the taperecorder lies in teaching rules. Any law government will eventually expand into direct control of zones for multi-family dwellings, and are developing many student who does not understand this fact should probably key areas of regional concern. Such areas include coastal of the socio-economic problems earlier evident in the cities. Also, one can see ecological advantages to this new not be loosed on the public, for, in my experience, the zones, mountains, tundras, deserts and estuaries. most pitiful and dangerous lawyer is one who when faced A second speaker elaborated upon the Clean Air Act trend. A lessening dependence on automobiles, individual with a problem remembers a rule learned in law schooland and some of its implications on real estate development. homes and such, lowers the polluting potential of the charges ahead. Half the time the rule is but a half truth, Basically it provides that states should account for population. when not simply incorrectly remembered, and the rest of transportation and land use controls to control both direct This article does not purport to adequately cover all the time has changed since learned. Concentration on and indirect sources of pollution. Direct sources include aspects of environmental-relatedreal estate problems. The method, in teaching thoseskillsand exploring those problems cars and industrial sites. These are relatively simple to conferenceitself had no such pretentions. However,several which can in fact be efficiently done within the real regulate. Indirect sources are those that are not themselves factors have become important and must be given notice. constraints of a School (devoted to the study) ofLaw, can, emissions sources, but attract them (i.e., shoppingcenters, Contrived or otherwise, the energy crisisremains with us, I think, best proceed with subject matter interesting forits stadiums, theater districts) and thereby affect air quality. with little sign of abating. A reorganization of our personal own sake to both the instructor and the student. Construction such as local roads and access highways, as of and national priorities has begun and must continue. The Instructor interest is in almost all cases a necessary January 1, 1975, will require EPA approval. Mass transit is environment must not be allowed to fall victim to condition to exciting student interest; student interest is seen in a very favorable light, but of course, only a few increased short-term needs for quick, cheap energy. surely the best possible feedback for stimulatingefforts at major urban areas have such facilities. Therefore, the new Rather, it must remain a major concern as we search for improved presentation of materials. Neither method nor controls can be seen as having a large potential effect on ways to cope with the new shortages we are facing each interest is served when bar exam fear and its shadow further developments of such areas. More detailed day. The UB Environmental Law Society exists to lend a rationalization create pressure for "coverage" and for the information on shoppingcenters, withboth environmental helping hand. We work on both local and national use of resources in areas all but devoid of interesting and real estate (anti-trust) implications, can be found concerns, and would welcome any ideas, viewpoints, or methodological problems. In sum, I do not doubt ih,u a within our files. This includes problems of construction, physical help that is offered. Our meetings are posted on reordering that proceeds by calling up ghosts is likely to mortgages, and difficulties reorganizing plans and priorities our office door, 118 O'Brian, and the public is always as a result of the general energycrisis. welcome to attend. improve this (or any) law school. - - June 24th August 9th Open Mon.-Fri. Each week 9:00 - 3:30 Environmental Law Society Attends Land Use Conference ' • �May 14,1974 Opinion 7 Placement Office Sponsors Alternative Career Day Nixon Tax Called Fraud -continued from page 2 other Emolument from the United States, or any of them," The Federal expenditures described in the Congressional Report as personal income constitute violationsof this Constitutional provision. For example, the emoluments given President Nixon such as paying for his terrazo shuffleboard court, were obviously illegal. -centr Alternative Career Day Panel: (I to r) David jay, Tony Dutton, Lawrence Faulkner, Robert Kolken (moderator), Sam Fried, Richard Lippes, Diane Woeppel, Barbara Handschu. by Kay Wigtil On April 25, the Placement Office held Career Day 11, which presented career opportunities in areas of law less traditional than those included in the first career symposium. The panel moderator was Robert Kolken of the Civil Division of the Legal Aid Office, who introduced the Panel members, saying that the areas of law they work in are untraditional and unprofitable, since the profit motive is irrelevant to the work they do. The Panel members were as follows: Tony Dutton Pro Bono work in a large firm: Because the necessity for making a living was a prime consideration in seeking a job, Mr. Dutton said he chose to work in a large firm, where he does commercial and banking law. However, one does not have to cut off his or her interest in the community in taking such a job, as Mr. Dutton's activities prove. He noted that much of the work he does on a pro bono basis is not legal work, but work which requires a lawyer's skills in analyzing, problem solving, etc., as well as an understanding of the politics of the community. He noted that large firms encourage their attorneys to work on outside activities, and that opportunities for doing so are probably better in a large firm than a medium or small size firm. Among the projects Mr. Dutton has participated in are Housing Opportunities Made Equal, the Citizens Advisory Committee for drafting ordinances and reviewing the budget, and the Mothers of Perry Day Care Center. NeighborDiane Woeppel hood Office, Legal Aid: Ms. Woeppel described her work in the legal aid office as frustrating, since the problems of the clients are primarily administrative and — - DVF to especially complex, since the clients only come to the office as a last resort, when their problems have gotten out ofhand. The large amount of administrative work required reduces the amount of time available for work on law reform, but some amount of work in this area has been done in the areas of greatest case volume, such as utilities, and landlord and tenant. Ms. Woeppel expressed concern over restrictions placed on OEO funding of legal aid attorneys on the kinds of legal challengesthey can make. Dick Lippes: Public Interest Law Firm: Mr. Lippes described the structure of public interest taw firms and the type of work they do, and his efforts to establish such a firm in Erie County. Although the firm is not yet entirely established, his practice is limited to public interest issues in the following areas: constitutional law, environmental problems, community organization, and criminal law. Mr. Lippes noted that a 60 to 80 hour work week is inherent in doing this kind of work, but that it is extremely rewarding. — Barbara Handschu Law Collective: Ms. Handschu described the operating structure and decision-making process of the colI ective firm where she works. First, she noted that decisions are made collectively by all persons working in the firm, regardless of whether they are attorneys or legal workers. Secretarial jobs are shared, and everyone does their own typing, so that the office does not have a "secretary". The firm is composed of two attorneys and three legal workers, some of whom are law students and some undergraduates. In ending her remarks, she registered objection to the fact that the law school is so isolated from the legal community. Sponsor Walsh Dr. George Walsh, Professor of Philosophy at Eisenhower College, will be speaking at the University of Buffalo School of Law on Thursday, May 16. The title of his lecture will be lohn Rawl's Theory of justice: A New Ethic for the Welfare Stale. The lecture will take place al 11:30a.m. in Room 210 of Ihc |ohn Lord O'Brian Hall on the Amhcrst campus. Dr. i ,i-.nf,r W,iKh icteived his A.B. from Williams College and his Ph.D. from Princeton University. He was formerly the Chairman of the Department of Philosophy at Hobarl and William Smith Colleges. Prof. Walsh is the editor and translator of Alfred Schultz's Phenomenology of the Social World. He is now working on a critique of lohn Rawl's Theory of justice. The public is invited. — Dennis Cunningham Mass Political Defense: Mr. Cunningham, a Chicago attorney who is presently in Buffalo as a staff attorney of the Attica Brothers Legal Defense, described the events which led to his specialty in this area, and the problems of defending large numbers of defendants. In his work defending people charged with various crimes in connection with the Chicago Riots which followed Martin Luther King's assassination, arrests made at the 1968 Democratic Convention, and groups such as the Wcatherpeople, SDS, Black Panthers, and Young Lords, he noted that the mass arrests and count padding in these charges are generally designed to induce defendants to take pleas on lesser charges. By refusing to take pleas and insisting on trials, many of the defendants got charges dropped or lower pleas offered. Prisoners Legal Sam Fried Assistance Project: This division of the Legal Aid Bureau was originally intended to filter the large number of complaints of prisoners received by the courts. The large volume of the work has limited it to four categories: underlying conviction appeals, dismissal of detainers and warrants, civil problems (i.e., family relationships), and institutional grievances. The work is both frustrating and voluminous, said Mr. Fried, because it is compounded by abounding abuse of discrition by officials in the area, who have a great deal of discretion with little accountabil- Therefore, in drafting the 'Articles of Impeachment, the House of Representatives must not overlook that President Nixon received extra compensation clearly prohibited by the Constitution. These emoluments were in addition to Mr. Nixon's $250,000 annual salary and expenses. By agreeing to pay virtually all the taxes specified in the Congressional Report, President Nixon tacitly has conceded thathe did in fact receive additional compensation. Mr. Nixon might claim that he believed these public expenditures to have been legitimate costs of administration; however, he would still have to return the sums designated as taxable in- come-which total more than $125,000 according to the report. This amount would be in addition to the $432,787 in back taxes plus interest that the President has agreed to pay. After commenting on the importance of the relevant Constitutional provision, Alexander Hamilton writing in Federalist Paper No. 73 noted that the legislature can have no power to increase, or diminish thePresident's compensation during his term of office. "They can," Hamilton continued, "neither weaken his fortitude by operating on his necessities, nor corrupt his integrity by appealing to his avarice. Neither the Union nor any of its members will be at liberty to give, nor will he be at liberty to receive, any other emolument than that which may have been determined by the first act.. ." There is no precedent for the issue of additional income paid to a President because nobody else has managed the Presidency with such avarice as RichardNixon. Thomas G. Kobus, Alumnus Addlestone on Military Justice — ity. — Military Law: Mr. Jay began by noting that it is possible to do good work in the law David Jay and make money at the same time. He described the work he has done in defending Selective Service Law violations and cases referred by the ACLU. Success in any area, he noted, is insured if the attorney does his or her homework, and is well prepared for the cases. Larry Faulkner ACLU Staff Attorney: Cases come to a staff attorney through a lawyers' committee which screens potential cases, and refers the ones it accepts to the staff attorney. Most cases are in the areas of free speech, women's rights (Little League cases), hair cases, draft and military issues, and challenges to allocation of revenue sharing. One of the greatest problems in civil liberties in Buffalo at the moment, Mr. Faulkner noted, is the complete lack of any civilian review of police abuses. - DVFLecturer David Addlestone. by Kay Wigtil David Addlestone, ACLU Military Law attorney in Washington, D.C., spoke May 2nd on recent developments in military law. He was introduced by Bob Godlove, of the VVAW/WSO, who noted that Mr. Addlestone's background includes three years as an attorney in the Judge Advocate General's office, and a year in Viet Nam as a civilian with the Lawyer's Military Defense Committee. Mr. Addiestonc stressed that civilian attorneys are needed in the military law area, even though there is no present draft or war. Reasons for this include the fact that 2/3 of all federal prosecutions are courts martial, which have no Grand jury or jury. Another important area for civilianattorneys is discharge upgrading, since there are over a million veterans in the country who suffer d i sc r imination because of less than honorable discharges. The deteriorating quality of -centner JAG attorneys creates a need for alternative representation by civilians, whose presence can help curb abuses in the military. Mr. Addlestone noted that this is especially important now, since the military is returning to a 40's style of discipline which results in denial of many rights insured to G.l/s. Mr. Addlestone described several cases he has won, which include the successful defense of 55 minority G.l.'s charged in connection with racial disturbances in Korea, and most recently a successful attack on the drug searches that were being carried out in Europe. As a result of winning the drug search case, the Army drug program was changed; the command was forced to recognize the court orders that had been issued, and the G.l.'s retained fourth amendment rights. Mr. Addlestone recommended "Justice in the Military" by Public Law Ed. Institution for thosewho wish to learn more about military law. �May 14,1974 Opinion 8 Parting Thoughts We Wonder ... Second Year SBA Directors: (I to r) Carl Howard, Bette Gould, Bert Slonim, Shirley Bevel, Steve Kaplan. (Margaret Wong,absent). SBA Asks Probe of Attica Case by Laura Zeisel Rejecting arguments that such were beyond its scope, the SBA at its May 3rd meeting passed a resolution calling for the formation of a state-wide committee to investigate alleged biases in the prosecution of the Attica rebellion. The resolution, which passed by a 13-2 vote, with 2 abstentions, calls for the SBA and the Faculty ofLaw and Jurisprudence to approach the Criminal Justice Section of the New York State Bar Association and urge that a special independent committee be set up to investigate the allegations of bias, to establish definitively whether the allegations are true or false, and to make public its findings. The resolution sets forth 14 allegations of bias, along with their sources. It further states that as students of the only State University law school, SUNY-Buffalo law students have a special concern in insuring the fundamental fairness of the criminal justice process in New York State. Students working on the staff of Attica Brothers Legal Defense (ABLD) originally tendered the resolution for SBA consideration. According to Laurie Shatsoff, one of the drafters, the concept of such a resolutionhad been around for some time, but was given fresh Whether the sth floor courtyard, now ominously designated the "faculty courtyard," is indeed ever to be opened to students as was promised, back in the heady days of early September. Anyhow, it looks nice every now and again bashing in the sun. matters impetus by recent published reports that the Grand Jury investigating Attica had indicted a state police officer for the death of one of the hostages killed on Septem- ber 13, 1971, but that the prosecutor had failed to file the indictment with the Court. The resolution was first considered at the SBA meeting of April 26, but was tabledwhen several SBA members voiced a desire to know exact sources for eachallegation of bias. These sources were researched by ABLD workers and submitted on an amended resolution at the May 3rd meet- mgi_aw School faculty member W. Haywood Burns is currently serving as one of the coordinators of the Attica Brothers Legal Defense effort. Whether the Library will ever see the day when there are more materials on shelves where they belong rather than lying forgotten in carrels or on tables. Note courtesy of a glass ashtray in a facility where there is supposed to be no smoking. The Opinion staff wishes all our student, staff and faculty friends \B, PEACE'"" nion See you in September! t| � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-05-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/14/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5dead70fcaffd66e5fd707f1a2df2577.pdf 06242e9a36aa2f40126dc5ba6b36a4fe PDF Text Text OPIN UPPLEMENT S May 16, 1974 CORRECTION: The Bookstore wishes to clarify that it will be open, during the weeks June 24th to August 9th, only on Monday's & Wednesday's (9:00 3:30). - PLACEMENT: The Career Development and Placement Office is pleased to announce that effective, Monday, May 13, 1974, Ms. Nancy Koziel has joined us as secretary. ATTENTION GRADUATING SENIORS: The Career Development and Placement Office is mailing to you a card seeking information as to whether you have found a job or are still considering opportunities. We would appreciate your cooperation in sending or bringing the card back to Room 312 as soon as possible. SIMULATED LAW FIRM: Professor Kaplan has announced that the sign-up for the SLF program next fall will continue through May 24 and that there will be no limits placed on the number of students wishing to indicate interest. Sign-up sheets are available at the Registration desk. By June 5, selection will be made, by a method yet to be determined, from among those having indicated interest. Students will then have until June 15 to register. BUDGETS WSURBAP by Ray Bowie Meeting in special session, the SBA Board of Directors completed action on the 1974-75 budget last Tuesday, only one day before the deadline for submission of student government budgets to Sub Board I. The action means that SBA organizations will be able to begin drawing upon their new budgets as of September. Consideration of budgets resumed the Friday before with the Budget Committee's recommendation of $1147 for the Athletic Committee, which included an amount of $1.50 per student so that law students could use gym facilities and equipment without individually paying $5 each. The Athletic Budget passed with little debate. Social Committee received $2,000 for two large parties, $120 for a picnic perhaps in Delaware Park, $1,065 for a series of monthly happy hours, and $290 for individual organization parties. �Association of Women Law Students was allocated $558, including $100 for publication of newletters and $418 for convention expenses. A motion to increase convention expenses to $500 failed by 8 to 5 vote. Controversy erupted when, during consideration of the BALSA (Black American Law Student) budget, BALSA President Chui Karega asked for a $2,500 grant or loan to serve as seed money whereby BALSA could stage fund-raising concerts for minority recruitment. After several directors balked at the proposal that SBA giving BALSA first claim to the first $2,500 available next fall, BALSA settled for an SBA commitment to provide some seed money if available in September, which motion passed by 8 to 6 vote. BALSA also received, on motion of Laura Zeisel, an increase of $200 for community seminar and $150 for minority symposium, bringing the total BALSA budget from the recommended $1,155 to an allocated $1,525. Buffalo Legislation Project was budgeted, for the first time, to the amount of $290, after attempts, motivated by the belief that the School should be encouraged to fund BLP, were made to delete the whole budget. The attempts failed. Distinguished Visitors Forum was allocated $3,540 for speaker programs next year, but not before SBA director Mark Linneman strongly objected to what he called the "ideological bias" of the program this spring. With little debate. Environmental Law Society and Gay Law Students, a recently revived group, received $285 and $35 budgets respectively. Debate arose again, however, over several attempts to delete funds recommended for the International Law Society budget. Bert Slonim moved unsuccessfully to transfer the $100 Jessup Competition line from International Law to Moot Court. The two organizations have in the past contested, over which has the right to send a team to the Jessup, and SBA seems to have supported ILS. Laura Zeisel moved to delete the $180 ILS was to receive for a weekend symposium at the UN, but this too was defeated as ILS received a full budget of $505. In rapid succession, the Directors approved $443 for LSCRRC (Law Students Civil Rights Research council), $700 for Moot Court Board, $400 for National Lawyers Guild (including an extra $50 for publicity and $10 for postage approved on motion from Bert Slonim), $4,423 for Opinion (including second priority for available funds next fall to restore the full 14 issues requested instead of the 11 allocated), $0 for PAD, and $220 for Puerto Rican Law Students (after recommending that PRLSA seek funding from the School for its downtown bilingual referral service). �Serious allegations of discrimination and even unconstitutionality were raised, however, with respect to the $230 the budget committee recommended for Law Wives. Bette Gould, Rosemary Gerasia, and Carl Howard attacked the organization for discriminating against husbands, not being a student group, and failing to benefit the student body. Amendments offered by Bert Slonim, which would have required a public statement from Law Wives to the effect that they admit all spouses, and by Pearl Tom, which would have changed the name to "Law Spouses," were both defeated before the Directors voted 5 to 5 on the budget. Laura Zeisel, chairing the meeting in the absence of President Don Lohr, broke the tie by voting not to fund Law Wives. Rosemary Gerasia suggested that, since Law Wives had no budget, SBA take their office (room 8) and put cots in it so that it could be made into the health room, but no action was taken on the suggestion. Of the entire SBA budget now passed, $345 remains unallocated and will be carried over as surplus into the fall. �a � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-05-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 14 No. Date Issued Date of formal issuance (e.g., publication) of the resource. 5/16/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/11/2011 13:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3079913b874b8a9faedd85b29e1d9716.pdf 3a758cc65b013373cd2d413f6b9cba59 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Opinion Volume 15, Number 1 John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 State University of New York at Buffalo School of Law Fahringer Advises On Sentencing Techniques October 2,1974 Students Send Open Letter On Priorities To Faculty Prompted by the coming In contrast, the signatories International Law, Criminal Law consideration of the Law School's noted "theplight" ofstudents who and Procedure, andState and Local Master Plan, a document outlining had been closed out of key Government. Otherproposals were development its over the course of the decade, a group of students, citing their "involvement in the academicand administrativeaffairs of the Law School," have issued an open letter to the faculty expressing reservations as to certain current directions of the School and suggesting other academic priorities. Signing the letter as individuals rather than as representatives of student organizations, the students Ray Bowie, Don Lohr, Ben Idziak, lan DeWaal, Dan Mac Donald, John Mendenhall, and Mark Linneman began by noting "a substantial diversion of the School's resources, both material and personnel, into two new clinical programs," which they feared would demand an even greater budgetary commitment once the current outside funding grants expire in a few years. The clinical programs cited were the SLF's and the Criminal Justice - - Fahringer addresses first DVF audience of the year. professional courses and "the for linking seminars to such complaint" that course offerings sequences, for prompt replacement were becoming "too few, too of faculty on leaveor sabbatical by unrelated both to one anotherand visiting appointments designed to to professional career goals, and fill any resulting program gaps, and too esnleric."Theletter concluded for the Law School to refrain from that increasing numbers of students were "being denied opportunities in widely-practiced professional areas" while fewerand fewer students were being accommodated in expensiveclinics and seminars. The signatories stressed, however, that the purpose of the open letter was less to criticize an imbalance than to suggest certain measures to strengthen the professional program. Among six specific suggestions, the letter proposed the establishment of sequences or tracks of courses in "areas where the Law School presently offers multiple electives," so that the completion of such a sequence might possibly lead to a formal "concentration" on the diploma. Areas suggested for tracks were Tax, Labor Law, Commercial and Business Law, Constitutional Law, further commitment of faculty lines to specifically interdisciplinarycourses. The students advocated that a strong professional program be the first priority recognized by the Master Plan and that present budgetary resources be devoted to remedying deficiencies in the professional program. The first faculty consideration of the MasterPlan, consisting now of a set of recommendations approved by the Long-Range Planning Committee, took place last Saturday at a special day-long meeting occurring as this issue went to press. Further meetings on the subject were expected before the Master Plan's finalratification. The text of the open letter is published on page three of this issue. Herald Price Fahringer, noted Buffalo criminal defense attorney, addressed a Moot Court audience on the subject of sentencing on September 16 at the invitation of Distinguished Visitors Forum, SBA's speaker bureau. The Fahringer lecture marked the first presentation this year by the DVF, which is directed by Ray Bowie and Sue Silber. SpecialistProgram. Mr. Fahringer began his presentation, which was devoted largely to the question of techniques,by noting that "an attorney's greatest challenge is when called upon to defend a criminal defendant in a sentencing proceeding," for the person's life is literally in his counsel's hands. Since large numbers of criminal defendants are financially compelled to dispose of their cases other than by trial, "the sentencing process achieves paramount importance" and with it, the presentence pleading. Chief judge Charles D. Breitel In addressing the practical rather than legal aspects of sentencing, Mr. Fahringer stated that in as much as probation agencies of the New York Court of Appeals will deliver an address in the Moot are overworked, his firm often finds it helpful to prepare its own Courtroom tomorrow afternoon at probationary report to the sentencing judge, presenting the most favorable picture of the client possible. He advised that the sentencing 3:00 on the subject of "Court Selection and Disciplining Reform: judge be given information on the client relating to family ties, achievements, civic involvements, and any mitigating factors in his of Judges." Faculty, students, and have been invited to attend. background. Such information often, he said, is revealed by the client guests Judge Breitel, in the Buffalo only after intensive interviewing, and sometimes clients are reluctant area for tomorrow's dedication of to divulge facts that might make the difference between a light or the new City Court building, will harsh sentence. Mr. Fahringer advised that a defense attorney owed it to the be appearing at the Law School tomorrow afternoon at the client to probe even the most squalid of circumstances, as it can be invitation of the Distinguished argued that the defendant was trapped by such brutal conditions yet Visitor's Forum, SBA's guest sought theremedial assistance of social agencies. lecturer bureau. He last visited the Defense counsel should also secure the defendant's official School a year ago in the course of record, attaching to it his own explanations or accounts of mitigating his 1973 campaign for the office of factors. Characterreference letters from respectable persons mayalso, Chief Judge of the state's highest Fahringer said, be of assistance here, as might even be a lie detector court. Judge Breitel when he spoke at the school last year. test to attest to defendant's sincerity with reference to past A Columbia Law graduate in convictions where he claims not to have known of the criminality of 1932, Judge Breitel practiced In 1950, he was appointed by Procedure, the A.L.I. Advisory privately until 1935, when he Governor Dewey to the Supreme Committee ona ModelPenal Code, his involvement. Another technique Fahringer cited was that of comparative entered public service. After Court, a position he held until and is presently a member of the sentencing, where defense counsel would examine similar sentences, working on the Thomas E. Dewey joining the First Department of the A.L.l.'s Select Council, the Special Rackets Investigation in Appellate Division from list the lighter sentences, and submit a report to the judge. 1952-56. Institute of Judicial Mr. Fahringer cited oral argument as "the most neglected aspect New York County, he became Judge Breitel has been a Judge of Administration, and the Board of of the craft," remarking that a lawyer who relies on his memo is Assistant Chief of the Indictment the Court of Appeals since 1967. Governors of the American Jewish simply negligent He advised that all arguments for light sentence or Bureau, rising to Chief in 1941. In addition to service to the Committee. Judge Breitel has written and even no sentence be advanced before the judge, or as another Breitel then served as counsel to State of New York, Judge Breitel technique, that the client or hisfamily be allowed to make the appeal, Governor Dewey from 1943 to has served as a memberof President spoken often on the subject of provided the attorney carefully coaches. 1950 withbroad responsibility for Johnson's "Crime Commission," court reform in New York State, "We owe to the defendant," he concluded, "all of the eloquence a wide range of legislation and the Federal Commission on and is considered by many as a within us." coordination ofexecutive agencies. International Rules of Judicial leading expert in the area. Judge Breitel To Speak On Court Reform Thursday. �2 Editorials Welcome The staff of Opinion would like to extend a belated welcome to the class of 1977. No doubt first impressions of what law school is like have been washed away and replaced by new thoughts. Having braved the initiation of long waiting lines and general confusion, it is hoped that you have begun to feel at home here. The law school offers many opportunities for you to enrich your graduate career. There are numerous organizations, some well-known and others not so.'in which the first-year student may participate. We urge you to seek these out and become part of the UB community. Again, let us extend our welcome and hope this will be a productive time for you. The Vice President? As law students at the State University of New York Law School, we feel it is necessary for us to denounce the nomination of Nelson Rockefeller as Vice President of the United States. As people who are supposed to be concerned with justice, we cannot allow a man such as Rockefeller to be placed in a position of great responsibility, and most certainly not in a position where he is supposed to be a servant of the people of this country. By his actions while Governor of New York State, and by his handling of his personal empire, Rockefeller has shown- that he will stop at nothing to protect what he has and to gain more. The armed assault on the prisoners at Attica in 1971, the subsequent coverup of the atrocities committed by the assault force, and the frame-up of prisoners on criminal charges to further cover up his malfeasance as governor, are all blatant examples of the official lawlessness in government that is supposed to be eliminated in America by Nixon's demise. Further examples of Rockefeller's lawlessness in office are all around us. The regressive, tax system, gigantic state debts, the Albany Mall project, elimination of rent control, welfare cuts, and the passage of the country's most ineffective and oppressive drug law are all illustrations of his insensitivity to human needs and his drive for personal power. We urge you all to oppose the confirmation of Rockefeller as Vice President of the United States, so that our future will not include the Presidency Rockefeller is surely seeking for himself. In Sight of the Forest Faculty meetings this fall promise to be of unusual — at least for faculty meetings — importance dueto thepresence on the agenda of the Law School's Master Plan, that document which will outline this institution's priorities and development through the end of the decade. New and innovative ideas are in the air at the moment, some taking more concrete shape than others in terms of Master Plan provisions, but also in the air seems to be a nebulously pervasive concern that some of this innovation has been launched with little understanding as to its goals, its impact on the professional program, or even as to its very nature. Programs, in some cases, appear to have been inaugurated by administrative legerdemain rather than faculty consultation, and such cases would seem to indicate violations, in spirit if not in the letter, of the Faculty By-Laws. And with respect to one such program, the Criminal Justice Specialist Program, serious question has been raised as to the propriety of alleged attitudinal or behavior modification as one of the program's goals, a question the faculty cannot possibly disregard. Observers of faculty meetings report disillusionment with the faculty's penchant for losing sight of the forest for the trees, for concerning themselves with "housekeeping" items while neglecting their responsibility for program supervision. Consideration of the Master Plan hopefully will force them to address the big questions which have gone unasked and unanswered for so long, the big questions that relate to the mission of this institution. Students, certainly, are entitled to some answers. October 2, OPINION 1974 Environmental Internships by Terence }. Centner The desire for law students to delve into environmental legal problems for some type of financial remuneration often remains unsatiated because of the scarcity of positions and the problems of applying a legal training in many of the available positions. However, there is at least one environmental organization which is enabling students to participate in environmental projects. The Massachusetts Audubon Society has developed an environmental intern program that offers interested young people unique opportunities to participate in environmentally oriented projects. This past year this Audubon Society placed 140 interns in jobs in six New England States and New York. Funds for these positions are supplied by private foundation support on a matching basis by public and private agencies. This program was initiated in 1972 by John R. Cook, jr., a former environmental investigator for the York State attorney general's office. The interns are selected on the basis of their work experience, academic background, letters of recommendation and, in many cases, an interview. Competition for the various positions is keen. This past year there were over 900 applications from 45 states. The employing agencies also undergo a selection process to help maintain a high standard of employment experience for these interns. The program is based on an assumption that many of today's youth who are pursuing further educational training in institutions of higher learning need some practical field experience. Thus, one of the goats of the program is to provide a practical education to interns to supplement their academic training. Other goals of the program include supplying agencies with highly qualified students and, in many cases, qualifying interns as potential staff with their respective agencies or other environmental organizations. In many cases there are pre-in tern ship orientation meetings and seminars during the summer work period. The Society conducts a one day intern workshop at its headquarters in Lincoln, Massachusetts, at which all of the interns are able to attend two small group discussions concerning different environmental concerns and meet Audubon staff members. This past summer two students from this law school worked as interns under this program. Terence Centner worked with the Temporary State Commission to study the Catskilts in Stamford, New York and Charles Jacobs worked with the Erie County Environmental Management Council in Buffalo concerning plans for an easement program. Any student interested in an employment position with this society for next summer can contact John Cook, Jr.,M.A.S., Lincoln, Massachusetts 01773. Lawyers Guild Convention Focuses on Four Anti's - Anti-sexism, anti-racism, anti-capitalism, and Underground was a firm commitment to confront anti-imperialism were the dominant themes of the oppression perpetrated by and within the United 1974 National' Lawyers Guild convention, held States, on a variety of fronts and with'varied August B—ll on the University of Minnesota techniques, including those traditionally associated campus. At least a thousand lawyers, law students with the practice of law. Part of the history of the and legal Workers including severalrepresentatives Guild is a division between people who see converged on the Twin themselves as legal people with political interests, of the Buffalo Chapter Cities for the gathering, which got off to an and those who regard themselves as political activists auspicious start with the resignation of United States with legal skills; since the admission of law students President Richard Nixon. to full membership in 1970 the balance seems to Over 1,00 separate meetings, workshops, and have tipped in favor of the latter. presentations were on the agenda. These ranged from Yet the dominant atmosphere of the Twin Cities lectures on technical aspects of the law (for example, Convention was unity, not divisiveness. In two Charles Garry on voir dire; Ben Margolis and emotional plenary sessions the Guild raised over Leonard Weinglass on cross-examination) to $13,000 to cover its past deficits, and reaffirmed its free-wheeling discussions of political strategy commitments to the legal struggles of Native (including "Racism and the Class Struggle," Americans in the Wounded Knee trials, and thoseof "Socialist Feminism," and others) and addresses by the Attica Brothers Legal Defense. Though the such political figures as Juan Mari Bras, General movement for progressive legal work often seems on Secretary of the Puerto Rican Socialist party. A the verge of being overwhelmed by problems and dance and a picnic provided interludes of sociability. contradictions among them those stemming from What emerged front1 the many meetings its members' own sexism and racism it was clear including an ad hoc discussion of Prairie Fire, the by the end of the Twin Cities Convention that it is recent political statement of the Weather alive and kicking. - — - - - Notice on Parking Rules This is to reiterate certain regulations set forth in the official "Traffic and Parking Regulations, 1974-1975." These regulations were devised by the SUNY/B Traffic Control Advisory Committee and approved by the University Trustees. The ones that bear reiteration at this time are: "Parking is prohibited on alt roadways and servicedrives except as otherwise posted for time limit parking in selected areas" and "No person shall park a vehicle on the premises of the University in such a manner as to interfere with the use of a fire hydrant, fire lane, or emergency zone, create any other hazard or unreasonably interfere with the free and proper use of a roadway or pedestrian way." This latter regulation, besides relating to regular roadways, applies to the driving aisles, walkways, and roadways within the parking lots; i.e., thosepersons who park Vehicles beyond the doublelines which mark the end of a parking row and encroach on a driving lane are subject to being ticketed. They are also subject to having their vehicles towed away at the expense oftheperson to whom the car is registered if they are blocking traffic or interfering with free access to driving lanes or entrances or exits by other motorists or persons whose vehicles are legally parked in the parking tots. In addition, the Department of Transportation has advised that it is not necessary to post "no parking" signsoncampusroadways as long as each entrance to the campus is marked with a sign that informs motorists that parking on campusroadways is prohibited. All persons who have received parking permits should also have received a copy of the "Traffic and Parking Regulations, 1974-1975." For those who have not received them, Campus Security will be happy to provide them. They will be available at 196 Winspear Avenue for Main Street campus people and at Room 116, D-2, in the Porter Quadrangle on the Amherst Campus, Volume 15, Number 1 OPINION October 2, 1974 Editors-in-Chief Ray Bowie Kay Wigtil Guinane Staff: Terry Centner, Jeff Chamberlain, lan DeWaal, Paul Equale, Matthew Leeds, Al Mantel, Scott Murphy, Bert Slonim, John Stuart, Louise Tarantino, Eric Zaetsch. OPINION is published every third week, except for vacations, during the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlan Hall, SUNY/B Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION Is a non-profit organization. Third Class postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION Is funded by SBA from Student Law Fees. �October 2, 1974 OPINION 3 END OF THE BAR Amerikan Injustice by JeffChamberlain problems I shall thence stop the War In Vietnam (or wherever It's playing this week) and write a scholarly More/lead City monograph justifying an "Incursion" Into India. Sohere I by theBuffalo Chapter, North Carolina am, sitting in Dorothea Flzzdockle's Happy Buzzard Gas August 22, 1974 National Lawyers Guild Station and Taproom (overlooking historic Bogus Sound), sipping a tepid 3.2 beer to wash away the slight yellow Events occurring simultaneously D.C. Morehead City is not a proper place to begin to fungus which had begun to form on my palate and and Buffalo, New York underscore intheWashington, failings: of the compose the vlewing-wlth-alarm-and-panic political epiglottis from too many grits and too much cornbread, American system of justice. On Sept. 25, more than three diatribeswhich are thestock In tradeofmost columns in with a beat up old Royal with no margins, suffering years after the Attica rebellion, the first trial began. It is student newspapers. But I promised that I would take my heart out for the literary art. It was the lust best oftimes, ironic that during this same week the Senateconfirmation guttersnipes at everything; and after I have solvedall these It was the worst of times, and all that. hearings on Vice Presidential designate Nelson Rockefeller commenced. Adviceto Freshpersons Rockefeller, while governor, during the four days of negotiation with Attica inmates, refused to go to the prison and resolutely opposed any form of amnesty. A review of his public position is instructive: "/ do not have the constitutional authority to grant such a demand I total amnesty} and I would not, even if I had the authority because to do so wouldundermine the very essence of our free society the fair and impartial application ofthe law." (McKay Commission Reportat 321). Yet since his nomination Rockefeller has publicly supported President Ford's prior pardon of RichardNixon one of his justificationsbeing the feeling thatNixon has suffered enough. While the Attica Brothers are collectively facing 42 indictments alleging some 1300 felony counts, Nelson Rockefeller, upon whom responsibility for the massacre rests, is being consideredfor the nation's second highest office. A second affront to principles of justice isrevealed by the manner of this prosecution the state's abuse of the adversary process. While a staff of special prosecutors has been appointed and allocated approximately $9 million, the Attica Brothers Legal Defense has not yet received one dime from the state; this despite the fact that the Brothers were found to be indigent defendants. Thisis art adversary proceeding which exhibits the same characteristics as Christians doing battle with lions. But despite these substantial obstacles, the Attica Brothers can win. They have the strength, solidarity, and support necessary to struggle against and overcome the formidable legal arsenal assembled against them. It is essential that we, as people working in the legal community understand this historic event for whatit is a whitewash of administrative repression and inhuman prison conditions. We must support the Attica Brothers in every way: by being in court every day if necessary; by raising these issues in every available forum; and by dedicating ourselves to seeing that justice is done. "You will brief yourcases, or surely you will fail." Mr. Wallin, the Registrar, has a unique status in the AdolfHomburger, Fall, 1973 Law School. He is perhaps the only member of the administration proper to whom you may have the There are, it seems to me, only two subjects which are opportunity to speak directly. It probably won't matter, appropriate for the initial appearance of this column. I but you can at least take some satisfaction in the fact that could begin with a colymn about "What I Did Last you have spoken with an actual official. Summer," in which would be related adventures hitherto There is one other person "in" administration with unbeknownst to the likes of mortal mankind, in which the whom you should have at least a passing acquaintance, and columnist became a master of deduction by taking Tax A that is the Assistant Provost. This office is held by a in summer school, toured the Last Chance Winery, read member of the fauclty, who shares this duty the current bestselling book Through San Bernadlno with reduced teaching load. This year we have a newwith a one: Gun and Camera, and had some small successes in sporting Professor Fleming. In this capacity, "Coach" Fleming is circles, winning the Commonweal award for excellence in somewhat of an unknown quantity. I think that if a paper doll cutting with a grand total of two and one-half student can convince him of the validity of his position, dolls. But that would be boring. The purposeand function then Mr. Fleming will strive effectively on the student's of this column is not to be boring. It is to be trite. behalf. Those of us who "like" Mr. Fleming stress the Therefore, this first column will be advice to freshpersons. latter clause of this proposition, while thoseof us who are not so easily convincedhave emphasized the difficultiesof "Freshpersons" is unwieldy. "First year students" is persuasion inherent in the former clause. not only unwieldy, it is a sham; although therehas been an Virtually everything which must be cleared by the official pronouncement that the phrase would replace administration is a "waiver of faculty policy." There are "freshmen" in the official vocabulary, little evidence that pre-printed forms upon which to make whatever requests this policy has been implemented can be found. Hence, you desire. These are called "requests for waiver of faculty bowing to popular sentiment, "freshpersons" And I policy forms." You can save yourself a bunch of time by apologize. utilizing these forms at the outset, without bothering to discuss your proposals first. Let me begin by being the nth to "welcome you to Finally, I wouldlike to repeat the traditional welcome the law school." And in the spirit of consistency, I trust to the Buffalo Law School. Look to your right. Look to that this welcome will be at least as fatuous as the others your left. They couldn't get into Harvard, either,. But if you are receiving. Fatuity seems to be an ascendant trait you work dilligently, and brief your cases, three short in around here, so you might as well get used to it. You are at years you too can look forward to a highly satisfying the Buffalo Law School, also known as the Faculty of Law career as a cab driver, insurance adjustor, or real estate and Jurisprudence, State University of New.York at broker. And oh yes, since somebody has to say it: law Buffalo. The Law School used to be located on Eagle school is somewhat different from college. Street in Downtown Buffalo (you can tell because it's dirtier). Last year we moved to the present facility, accompanied by much brouhaha, including a belated dedication ceremony which most students were not permitted to attend. Malcolm Wilson (yes, the Malcolm Wilson) spoke. And a good time was had byall. You will hear that O'Brian Hall is a great improvement over Eagle Street. Had the Law School existed at Eagle Street in the thirteenth century, it is apparently conceivable thatDante As a group of students who have had, both do wish to lake the initiative in proposing several program would have added a level to his Inferno. You should, individually and collectively, involvement in the academic modifications which we hope will partially redress the therefore, appreciate this building, with its windows that and administrative affairs of the Law School, we would imbalance. don't open and its lack of air conditioning, its elevators like to share with the faculty certain impressions we have Firstly, we wish to propose the creation of course that ride fourcomfortably, and its outsidewalls thatdon't of the current directions of the School, certainreservations sequences or tracks in areas where the Law School work (you can fly a kite in some of the classrooms on we entertain with respect to these directions, and certain presently offers multiple electives, such sequences possibly proposals we wish to make as to academic priorities. breezydays). leading to the notation of a "concentration" on the With some serious misgivings, we note this semester a diploma upon successful completion of a sequence. There exist within the school several student substantial diversion of the School's resources, both Course sequences should be available in the areas of organizations. The most visible is the Student Bar material and personnel, into two new clinical programs, Tax (with the addition of a course on taxation of foreign Association. The SBA serves no known function. the Simulated Law Firms and the Criminal Justice holdings); Labor Law; Commercial and Business Law newspaper Opinion. student is called You are Specialist programs, which will provide clinical experiences (including corporations, anti-trust, and securities); The reading a copy. Opinion serves no known function. to a relatively few students at heavy cost to the School. Constitutional Law; International Law; Criminal Law and The Law Spouses is an organization of the spouses of Though aided by outside grant money, both programs also Procedure; and State and Local Government (including law students, which is to say the wives of male [aw draw heavily upon the regular School budget, demanding administrative law). As the School is already strong in students. It used to be called the "Law Wives." vast material resources and commitment of faculty lines, several of these areas, sequences there would involvelittle even while facing us with the prospect that an even greater additional commitment, while such commitment would be There are several organizations based on more-or-less commitment of regular budget resources and lines will be necessary in a few areas of recognized weakness.. "ethnic" criteria: BALSA, Puerto Rican Law Students, required within a few years as the grants expire. Secondly, we propose, in conjunction with the and the like. There are also organizations which cater to With serious concern, too, we note the plight of that an attempt be made each semester to link specific interests, such as the International Law Club. numerous second-year students who have been closed out sequences, with such sequences, so that the seminars would There is not, so far as I am aware, any formal organization of key-courses and the complaint of many third-year seminars effect be extensions of variouselectives in the sequence, in catering to the special interests of Jewish students whose students who find the seminar offerings often unrelated to building upon the electives for more intensive investigation goals are to live in Greenwich, Connecticut and manage their career goals. Our concern is that course offerings in selected areas of major consequence. Treating slum property, or WASPS who wish to become tax have, with the increased size of the student body, become seminars in such a fashionwould better relate them the both lawyers. These deplorable instances of "reverse too few, too unrelated both to one another and to and to the recognized interests of to substantive discrimination" are apparently impossible to remedy. (By professional career goals, and too esoteric in some students in the areas sequences. the way, "WASP" is redundant;did you ever know a Black instances to meet the needs of the student intent upon Anglo-Saxon Protestant?) Thirdly, the notation of a sequence or concentration practicing lawafter graduation. on students' transcripts and diplomas would, we feel, A few wordsabout the administration: The result of the present directions of the School is facilitate "Provost" means the same as "Dean." We have one. placement, provide prospective employers with a that larger numbers of students are being denied certification of He is a sociologist. He is quite well known in his field,and opportunities in widely practicedprofessional the graduate'sstrength, and moreover serve that areas so it is said that he gives the school a good reputation. It is as a psychological incentive to students preparing for a provided expensive training few students can be with a particular practice. rumored that there was a plaque near one of the rooms at within narrowly specialized seminars and clinics. Fourthly, we ask that the School undertake to insure Eagle Street commemorating the spot where according to While we believe that it is the responsibility of the prompt replacement, perhaps through greater use of local legend Dean Schwartz once actually spoke to a faculty to scrutinize the latter programs more closely, we student. -continued on page 8- - - - — . - Open Letter to Faculty ' �October 2,1974 OPINION 4 NEW LAW FACULTY Blumberg Allen actions and mass litigation. She is afraid, however, that recent Supreme Court decisionshave rendered her "obsolete before I start" in thisarea. Watergate, in her view, is an albatross around the neck of every lawyer and law student. "The image of lawyer in our society is of a person who uses large a words to cover up what he really means ... if we care, we must make hard ethical judgments to promote public trust." Karp Mr. Allen, who was born in Chicago in 1948, has had a truly extraordinary academic career. On his way to receiving his B.S. in Mathematics from Marshall University, he both made the Dean's List and received a full scholarship for all eight semesters. He was the number one B.S. graduate in 1970. Me earned his J.I). Iromthc University of Michigan in 197,3 (Order of the Coif, Magna Cum Laude, Barrister Society). Mr. Allen served as a research assistant to University of Michigan professors during each of his summers in law school. His first job after graduation was as a clerk to Judge Wallace Kent of the U.S. Circuit Court of Appeals for the Sixth Circuit. After Judge Kent's death in 1973, Mr. Allen was accepted as a Visiting Professor for one year at the University of Nebraska College ofLaw. His specific research interests include the use of presumptions in criminal cases, as viewed from the standpoint of the jury. Courses offered by Mr. Allen will include Criminal Law in the Fall and, possibly, Evidence in the Spring. ' Bell After attending Cornell University for two years, Ms. Blumberg received her B.A. from the University of Colorado in 1960 (cum laude). She remained at Colorado until late 1961, where she studied comparative literature on a full graduate fellowship. Her J.D. degree was earned at U.8., from which she graduated summa cum laude in IT/I. Ms. Blumberg won many academic honors during her three years in law school.She received American Jurisprudence Awards in Contracts, Criminal Law, Property, Environmental Management, Federal Taxation (A & B), Wills, Corporations and Criminal Procedure. In addition, she was the recipient of the Clinton Scholarship (highest average in the second-year class) and the Spragne Scholarship (highest average in the first-year class). Her graduation awards included the John Bennett Achievement Award (mosi outstanding student) and the Daniel Distler Award (best legal research). , Ms. Blumberg s current position as Family Law instructor is her third job since graduation. Previously she served as Law Assistant to the Appellate Division of the Supreme Court in Rochester and as a Teaching Fellow in the Legal Methods Program at Harvard. Her legal writings concentrate on sex discrimination in the federal lax structure. Jason Karp graduated from St. Johns University College of Business Administration in 1967, where he was a member of Omicron Delta Epsilon, the National Honor Society in Economics. His law degree was earned at the University of Buffalo in 1970. As a law student, Mr. Karp worked in the neighborhood offices of the Legal Aid Bureau. This proved to be valuable experience for the man who was to become first Staff Attorney (8/70), then Acting Executive Attorney (10/72), and, finally, Executive Attorney (3/73) of the Orleans Legal Aid Bureau. His role in the Legal Aid Bureau no doubt prepared him for. his current position, clinical instructor for the Simulated I.iw Firm Program. Spangle Lane Mr. Spanogle, who this year will serve a one-year appointment as Visiting Professor specializing in Richard Bell was born in Illinois in 1943. After receiving a B.A. in Political Science from Northwestern University in 1964, Mr. Bell served a three-year hitch in the Marines. He earned a joint |.D./M;A. (Philosophy) from Yale University, with a Ph.D. in Philosophy expected later this year. Among his publications are: "Understanding the Model of Rules: Toward a Reconciliation of Dworkin and Positivism" in 81 Yale Law journal, 1972 and "Max Weber on Law and Development in England" (with John Balkoski), Law and Modernization Working Papers, Yale Law Journal, 1972. Mr. Bell's course offerings will initially be Torts and Philosophy of Law. Mary Kay Kane was born November 14, 1946 in Detroit, Michigan. For the next 25 years, she pursued her education solely in her home state, receiving both her undergraduate (1968) and J.D. (1971) degrees from the University of Michigan (cum laude). As a taw student during 1969—71, she served as a research assistant to Professor Arthur R. Miller at the University of Michigan. In this capacity she participated extensively in the preparation of Wright and Miller, FederalPractice and Procedure, volumes 5, 6, 7, 7A, and all theannexed pocket supplements. Shealso assisted Prof. Miller in his work, TheAssault on Privacy: Computers, Data Banks and Dossiers. From 1971-74, she worked on a National Science Foundation Grant studying the relationship between information technology and the law. Her last two years were spent as Co-director of the program at Harvard. Ms. Kane's legal interests center on civil procedure, specifically the area of class Commercial Transactions, is a graduate of both Princeton (1957, B.S. in Engineering) and the University of Chicago Law School (1960). He has been a member of four law school faculties (University of Maine, University of Texas, Vanderbilt University, and the University of Californiaat Berkeley), in addition to holding three different Bar memberships in Tennessee (1960), California (1961), and the District of Columbia (1970). He is the Chairman of the Maine Governor's Bank Commission, a member of the American Bar Association Commission on Regulation of Consumer Credit, and served as a Research Associate for the Brookings Institute (1966-67), the Washington-based "think tank." In addition to having written a wide variety of professional articles, Mr. Spanogle has also authored several pieces for a more general audience. Among these is the script for "The Credit Game," a film used in high schools, and a 1972 supplement to Compton's Encyclopedia entitled "Invasionsof Your Privacy," co-authored by Ralph Nader. Not content to sit on the sidelines and merely criticize the direction of the law, Mr. Spanogle can also claim credit for an active role in the preparation of Title 9A of the Maine Revised Statutes, as enaclcd by the 106th Session of the stale legislature. Study �October 2,1974 OPINION 5 LRPC Report on State and Local Gov't STATE AND LOCAL GOVERNMENTLAW PROGRAM municipal law practice (e.g., proceedings in the field of land use controls, and lawyers' skills brought to bear in collective bargaining with public employees); and (5) methodology, both (a) the methodology of the decision I. Introduction sciences applied to public policy formulation and analysis, During the past decade the Faculty of Law and and (b) statistical and empirical research techniques of Jurisprudence of the State University of New York at value to the lawyer or law-trained official addressing Buffalo has declared and reiterated its policy of problems of public management. Students majoring in state and local government law concentrating a substantial measure of its resources in teaching, research and related serviceactivities in state and would have ample opportunity to increase the breadth and local government law. The Faculty has implemented that depth of their special studies through law-related policy by expanding its state and local government law coursework in other departments or schools in this curriculum from a single course, given sporadically, to the University Center. offering of several courses each year. The number of faculty members devoting all or part of their teaching and 111. Training research to the field has risen from one or two to approximately eight; and specialized courses in state and local government law have increased to approximately ten, some given each year, others in alternate years. In addition, contemporary problems of urban society confronting stale and local officials are being probed with increasing intensity in courses of general coverage, such as constitutional law, torts, property, criminal law and clinical programs. These developments are the measure of the Faculty's curricular response to rapid changes in American life, which have shifted much of the attention of lawmakers, lawyers and the judiciary away from Washington to the state capitols and local scene during the past several years. The all too familiar "urban problems" (economic, social and educational inequalities, racial tensions, environmental deterioration, housing shortages, swelling of the welfare rolls, and overburdened health care, police, transportation, sanitation services, and other varieties of municipal services) have placed extraordinary strains on state and local governments, and on their relationships with each other and with their respective citizen constituencies. '•'■• -''. The corresponding need for changes in legal education is reflected in the introduction of a variety of specialized programs in a number of law schools throughout the country. To our knowledge each concentrates on a limited area of state and local government law. The most common specialities are urban law and environmental law. In view of the scope of the interests in state and local government law developed at Buffalo during the past decade and our unique position as the only law school in the State University system, we propose the establishment of a full-scale, broad-ranging State and Local GovernmentLaw - . Program. The major components would be (1) a concentration in state and local government law in the program leading to the first or Juris Doctor ("J.D.") law degree; (2) a Graduate Program, leading to a Master of Laws ("LL.M.") degree; (3) research; and (4) a service component, linked with teaching and research, which would begin with the holding of seminars for state and local government officials and attorneys, and over time provide a resource for municipal and state level legislators and other officials engaged in law revision, and in addition provide a program of continuing legal education in the field. 11.CourseConcentration in the J.0. Program The principal feature of the Program would be the expanding of opportunities for J D. degree candidateswho choose to specialize in state and local government law. Their program would begin early with a course in Fundamentals of Municipal Law given in the second semester of the first year to qualify them for upperclass offerings requiring familiarity with the basics of local government law. It would not be feasible to define the courses constituting the field of concentration beyond that. The titles and contents of teaching subjects in state and local government law are bound to vary from year to year. However, the ingredients of an optimum program would be so selected and arranged as to provide basic training in or knowledge of (1) the institutions and processes of the state and local governments concerned with local problems, including the processes by which public policies are formulated and decisions made for legislating, administering and enforcing them; (2) the functions of local governments and local authorities placing the heaviest demands on the attentionand skills of lawyers, including public and private attorneys concerned with the day-to-day operations of government as well as lawyers participating in the important work of legislative and administrative reform; (3) the more intricate problems of public finance commonly addressed by legal scholars and practitioners; (4) professional practice, with particular reference to aspects peculiar to major categories of — — Methods The Faculty is committed to the development of improved training techniques in response to (1) pressures for the reform of legal education in general, and (2) the need for pedagogical innovation to cope with non-traditional state and local government law subjects. Some steps already taken in this direction are: (1) The current School Law Clinic, concentrating largely on problems of student discipline; (2) The designing of multi-perspective courses, such as Government and Land and Public Utility Regulation, which integrate substantive training with particular practice skills; (3) The offering of "project courses," such as the current Municipal Law Seminar in which the students are assisting a task force of officials and citizens studying the impact of development patterns on energy consumption and devising development guidelines aimed at energy conservation;and (4) The design of an experimental Integrated Professional Practice Training Program which will provide training in negotiation, counseling, trial techniques and other practice skills for students formed into "simulated law firms" during the coming school year (with the expectation that parallel doctrinal and theoretical instructions will be given to students in two of the groups in the form of a component course in Environmental Management Institutions and Processes). ~ IV. The Graduate Program and approved by the candidate's Faculty Advisor. The additional coursework might be taken during the academic parts of the secondand third yearsof law school (and fourth year in the case of four yearsstudents in the J.D. program); or during the school year subsequent to the completion of residency requirements for the J.D. degree; or in one or more summer programs following the completion of the first year of law school; or through a combination of these, at the option of each candidate. In each case the timing, sequence and selection of courses would be determined in consultation with the candidate's Faculty Advisor. Each multiple-degree candidate would be required to satisfactorily complete the course in Fundamentals of Municipal Law, though in special cases an equivalent course might be substituted. With that exception, no common course list would be prescribed for all multiple-degree candidates. The curriculum of each_ candidate would be designed with the assistance, and be subject to the approval of, the candidate's Faculty Advisor to ensure balanced subject coverage, depending on the individual's special area of interest. Subject to the approval of his Faculty Advisor, a multiple-candidate, in accumulating the 96 credits for coursework required for both degrees, could take courses earning up to nine hours of credit in departments or schools outsideof the Law School. With like permission an LL.M. candidate could include in the IS hours of coursework beyond the ).D. requirement up to threehours of independent study, in addition to the maximum he earned or might have earned in qualifying for the ).D. degree. Continuation of the multiple-degree program beyond the J.D. degree would not be a matter of right. The performance of each candidatewould be monitored by his Faculty Advisor. Oniy those certified by the Graduate Program Committee, on recommendation of' their respective Faculty Advisors, as having the potential for undertaking and completing a dissertation exhibiting high quality scholarship would be permitted to pursue the LL.M. degree into the dissertation stage. Those certified would be required to complete their dissertations no later than one year following the awarding of their respective J.D. degrees. Extensions could be granted by the Graduate Program Committee under extraordinary circumstances. V. Researchand Service Components Faculty approval of the total Program here proposed Technological change, persistent economic disparities, will trigger an application foraccreditation of a post-J.D. social conflict, pressures on the public fisc, insatiable program leading the awarding of an LL.M. degree. But the citizen demand for improved and expanded municipal start and continuationof the Program will not depend on services and amenities, dwindling land and natural the inclusion ofthe LL.M. element. resources, the obsolescence of much of our urban Once accreditation isreceived students would have the infrastructure, and political resistance to institutional option of entering a multiple-degree program of reform at the local government level have combined to instruction leading first to a J.D. degree and ultimately to produce an accumulation of baffling legal problems the LL.M. for those who complete the program. Those providing exciting research opportunities for students and aspiring to both credentials might declare their intentions faculty in the Program. Many of the research subjects as early as the end of the first semester of the first year of bridge law and other disciplines well-represented in the law school. Their admission as joint degree candidates University Centerand will invite collaboration onlyrarely would be subject to approval by a Graduate Program found in iaw revision studies conducted in the state and Committee. Approval would be based largely on prior local government field outside of academic circles. Given academic performance. this resource and the Faculty's own commitment to train Qualified persons who have completed their first year law students in statistical and empirical research oflaw school here or elsewhere might be admitted to the techniques, the Program would stimulate urgently needed multiple-degree program after screening by the Graduate investigations into the workings of legal and other public Program Committee. institutions; and in doing so make valuable contributions Initially, at least, there should be no need to set a to the law reform efforts of legislators and other limit on the number of multiple-degree candidates. Upon government officials. This capacity has already been entering the program they would be required to take a demonstrated in the law and society and law and course on Fundamentals of Municipal Law, to be given in development programs within the Law School. By its varied nature the curriculum itself would the spring semester. It should be able to absorb all the first-year students admitted as multiple-degree candidates, provide considerable opportunities for research through as well as others. The course might be classified as either a the independent study option, project courses, integrated first-year small class elective accommodating a maximum substantive-law-practice courses dealing with of approximately 35 students, or as a first-year large class contemporary local government problems, and seminars. The dissertation would demand in-depth research by elective for an even greater number of students. Continuation past the J.D. phase of the candidatesreaching that stage of the LL.M. program. multiple-degree program would require an additional We have already established liaison with several approval by the Graduate Program Committee. This will be officials and municipal law practitioners, not only in our explained below. At that point the roster of candidates for efforts to enrich the curriculum through exposure to therr the LL.M. would be confined to a number the Faculty is personal experience and expertise, but also to develop a then capable of servicing. Ten would probably be the steady input of pressing state and local government law problems for faculty and student research. Three-way outside limit during theinitial few years of the program. To qualify for the J.D. degree, one must have faculty-student-practitioner relationships are evolving into •"" completed a minimum of 81 semester hours distributed a promising organizational mode for stimulating both over at least six semesters, and of that total must have library and empiricalresearch on such problems. These relationships would be increased and earned at least 72 credit hours with Honors or Qualified grades. Twenty-four additional credit hours with Honors* strengthened with the institution of one of more ongoing or Qualified grades would be required to earn the LL.M. series of seminars to be conducted under the auspices of degree. Thesewould include 15 credits for courseworkand the Program. The participants would include local * nine credits to be awarded upon the acceptance by the practitioners, state and local government officials, faculty Graduate Program Committee of a dissertation evaluated —continued on page 7— - — �OPINION 6 LRPG ReportLMProgam on Through last spring, Opinionpresented excerpts from and will need to be newly justified. Those failing this test contacted in the Faculty's recruitment efforts. It should be noted that a general improvement of the the Long-Range Planning Committee'sreports for the Law will be phased out (see "Ketter Reappointed: Ertell School's Master Plan. The last of those LRPC reports are Named Acting VP," The Reporter, September 5,1974, p.4 reputation of the Faculty will also serve to bring forward prospective faculty members who before would have now being issued, in preparation for facultyratification of col. 1). If resources cannot be found elsewhere in the hesitated to consider Buffalo as a possible alternative in the Law School Master Plan, which will outline the institution's development through the end of thedecade. University the Faculty should seriously weigh the their teaching careers. The LRPC's recent reports on the proposed LL.M. and consequences of a shift in its current resources to a LL.M. VI. Placement State and Local Government programs are published program. For example, the curtailment of the current herein. summer program would pose a serious inconvenience to Placement opportunities for students in both the students who find it necessary to graduate after 2/2 years LL.M. and J.D. programs should improve through the or to students needing make-up courses to complete their institution of an advanced degree program. The factors LL.M. DegreeProgram J.D. program on time. The establishment of an LL.M. foreshadowing this development are identical to those program will greatly benefit the Faculty in ways outlined which will serve to improve faculty recruitment efforts. Introduction in this section. It will also have serious costs which cannot Visiting faculty members and practitioners will have an be overlooked. opportunity to teach in Buffalo and develop an intimate The development of a strong LL.M. program within knowledge of the academic program of the Faculty and of the Faculty of Law and Jurisprudence can serve as a focal Why an LL.M. Program? the students in theprogram. for the solidificationof the academic program in the 'law school during the next seven years. The multiple benefits of such a degree program will resonate throughout the otheractivities of the Faculty. The program envisioned will consist of a two-summer commitment on the part of participating students to be satisfied between the freshman and junior years, and between the juniorand senior years.Students will enroll in two four-credit-hour courses the first summer. During the second summer two additional four-hour courses will be completed and work will continue on a dissertation which will be completed before the conclusion of the following academic year for an additional fourhours of credit. Upon receipt of the J.D. degree from an accredited Law School and completion of therequired 20 hours, graduateswill be awarded an LL.M. degree from the Faculty of Law and point Jurisprudence. In offering the LL.M. degree to students completing a two-summer course of study, the Faculty will be creating a uniquedegree program which will offer qualified students the opportunity to complete both the LL.M. and J.D. (or LL.B.) programs in the time that would normally result solely in the attainment of the first law degree. This feature, and the inherent quality of the program, should attract a first-rate student body. The LL.M. program will also have several other featureswhich will make it particularly attractive for both students and faculty. One such feature is the utilization of faculty members from other universities and prominent practitioners in the field to supplement the teaching capabilities of the Faculty. This melding of academics and practice in a University setting should be of special appeal to both sectors who will have an opportunity to exchange information and ideas on a face to face basis. Students should also feel satisfied with the well-rounded education such an enterprise would provide. Other benefits that would be especially appreciated not only by the students in the LL.M. program, but also by those in the J.D. program, include: bolstering the efforts of the placement office through the establishment of an informal network to be called upon when needed; the influx of additional resources that would mandate and allow the expansion of the collection of library materials and the increase in staffing; and the increase in the quantity of course offerings available to students in the J.D. and LL.M. programs. There will also be a better utilization of the physical plant by increasing summer use of classrooms and a library that would otherwise remain basically idle. The introduction of new specializations within the LL.M. program will have a mutually beneficial effect on already established specializations. Joint course offerings will become increasingly feasible with consequent economies. Other opportunities for the pooling of resources will become available (i.e., acquisition of library materials suitable for two specializations). The reputation of established specialized degree programs will give an initial respectability to new programs. Finally, the concept of an LL.M. offering by the Faculty is not new. This should be emphasized In any specific LL.M. proposal. The LL.M. degree at Buffalo was included in: the Campus Academic Plan of 1966 prepared by SUNY Central; the 1967 SUNY Development Plan; the 1968 SUNY at Buffalo Master Plan; and the 1973 SUNY at Buffalo MasterPlan. In thislast plan, the M.A. and Ph.d. degrees were added to the list of anticipated degrees to be offered by the Faculty. The commitment of Faculty resources to any LL.M. specialization should be made with caution. The University has been in a zero-growth budget in the recent past, it is unlikely that this will change in the near future.Financial support will have to be reassigned from an existing program in the University to the LL.M. program though not necessarily from the Law School. Dr. Ketter has indicated this disposition to shift resources on a University-wide scale. Old programs are to be scrutinized , This knowledge will enable the participants to aid the The basic reasons that justify the establishment of an placement of individuals in the program. The Placement LL.M. program have been outlined in the introductory and Career GuidanceOfficer will have newresources to tap section. Thesereasons will be expanded on here. when soliciting placement opportunities for our graduates. Graduates of the program should find their skills I. Uniqueness readily marketable since the Faculty will have selected The program proposed will not be looked uponas just degree specializations in anticipated "growth "areas of the any distinguishing advanced law without Law. degree another features. By allowing a student to complete the LL.M. As the reputation of the institution and its graduates program through attendance at summer courses, the improves the Faculty may find itself on recruitment visit Faculty will be offering a unique opportunity for students lists from which it was previously excluded and may also to complete a basic and advanced law degree in the time find its graduates under serious consideration for job normally allocated to the attainment of the first law opportunitiespreviously unavailable. , degree only. A summer program will not only attract excellent VII. Library students but will also allow the participation of visiting The implementation of a new academic program prominent practitioners members and the field in faculty who would not have the required time to participate in a within the Faculty will provide new impetus to the expansion and supplementation of the existent collection regular semester program. of the Law Library. Advanced degree programs will require varying improvements in different subject areas as they are W.Need included in the LL.M. program. A summer program will The need for an LL.M. program in a specialized area is allow for a moreefficient use of library facilitieswhich are an elusive factor to determine. The faculty can generate its generally under-utilized duringthat time. own answer by developing specialized programs in what it This influx of new resources will provide the library judgesas "growth" areas of the law (i.e. International Law, with an opportunity to expand and improve the services State and Local Government). By anticipating future now offered to, library users. Aside from the expanded demand for professionals trained in these specialized areas collection, the library will be able to concretely justify the of the law, the Faculty will be able to allocate its resources expansion of staff necessary to provide the services wisely. commensurate with the initiation and the conduct of an advanced law degreeprogram. Academics 111. VIM. Students The introduction of the LL.M. program will have a The upgrading of the student body is in some ways positive effect on the academic program of the Faculty. By utilizing visiting faculty members and practitioners to the most important outcome of the initiation of an LL.M. program. All the other factors heretofore discussed that supplement the resources of the Faculty, the program will allow the creation of new courses heretofore unavailable. justify the creation of an LL.M. program will serve to These new courses will supplement and improve the encourage the application of students of increasing caliber to the J.D.program. academic program of the Faculty. The improving quality of the student body will have a effect on the expanding reputation of the complementary IV. Reputation school. It will encourage visiting faculty members and -The reputation of a- law faculty is important not only practitioners to participate in the program. Placement because of the student body it can attract, but also efforts should be aided by a growing respect for the because of the faculty members it encourages to come to graduatesof the Faculty. the schooland the additional opportunities for placement that become available for graduates from a school with an Required Resources above average reputation. A respected law faculty will also find it easier to attract support for research projects The development of an LL.M. program will require through outside grants. the commitment of future resources of the Faculty. program well-run of the envisioned A LL.M. nature in Savings that may be realized by the sharing of resources by this plan will serve to bolster the reputation of the specialized LL.M. degree program may be offset by the Faculty. The reasons for thisinclude: the participation of need to develop sdministrative staff positions on a year visiting faculty members and prominent practitioners in rpund basis to coordinate and oversee the LL.M. program the field will give a number of key individuals a personal as a whole. It is advisable initially that an individual experience with the faculty in an excellent program it is professor be designated "Program Director" of each degree unlikely that they will keep such information to specialization approved and allocate a designated time themselves; the creation of a unique program of special commitment to overseeing the program in his or her appeal to students; the initiation of graduates of the specialization until a more formal administrative program into the working and academic world. mechanismis required. • — V. Recruitment The recruitment of new faculty members will be greatly aided by the establishmentof an LL.M. program. One obvious reason stems from the participation of individuals outside of the Faculty in the program. These individuals will* have an opportunity to view the operation of the law school firsthand. Even if these participants are not themselves recruited at a later date for permanent facultypositions, they will have gained a knowledge of the academic program of the Faculty which should easily find its way into the grapevine and encourage others to come to Buffalo. These former participants could also be tapped for their awareness of promising individuals who might be Procedural Program Requirements for Establishing an LL.M. The University has an established procedure for the authorization of new degree programs. Aside from approval by the Faculty of Law and jurisprudence, the degree program must be approved by the GraduateSchool; Vice President for Academic Affairs (formerly Academic Development); Office of Admissions and Records; University President; Central Staff of SUNY; and the State Education Department. Application may not be made for general authority to offer the LL.M. degree but must be sought anew for each additional specialization (1.c., International Law, State andLocal Government). �October 2,1974 OPINION 7 Attica Brothers Cite Prejudice LRPC Govt -continued from pane 5- members, student participants in the Program, from time to time faculty members and graduate students from other departments of the University, and occasionally outside experts in particular fields. Seminar topics would be derived largely from contemporary issues confronting government agencies in the Niagara Frontier. Professor Wade Newhouse has already formed one group of attorneys for school districts who are now in the process of planning seminars or conferences on school law responding to requests for legislative drafting assistance in areas of their special interest and competence. A similar student operatedorganization might be desirable to service municipal officials in other ways, where, for example, the end product is a memorandumof law, interlocal agreement or other legal document, rather than a bill draft. The organization would be manned by participants in the proposed Program. If the coastal zone management law project is funded, problems. the research of the fellows working in it is expected to Discussions are now under way which will probably provide a valuable resource for state and local agencies lead to the formation of a Law and Education Center, now coping with that kind of environmental law problem. joining faculty members and other resources of the Law Eventually it is hoped that the activities generatedby School and Department of Education of the University. the Program would produce expertise useful to joint The encouraging or undertaking of research is a major legislative committees or otherlaw revisioncommissions or objective of the Center. committees devoted to the reform of laws relating to An application is now in preparation for funding in local-level problems. 1975 of a coastal zone management law project which would be undertaken under the auspices of the State and Local Government Law Program. It would provide 10 VI. Program Administration fellowships of $1,400 each for students, many if not most of whom would be joint degree candidates under the The Program would be administered by a State and Program, or in any case concentrating in state and local Local Government Law Program Committee. The Program government law in their J.D. programs. The recipients Committee would consist of a Chairmanand other faculty would engage in research on a variety of problems members with appropriate teaching and research interests, confronting local governments in the management and as well as student representatives. One of the faculty protection of lands in inland coastal areas. members, to be designated Program Secretary, would be Service to the community would not be a major assigned major administrative responsibilities irr the objective of the Program, but would be an important operation of the Program. by-product. Once the Program gains momentum and Existing or additional clericaland secretarial personnef attracts the attention of state and local government should be assigned to the Program to assist in (1) meeting officials, we would anticipate a constant flow of requests special secretarial needs of the Program; (2) collecting, for assistance in solving municipal law problems. assembling and maintaining state and local government law Institutional arrangements would be devised and efforts materials, such as local government legislation, forms and made to honor those requests bearing on problems shared other documents, not normally obtained and maintained generally by local governments and having close affinity to by the Law Library; (3) maintaining records relating to the curricular and research concerns of the Program. One work of joint degree candidates, other than the routine vehicle now exists. The Buffalo Legislative Project, a records maintained by the Registrar of the Law School; (4) student-run organization, undertakes research and drafts communicating with outside officials and lawyers bills for state and local legislators or other officials. participating in the Program; and (5) in the preparation of Students participating in the State and Local Government agenda for and tending to other administrative details of Law Program might provide a resource for die Project, in the school-community seminars. y viivv yj i> > diiu in \j idiu were kiiicu uy police bullets. On September 3, 1974, trials were scheduled to begin for some of the sixty Attica Brothers who were involved in that uprising. (No guards or law enforcement officers or officials were scheduled to begin trial then or ever.) But as the week went by it became apparent that pre-trial issues were far from exhausted. New motions for dismissal and change of venue were based on the Erie County Fair Jury Project report, which earlier had served to eliminate 100,000 potential juro from the county rolls on the grounds that Black peop women, and young people were all systematica discriminated against and, as a result, gross under-represented. Attica Brothers Legal Defen spokesperson Beth Bonora, who coordinated the ju study, claims that due among other things to fa statements about the prisoners' treatment of hostage spread deliberately by state officials, it would not possible to pick an impartial jury from the citizensof Er County. She pointed to unsupported claims that throa were slit and hostages castrated, as particularly prejudici The defense has also been put at a disadvantageby the state's having had almost complete control of the evidence — — — for fifteen months before indictments were handed down. According to Ms. Bonora, discovery orders which were supposed to force the state to hand over evidence last February have not yet been fully complied with. Furthermore, the fact that two Grand Juries are still sitting and able to hand down additional Attica indictments is said to deter some potential defense witnesses from — — AJtLD.. Lack of funds, too, is a perennial problem for Though the defendants' indigent status should entitle them to lawyers paid by the court, ABLD has received no money from the state. Meanwhile, the defense claims, the prosecution has spent $8 million. -continued on page eight JANUARY GRADS: Mi. The success of this Course is due to a combination of factors. First, PLI has an outstanding faculty of law school professors, all of whom are expertin the particular areas of New York law which they teach. The professors review and where necessary rewrite their materials for each course to keep you up-to-date on new law in their respective fields. (13 handbooks) Corporations Criminal Law Domestic Relations Equity Evidence Federal Jurisdiction Suretyship Taxation Torts Trusts Wills* Administration Contracts furnished each enrollee. The Compendium consists of 13 soft-bound handbooks which include 12on substantive law and one on evidence. This set of h and books is not only extremely useful to successful preparation for the New York Bar Exam, but it Is also an aid to your practice after you have been admitted to the Bar. PLI Bar Review Library Expertly edited to assure maximum usefulness in preparation for the New York Bar, these books substantially reduce the need for laborious note-taking. The library comprises a full set of substantive and adjective study materials. This library includes: (1) 1974 COMPENDIUM OF NEW YORK LAW Constitutional Law Insurance Labor Law Mortgages Municipal Corporations New YorkPractice Perpetuities Product Liability Real Property Conflicts Second, a full set of review materials written by these teachers and edited by PLI legal editors is Third, the PLI Bar Review Course offers both lectures and. clinics in which typical exam questions are dissected and proper answers are illustrated. Instruction is also given on preparing for the Bar Exam, as well as on techniques in answering the short answer, multiple choice and essay sections of the exam. Administrative Law Agency & Partnership Bailments & Carriers Bankruptcy Canonsof Ethics Commercial Paper - Sales Secured Transactions Problem Analysis Clinics In addition to lectures on the adjective and substantive subjects covered by the PLI Bar Review Course, an additional 27 hours will be devoted to helping students develop the techniques necessary to answer adequately Bar Exam essay, multiple choice and short answer questions. A primary reason for students failing the Bar Exam has been their inability toapply their knowledge to a given problem. In the Problem Analysis Clinics, the correct approach, method of analysisand form of answer are explained and demonstrated. Valuable guidance is given on the techniques of breaking down complicated fact situations into the diverse Issues involved. Three sample take-home essays are issued prior to the Problem Analysis Clinics by Professors McLaughlin, Siegel and Hawkland. Model answers are then distributed for discission by the Professors so that all students have an opportunity to learn theirstrong and weak points in essay writing. Seml-annuatly updated, revised and streamlined surveys of New York black letter law, these convenient hand books offer comprehensi ye outlines of all the required subjects. A necessary tool for understanding New York and substantive Short Answer, Multiple Choice Analysis Clinics law. NEW YORK LAW OF EVIDENCE by Dean Professor Kass- will devote nine hours to short loseph M. McLaughlin, Fordham Law School. answer and multiple choice questions, similar to The Rules of Evidence presented in compact form those that have appeared in past Bar Exams. He by Dean McLaughlin. will teach techniques of analyzing and answering (2) Two volumes of Questions and Answers the three types of Yes-No's which appear ori the frequently appearing on the New York Bar Examination. Answers to questions similar to those Bar Exam, consisting of approximately 400 will not be a mere Yes orNo; reasons, explanations pages. and citations will be given. (3) Supplementary Materials. Mr.Kass has conducted the Kass Problem Analysis Subjects Clinics in New York for many years and will The followingare subjects within the scope of the continue to conduct his own course in essay tsxam on which you may be tested. All are covered analysis in addition to his participation in our ii ilid I'l I H.it Review Tourer Tuition Because PLI is a non-profit corporation the tuition fee for the 1975 WinterBar Review Course is $ ISO. This fee includes the lecture course, the problem analysis clinics and the PLI Bar Review Library. Faculty PLI has an outstanding faculty of law school professors, all of whom are experts in their particular areas of New York Law. The professors review, rewrite and supplement their materials for each course to keep you up-to-date on new law in their respective areas: Thecurrent facultyincludes: Sheila L. Birnbaum E.Allan Famsworlh -.-,,'.' Professor, Cornell Law School Eric ]. Schmertz Professor, Hofstra University School of Law Bernard Schwartz Edwin D. Webb Professor, New York University School of Law Milton ASilverman Professor, New York Law School McCormack Professor, Columbia University School of Law -Walter G.Farr, Jr. Professor, New York University School of Law PLI Bar Review Director: BenjaminH. Skor MiltonG.Gershenson Professor, Brooklyn Law School The PLI Promise If you take the PLI Bar Review Course and you do not pass the Bar Examination, you may attend the lectures again at a reduced rate of $100. This fee will Include the PLI Bar Review Library (Compendium) ifa new edition hasbeen published since you took the exam. MartinR. Hauptman Professor, Brooklyn Law School William O. Hawkland Universityof Illinois Law School Former Provost and Dean, Buffalo Law School Professor, Michael M.Martin Associate Professor, Fordham University School of Law Ernest F. Roberts David D. Siegel Professor, Albany Law School Associate Professor, Fordham University School of Law Legal author, lecturer and Director of the Kass Problem Clinics Joseph M.McLaughlin Dean and Professor, Fordham University BertS.PruntyJr. Dean, University of Maine For Information If you have any questions about the PLI Bar Review Course,please address all inquiries to: Bar Review, Practising Law Institute, 1133 Avenue of the Americas, New York, New York 10036. Ph0ne:(212)765-5700. , Note: the PLI Bar Review Course Is certifiedby the New Yoirt State Board of Education for the trainingof veterans. Upon enrollment, allveterans should apply to the Veterans'Administration, 252 Seventh Avenue, New York, New York 10001 for a Certificate of Eligibility. Veterans residing in other states should contact PL I for further information. , ThePre-Bar Course will start in October. All Interested students are invited to 1 an informational meeting on Thursday, October 3rd at 2:30 p.m. in Room 213. For more Information contact PLI Representatives Elliot Schliessel ffiVUHfi) or Winnie Dudley �LRPC Govt -continued from page 7- VII. Resources We do not anticipate the need for special designation of faculty members or the allocation of specific faculty loads to manage the coursework identified with the Program. At this stage, we do not foresee the need to conduct special courses exclusively for LL.M. candidates in the Program. The total student enrollment in the Law School's J.D. program would not be increased. The number of students in residence at any given time might be increased to the extent LL.M. candidates who have completed their J.D. work may enroll for an additional semester. But this number is expected to be small. Generally, the students in the multiple-degree program would be absorbed in the regular curriculum. Those seeking additional 15 hours of credit to qualify for the LL.M. degree would inflate enrollments during the summer sessions to someextent, and mightconceivably compel the addition of one faculty fine in the summer program. Faculty supervision of the programs of individual multiple-degree candidates, especially in connection with their dissertation research and writing, would impose burdens that are difficult to quantify but would be nevertheless felt. If as many as 10 candidates were in the dissertation stage during a given year, the costs of faculty supervision of the entire Program might be estimated, roughly, as the equivalent of from one-half to a full workload of a -full-time faculty member. Whether this would require the appointment of additional faculty would depend on a number of variables not yet predictable, such as the extent of faculty time available from other quarters to fill gaps created by instructors devoting substantial time to this Program; and the total number of courses required to fulfill the total commitments of the Law School during the given period. A principal reason for the overlapping, multiple-degree scheme is to obviate the heavy costs to both the Faculty and participating students of extended additional residency in fulfillment of the LL.M. requirements. The morp-fractional tyße of LL.M. program requiring one year of-residency beyond the third year of law school is beyond the reach of most law studentsunless subsidies in the form of fellowships, assistantships or internships are available. The prospects of obtaining large University or outside funding for this purpose are not good. It would be desirable if some funds could be obtained to support academic-year or summer studies by multiple-degree candidates in the proposed Program, or to help support candidates during the months followingreceipt of the j.D. degree when they are concentrating on theirdissertation work. However, the obtaining of such fundsshould not be regarded as a sine qua non. Open Letter -continued from page 3- visiting appointments, of faculty on leave or sabbatical, since the absence of key faculty can and has resulted in major deficiencies in certain areas. Such deficiencies have interfered with the development of sequences and the opportunity for students to specialize in areas plagued with temporary deficiencies* areas such as Labor Law with Professors Atleson on leave and Kochery about to take sabbatical. Fifthly, with the collapse of the ten interdisciplinary appointments the Administration had been counting upon, _ / . we believe it wise to refrain from a further commitment of Law School lines to specifically interdisciplinary courses, preferring instead that the Law Schooldirect students with interdisciplinary interests to existing jointdegree programs or at least advise them to take particular course offerings in other departments. Lastly, we wish to reiterate our concern over present budgetary priorities, as the continuing diversion of resources to narrowly-specialized modes of instruction accommodating fewer students can only have a detrimental impact on the professional program and any possible concentrations therm in this time of budgetary cutbacks. A strong professional program with sequences as proposed should, we believe, be the first priority, and that necessitates the immediate remedying of recognized deficiencies with the budgetaryresources nowavailable. In conclusion, we wish to focus the faculty's attention not so much upon our criticism of certain programs, though we have found it shared by many faculty, as upon our positive suggestions for strengthening the professional program, which suggestions we ask be written into the School's forthcoming Master Plan for implementation hopefully within the next year. In this, we trust that faculty and students will become united in furthering our common desire to better the School 'and the profession. Raymond J.Bowie DonaldLohr Benjamin R. October 2,1974 OPINION 8 Idzlak Daniel R. McDonald lan De Waal John M. Mendenhall Mark A. Llnneman Alumni Line PAD Reorients Activity; by Earl S. Carrel Another school year has started, and with it another issue of the Opinion and another Alumni Line column. For those who are just beginning their careers at O'Brian Hall and for those who are beginning their careers out of O'Brian Hall, we wish you the best of luck you'll need it. A re-introduction to Alumni Line is probably in order at this time. It is a column written by an alumnus for a student paper which, several years ago, decided that the Law School was more than a self-cqntained entity. It is a forum for class notes, comments on the Law School and the legal profession, sometimes referred to as the "Law Business" and a vehicle whereby interested alumni can let their thoughts -be known to students, faculty, and other alumni. Items of interest and comments are appreciated and encouraged. Just send them in to Alumni Line. Not everyone agrees with the thoughts set forth in this column. My critics include Don Lohr and Bill Greiner, both of whom although Greiner was were wrong presenting a well-researched, well-developed argument which just did not make it. Past presidents of the Alumni Association have also seen fit to comment on my comments. All critics are welcome, but forewarned to come well prepared. — - Norman C. Hise, '25, died July 7,1974. Charles /. McDonough, '28, died August 16, 1974. Mr. McDonough was a member and vice-chairman of the Canisius College Board of Trustees, a former member and president of the Buffalo Board of Education, and a past president of the Erie County Bar Association. He received the Law School's Distinguished Alumni Award in 1967. Passes Resolution Carlos C. Alden Chapter of Phi Alpha Delta Legal Fraternity has, after several years of relative inactivity at the Law School, reoriented its activities with an influx of new members and under new leadership. PAD, which last year sponsored several panel discussions, this year has constituted itself as a lobbying force for strengthening the professional program, inculcating professionalism In the study and approach to taw, and expanding opportunities here for the student intent upon practicing law after graduation. Approximately a dozen first-year students have been initiated as associates recently, while another membership driveis being planned toreach second-and third-year students. Officers this year are Ray Bowie as Justice,Don Lohr as Vice-Justice, and Mark Linneman as Clerk. Turn of the Screw by lan DeWaal The new revised student handbook is now available. For those students who did not receive a copy in class, extras are available in the Registrar's Office, 304 O'Brian. The handbook contains a thorough assortment of academic rules and policies as well as invaluable general information on how to get most things accomplished within the university framework. Thebook also contains the Court of Appealsrequirements for admission to the New York State Bar. Please be sure topick upa copy. All students will be expected to be familiarwith the regulations of the Law School as printed in the manual. There is one important note: where reference' is made to seeing the Assistant Dean for a particular procedure,please see the Associate Dean Robert Fleming. Abraham R. Kmhner, '29, died July 7, 1974. John E. Leach, '32, died July 10,1974. Mr. Leach, a partner in the firm of Brown, Kelly, Turner, Hassett, and Leach was Chairman of Hie New York State Bar Association House of Delegates at the time of his death. He had been a member of the NYSBA Executive Committee since 1965, and was Chairman of the Bth Judicial District Character Committee. Mr. Leach was also counsel to the State University of New York at Buffalo. He was a past president of the Erie County Bar It is important thatall students Association. verify their class registration to (the University Sebastian J. Bellomo, '34, former Chief insure thatSARA Computer) has a record of your Judge of Buffalo City Court was appointed registration each in course. If you to a nine-year term on the New York State have not picked up your most Court of Claims. recent class card after submitting a David C. Adams, '37, vice-chairman of change of registration form, please the Board of the National Broadcasting do so as soon as possible. This will Company, received a Distinguished Alumni avoid problems later such as Award at the U/B General Alumni Board receiving "F" grades for classes Dinner in June. never attended and not being allowed to take a final in courses John T. DeSantls, '39, died August 17, 1974. Judge DeSantis was a member of the Niagara Falls City Court since 1964 and served as Chief Judge from 1970 to the time of his death. nomas 1. Ryan, '48, died July 9,1974. Formerly a partner in the firm of Frey, Russo, and Ryan, Justice Ryan was appointed U.S. Commissioner for the 3,1974. whereattendance had been regular but registration had never been satisfactorilycompleted. All students with work-study awards who are not yet placed, please see me as soon as possible to avoid having your award withdrawn. No one will be permitted to retain the award who does not commence filing time sheets this semester (not in December either). Scholar Incentive rejectees: If you have been denied financial emancipation statusby theScholar Incentive Bureau, could you please leave your name and number with me. I am trying to find out how many students are in this position at thelaw school in anticipation of possible legal action. I am particularly interested in individuals who claimed that they were emancipated commencing within the time period January 1, 1973 toSeptember 1,1973. Also, on Scholar Incentive: don't feel alone if you applied for Scholar Incentive last June Ist and have not heard anything from them despite the fact that you have also written asking about the disposition of your application. This is apparently a very common occurence this year. If you are concerned about payment of your tuitionbill, please see me. "Literally, a man is what he. thinks." Western District of New York in 1960. He was elected to Buffalo City Court in 1966 and to the Supreme Court in 1969. Since earfy 1974 he had served as Administrative Judge for Criminal Justice in the Bth Judicial District. Ann T. Mlkoll, '54, Justice of the New York State Supreme Court for the Bth Judicial District, received a Distinguished Alumni Award at the U/B General Alumni Board Dinner in June. Frank W. Dombrowskl, '55, died August Last week, PAD endorsed a resolution to the faculty questioning certain aspects of the new Criminal Justice Specialist Program that "envision the attitudinal and behavioral modification of participants so as to sensitize them tocertain specific social pressures and ideological perspectives." The resolution expressed opposition to any program which seeks attitudinal modification as a preset end and which assumes that participating students ought to share thefaculty supervisors' critical appraisal ofthe subject of study. PAD asked the faculty to eliminate such elements from the program and insure that no attempt is made to proselytize particular attitudes or ideologies through theprogram, as this latter was said to be "inconsistent with academic freedom, the impartial provision of legal skills, and the best interests ofthe profession." Greg Fabiantki 360 Delaware Avenue Buffalo, New York 14202 Telephone: 8541846 Connecticut Mutual Life awe the chip coMP/uvr • since j«6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-10-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/2/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/212fee23c62dc05f8650b666dadc912a.pdf 1f70e63e95bb8b97bd73ad6c23016aa0 PDF Text Text Non-Profit Organization 1U.S. Postage PAID Buffalo, New York Permit No. 708 Vol. IS, No. 2 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion State University of New York at Buffalo School of Law Breitel Proposes Appointed Judges by MatthewLeeds - Oct. 17,1974 DESMOND BEGINS; DESMOND SPEAKS by Ray Bowie judge Desmond, who as Chief J udge and for 20 years as Associate The 9th Annual Charles S. Judge of the Court of Appeals, Desmond Moot Court Competition heard an estimated 11,500appeals, was launchedlast Wednesday when stated that he had "been on courts Moot Court Board hosted former long enough to see and feel this Chief Judge Desmond of the State fabulous development over 25 Court of Appeals, who addressed years," particularly in the areas of over 100prospective candidates on criminal rights and torts. The the subject of appellate advocacy lawyer's courtroom work, he prior to the distribution of this concluded, was of "prime year's competition problem. importance" in this development, F o 11owing J udge Desmond's for "it is the thrilling work of the address, approximately SO lawyer, the romantic aspect two-person teams, the largest where one feels the glow ofvictory number ever, received copies ofthe and the chillof defeat." competition rules and the 1974 Charles S. Desmond, former Chief Judge Judge Desmondalsoadvised the State Court of Appeals, addressing Desmond problem, which was of prospective Moot Court Competitors. competition contestants on written by threeMootCourtBoard briefing and argument techniques members over the summer. The campaigning. problem this year involves a cease Moot Court Competition was as practiced in contemporary Of his campaign for the position he now holds, Judge Breitel appellate courts. years ago, spoke named nine desist order issued by a remarked, "I was elected last year for reasons I am not at all sure and hypothetical state human rights informally on appellate practice, why." He further,asked plaintively, "What in Heaven's name elected The Desmond Competition is noting that while appellate me?" Badgered by campaign advisers and convinced by necessity, commission against newspaper advocacy was only a small part of held each fall for teams of firstand publication of advertisements for Judge Breitel said that he was forced to allow his campaign forces to year students, though the second practice, law it is instrumental to collectand spend $500,000, much of it for televisionadvertising, in an employment in South Africa, the growth and change in the law rules this year prohibit which advertisements the effort to get him elected. single-person entries for the first wroughtby the courts. Judge Breitel suggested that a confirmationcommission, although commission claims are continued on page8 abandoning direct election, would still uphold the democratic tenet discriminatory commercial speech that "the judges belong to the people" by leaving the power of but the newspaper claims are proappointment in die hands of the executive, an elected political tected speech under the First representative. The Chief Judge also suggested that the collaboration Amendment and a treaty of laymen on similar existing panels had proved that such input from provision. Competitors have a month tp preparebriefs on the side without the legal system can prove most valuable in practice. However, Judge Breitel asserted that the discipline of judges of the commission or the In the aftermath of an open letter addressed to the faculty after which they will should be "almost exclusively in the hands of judges" rather than in newspaper, recently by a group of students concerned over academic priorities, a enter a series of oral arguments the control of lawyers or laymen. In support of this position, he cited series of informal meetings has taken place thelast two weeks between a necessity of disciplinary boards to be familiar with judging, a during the third week of faculty involved in program planning and signatories to the open letter "specialized branch of the law," in order to be able to competently November. In his introductory address, in an attempt to resolve particular differences. evaluate judges from the perspective of experience. Immediately following the issuance of the open letter, Provost continued on page 4 Judge Desmond, for whom the Schwartz met with the signatories in a lengthy discussion of academic priorities and faculty appointments. Reports of the meeting indicate that the Provost and the students generally agreed as to professional program needs and the necessity for insuring that the final five expected faculty lines are devoted to the professional program, but disagreed over whether faculty should be sought on the basts of their academic reputations or on the basis of subject areas needing to be by Ray Bowie taught. The Provost reportedly defended the former position, while the studentsadvocated the latter. Howard Phillips, former acting director of the Prof. Barry Boyer, who had authored a letter replying to the OEO under President Nixon, spoke at the Law Distinguished advised the signatories to channel their input through the students, School last week at the invitation of Long-Range Planning Committee charged with developing the School's Visitors Forum on the subject of political activism in master plan. Two of the students, Don Lohr and Ray Bowie,addressed federal legal services. the Committee on the subject of the course sequences that the open Mr. Phillips, who presently lectures and writes proposed, and, while the consensus of the Committee was that letter on the federal bureaucracy from a conservative formalacademic concentrationswithin the J.D. might not be desirable, perspective, enunciated his major premise to be that the Committee did endorse the grouping together of courses in certain public policy should not be determined in a manner subject areas in the catalog so as to permit informal concentration. unaccountable to the taxpayingmajority. Profs. Norman Rosenberg and Paul Goldstein discussed two Citing the growth of a "national legal services clinical programs which had been questioned in the open letter, the network" since 1965, with a projected $100 million SLF's and the Criminal Justice Specialist programs, with several of the budget under the new corporation, Phillips stated signatories last week, as a result of which discussions, several that because it could function as virtually "the misunderstandings were reportedly removed. nation's largest law firm," federal legal services had Mr. Rosenberg defended the SLF's as professionally-oriented and political concentration of become an unaccountable denied that the Criminal Justice Program was designed to effect power in the hands of private parties. With federal Howard Phillips, Former OEO Director (1973). attitudinal modification in participants, though admitting that "poor subsidies for transportation, facilities, research, and Lawyers Rights National National Guild, wording" in the proposal might have given that impression. He noted, Welfare training, the private non-profit organizations comprising the legal services network are able, he Organization, and other left-oriented groups. In too, that both the SLF's and theCriminal Justice programs either were alleged, to lobby and litigate their political objectives other cases, "politically influential people" dominate funded by outside grant money or else drewupon existing programs legal services organizations and are able to direct the for most oftheir support, pledging that the Law Schoolwould rather into effect. see their discontinuation thandivert professional program resources to Commenting on the nature of these private organizations to political goals, he declared. Phillips further contended that legal services sustain them in the future. Two of the signatories later expressed organizations participating in the legal services attorneys were registered lobbyists in some states, satisfaction with thisdiscussion. program, Phillips said thatmany such organizations continued on page 5 continued on page 5 reserve assigned seats on their boards for the ACLU, Charles Breitel, Chief judge of the-New York State Court of Appeals, deploring the New York practice of electing judges and calling it his "top priority" for judicial reform, urged the appointment of judges in the state by the executive aided by a "confirmation commission." "Anything would be better than we have now," he told a packed Moot Court Room audience on October 3. Judge Breitel also advocated a system of judiciallyadministered discipline of judges. He delivered his remarks as a guest of the SBA Distinguished VisitorsForum and Phi Alpha Delta. The Chief judge recommended a "confirmation commission" composed of people from many walks of life that would, over a sufficient period of time, contemplate the fitness of candidates nominated for judgeshipsby the executive. Such a system, according to Judge Breitel, would relieve such alleged current problems in judicial elections as voter ignorance, insensitivity to abilities and issues, political pressure on candidates, questions of legal ethics, and the time-consuming pressures of Zaetsch . Faculty, Students Discuss Issues In Open Letter Former OEO Director Attacks Activism In Legal Services - Zaetsch �October 17,1974 OPINION 2 Editorials The Judiciary, the Morass President's Corner by DonLohr was niehter intended nor present under any reasonable to dispel any interpretationof the main thrustof would like I lingering misunderstandingrelated theletter taken as a whole. Third, the main thrust of the to the Open Letter to theFaculty of September 16, 1974. First, I letter is exemplified by the five signed as an individual and not in suggestions described in the letter. the capacity of President of the StudentBar Association. All of the The first dealt with the concept of signatories of the letter signed as concentrations, the second with the relation between the seminars individuals and not on behalf of and proposed concentrations, the any organizationwhatsoever. Second, I would like to thirdwith the possible notation of a concentration on the diploma, unequivocally state that the true and original intention of all the fourth with replacementof key concerned was to setforth positive faculty members on leave or and constructive proposals with sabbatical, and the fifth with a respect to the prioritiesofthe Law greater utilization of the Joint School which do not necessarily degree program in light of the have to be recognized as contrary withdrawal on the part of the to any extant or proposed University Administration of the program. A challenge or attack on ten interdisciplinary the merit ofany particular program appointments. In the welter of political campaigns bidding for public attention this fall, prospective lawyers, particularly those intending to practice in this state, should focus special attention on the four candidates seeking election to the two vacant Associate Judgeships on the New York Court of Appeals, that court wherein lies ultimate responsibility for the interpretation and application of New York law. In the morass that is judicial election, appropriately denounced by Chief Judge Breitel just last week in an address at the Law School, incumbent Associate Judge Harold A. Stevens, whose competence on the bench was recognized in the endorsements he received from the state's three other major parties, lost the Democratic nomination in the September primary to trial attorney Jacob Fuchsberg, who sought the Chief Judgeship unsuccessfully last year on the basis of a stack of money, the exploitation of the "Baby Lenore" case, and a slick Madison Avenue campaign touting him as a "chief-ish kind of man." Judge Stevens, the only black on the state's highest court, has earned a rating of "highly-qualified" from the by J.Glenn Davis New York State Bar Association, acclaim for his judicial competence, and a reputation for fairness indicated by the It is with some regret that I feel Republican, Conservative, and Liberal endorsements. Mr. on the Fuchsberg's qualifications this year are the same as last year, compelled toofcomment certain officials of when his NYSBA rating was a frank "unqualified," though performance Bar Association he stands the unfortunate advantage of better voter the Student concerning the handling of a identification due to his lavish advertising. The choice is matter related to BALSA'S clear, and we endorse the candidacy of Judge Stevens while Minority Lawyer Symposium. encouraging voter rejection of Mr. Fuchsberg. AlthoughI stopshortofsuggesting •' Fourth, I firmly believe that articles in newspapers should be considered as reflecting a certain amount of journalistic freedom and that the views expressed therein should not in the remotest sense be attributed to others. The letter was a complete document and should not have been construed in the context of, or along with, any extraneous journalistic material such as that appearing in The Spectrum, although use of Opinion was required to achieve wide, internal circulation. Lastly, the best interests of the Law School are served by those having different philosophies, ideas and commitments working collectively in the spirit of cooperation andmutualrespect. Our Kafkaesque SBA The other two candidates for Associate Judgeshipson the Court of Appeals, Justices Lawrence Cooke and Louis Greenblott of the Appellate Division, Third Department, have received the Democrat-Liberal and Republican endorsements respectively, each being-rated "well-qualified" or "qualified" by the State Bar Association. As their basic qualifications balance out, the choice reduces to a question of political loyalties. As the opportunity presents itself for general comment on the subject of judicial elections, we endorse Judge Breitel's appeal for an appointive selection system with provision for a high-calibre confirmation commission, as the present election charade only puts a premium on the candidate's "packaging" as opposed to the substance of his competence. Quality of Student Life The decision of the Long RangePlanning Committee to include a section on "the quality of student life" in its forthcoming master plan for the Law School shows admirable solicitude for the student welfare in institutional planning, but in another sense, it poses a true challenge to students themselves. Student life is perhaps the one section of the master plan that the faculty and administration cannot figuratively write, for its authors can only conceivably be the very students who daily shape student life through their own interaction. Student life is, after all, what students do, and therein lies the challenge. The quality of student life has, it would seem, deteriorated markedly since last spring, culminating in the last few months in a series of ideological power plays, destructive purges, and selfish vendettas, most of which have ultimately revolved about factors ulterior to Law School issues. Attempts have been made to monopolize the realm of student representation and villify opponents with unsubstantiated allegations of impropriety. Within the Student Bar Association, student life resembles, as one source accurately put it, a virtual civil war. Without citing individuals or organizations, we students have authored a poor report on "the quality of student life." In its decision to incorporate this report into the School's master plan, the Long Range Planning Committee may, however, have inadvertently issued just the sort of challenge necessary to get some metaphorical authors to lay aside their thusfar poisoned pens. minority representation at the Law School,is another manifestation of thisattitude. In the Spring of 1974, BALSA sponsored a symposium which featuredpracticing attorneys from throughout New York State. inefficiency of bureaucratic procedures, neither I nor the intended recipient were unduly concerned that thecheck had not as yet arrived, and she graciously consented to cover her own expenses, pending reimbursement. Approximately ten days prior to I was surprised and concerned the program, a request for an upon learning, more than a month that payment had still not later, advance travel payment,which was a conspiracy on the part of the to besent to a programparticipant, been received. I promised an university administration, I do feel was submitted in accordance with immediate inquiry into the reason that this incident is indicative of the procedures established by for the delay. I then entered into the pervasive, albeit sometimes Sub-Board and the SBA. I was what can only be described as a unconscious,- racism that assured by the SBA treasurer that a series of Kafkaesque conversations permeates our society. The recent check covering travel expenses with thePresidentandTreasurerof university moves virtually would be sent out so as to arrive the SBA. (In the interest of fairness eliminating tuition waivers under prior to the program. Needless to it should be noted that most, ifnot the EOP program, which in effect say, the check did not arrive in all, of the information I received means the elimination of any time. Being aware of the inherent from the SBA President was elicited by him from theTreasurer. This article is not intended as a reflection on flic manner in which It is only six weeks into the new term and already he has di scharged the first-year students, who have not even had to do extensive responsibilities of hisoffice.) These research, are joining their seniors and complaining about the conversations resulted in a myriad inconsiderate behavior of their fellow students in the library. of conflicting explanations as to Primary reference materials are not reshelved once used, why the check had not arrived.The browsing materials are scattered and effectually hidden (and most irritating aspect of these we suspect sometimes stolen), and a book cited in class often negotiations was that I was never able to ascertain, with any degree finds its way to a desk or carrel for hours or even days at a of veracity, where, in fact, the time. check was. I did not knowwhether The selfish behavior of many students, though, is not it had been lost in the mails, the only cause ofthe library dilemma. It is too rare to see an whether it had even been sent, or, employee combing open tables for unshelved books or in fact, if a request for payment walking around floors four through six toreshelve materials had ever been received by brought up from the main reference areas. The library needs Sub-Board, the disbursing agency. either more money for more help, or more help from any More than two months current employees who do not now do their share of work. following theprogram, received a I Please, especially with the Desmond competition letter from the participating underway, be considerate of your fellow library user, fynd to attorney, who, no doubt the library: scour tables periodically or gripe to the concernedwith my feeble attempts appropriate parties until you get either more money or more at an explanation, requested workers. immediate payment and commented on the cavalier manner in which BALSA had handled the VolumeIS, Number 2 lIVI I October 17,1974 Editorsin-Chicf entire matter. A copy of the letter Vf|Ml Ray Bowie Kay Wigtil Guinane was also sent to Dean Schwartz. It took another month before it was Managing Editor: Matthew Leeds discovered that, contrary to Photography Editor: Terry Centner; Business Manager: Allan Information supplied by the Mantel; Alumni Editor: Earl Carrel. Treasurer, a form requesting payment had never been received Staff: lan DeWaal, Don Lohr, Louis Tarantino,Sue Smyntek, by Sub-Board, indicating, in the Eric Zaetsch, Jeff Chamberlain, Shelley Taylor Convissar, ). absence of any other explanation, Glenn Davis. that the Treasurer had never OPINION is published every two weeks, except for vacations, during submitted one. To this date, no the academic year. It Is the student newspaper of the Slate University explanation has been given for this of New York at Buffalo School of Law, |ohn Lord O'Braln Hall, negligence, nor has BALSA SIINY/B Amherst Campus, Buffalo, New York 14260. The views expressed In this paper are not necessarily those of the Editorial Board received an apology from the or Staff of OPINION. OPINION Is a non-profit organization. Third responsible official for the manner Class postage entered at Buffalo, New York. In which this issue washandled. Editorial policy of OPINION is determined collectively by the Editorial Library Dilemma flniniflll Board. OPINION Is funded by SBA from Student Law Fees. IT) contlnunl on page 5 �I * r ,1 MC i October 17,1974 \ OPINION Thus Spake. .. 3 In Contempt the GADFLY Howard Phillips Bootleg Public Policy by Shelley Taylor Convissar by theBuffaloChapter, National Lawyers Guild *C» by Ray Bowie "As the air is to a bird or the sea to a fish, so is contempt to the William Blake, Marriage ofHeavenand Hell On October 7th, before a large audience of In the context of.the local law school debate students and faculty, Howard Phillips, past Acting over the federal legal services corporationprompted I. The Gate Director of the Office of Economic Opportunity, by the address here last week by former OEO The Attica trials are set off from the rest of the Erie County spoke on what was billed as "left-wing radicalism in director Howard Phillips, the column "Bootleg Building by a heavily-guarded chain-link fence with a narrow gate federal legal services." In the course of his speech, it Public Policy," first published in Opinion last through which spectators are admitted one at a time. One's first became increasingly clear, however, that what he November,* is reprinted herein to provide the balance impression is that whoever is being tried in there must be very considered left-wing radicalism or, as he phrased it, so necessary to intellectuallyhonest presentationyet dangerous. the use of "oligarchial elitist power" for political so often locking withinacademic institutions. Being searched with a hand-held metal detector is a new purposes, was what the Congress charges as the duty experience for many law students. Certainly it produces different of legal services attorneys. Indeed, while Mr. Phillips, In historical retrospect, the supreme irony of feelings for most than does having to walk through a metal-detecting a non-lawyer, acted in the capacity of Director of' the Nixonian era may well be that while Nixon arch at an airport. Some people wonder, too, why the guards are OEO, he prohibited the legal servicesprograms from spokesmen were touring the country in 1972 writing down their names in a big book. Will good attendance in court fulfilling four of their statutory responsibilities. In denouncing "acid, amnesty, and abortion" among result in their getting good grades? a gold star? put on the mailing list particular, the charge to represent groups, to work the "radiclibs," federal attorneys were hard at work for some swell prize? for law reform, to educate the community and to promoting liberalized drug statutes, abortion rights, Today one of the guards tells us that thereis to be no standing up help develop the economic resources of the poor assistance to military dissenters,and the presidential a traditional gesture of respect in courtrooms for Attica Brothers were not the official goals of the federal legal ambitions of one George S. McGovern. as they enter, and especially no "hand salutes" in the form of fists. services organizations while under the control of Indeed, perhaps the most potent force for "Anybody makes any hand salute today," we are told, "we take them Howard Phillips. The only remaining charge, to give radical social change in America was that quietly right across the street and book them." high qualityrepresentation to the poor, was in effect welling up within the Administration itself, theOEO "What about standing up?" we ask; that is, is respect for the during his short term as the head of that Office of Legal Services, an activist octopus whose Attica Brothers legally contempt of the court? organization. Unfortunately, many believe that high tentacles have spread since its 1965 birth to "Take your chances if you want to," we are told. quality representation must necessarily Include encompass a national network of 260 programs, over community education, law ■ reform and the legal 2200 lawyers, 850 locations, and a budget of $71.5 11, Inside representation of groups which represent the poor. million in 1973. We have a few minutes to talkabout standing and "hand salutes." Lyndon's Baby The main thrust of Phillips' remarks were Sqme of the A.B.L.D. political staff people are inside already. They directed against what he saw as a dangerous lack of When founded in 1965 under the aegis of our were there the day before, when judge Ball gave a woman a heavy accountability within the structure of the federal Great Society, the OEO Legal Services program was warning about her fist. Apparently her name was written down in legal services program. He stated that legal services relatively restricted in its functions, operating under another, smallerbook. attorneys shouldbe accountable, notto theirclients, prohibitions against handling criminal cases, We decide we definitely will stand when the Brothers enter. but to the federal government and, ultimately, the representation of the "voluntarily poor," and Clenchedfists are up in theair, so to speak. taxpayer.One reason for thisneed for accountability engaging in political advocacy. While this is going on we are sitting in old, heavy probably oak was the alleged abuse of power by legal services Since then, the restrictions have remained on dark wooden chairs. The walls are panelled with squares of some organizations, in advocating only one side of paper, but as with so many Great Society ventures other, lighter, wood. The ceiling is high. Underfoot is a green carpet political issues. Despite the fact that in each case both welfaristand militarist, the program has greatly with a pattern of black wavy lines. The hanging fluorescent light mentioned the legal services attorneys were exceeded its envisioned scope, to the point whereits fixtures are incongruously modern. We hear the whine of the metal representing either clients or the broader interests of present record seems better characterized as breach detector it sounds something like a theremin hitting occasional indigents, Mr. Phillips argued that the federal of the original limitations than as adherence to them. higher notes when it finds the belt buckle or car keys (which were government should not subsidize "political" Conceived as a mechanism to assist the indigent supposed to be put on the table) of one of our friends. continued on page 6 movements, with legal, problems arising from accidents, divorces, ■ Examples of the so-called "political advocacy" contracts, and the like, Legal Services has instead included thecreation of welfare rights organizations, become a channel for the tunneling of public monies the support of tenants' unions, the class action into ideological legal crusades to "restructure" vast representation of the poor, test case litigation, briefs areas of public and private life. In such manner, it and research done for the Defunis case as well as the has used the U.S. Treasury to bankroll bootleg Detroit and Boston bussing cases, work against the public policy. by Jeff Chamberlain ToRestructure America quota systems in police and fire departments which "Two generations of idiotsis enough" disadvantage minorities and the poor, and even the Said Rep. Earl Landgrebe (R.-lnd.), a Oliver WendellHolmes, Jr. representation of prisoners. After all, Mr. Phillips conservative critic of the Legal Services operation: reasoned, it makes more sense to represent the "There is overwhelming evidence that the purpose of In every society with widespread literacy there are people writing unincarcerated poor than those in jail if we have the program is not its alleged goal of serving the all conceivable kinds of nonsense. Within the metaphysical body of limited resources. Clearly, in his definition of poor, but rather the promotion of a variety of (often metaphysical) literature known as "The Law" there exist political programs, and thus in his proposed leftist-socialist causes." enough examples of literary garbage to lead even the most casual limitations on the federal legal servicesprograms, Mr. Communist bogeymen have been frequent observer to conclude that we are, indeed, a highly literate society. Phillips-is a human "catch-22." As long as. the spectres of. America's collective nightmares, but if There are, for example, the statutes. In Kansas, under the heading representation of the poor is on a one-by-one basis, "socialism" here is to be understood as the extension of "Public Exhibition of Reptile Eating," it shallbe "unlawfulfor any any sort of ah exhibition that he believes it is both proper and necessary for legal of government intrusion into and control over the person to exhibit in a public way services employees to serve. However, once the private sector, then Rep. Landgrebe is indeed correct consists of eating, or pretending to eat, of snakes, lizards, scorpions, representation extends to cover more than one poor in his evaluation of the program's impact upon the centipedes, tarantulas, or other reptiles." Ignore for a moment the person at a time, as soon is it tends to make a nation. The effect of Legal Services activism has rathe/ arbitrary zoological classifications: I wonder if "mistake" would difference in the broader questions of each case, Mr. been to extend the over-all parameters of "public be a defense to a charge ofpretending to eat a tarantula? Phillips would label it "political advocacy." Not to be outdone, South Dakota contributes the following: a policy" so as to include within-its coercive sway Particularly objectionable to Mr. Phillips is the spheres which had previously been left to private criminal penalty for "any person who shall knowingly own, keep idea that legal services personnel could use their priorities or individual initiative, an effect which is control, have charge of, or manage any prairie schooner, covered "federal subsidies" in salary, travel and work commonly perceived in retrospect as the "growth of wagon or other vehicle which is used in whole or in part for the purposes of prostitution..." products, to lobby for legislative changes. Even government." Consider this outspokenly ambivalent abortion statute, from the though the present law would severely restrict that In a system of majoritarian democracy, the function to those instances in which legal services objection to this effect is less that it might institute Annotated Code of Mississippi, 1930 (italics added): "Every person any attorneys are requested by lawmakers to do so, socialism on the.sly, than that it represents the who shall administer to any woman pregnant with a quick child drug or substance whatever or shall use or employ any Phillips argues that the grant of that power alone achievement of public policy changes through medicine, thereby to destroy such child, threatens to give the federal government influence litigation rather than majority consent. In a instrument or other means with intent and shall thereby destroy it, shall be guilty fo manslaughter, unless the over state legislation. This disregards, however, the republican system, where the existence of same shall hove been advised by.a physician to be necessary for such true function of the federal legal services program: "inalienable" civil liberties prohibits theintrusion of purpose." defy anyone to concoct a coherent theory of legislative of the private sector, the I to effectively represent the interests of the poor. socialism into large areas intent for this jewel of statutory construction, or for the Minnesota While arguing for states' rights, Mr. Phillips would public policy changes effected by Legal Services statute which made it a "gross misdemeanor" for any person to have objectionable, they as both deny, to those who could not otherwise have it, a litigation are doubly avoid the democratic forum and intrude into the "oral information, stating when, where, how, of whom, or by what voice in the law-making process. means such article or medicine (for the prevention of conception] can Mr. Phillips argued also that his rights of free private sector. be obtained or who manufactures it..." Actions WithoutClients speech are violated by the federal subsidies of one In Delaware, "an aircraft flying over large.bodies of water shall be Writing back in the December 1971 Yale Law viewpoint, (that of the poor) which is liberal, since provided with adequate supply of food and potable water." Why there is no subsidy for his conservative views. It is, journal, Richard Blumenthal commented that not? And thean Wisconsin Legislature, never wishy-washy about however, neither the function nor the goal of legal "Legal Services attorneys have been known to place problems of political graft and corruption, simply madeit a felony for that are of less priority on some issues services attorneys to advocate particular views, a higher its members to engage in "logrolling." Why didn't Huey Long think of political or otherwise. It is their goal, it is their duty, concern to the client community than to themselves complaints about that? ( T)here possible. increasing It have been to represent the indigent in the best way Judicial opinions, too, are a veritable trove of logomania. As we all to launch sweeping is this goal which distinguishes Phillips' so called attorneys who 'exploit' clients individuals may be know, buried in some opinions are the legal maxims of undying truth "political advocacy" from high quality law reform actions when the solutions which mark the substantial justice and enduring beauty of the their to representation. It is this goal which justifies the seeking much more limited this illustrate the common law. Thus, in Bradshaw v. People, 153 111. 156, 160, 38 N.E. The mechanics of present functioning of the federal legal services problems 652 (1894), the court gave judicial recognition t»the well-known and policy. program throughout the country as well as the process of bootlegging public continued onpage 6 on page 6 continued continued on page 6 - — — . - — . , . — — END OF THE BAR Cheap Shots . . . ..." - �Page four - Cent r Chief Judge Charles D. Breitel of State Court of Appeals addresses packed Moot Courtroom on topic of "Selection and Disciplining of Judges." Breitel Proposes continued from page I . "Judges must be independent, unafraid" Breitel said. He thus suggested that appropriate methods of both election and discipline of judges were necessary to maintain "the American judicial branch of government [that] occupies a unique role in standing between the October 17,1974 OPINION Sea Grant Project To Fund Research A Department of Commerce Sea Grant research project, obtained recently by Profs. Robert Reis and Milton Kaplan, is being initiated this fall as "a mechanism for involving law students" in problems of coastal law. The project, entitled a "legal traineeship program" and jointly funded by Sea Grant and the Law School, is tentatively planned to provide ten $1400 summer research stipends to be awarded to students selected this spring on the basis of a problem-solving competition. Though Prof. Reis has been involved in Sea Grant research projects each year over the past three years, the traineeship program will be the first open to law student involvement, which was the specific intent of the two faculty proposers who noted the School's "extensive and growing program in state and local government law, particularly of environmentalcontent." Objectives of the project include identification of legal issues raised in creating coastal zones, research on specific legal problems confronting New York State, development of teaching materials for courses in coastal zone management, sponsorship of seminars and conferences in that area, and legislative Spanogle by lan DeWaal will form the basis for a conference of participants and government officials. grant The results of the summer research will be woven into Prof. Reis' seminar on Problems of Environmental Quality in the fall of 1975, with-an eye to designing further research projects and introducing a new group of students to the project. Opportunities for legislative drafting will be provided at this point to the Buffalo Legislative Project. The spring competition will, noted Prof. Reis, be judged entirely on the merits of the problem-solving research, and no prior course preparation will be required. For the one-yearprogram, Sea Grant is funding $27,908, and the Law School $18,533, for a total budget of $46,44). Testifies On State Banking individual and the power of the State." John A. Spanogle, Jr., visiting New York State's system has assumed the challenge by providing a professor of law at the Law School, Court on the Judiciary consisting of judges, lawyers and laymen that testified before the New York can be used to investigate and punish sitting judges accused of State Senate Committee on Banks misconduct. last Wednesday. The committee, Judge Breitel revealed that he had initiated the machinery of the which is holding hearings on the committee in September, ordering the panel to consider two current New York State Financial Reform cases. He said that this personal action was the first of its kind by a Act, convened in the main hearing chief judge. room of the General Donovan The Chief Judge also criticized the lack of a unified New York State Office Building. State court system as provided for in the State Constitution. He attacked the current court structure as a "disorganized, decentralized Mr. Spanogle last yearserved as system with no parametal line of organization within the State." the chairman of the Governor's Judge Breitel also revealed that he believes that the problem of Banking Study Advisory incompetent or corrupt judges is more severe in New York City than in Committee in Maine. That other parts of the State. He attributed this situation primarily to the greater familiarity of upstate voters with their local: candidates in smallercommunities. Turn Of The Screw drafting for needed lawreform. Preliminary law student research will probably begin next spring with the competition and selection of a groupof upper class law students to organize the areas of research. Intensive research will proceed over the summer when the faculty and stipended students will prepare reports on critical legal problems of coastal zone management, which reports committee studied the effects of for thrift institutions and credit similar legislation in Maine on the unions, andinterstate banking. financial structure and the In addition to appearing before availability ofcredit resources. the new York State committee, Mr. Spanogle was also invited totestify TheNew York State Committee last month (September 25) before on Banks invited Mr. Spanogle to the Subcommittee on Financial testify about the results of the Institutions of the Senate Maine study in areas that closely Committee on Banking, Housing resemble those under and Urban Affairs. That group is consideration in the Financial holding hearings on the federal Reform Act. These include aspects of the same subject matter. expanded depository powers for Mr. Spanogle is currently on thrift institutions and commercial leave from the University of Maine banks, expanded lending powers Law School. Fleming Memo Lists Necessary Course Needs At the direction of APPC, Assistant DeanRobert Fleming has prepared and distributed to the faculty his assessment of the Law School's most critical "teaching-recruiting-course"needs for 1975-76. The list of course needs, derived in consultation with the APPC general curriculum subcommittee and the Provost, was presented by Mr. Fleming as including Scholar Incentive awards are now being received. If you do not hear from the Regents Examination and Scholarship Center in the next few weeks, please write to them at 99 Washington Avenue, Albany, New York 12210 and ask them to trace your application. Include your SI Identification number. If youhave been denied emancipation status because you declared an emancipation date between January 1, 1973 and September 1, 1973, please leave your name and address at my office: 303 O'Brian Hall. The final deadline for adding courses is fast approaching. No course can be added after today. Please be sure to verify that you have a final registration card in your possession thatlists all the courses for which you believe you are registered. If you do not have a complete class registration card, please see Charles Wallin, 314 O'Brian Hall bySueSmyntek before the close of school today. No one will be permitted to retroactively add courses for any total of 295 students, selected A reason after this date! from 2700 applicants, makeup the 1974 first-year class of the Buffalo Several inquiries have been directed to me concerning the National Law School. Direct Student Loan Checks. These checks have been arriving in the Office of Student Accounts, 1 Hayes A (831-2041). Please call them The make-up of this first-year periodically and identify yourself as a law student before asking if class is comparable to that of the yourcheck has arrived. second-year, both having an equal number of students, with well over Some confusion over the scheduling of the Veterans Day holiday 90% from New York State. may have arisen. The Law School will be closed after the conclusion of Approximately 25% ofeach classis classes Saturday morning October 26 through Monday October 28. composed of women. The number The University will not be closed for classes on November 11. of minority students in each class, however, differs significantly. Now that you have had a chance to look over the Student There are 29 minotity students in' Handbook (which is still available at the Admissions Office, 304 the second-year class compared O'Brian Hall, it would be helpful if you could directany comments on with 16 in the first-year class. the pamphlet my way. Please let me know if anything was included According to Professor Robert which you feel was not necessary and conversely, if anything was Fleming, chairperson of last year's which would be you think omitted useful. admissions committee, admissions procedure, commercial law, labor The areas cited were described law, corporate law (including by Mr. Fleming as those "necessary securities regulation), and property to meet what everyone would as a general category (including regard as requirements for a proper gratuitous transfers and land professional program, not as transactions). elements that it would merely be Mr. Fleming noted that the list desirable to add to the program." was not a final determination, but Most often mentioned in the rather sub feet to various desirable category, he added, is contingencies, particularly international private law, including whether teachers now on leave will tax and commercial transactions. return. Admissions Statistics Disclosed policy aimed at securing a class of is not reflective of admissions 300 students, including 35 policy, according to Mr. Fleming, minority students and 85 but is the result of "interesting" students, or individuals with such outstanding characteristics as unique job experience, advanced degrees, or special skills. The remainder were to be selected on the basis of grade point average (GPA) and LSAT scores. In fact, however, the first year class is composed of 16 minority students and 33 "interesting" students, leaving a balance of well over 80% of the classadmitted on the basis of an index computation of GPAand LSAT score. The number of minority students in this first-year class is nearly 50% lower than that of both second-and third-year classes.This the Law School's inability to insure financial assistance to minority students for all three years,which it was formerly able todo. The Law School accepted 38% of the total number of women applicants, compared with 34% of the men. Since women and men were judgedby the samestandards, Mr. Fleming stated that these percentages imply that the women■ have somewhat better credentials. Changes in admissions policy are being considered under the guidance of Mark Galanter, this year's admissions committee chairperson. The nature and extent of any changes,however, are as yet undisclosed. �October 17,1974 OPINION 5 Dean's Response to Open Letter Former OEO Director Hits Activism continued from page J and that in Congress, they perform legislative research for favored politicians and attempt to influence Congressional votes. "The organizational structure of legal services," he continued, "leavesit open to such abuses." As the legal services attorney receives a guaranteed amount of income, Phillips argued, he need not please his client and indeed has freedom to choose those clients who provide the best opportunities to achieve political objectives. He objected to "money appropriated by Congress under the guise of helping the poor instead being used to assist political development, group representation, and law reform," the latter being the one he termed "the most pompous and outrageous goal" as it allegedly allowed legal services attorneys to determine public policy on their own. Philosophically, Phillips explained that he found that "all unaccountable concentrations of power are threats to liberty," whether one agrees with their goals or not. "It can be done by devils or by saints," he added, "but in my view, such would be a questionable delegation of power." The real issue involved in legal services,he continued,is that "there litigants." is an establishment of secular religion, funding some The result has been, he concluded, that while people to advance their political philosophy, which the persons sued by legal services must fund their now offends conservatives but may someday offend own defense, federal legal services "has been in the liberals." forefront of every leftist political movement of the As an to the new legal services last decade," even to the point of creating political corporation,alternative which he said only ratifies tfieabuses of parties. the former organization, Phillips preferred to vest Particular goals, which Phillips said were sought power in the individual poor person by means of a by legal services both before and after his tenure, voucher system, which would provide the element of were "advancement of public education, economic accountability now claimed to be missing. Our Kafkaesque SBA continued from page 2 The failure of the Treasurer to carry out the duties of her office reflect poorlyon BALSA and upon the entirelaw school. Many strides have been made to elevate this school into a position of prominence and excellence among the law schools throughout the country. The efforts by the administration to, in a manner of speaking, put this school on the legal map, should not be hindered by lackadaisical and incompetent performances by those of the student body who hold sensitive positions. Responding to an open letter from some student leaders critical of the Law School's long-range plans, Dean Richard Schwartz has expressed "surprise and in a way disappointment that negative student comments were so delayed." "It is fine for students to get involved in these issues even at this late date," Schwartz said in an interviewlast week. But, he added, "machinery for student-faculty dialogue" exists in almost all Law School committees and thatstudentcomment and help could have been injected into the Long Range Planning Committee ideas earlier in the planning stages. All programs, Schwartz said, are considered and passed on by committees that include student membership. Schwartz also took issue with Hie letter's allegation that traditionalresources of the law school were being seriously depleted in favor of special programs. The programs that have been criticized, the Criminal Justice Program and Hie Simulated Law Firms, are in fact fundedfrom outside grants, the Dean said. Further, the Dean suggested that dieprograms thatdrew criticism, if successful, would provide "evidence u> show others and back the case for newresources," from the University budget. "If the evidence of success isn't there," he added, "such pilot programs will not become part of theregular program of theSchool." Comparative Law Assoc. Meets at Law School Although this maybe the most The first major meeting of a glaring example, it is not an national legal organization to be isolated occurrence. BALSA has hosted by Buffalo Law School was constantly had difficulty securing held the weekend of October 5, funds which have already been leaving distinguished law allocated to the organization. The professors from all parts of the fact that.such incidents may be country praising the law school, viewed, by future participants, as according to Prof. Joseph Laufer. evidence of BALSA's unreliability, bodes ill for any programs we may Prof. Laufer, who arranged the wish to sponsor in the future. If the meeting of the directors and Rules For Sign Posting might bode well forthe burgeoning reputation ofme lawschool. In the near future, the The visitors thought that the Administration will promulgate law school was "thegreatest ever," regulations controlling the nature Prof. Laufer said. "They were and extent of the posting of signs especially impressed with the of any kind throughout JohnLord library,"he added. O'Brian Hall. The foundation of Other faculty from the school the regulations in the form of present were Professors Adolf proposed regulations b posted on Homburger, Thomas Buergenthal the S.B.A. Bulletin Board on the and Dean Richard Schwartz. Fifth Floor. If any studenthasany members of the American The activities of the 35 comment u> make or any changes, treasurer finds the responsibilities Association for the Comparative professors attending the meeting whether deletions or additions, to of the position an undue burden, Study ofLawand the editorsof the included luncheons, dinners, suggest, please deposit same in the an immediate resignation is in American Journal of Comparative organizational meetings, and mailboX of President Don Lohr in order. Law, indicated mat the admiration sightseeingin the area. *c S.B.A. Office post haste. present occupant of the office of Contrary to popular Opinion this newspaper does not appear by magic. That's unfortunate for us, and you. For five miserable days every two weeks we have to put up with a managing editor who's got a permanent case of mononucleosis from spending his nights poring over layouts and scrawled copy. And an editor who forgot how to smile sometime back in 1973 because his face froze into a permanent line of concentration. There is still some life in the eyes, an occasional flicker of wonderment at such questions as 'headlines do you have any?' — Frankly, we get bored. There are only so many ways of translating scrawls, so many questions you can ask, and so many jokes you can crack to the same faces. It's beginning to affect the other work we do. We have become suspicious of law students in general when they come in for resumes. Are- you all dull, boring and overworked? Or apathetic, maybe? Please help save the sanity of the University Press staff. Change your Opinion, and ours. We'll make it easy for you to doboth. Every law student who helps improve the Opinion by becoming a staff member will receive a 10% discount on a resume or personal printing at Press. For all you others, well, hello. �6 Thus Spake - continued October 17,1974 OPINION .. from page 3 Congressional guidelines which sanction them. Indeed, it might well be a denial of free speech for the poor were there not a legal services corporation or its equivalent. Mr. Phillips, who calls himself a "Jeffersonian" believes there should be no subsidies for any political point of view. But by his own definition of "political," the poor would then have no effective representation at all. The Gadfly continued from page 3 Being on the federal payroll and hence not subject to fee pressures, Legal Services attorneys have been freer than private practice lawyers to devote their time and energies to promotion of their personal political priorities rather than meeting client demand. In practice, this often means that the Legal Services attorney decides which clients and what causes shall gain attention, a decision generally having more to do with the attorney's political objectives thanwith the merit of the client's case. The basic tool of these public policy litigators, the "sweeping law reform actions" cited by Blumenthal, Is the classaction suit, for which Legal Service attorneys have proven all too willing to sacrifice the traditional individual case servicewhich aids clients on a one-to-one basis. According to Harry Brill, a research sociologist working for a San Francisco Legal Services office, "at least several hundred individual client cases were traded off for each class action suit," a situation hardly envisioned by those who established the OEO operation to aid the indigenton an individual basis. Conservatives have long objected to "class actions" on public policy grounds, arguing that public policy ought to be determined in the public scrutiny of the legislative forum rather than in the closed proceedings of the courtroom, where few citizens grasp the significance of the proceedings and even fewer the portentous result. Liberals, rmanwhile. are_ heyinninn tn <ii«n«-i that th» interests of indigent clients are being harmed by the Legal Services mania for public policy objectives, often to the point where the clientis sought out and encouraged to sue just to dovetail with the class action objective. From either the liberal or conservative perspective, it would seem that the result of Legal Services is the same: a political program for poverty lawyers instead of a poverty program for the poor. A Vested Interest Back in May of 1973, Senators Brock (R. Term.) and Helms (R.-N.C.) introduced an alternative legal services proposal which would allow existing state agencies to establish the legal aid program, empower the state bar association to administer it, and establish a voucher payment system that would permit indigent clients to select their own private attorneys. The voucher system would appear a particularly effective means of cracking the legal services monopoly and breaking the stranglehold elitist legal services attorneys presently exercise over the program. Despite the range of alternatives and the rising wave of criticism, the legal establishment remains firmly committed lo the "services monopoly" concept, with the American Bar Association defending the class action approach and the usual welfare-state politicians lauding the public policy objectives sought. The same forces, noticeably, are opposed to the "Judicare" or decentralized voucher alternatives, simply because neither lends itself to litigation for public policy ends. During a period in which Americans are becoming, alarmed over revelations of the extent to which special interesdfroups are influencingnational policies, it is indeed shameful to find the legal profession at the head of the pack trying to cement this service monopoly .lot only over the poor but over the entire field of public policy as well. Given the inextricable connectionof law and public policy, the latter is simply too important to be relegated to a legal elite, particularly one thatviews litigation as a short-cut to political power. Toallow such is to issue a standing invitation to another Watergate. In Contempt End of the Bar continued from page 3 111. The Judge continued from page 3 A man in a shapeless grey uniform calls out "Part Three, Part Three" several times. It is remarked that he looks like a character in a Kafka story, whose name no one can remember. Then he says, "Judge of the Court All Rise Honorable Carmen F. Ball presiding." We rise. Judge Ball comes in and sits down. We sit down. We look at him sternly. He looks at us sternly. He sayshe doesn't want any misunderstandings. We don't say - - anything. « He will allow us, he says, to rise, if we wish, when defendants enter. But when they reach the defense table we must sit down again. If anybody makes a clenched-fist hand salute, she or he will be cited for contempt. Do we understand? We understand plenty. We sit still. He busies himself with some preliminary paper-shuffling. IV. Baba The reason we have come today is to see an Attica Brother named Baba arrive in court. He has had numerous disputes with the sheriff's office about whether or not he shouldhave his hands handcuffed behind his back when he is being brought from the Erie County Holding Center to court. He is pro se; thai is, serving as his own lawyer, and he says he can't carry his legal papers to court if his hands are behind his back. He doesn't trust anybody else, that is, a guard, to carry them. Also he says it's always possible that he might "trip and fall,"and be unable to protect himself from the impact. He wants tobe handcuffed in front. Judge Ball hasrefused to order that this be done. So today Baba has refused to come to court. The last time thiskind of thinghappened a number of the Brothers were beaten by the guards. Judge Ball has ordered that Baba be brought in with the handcuffs in back, put there with whatever degree of force is necessary. Soon Baba arrives. It looks like he has won out; he does not appear cut or bruised and thehandcuffs are in front. This becomes obvious when he raises both fists, chained together, over his head. He is looking at us. We are standing up. Except for one young man who goes undetected there are no fists raised by spectators. Judge Ball looksrelieved. The calendarcall procedure begins. - V. Back to the street As we leave, a woman whois there for the first time says she never knew before how powerful the clenched fist is it can get Judge Ball to put you in jail, if he sees it. As we reach the street she suggests that he may, subconsciously, have fears associated with this symbol. - Postscript: It is the Guildposition that these trials are very educational. Come to court. Come often. Support the Attica Brothers. Orientation. universally accepted presumption of female chastity, noting that "Fortunately, in our country, an unchaste female is comparatively a rare exception to the generalrule ..." Delightful. Some judges are frustrated novelists or poets. One, a realist no doubt, noted in Rochin v. Calif., 342 U.S. 165, that "Illegally breaking into the privacy of petitioner, the struggle to openhis mouth and remove what was there, the forcible extraction of his stomach's contents thiscourse of proceeding by agents of government to obtain evidence is bound to offend even hardened sensibilities." A master of the art of understatement; and an astute reader can get some indication even from this brief excerpt of how the case was eventually decided. Another eminent jurist, whose phrase "bleached and putrescent corpse" indicates some affinity with Edgar Allen Poe, had apparently just come from a concert of Stephen Foster favorites when he wrote this stirring opening paragraph in Crews v. U.S., 160 F. 2d 746 (sth cir. 1947): "The beautiful Suwannee River themention of which callsto memory a plaintive melody of strumming banjos, humming bees, childhood's playful hours, a hut among the bushesand a longing to go back where the old folks stay was the scene of the crueland revolting crime that provoked the gesture of dealingout justice that is this caie." Note the clever use of sarcasm and classical literary irony, as this writer carries along the reader on the lyrical metre of his prose before arriving, quite unexpectedly, at the final, eschatological "gottchal" The case of Cordas v. Peerless Transp. Co., 27 N V S 2d 198 (1941), has it all, from alliteration ("the convincing cant of the criminal"), through scholarly references (Scylla, Chapybdis, Horatio, rfamlet, Macbeth, MacDuff, Duncan), to a citation of the "Almighty Law-giver," the "supernal judge who sits on high." Now that's authority. Included in the opinion is a sterling paean to masculinity, in which thelearned judge notes that some male stalwarts "Outstare the sternest eyes that look, outbrave the heart most daring on the earth, pluck the young sucking cubs from the she-bear, yes, mock the lion when he rears for prey to win a fair lady and these are the admiration of the generality of men." And I doubt that most of us could even ask for a date without offending someone's feminist sensibilities. —FftraHy, I refer you to the recent case of/WterST" Levy, decided by the Supreme Court on June 19, t974 (docket no. 73-206), and especially to the concurring opinion of Mr. Justice Blackmun. Blackmun accuses "my Brother jtewart" (who dissented) of laboring under a "judicial fantasy," that an "average soldier or sailor would not reasonably expect... to suffer military reprimand or punishment for engaging in sexual acts with a chicken." He finishes with a strident defense of - - - - . . In Retrospect continued on page 7 Neophyte professional students (above) listened in awe back in September to the presumably' sage advice of Law School powers and potentates (below). Awe has since been replaced by the methodological skepticism of the Socratlc method. The powers and potentates presumably remain, the first cf many to be encountered in the course of professional life. �October 17,1974 OPINION 7 SCORECARD... GRADING RANGES SPRING SEMESTER ELECTIVES 1973 -1974 Property Reis Greiner Goldstein - Joyce . H* - ---- Constitutional Law I Newhouse Hyman 2 Federal Tax I Joyce Administrative Law Boyer Administrative Law Gifford CollectiveBargaining Atleson Int'l Protection of Human Rights Buergenthal Conflict of Laws Holley H Q D 14 8 16 22 49 36 63 59 >? g 8 7 8 31 -19 108 39 22 29 4 7 3 5 1 ■-,, Constitutional Law II Mann Intro to Int'l Law r Galanter Criminal Procedure Burns Criminal Procedure H.Schwartz Corporations Zimmermann Evidence Gordon Family Law Swartz Gratuitous Transfers Mugel Labor Law Kochery Federal Tax II DelCotto Government& Land Reis Government & Land Kaplan Civil Law Clinic I Rosenberg Civil Law Clinic II Rosenberg New York Practice Homburger Commercial Trans. I Schlegel Social Legislation Davidson Trial Technique Staff Data Banks & Privacy McCarty Lawyers Role in Negotiations Atleson Civil Procedure II Kochery Secured Transactions 15 10 37 1 18 31 - 22 63 1 37 91 13 - Regulation of advertising Goldstein JudicialProcess Schfegel ConsumerProtection Systems R. Gordon 17 1 1 -- 150 115 - 4 1 9 AdministrativeDiscretion Gifford - 55 g 14 34 58 50 H» Desmond Dev. of Marxist Legal Theory Franklin 3 Equal Rights Amendment ' Girth Current Issues in the Constitution Harring Legal Problems of Public Schools 187 Crime.A Community 22 3 38 12 54 9 6 33 3 35 15 63 15 5 27 1. .5 6 9 10 117 4 11 - 3 11 1 36 36 14 16 7 5 - - 14 7 3 - 70 5 77 - 42 105 - 78 52 - - 15 33 1 2 8 1 16 - 4 - - - 16 10 18 39 60 1 17 " 15 18 73 30 12 69 78 ~>3 Galanter *"v. -Decision Tech. & Law McCarty Problems of CorrectionalLitigation H.Schwartz Comp. Systems for Auto Accidents Laufer _ ->i 21 ■> 2 - - 21 7 5 6 31 9 24 7 23 9 26 5 24 13 15 - 2 34 1 35 31 - 28 - 1974 H Q D 6 14 F 14 8 3 1 _ _- TotalGraded 1 21 - 12 11 - 3 6 14 1 2 22 4 7 - 2 3 2 - 1 6 9 4 7 4 3 1 34 2 2 - 12 37 1 7 - 40 - 1 - Kaplan Comp. Env. Planning & Devel. Magavern Law & Development 1 ■ - 25 4 - 19 15 10 1 6 2 1 25 - 11 7 - 1 15 - 12 9 . GRADING RANGES SUMMER SESSION 1974 _ __ __ H* Contracts Fleming Federal Tax I Joyce ConstitutionalLaw I Newhouse Constitutional Law II _~ Hyman Family Law Swartz Land Transactions Reis New York Practice - Homburger Q „„ 28 Katz Adv. Problems in Crim. Proc. Birzon Municipal Law 145 -28--'10 28 -- Appellate Practice 8 1 12 GRADING RANGES SPRING SEMESTER SEMINARS 1973 58 11 - 1 M.Gordon 63 — _ -' 10 : R.Gordon The Legal Process Mazor Law & ThePoor 7 .-;.■- ,r 72 53 87 84 Hyman Injuries to Relational Interests Harring English Law Background 92 32 * DelCotto Arbitration TotalGraded Newhouse Taxation of Foreign Income Davidson 15 1 Girth 12 1 1 '>..'' '., 2 ' Buergenthal Legal Process _ 11 39 19 Boyer CorporateReorganization & Division F 84" TO 15 Products Liability Commercial Trans. I Schlegel Civil Rights Mann 1 ki 61 H _ Q D Total Graded .. 4 25 38 9 3 13 - 5 20 2 2 19 1 6 19 3 15 10 F 3 - - - should be typed double-space with margins set at 70 characters. For each issue, a publication schedule will be posted on the bulletin board outside the Opinion office, room 623, which schedule will .set forth the deadlines for particular assignments. Deadlines for submission of copy will be posted in prominent places throughout the building. , No guarantee.can or will be made as to the acceptability oflate copy. , Bar the of End Footloose moralhorlzonstV.W I 27 22 25 21 5 - f3 21 5 4 41 The-Great-And-True-Virtues-Which-Have-Made-OurCountry -Great, included in which is the Mixed Metaphor of the month: "Relativistic notions of rightand wrong, or situation ethics, as some call it, have achieved in recent times a disturbinglyhigh level of prominence in this country, both in the guise of law reform, and as a justification of conduct that persons would normally eschew as immoral and even illegal. The truth is that the moral horizons of the American people are not footloose - 16 8 continued from page 6 OPINION CONTRIBUTION PROCEDURE Articles, letters or reports submitted for publication in Opinion 4 72 > �October 17,1974 OPINION 8 Faculty-student FIRST YEAR DIRECTORS LAUD COMMUNICATION First-year SBA __ Directors: (L to R) Kandace Foust, Warren Alcock, Debra by Louise .._Tarantino Winthrop, Clifford Solomon, Mary Engler. Communication seems to be a focal concern of the newly elected first year directors of the Student Bar Association (SBA), as indicated in interviews with Opinion. l_ C I _* The six representatives chosen in the October 2nd election are Warren Alcock, Mary Engler, Kandace Foust, J. Michael Kilburn, Clifford Solomon and Debra Winthrop. The new directors expressed concern over an apparent lack of communication between students and faculty, and among the students themselves. "It's important to have a working relation with faculty and students," remarked Clifford Soloman, "and I regarded involvement in SBA as a good means of opening channels of communication between the two." - Cent r — Cent r Committee Openings byDon.Lohr According to the By-Laws and Standing Orders of the Faculty of Law and Jurisprudence of the State University of New York at Buffalo, the policy and program setting functions of the Law School generally resides in the full faculty. For this reason, the work of the respective faculty committees is of great importance. Fortunately, and much to the credit of this Law School, student participation in the committee system is permitted, if not openly encouraged. In this fashion, effective students are given the opportunity to exercise considerable influence on the decisions that will affect the nature and ultimate,direction of the Law School. Presently, according to the Student Bar Association Constitution, students are appointed to the committees by the President with the approval of the Board of Directors. Any student interested in serving as a student representative to any of the committees listed below should submit a letter of intent to the S.B.A. President as soon as possible. Such letter should set out the committee appointment desired and any reasons therefore as well as any experience in a. similar capacity or general qualifications. Vacancies currently exist on the following committees (for further details refer to the Student Handbook, p. 37): Academic Policy and Program Committee Admissions Committee Appointments Committee Budget and Program Review Committee Library Committee Long-Range Planning Committee Minority Student Affairs Committee Placement Committee As a precautionary warning, these positions are of a serious nature and to discharge the functions thereof properly requires a commensurate amount of time and dedication. In addition, any student interested in working with the faculty members directing theprograms listed below should contact in writing the S.B.A. President as soon as possible. Building (John Lord O'Brian Hall) International Legal Studies Mitchell Lecture Research and Special Programs LRPC Plans Report The status of the Law Library was among the topics discussed at the October 2 meeting of theLong Range Planning Committee. The library is presently faced with a shortage of funds. It is hoped an appeal to the monetary sources will alleviate the situation. Due dates for drafts of the remaining chapters of the Long range Plan were scheduled. The draft of the chapter entitled The Quality ofStudent Life was settor Wednesday, October 30. STUDENT INPUT IS ESSENTIAL!!! Thisis an excellent opportunity to make your views known to the faculty. Suggestions and comments may be placed in the SBA Office in the name of the student representative, Bari Schulman. Another representative, Mary Engler, hopes to attain a better contact with the Association of Women Law Students and the SBA. "I would like to act as a bridge, as a sort of go-between, for women in Ist Year Director ). Michael Kilburn the first yearclass and the SBA," she said. "I'm also striving to get things done that people usually just "I hope to produce more effective talk about and informing the students about what is representation by encouraging greater feedback from happening," Engler added. the students," noted Debra Winthrop. "My main objective is to talk with students, learnhow they feel on certain issues and present the majority opinion to continued from page 1 SBA," sheadded. time due to administrative November 23, endingin theannual Michael Kilburn suggested this feedback might difficulties. Candidates for Moot Moot Courtbanquet. be implemented by an open forum discussion session Court Board are selected each year Senior Moot Court Board with the six directors and members of the first year on the basis of combined briefand members this year are: Dan class. oral argument scores in the MacDonald, chairperson; Carl According to Solomon, "Increasing student Desmond Competition, judges for Howard, Vice Chairperson; Don interest in the school and administration leads to which are local attorneys, judges, Bergevin, Ray Bowie, Paul Crapsi, increased student involvement." Briefs are due from Gabe Ferber, Pat Gaura, Carl In addition to the six first year representatives, a and faculty. competitors on November 8; Goldfield, Eileen Greenbaum,Paul second year director, Cynthia Falk, was elected to a practice rounds will be held Groschadl, Linda Meary, Mark vacant second-year director seat. J. Glenn Davis and November 13 and 14; and Hellerer,Ben Idziak, Tom Lochner, Bruce Koren, the latter a write-in candidate, won elimination rounds will take place Sandy Present, Scott Slesinger, election to the Faculty-Student Relations Board. from November 19 through Pearl Tom, and Barbara Willis. The October 2 elections saw less thanone-third first-year of the class and of (91) one-quarter (70) the second-year class cast ballots. Only eight third-year students voted in the FSRB election, the only one in which they could participate. "It i* not the victories - Cent r 2nd Year Director Cynthia Falk. Some of the things the first year directors would like to get done include changes in exam scheduling, initiation of a day care center, and better lighting in campus parking lots. They also displayed a desire to make the workings of SBA known to the students, to "demythify its workings and make its functions and capabilities open and evident to the student body," according to Engler. The directors said they hope to accomplish this information flow through direct involvement with the first year students. Desmond Begins , strengthen us." - Author unknown BBIHnNMHB Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 Telephone: 854-1846 Connecticut Mutual Life • THE BLUE CHIP COMPANY SINCE 1846 FSRB representative Bruce Koren � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-10-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/17/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/35337ca15636942f0d63c7d1e44fc9dc.pdf c6703e0e8e4cf22bf6ce3f3902b0da00 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume 15, Number 3 State University of New York at Buffalo School of Law Denman Lectures On Housing Court - Zaetsch DVF guest M. Dolores Denman, Buffalo City Court Judge by DennisPasiak trying to dig through thesecodes, recommending changes and even On October 21, 1974 in the suggesting a whole new modern Moot Court Room, Judge M. package. With new codes, the Dolores Denman, Judge of the workings of the Court would be City Court of Buffalo and an more streamlined and efficient. alumna of this school, addressed Since the concept of the Housing an audience of faculty and stu- Court is new, Judge Denman condents. Judge Denman spoke about tends that one of the major probthe new City Housing Court and lems is to convince the right described its funding, organiza- people about the seriousness of tion, and chief types of cases and the deficiency in the current legal problems with which it is codes and to point out the best concerned. Judge Denman's pre- way to resotve this problem. sentation was followed by a quesThe Buffalo City Housing tion and answer period in which Court usually handles two types students sought more information of cases. The first type concerns about not only the court itself, the large number of old, decaying but about the many housingprob- structures on the City's East and lems which are facing Buffalo. West Sides. These homes are for Judge Denman began her pre- the most part owned by people of sentation with a short sketch of limited means who do not have the City Housing Court. This the resources to keep them in recourt is a fairly new concept, not pair and conform to the existing only in Buffalo, but in other cities codes. If the owners attempt to as well. The Buffalo Court differs rent out the houses, they cannot from other courts, however, in obtain the type of rent that would that it was not created by a legis- make repairs worthwhile. As a relative act, but was set up on a sult, the homes are left to decay, temporary basis by the Appellate become abandoned, and in turn Division, Fourth Department, in become a health and fire hazard. December, 1973. The Buffalo As Judge Denman stressed in her Housing Court handles both presentation, the housing court is criminal and civil cases, and as by and large a "human coyjt," Judge Denman pointed out, the and she pointed out that, in a court (s really a property court be- large percentage of the cases, peocause it handles commercial ple want to make repairs, but they property as well as residential simply cannot afford to. This is property cases. especially true for 'the older citiThe chiefrole of the court is to zens who are on fixed incomes see that housing ordinances and and who cannot physically make regulations are obeyed. This has repairs themselves or afford 1974 been a rather difficult task prices. because Buffalo's housing codes As attested by area newspapers are for the most part _and newscasts, arson is a serious ill conceived, ill written and even and growing problem in Buffalo. invalid. A substantial portion of Judge Denman described the "arJudge Denman's time during the son scheme" and how it operates continued on page A preceding year has been spent in - October 31, 1974 Students Back Homburger, Oppose Retirement Rule by Ray Bowie training and practical experience" and expressing the Reports of difficulties encountered by the Law fear that his forced departure at this time would School in seeking a waiver on the threatened "subvert the Law School's professional program." mandatory retirement of Prof. Adolf Homburger The PAD resolution was submitted Provost to have generated several spontaneous student efforts Schwartz to forward to those empowered to decide to support the case for the waiver. Unless Prof. upon the waiver. A somewhat similar resolution was Homburger receives a waiverof the SUNY Board of adopted shortly thereafter by the Puerto Rican Law Trustees' mandatory retirement rule, he will be Students Association. forced to retire from the faculty at the end of the Dan McDonafd, Chairman of Moot CourtBoard, academic year at the age of 70. and John Mendenhall, Editor-in-Chief of Law The Law School has, it is known, been engaged Review, also contributed letters in support of the in an effort to obtain such a waiver for Prof. waiver. Homburger for some time now, contending that Mr. Last week, the Student Bar Association passed a Homburger is both fit to continue teaching and resolution offered by President Don Lohr, opposing needed to provide indispensable instruction in the "any arbitrary and automatically enforced rule in areas of civil procedure and New York practice. terms of mandatory retirement based upon age"and Though supported in this effort by law alumni and asking for an exception for Prof. Homburger "so prominent professionals, including Chief Judge that he may continue to provide students with Breitel of the State Court of Appeals, the Law his invaluable and greatly appreciated contribution School was understood to have found resistance to to teaching." any waiver of the retirement rule, which has been Immediate response to the student efforts is strictly enforced by the Trustees in recent years. unknown, although administrative source* have As word of the difficulty filtered through to indicated recently some grounds for optimism in students, petition campaigns were initiated their ongoing appeal for the waiver. s im ultaneously about two weeks ago in Prof. Prof. Homburger received his first law degree Homburger's first-year procedure section and among from the University of Vienna in 7929, emigrated to second-year students who had been in his section last the United States, and acquired a law degree from year. Both petitions were reported to have garnered "Buffalo Law School in 1941. After privatepractice large numbers of signatures protesting the forced in the Buffalo area, Mr. Homburger joined the retirement policy and justifying the retention of part-time faculty at the Law School in 1949 and in Prof. Homburger. 1963 became professor of law. Aside from his That same week, Phi Alpha Delta Legal teaching functions,he continues to serve as chairman Fraternity unanimously adopted a resolution lauding of an advisory committee to the Judicial Conference Prof. Homburger's "unique combinationof academic on theCPLR. . ' BLP Moving On Projects, Seeking Volunteers Twenty-six students are actively involved in the Buffalo Legislation Project (BLP) this semester. Twelve students are doing research for the Erie County Attorney's Office. Dave Leibowitz and Ingrid Hansen are investigating the possibility of developing legislation which would insure the collection of back taxes and demolition charges from owners of abandoned property. Tony Bottar, Greg Brown, John Factor, Al Schein,and Warren Gleicher are assisting in the revision of the County's Environmental Quality Code. The County plans to up-date the existing sections, which deal with air and water pollution and solid waste disposal, and to develop new regulations for noise pollution and land use management. Terence Centner, Jed Macy, Mitch Wilenski, Martin Krutzel, and Larry Stevens are involved in developing a comprehensive plan for constructing and regulating bike paths throughout the entire County. Six students are working for New York Senate Committees under a new, state-wide legislative services program sponsored by the Office of Senate Majority Leader Warren Anderson in consultation with the Minority Office. Bob Gottfried, Ira Wiesner and Dave Horowitz are working for the Senate Housing Committee. They have been asked to develop a statute codifying a warranty of habitabillty and to examine the consequences such a statute might have (e.g., its impact on the availability of mortgage money). John McGilliard, Clark Lackert and Morgan Seeley are investigating the desirability of expanding the discretionary powers of Family Court J udges. Senator Anderson's Office has indicated that as part of the Senate research program, there will be money available to send participants to Albany next semester to discuss their findings with the appropriate committee members. Several students are involved in Projects which began last Spring. Gabe Ferber and Mitch Dinnerstein have been working on a request from State Senator Thomas McGowan to develop an incentive pay program for policemen who enroll in higher education courses. Ben Idziak, Ray Bowie and Tom Palmerhave been investigating the feasibility ol establishing a Tax Court of Appeals in New York State. Bill Ernsthaft and GabeFerber are developing a prospectus seeking federal funds forresearch in the area of problems of the elderly. The Project Directors, Ben Idziak, Jan Rosa and Pam Heilman, are currently writing a formal statement of Project procedures and criteria to be submitted to the APPC. This is the first step in the process of requesting approval of academic credit for participation in the Project. Several projects have been received by the BLP since students were formally recruited in September. Openings exist for the following projects: 1) parole procedures in New York State; 2) the use of assumed names by corporations; 3) consumer protection; and 4) treatment of youths classed as Persons in Need of Supervision (PINS). If you would be seriously interested in working on one of these projects, notify the BLP office located in Room 505 (next to the Fifth Floor Terrace entrance). �Editorials Prof. Homburger We strongly applaud the efforts of the faculty and students who have petitioned for reconsideration of the decision mady by the SUNY Board of Trustees to enforce their mandatory retirement age regulation in the case of Professor Adolf Homburger. Few law professors are so widely respected, and fewer still deserve it as much as Dr. Homburger. Asa legal scholar and instructor, Professor Homburger is without peers. His teaching is undoubtedly the most in demand within the entire law school, and his fitness to teach is untarnished by any of the factors presumed to exist in retirement-age instructors. We are hopeful that the Board of Trustees will reconsider its decision in this case so that the law school, its students, and its reputation will not .suffer the loss of an excellent law professor and authority in the essential legal field of New York Practice. In this, we support the efforts of the Faculty, the Student Bar Association, Chairman of the Moot Court Board, the Editor-in-Chief of Buffalo Law Review, and each class of Professor Homburger's students, all of whom have written and petitioned on his behalf. The Lure of Grants Faced with shrinking state support the last few years, the Law School administration has turned recently to outside grants for support of innovative programs where the prospect of SUNY sponsorship has dimmed. Grantsmanship, the art of seeking and acquiring needed grants, is, however, risky business, and while Provost Schwartz has been notably successful in the business, some recent developments merit thoughtful consideration. Few grants come without strings attached. Private foundations often insist that their grants be considered seed money for innovative programs that are later to be incorporated into the beneficiary's own budget, while the conditions attached to federal grants are even more infamous for reducing the recipient to a puppet controlled by Washington's strings. Occasionally, these latter strings are not even foreseen when the grant is accepted, as was the case with affirmative action mandates and, more recently, with the Javits-Kennedy bill which threatened to "draft" into domestic public service medical students graduating from schools which had accepted federal grants. More subtly, as reported in the New York Times (Oct. 15, 1974) by columnist Fred M. Hechinger, the seed money proferred by grants may be disastrous in periods of economic retrenchment by encouraging institutional overcommitment to expensive new programs that can ill be afforded without harming more basic programs. It's certainly food for thought. October 31, 1974 OPINION 2 Land Trans Transgressing? Scorecard Scored To the Editors: To the Editors: I am presently taking Land Transactions. Both I was disturbed by your publication of the grading "scorecard" in the last edition of Opinion last year and this year, the latter half of this course has consisted of out-of-class work on a distributed (Oct. 17, p. 7). I shall describe to you the range of problem. All problems, roughly twelve different possible meanings it presented to me. The report laid before us the distribution of ones, dealt and will again deal exclusively with grades for each professor in each class. This will no large-scale, commercial type transactions. When I doubt be of great use to students who are immersed asked the professor why the problems were all of a in the problem of getting an easy grader for the next commercial nature, when the casebook is divided term. Since we have no accompanying reports which between commercial and residential subjects, he document how professors arrived at these replied that "This is the way the real world is^ conclusions; since we have no reports about how I don't think, the "real world" is necessarily equitable the conclusions were we have no about multi-thousand dollar commercial substanoe with which to evaluate an instructor's transactions, although this is one area of possible fairness in grading. The concern here was in the practice. Some of us pfan on practicing such barefaced preoccupation with getting good marks mundane matters as closings on residential homes, not through performance, but through an unethical residential title matters, etc. Why not give students in Land Transactions the manipulation of the course selection process. Many schools have refrained from making the option of working in an area in which they are names of instructors available to students during personally interested? Howard Goldman course selection. One of their reasons lay in their fear that "easy" professors would have in their classes a preponderance of that special sort of student whose dessert always exceeds their achievements. Fortunately, faculties have moved away from these ungenerous assumptions about their students. By publishing the "scorecard," the editors have undercut faculty who advocate increased levels by Sara Zurenda, Treasurer of student responsibility in forming a legal education. The simplemindedness of the "scorecard " projected an image of the student body's concerns appreciate Mr. Davis' concern with the I which can ultimately only be detrimental to the complexity and seeming irrelevance of the rules advent of a progressive, more mature sort of legal which the SBA must follow in order to have education. Sub-Board I disburse its funds. As Mr. Davis should The report appeals to the least commendable I know, these rules are for the protection of elements in the student's personality. It elicits and ■ Sub-Board I, the SBA, all SBA organizations and reinforces the already excessive attention many pay i members, including BALSA, f would not care to see to getting a good grade. Grades, when taken in the I Mr. Davis being held personally liable for_ an frivolous way you presented them, are wholly empty \ incorrect application negligently accepted by me or achievements. I am afraid that some students will any of my superiors. readily cash in on the opportunity for cheapened Here are the facts Mr. Davis failed to disclose in success which you have availed to them. Ihis commentary regarding the payment of a travel advance to Ms. Barbara Rowan, who spoke on May I submit that the article is contrary to the well-publicized efforts by many here to promote 10, 1974 at BALSA's Minority Symposium. high standards of personal and professional ethics. Approximately one week prior to the event, Mr. The student paper was a sorry forum for its I Davis applied to me, the SBA Treasurer, for a travel ill-founded message for, in summary, the following advance for Ms. Rowan without adequate supporting three reasons: a) the "scorecard" did not reflect any data including her mode of travel and the list price of the real problems of grading, but only its window of that method. Mr. Davis further requested that the dressing; b) this simpleminded attitude cast the travel advance ostensibly for Ms. Rowan be made student body in an adolescent role not worthy of Ipayable to himself, Mr. Davis. This is not allowed, respect; c) it opens the door to charges that the nor has it been in the past, nor does it seem it will in student paper supports, or at least promotes, the future. Mr. Davis was so informed. In a unethical behavior in the course selection process. ■somewhat timely fashion, Mr. Davis furnished Ms. Ronald Eskin I Rowan's address, and the forms requesting the travel advance were submitted on May 7, 1974. Note: For many years now, Opinion has each The Office of Student Affairs held the request semester reported the grading distribution released fpending the receipt of further information from me by the Registrar's Office, without faculty or student \via Mr. Davis. When the information was deemed complaint as to its effect. We welcome, of course, (complete, not by me, but by the Office of Student any further comment as to its advantages or /Affairs, Ms. Rowan was paid her travel advance disadvantages.. according to our REP form number 096574. i — SBA: NOT KAFKAESQUE '' < '• << < ' '' ' An Analysis: Minority Student Enrollment Declines by Gerald A. Hudson the decision made in Albany and elsewhere to limit the financial support awarded to minority students at the law school. This limitation on the awarding of full tuition waivers to minority students has put thelaw school at a severe disadvantage in attracting minority students. This basic modification in the program tends to accomplish what the DeFunis case failed to do, the stifling of equal access to a legal education for all persons rega.rdless of cultural or economic background. In the origination of the Minority Student' Program at the law school, there was a recognized fact that substantial financial support would be essential to the success of the program. There is some question whether the law school and the University has dedicated minority persons: itself to securing The decline in enrollment, sufficient financial support, even however, may be attributed to though efforts have been made in other factors. One such factor is the past to secure additional Efforts have been made since 1968 to increase the number of minority students enrolled at the law school. These efforts were coordinated into a program that offered modifications in the regular admission criteria and full tuition waivers for those minority students chosen. This effort has dissipated four years later, as witnessed by the more than 55% decline in the number of minority students enrolled in the first year class as compared to the prior year. Thisdecline in enrollment comes in the aftermath of DeFunis v, Odegaard, where a white student who was deniedadmission to law school challenged the legality of a law school admission practice which allegedly gave preference to -funding from other sources. This lack of financial support perhaps can be positively correlated to the academic success of students, whereas first-year students are forced to allocate study time loan activity which will help support a legal education while maintaininga reasonable student standard of living. The Minority Student Program has been further hampered by the law school's decision to construct an admissions policy that will admit minority students but will be protected against possible legal attack. The practicality ofany such policy change in securing a substantial minority enrollment at the law school-isdebatable in light of the, built-in cultural and educational bias, of the regular admission criteria. Professor Jacob Hyman is preparing for submission to the Long. Range Planning Committee policy recommendations which would endorse the continuation of affirmative action in the selection of both students and faculty. Future policy considerations must realistically deal with the student financial need question and the prospects of a progressive admissions policy. Apathy by students, faculty, and the administration will severely jeopardize any evidence of equal opportunity and protection at JohnLordO Brian Hall. , Volume 15, Number 3 flr»ir»i«-»r» UUIIIIOII October 31,1974 Editors-in-Chief Ray Bowie Kay Wigtil Guinane Managing Editor: Matthew Leeds News Editor: Michael Stoller Feature Editor: Louise Tarantino Photography Editor: Eric Zaetsch Articles Editor: |ohn Stuart Alumni Editor: Earl Carrel Sports Editor: Dave Gerlnger Business Manager: Allan Mantel Staff: Dennis Pasiak, |eff Chamberlain, Shelley Taylor Convlssar Gerry Hudson, Gary Muldoon, )an Rosa, Sheilah Rostow OPINION Is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed In this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organllatlon Third postage Class entered at Buffalo, New York. Editorial policy of OPINION Is determinedcollectively by the Editorial Board. OPINION is funded by SBA from Student iw f««i I �October 31, 1974 OPINION 3 Verge Of Greatness by Allan D. End of the Bar Mantel For those who may have forgotten, or those who may not know, in 1972 a joint reinspection committee of the American Association of Law Schools and the American Bar Association appraised ÜBLaw School as one ofthe few legal institutions in by I eff Chamberlain the nation which had the potential of elevating itself from provinciality to national prominence. The phrase used to describe our overdue recognition became a rallying cry for the Law School, the iinii t, Ui less lint ctiit^cii. University and the Albany bureaucracy: UB Law ****/ ""'"5 School was on the "Verge of Greatness!'" There would be very little sense in having a law school if there Much of the referred to appraisal resulted from were no such things as laws. Fortunately, there are such mythical the inspection of our beautiful? functional? well easts, some of which seem to have been created solely for our at least, adequate newHiome. However, a building musement or aggravation. These laws are not absolute. Social realities does not a law school make, and I suggest that ictate that "it depends" is the only really accurate, all-purpose answer amidst the euphoria there looms a healthy o a question of "what the law is" at least before the infallible test skepticism of administration policies and some fa court decision on the matter. But there are, of course, otherlaws reservation regarding their Implementation. >esides statutes,' executive orders, administrative rulings, court Therefore, from time to time I intend to take a and parental insistences; laws which, perverse as it may " ecisions, critical look at the institutions and policies of this seem, have no direct relationship to The Judicial Process at all. law school and attempt to appraise their focus, There are, for example, scientific laws. Scientific laws used to be direction and success. It is this writer's opinion that bsolute: universally applicable to the relevant phenomena and those responsible for the law school's development xpressly accurate if technical operations were performed correctly, must not become complacently satisfied with or every physical action there was an equal and opposite reaction, rhetorical accolades, but rather must continually hether in an airplane traveling at the speed of sound or on a waterbed strive to realize the of this school's than stellar. There have been positive efforts, and I oving at a somewhat lesser speed. But the scientific revolution of metamorphosis in ourlifetime. do not want to make light of them. Sample resumes lativity changed all that,and as a result my body, which is described and cover letters have been readily available. n my passport, has lost its friendly corporeal solidity and is, I'm told, Additionally, three placement workshops have been etter "explained" by physicists I PLACEMENT, OR THE LACK THEREOF and other magicians as a generally held to familiarize students with the mechanics of ry configuration of generally airy molecules, atoms, and other such Considerable concern has been voiced for quite finding employment. These efforts appreciated ntological mysteries. Too, my mind, which is described by are some time over the law school's inadequate and applauded. However, these very sychologists and other theologians, is no more the are the. "root of my placement facility. The concern is thoroughly minimum of what one expects from a competent onsciousness," dependent upon an apocryphal pineal gland to understandable, for* placement is the "bread and placement office, and when butter" issue of every law school. Every graduate placement's handling of this year's one appraises ansmit its orders to my body (see above), but is in reality no more meagerinterview lan a complex piece of electrical circuitry whose impulses are rightfully expects and deserves some assistance from schedule, something less than satisfactory is the easurable by Alpha-wave monitoring devices and the like. his legal alma mater in tracking down, at the very honest appraisal. If you say that you do not fully understand this, I will confess least, that first law-related job. Looking at various The number of those interviewing was piddling; at do not either; but the point is that with the decline n' religion law schools, one realizes that the schools have however the demand for interviews was great. To my nd Ithe corresponding advancement of the science of relativity, highly sophisticated placement operations, involving knowledge, no notice of an interview schedule was erything which smacks of an "absolute law" has been marked by an outside public relation operatives, which provide given, no information regarding sign-up procedures xceedingly bad press. Fortunately, however, for those disciples of their students with a national network of was disseminated, no publicity was available to ogmatism in thinking, there are a few absolute truths left. After employment contacts. (NYU's interviewlist contains inform students of placement services generally. onsiderable dilligence, I have compiled the following eclectic 220 firms, and scans 40 different employment Consequently, as of October 9, there were 427 total ollection of Immutable Laws (all of which, by the way, are "real"and locales.) The "not-so-great" schools provide no interview slots for the 18 firms. Of these 427 slots, credited to their creator whenever possible): continued on page 4 placement service, and force their graduates to fend 53 were vacant. (It should be noted that the for themselves, while the "verge-of-greatness" vacancies appeared in Action; Touche Ross, an schools provide something in between. UB Law accounting firm; and the Judge Advocate Offices of School's placement office has been in operation the Marines and Army.) The 374 reserved slots were since last November, and our interview list totals 18 filled by 108 individuals, which averaged 3.5 prospective employers. The implications are obvious. interviews per individual. The upperclass enrollment by the Buffalo Chapter, ÜB's placement problem stems from three totals 489 (184-senior class; 295-junior class), and National Lawyers Guild I sources: 1) lack of fundsresulting from the reneging contend that most, if not all, would have liked an by the University on what were thought to be firm opportunity to interview at least one firm. The recent student-faculty-administration discussion which has budget line commitments; 2) a general |ack of Un fortunately, more than three-fourths of the been generated by the open letter to the faculty authored by a small national recognition; and 3) deficiencies within the upperclass was precluded from doing so because number of students prompts the Buffalo Chapter of the National existingplacement office. placement failed to give adequate publicity to its Lawyers Guild to comment on the future directionsof this law school. In terms of long-range objectives, the University most significant service. In making these comments we acknowledge that we are inclined to has dealt the severest blow to the creation of a It is not unreasonable to expect students to help agree with a few propositions contained in that letter, notably those nationally-recognized placement service at the law themselves by seeking out offered services. relating to availability and continuity of course offerings which satisfy school. Until last year, the Deanhad been given firm Ordinarily, this is in fact a student responsibility. diverse needs. However, both the tenor and underlyingassumptions of assurances that two full-time budget lines would be However, it is unreasonable to expect students to be the letter cause us considerable concern. available for placement. Purportedly the law school aware of services whichheretofore did not exist. It is In characterizing the law school's resources having been was to have a permanent in-house line, as well as a unreasonable to expect students to ferret out these "diverted" there is an implicit suggestion that suchasresources have full-time outside operative, whose main function services during the hectic first weeks of a new somehow been siphoned off from the main stream only to flow into would involve publicizing the school and drumming semester without adequate notice and publicity. It is some esoteric and unrelated "backwaters." We cannot accept such a up job contacts. Late last spring, ft became known inherently unfair to allow those with prior proposition. that funds once thought available had dried up, and knowledge to entirely consume a service before First, we would hope that an appeal to "professional areas" or that the law school would have to settle for the substantial numbers of similarly situated persons "careers" is not seme myopic regression from which everyone would present budget allocation: no full-time placement .have even become aware that a service exists. The lose. "Professional" carries many connotations. In one sense it refers personnel. Instead, a split line was offered and effort to publicize would have been minimal; the risk to practice of law as distinguished from instruction or scholarly accepted, in which 60% of the line was allocated for of imposing substantial harm was great; and the inquiry. In another respect "professional" may mean that cold, placement, and the remaining 40% allocated for result is negligence. rigorous analytical quality which some urge should enable the required teaching time. Little information has been Where does this leave us, the students of UB practitioner to serve as an advocate for either side to a dispute. Yet offered to shed light on the intra-university Law School? Frankly, we are left with a facility that another meaning is closely tied to ethics or propriety behaving negotiations which led to this incredible state of is inherently inadequate due to insufficient funding, professionally, as it were. However, there is yet another meaning which affairs. Similarly, we are left to ponder whether the a facility which is therefore unable to perform those attaches to "professional" and thatis a tired, old, oppressive law which law school administration "went to the mattresses" functions which would thrust UB onto the national I limits students, teachersand practitioners and breeds gross inequities. to effectively lobby for more than a token budgetary market, and a facility which performs its own It is thislast form that we vehemently reject. administrative functions in a somewhat less than Inasmuch as practice or field experience is a crucial part of allotment. The significance of the University's satisfactory manner. Of course, I am reminded of | professional education, we urge that clinical programs of the highest administrative amputation is particularly our future plans, and that Rome was not built in a i quality be developed and implemented forall who wish to participate. underscored by the results of the placementoffice's day. One day we will be recognized as a national I It is essential that such programs draw on diverse talents and from effort to attract interviewers to the school. institution, with a nationally-recognized placement | programs of differing points of view in order that the graduates of a Approximately 6000 invitations were extended to facility. However, what do we say to the classes of '.state law school can meet their obligations to the people. It is also most important to expose students to the literature and hiring firms and government agencies. As of October yesterday, today and the immediate tomorrow? The 9th, the response has totaled 18!! To say that UB ability to look back years from now and proudly I thinking of other disciplines. It is terribly narrow to assert that other Law School suffers from a lack of recognition is the display a UB degree is little solace for those ; academic areas are somehow off the main path, not really a part of understatement of the year. The need for a graduating classes which are forced to go it alone in I legal education, and in any event something to be pursued on one's professionally-staffed placement office-is glaringly this legal market. The lines of responsibility are (own time somewhere else. On the contrary, only the person who is clearly drawn: the University and, particularly, the i abje to thinkabout alternative means of solving a problem and who is "•" apparent. Funding and reputation aside, the performance Law School have an outstanding duty to the present s sensitive to the larger world of people and ideas can do the job he or of the present placement officehas likewise been less as well as the future. continued on page 4 Immutable Laws — - — The GuildStand - , —. - �4 Students Crush Faculty In 1st Annual Football Game by Gary Muldoon A hotly-contested football game took place on a chilly Saturday morning recently between the law school students and faculty. Injuries plagued both teams and played a decisive factor in the game, but when the smoke had cI eared, the students had stomped out avictory, 38-13. Prior to the game, the students were picked byoddsmakerFreddie the Greekas the six-point favorites. The starting faculty team, well organized and efficient, was composed of Robert Reis, Barry Boyer, Haywood Burns, Dan Holley, Ron Allen, and Richard Bell. However, a hamstring-muscle injury early in the game sidelined Allen, so Jason Karp took Allen's place for the rest of the game. The student team in the first half was inefficient and disorganized, so the faculty, led by Burns at quarterback, got on the Scoreboard first. Reis caught a touchdown pass, but the point after was missed. Shortly after that score, Burns connected again, this time to Holley for the faculty's second touchdown. Bell made the pointafter, fora 13-0score. Steve Telzak, one of the student team's offensive guards, was temporarily sidelined with a jaw injury after receiving an allegedly intentional tort from Hoiley. However, students on the sidelines thought that assumption of risk was a defense. A late first-half rally by the students ended up with a touchdown reception by Lenny Novak from QB Don Vogelman. However, Haywood Burns,playing defensive end on the play, sustained a shoulder separation that threatened to dejay both the game and the Attica trials. Burns was taken to the hospital, and the faculty, with only five men, got Jeff the Ref to take Burns' place. Theref's place was taken by Randy Greene, who had injured his back on a previous play. October 31, 1974 OPINION Immutable Laws - continued First, are five laws which from page 3 During half-time, the marching band did not show up, but refreshments were provided by Schaeffer. The students dominated the game in the second half, and the faculty team, sans Burns, gave up touchdown after touchdown. excerpt the characteristics of the Intergalactic Conspiracy To Deprive Right To Happiness: (your name) Of His/Her Jenkinson's Law: It won't work. Pudder's Law: Anything that begins well ends badly. Borkowski's Law: You can't guard against the arbitrary. Sattinger's Law: It works better if you plug it in. Murphy's Law: 1. Nothing is as easy as it looks. 2. Everything takes longer than you think. 3. If anything can go wrong, it will. Next, four contributions which help explain the workings (or non-workings) of bureaucracies: Oeser's Law: There is a tendency for the person in the most touchdown to even the score. Allen all his time serving on Schneier intercepted a faculty pass powerful position in an organization to spend and ran in for the score. Paul committeesand signing letters. Dow's Law: In a hierarchical organization, the higher the level, the Equalecaught a screen pass and ran 65 yards for a touchdown. Later greater the confusion. Parkinson's Law: Work expands to fill the timeallotted for.it. on, another Ramirez reception put The Peter Principle: In a hierarchy every person tends to rise to the ball on the faculty two-yard line, and Lenny Novak ran in for his own level of incompetence. Third, two comments about ThePresent State Of Affairs: the score. Somehow, the score was Price's First Law: If everybody doesn't want it, nobody gets it. finally 38-13. Kitman's Law: Pure drivel tends to drive off the TV screen Second-year student Ron Ramirez took a pass from Vogelman for a Students expressed hope that ordinary drivel. The next four Laws are the only rational observations of which I the football game might become an annual event, but they thought am aware about the so-called quantitative "social sciences": that in the future it would be Hart's Law of Observation: In a country as big as the United necessary to spot the faculty a few States you can find fifty examples of anything. touchdowns. The Law of the Perversity of Nature: You cannot successfully determinebeforehand which side of the bread to butter. Harvard Law: Under the most rigorously controlledconditions of pressure, temperature, volume, humidity, and other variables, the organism will do as it damn well pleases. (A.S. Sussman). Dibble's First Law of Sociology: Some do, some don't. And finally, the Les MiserablesMetalaw:* All laws, whether good, bad, or indifferent, must be obeyed to the letter. (L. Peter). Gifts." Here's a way to beat the high cost of Christmasand still af*A metalaw is a law about laws. ford to give gifts.-It will be held on November sth at 7:30 p.m. in the Faculty Lounge. Everyone is continued from page 3 invited! she may be called upon to do. In this connection, we take notice of the serious limitations of the recently circulated student input On November 15 (also in the questionnaire. Many of the questions foreclosed any responses other Faculty Lounge) there will be a than those which only confirmed the assumptions of the person(s) business meeting and the second who devised that five-page inventory, assumptions which were mini-Lecture with Mr. Wade Newreflected in traditional categorical sorts of questions. house, and on November 24th, a And so we too are deeply and genuinely concerned about where Family Bowling Party is planned this law school ancTits students are going. We are hopeful that the at the UB Lanes (Main Campus). larger goal of "competence" can be framed in such a way as to satisfy Let us not forget the Moot Court the wants and aspirations of a diversified student body and serve the Competition scheduled to be held needs of a larger community of people. November 19th. Dan McDonald has been asked to come and speak To the finderof books notes, and tape recorder left on hood of auto in to a gathering of interested memsmall parking lot near Law School at 10:30 p.m. Oct. 24th: please, at bers about Moot Court and the least return books and notes to 3rd Floor Office or call Angela competition at 6:30 p.m. After Wickert. 876-9429. that meeting all those who wish will accompany Dan to the com"Self-realization is petition itself. Many more activities and the one true BIRTH." meetings are planned for the upcoming year. Both Opinion and Ramana Waharashi the L.S.A. Newsletter will keep all those interested informed LSA Plans ActiveFall The Law Spouses Association commenced operations in earnest this year on October 8 with a meeting of the Executive Committee called to approve the draft of the Constitution, before it was formally submitted to the SBA. The Executive Committee is comprised of committee chairpersons and the elected officers of the Association.Under the direction of President Nancy Kitchen, the proposed Constitution was closely analyzed and each section and article acted upon. The Constitution, as amended, was approved by the full committee and reported to the general membership at the second business meeting October 15. The membership was faced with a real set-back when Nancy Kitchen, President, and Lois Weinstein, Vice President, both announced their intentions to resign. It was with a general sense of loss that the membership accepted their resignations. Their guidance will be missed, but they will both remain active in the Association. Thanks to thatConstitution on which they had worked so hard, provision has been made for an election of two officers to replace Nancy and Lois. The nominating Committee has been created under the chairmanship of Mary Jane Shonn, and nominations and elections will take place at the next business meeting November 14 at 7:30 p.m. in the Faculty Lounge. All dues paying members of good standing are eligible to vote and are urged to attend. Also at thebusiness meeting reports were read from the other officers and plans for variousfuture events were discussed. Mary Jane Shonn reported on attempts made by the Day Care Center Committee to feel out community receptiveness to the idea of a Day Care Center on the Amherst Campus. Don Monacelli, the mastermind behind the L.S.A. Liquor and Wine Raffle (A.X.A. Booze Binge), reported on the condition of this enterprise. Tickets are on sale now, form any L.S.A. member, and are a dollar apiece. For your dollar you have a chance to win the First Prize of (approx.) $25.00 worth of booze and wine. Several other prizes will also be awarded. The proceeds from the Raffle will go to the L.S.A. Scholarship Fund which hopes to collect enough money to provide scholarships to needy married students. No self-respecting law student should pass up this opportunity so, if you want a ticket, find a married student. The drawing will be held December 14; you need not be present to win. The first L.S.A. Newsletter will be published in early November. Because of current economics it will only be sent to members of the Association; however, copies will be posted on bulletin boards around the law School building. Anyone who wishes to contribute information of interest to the Association and its members or who would like to be placed on the mailing list should contact Cindy Solomon: 838-4645 or Terry Vasquez: 837-3576. The Newsletter will be published monthly. The Highlight of the evening, however, was the first mini-lecture given by Janet Harring. Ms. Harring, who came to the Law School last year, spoke to the meeting about Torts Theory: what it is and isn't. It was apparent, during the question and answer period after the lecture, that many members had not realised how closely__the law of Torts related to their daily lives. The Mini-Lecture Series is an attempt to humanize the law, and the membership of the Association is very grateful to Ms. Harring for being the first to so ably break the ice on this venture this year. The Italian Pot Luck Dinner held October 26th at Jaime and Tom Collins was a great success and a great beginning to the social events of the year. Next on the Calendar... Mrs. Laufer will give a demonstration of "Making your own , The Guild Stand - . , - Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 Telephone: 854-1846 Denman Lectures continued from page 1 in Buffalo. Five thousand dollar structures are often insured over the telephone for thirty thousand dollars. Agents and the insurer then split the proceeds when the building burns down, leaving a nice profit forboth. Finally, another problem concerning these old structures is demolition, as to who will and when will these old buildings be torn down. Often people will not pay taxes on these old structures, and after three years the City of Buffalo finds out that it is the proud owner of a 1908 rat-infested fire trap. The City incurs the expense of tearing it down. The chief dilemma in this area is whether the City should tear the building down itself or if a private con tractor should. Contractors will not touch a building for less than three thousand dollars. Connecticut Mutual Life • THE BLUE CHIP COMPANY SINCE 1846 The second type of case involves the large-scale operators as opposed to the small owner described above, judge Denman described the Ralston Purina case, in which the corporation made a gift of a grain elevator to the Hope Baptist Church. The corporation received a large tax write-off, but just before giving the grain elevator over to the church, it removed everything of value from it. The church was left with an empty shell, and the beneficial usesof an old grain elevator with all machinery, woodwork, plumbing and electricat fixtures removed are quite restricted. Of course, the City is left with the shell, and a demolition bill in the high six figures. In closing, judge Denman pointed out that the Housing Court is faced by massive prob- lems that have accumulated over the years. The Courtis not quite one yearold, but she sees a good future for it. With proper help in terms of staff and funds, and with a realization among those in authority of the magnitude of these housing problems, Judge Denman firmly believes that the Housing Court should continue and will make a vital contribution to the citizensof Buffalo. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-10-31 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/31/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/24aab1e90d6c6a1d8713796a679496ba.pdf 236dfd0333637c174692e86c3f6ba08d PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume 15, No. 4 State University of New York Sen. Dunne Urges Action on Prepaid Legal Services at Buffalo School of Law by Ray Bowie State Senator John R. Dunne, chairman of the Senate Insurance Committee and author of a "legalcare" bill now before the legislature, called upon the legal profession to support the development of prepaid legal service plans last week in an address before Distinguished Visitors Forum. Senator Dunne set the context for his call to the profession by citing growing criticism of the profession by consumer organizations, the press, governmental sources, and even the judiciary, which have faulted attorneys for their reluctance to innovate or discipline themselves sufficiently where public need is manifest. The resulting dissatisfaction has, he said, given rise to demands for governmental regulation of the legal profession, evident in Sen. Tunney's Judiciary subcommittee on legal service needs and the recent anti-trust actions against minimum fee schedules. "Clearly," Sen. Dunne observed, "prepaid legal services plans have arrived," noting that a Taft-Hartley Act amendment now allows employer contributions to prepaid legal services insurance funds and that unions are de manding such plans as their contracts come up for renewal. Speaking to the mechanics of prepaid legal services, Sen. Dunne explained that there are two basic schemes: closed panel and open panel, the difference being that closed panel involves a client group contracting with a specific group of attorneys while open panel allows a group of attorneys to offer a prepaid plan to the public at large. The plans, both closed and open panel, vary widely as to costs, benefits and other terms similar to group medical insur- ance, with the underlyingpremise being the insurance principle of "spreading risks" so as to minimize cost to the individual. A client group under the closed panel system could, he added, establish a prepaid plan by either retaining its own counsel, contracting with a specific firm, or arranging with an insurance company to be reimbursed for legal expenses according to a schedule of fees. "A substantial number of lawyers view prepaid legal services plans as an improvement," Sen. Dunne contended, but "while practically ail bar associations are aware of this interest, the difficulty is in reconciling different provisions, chiefly open or closed panels." Consumer advocates, meanwhile, have demanded low cost, quality services, and the avoiding of the escalating cost patterns characteristic of group health plans. The American Bar Association, Dunne noted, has been studying prepaid plans since 1968 but has not opted for any particular prototype, preferring instead to preserve local flexibility. In 1972, the ABA urged state and local bar associations to involve themselves in sponsorship of prepaid plans but to allow freedom of choice of attorneys. Consumer and labor organ izations, Dunne recounted, identified this with open panels, and feared that bar associations might use the ABA resolution to suppress closed panel plans, thereby permitting the bar to fix fees with the open panel plans. "A prepaid plan," he emphasized, "must be designed for consumers, not for lawyers." To this end, Sen. Dunne advocated that prepaid plans be open to constant review to insure responsiveness to the consumers of legal services, - continuedon page 7 November 14,1^74 Budget Snarls Mount: SBA Treasurer Resigns the SBA Treasurer was failing to submit requisition-purchase forms to Sub-Board so that checks could be written against the amounts SBA Treasurer Sara Zurenda SBA vouchered. resigned from office last week following a meeting of the SBA Ms. Zurenda, elected Treasurer Executive Board at which budget last March, claimed, whenever grievances were reportedly freely contacted about the delays, that discussed. she had eithermailed out the forms to Sub-Board, never received the Several SBA organizations have organization vouchers in a timely been complaining to President Don manner, or else found the delays to Lohr over the summer and into the be a Sub-Board responsibility. Part fall that they had been unable to of the problem, conjectured one obtain supplies, make SBA source, was thatMs. Zurenda commitments involving their preferred to waituntil a number of budgets, or pay creditors due to vouchers had accumulated with inexplicable delays in the SBA before sending processing of their vouchers. requi sit ion-purchase forms to Sub-Board I, the custodial agent Sub-Board in a large batch. for student governments, Under procedures in effect last repeatedly informed Mr. Lohr that year, SBAorganizations presented In the wake of mounting complaints from student organizations and SBA officers as to delays in vouchering expenses, State Sen. John R. Dunne, DVF Lecturer Opirwii John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 1426C Interview: vouchers with receipts to §BA, whereupon the Treasurer was tp fill out a requisition-purchase form and submit it to. Sub-Board, which wrote the check for the indicated amount. Critics of Ms. Zurenda's performance as Treasurer charged that the budgetary snarls resulted from her alleged negligence in submitting requisition-purchase forms to Sub-Board, while tMs. Zurenda herself had pointed1 to Sub-Board as the source oftthe delays. Following her resignationat the Executive Board meeting, SBA President Lohr requested that" an SBA director volunteer to assume the acting treasurership,but there was little immediate interest in.the position, many directbrs reportedly fearing that the budget problemsposed too greata burden. The Sociologist of Law & The Legal 'Subculture' "How about you?" "But, I'm not a lawyer." "That might not be a prerequisite." Richard Schwartz, a Professor of Sociology and Law at Northwestern University, had been asked by a member of a search committee to evaluate several candidates for the position of Dean of Buffalo Law School when he was asked the surprising question. He paid attention. "It was like Groucho Marx saying that any club that would have me I wouldn't care to be a member of but in reverse. Any law school that would consider a non-lawyer as dean would have to be interesting." But, as evidenced by his background, Schwartz was anything but alien to legal institutions that he had called in a 1959 article "the most intriguing subculture I have ever studied." The New jersey born, Connecticut-educated scholar, who took his undergraduate and graduate work at Yale University and then taught Sociology and Sociology of Law both there and at Northwestern, finally agreed to be dean of the Buffalo chapter of that intriguing subculture in 1971. At the same time he assumed the positions of Dean Richard D. Schwartz Provost of the Faculty of Law and Jurisprudence and Professor in the Faculty of Law and Jurisprudence and in the Sociology Department. 'Still, a sociologist of law as the dean of a law Law journal 4 (1954). This, his first fullarticle, was • school is a striking anomaly, regardless of a beginning in many ways. "I became interested in the question: Why do preparation and interest. What is it like to be in such legal systems develop? What sorts of policies do legal a unique position? "Fascinating," says Schwartz. Schwartz' specific work on the law began systems deal with?" He found what he thought was twentyrfive years ago whenhis research of a doctoral at least a partial answer. "If societal control systems that already exisf.in thesis took him to Israel to study the social and legal systems of two forms of Israeli communes, the a society are coping satisfactorily, then you may kibbutz and the moshav. Out of this work came an never get the generation of a legal system. But, those invitation to write an article for the Yale Law societal controls must be generally effective as Journal which at the time was seeking to devices for managing disturbance," Schwartz de-emphasize its strict legal orientation. After two described his assertion in a recent interview. An equally important aspect of the finding was more years of post-doctoral study, that offer was finally accepted with the publication of "Social its promise as a general hypothesis, testable in other Development Legal settings than the one from which it derived. of Control: social Factors in the A Case Study of Two Israeli Settlements" in 64 Yale concluded next issue - , - �14; 1974 OPINION 2 Editorials Trenchant Observation Dear Editor, Did you know that, according to Bernice Stachowicz, the Law School uses about 30 pounds of coffee every day? If anyone were ambitiously sought the chief judgeship. to charge that we wasted food, In one of his few explicit campaign pledges, they would certainly have Governor-elect Hugh L. Carey has committed himself to an adequate grounds. appointive system of judicial selection for State judges, GaryMuldoon under which system Jacob Fuchsberg would assuredly have ever sitting hell of stood the proverbial snowball's chance in on a State bench. While the damage is done in this case, let's hope that Mr. Carey achieves his pledge so that a like disgrace never again blackens the New York Judiciary. Disgrace Demands Albany Action Nothing more could point but the necessity for State legislative action to provide for appointment of State judges under the Constitution than the disgrace perpetrated on the Judiciary last week by the election of Jacob Fuchsberg to the Court of Appeals. Fuchsberg, a man without judicial qualifications who has now bought himself an associate judgeship, had been criticized by citizen and bar groups for his deceptive self-advertisement and his disreputable campaign tactics both this year and last, when he . Smoke Gets In Your Food UP FROM THE NADIR In a year in which the mandatory student activity fee must be submitted to referendum in each of the University's student bodies, one would assume that the various student governments and Sub-Board, their common custodial agent, would take special care to insure that the allocation and disbursement of student monies is accomplished in a manner that is equitable and efficient for student groups and their creditors. At least with respect to the operations of Sub-Board and our own SBA, however, the opposite is more accurately the case, and the situation seems to be reaching new nadirs. Throughout the spring and into this fall, vouchers, receipts, and requisition forms seem to have oozed like molasses at freezing temperature between the SBA and Sub-Board, even while the activities of student organizations and their relations with creditors have at times hovered around absolute zero. Activities have stagnated, supplies have dwindled, creditors have sued, and promises have been undercut in a dizzying vertigo of fiscal ineptitude culminating recently with the resignation of SBA's treasurer. But however derelict one treasurer may have been, it would be seriously myopic to believe that SBA's budgetary snarls were the product of merely individual negligence or incompetence rather than systemic defects. All SBA disbursements currently pass through Sub-Board I, a student-created monument to bureaucratic procedure and paper-pushing that shows that, in at least one respect, students are In the same league as Albany and Washington. This monument is charged with keeping custody of SBA monies and writing checks against vouchers submitted by SBA. At other SUNY units across the state, student governments often keep their own books and authorize a bonded treasurer or secretary to write their own checks, thereby facilitating local budgetary supervision and disbursement efficiency. With its small budget and ready accessibility to students, SBA could withdraw its budget from Sub-Board's custody, hire a student knowledgable in accounting to keep the books, and bond the president and treasurer so that they could write checks against funds allocated to student groups. Systemic defects call for systemic remedy, and few would disagree that some remedy must be sought now to" preserve SBA's fiscal integrity and protect against a negative vote in this spring's activity fee referendum. To these ends, we urge SBA to at least investigate proceeding toward budgetary autonomy. DANGER IN EXCLUSION At the October 30 meeting of BALSA, New York State Assemblyman Arthur O. Eve requested that the Opinion photographer covering the event absent himself from the meeting, citing prior adverse coverage in the "UB press" concerning a dispute between himself and President Ketter as a reason for the request. Because of Mr. Eve's stature in the community, Opinion felt his appearance at the Law School merited full coverage, for which BALSA was asked to write the article while Opinion would photograph the event. While Assemblyman Eve might be justified in claiming that he has received bad press in the past, this has, first of all, certainly not been the case with Opinion, as our attempt to cover his appearance here would have been our very first coverage of Mr. Eve. We regret that Mr. Eve seemingly identified us with other newspapers and hence castnegative aspersions on our journalistic efforts. Assemblyman Eve also claimed that his appearance before BALSA was private or exclusive and consequently not open to the student body or press. Opinion firmly believes that, while confidentiality is to be respected, the practice or policy of the Law School in making its facilities available, or of student organizations in sponsoring events, should be to avoid exclusion of any members of the Law School community or the representatives of the media, who seek to serve that community. In the case of Mr. Eve's appearance, reporting of the event was entrusted to BALSA's discretion while Opinion sought only photographs, this arrangement having been suggested to preserve necessary confidentialities. To its credit, BALSA itself did nothing to close the meeting or hinder media coverage. We urge upon all student organizations the recognition that closed proceedings and restrictions on communication would only breed distrust and misunderstanding among students, thereby having the unwanted effect of isolating such groups from the community of which they are necessarily part. Such an outcome, we choose to believe, would be as abhorrent to Assemblyman Eve as it is to us. Volume IS, Number 4 November 14,1974 ALUMNI LINE by Earl S. Carrel JOHN M.N. ZA/AS, '39, died October 16, 1974, Our congratulations go out to all of our Alumni He was a former acting Lackawanna City Court who were successful in the recent elections. There Judge and assistant Erie County District Attorney. are too many to mention each individually, but as always, it is nice to see so many UB Law School JOHN W. CREAHAN, '50, has been named a graduates active in the community. standing trustee in U.S. Bankruptcy Court. He will Other than the elections and general bad news, I handle cases in the 16 counties of the Western the last month has been fairly quiet. Contributions I District of New York outside of Erie County. As are always welcome for this column, just send them trustee, Mr. Creahan will help debtors avoid in toALUMNI LINE. Ibankruptcy through the Wage Earner Plan under Looking ahead to some future columns, we will i Chapter XLLI. Rudolph open judge letter from Johnson, have.an HUGH McM. RUSS, JR., '57, has been the president of the Law Afumni Association, some comments on the state of the Continuing Legal ; appointed to the Erie County Board .nf Ethic&nA / Education Program, and some surprising comments | partner in the firm of Hodgson,'Russ, Androits, i on the art of lawyering. Of course there will be the Woods, and Goodyear, Mr. Russ will serve through )uly, 1976. usual class notes and items of interest. ' Dear Editor, One of the hardest things for me to get used to as a first year law student has not been the new language, the longhours ofreading, or the struggle to understand new concepts, but rather the difficulty in constantly being around people who smoke! Now, that may seem like a ridiculous concern to people who have smoked for a long timeor who have accepted other people's smoking, but for someone like me who is not used to having her throat hurt, eyes water, and hair and ctothes smell of tobacco, it is a very real concern. I don't want to get into a heavy discussion on the "evils"of smoking the air pollution, danger to one's health, subtle self-inflicted oppression, oral fixation in order to convince pfiVP.'e to stop smoking, but I do think there should be a place where non-smokers can meet, talk and, in particular, eat without cigarette smoke and smell permeating the air. Except for the" library and in some classes, there are very few areas in the building where non-smokers can get away from the smoke. And smoke-free places to eat are virtually non-existent. Because of this very real problem, I would like to propose that the small eating room on the second floor be designated as a non-smoking area. The room has almost no ventilation, so smoking there is particularly offensive. It is a small self-contained space with many tables and chairs close together, making it practically impossible to get away from cigarette smoke there. Smokers may have forgotten what food tastes like, their senses of smell and taste being so distorted by now, but non-smokers don't want to lose these senses. Smokers may be Editors-in-Chief Ray Bowie - — - continued onpage 7 ()|)?Ilit)Il Kay Wigtil Guinane Managing Editor: Matthew Leeds News Editor: Michael Stoller Feature Editor: Louise Tarantino Photography Editor: Eric Zaetsch Articles Editor: |ohn Stuart Alumni Editor: Earl Carrel Sports Editor: Dave Geringer Business Manager: Allan Mantel Staff: Dennis Pasiak, |eff Chamberlain, Shelley Taylor Convlssar, Gerry Hudson, Gary Muldoon, |an Rosa, Sheilah Rostow Terry Centner is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo. School of Law, |ohn Lord O'Brlan Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Classpostage entered at Buffalo, New York. Editorial policy oroPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from student I. aw Fees. Lp OPINION i . �November 14,1»74 OPINION 3 Perspectives In Legal Medicine EncTof the Bar SHAKESPEARE I by Howard Stirling The purpose of this column is to acquaint those within the legal profession with the crucial importance thatmedicine has on the practice of law today. It has been estimated that between 60 and 80 per cent of all trial level cases in the United States, in courts and administrative agencies, involve medical evidence. In addition, thereis the ever burgeoning field of medical malpractice, in which a knowledge of medical jurisprudence is obviously critical. This column in succeeding installments will explore several of the great issues current in legal medicine. Two examples for now within the field of medical malpractice are (1) expanding notions of informed consent and (2) holding physicians liable for errors in medical diagnosis, a new concept. The discussion contained will hopefully be on a sound, rational basis and will avoid mud-slinging verbal barrages that have been traditional between lawyers and doctors. As the issues are always very controversial, they are also very interesting. In addition, the issues in contention in medical malpractice can be very expensive. To the doctor in New York, practicing a specialty in Erie County in 1974, this writer hasbeen told it costs $8,000 per year for malpractice insurance. To the patient who must pay the doctor bills and who at times must suffer in therole of the injured plaintiff, the costs are just as high to him, and can be even higher. So it is clear here that with major costs at stake, misunderstandings have a remarkable propensity to ensue between the feeling-harassed physician and the very cost-conscious patient. Where the role of the lawyer in all this is, I will explore in my next article, when I examine critically an article by Dr. Robert A. Fischl in the prestigious New England journalof Medicine, October 17, 1974 issue, written "In Defense of Doctors." It is Dr. FischPs belief that lawyers are to blame for the problems doctors have today with thetf patients. Where and why I think Dr. Fischl is most mistaken in his beliefs will all be discussed in my next article. Turn of the Screw by lan DeWaal One of the big questionscurrently floating around the school concerns plans to change New York Practice to a five-hour course in the Spring semester. The additional credit hour has been designed to fulfill the new American Bar Association accreditation requirement for law schools which- requires that legal ethics be included in the curriculum. It may be taught by the pervasive method (in each class) or in a specifically designated course. Associate Dean Fleming explained that the school had opted for the latter option for fear that the former technique would prove a "sham" unless a concerted effort was made to involve the faculty as a whole. Additionally, it was felt that since most students take New York Practice it would be the most convenientvehicle for the course. Professor Homburger will continue teaching the course with the new subject area, though he will draw on the experience and knowledge of visiting local practitioners to supplement his expertise. The final exam schedule has now been posted and students are reminded of their ability to have exams rescheduled in certain limited situations. Students who have three or more consecutive exams in a calendar week or who have four or more exams in a calendar week can have an exam rescheduled as a matter of course. You must contact Registrar Charles Wallin to effectuate this change. Registration for the Spring semester will be holiday. Only those students who have paid their University bill will be able to register for next semester. You cannot have more than $25.00 outstanding on your bill. If you have not yet heard about your Scholar Incentive award, it is advisable that you write to them at this time and request a trace of your application. If your award notice is not received prior to the time you register, you will have to lay out the amount of your bill and apply for a refund once your Scholar Incentive award has been received. When you write to Albany be sure to include the date on which your application was sent and your SI identification number. The address is: Regents Examination and Scholarship Center, 99 Washington Avenue, Albany, New York/12210. commenced before the Christmas by Jeff Chamberlain "Culture is, roughly, everything we co and the monkeys don't." Lord Reglin - Merchant of Venice (111 i 56) And, of course, you must show maliciousintent: "Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tishis, and has been slave to thousands; Shakespearean scholarship has been sadly neglected in But he that filchesfrom me my good name American law schools.Jn fact, Shakespeare's plays contain Robs me of that which not enriches him many cryptic comments on the law, the legal process, and And makes me poor indeed." the people who ply a legal trade. Shakespeare was well Othello (111 iii T57). aware of the existence in England of the so-called You then enumerate the injuries, "The thousand natural adversary system of law. In The Taming of theShrew (I ii locks/That flesh is heir to," Hamlet (111 62), including 278), he counsels: the übiquitous Pain and Suffering: "And in the porches of my ears did pour "An do as adversaries do in law, Strive mightily, but eat and drink as friends." The leperous distilment; whose effect He knew the functioning of the court system, noting in Holds such an enmity with blood of man That swift as quicksilver it courses through reference to courtroom hours that "great business must be wrought ere noon." Macbeth (111 v 22). What is more The natural gates and alleys of the body, amazing is Shakespeare's awareness of our legal system. And with a sudden vigour it doth posset We know that before actually going to trial there is a and curd, like eagerdroppings into milk, great deal to be done. One must, for example, take The thin and wholesome blood. So did it mine; interrogatories: And a most instant tatter bard'd about, "And charge us there upon inter'gatories, Most lazer-like, with vileand loathsome crust, And we will answer all things faithfully." All my smooth body i . Merchant of Venice (V i 298) . O, horrible! O, horrible, most horrible!" Interrogatories are effective only sometimes, forit happens Hamlet (I v 63). occasionally that opposing counsel has the better of it: This will immediately be disputed by the defense, which "so shall my anticipation will claim that "Not a hair perished; prevent your discovery." On their sustaining garments not a blemish, Hamlet (II ii 304). At trial, the first job of counsel is to convince the But fresher than before." court that yours is not a ". .superfluous case/That hid the The Tempest(lii 217) ■ worse and showed the better face," Love's Labour's Lost The case will thus turn on the evidence. Evidence may to be circumstantial, put his best foot forward: "Assume a virtue, if youhave it "Who finds the heifer dead and bleeding flesh, not." Hamlet (111 iv 160). And, as an advocate, you must And sees fast by a butcher with an axe, forcefully demand justice for your client: But will suspect 'twas he who made the slaughter? (V ii 38), while at the same time advising yourclient "'tis mine and I will have it Who finds the partridge in the puttock's nest, If you deny me, fieupon your law! But may imagine how the bird was dead, Thereis no force in the decrees of Venice. Although the kite soar with unbloodied beak? stand for judgement: shall have it?" answer; Even so suspicious is this tragedy," I I Merchant of Venice (I V i 100). 2 Henry W (111 iii 188) If you pass this point without being held in contempt, but must not be hearsay, you will have to listen to your adversary, the opposing "Come to the bar... counsel, who will attack yourwitness's credibility as: The King's attorney on the contrary, "a tale Urged on the examinations, proofs, confessions told by an idiot, full of soundand fury, Of divers witnesses; which the Duke desired Signifying nothing," To have brought viva voce to his face; At which appear'd against him his surveyor," Macbeth (V v 28) and will undoubtedly accuse you of "trying to make a Henry W//(II ill) federal case out of it." "Sir High, persuade me not; I will make a "Thieves are not judged but they Star chamber matter of it." are by to hear, Merry Wives of Windsor (I i I) Although apparent guilt be seen in them." You have, of course, prepared your case meticulously, Richard II (IV i 123) staying up night after night, until you say, exhaustedly, "Bring me no more reports; let them fly all." Macbeth (V "a gentleman of excellent breeding, admirable discourse, of great admittance, iii 1). For you know that digests are, by and large, inadequate for the serious researcher: authentic in your place and person, "They have been at a great feast of languages,and generally allowed for your many war-like, stolen the scraps." court-like and learned preparations," Merry Wives ofWindsor (II ii 234) Love's Labour's Lost (V i 39) We all know, of course, that most really significant advances in the law are found in the footnotes to legal is not yet persuaded of the merits of your claim, he will opinions and law review articles: "Small have continual request "More authority, dear boy, name more." Love's plodders ever won/Save base authority from other's books. Love's Labour's Lost (I i 86). Finally, comes the summation to the jury, Suppose your case is an action for libel or slander: "Long, O, some authority how to proceed; "Reputation, reputation,reputation! O, I Some tricks, some quillets, how to cheat the devil. have lost my reputation! I have lost the Dum. Some salve for perjury," immortal part of myself, and what Love's Labour's Lost (IV iii 286) remains is bestial. My reputation, lago, and at last, the decision. my reputation." Defamation cases many times turn on the credibility and demeanor of witnesses, and the opinion may reflect Othello (II iii 262) "... we have Perhaps, in your pleading and proof of primary facts, you Stood here observing him; he bites his lip, and starts; can invoke an equalprotection standard: Stops on a sudden,looks upon the ground, "He hath disgraced Then lays his finger on his temple; straight me, and hindered me half a million; laughed at Springs out into fast gait; then stops again, my losses, mocked at my gains, scorned my nation, Strikeshis breast hard, and anon he casts thwarted my bargains, cooled my friends, His eye against the moon. In most strange postures heated mine enemies;and what'shis reason? I We have seen him set himself." am a Jew. Hath not a Jew eyes? hath not a Jew Henry VIII (111 ii 112). hands, organs, dimensions, senses, affectations, The judgment of the court is stare decls, "Which, passions, fed with the same food, hurt with the unreversed, stands in effectual force -," Two Gentlemen same weapons, subject to the same diseases, of Verona (MM 223), unless overruled on appeal: "Beat at healed by the same means, warmed and cooled this gate, that let thy folly in, /and thy dear judgment • by the same winter and summer, as a Christian out!"K*7jt«w(liv293). is? If youorick *.s, do we not bleed? If you tickle us, do we not laugh? If you poison us, do we not die? and if youwrong us, shall continued on page ,6 we not revenge?" , ' - �4 I<y 974 OPINION Why Would They Want To Hurt Themselves? �Novtntberlii',l974 OPINION Scouting Report On Page 6 5 PHOTOGRAPHIC ESSAY BY T. CENTNER �6 Nd»ei?<ber 14p1974 OPINION fPhotraTOn Pa g<; V OpinoSports FACULTY JOCKS: A traditional plus feature at any school is an interaction between the faculty and students. In a small, but not minor, way, this relationship has been expanded by the formationof a faculty football team (one faculty member was heard to comment that Buffalo maybe the only law school in the country which can field an eight man faculty football team whether that is a good or an ominous sign should become clearer as time progresses). Apparently, the team has played together several times, although I have seen only one game (a loss to first-year Section One), upon which I base the following — analysis. Barry Boyer Although I have not seen him play, I have heard reports that he is an excellentblocker and rusher. If so, the faculty should have a line that could prove to be the dominating factor in future games. He should be inserted as blocking back and offensive/defensive lineman. Ron Allen At his peak, he would likely be the best athlete in the school. His talents and physical qualities render him capable of playing any position on the field. To best select a spot for him, it is necessary to bear in mind that his teammates are not as universally suited for the .game. As such, it might maximize team strength for him to be a pass rusher on defense and blocking back on offense. Richard Bell Known to some as "half-moon" Bell for his choice of warm weather football shorts. With his limbs exposed, he looks like a former Marine should (amazingly sinewy arms and legs). To capitalize on his speed and quickness, he should play defensiveback and wide receiver. I laywood Burns On this team, his skills are not limited to defense. An excellent play-caller, with speed and a reasonable arm, he is well qualified to be quarterback. Defensively, his talent could best be utilized in linebacking. Unfortunately, a recent injury may keep him out of the lineup for a few weeks. Bubble To Open In January by Dave Geringer Students inconvenienced by lack of recreational facilities at the Amherst Campus will find their problems at least partially solved next semester. A bubble-type structure to be built on the parking lot between O'Brian Hall and the Ellicott Complex will be ready for use in January. The facility, to be utilized for classes,recreation and intramurals, will contain space for five full-length basketball courts and feature a variety of activities. "We'll probably have two nights of intramural basketball weekly, as well as recreational tennis, volleyball, badminton and an intramural floor hockey program," noted intramurals director Bill Monkarsh. "We'll use the morning hours for basic instructional programs, then open it (the bubble) up for recreation about 2 p.m. We may run intramurals from 5:00 to 8:30, and recreation until 11, or the other way around. We might have a night of recreational tennis from 9 p.m. to 2 a.m.; but it (the Jason Karp One of few players who are devoted enough to dive for an interception, a quality which immediately qualified him for a defensive back position. His speed would best serve the offense as a wide receiver. otherwise," Monkarshadded. No showers Monkarsh disclosed that the facility will open without locker or shower facilities. "Right now, it has no showers or lockers," Monkarsh said. "We have plans for that in the near future." The intramural director revealed a possible problem regarding the inside of the bubble. "Right now, our big problem is the floor," Monkarsh decided. "If we can get some money, we want to put some type of a seal on the floor." At present, the floor is a concrete parking lot. Monkarsh affirmed his belief that the bubble will be a great service to the students at Amherst. "I think that it's a tremendous step forward," Monkarsh stated. "It gives the students at Amherst something in the way of a recreational facility, which is badly needed since it will be several years before the field house is completed." Hockey Bulls Open Quest For Playoffs by Dave Geringer Dannye Holley His size and weight make him one of the most potent pass rushers or blockers on any participating team. In light of the injury to Haywood Burns, Dannye Holley would be an excellent alternate, who has the advantage of height, a great advantage in the face of any possible pass rush. bubble) will probably be open until about 11 p.m. The ,winter intercollegiate sports program got underway last week when the hockey Bulls began their season at Kent State. Buffalo, which has already played three times, will host powerful St. Lawrence, a perennial Division I playoff contender next Tuesday at Holiday Twin Rinks. In attempting to advance to the Division II playoffs, the Bulls are trying to accomplish a feat they have not performed since the 1971-72 season. Buffalo will return nine regular skaters at the sixteen (twelve forward, four defense) skating positions. Last year's edition of the hockey Bulls scored 200 goals, topping all other Eastern squads. However, Buffalo surrendered 144, a total that must be cut down this year if the Bulls hope to make the .leading scorer, heads the contingentreturning for his final season in a Buffalo uniform. Klym, possessor of a blazing slapshof, tallied 36 goals and 62 points last year. Rick Wolstenholmes (18-26-44) will replace last year's leading scorer, John Stranges (66 points) as Klym's center this season. Co-captain Doug Bowman (13-22-35) returns to center another line, joining strong-skating Jack Kaminska and Mike Dixon (11-13-24). Chuck Davies (12-21-33) and Mike Caruana, a converted defenseman, are theother returning forwards. John Moore, who played steadily if not spectacularly during the latter part of last season, is the Bulls' top returning goaltender. Don Maracle, who divided duties with Moore last year, also AlKatz An unknown quantity to this writer. Rumor has it that he is of returns. sufficient sizeand ferocity to play the offensiveline, yet quick enough playoffs. to be a linebacker. Bulls to be physical Defenseman Randy Cooper, a freshman, is the Bull coach Ed Wright believes that the Bulls now only regular position have earned newcomer to a so possess a squad that will do its share of intimidating L. Thorne McCarty Another unknown. If qualified, he should play linebacker on defense far. Mark Sylvester, who scored fourteen goals and as well as scoring. "Nobody's going to push us and center on offense, since these are the positions whichremain to be thirty-seven points last year, joins Mike Perry (five around this year, that's for sure," Wright predicted. goals and 19 assists for 24 points) as the top "We've got the size necessary to play our type of filled. returning blueliners. game (basically forechecking, rather than the Bob Reis wide-open skating which has characterized past Tremendously enthusiastic player, who is qualified to play more than one position, but he would best serve the team as linebacker (middle Regulars return Buffalo squads)." The Bulls' ability to play "their Buffalo numbers six returning regulars and six game" on the road against other Division II linebacker for the occasional blitz), and offensive lineman. Although these suggestions are for the betterment of the team, of last year's semi-regulars among its four forward opponents will probably determine their success or lines this season. Mike Klym, the Bulls' all-time failure in advancing to the playoffs next spring. they do not take into account whether or not anyone will enjoy what they are doing. These games are seen by most as recreation, and as such everyone should have a chance to play the position he enjoys. Where to strike the balance between the importance of having fun and MBRC REVIEW BOOKS winning is one of the things the team can discuss in the huddles. As a football team, the faculty can play a reasonably good game. Having Problems In However, it appears, on paper at least, that the real future for themlies on the basketball courts. With Allen gunning and Holley rebounding, I TORTS? REAL PROPERTY? doubt whether anyone could contain them. Nonetheless, I am sure CPLR? that any of the intramural basketball teams would be more than CONTRACTS? EVIDENCE? interested in a match against the faculty. Hopefully, thereverse will be true, and somehow it can be worked out. assisted thousands of New York The Marino Bar Review Course, Inc. is continued from page 3 Attorneys and Candidates for the New now offering its up to datereview books "It will help me nothing York Bar, and deal exclusively with on an individual basis the Law School at To plead mine innocence; for that dye is on me principles and cases in New York Law. Book Store. These books have been of which makes my whitest part black," immeasurable assistance to students Henry VIII (I i 207) reviewing specific subjects and preparing The Law School Book Store has the if you persist, you may see his rights vindicated by a following MBRC books available: for school examinations. They have decision on appeal, undoubtedly percuriam: "A wilfulstillness entertain, With purpose to be dress'd in an opinion of PENAL LAW of wisdom, gravity,profound conceit, CONFLICTS OF LAW CORPORATIONS, ESTATES; POWERS; PARTNERSHIP TRUSTS As who should say, 'I am Sir Oracle, CONTRACTS BANKRUPTCY TORTS DOMESTIC RELATIONS AGENCY MORTAGES And when I ope my lips let no dog bark!' ADMINISTRATIVE REAL PROPERTY SECURED TRANSACTIONS EQUITY O my Antonio, I do know of these LAW CPLR That therefore only are reputed wise For saying nothing..." Merchant of Venice (I i 90). Bar the End �November 14y,18M OPINION 7 Faculty Discuss Program Priorities by Ray Bow,e one of the most important discussions to engross the faculty this year, November's faculty meeting concerned itself with an Academic Policy and Program Committee resolution asking for faculty commitment to five curriculum areas as the Law School's top priorities for the academic year. The resolution, presented by Prof. Ken Joyce and previously adopted by the APPC, had already been incorporated by the AppointmentsCommittee as a guide to faculty hiring this yearand was presented to the full faculty for its ratification. The resolution, based upon a study of curriculum needs submitted earlier by Assoc. Dean Fleming, listed property, procedure, corporation law, commerciallaw, and labor law as the School's program needs. Speaking to the resolution, Prof. Joyce said that while he personally was opposed to exclusive faculty concern with the five needs, he did feel that the faculty should at least discusswhether they should be exclusive priorities and whether the Appointments Committeehad made adequate provision for such priorities. Prof. Herman Schwartz, chairman of the Appointments Committee, noted that his committee had accepted the APPC priorities but had to consider two other institutional mandates as well, these being affirmative action hiring and interdisciplinary appointments. Program deficiencies had, he said,become one of three considerations entering into appointments decisions. Last year,Schwartz added, the AppointmentsCommittee felt that the faculty should make appointments decisions on a case-by-case basis. This year, the Committee wouldseek corporate and commercial law candidates as its first priority, he explained, but would not devote itself exclusively to the five curriculum needs to the neglect of affirmativeaction and interdisciplinary candidates* Prof. Buergenthal stressed that it was "high time the Appointments Committee had some indication of priorities from the faculty," as it is better to dealwith appointmentspriorities in abstract than on an ad hoc basis with particular candidates. Prof. Marc Galanter described exclusive concern with such priorities as "making a tub for the whale," expressing instead his concern that other counterbalancing commitments to interdisciplinary and other ongoing programs also be taken into consideration for appointments. Prof. Robert Gordon agreed that the faculty must be cognizant of commitments, other than to filling course deficiencies, opining that "same.candidates may be so exceptionally good that such priorities should not be applied to them." Responding to the position shared by Galanter and Gordon, Mr. Joyce stated that he was "opposed to seeking the best people and then determining what they are to teach," a philosophy which guided some appointments decisions in the past. Prof. W. Howard Mann added that he felt that any definition of priorities would apply only for the next academic year and that any such definition could be easily revised. When Prof. Wade Newhouse questioned the inclusion of labor law as a priority, Herman Schwartz stated that the Appointments Cdmmittee was not presently recruiting forlabor law instructors, while Mr. Fleming explained tl it labor law had been listed only so that the faculty could respond to contingencies should that area become a deficiency. Prof. Paul Goldstein moved, however, to deletelabor law from the priorities, to which motion Prof. Buergenthal responded by asking that international commerical transactions be added as a substitute area. Buergenthal said that "it is outrageous that a school of this size has no course in international transactions." Despite the exhaustive exchange of views, no vote on the APPC resolution was taken at the meeting, however, as the faculty agreed to table further discussion until their December meeting so as to allow SBA the opportunity to sample student opinion on the question of curriculum priorities in a forthcoming referendum. Provost Schwartz reported that the tabling of discussion would not interfere with the Appointments Committee, as no appointment would be voted upon until December, and that he expects that students will support the APPC definition of priorities. "Men do not attract that which they want, but l;l, w'l l l ''"'V are." James Allen " -'' Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 854-1846 Life Connecticut Mutual • THE BLUE CHIP COMPAM SINCE 18«« Prepares Referendum allocation of the semester, the Student Bar Association voted last week, following heated debate, to appropriate $500 to the UB Day Care facility on the Main Campus and communicate to President Ketter SBA's support of University funding of the Day Care operation. A representative of the Day Care facility was invited to explain to the SBA directors the operation of the facility, its funding problems now that no student government will provide support, and its fear that an offer of University funding might result in unwanted University control of Day Care. In its first major In relephone: SBA Funds Day Care, In questioning following the presentation, it was elicited that one law student had made use of UB Day Care, which admission prompted a series of questions from third-year director Mark Linneman as to the propriety of the allocation request. His questioning was interrupted by second-year director Bert Slonim, author of the allocation request, who charged that such questioning was "an interrogation" and was leading to hostile conclusions, a charge supported by Second Vice President Rosemary Gerasia. Mr. Slonim's point of order was overruled and questioning continued, but the ensuing vote went overwhelmingly for the $500 allocation by tallies of 10 for, 2 opposed, and 1 abstention. A motion by second-year director Cindy Falk, passed by SBA two weeksago, had already put SBA support in of University funding of existing Day Care facilities "as well as the establishment and funding of a day care center on the Amherst campus." * A secondallocation request, one presentedby BALSA in the amount of $200 so that BALSA representatives could attend a minority recruitment program at New England School of Law, failed to receive consideration at the same meeting as the Day Care request due to lack of time. BALSA hoped that the allocation would still be passed in time to allow them to attend the convention. BALSA has also requested another supplemental allocation in the amount of $100, to provide Barbara Rowan with an honorarium for her participation in the Minority Symposium last May, which occurred in the previous fiscal year. *SBA announced that Jean Consiglio, secretary in the Registrar's Office, has been hired as permanent secretary to the SBA and SBA organizations. SBA typing is to have priority, but typing for other funded organizations will be done on a first-come first-served basis as time permits. �The SBA directors also showed interest in a report that the Academic Program and Policy Committee is defining course priorities for purposes of future faculty appointments and budgeting, which priorities are emerging from faculty discussions as property, civil procedure, corporation law, commercial law, and labor law. APPC has suggested to SBA that some sort of student poll be taken to assess student response to these priorities. On a motion by First Vice President Laura Zeisel, SBA agreed to charge two students with responsibility for drafting a ballot and preparing a studentreferendum on academic priorities, which will be scheduled in the near future. The faculty will be considering the priorities at their December meeting. SBA Attends Circuit Meeting by Ed Zagajeski The A.m.e ri.trCa n Bar Association/Law Student Division for the Second Circuit held a semi-annual conference at Brooklyn Law School two weeks ago. The conference was open to all law students of the Second Circuit. The program opened with a panel discussion on whether bar exams are necessary. The participants were Mr. Arthur Kargar, Chairman of the New York Board of Law Examiners; Mr. William Pincus, Counsel for the Foundation of Legal Education and Professional Responsibilities, who spoke in the positive; and James E. Brown, a law graduate from W i sconsin, where a graduation from a Wisconsin law school allows admission to the bar. The afternoon session opened with Mr. Louis Nizer speaking on his book, The ImplosionConspiracy. After a lengthy presentation on the book, Mr. Nizer answered questions from the audience. The conference closed with a meeting of the SBA delegates from the various law schools in the Second Circuit. The body discussed problems of running SBA book co-operatives, the possibility of allowing all law students to use other law school libraries, and a request for monthly meetings of the Second Circuit. The group expressed interest in the structure of the Faculty/Student Committees and the Faculty /Student Relations Board at this school. This school is one of few that have such structures allowing student participation. There was also a discussion of the law clinics at New York University. Finally, two resolutions were presented and passed. The first requested that tHe ABA actively campaign for the Equal Rights Amendment. This,resolution was passed unanimously. The other should not discriminate on the basis of race, creed, national origin, sex, age, family background and criteria stated that employers that are not rationally connected to legal skill and knowledge. The resolution was passed with one dissenting vote. Dunne Urges Action - continued from page 1 perhaps by means of committees composed of clients, participating attorneys, and the bar association. Expressing his hope that the ABA restrictions will be lifted next year, Dunne warned that "efforts by the bar toprotect the economic interests of its members to the disadvantage of the public is unworthy of the profession." A major issue in the development of prepaid plans, particularly in New York State, is whether or not such plans are characterizable as insurance. The outcome will determine whether prepaid plans are regulated by the courts and bar associations or by the State Superintendent of Insurance. Sen. Dunne explained that he had introduced an amendment to the Insurance Law last year which would have allowed the sale of prepaid legal services contracts in the State, but while this "legalcare" bill passed the Senate this year, it died in the Assembly Rules Committee. Without stipulating open or closed provisions, the bill would have exempted any -aware plans offered by bar associations from regulation by the Insurance Commission. Bar association plans would instead be regulated, like bar associations themselves, by the Appellate Division. In the absence of state legisla- tion, three county bar associations, Dunn stated, have proceeded to establish prepaid plans of their own, arguing that such plans are not insurance. The Superintendent of Insurance opposed the offering of prepaid plans under court regulation, contending that authorizing legislation was needed. The bar-sponsored plans have, he said, been blocked by a recent Appellate Division decision that found the New York County Bar plan to be "in the nature of insurance" and hence requiring such enabling legislation. Sen. Dunne added that the Court of Appeals is going to review this decision and hoped that the Court would accept that prepaid plans are "an idea whose time has come" and that regulation of such bar-sponsored plans would be within the scope of the Appellate Division. Smoke-Free Eating continued frompage 2 am asking for this one room to be of smoke blowing in their set aside as a non-smoking eating faces or over their food, but non-smokers should be able to c n joy their lunch as much as smokers, and, for a non-smoker, that, means without someone's cigarette in their faceand food. There are plenty of other areas in the building where one can smoke and eat at the same time. 1 area. No one seems to know what the procedure is for actualizing this proposal, whether by petition, SBA motion, or what, but I ask other students to think about the situation, lend support to the idea and please refrain from smoking in the suggestedroom. Alaine Espenscheid �OPINION mmwiiitai 1974 8 Librarian Releases Annual Report Homburger Waiver Pursued In response to students at the law school petitioning Provost Schwartz for the waiver of Professor Adolf Homburger's mandatory retirement at the end of this school year, Provost Schwartz has Wenger revealed that an analysis replied, assuring the students that efforts are being of collections, begun three years made to effectuate that goal. Both Schwartz and that Law Librarian Larry Wenger ago but suspended, was resumed Assoc. Dean Robert B. Fleming have indicated recently submitted to the faculty last springwhen an effort was made they are hopeful that the waiver will be approved by his Annual Report on the state of to check library holdings against the SUNY Trustees. Prof. Homburger, who has been teaching at the the library for the 1973-74 fiscal the Association of American Law is also a year, whichhe described as "one of Schools' lists of recommended Buffalo Law School for twenty-five years, the most significant in the history books. The check showed "the graduate of this law school. petitioners have been The spontaneous library's holdings to be of the Law Library." who are "For the first time in nearly a substantially less than fiftypercent supported by other groups and individuals, rule. decade," he noted, "adequate for many subjects," and indicated also urging the Trustees to waive the retirement Phi |ustice Charles Breitel, space was available for users, that "older materials and treatises Among these are Chief Puerto Rican Law Students Alpha Delta, Opinion, collections and staff" with the are extremely deficient." Association, the Student Bar__Association, the move into O Brian Hall last fall, of Moot Court, and the editor-in-chief of state funding Limitations on Chairman and remaining organizational work should be completed during were, however, "largely offset by the Law Review. Provost Schwartz described Homburger's substantial donations to the library 1974-75. due to Homburger's The long-anticipated move to and by the transfer of more than chances as "very good," methods of teaching and the new building did not, Wenger 20,000 volumes from the Eighth "marvelously effective sent a recommendation reminded, "occur without Judicial District Law Library." Mr. scholarship." Schwartz has to the Chancellor. If difficulties significant enough to Wenger himself selected for the waiver of the retirement waiver, he said, the Chancellor recommends Professor Adolf Homburger hamper both library staff and approximately 25,000 volumes for accept that users" throughout the last year. which the Eighth Judicial District normally the Trustees would felt that Council of SUNY Buffalo created criteria under Fleming recommendation. Assoc. Dean room library .Library Law had no Delays in deliveries of to the which waiver applications would be considered. furniture and book stacks, caused downtown. Other substantial Homburger's chances were "excellent" due that many These criteria include unanticipated, departmental largely by a factory fire which additions resulted from the need for Procedure teachers and the fact needs arising from "non-projectablepersonnel losses, destroyed much of the furniture, transfer of John Lord O'Brian's people had urged his being kept on. The. current policy on waiver of retirement e.g., death, resignation, illness, or short notice by resulted in the use of makeshift personal papers to the library,and member of his intention to retire furnishings with inadequate book donations from alumni, stems from a 1972 memo from the Chancellor. The another faculty memo, citing the dearth of employment prior to age 70," and require a showing that the need lighting until replacement firms, and law faculty. The law library was assigned opportunities in higher education and the necessity "cannot be filled except by waiver of the mandatory deliveries were completed in the spring of 1974. four additional staff lines in the for creating as many positions as possible, requested retirement rule." This policy, which is "very strict" according to "Thus, when the libraryopened initial budget allocation last year, that reductions be made in the applications for except for Provost Schwartz, has been waived only two times last September 24," Wenger Wenger pointed out, two waiver of mandatory retirement professors for at SUNY/Buffalo. Any waiver that is circumstances" which a in recalled, "only floors 2 and 3 were professional and two civil service. "absolutely compelling granted by the Trustees will be in accordance with available for use, and it was For 1974-75, the library will "unique and essential contribution" could be made. this policy, said Schwartz. Pursuant to that memo, the Academic Affairs cataloging line by Ray Bowie , December before all stack floors were open. In addition to the lack of lighting the delay in completion of the stacks required double shifting more than 25,000 volumes, which first had to be temporarily shelved and then sorted and reshelved onto permanent locations." Prof. Wenger stated, withregard to the library's collections, that they continued to both improve and decline in quality during 1973-74. "A major reduction in funds for acquisitions and binding, from $192,250 to $141,930, left the library with the lowest total allocation since 1966, and with funds for little more than subscriptionrenewals and standing orders." Current monographs were hardest hit, while the already-weak treatise collection "received further setbacks and will require major efforts to remedy." The library was consequently unable to increase its subscriptions to looseleaf services, laws, and court reports. receive a permanent and lines for a head of public services and a night circulation clerk, bringing total staff lines to 26.45. "Documents Department operations continued to expand during the year," the librarian also observed, "with an estimated 12,000 additional items received in 1973-74 over 1972-73." He cited a definite trend towards increased faculty and student use of documents developing early in 1974. As to library use, Mr. Wenger said that although higher levels of use were expected with a 16% increase in student body size last fall, actual use far exceeded his estimates, as reserve circulation increased 62% and regular circulation jumped 230% over the previous year. "Use of materials within the library increased even more, and the inability to keep shelving current was very likely the major deficiency in library operationsduring the year." Provost Issues Statement The following statement was released on yet decided, seems to be progressing well. I understand that the waiver has been recommended November 6 by Provost Richard D. Schwartz: by President Ketter to SUNY Central, where it is "Several student petitions have recently reached now under consideration in the Chancellor's Office. Your petitions have been transmitted to the me which strongly support a waiver ofretirement for Professor Adolf Homburger. The sentiments Academic Vice President and they will be used to weight to the strong case for Dr. Homburger's add expressed there accord with those of the faculty, virtually all of whom have signed a similar statement. continuation as a professor at thisLaw School. Thank youvery much for\our concern." I am happy to report that the matter, while not ABA Liaisonship Available ABA COMMISSION ON THE MENTALLY DISABLED - This liaisonship is one of exceptional significance and responsibility. The commission »is composed of a distinguished group of attorneys, judges, educators, and health professionals. All have vast experience and intense interest in Wenger Notes Library Problems Having just completed his Annual Report on library operations last year,Law Librarian Larry Wenger noted, in an interview with Opinion, his perspective on library problems and promises for the coming year. The faculty last spring showed concern over indications that the University's Head Librarian, Eldred Smith, was pursuing policies which would result in a diminution of the Law School's control over importantareas of the law library. After attempts tpreach a compromise with Smith failed last spring, the faculty voted to •seek outside advice on the issue of the law library's relative ' arranged for Harvard Law Librarian Morris Cohen and University of Washington Law Librarian Marian Gallagher, whom he described as "the two best in the country," to visit the Law School in December to advise the faculty on matters ofcollection planning and library administration. Members of the Library Committee have expressed the hope that outside evaluations would strengthen theLaw School's hand against the policies of Mr. Smith, or possibly serve as thebasis for subsequent appeals to the ABA and AALS in the dispute over* administrativeautonomy. Acknowledging the receipt of autonomy. that the law student complaints as to Mr. Wenger noted overcrowding, Mr. Wenger faculty Library Committee has admitted that he had underestimated the extent to which undergraduates would seek to study in the library, adding that he is currently drafting a proposal which might limit undergraduate access to the private carrels, conference rooms, and possibly the research areas on the lower floors. Some law schools, he said,restrict library access to those needing to use legal materials. In response to student complaints about violationsof the rules prohibiting smoking, eating and drinking in the library, the law librarian promised increased enforcement of the.policies, citing the availability of evening and weekend professional staff and a system of penalties now being drafted. the problems of the mentally disabled. Their charge from the American Bar Association is to recommend and implement programs to reform the deficiencies in the mental disability system. The commissionis now seeking a Law Student Division member as a studentliaison to serve on the Commission for the next year and a half. As is the case forall of the over thirty LSD liaisonships, the appointment is made by the President of the Division.Factors to be weighed in the selection are the applicant's background in the sub- stantive area addressed and that person's demonstrated capacity and motivation to involve additional Division members in the very significant work of the Commission. Letters of interest with resumes should be mailed by November 20 to David W. Erdman, President, Law Student Division, 1155 E. 60th Street, Chicago, 111.,60637. Citing increasing undergraduate use of the Library, Library users have been lodging complaints about overcrowding, noise, smoking and eating in Library facilities. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-11-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/689234b7769a60b691c15523e8f45a91.pdf 5a3843214256937f67c24b7d61853f2e PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume IS, Number 5 State University of New York at Buffalo School ofLaw Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 December 5,1974 Week of Oral Arguments Climaxes 1974 Desmond The Ninth AnnualCharles S. Desmond of a commercial nature unprotected by the Moot Court Competition rushed to a First Amendment, that the order properly climax just before Thanksgiving as advanced a state interest in equal protectwenty-foqr teams, having spent the tion, and that the treaty covering the previous month researching and writing advertisement was federal action unconstitheir briefs, competed against each other tutionally promoting discrimination under for the coveted Competition awards and the Fifth Amendment. invitations to join Moot Court Board this Moot Court Board members Ray spring. Bowie, Carl Goldfield, and Paul Grpschadl The problem this year involved the drafted the problem in such a manner as to Constitutional ramifications of a engineer a conflict between fundamental cease-and-desist order issued by 'a state First Amendment and equal protection human rights commission against rights, introducing the commercial speech newspaper publication of advertisements and treaty power issues to bolster the refor South African employment and specjivp sides.;:;:. : : ;: : ; : ; investment. Complicating the press Each team was given the opportunity freedom and equal protection issues was a to choose one side to be briefed, but treaty with South Africa commiting the through the three-nights of preliminary federal government to the protection of rotmds, the teams were required to alsuch advertisements, injecting thereby the ternate in arguing each side. Moot Court issue of treaty power under the competitions generally require reversing sides in argument. Briefs were scored Constitution. Teams briefing the newspaper's separately by the members of theDesmond position argued that the commission's Committee, while oral scores alone deterorder was an unconstitutional infringement mined the winners of the preliminary of press freedom, that the advertisement rounds. was fully entitled to such First To determine the semi-finalists, the Amendment protection, and that the brief scores were added to the averaged treaty was Constitutional and hence oral scores from the preliminary rounds, afforded the newspaper further protection and the resulting four highest ranked teams against the commission's order. Those who entered the semi-finals on the evening of briefed the commission's side contended, November 22. to the contrary, that the advertisement was continued on page 4 .. Second Circuit Considers Added Required Courses by Ray Bowie quire that anyone planning to attorney Robert L. Ctare. The practice in the Circuit's federal Clare Committee, it is thought, reIn an action which has caused courts also take courses in Crim- ceived its impetus .from the conunofficial consternation" at this inal Procedure, Evidence, New cern felt by Chief Judge Irving .. Competition Winners: Sterner & Clegg (Middle & Right) : . . York Practice (which now incorporates a professional responsibility component), and Trial Technique. -Zaeuch - : law school and others, the Second Circuit Court of Appeals has pro■ posed a setof course requirements that any prospective practitioner before federal courts in the Second Circuit will have to have fulfilled prior to applying for admission to the federal bar in the Circuit. The* proposed rule, which would i mpose course requirements: in addition to those presently stipulated by the New York S(ate Court of Appeals, specifies that r.ich applicant for admission to federal practice show successful completion of "a course of study in an educational institution in the following subject matters," listing evidence,., civil procedure, criminal law, criminal procedure, professional responsibility, and trial advocacy. The Law School presently requires courses iri Civil Procedure and substantive Criminal Law in the first-year, but the proposed Second Circuit rules would re- \ The proposed rules have been formulated by the Second Circuit's Special Committee on Qual ifications to Practice before United States Courts, knownalso as the Clare Committee by the name of its chairman; New York : Kaufman of the Second Circuit that too many attorneys practicing in federal courts lacked basic trial competence- and that increased course requirements in law school were needed to insure this competence. In remarks before the 1974 ABA Annual Meeting, Judge Kaufman recommended the same courses that would be mandated under the proposed rule. . s-Zaetsch Runners-up: Ross & Pastey. Dan MacDonatd presents awards. Hamburger Waiver OK'ed At their meeting of November 27, the SUNY Board of Trustees, responding to an appeal by the administration and friends of the Law School, voted to waive the SUNY retirement rule in the case of Prof. Adolf Homburger, thereby permitting Mr. Homburger to continue on the faculty through the 1975-76 academic year. The favorable Trustees' vote represented the successful culmination of campaigns for the waiver urged by the faculty, the SBA, alumni, Law Review, Opinion, PAD, Puerto Rican Law Students, 'and a host of individuals prominent in the profession. As the waiver applies only to the next academic year, administrative sources have assumed that any further waivers for future years would require separate appeals. Opinion To Publish Research Journal Opinion, the Law School newspaper, announced early this week the launching of a new Law School publication this spring consisting of student works selected on the basis of legal scholarship and writing ability.. The publication venture, facilitated by a $500 SBA appropriation and an anticipated -allocation from the Law Alumni Association, was broached to the faculty in a tetter which requested their cooperation in recommending their best studentpapers and to the student body in a recent Newsletter announcement soliciting contributions directly from students. According to the proposals submitted to the SBA and the Alumni Association for funding consideration,the Opinion venture envisions a journal fcf perhaps six or seven student research papers chosen for their legal scholarship, public interest, and utility to the profession. While to Opinion either by faculty recommendation or by the student authors themselves, selection of papers for publication will be theresponsibility of the Opinion editors, faculty consultants, and several ■students who will be invited vto participate by virtue of their involvement in other professional contributions may be submitted activities at the Law School, activities such as SBA, Law Review, Moot Court, and Legislation Project. The concept of the journal had its origin, explained Opinion Editor-in-Chief Ray Bowie, in several inquiries made by faculty last year as to whether Opinion could publish student papers they might recommend, which offers Opinlbn had to decline thendue to its basic continued on page 8 . �2 Editorials December S, 1974 OPINION Interview: The Sociologist of Law & The Legal 'Subculture' Curricular Bulldozing In the first part of Opinion's interview with Dean Schwartz, theDean explained how research for his sociology doctoral thesis led him into deeper Alarming would seem too mild an adjective to describe studies of the development of legal systems and a theory that legal are generated when other the local effects of the Clare Committee's proposed rules for societal controls systems managing become ineffective admission to federal practice in the Second Circuit [see news disturbance. At Yale, he made his firstinattempt to report, page I], but any more appropriate adjectives would, teach the approach to lawstudents. we fear, run risk of affront in a polite publication such as ' this. Certainly, there can be no quarrel with critical assessments of the profession's general trial or appellate competence, nor with jeremiads addressed to the state of professional ethics, but surely we must question the facile assumption, implicit in the proposed rules, that future trial debacles and future Watergates are preventable by a Circuit Court's prescribing an immediate mandated curriculum for law schools. Perhaps a good case can be made for particular course requirements for federal practice, but that case is not well advanced by the Clare Committee's bulldozing into law school curricula in utter disregard for existing regulatory mechanisms, such as the ABA or the State Court of Appeals, and years of local planning, experimentation,and building in curricular areas. The most serious impact of the Second Circuit's proposed rules must, however, be couched in individual rather than institutional terms, for the present third-year class has had absolutely no opportunity to prepare itself, through proper course selection, to meet requirements for federal practice that, perhaps will take effect this spring and apply to all subsequentapplicants for the federal-bar. The Law School, whether through the administration or faculty committees, would be remiss were it not to vigorously protest the deleterious impact of the Clare Committee rules as they are currently- proposed. And the Second Circuit, we would think, might be well-advised tp resort to negotiations with law schools at this point, so that desirable curricular" requirements could tie introduced at a pace whichjs fair Jo present students and reasonable from the standpoint of institutional resources. An Embarrassment Recent Distinguished Visitor Forums .have been the occasion for much institutional embarrassment here at the Law School, for embarrassment only naturally ensues, both for the guest lecturer and the student body which ignores his presence, when merely a handful of students show any interest in topics ranging from judicial election to Cuba's legal system, or from prepaid legal services to City housing court, or from consumerism to international pollution control. While DVF and other groups art endeavoring to supplement the curriculum with varied and top-quality presentations by guest lecturers of professional prominence, the student body seems content to loaf its way through speaker's hour, doing nothing other than waiting for classes to resume, while the faculty, who also might give a thought to attending the lectures, universally seem to prefer the intellectual stimulation of their own offices. Part of the fault must, of course, rest with, the failure of the administration to provide more than one free hour each week for the multitude of speakers, meetings, and other activities essential to a law school. A portion of the blame might also rest with those sponsors of programs who fail to check with the SBA or the Registrar's Office on potential scheduling conflicts, thereby thwarting any possibility of rational scheduling for the free hours. The relative responsibility of these parties, who at least make heroic attempts to provide something of interest to students, surely pales however against the responsibility of those who have found nirvana in their own apathy, this latter apparently adumbrating the extent of their future contribution to the profession. Thanks to some student prompting, the administration is reserving two activity hours next semester, one for speakers and one for meetings, but unless attitudes around here change radically, two hours instead of one will only mean twice as much institutional embarrassment this spring. continued from last issue changes can occur. One must set boundaries and reassure people." Achievement of such a system, then, is up to the leaders in the legal system. Thus, Schwartz argues, that "the profession in its law-making and law-applying functions should be enlightened to the fullest extent possible in order to make law more responsible in the development of society." Further, Schwartz urges that legal education strive to impart a systemic understanding of the skills that a lawyerneeds in terms of methodology of analysis and argument. If the law is to be a useful tool, lawyers must be trained to assume not only the traditional legal role of advocate in a strict prosecutorial or defense role, but also to assume a second role as an "observer-student" and describer-explainer" who would be more able to effectively handle litigation, administrative pronouncements and the true meaning and effect of As founding editor of the Law and Society Review, as a member of dozens of social science investigatory and advisory panels and commissions, and as a teacher, Schwartzhas attempted to infuse this perspective into the legal system and in particular into legal education. Indeed, he helped pioneer the field in some score of published articles and such books as Society and the Legal Order with Jerome Skolnick, 1970, and the recently published text Criminal Law with Joseph Goldstein and A. legislation. "Such a lawyer would, for example, be more Dershowitt, 1974. Teaching work done at Yale premised on these ■able to defend or attack the constitutionality of a theories, however, originally proved disappointing given sentence by stating its deterrent or and it was found that general theory did not excite rehabilitative effect, or argue cruel and unusual law students accustomed to working with specific punishment or due process issues." controversies. "The ; Law and Behavioral Science .As the effects and purposes of laws become Program at Yale," 12 Journal of Legal Education 1 more important in'what Schwartz sees as an age of growing Schwartz noted that "the excitement administrative law, he 'argues that the There, (1959). began when we got specific,' and he. suggested that methodology to work with'such arguments must be issues taught on that level be more concrete in order taught to the lawyer. to accommodate the student preference, and At present, Buffalo Law School is serving as a facilitate the teaching of the "sociological approach" testing ground for certain programs that Schwartz law students. believes to will reach closer to achieving these goals. Th rough out, Schwartz maintained his The Simulated Law Firm Program, Schwartz perception of the law as"an instrument/Of social, suggests, offers continual-evaluationand feedback to policy" that necessarily "emphasizes the human participants who learn through their experience to element in law; that it .is made and administered by work in methods which will aid in law practice, human beings; that it affects human beings; that it supplementing current educational programs." may be a means by which society can help to -Another project, the Criminal Justice Program, develop vast untapped human potentials." Schwartz thinks, will present students with an His commitment: was, clear:, to marry law and .opportunity to examine the criminal justice system ■> through means suggested by social science instead of social science. ; _;;, .-The only recently-consummated matrimony proceeding on the traditional plans of merely ■might now be used to help answer-a question that examining case law and statutes. Such programs Schwartz asks (while admitting a debt to the works represent continuing efforts to develop new ways of of Hobbes and Durkheim) as to the basis of legal strengthening legal education. If they prove sound systems: "How can you utilize the differences under close scrutiny, if they are able to contribute to between people, the existence of which are professional training, they may be incorporated into unquestioned in a society such as ours, to expedite the regular program assuming resources are contributions they make to each other so people can available. They may be useful additions, Schwartz functioning continue with some degree of societal thinks, to the establishedcurriculum. But, he adds, order?" the entire program must contribute to the The answer, says the sociologist of law, is that understanding of law as a means of effectuating the appropriate means "don'tdevelop automatically. social goals. And at this law school, he adds, "it There should be a framework within which these really does!" -- , , , ' - . ' — Letters to the Editor Dear Editor: It is a well known fact thatall the Russian czarinas filed for divorce. This is because their husbands were always Romanov. Gary Muldoon To the Editor iuled for the hour from 12 to V— I have three questions that I an SBA meeting, a lecture by Mr. < want the administration of this Fahringer, Environmental Law Society meeting, placement workschool to answer: 1) Why is there only one hour per week scheduled for activities? On Monday, September 16 there were 5 different activities sched- , OnilllOll Volume 15,Number 5 Decembers, I<>74 Editors-in-Chief Kay Wigtil Guinane Ray Bowie Managing Editor: Matthew Leeds Photography Editor: Eric Zaetseh Feature Editor: Louise Tarantino Sports Editor: Dave Geringer Alumni Editor: Earl Carrel Business Manager: Allan Mantel '* . Dennis Pasiak, left Chamberlain, William Ernsihaft, Gerry Hudson, Gary Muldoon,Shellah Rostow, Sandy Presant, Gerry SchulU, Howard Stirling, Carl Herrlnger, Dick Glick. Sam . , .•. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper, of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNVAB Amherst Campus, Buffalo, New York 14260. The Views expressed In this paper are not necessarily those of the Editorial Board of OPINION. OPINION is a non-profit organization. Third Staff .'or Class postageentered at Buffalo, New York.. ■ Editorial policy of OPINION Is determined collectively by the Editorial Board. OPINION is funded by SBA frnm Student Fees. I »» up shop, and an International Law Society meeting. On Monday, No- vember 5, there were four placement workshop, — Senator Dunne's lecture, BAR/BRI meeting and an Environmental Law Society meeting.Surely some students will want to attend more than one of these activities. I strongly suggest that the schedule for the second semester of this year and all succeedingsemesters include three hours per week for activities. This Is not too much to ask the schedule could be worked around these activity hours. We all know there is more to law - schooj than classes. 2) Why Is It that, djjring the fall and sprrtig semesters of 1973-74 and 1974-75, Prpfessor Mann has been and Is be the or|ly professor to teach Con Law B? Professors Hyman and Newhouse are certainly qualified to teach this course. continued on page 8 �' End of the-Btt. An Interview With . . . The reasona'Ble The Reasonable Man VS. (Sic) Poltroon Decembers; 1974 OPINION by William Ernsthaft meeting, the Reasonable Man had not let time take its toll. The weak chin, the tired In the interests of bringing the readersIbags under the eyes, the stoopedrounded of Opinion the most informed look at shoulders. Nothing had changed. (But then modern trends in legal jurisprudence again, the Reasonable Man is always possible, Opinion has again conducted an Ibecoming and never is.) When he awoke, interview with that world famous the Reasonable Man looked at this reporter expatriate, the Reasonable Man. As you with growing recognition and said may well remember, at the last interview|pointedly "Hello, how was your summer, with the Reasonable Man held at his\and what courses are you taking now?" palatial, though reasonable estate in the After the perfunctory pleasantries and lush valleys of the Amazon jungle, the a query by the Reasonable Manabout how Reasonable Man vowed that he would Ithings on the "tundra" were, the interview never return to the big cities ("No Ibegan: Reasonable Man would live in(Q: Sir, perhaps we should begin by getting Lackawanna"). In that interview also was5your views on the most dramatic portrayed the anguish of the Reasonable (developments of the year, namely, the Man who had for close to seven centuries\Watergate affair, the pressure on Richard carried the burden of Western legal |Nixon, the resignation-of Richard Nixon, jurisprudence on his thin, but adequate, ttheshoulders. The Reasonable Man had had |RM: Richard who? enough of hairy hands ("He hadn't even (Q: Richard Nixon, sir. Our former late shaved op the morning of the trial," the ggreat president now suspected but* Reasonable Man had recounted), snotty pardoned j crook with phlebitis. kids, and broken midshafts (riot to | You don't mean the late great fascist mention the man with the egg-shell skull). RM: now on the_edge of death but still holding However, given the momentous on to all the marbles, with phlebitis, do political and social developments thathave jyou? «■ transpired in the past year, including a new (Q: No, but it's strange how all those people entering class of law students who had gget confused, isn't it? never even heard of the .Reasonable Man |RM: Wait, now I remember, Nixon, the (can you believe it?). Opinion felt that a Checkers speech, kicking him around, the second Interview was necessary to add |Presidency, the game plan, yes so relevance to Opinion and the North what? Campus in general, whichis no mean feat iQ: Sir, you don't have any comments on ■ indeed. This reporter was assigned to tthe tragedy of Richard Nixon? conduct the interview. He was a bum and he what was got IRM: After a boring eight-hour flight to Rio (coming, so what? broken only by an abortive hijacking Q: Hmmm, that's reasonable. Well, what attempt by a half-crazed ACLU attorney do you think of Ford? driven to the edge by the DeFunls decision IRM: Bad car, had president. However; and captured after1being quieted down by IFord Will appease the anti-intellectual, readings from the Douglas dissent, this Ilet's-have-a-potato-for-President bloc of reporter arrived in Brazil. Guided to the \Voters in the United States. That's the gran '. Reasonable Man by Jewish jungle guide cdeur of America, every group if it looks who hoped to get into a Brazilian law |hard enough and has enough money will school on a reverse affirmative noblesse ffind a representative to champion their oblige policy instituted by the big-hearted ccause. However, the American people will Brazilian government, this reporter felt a tbe sadly mistaken if they think thatall the sense of deja vu and a touch of malaria. It fproblems that faceAmerica will be solved was close to being a religious experience, tby dumbness alone. That might have being able to drink again from the fountain worked in the 1950's but it won't work ofreasonableness. nnow. The Reasonable Man was on his porch sleeping when this reporter arrived. Although a year had passed since our last continued on page 6 : ; ' : r c < , , " ... ' , < v Prespectives In Legal Medicine by Jeff Chamberlain "It is said that man is a reasonable animal. I have been searching most of my life for evidence in support of 'that assertion." Bertrand Russell Asininity? Well, my children, said the kindly old grandfather, gather round andI ... shall tell the tale Once upon a time, not so very long ago, there was a small island kingdom known at Jurisprudentia. The Kings who ruled this bucolic country were foreigners from across the sea who had viciously and I had intended to follow last issue's mercilessly conquered the peaceful folk assault upon Shakespeare with another who lived there. These fine, God-fearing installment. However, that will have to people, who several'centuries earlier had wait until 1 have replied to the vicious and viciously and mercilessly conquered the unprovoked attack upon me by the peaceful folk who lived there before them, so-called. Reasonable Poltroon, a purported were held in virtual bondage by the evil interview with whom appears elsewhere in foreigners. The conquerers had forcibly this issue. We are told that the Reasonable replaced the heathen of the Poltroon now but a shadow of his natives with The One superstitions True Church, under former self resides in Brazil, presumably whose teachings the serfs and peasants had in the little retirement village with God, one-hundred ten holidays each year. This Judge Crater, and that famous Austrian early form of parity proved inconvenient housepainter with the funny moustaches. to some of the Nobles, who needed the This retirement haven was revealed last produce from the peasants' farmsand skills year when Hack Reporter, ace sleuth for a to finance Holy Wars and Jousting great metorpolitan newspaper, ferreted out the hiding place in a piece of journalistic Tournaments. Consequently, these Nobles staged a Demonstration at the King's brilliance the world-wide ignorance of Castle, calling for Radical Changes in the which can only be attributed to blatant System. favoritism on the part of the Pulitzer Prize The Nobles presented to the King a list Selection Committee. In his previous of Non-negotiable Demands, one of which, public contact with the legal community, after considerable negotiation,- was the Reasonable Poltroon had responded to partially granted. The Nobles allowed, the interviewer's puerile questions with within limits, to administerwere their own what appeared at first glance to be little affairs. Now, since this was some months more than babbling inanities. Ah but what, before the ratification of the Thirteenth as the saying goes, is in inane? When read Amendment, "their own affairs" included carefully, looking between the lines for the behavior of the vassals who worked the hidden insights and subtle nuances, the fiefs. words that had seemed so devoid of The upshot was, of course, twofold. significance at first glance were On the one hand, the breaking of the miraculously revealed as a truly stupendous absolute power of the King enabled the collection of rambling banalities. Nobles to control their dwn affairs. On the .1. This., year, for unfathomable reasons, other hand, in a sort of hierarchical Opinion, a publication whose major domino theory, if Nobles could beat the accomplishment has been the almost King, then Peasants could beat the Nobles. complete emasculation of traditional And so, the hoi pollol, tired of being English syntax and grammar, has again sent Second Class Citizens, began to Assert Hack Reporter to visit the Reasonable Their Rights. They complained, among Poltroon. And in these days of other things, of, among other things, the ever-changing values, beseiged as we are on Npblei acting//) Loco Pprenils, and they all sides by Sinister Forces seeking to demanded the right to govern their own undermine the underpinnings ofstructures, affairs and extended parietal hours in their it is a pleasure to find one thing left hovels. In the inevitable compromise that unchanged: The Reasonable Poltroon is followed, the modern judicial system was still a doddering old fart. born. But whence, you may ask, arose this About this time, a Handsome Prince ■Master of the Mundane, this Avatar of was born to a Jewish motherand an Italian — * -- > continuedon page 6 Technology & Malpractice Suits by Howard Stirling lawyers off our backs!" and, "We must have some defense-, of doctors against the inroads of lawyers and politicians." This article is a critical examination of Dr. Robert A. In addition, Fischl states, "What have we come to in the Fischl's own article entitled "In Defense of Doctors" practice of medicine We are now practicing the same which appeared in the October 17, 1974 issue of the New verbal convolutions as the lawyers, and we are being England Journal of Medicine, medicine's most prestigious encouraged to follow the same evasive tactics." periodical. 1 One of Dr. Fischl's strongest beliefs is that lawyers are to blame for the problems doctors have today Substantively, (1) Fischl begins his article by contending that it is the lawyer and not the nurse, family, with their patients. You may ask why bother with all this? The reason or medical technician who has become the first important must be known and known well by all. When an article of person in the practice of medicine today aside from the Dr. Fischl's type replete with inaccuracies, blindness and physician and his patient (2) Fischl then claims that, outright distortions is allowed to grace the pages of because of lawyers, the level of care rendered by doctors medicine's greatest journal, the unquestioned veracity to their patients has declined. (3) He illustrates this by given it by most medical professionals, if unchallenged will giving as an example the difficulty he encountered with a only serve to perpetuate the unnecessary acrimony that woman and her husband in obtaining the woman's consent exists between doctors and lawyers. My own purpose here to remove a mole fromher person. Fischl goes on to blame is not to villify this one physician, but to help educate the malpractice hungry lawyer for the physician's legal professionals as to how and why a physician can problems with (4) the heavy paperwork load as shown by develop such a twisted view of the lawyer's role in the the need for consent forms in duplicate. (5) the necessity doctor-patient relationship. From myown vantage point, I for documentation of what was discussed with the patient, think that Fischl's views are so dangerous that I feel and the risks involved with that particular procedure, (6) compelled to dispatch a reply to the New England Journal the burden of wasteful diagnostic tests, and (7) the. uneconomic use of x-rays. Fischl finishes his grievance list ofMedicine to be entitled "In Defense of Lawyers." The remainder of this article will first be concerned with (8) the conclusion that not only must the doctor then with worry about all of the above that are supposedly with outlining Fischl's arguments and responding to each of them. To begin with, to give a flavor concerned with the patient's welfare, "but [must worry] of what Dr. Fischl's theme is in his article it Is only about the aggressiveness or veracity of the lawyer who necessary to quote him as follows: "We must get these. kirks behind every patient," as well. ... — - 3 In rebuttal, (1) the lawyer is certainly not the most important person bearing on the doctor-patient relationship today. In the vast majority of cases, the patient still walks away content enough with the treatment given, that no malpractice suit is ever filed. And even here Fischl admits that "among everybusload of patients, there ..." is [only] one or two who come to challenge the doctor. Furthermore, one well known defendant's bar malpractice attorney found that in his practice only 1-2% of cases represented "blood-money cases"" in which a patient sues on malice or pretense. 1 This attorney has also discovered that the vast majority, about 90-959J of his malpractice suits, were not due to the fault of lawyers, but to both (a) a bad clinical result, sometimes unexpected, and (b) a poor doctor-patientrelationship. As for the first, there is little that the doctor can do, especially when he had exercised reasonably prudent care, and stilt the bad result occurred. However, for the latter instance, the physician should realize that patients know more of medicine today and, more importantly, have feelings that also must be attended. As Boardmanhas said, 'Too often the harm done the patient is one of omission. Anxious about his biomedical dysfunctions and biochemical disarray, we forget the patient as a human being, address him absentmindedly and perfunctorily."3 In essence then, the soothed patient, although he has suffered a bad clinical result, will be more likely to sit there stoically and take it, (if the harm doneis not irreparable), 9 continued onpage 7 �December 5,1974 OPWIONI 4 Week of Qral rAfgi*ients n Jewish Law Students Meet by Carl S. Heringer & continuedfrom page I Richard I. Gtick Emerging as semi-finalists this year were the teams of Matthew Leeds and Ron tiskin; Eugene Reibstein and Ronald Ramirez; David Ross and Carolyn Pasley; and David Clegg and Christopher Sterner. In two close contests, the highest-scoring teams of Ross-Pasley and Clegg-Sterner advanced, to the final round on Saturday, NovembeV 23, to argue before a distinguishedpanel consisting of Hon. Charles S. Desmond, former Chief Judge of the State Court of Appeals; Hon. Matthew j. Jasen, Associate Judge of the Court of Appeals; and Professor Kennetfi Joyce, Moot Court faculty advisor. Victory in the final round went to David Clegg and Christopher Sterner, marking the first time in recent years that firstyear students won the Competition. Runner-up awards went to second-year students David Ross and Carolyn Pasley, which team also received the award for Best Brief. The award for Best Oralist was given to second-year student Eugene Reibstein. Following the final round, the 1974 Desmond Competition was concluded by a cocktail reception and buffet dinner for judges, Board members, and Competition participants. Selection of candidates to Moot Court Board will be made in the near , On Monday, November 25, the UB Jewish Law Student Association held its first meeting. Attended by first, second, and third year students, the group sought to crystalize its aspirations, to tell why they were organized, and in a lively discussion, to find out what the student body hoped to have in such an organization. The need for certain reforms was recognized by those present, and those enumerated will probably form the bulk of the Association's initialactivities. Best Oralist:'Rcihstein (Left) future, and invitees will be notified by letter. Forty-eight students, both first- and second-year, participated in the Desmond Competition this year, an increase from last year's thirty-six, constituting the largest number ever to compete for Moot Court. international bilateral and multinational corporations and groups such as NATO and the 'OECD to.explore the problems of international ecology and perhaps develop some solutions. Praising some recent attempts at such work, Thus, Dr. A.C.'Kjss of the University of exemplified by the work of the recent Stockholm Strasbourg;,dempnsjrated to. a, law, school audience,, Cpnference, Dr. Kjss suggested that much further last month one of the problems of developing work is required. He suggested that a most important area of international, prqtection of the environment. Speaking before about 5p students, Dr. Kiss consideration now must be thatof research into the asserted that public opinion, in many cases problems of the ecology and the development of overriding generally controlling economic methods of protection from pollution and waste. Dr. Kiss also stressed the importance of considerations of large countries, had become the key force in a recent surge of international economic developing international cooperation and action in the field, and of training lawyers to draft laws and concern and action. Dr. Kiss suggested the use of new and existing treaties that would create such operations. . Van EverY described another "clearinghouse for environmental research projects for area indi- viduals and firms." Groups involved in proposed environmental legislation contact the Society which in turn offers interested students the opportunity to do legal research on the proposals. * COMMUNITY ACTIVITIES: interaction with COLPA, an organization fighting anti-semitism in areas such as job discrimination; cooperation with other Jewish organizations in the UB community, to help further identification with issues of importance to all Jews. . . Desmond Defends Elective Judiciary \ by Dennis Pasiak "On November Jl, 1974, the Honorable Charles S. Desmond, of *h«-^Hjwr .forjner.jChief $toteTCourjt o{ Appeal*.and' of this deliverschool, an alumnus ed a brief, speecfi In Abuttal to Chief Judge Breitel. Chief fudge Breitel advocates the "merit" selection of judges," that is, a system by which poten- j| tial judges are evaluated by a commission and then three are selected as the better qualified. These three names are then forwarded to the governor who in turn selects one for the judgeship. Governorelect Carey/by the way, favors this system. Former Chief Judge Desmond Hon. Charles S. Desmond Past projects include the Fuel Services, now before AEC does not favor the above described merit system and even attacks important, if not more so, "humdrafting of an aesthetic zoning law hearing. the name itself as a public rela- an qualities thatgo with the job." for Buffalo which has been incorVan Every added that the En- tions gimmick. Judge Desmond is Furthermore, the merit system porated in a booklet for regional Society vironmental Law receives planning on zoning and is cura firm believer in the elective might lead- to an elitist corps of rently before legislation,and work issues of environmental publica- system of judges and points out judges- while the elective system on a Bike Path Bill for greater tions, such as the Sierra Bulletin that the system has been u.sed in enables the "common man" to beand Echo Issues, which are avail- New York State fOF over 125 come a judge. Buffalo. The Environmental Law So- able for students to look at in the yearsand that, in that period of Society's Office, Room 112, time, New York State has had a action ciety is also involved in Judge Desmond cautionedthat most professional and well reagainst the West Valley Nuclear O'Brian Hall. the elective system could be cirv spected judiciary. cumvented in its purposes by wild J vdge Desmond stated that and extravagant campaign spendthere is no proof whatsoever that ing a la Fuchsberg, but he said the merit system would produce a thatwith a limiton campaign exby Gerry Schultz better judiciary and thatit would penses and stricter rules, the The Environmental Law Society wishes everyone a good be folly to abolish a system that elective system would be morere"vacation" and wishes to remind everyone that our individual actions has worked so well for so long. presentative of the people. can have a major impact on preserving and protecting the environment. The elective system has produced If you are going to buy a tree for the holidays, buy a live tree and a professional judiciary that is plant it. Recycle your glass, metal arid paper. Buy your beverages in well respected in not only New In closing, Judge Desmond returnable or biodegradable containers. Givealternative gifts scented York State, but also throughout stated that despite the endorse" hand Great States, candles to use instead of aerosol sprays, shaving mugsand razors the United in ment of the merit system by such newspapers as the New York instead of electric razors and aerosol shave cream. Don't give Britain, and in Europe as well. The formerChief Judgeargued Times and Buffalo Evening News, unnecessary electric appliances. Use recycled paper whenever possible. Walk short distances instead of driving. Buy items that are not that the election of judges pre- then is no compelling reason for serves a democratic tradition and the merit system to replace the overpackaged.Buy and give clothes made of natural fabrics. Try to keep in mind that the entire U.S. economy is based on our enables the citizensof the state to elective system because the consumption habits and that many environmental problems could be choose their judges. He stated that elective system is "tried and alleviated by changing consumption habits. For instance, for each a committee might be more com- ■jrue." kilowatt hour of electricityproduced in a fossil fuel plant, the utility petent as far as the purely techniA short question and answer must burn nearly a pound of coal or a tenth of a gallon of oil. If we* cal aspects of the "job of being a are session followed the Judge's predecreased our use of electricity, this would save these valuable judge" are, but the people better able to discern the equally sentation. resources and eliminate theneed for new power plants. EVLS Active On Several Fronts of the Society's functions as a * _ A leader of an underdeveloped country at an international conference on ecology told a representative of an industrialized nation, "If you want us to be clean, you must pay for the soap." How many of us are actively aware of our surroundingsand environs? Increasing this awareness is a principal project of an SBA affiliated group known as the Environmental Law Society. According to its president, third-year student Bob Van Every, the Society is practically trying "to put environmental concerns before people, make them aware that it does exist." To achieve this aim, the Society has presented movies, including "The-Rise and Fall of the Great Lakes" earlier in the semester, and sponsored a field trip in October to a nearby park. But the Environmental Law Society is interested in more than merely making people realize that leaves and lakes still exist. also be dealt with.) COURSE OFFERINGS: The JLSA hopes to see a course on Talmudic Law taught, possibly in conjunction with Canon Law, or in addition to such a course. The necessity of these will be seen through future Association action. The JLSA would * SCHOOL CALENDAR: The group * FOOD SERVICE: of vending machines seeks a formal cancellation of classes on like to see to (Rosh offering tjiose students Hashonah and Kosher food the High Holy Days Yom Kippur) rather than relyjrig on the who wish it, such as those now operating in present haphazard process of individual Norton Union, at competitive prices. postponements and makeup classes; In connection with this last item, the Passover and Easter fell in the same week, ) LSA will poll the student body, to yet spring vacation encompasses neither; to also, classes 'are scheduled for Saturday establish a base of popular support meetings, and the same courses are not continue this action. Of course, the JLSA cooperation student and to hopes have madeavailable during the week. participation in all of its planned and SPEAKERS: The JLSA plans to future activities. All interested students are * recruit speakers of interest to the law invited to attend meetings, time and place school who are active in and around the TBA. Further information is available by Jewish legal world (whose existence will contacting Richard I.Glick (636-4013). A.C. Kiss Lectures On Internat'l Pollution Control r , Environmental Notes - " �m December 5, 1974 opiwqN 5 Moot Court TeamFinishes 3rd in Nationals Round ProceSauRF B or Inter-Student Complaints In its best showing in several' years, the law school's Moot Jurisdiction Court national team outscored all In order: to prombte justice and rational decision making; to but two other law schools to fininsure pursuant to Standing Order No. ,1 (sec. DIC) that established ish third in the National Moot jurisdiction of the SBA Board of Directors ..."; to minimize actual or Court Competition in Cambridge, apparent faculty intrusion into student affairs; to promote that sense Massachusetts November 6, 7, and of independence and responsibility crucial to the development of an 8. Oralists Sanford Presaht and attorney; to establish appellate review universally recognized as' Paul Crapsi, coached by team enhancing Due Process; and to facilitate the functioning of the FSRB. chairman Gabe Ferber, wepe-conIn discharge of the duties of the FSRB, to develop a critical vincingly strong in defeating Sufunderstanding and ever improving rapport among the members of the folk Law Schooi and the articuFAcuity of Law and Jurisprudence (Sec. c[l]) vto implementunder late Univeristy- of Connecticut its powers all programs entrusted to it that substantially affect bo(h teams in the first two days of studentsand faculty (Sec. c[2]), competition. Presant and Crapsi were defeated by a narrow margin BE IT RESOL VED THA T: in the semi-final round on the last day of competition by Cornell a. No inter-student complaint of any kind shallbe heard by the FSRB Law School. Had the team won their finalround, they would have pursuant to its primary jurisdiction, butshall only be"heard by way of appeal from a duly constituted judicial tribunal, except as represented SUNYAB in the Naprovided in (l>); tional finals in New York in b. Any inter-student complaint arising from the service of one of the December. Boston University, the students on a Faculty Committee shall be heard by the FSRB regional winner, and Cornell will pursuant to its primary jurisdiction. represent the eastern lawschools in New York. PROCEDURE ON APPEAL " Buffalo's performance was aptly jeflecttve of the three Upon a final decision, Appellant shall have the record, which shall months of hard work in preparacontain a statement of'jurisdiction, the decision of the tribunal, and tion for the competition. The the basis of thafdecision, transmitted to the FSRB, and request of the team's 42-page brief also received FSRB to hear the appeal; upon receiving notice that FSRB will hear the third, highest score of 93 the appeal, the Appellant must file a brief detailing the issues for points out of a possible 100.' The ir-solution, and the alleged errors in the judgement attacked; the winning brief score was95. Appellee, upon being served with a copy of the brief shall file a Ora Iists Presant and Crapsi responsive brief; reply briefs may be directed at the discretion of the' were chosen after practice arguFSRB, before the matter is set down for oonfefence or hearing. Time " ment before Professors Joyce and periods may be established by the Board. Hyman, and Moot Court Board Photos by Zaetsch' , - ' Cantor Compares US, Cuban Legal Systems Robert Cantor, of the New York City National Lawyers Guild, delivered the November 18th Distinguished Visitors Forum lecture on the socio-legal* structure in Cuba. In particular, rje emphasized the development of the popular tribunals, a special system of judicial administration in which the people play a very active role. Mr. Cantor's lecture was based on his. personal. experience gained during several months' study and observation in Havana and in the outlyingprovinces. To describe the Cuban social system, Mr. Cantor drew an analogy to the Marxist Allende regime in Chile. There, unlike Cuba, the ruling power was never really under control of the government, being retained by a wealthy ruling-group. This group, in effect, was> the law, and when they decidedthat the duly elected government was inappropriate, they changed it. The Chilean system of governmental checks and" balances is much like our own in that a Marxist takeover of all the governmental machinery was impossible. Cuba, by contrast, has a single-class society, and a single national governingbody. Under such a system, new laws and a new legal system were needed. "After the second Batista coup in 1953," Mr. Cantor stated, "the progressive laws of the 1930's and 40's were particularly out of touch with realities."After the Castro revolution, an effort was made to construct a legal and a social system addressed to the needs of the people. "State-owned operations work as well as the consciousness of the people has beenraised to make them work," Mr. Cantor stated, so that "the legal system is used-as a part of this general consciousness-raising." Mr. Cantor cited the CDR, the Committee to defend thej*eyolution, a type of neighborhood action organization, which tends to engender a strong peer group incentive. Mr. Cantor experienced this sense of group-actualization while he was a CPR member working on a Santiagopark project. Crapsi Presant MacDonaJd and Ben Idziak. In each round in Boston, they represented Sweetwater College, an all Black university sued under 42 U.S.C 1983 and the Fourteenth Amendment equal protection clause because the college had excluded a Black applicant in order to fill a quota of enrolled White students. The problem was clearly written in response to! the moot DeFunis case. Buffalo has high hopes for next year's national competition, as both Presant and Ferber are juniors and will be active again. seniors Dan Ferber BALSA Attends Boston Law Day by G. Alex Hudson Ori November 16th, the Cohr- bined Boston Black American Law Students Association sponsored a Law Day at the New England School of Law, which is located in Boston, Massachusetts. Mr. Cantor then traced the development of the The purpose of the Law Day was Popular Tribunals, another self-actualization group to provide an opportunity for patterned after the system of judicialadministration minority undergraduate students used by Castro while he and his rebel army were in to familiarize themselves with the the Sierra Madres. Because "Cubans have a law school admission process and mammoth hatred for formal legal systems," the to meet with individuals reprePopular Tribunals have become informal, judges are senting the various law schools selected from among the people. Witnesses are not participating in the program. More examined; they talk. There are no strict evidentiary than law schools were twenty rules, objections as to form, or "sophisticated represented at the Law DaY, inlawyering." The Tribunals are an attempt to involve cluding the Buffalo Law Schooi. (he people in the legal process and to use peer group disapproval as a sanction. The Law Day agenda provided enabled perUnder the Marxist regime, the Cuban family for workshops, which changed from the old anti-feminist machismo sons to obtain information about the LSAT and financial aid. A concept to one where "it is now grounds for divorce morning reception was held for when men do not do half of the housework." There the law school representatives at are now anti-loafing laws, which classify people who which Richard Taylor, National refuse to work as criminals and enemiesof the state. of BALSA, spoke Factories are organized with three member Chairperson the need for a continuous tribunals known as Workers Councils, whose duty is upon toward the urging of commitment to insure that absenteeism and other loafing receive minority group persons to obtain penalties such as loss of vacation or work a legal education. Another theme reassignment. of the reception was the need for In closing, Mr. Cantor noled the differing views the minority legal profession and and rehabilitation Cubaand the law students to be concerned with in in of confession United States. Confession is viewed in the U.S. as a the possibility that the institutions of legal learning may alter part of the plea bargaining process, a device to clear crowded court dockets, while in Cuba it receives their admission practices to the true sentencing displays when it detriment of equal opportunity, a mitigated repentance and personal expiation. In the, U.S., post Defunis V, Odegaard conprisons tend to re-enforce class distinctions, to sideration. "create a class of people outside the economyand to A morning workshop was held then keep them in jails," while in Cuba prisons are used to reorient a prisoner's consciousness toward a for the law school representatives view of himself as a productive member of society. which dealt specifically with the Within the prison, he performs the same jobs and development of pre-law curricula receives the same pay as on the outside. He can be at the undergraduate level which provide students an earlier released only when there is a job available. The would prisons' are almost all open prison farms, closed exposure to legal writing and prisons with 'Cells being reserved for analysis. Several panel members, counter-revolutionaries Ind heinous repeat including the dean of the New England Law School, cited the offenders. deficiencies of a large percentage of all first year law students. Xi~ remedy these deficiencies, many panel participants felt that the responsibility should lie on undergraduate institutions to better prepare students for law school. Theimpracticality of such undergraduate curriculum development was manifest, but the discussion group recognized the benefits of such development in addition to the improvementof the existing legal methods courses being offered at most law schools One comment made during discussion summed up the situation quite accurately, however. This comment addressed itself to the inadequacy of the whole educational process fron grade school to college for a majority of minority persons. The afternoon agenda provided the persons attending an opportunity to meet with the law school representatives. This format communjcation , , ' provided anjexcelleitopportunity forpersons to obtain particular in- formation about law schools, which included discussion about the merits and disadvantages of attending particular institutions. This format also provided a forum where law students could relate the challenges and problems encountered by minority persons while obtaining a legal education. This interview format provided the opportunity for the law school representatives to interest persons in applying to their particular school. This was an important aspect for the Buffalo Law School representative, in light of the declining minority student enrollment over the past year. The character of the Boston area, with its many colleges and universities, provided for many prospective applicants from the state of New . York. �December 5,1974 OPINION 6 VS. , continued from page 3 however, is that any reason to extinguish a simulation? (f that were the case telephones wouldhave been discarded after the first obscene phone call was recorded (c. 1905 in Dcs Moines, Iowa). All in all, on balance, I reasonably feel that clinical programs do more good than they do harm, which is probably true with law schools in general. Q: Very trenchant,sir. Onelast question, if I may. Do you foresee any end to the social strife, bitterness and despair that the prophets of gloom have predicted for the United States In the coming years? Does the legal system offer any viable let's-have-a-potato-for-Supreme- alternatives? Court-justice bloc of legal scholars whodo RM: I'm glad you asked me that question. need a spokesman. Some of theirdecisions Being an expatriate of America, I have a have appalled me [imagine appalling the certain fondness for my homeland, and my Reasonable Man!], especially the DeFunis heart breaks when I read of the dog days decision. Oh, by the way, did you hear that have befallen the land of purple about the recent abortive hijacking of an mountain's majesty with its amber waves of grain. I see a solution though, a legal airplane by a half-mad law school admissions director driven to despair by the remedy that just may solve the problem. I DeFunis decision? propose that America be placed in the receivership of a Federal court, preferably the one presided over by judge Skelly er, never Q: That was a half-crazed mind. Sir, what about things like political Wright, from whence it may be run with trials, videotape television in the proper considerations of due process and courtroom, and the virtual emasculation of equal protection for all. Now granted, this would be in a very real sense a petition for class actions? RM: First, I think all politicians should be an extraordinary writ based on a breach of put on trial. Second, there's too much an implied warranty of habitability in the material on television as it is. And third, country.. However, I think that the Federal why should class actions be any less judiciary could handle the load. True, the vulnerable than any other viable first days would be difficult, but after the adjudicatory vehicle or doctrine? Mark my initial flurry of briefs, I see the concept words, with this Court "separate but being incorporated into our jurisprudence equal" may not be down for the count yet. very neatly. It would also render nugatory Q: Very biting, sir. With your experience thatoffensive state action doctrine thathas over the centuries in dealing with the law, hamstrung Federal courts and Con Law I perhapsyou could give us yourviewsabout classes for years. the advisability oif instituting clinical Q:. Very sweeping, sir. Well, I won't take programs in law schools. There is quite a up much more of your time. Oh, by the debate raging at Buffalo Law School over way, have you enjoyed the copies of this verycontroversial topic. Opinion we've been sending you? RM: Looking at it from a historical RM: Yes, I have"except [The Reasonable. perspective, I can only say that they Man's face darkened] haven't been too I laughed at the case method, fault theory, amused by that knave Chamberlain's artithe Thayer, presumption, mens rea, and cles. His spot in law school could morereasome of the other recent breakthroughs in sonably been given to a money-hungry legal theory. I'm not surprised to find them power-mad future corporate lawyer. Howlaughing at clinicalprograms. What I say to ever, he does satisfy that let's-give-a-knavethem is that if you can have a Moot Court a-chance sentiment that runs high in law you can have a Simulated Law Firm! And, schools. by God, if you can have a Law Review you can have any damn thing! Now, it's been With that the Reasonable Man fell shown to be true by empirical study that asleep. This reporter had the awful feeling clinical programs have spawned dope that the Reasonable Man may not wakeup smoking, communal living, and sitar music, for a hundred years. Luckily, however, the ups and downs of the American political experience do not affect me here in the Amazon too much. We have here what you might call participatory wilderness democracy, better known as the law of the jungle. Certainly cuts down on appellate review, and as a Resaonable Man you begin to grow sensitiveabout that sort of thing. Q: Sir, to begin to focus in on the legal developments, can I ask you what your views on the Supreme Courtare? RM: The recent appointees to the Court have disappointed me, although Rehnquist most likely will appease the anti-liberal, ... Opinion by Dave Geringer Attempting to rebuild after a disastrous 5-20 season a year ago, the basketball Bulls have added several promising newcomers to blend with the Reasonable Poltroon father in the fiefdom of Apples. While yet a boy, the Handsome Prince learned classical history, excelled at the study of rhetoric and oratory, and knew the Hun dred-Great-Books-The-Readingof-Which-Will-Make-One-An-EducatedPerson. When he became a man, he was, as Was the custom, presented to his father at Court, wherehe Was appointed to head the newly formed Ministry of Justice. As the Chief of Justiceat the Court of Apples, the youthful juristbegan to distinguish himself almost at once by adopting the politically expedient course of representing the views of the common folks. He was revered throughout the ■ countryside, and his opinion was required in many Important Matters. His counsel was sought by politicians from the four corners of the realm; economists could always count him an ally when debunking the absurdities of, mostly foreign, experts. Suits at law and equity set at his feet, forhis was the only guiding influence in those Troubled Times. He was thought to be a gentle man, always eager to give a poor railroad or widow a break. Never accused of snobbery, he held firm to the democratic equalitarianism of 'his times, standing uncompromisingly for the collective ignorance of the masses in political matters, and Good Sound Business Solutions. He supported compulsory education as the most effective means for imbuing the populace with'a thoroughgoing mediocrity. He was called to the Capital, and honored by the King as one of theNine Most Reasonable Poltroons of his day. And his fame continued to, grow. He stood fast for Truth, Justice, and the Jurisprudential Way. He advocated The' Abolition, pf Quotas. Two Cars in Garage. Shoes Ton ti?e.Fpotless;Children of i the Rural Districts. The Guaranteed AnnualYear. But there was a snake in the garden. The Reasonable Poltroon was getting old, and the pressures were mounting. The demands for Justice were harder and harder for him to resolve. It was time to retire. The Reasonable Poltroon, unable to stand the heat, got out of the kitchen-. The gnawing tooth of time proved, the better of the stallion of ambiguity. (Don't you just lave metaphors?) Or, at least, such is the story. But do we really know the truth? Isn't it just possible that the man sleeping on his porch in Brazil is not our old friend? First, consider just what are the traits of a Reasonable Poltroon: He is, first of all, skilled at what are commonly known as "practical concerns." One would never think of a Beethoven or an Aristotle multiplying 3,472,701 by" 89,645 without making a mistake, nor could one think of him remembering the range of this or that railway share for two years yet is riot just this sort of thing commonly held to distinguish "reason" from "unreason," especially in the United States, where superficiality of knowledge amounts to almost a national disease? One hardly thinks of a Chaucer or a Sappho tuning pianos, repairing clocks, keeping books, managing factories, or practising law yet is it not against the mentalities of just such people as these that the notions of "reasonableness" are measured? The point is not to denigrate the practitioners of such trades; neigher to cast aspersions on the - - concept of "reasonableness" itself. I merely wish to observe that, despite the alleged retirement of the Reasonable Poltroon, it takes no more (or less) actual sagacity to carry on the everyday hawking and haggling of the world, or to ladle out its normal doses of bad medicineand worse law, than it ever did. Who else but the Reasonable Poltroon could have masterminded the Russian wheat deal, the "horizontal waffling" of the economy, or WIN buttons? Who but the Handsome Prince of Reason could have arranged for race riots in Boston, by whites? Who, if not the Master of Mediocrity, inspires Barbara Walters, The Rolling Stones, and Roman Hruska? Has anyone noticed anything that has become less (or more) "reasonable" since the alleged departure from his position of power of the Reasonable Poltroon? I think that our friend' Hack Reporter has been deceived by a clever hoax. It appears from The End of the Bar that the Reasonable Poltroon is .as in control of things as ever, unless, of course, one mistakenly equates bad management with destiny. Else what are we. to make of the report, apparently by Reliable Sources, of a little man in a grey suit and bowler hat, peering silently from the rear window of the Clapham omnibus as it rambles slowly, slowly, through the opaque darkness of thick, tnglish, industrial smog? I certainly do not intend that these remarks be taken as in any way a criticism of Mr. Hack Reporter. Nothing could be further from my mind. I have known and admired this gentleman since he first appeared on the Buffalo scene just over one year -ago. I never cease to be amazed at the wide range of subjects to which he turns his versatile incapacity, and I've always thought thosestories abouthim and the barnyard animals were somewhat exaggerated, anyway. ., Sports Preview: Cage Bulls Face Niagara Forward spots open Dickinson heads the at forward, with junior Otis Home, freshman Jeff Baker and the loser of the Pellom-Jones duel at center completing the list of possible starters. Home, a crowdpleaser much in the manner of last year's star forward, Horace Brawley, averaged 15 points per game last season to pace all returning Bulls. Home is regarded as having the inside track on one of the forward Co-captain Bop cast remnants of last year's squad. However, the schedule has .been upgraded, and a ten-victory season would be rated a successful one for second-year head coach Leo Richardson's squad. Last year Buffalo was severely hurt by slots, Gary Domzalski, who averaged 10 .the absence of a dominant center, and this hole is a problem which will likely remain points last year, will probably team with as such this year. 6-7 freshman Sam Pellom co-captain Darnell Montgomery in the will challenge incumbent Mike Jones backcoun. Montgomery was a little-used (6-6)4) for the starting -centerposition as reserve last season but the squad's loss of the Bulls look for an improvement over last potential starter Nate Evans opened up a year's combination of Jones and Jim Slay- startingposition. Freshmen Roland Maples ton, now the third-string pivot. "Pellom is and Ron McGraw will battle holdover Gene probably a year away from helping us," Henderson for the firstreserve spot. forecast Richardson. If the Bull mentor's Syracuse first opponent prediction proves accurate, Buffalo may be Buffalo, which opened last season with hard pressed to better last year's record. a 45 point loss to Syracuse, opened their home schedule by hosting the Orangemen as the first half of a Memorial Auditorium doubleheader last Saturday. The Bulls faced Fairleigh Dickinson and, Long Island University on the road this week and re- turn home to face Niagara at Erie Com- munity Coltege Monday night. Two years ago, when the Bulls last played the Eagles at ECC, a Buffalo loss cost the Bulls a shot at a National Invitational Tournament bid. This year, the only thing Buffalo is bidding for is a respectable showing. LAW SCHOOLBASKETBALL LEAGUE RESULTS STANDINGS Cosmic Demons 28, Flyers 25 w Red's Boys Schlegel's Bagels Dribblers Cosmic Demons Barristers Flyers ■ 3 2 2 1 1 0 L 0 1 ) 2 2 3 • ' Schlegel's Bagels 38, Dribblers 27 Red's Boys 35, Barristers 24 Red's Boys 37, Flyers 22 Schlegel's Bagels 55, Cosmic Demons 47 " Dribblers 42, Barristers 38 Dribblers 49, Cpsmic Demons 45 Barristers 36, Flyers 20 Red's Boys 43, Schlegel's Bagels 29 . �December 5,1974 OPINION 7 Malpractice Suits pursue the physician into court. In other words, the secret here is jn the soothing, in the fact that the patient was cared for sufficiently, from his perspective as.a person, and not just as another case, hy the physician; Lawyers have no role here. In fact, state and local bar associations do not allow attorneys to manufacture malpractice suits. Ambulance chasers are no longer welcome. So in essence, it is the doctor's conduct with his patient that sows ti]e, seed of the malpractice suit. The lawyer only serves to harvest the already planted crop. And as an officerof the court, the attorney is under a legal obligation not to file what he knows to be either frivilous or malicious suits. (2) Lawyers alone cannot possibly have made patient care worse off. On the contrary, technology has. I have seen the analogy made more often now between the physician of today and the old member of an embattled guild facing extinction by technology; e.g., witness what happened to the blacksmith when cars began to be produced. Spiro, one of medicine's most gifted writers, calls technology acentral problem in medicine today that one can't escape. Boardman, in his article, has put it all into sharp focus by enunciating the fact that as physicians have become too absorbed in the technical aspects of a case and the fear of possible criticism of their medical technique by colleagues at rounds arises, the duty owed to the patient as a human being gets lost in the process, and the physician fills in the void by turning inward and focusing on his own deeperinsecurities. Technology breeds divisions of labor and specialization. Specialization threatened and almost destroyed the family dbcfejr who once acted as family guardian and friend. Wfth the family doctor mostly out of the way, patients are left with an overall insufficient doctor-patient relationship and consequently are more willing to sue the specialist, who has made a mistake and whom the patient has only seen once or twice in his life. (3) Again, lawyers are not at fault for the problems physicians have in obtaining informed consent. Contrary Fischl implies, it is not riecessary to give a patient what to an abridged course in plastic surgery to get the patient's permission to remove a mole. The law here tries to be reasonable; not impossibly difficult. The crucial principle here underlying informed consent, first declared by Justice Ciido/o, is thar'"Evefy human being of adutt yea'fs'aria" sound mind has a right to determine what shall be done with" his b'w'nTjo'dy. (4) As for Fischl's grievances of being overloaded with paper work and forms in duplicate, this is as much a problem of technology as is the explosion of scientific knowledge. In a lighter vein, if Fischl thinks he is overloaded with paperwork, I don't thinkhe has ever been to a law office, where the poor attorney can sit all day long bogged down in a deluge of paperwork. Seriously though, the difference here is that physicians are uncomfortable with paperwork because they haven't been trained to deal effectively with jt. (5) The necessity for documentation of what was discussed with the patient and the attendant risks involved Is a combined result of technology's demand for filing,information on everything possible and, more importantly, a result of making sure that the patient ultimately makes the choice of whatis to be done to his body. (6) The burden of wasteful diagnostic tests that physicians feel forced to conductisn't due to the presence rather than (7) In terms of the uneconomic use of routine x-rays to prevent malpractice suits by lawyers, here too, the "*^' Therefore, if the available scientific data shows that routine screening chest x-rays are not needed in patients under 20, and that lateral projections are not needed in patients 20-39 years old (except when chest disease is a reasonable possibility), then no fair-minded lawyer would file suit forlack of a routine screening chest x-ray alone. In conclusion, much of Dr. Fischl's criticism of attorneys as being responsible for the problems doctors have with patients is really due to fhe arrival of the Industrial Revolution in medicine and the disappearance of tKe~ family physician who has been replaced by the specialist. As specialists, doctors seem 'somehow more remote and less-concerned with patients. It seems doctors are just becoming like everyone else; there are no more sacred cows in law or medicine. This perhaps explains Dr. Fischl's bewilderment at not always getting the praise he once expected fromhis patients. To me Dr. Fischl's views stand for the physician guild member who, being isolated, feeling lost and confused, lashes out at the convenient target of the lawyer for the difficulties he has with his patients. In this situation, it makes no sense to blame attorneys for all malpractice suits that are filed. Technology has changed the role of the physician in society for good and in ways that unfortunately can encourage malpractice suits. Dr. Fischl" sadly doesn't recognize this,-and'stands'alone' forl6rrf,''''|a' stranger afraid in a worldhe never made." , , Footnotes ' Fischl, R. "In Defense of Doctors," 291 New England journal of Medicine 846 (1974]. 2 Morris, C. A Reply. Medical Malpractice: The patient versus the Physician. A study submitted by the subcommittee on executive reorganization (pursuant to s. res. 25, 91st Congress) to the Committee on Government Operations, United States Senate. (November 20, 1968). 3 Boardman, D.W. "The Dollars and Sense of Medical Care and Health Services," 291 New England 49974) /ournal of Medicine - 4 Spiro, H, "My Kingdom for a Camera Some Comments on Medical Technology," 291 New England lournal of Medicine 1070(1974)). s Schloendorff v. Society of New York Hospital, 105 N.E. 92, 93 (Ct. App. N.Y. 1914). 6 Segel, S. et. al. "Efficiency of Routine Screening and Lateral Chest Radiographs in a Hospital Based Population," 291 New England lournal ofMedicine 1001 (1947). small group elective and a section of property. These lottery forms should be returned to the Registrar's office application, do so immediately. Applications may be responsibility to check that your account has an outstanding balance under $25.00. If you are making a 312 Stockton Kimball Tower. These applications will be payment anytime after today, don't forget to specifically reauest the cashier at the Bursar's office to send through considered in order of receipt. returned to the Financial Aid Office, : an "override" on your records. If this is not doiie your Registration for the sprjng semester commenced payment will not be immediately acknowledged by the yesterday for freshmen arid will begin today for 'computer. If you receive a' scholar-incentive award after today, upperclassmen. All registration materials should be returned to the Registrar's office by Friday, December 20. bring the award notice directly to the Bursar's Office on Senior materials will be sent to thecomputer on December the Main Campus (Hayes A). If your award is for the 27, to be followed on December 30 by the junior maximum or if you are. making payment to cover the deficiency in the award, you will be able to request an material Freshman registration will be conducted in the following manner. Yesterday you should have received yourregistration materials in class. If you were absent they are available at the Registrar's office. In the packet is a lottery form on which you must list your preferences for a Mr. Wade Newhouse. This would not have been unusual was held the night of the Great Blizzard of '74 that effectively closed the city the next day. With evidenceof such true support, the Association is off and running. Most events for the coming year have already been scheduled, but an upcoming Executive Committee meeting will concentrate- on discussing the future trends for the organization. The Association will be lookingat all aspects of the student/spouse relationship and the issues that vitally interest both groups. With support from the whole spectrum of law school life, LSA feels thatit can become a vital center for the exchange of ideas and experiences. Everyone is not only welcome but urged -to attend the meetings, which are announced in regular articles' in Oplhidn. We need your ideas and your interest, and you may find we're compatible. So make a note: the next meeting will be field Jan. 7 at 7:30 p.m. in the Faculty Lounge. Please come and give opinions, ideas, thoughts, 1 , , "override." Students whohave not received theirscholar incentive awards by the time they wish to register will be required to pay their outstanding bill subject to a refund when the award notice does arrive; ' statement is only partially accurate: what many people probably don't know is that its membership is open to single students, facultycouples and alumni. There is a need for a common meeting ground that is not primarily student-oriented, where people can get to know each other and have' an opportunity to work together for the enrichment ofthe law school community. The Association isfat-present, in a state of positive transition. Interest in our activities is reflected by a membership that turned out in force for a business meeting to elect two new officers and to hear a lecture by except that (he meeting patient.' The Financial Aid Office has announced that by Monday, December 9. Lottery results will be posted on additional monies are available for those students who December 11. Unless your account, is cleared by the Bursar, your have not yet filed for assistance during the 1974-75 year. If you are Hi current need of aid but have not yet filed an registration -will be refected by the computer. It' is your picked up from and ' : of the Screw by lan DeWaal The Law Spouses Association (LSA) is an organization of married law students and their spouses. The above 'attorney is innocent, 'and the' demands made by technology to use its tools are at fault: rrr the case of the' routine chest x-ray, its benefit to the patient must be balanced against its economic and radiologic costs to the ' , Turn of a lawyer Itirking behind every test tube, but is simply a product of technology. Spiro feels that an available supply of diagnostic tests creates demand-, and that, because a technique is available, it is used. Today it seems as if complex new diagnostic tests are not given to improve patient care so much as to keep abreast with the newest and finest equipment other doctors"are receiving from the manufacturers, who are all too pleased to produce more of the same. So, as more wasteful tests are* used, patient costs go up; thereby, the need for third-party payment arrangements (Blue Cross) increases, as does the paperwork the physicians must endure. ' Law Spouses: Off & Running , etc. So far, in November, LSA has hosted a demonstration by Mrs. Lauferon handcrafts in which she exhibited a variety of craft technrtjues-for holiday gift gitirtg: IWttrty involved the use of recycled items and/or unusual uses for everyday things. Our thanks for her time and evident ■ ' interest in and supportof the Association. '' * '• At the Business Meeting on November 14, LSA elected a new President and Vice-Presiderit to replace two ■■■ — 1 officer3f-"NancyA'*Cit);hen and Vjiajfr Weinsteln^ Ascending to the dizzying heights of academic politics were 'Tina Stoufer as President and Sheilah Rostow as; Vice-President. They join a veteran board of elected officers who will be of great support and value in the coming year. The meeting heard reports on the progress of the Liquor Raffle (if you haven't bought your tickets yet, get them soon from all reports they are'going fast)) which will form the nucleus of a scholarship fund for married students, and on the emerging details of the LSAcocktail party to be held Saturday, December 14, at 8:00 p.m. at the Monacellis', 2550 Main Street. Everyone, single, coupled or otherwise, member or no, is invited. Drinks can be bought at minimum cost, ambience will be excellent, - and, of course, the company and conversation will be of the highest calibre. At 10 o'clock EST the drawing for the liquor raffle will be held and great rejoicing will fill the air. (If you don't have a winning ticket, you will at least be able to drown your sorrowsor compel one of the winners to buy you a drink; Tort law will be suspended for the evening). You need not be at the party to win, but even if you can't stay, do drop in for a while. More details on request from Cindy Monacelli, Chairperson of the Social Committee at 837-6410. Business, qua business, is business, but pleasure was listening to a fine lecture on SchoolLaw and handicapped children given by Wade Newhouse, who braved the storm to enliven our meeting with reminiscences and hard facts. School Law may not infect you with enthusiasm, but the implications for both "exceptional" and "normal" children and their parents are great. Under Mr. Newhouse's guidance, the School Law Clinichere at the University was created to function as a help center for concerned individuals and frustrated parents who need guidance in dealing with bureaucratic school districts that pay little more than Kp service to the needs of the "disadvantaged" child. A lively discussion followed and, though not a parent, this reporter was fascinated by whatis being done, what isn't being done, and the scope of what can and should be done. On Tuesday the 19th, just prior to the Moot Court Competition, Dan MacDonald came and spoke to a small group which then attended the Competition itself. For several of the group, Moot Court provided a first glimpse of what theLaw School teaches. Remember the Christmas Party December 14th. A very happy and gluttonousThanksgiving to youall. �Opinion To Publish Legal Research Journal continued December 5, 1974 Stony Brook Plans Law School, Official Informs Faculty from page I format as a newspaper and its limited budget. The possibility of a as the vehicle suggested itself in the form of the increasing number of law student magazines published at otherlaw schools. "If other law-schools could publish student works, serve the profession, and garner recognition for themselves through the versatile and relatively inexpensive medium of journals," Bowie testified as to the Opinion proposal, "there was certainly no reason why this law school needed to confine itself to the traditional vehicles of a single newspaper and law review." While the spring issue, which has been undertaken on a trial basis, will be devoted to the best contributionsof general interest, future plans foresee special interest issues for whichall the papers solicited will deal with particular themes, legal developments, or branches of separate journal serving practice. by Ray Bowie Recent leaks to the downstate press were corroborated fiere two weeks ago when Law School administrators received their first briefing on SUNY Stony Brook's plans to extablish a secondSUNY law school on the Long Island campus! Considerable speculation had been generated locally earlier this fall when reports appeared in Newsday that Stony Brook administrators had sent to Chancellor Boyer a proposal for a "multifunctional law center" which would includelaw school training, graduate law programs, training of para-legais, and legal services for the indigent. Much of the speculation, as might be expected, concerned the effects such an institution might have on this law school. Two weeks ago, some of this s peculation was resolved when Merton Reichler, a representative of SUNY Stony Brook's Office of the Academic Vice President, visited the Law School to consult with Provost Schwartz and other faculty on the Stony Brook pro- For the present issue, Opinion hopes to be able to tap the existing reservoir of seminar papers and term reports for some of the best student writing recently produced at the Law School. To this end, faculty have been asked to recommend those papers they feel to be truly outstanding, while students have likewise been invited to submit such papers on their own initiative. As the journal is open to all contributions, all papers will be duly evaluated for scholarship, readability, public interest, and utility to the profession. Sixteen hundred copies of the spring issue are planned to be distributed free to law students, alumni, local firmsand agencies, and law schools and libraries through the .nation. The deadline for contributions or recommendation of papers has been tentatively set for the second week of the spring semester, and publication of the journal is expected sometime in April. Procedure for Submitting Contributions to Journal Through funding provided by the SBA and the Law Alumni Association, Opinion will this spring publish a journal of student research papers to be selected on the basis of legal scholarship, writing quality,public interest, and utility to the profession. Such papers may be submitted for publication through either of two routes: 1) faculty have been asked to recommend outstanding seminar or course papers or 2) students may contribute their writing on their own initiative. Opinion hereby invites students to submit for publication in the forthcoming journal any papers, reports, or essays .which they believe to be qualified in terms of the above mentioned four criteria. Contributions reaching us through either route will receive equal consideration by, a selection committee composed of the Opinion editors, faculty consultants, and representatives of other academic activities at the School. To be published sometime in April, the journal will be distributed free to the law school community, dues-paying alumni, local firmsand public agencies, and law schools and law libraries thjoughput the country. Deadline for receipt of all contributions shall be during the second week of February, but Opinion asks thatany papers be sent to us as early as possible to facilitate adequate consideration. All papers submitted will be held in strictest confidence, and all rights will remain with the studentuntil publication. Contributionsshould be sent toy ' . OPINION 8 posal. Mr. Reichler distributed copies of a 50-page report on the subject that had been prepared for the SUNY Chancellor in accord with existing procedures for submitting new. academic programs. Thereport outlined the rationales for a "law center" at Stony Brook, justifications for particular programs, and a prospectus of the resources needed in order for the institution to begin operations in 1977. The Stony Brook report opines ttfat the ".multifunctional law center" it advances would be unique in the nation and that such an institution "rather than the traditional law school represents the future of legal education in this country." By implication, the report faults the private law schools of the state for limiting themselves to training attorneys for the bar, and comments that "this task is not the total way of meeting contemporary demands for legal-training." ' In contrast, SUNY StonyBrook is proposing to undertake programs in undergraduate legal education, paraprofessional training, continuing education for attorneys and judges, interdisciplinary research, public leadership, assistance to governmental agencies, and providing of legal services. As justification for such a wide spectrum of programs, the report cites the population growth of the downstate area and its concomitant demand for legal services. Changes, in law practice, the report stated, indicate.a need for the diversified skills and specialties Stony Brook hopes to offer. Stipulating the contents of the proposed law center in greater detail, the report envisions an eventual 1 ,000-student enrollment, a master's degree program for law enforcement and social workers, a research doctoral program in law, and a library of 200,000 volumes, the largest on Long Island. In 1984,once operations reached full capacity, the institution's totalannual budget was estimated at $2,000,000. The Stony Brook proposal has been in the preparation for a year and a half now, representing advice from committees of Long Island lawyers, judges, and government leaders, from whom support has been enthusiastic. Existing campus buildings, the report notes, would house the law center for at least the first 10 years. The proposal must be approved by the SUNY Chancellor, where it rests now, by the State Regents and the Governor, and finally by the State Legislature for appropriations. Un der Stony Brook's timetable, the first 100 law students would be enrolled in September 1977, with increases every year thereafter until full capacity is reached for all programs in t984. The first hurdle facing Stony Brook, however, js a request made this year for $300,000 to hire a dean and a librarian and to purchase books. No response has yet been received from Albany. Some faculty have expressed fears as to the impact a Stony Brook law school might have locally on applications from downstate, faculty recruitment, and the placement situation for graduates. Provost Schwartz has, however, doubted a serious impact on the Law School, pointing to "our success" recently in the quality of applicants and faculty recruitment. 2nd Circuit Considers Courses federal practice, news of the requirements has caused concern among third-year students who might be affected by the rules and lum. fore federal courts in the Circuit, Since the rules, once imple- yet have not had the opportunity and the proposed rules indicateits mented, would apply to all future to take some of the stipulated readiness to exercise thatauthoriapplications for admission to courses. ■ in approximately 24% of the Law The Second Circuit Court of ! School's teaching resources being locked into-a mandated curricu- Appeals has authority to prescribe rules foradmission to practice be- ty. Opitiion . SUNYAB Law School SUNYAB,North Campus Buffalo, N.Y. 14260 LETTER.. ntng Committee, to which Provost Schwartz has referred the matter. continued from page 2 3) When is the schedule going to be changed so that the fall semester ends before the Christ- mas holidays? BOOZE Local discussion of the proposed rules has been limited largely to the Long-Rahge Plan- # 1971, this figure had declined to 6.2%? In fact, the power industry paid less federal tax in 1971 than , At least one member of that com: mittee is known to have calculated the manpower requirements of the Second Circuit rules, assuming that virtually all students will take the mandated courses to avoid being foreclosed from federal practice. As one LRPt member put it, "the proposed rules appear, somewhat more, sinister" if one considers the A TICKET FOR THE L.S.A. LIQUOR RAFFLE? (IF NOT, WHY NOT?) in 1961 even though its revenues were more than doubled. Do you One further comment Do know the reasons behind these you know that corporate tax pay- figures? If you do, you probably ments declined from 33.6%. of todidn't learn them in Federal Tax tal federal receipts in 1944 to an _'A or 8.-Why arethese courses estimated 14.6% in 1974?Do you taught in a vacuum? Isn't it jtist as staffingproblem. know that in 1955, 14.7% of the important to learn the effects of "electric power industry's revenue the law, as well as the law itself? Some estimates are that 3 secwent to federal taxes and by GeraldR. Schultz tions of Evidence, 3 sections of Criminal Procedure, and 3 sections of-Professional Responsibility would be required each year to fill the course needs of students, Wad, • invited Data: each HI! CV. section accommodating 100 students. Trial Techniques would D have to be expanded, moreover, Timmi 4_G to about double the size of last Drinks. year's enrollment jit that course, p.m. since Music almost every student would I be expected to take it. Nine facul-' Law Place: Tα ty lines would be required to 'staff Free mandated courses specified in Students be annpuncad the the Second Circuit.rules, resulting — WHAT? YOU HAVEN'T BOUGHT , 50 cents could win you Twenty-five bucks of high-grade brain-rot. Drawing, December 14. Tickets available from married students, or Don Monacelli, 837-6410. "Cherish your visions - ofrealities. SBH Holiday Party Buffet. to J%ts \\ JmL/jJns> . J «» ,' They are the seedlings -James Allen. M Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 Telephone: 854-1846 Life . _Connecticut Mutual • THE BLUE CHIP COMPANY SINCE.IB46 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-12-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/5/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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A detailed description of the program is available from Prof. Norman Rosenberg, Program Coordinator. the School's National Institute of The pilot program announced Mental Health Grantand to result by the Provost for the coming eventually in a special seminar the year will involve interested facfollowing fall. ulty, students, and visitors from Opinion reported last year that law and other fields meeting tothe Law Schoolhad received grant gether, perhaps on Tuesday or money through theNational Insti- Thursday evenings, to examine tute of Mental Health for the de- available literature, methods of velopment of the three- year prog- study, and potential reforms in ram enitiled Training Lawyers as the areas of criminal justice as a continued on page 8 Criminal Justice Specialists. As decity as Project Director of (the Law School's fledgling Criminal Justice Program, has announced the initiation of a pilot program this spring which will entail a series of evening meetings in which faculty and students will informally explore issues and possible research projects in the criminal justice area. The meetings are in tended to develop particular summer projects to be funded by - Foster Calls For Children's Rights Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 December 19,1974 Survey Indicates Course Preferences by Ray Bowie ison with upper class returns. As with upptM class students, first-year respondents showed highest interest in Trial Technique and New York Practice, but indicated comparably high interest in Criminal Procedure and Evidence, both of which were ranked somewhat lower by second and third-year respondents. Also strongly preferred by freshmen were Corporations and Labor Law", with Family Law, Civil Procedure 11, Constitutional Law 11, and Commercial Law trailing a bit further behind- In contrast,Labor Law, Procedure, and Constitutional Law enjoyed considerably less support among upper classmen, and Commercial Law, significantly more. A recently-tabulated course questionnaire circulated in classrooms by the SBA has revealed the academic preferences of a majority of the student body here, represented by the return of a total 413 questionnaires. The questionnaire, consisting of 52 courses and clinics offered during the current academic year, elicited 190 first-year responses (2/3 of the class), 132 second-year responses (approximately '/i of the class), and 91 third-year responses (about '/i of the class). Respondents were asked to designate up to 10 courses that were felt to contribute significantly to each respondent's legal education. Analysis of the returns from Surprisingly high preferences first-year show areas of agreement were given by first-year respondand areas of disparity in compar- ents to Consumer Protection, Social Legislation, and Law and the Po or courses, whereas notably fewer upper class students indicated support in those areas. The Simulated Law Firm and clinics, excepting perhaps the Civil Law Clinic, also drew much stronger interest in first-year. The more ti aditional course areas ran as strongly in first-year as the more innovative or interdisciplinaryareas, unlike thesituation in second and third years, where traditional courses drew considerably greater support than the other areas. In third-year, New York Practice received the highest preference, followed by Trial Technique, while second- year gave Evidence its highest preference, followed by New York Practice, Commercial Law, and Corporations. Criminal Procedure and Labor Law remained strong in both years, though not to the extent shown in the first-year returns. International Law courses, on the other hand, enjoyed considerably less support in upper years than in first-year, this being also true, to an even greater degree, of the public law courses, more innovative or -continued on page 8 by LouiseTarantino School Undertakes Austerity Measures Henry H. Poster, professor of law at New York University, lectured on a "Bill of Rights for Children," Friday, December 6 atO'Brian Hall. Drawing a parallel between children and those formerly of servile status under the law (women and lunatics), Professor Foster outlined a plan which would give children freedom from oppression and by Ray Bowie allow them individual assertion. Professor Foster's fundamental premise, that children be regarded as persons in family and school situations and before the law, is the first aspect of the eight-point Bill of Rights. A focal principle in this regard for the personhood ofchildren is that the welfareof the childis of prtme interest. Among the other points expressed in the Bill of Rights are the child's right to receive parental love and affection; the right to be supported, maintained and educated to the best of parental ability; and the right to receive fair treatment from all in authority. The final points discussed include the child's right to earn and keep his own earnings; the right to be free of legal disabilities or incapacities; the right and freedom to seek and obtain medical care, treatment and counseling; and the right to receive special care, consideration and protection in the administration of law or justice. Professor Foster demonstrated each point in his proposed Bill of Rights with a related case involving children and their various legal and familial difficulties. He discussed foster child care, chitd schizophrenia and battered children, and recommended that independent counsel be secured for children to protect theirinterests. At the end of his lecture, Professor Foster explained the practical application of his doctrine, emphasizing that all points do not apply to all those under 21 years old and that a maturation factor should be taken into consideration. Professor Foster also answered questions relating to his Bill of Rights and children's law in general. Zockh Amid reports from President Ketter that two academic units at the University have depleted their iion- personnel budgets with four months remaining in the current fiscal year, Provost Schwartz has informed the Budget and Program Review Committee that the Law School's own non-personnel lines are "virtually exhausted" and that further austerity measures will be required to keep the School soluntil April Ist. I ventThe threatened deficit, seen in J unavailability the of the special ali locations the University's academic units had anticipated from savings in non-academic sectors, would occur in the Law School's "Other than Personnel Services" (OTPS) account, which includes all of the School's regular budget with the exception of faculty and staff salaries. In previous years, according to Provost Schwartz, the Law School, even though it had received "insufficient initial allocations" in the OTPS budget from 1971 through 1974, has been able to cover anticipated deficits in OTPS with supplemental allocations the University would trans- : Henry H. Foster, )r. Appreciation Expressed I deeply appreciate the warm support given by the faculty, students, various student organizations and the Opinion to Provost Schwartz in his efforts to have my appointment as a professor extended beyond the mandatory retirement age. I hardly need to state that the opportunity to continue serving our school as an active member of the faculty during 1975 76 is. a source of great peisonal satisfaction to me. - Prof. AdolfHamburger fer to academic units from year -end savings in non-academic units, thus covering the deficits. The problem arises this year in that non-academic units are themselves facing deficits and the University reports no savings for supplemental allocations to academic units. While stating that reports that the Law School had exhausted its OTPS budget in October were untrue, the Provost noted that "we are approaching the point at which we will soon exhaust our OTPS accounts unless we take remedial action." He reported to the Budget and Program Review Committee plans to take several austerity measures designed to preserve the remaining OTPS monies through the current fiscal year. As reported to BPRC, the proposed administrative measures would include the sate of all teaching materials produced here at cost, cut backs on faculty travel expenses (except for travel deemed necessary for the Law School or University), limitations on long-distance phone calls placed by faculty, authorization of only those recruiting visits continued on page 8 �December 19,1974 OPINION 2 Foster Interview Our Children, Our Schools, And Our Courts Editorials by Louise Tarantino Good Faith Established Despite the long-standing skepticism of some students that the faculty care little for student opinion on academic policy matters, recent committee operating procedures have established, conclusively it seems to us, the faculty's good faith in soliciting and considering student input into some of the most significant issues to face the School in some time. The Academic Policy and Program Committee has, for instance, actively sought and seriously considered'the results of the recent student course questionnaire in its own attempt to define the School's most essential course needs, this being in addition to its concern that SBA be duly consulted before any implementation of a proposal that third-year students be ranked for general class standing. The faculty, moreover, last month deferred action on a proposal that future faculty appointments be sought in five priority academic areas, so that student input from the course questionnaire might be considered in the decision. Another faculty committee, Long-Range Planning, has established an admirable open policy whereby any concerned student has "been invited to participate in committee deliberations with respect to the Law School's forthcoming Master Plan, while on most other committees, the student representatives have been taken into full confidence and even assigned important committee tasks. On as Important- an issue as the controversial grading system, faculty generally are now willing to let students themselves take the initiative on any changes, a far cry from last year's 0+ fiasco. And in the administration, Assoc. Dean Fleming has proved both accessible to students and cooperative in addressing their concerns. The faculty's serious solicitude for student opinion, coupled with its refreshing willingness to tackle major policy issues this year, adumbrates the possible resolution of some perennial issues in a manner acceptable to the majority of faculty and students here, certainly no mean feat indeed. The fairly recent installation of a walkway from the parking lots to the law school has been helpful, but has also posed a new problem. After rain or snow has fallen, the water (or ice) usually covers part of the walkway,turning it into a* sheet of ice. This dangerous condition must be remedied to avoid any possibility of serious injury to anyone using the path. Dwayne Moore of the Facilities Planning office has promised that "the problem would be looked into to see if there are any ways to solve it," but then added "there are ways but no money." Both ways and means to remerjy the problem must be .found in the near future. This condition should be remedied before a serious injury resulting from its existence dramatizes the need for action. And speaking of action, little of it has been evident on repeated University promises to light the parking lots, a situation whose risk is multiplied by the fact that the newly-paved walkway, icy as it is, is also dark as pitch thanks to the utter lack of lighting. Accident or assault should not be necessary to shake Facilities Planning from its long lethargy. Editor-in-Chief: Ray Bowie Managing Editor: Matthew Leeds Photography Editor: Eric Zaetsch Features Editor: LouiseTarantino ArumfliEditor: Earl Carrell Sports Editor: Dave Geringer Business Manager: Allan Mantel people. * "The child's right to be regarded as a person is basic to the other rights that follow," Foster said, adding that a great deal of difficulty with minors "derives from the refusal to accept them as individuals, with their own needs, interests and desires." Professor Foster has further expounded his theory of children's rights in his book, Bill of Rights for Children, which attempts to spell out the reasons behind child right theory and the need for its implementation today. He has also Compiled materials in a book on Children and the Law the first of its type to be edited on the subject. "Children and the Law is a jurisprudential rather than a legalistic book," according to Foster. Through the writing, he hopes to affect a change in attitudes, both parental attitudes and authoritarian attitudes. "The problem is that adults have no real empathy with a child," Foster remarked. "Parents, teachers and authority figures treat children as Inferiors," he added. Evidence of this treatment of inferiority is abundant in the educational system. Professor Foster disagrees with current compulsory education laws and favors adoption of a system to "provide a meaningful education relevant to today's world and circumstances." • "Unfortunately, the fact remains that the primary function of some schools is a warehousing or custodial one to keep kids off the streets. Many urban schools today are not giving a meaningful education," Foster stated. Professor Foster recommended an evaluational check and balance system for the schools comprised *of non-educators, "outsiders who would be able to contribute healthy scepticism and offer a different perspective to the educational network." He cited the success of such a system in-some law schools where there is increased student participation in the decision-making of the schools. Professor Foster said that "student participation is a • Accident or Assault Volume 15, Number 6 December 19, 1974 Only recently, two of society's subjected groups, women and blacks, have forcefully asserted theirrights and their personhood. A third oppressed group is now making its claim foracceptance and recognition as a viable segment of the population. Children are asking to be adopted into the adult coterie of personhood: they are requesting their moral and legal right to be regarded as people. According to family law specialist Henry H. Foster, professor of law at New York University and author of the recently published Bill of Rights for Children, many of the problems in the adult-child relationship could be more readily resolved if adults would acquiesce to the concept of children as - *'• Staff: leff Chamberlain. Gary Muldoon, Terry Centner Holly Hite, Karen Gorbach ' ■ — > To: The Faculty, Red's Boys And YOU Shortly after finaldeadline last week, a basketball team composed largely of faculty members defeated Red's Boys, a student team currently undefeated in intramural league play. Opinion pleads wjth any and all parties interested in" sports coverage to contact its offices in Room 623 in person or by message posted on the door. Sports Editor David Gerringer, most anxious for aid, can be through the newspaper's unavailable reached The final score was office. atpress time. . .' NYU law professor Henry Foster speaks at semester's last DVF lecture on subject of children's rights. wholesome thing the whole concept of legal education was somewhat stagnant before students brought pressure on faculties." Another positive aspect Professor Foster noted about the changing legal educational system is the -■ increased activity of woman lawyers. "Women trained in the law have a substantial contribution to make and will hopefully affect the legal structure in a consciousness-raising way, giving a more human approach to certain things," Foster said. He also sees women lawyers as a predominating force in the area of family law, bringing more "compassion, tolerance and understanding into the field. Women can perceive its relevancy more," Foster added. Professor Foster emphasized the need for reform in family law systems, especially juvenile courts. "But we run into-people who just won't move, who are opposed to-any change," he noted. "We must show these people that the price being paid for perpetuation of things as they are is too high, show them the benefits of restructuring and rethinking," Foster said. juvenile casej, reserving only the njore difficult for adjudication. He recommended improving upon the professional staffs involved in the juvenile court process and the re-evaluation of the meaningfulness of state institution programs. "The dilemma in the juvenile court system is that, at present, there are no good alternatives," Foster concluded. OIJIIIIOII ■ OPINION is published every two weeks except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law p ees ""P This request for support is pointed towards both faculty and students and is certainly not re- stricted to athletics. Opinion's pleas extend to all materials appropriate for publication in the law school paper, a very broad area, indeed. The staff hopes to receive more active studentand faculty support in terms of information and contributions when it resumes publica- tion next term. We extend to our readership our warmest Season's Greetings. -continued altpage 7 Trenchant Observation Dear Editor, I used to go fishingwhen I was a kid, but It was just for the halibut. . Gary Muldoon �December 19,1974 OPINION 3 End of the Bar SHAKESPEARE II Jeff Chamberlain by "Shake was a dramatist of note He lived by writing things to quote".. H. C. Banner — Shakespeare is the most quoted writer in English. Like a fundamentalist's Bible, he has something to say on almost every subject. Quoting from Shakespeare has long been an easy way for hack writers to convey an illusion of literacy to their readers. What follows is no exception: It is simply a listing of quotations from Shakespeare, associated with headings, the selection of which corresponds to no known scheme. No attempt has been made to correlate the source of the caption with the quotation, but perhaps someone more versed in theintricacies of Shakespearean scholarship may find this compilation useful for documenting more concretely whatever Shakespearean literary theory to which he hassubscribed. « Judgement,Declaratory: Abraham: Do you bite your thumb at us, sir? Sampson: Is thelaw of our side if I say ay? Romeoand Juliet (I i 54) Brandeis, Louis: Glen. I can call spirits from the vasty deep. Hots. Why, so can I, or%o can any man; But will they come when you do call for them? In the corrupted currents of this world Offense's gilded hand may shove by justice, And oft 'tis seen the wicked prize itself Buys out the law... Hamlet (111 iii 56) Placement Office, The: That you dobend your eye on vacancy. Hamlet (111 iv 117) 28 U. S. C. 2294: When shall we three meet again In thunder, lightning, or in rain? Macßeth (I i 1) Franklin, Mitchell: Had I plantation of this isle, my lord I' the commonwealthI would by contraries Execute all things;for no kind of traffic Would I admit; no name of magistrate; Letters should not be known; riches, poverty, And use of service, none; contract, succession .none; . treason, felony, must be Macßeth (IV ii 46) Holmes, Oliver Wendell, Jr.: So to the laws at large I write my name. Love's Labour's Lost (I i 156) Internal Revenue Service: you tax not, youelements. I King Lear [\\\ ii 16) Kennedy, Joan: Holding the eternal spirit, against her will, In the vile prison of afflicted breath. King John {\\\\y/]S) - — ... .. L. Macd. Every one that does so is a traitor, and hanged. Ford, Gerald R.: 'tis a burden Too heavy for a man that hopes for heaven! Henry VIII (111 ii 384) Nixon, Richard M.: A heavy summons lies like lead upon me. Macßeth (LI i 5) Tapes, The: King Richard. Then call them to our presence; face to face, Andfrowningbrow to brow, ourselves will hear The accusor and theaccused freely speak. Richard I {ins) Cert, denied: but dare think, not speak. I Macßeth (V i 87) Mann, W. Howard: Good lord, what madness rules in brainsick men, When for so slight and frivolous a cause Such factious emulationsshall arise? I Henry W (IV Mil) Ervin, Sam: Faith, I have been a truant in the law, And never yet could framemy will to it.. I have perhaps some shallow spirit of judgement; But in these nice sharp quillets of the law, Good faith, I am no wiser than a daw. Sword, pike, knife, gun, or need of any engine, Would I not have. The Tempest (II i 143) Justice, Blind: * Through tatter'd clothes small vices do appear; IHenrylV{\\\ i 53) Robes and furr'd gowns hide all. Plate sin with gold, Hoover, John Edgar: And the strong lance of justice hurtlessbreaks; .the villainshall not 'scape; Arm it in rags, a pygmy's straw does pierce it. The Duke must grant me that. Besides, his picture King Lear (IV vi 153) I will send far and near, thatall the kingdom Cardozo, Benjamin Louis: May have due note of him; He drawelh out the thread of his verbosity finer than King Lear (II i 83) the staple of his argument. Method, The Socratic: Love's Labour's Lost (V f 18) turn me into nothing. Woe upon ye professors! such false Moot: Court, Andall Henry Vill (111 i 114) Speak the speech,.. .trippingly on the tongue. Hamlet (111 ii 1) Pro_ Bono: Office, The Oval: 'tislike the breath of an unfee'd lawyer (I thing lawyers. The first let's all the do, kill Djck. King Lear iv 142) we /Henry VI (II iv,7) Cade. Nay, that I mean to do. Is not this a lamentable Colson, Charles: Public Policy, Unenforceable As Against: thing, If you repay me not on such a day, There cannot be thosenumberless offences that of the skin of an innocent lamb should be made In such a place, such sum or sums as a/c 'Gainst me, that I cannot take peace with Express'd in the condition,let the forfeit parchment? Henry W// (II i 84) equal pound parchment, being nominated for that scribbled should undo a o'er, Be an Men, All t(ie President's: man? Some say Of your fair flesh, to be cut off and,taken They fell together all, as by consent. the bee stings: but I say, 'tis the bee's wax; for I did but In Whatpart of your body pleaseth me. The Tempest'(l iv 142) Merchant of Venice (I iii 146) seal Pig, Male Chauvinist: thing, once arfd was never mine own man since. to a Reis, Robert: I .1 will make 2 Henry VI (IV ii 84) O, what a happy title do I find One of her Women lawyer to me, for SonnetXC (ii) Marshall, John: yet I not understand the case myself. . - . Agnew, SpiroT.: In law, what plea so tainted and corrupt But, being seasoned with a gracious voice, Stay! > Where's your commission, lords? colorful S. Colorful Supreme Court judge. ■ ■ ■■ 111 VWI* I ••• (111 ii 233) , 11.Top'catTnickname. 2S'SdUrf" ' SKSSiSS 30. Aye. 3l!Tir.d. 33.Are.ldilly. 1. Colorful Dksenter 3. Western Kochery, David: What impossible matter will he make easy next? The Tempest (II rrr r ufft rrr Wt ,3 H —U_ ■1 ■ ■ • I Ed. 36 36. Legal possession of a freehold. . j , ..Oi.f.ndorf Anne,~„„,,. 2fi. Promiwory notes. rt ??■?" c°f»"too ;.. "• ' 33. Symbol ' for hth.um. ,n f 34. Kom«n 61. wr |H^ U__e— ■'"I ■H^^^ colorful chief judga. 9. A Cont. 10. Colorful judge, sort of. 14. To any extent. 17. And so forth (,bbr.). 20. Army cop (abbr). i 89) Columnists: How every fool can play upon the word! Merchant of Venice (111 v 46) by Gary Muldoon .Iβ! The B.E.N.'. morning competitor. . C>w/Hr//m>(lliii7B) Henry VIII Obscures the show of evil? Ben Veniste, Richard: Merchant of Venice (111 ii 74) Son. What is a traitor? L. Macd. Why, one that swears and lies. President, The Powers of The: Son. And be all traitors thatdo so? pardon'd and retain the offense? May one be 1. Colorful superseder of Plessy. . ( W \ Answer to puzzle appears on page 6. �December 19,1974 OPINION 4 DVF Closes Semester, BLP Receives Credit, Plans For Spring Reorganizes Structure Buffalo Legislation Project, a student activity initiated in the fall of 1973 to research and draft legislation, has been awarded provisional credit by the Academic Program and Policy Committee for the spring of 1975. Previously, the Project depended upon volunteers for its staffing, though the Law School assisted with facilities and funding, the latter also partially provided through theSBA. Despite the lack of financial or credit remuneration, BLP maintained a staff of volunteers sufficient to handle most requests for legislative drafting received from area legislators last year and this. Plans for Legislation Project to become an accredited student activity similar to Law Review and Moot Court took concrete form this summer, when it was invited to participate in a legislative internship conducted through the office of State Sen. Warren Anderson. Participation in thisprogram was thought to require some formalcredit incentive, a stranger organizational framework, and closer faculty consultation, whichlatter was provided when Professors Kaplan and Lindgren agreed to serve as BLP advisors. A request for credit was then decided to be incorporated into the Project's organizational framework for-BLP, which was revised several times before finally being sent to APPC in November together with the request foraccreditation. As approved by the APPC at its December meeting, Legislation Project members will receive credit for recently- completed projects this spring according to the provisions ofthe organizational structure with respect to awarding of credit. The accreditation was, however, provisional, as APPC is presently reviewing the entire system of special credit and may recommend changes affecting all accredited activities later in the spring. The organizational framework adopted by Legislation Project establishes a selection procedure for members, solicitation procedures for projects from legislators and agencies, a structure for governance, and guidelines for the awarding of credit. Members are to be selected through writing samples, faculty recommendations, and interviews with BLP project directors. The Project will be supervised by a hierarchy of project leaders, editors, and a Manager. The credit structure is to be flexible, though a participant must complete at least two projects or one project plus service as a director to be eligible for any credit. The number of credits to be awarded, ranging from one thTough three, is structure. Through the summer and into the fall, Project determined by the directors and faculty advisors on Ben and Pam Helman the basis of the quality of the work, complexity of Rosa, Idziak, Directors Jan collaborated on several drafts of an organizational the project, and the timerequired for the project. Local NYCLU May Close Because of financial reasons, the Northern Division of the New York Civil Liberties Union may be forced to curtail many of its activities. The NYCLU is supported by private donations, which, in recent times, have decreased due to the nation's economy. At the November 8 9 meeting of the Union's Board of Representatives the budget of the Northern Divisi on (upstate New York) was expenditures for the Northern Division rent, mailing costs, secre- — tarial and staff salaries. "The overwhelming feeling of the Board was that projects such as the Mental Health Law Project and the Children's Health Project are more useful," said U.B. Law professor Herman Schwartz. The Union's Executive Director, Killian Vetter, said that, in effect, the Union "will be forced sharply cut. to go out of business or work on a The Board eliminated office temporary basis. Even if we were — . In the past year the Niagara Frontier Chapter of the NYCLU has worked to organize and co-sponsor the Human Needs Center, the New York Peace Center, and a revenue-sharing suit. According to Vetter, "crucial to our survival now is the financial backing of the people." HavingProblems in Torts? Real Property? CPI R? Contracts? Evidence? PENAL LAW PARTNERSHIP - AGENCY ADMINISTRATIVE LAW CORPORATIONS ' assisted thousands of New York Attorneys and Candidates for the New York Bar, and deal exclusively with principles and cases in New York Law. , The Law School Book Store has the following MBRC books available: CONFLICTS OF LAW BANKRUPTCY DOMESTIC RELATIONS EQUITY SURETYSHIP CONTRACTS TORTS REAL PROPERTY INSURANCE __BAILMgjTS Fellers, NYSBA President ney Herald Price Fahringer, labor lawyer David Scribner, City Court JudgeDenman, and family law expert Henry Foster. More political in orientation, yet providing balance to one another, were former OEO Director Howard Phillips and National Lawyers Guild Attorney Robert Cantor. Next semester, DVF has some hope of.booking Sen. James L. Buckley, Rep. Elizabeth Holtzman, ABA President James students, who wish to suggest guest lecturers for the spring to contact the directors through the SBA office so that funds can be encumbered and arrangements made. Funds for speaker programs have, by longstanding SBA decision, been vested exclusively in DVF. The faculty Mitchell Lecture Committee also allocated $500 to DVF earlier this year to fund speakers on a matching fund basis. Whitney North Seymour, and forappearance here last week of Pro- mer Attorney General Ramsey Clark for spring lectures. The Distinguished fessor Henry Foster, Visitors Forum, the SgA commit- DVF directors next spring will be tee responsible for the. speakers' Bowie, Silber, and Joel Greifinger, who was appointed recently by program is, with SBA as the third director. Director Ray "DVF's fall speaker schedule the quality of the fall program, optimistic as to the spring pro- was perhaps our most successful gram, and yet concerned over stu- to date in terms of quality and dident disinterest in guest lecturers. versity," surmised Bowie, who Distinguished Visitors Forum, added that "the claim might well managed this semester by Bowie pass to the spring schedule if it and Sue Silber, strove for a pro- shapes up according to our. gram which was balanced, com- hopes." He cautioned however, prehensive in its scope of that any prospect for a successful coverage, and professionally lecture program here was being oriented. Speakers, some of which jeopardized by "poor student were arranged with the assistance attendances. "The success of the of Phi Alpha Delta Legal program is a function of the Fraternity, included prominent degree to which students participrofessionals such as Court of Ap- pate in it." peals Chief judge Breitel, former Chief Judge Desmond, State SenDVF has invited any student ator John Dunne, defense attororganizations, or even individual able to maintain the organization on a volunteer basis there would be a decisive cutback in the num-' ber of cases we coutd handle." MBRC Review Books The Marino Bar Review Course, Inc. is now offering its up to date review books on an individual basis at the Law School Book Store. These books have been of immeasurable assistance to students reviewing specific subjects and preparing for school examinations. They have Having closed out its fall semester lecture series with the EVIDENCE ESTATES; POWERS; TRUSTS MORTGAGES SECUREDTRANSACTIONS CPLR Turn of the Screw by lan DeWaal year are now available in 303 O'Brian and in 312 Stockton-Kimball Tower on the main -campus. Please note that one form must be returned to the College Scholarship Service by February 1,1975and "Form UB" must be returned to the Financial Aid Office no later than March I, 1975. Please don't forget about the first deadline during intersession. It is important to remember that even if you are not sure you will need assistance for next year, it is advisable to file an application nevertheless. Late applications rarely receive any consideration. Also, if any additional monies become available through the law school endowment, recourse will be had to the Financial Aid applications to weigh comparative need. Financial Aid applications for the 1975-1976 school Because of the increase in credithours for New York Practice and the fact that Trial Technique carries four credit hours, a new regulation has been adopted concerning upper class courses and requirements. This new regulation supercedes the previous regulation that an upper class student was required to take no less than four courses in a full-time program. The new regulation reads: "The school requires that all students must take a total of 54 credit hours after the completion of their first yearprogram. Summer session, Law Reviewand Moot Court credits can be applied against the total of 54, and thus to reduce semester course loads; however: A full-timestudent (three year program) may not carry less than 12 hours per semester, excluding credit for Law Review and Moot Court. 2. A part-time student (four-year program) may not carry less than 9 hours of course work per semester,excluding credit for Law Review and Moot Court." This new regulation supersedes the Student Handbook in this 1. matter. _ Have a nice vacation! Law Review Readied The first of three issues of the Buffalo Law Review will be available for distribution at the beginning of the second semester. Please check the Opinion for exact dates and times that issues can be picked up. Subscriptions are still available for students at $7.00 for three issues; without subscriptions, the cost is $2.50 per issue. Students interested in subscribing to the Review are urged to sign up at the Buffalo Law Review, Room 605, between 9 AM and 5 PM. , �December 19,1974 OPINION 5 The Kobold Who Stole Christmas by Terence (.Centner Upperclass Courses & Requirements Recent Changes in the curriculum require revision of the regulations as they presently appear in the Student Handbook. (1) Present Rules: The school requires that 54 credit-hours be undertaken in the second and third years of the three-year program. explained? It must be remembered thatKobolds are This translates into two five-course and two four-course semesters. clever creatures. They know where they can score Credit for Law Review or Moot Court can be applied against the total the most points. By influencing those on the third of 54, and also thus to reduce five-course loads to four; and summer floor, our Kobold is able to affect the lives of every school credits likwise serve both purposes. An explicit regulation, Buffalo law student (and their spouses)! Just look however, provides that "a full-time student may not carry less than back over the past one and one-half years during four courses per semester." As interpreted, Law Review, Moot Court which the law school has been in Amherst, and you and Summer Session credits may not be used to meet this requirement. can appreciate how effective this Kobold has been. (2) Reasons For Change: The foregoing was premised on the Making students prepare for exams during the assignment of three credits to all upper class courses. Now Trial approaching holiday season is only a small part of Technique carries four credits and New York Practice carries five. The the suffering which has resulted from his influence. extra three credits are equivalent to another course. What can be done to rid O'Brian Hall of this evil (3) New Regulation: The school requires that all students must Kobold? It is difficult to know what to do, but there take a total of 54 credit hours after the completion of their first year Somewhere lurking in the stale air of O'Brian Hall is a mean little Kobold who has successfully stolen the joy of the Christmas and Chanukka Holiday seasons from all those unfortunate enough to be law students in Buffalo. Through his knavish schemes he has again managed to make as miserable as possible all law students during the forthcoming holiday season by having our exams in January. This Kobold hates to see people enjoy themselves; he is so mean that he will do- anything within his limited capacities to prevent people from enjoying themselves or from givingpleasure to others. are a number of solutions which have been suggested. One would be to move O'Brian Hall out You may wonder how thislittle elf-like creature of the swamp: if they can move the London Bridge way building his into a new found such as O'Brian into a desert, they can move O'Brian Hall out of a Hall. Well, it must be remembered that much of swamp. Another would be to move Lake LaSalle Amherst used to be a swamp. Prior to the erection of closer to the law school, make it more swampy (it this campus, the very spot upon which this building will probably become a swamp within a few years sets was a nice dark, sylvanned swamp, an ideal anyway), plant lots of trees (landscaping Is good at abode for our little Kobold. When the dozers and thick plantings!), and cut a hose in the side of earth moving equipment came to the area, they O'Brian Hall (or have the wind blow out another completely destroyed everything he had, his food, window) to allow the Kobold to exit. However, his home, and his peace and quiet. He therefore administratively (and you know how administrators placed a curse on O'Brian Hall, "whoever shall enter think and who makes the decisions around here), the shall be miserableeverafter." To this date, his curse best solution financially (and you know how presently dominate University decision has never been broken; one only has tolook around at all the unhappy law students to see its effects. making) would be to hire the cement lining company How does this Kobold survive in such a sterile which so effectively solved Midland Empire's building? It must be recalled that O'Brian Hall was problems. In this manner it wouldbe possible to seal constructed with a faulty basement. The cement off the basement and prevent the life-sustaining lining is constantly leaking, allowing life-sustaining waters and minerals from entering the building and, waters and minerals to enter the building to be at the same time, make the basement useable as a consumed by the Kobold (One wouldwish hecould Rathskeller. This would thereby starve the Kobold consume all of these waters to prevent the basement into submission. The big financial payoff comes from flooding). Therefore, despite the present when the University then takes an expense absence of a swamp (unless you consider the deduction for the cost of the lining (remember northeast corner of the basement a swamp), the Midland Empire?). Of course Idaho Power, 94 S.Ct. Kobold lives on. 2757 (June 1974), requires that the cost of the lining Where does the Kobold stay? It is not known be capitalized. However, this is unimportant for sure where the Kobold stays during the day when considering the realities of the situation; what judge so many rowdy students indifferently invade his would want to screw a law school? domain. However, there is definite evidence that he In any case it is hoped that somehow the evil spends considerable time in the northern part of curse of this Kobold will be broken. Who wants to floor three. How else can theactions of those people spend an entire lifetime as a suffering, overworked, who work and use the offices of this floor be underpaid lawyer?! Placement Statistics On Class of 1974 Number of Graduates: Number Employed: 178 Private Firms 109 J: Number Unemployed: Employment Status Unknown: 21 48 Of the 130 people we have been able to contact, 109 have - positions 83.8% . <■ eBal Aid Schooling Judicial Clerkships Government: * OtherStates: Massachusetts Illinois Texas. 87 65 .11 11 3 ' --V 7 5 9 1 DA/County Attorney Federal Governmentd State Government County Governmentd gc v A o^er Of the 130 people we have been able to contact, 109 have positions -83.8%. New York State: Buffalo Western New York New York City area New York State residual 55 9 11 4 3 Corporations & Banks ' ' ' District of Columbia Pennsylvania New Hampshire Alaska Florida Hawaii Rhode Island Colorado Louisiana California Analysis of Survey Results, p.B. '.'.'.'.'.'.'.'.'.'.'.'.'. 2 3 6 1 ~1 1 1 1 >..l1 .1 •-3 program. Summer session, Law Review and Moot Courtcredits can be applied against the total of 54, and thus to reduce semester course loads; however: 1. A full-time student (three-year program) may not carry less than 12 hours of course work per semester, excluding credit forLaw Review and Moot Court. 2. A part-time student (four-year program) may not carry less than 9 hours of course work per semester, excluding credit for Law Review and Moot Court Rescheduling Examinations J. Re-Scheduling Examinations Prior to the Start of the Examination Period. I.' A student may request the Registrar to change an examination date to a different time during the examination period if he or shehas: a) two examinationsscheduled for one day; b) three or more examinations on consecutive days; c) fourexaminations or more in one week. 2. Students must present requests for re-scheduling examinations to the Registrar prior to the beginning of the examination period. The Registrar will consult with the instructor in the course(s) in question before re-scheduling the examination(s). lI.Re-SchedulingExaminations During the Examination Period. 1. Students are required to take examinations either on the regularly scheduled day during the examination period, or on the day set for an examination which has been rescheduled under the provisions of Part D, above. 2. Failure to take an examination on the regularly scheduled day, or on the day set for a re-scheduled examination constitutes failure to complete the work in the course in question, and the student will receive the grade of F for the course unless the student: a)was ill on the examination day, or on the day immediately preceding the examination and presents a physician's certificate confirming theillness; or b) was reg v ired to fulfill a military obligation on the examination day, or on the day immediately preceding the examination, and presents a written confirmation of this service fromhis or her commanding officer; or c) experienced a bona-fide family emergency (such- as death or severe illness of a close relative) on the examination day or immediately prior to the examination day, and presents written confirmationof thisevent from some reliable person. Job Search by Computer The Law Student Division of the American Bar Association has introduced a computerized job-search system to help ease the employment burden for both studentsand employers. Named JURISCAN, the system uses coded information supplied by the law student and the prospective employer to make a "match." The program is open only to Law Student Division members attending ABA-approved schools. There is a $5 fee for students; employersreceive the service free. Students are matched with potential employers based on such descriptive attributes as "law school courses taken" and "additional skills and experience," rather than on the more arbitrary traditional ■ standards like "class standing" or "law school attended." The program is expected to become operational in January when the participating students' names,' qualifications and employment preferences will be computerized along with specifications of participating employers. ', Students will be sent the close matches among the employers, if any, as openings are listed in the system. The student's name will., remain in the computer until he, or she, has received approximately five employer matches, or until late Aprit, whicheveris sooner. <ominued on page 8 �December 19,1974 OPINION 6 Opinion Sports Games Under Bubble? Hall from 9-11 p.m. on Thursday nights for makeup games if temporary shift in intra- the bubble isn't up next semesA mural basketball sites next ter," Montour added. The bubble semester will affect the Thursday was slated for completion by night 7 p.m. law school basketball January 12. league. Sweet Home High School 'has reserved their small gym, nor- Forfeit mars action mally the site of one league game Last Thursday night saw the weekly, for-a school function. As law school'league's first forfeit, an a consequence, one game each event that was supposed to have week (on January 30 and. Feb- been eliminated this year by reruary 6 and 13) will be moved quiring each team to pay a fee, which would be lost if the team elsewhere. forfeit. The Flyers were awarded "They (Sweet Home) have a their first victory of the season school activity which is pre when the Dribblers failed to suit -empting us for three weeks next up 'the required five men. "If they semester," reported intramural paid a fee, they'll lose it," said assistant Gary Montour. "The intramurals director Bill games which were scheduled for Monkarsh. "We'll keep them in their small gym will have to be the league for now, but if they do moved. They'll play them in the it again, they're out. We'll just (Amherst Campus) bubble, if its play with five teams and have a completed, or in Clark Hall if not. bye every week/ Monkarsh I was promised the use of Clark added. by Dave Geringer , PAD Reports Expansions The CarlosC. Alden Chapter of rams entailing attitudinal modifiPhi Alpha Delta Legal Fraternity, cation of participants. founded here in 1969 but moriPAD also arranged, in cooperabund for the last several years, has tion with Distinguished Visitors theis sevester attained a measure Forum, for guest lecturers deliverof organizational stability that its ed by Chief Judge Charles D. officers hope to build upon next Breitel of the State Court of sevester, according to a report be- Appeals and former Chief Judge ing prepared on the Chapter's Charles S. Desmond on the subject of judicial selection, in which activities. The Alden Chapter of PAD, the two jurists argued different the nation's largest legal frater- sides of the question. nity, generated much interest Despite these activities, PAD when it was formed by about officers express concern as to the twenty active members five years diminishedinterest of some of the ago, but poor leadership and associate members the Chapter engeneral student apathy, as cited rolled this fall. Present associates by current members, were respon- will, they report, soon be asked to sible for the Chapterbecoming in- become dues-paying members, so active last year. Only five mem- that a spring pledge drive can be bers, were responsible for the conducted for new associates. The Chapter becoming inactive last Chapter's spring plans, including year. Only five membersremained the possibility of a legal research after last spring, when all the bureau at the Law School, will depend on a largermembership. officers graduated. PAD's local renaissance became top priority for its fledgling officers who, over the summer, planned an ambitious orientation program this fall, including pledge drives and orientation activities directed primarily at the entering class, which the Chapter saw as potential new blood for the ailing organization. PAD undertook the compilation and publishing of a handbook of faculty biographies distributed at orientation. At the same time, the Chapter officersresolved upon a reorientation of the organization's image. As the national PAD was dedicated to the ideals of professionalism and service, Alden Chapter, it was decided, would strive to become a lobbying force for professional excellence within the Law '' School, encouraging a strong professional program and student involvement in professional activities. The Chapter has passed resolutions this fall supporting a waiver of Prof. Homburger's retirement, endorsing the allocation of SBA funds to the publication of a student research journal, and questioning academic prog- . ' Wrestling Bulls Pace UB Winter Sports by Dave Geringer The wrestling Bulls have quietly emerged with the top record among Buffalo's three major winter sports teams, while the basketball Bulls had some success and the hockey Bulls none recently. The wrestling Bulls ripped through three opponents to stay undefeated, the basketball squad upset Long Island University on the road before losing at home to Niagara and the hockey Bulls lost games at Oswego, Ohio State (2) and at home against Colgate, dropping theiroverall mark to 4 8. - — The Buffalo wrestlers, who wound up their fall semester schedule last Thursday night against powerful Lock Haven,ripped Colgate (38 6), Bowling Green (28 10) and Western Ontario (34 13) in posting their 3-0 record. Bruce Hadsell at 158 lbs. and senior star Jim Young at 134 paced'the Bulls with three victories each, while heavyweight Charlie Wright was beaten for the first time in 22 matches by Western Ontario's Elvin Simpson. - - Dr. Jekyll and Mr. Hyde? The basketball Bulls, 1 3, downed LIU, 75 72 after dropping the opener of the two. -game road trip at Fairleigh Dickinson, 81 57. Buffalo's glitter was somewhat tarnished when they returned home to drop a 77 58 decision to Niagara, shooting only 26 per cent from the field. The Bulls faced Brockport last Wednesday and Albany last Saturday before winding up their first term action this Saturday at Virginia Commonwealth. The Bu4tewere hurt by the loss of Otis Home for the first semester (ineligibility), but were bolstered by the fine play of freshman center Sam Pellom. - our poise, so we were able to come from behind," Richardson added. Hockey Bulls falter The hockey Bulls' collapse in the third period against Oswego (six goals by the Lakers en route - — "We think he (Pellom) has gotten better, and will continue to improve," said head coach Leo Richardson. "However, we didn't get good games out of (Mike) (ones and (Bob) Dickinson against Niagara. We've got to have our starting five playing well and get help off the bench. We didn't run against LIU, and we held our turnovers to a minimum. We controlledthe ballgame and never lost 8-2 victory) was followed {4 1 and 4 defeat at 7 home by Colgate. The Bulls, who lost star defense man Mark Sylvester for up to six weeks with ; a knee injury at Ohio State, attempted to halt their slide with a pair of home contests against Ithaca last weekend. "We forechecked very well against Colgate," observed Bull coach Ed Wright. "If they didn't have outstanding goaltending (by freshman Kevin Barry), and we had a few more breads, the game niight have been different." While Garry stymied Buffalo, Bull netminder John Moore had a poor night, yielding six goals in two periods before being relieved by Don Maracle. Buffalo outshot the Raiders 49 37, but once again failed in their quest to beat a Division I team. to-an - - by losses at Ohio State - 3) and an 8 . - Basketball Standings STANDINGS Red's Boys Schlegel's Bagels Dribblers Cosmic Demons Barristers Flyers RESULTS L W 4 3 2 1 0 1 2 3 3 3 1 1 SBA Actions Personnel changes have characterized the composition of the Student Bar Association the last month, the most significant being the appointment of Ed Zagajeski, formerly a third-year director, as acting treasurer in the aftermath of Sara /uremia's resignation from the treasurership. Rod Klafehn was recently appointed to the third-year directorship vacated by Mr. Zagajeski's succession to the treasureship, while Denis Kitchen was chosen to assume the second-year directorship resigned by Steve Kaplan. The SBA has, in the last few meetings, approved constitutions for the Christian Law Students, Jewish Law Students Association, and Women's Prison Project. The directors also voted to request that the Law School reschedule the spring vacation period so that it might accommodate Easter and Passover. Last week, the SBA agreed, though many directors expressed - Answer to Puzzle: a sense of futility, to urge the faculty to revert to an "early start/early stop" calendar for the—fall semester, whereby exams would be completed before winter vacation. An SBA delegation will seek faculty reaction. After some student complaint as to the dearth of SB A-sponsored social functions this semester, SBA officers report receiving favorable feedback on last week's Holiday Party held at Fanny's. The party, which cost about $1100, was cited for the abundance, of food and liquor as compared to previous years. Funded by the SBA and prepared by President Don Lohr, the long-awaited placement brochure was received from the printer last weekand will shortly be mailed to law firms and public agencies in an effort to better acquaint them with the Law School and Its programs, thereby facilitating placement of graduates. Red's Boys 44, Cosmic Demons 30 Schlegel's Bagels 52, Barristers 31 Flyers defeated Dribblers by forfeit. • , ™™ �December 19,1974 7 OPINION \ It came upon a midnight clear... ■AnSB #' '■'■' flw >.■:' ,,, ('■■■ ■'/'; w>:w'ji'lj2SMWliSiJS^^Bk';^,:!>^i-». ' '.'■"''■V,-'"',*. ''■' , ,-- ■ HB9w|Bi''"i•'■■ j ,'?■*-'i'C '''^H^Bfc?''*'■ 'uSflm-'1"'- '• "- '' -'■ ■ ? ■ •' ■ •'''• ■■■"■ .** '.--*.-■' .'•*>*■ .^t^^jfcSSSS*W"?"S*^^"^'fV u^*",T-'' ; ; V '"'-^v''"'^i'"i''■ ■^.■I *' BBBb'^*T/'.'-''&W''-^^'i''' /"" 'X ..' . "' '" ■■■ , "■■ -'' ■ : "-'"■■ ',■■ I , '- ■ ': " 1,3H .. ■■•■■.'.■" 1 , ■ '!■*■-■■ r' ■•vv'». : '•'.■"'•■■'■* •Jti'-''Kc'-'fy''ii^'^i\'- '■ 11'/-'>% - i>'.'/,' '* ' ■■■■ ■ ' '■*-'^W^MJJ^^BH ■. .■''TTHB ' * '"' ■''*■ " ■'"*?? ■>-w!3Nf^'«l ■ r*T''JSF''5?S Merry Christmas, Happy Chanukah, & Joyous NewYear FromttieStaffsof ■ £ ■ ...-.■■■• '■ ■ 001111011 r . & University Press • *. jj,,^ �December 19,1974 OPINION 8 Criminal Justice Program Survey Preferences ticipants further develop or * Public Law courses, social legislation, and consumer courses research. and the up a process, their SLF's. write continued from page 1 system and continued from page 1 interdisciplinary areas, to this latter the clinics, Of the trends observable from thereturns, it would seem that: interest in more * First-year traditional courses is generally on a par with secondand third years, particularly with respect to the "technique" or "practice" tended as an open invitation to all courses. interested persons to discuss such issues informally, no credit would * Corporate law and commerbe awarded for .participation. cial law areas are strong in all years, but more so in the upper However, the meetings will result classes. in the definition of summer projconnected with accredited ects an * Criminal procedure and eviseminar next fall, which will prodence are likewise demanded in all" three years, but Criminal Procevide opportunity for project pardure moreso perhaps in first-year and Evidence surprisingly the strongest preference in second -year. -continued from page 5 The employer will receive a list of approximately 15 optimum * Labor Law draws greatest inemployee matches with their names, addressesand credentials. If these terest in first-year, slightly less in are not what the employer wants, he can request another list, also free. second and third years. has Full program details, including a form for interested employers, * International Law freshmen will be published in the January issue of the AmericanBar Association sizable support among upper but ranks weak among Journal. classmen. The nation's law schools are jammed with a record high 106,000 Property courses increase in students, representing one student for every three practicing lawyers. first The National Conference of Bar Examiners says 30,879 persons support progressively from through third-year. were admitted to the bar last year,also a record high. "Balance this against a U.S. Department of Labor estimate that * Tax courses have solid suponly 16,500 legal jobs will be available each year until 1980 and you port in all years. can see how critical the employment situation is for the graduatinglaw in OTPS, the School's OTPS student," Erdman said. account has, nonetheless,been inAdditional information can be obtained by contacting David W. creased by only 4% while student Erdman, Law Student Division, American Bar Association, 1155 E. enrollments increased by 46% and 60th St., Chicago, 111- 60637. the faculty by4o% over the last four years. "This policy," concluded the Provost, "was bound to produce the present state of insure solvency until April Ist, affairs." continued from page J Provost Schwartz has asked the deemed essential for faculty Provost Schwartz questioned appointments, utilization of inter- "how long beyond April Ist we Budget and Program Review Combudest from endowment funds as can continue to ope/ate as a mittee to prepare a proposed feasible and permissible for OTPS first-rate law school without get for the coming fiscal year would reflect the Univerto needs, and the "roll over" of some better OTPS support" from the which bills into the next fiscal year to University. While the Law School sity Administration the Law disencumber funds for current has warned the University's Aca- School's need for more realistic demic Affairs Vice Presidents re- initial OTPS allocations to cover bills. Beyond measures designed to peatedly of the impending deficits the entire fiscal year including exploration of criminal police, pre-arraignment, litigation, the judge's role, jury studies, sentencing, corrections, and alternatives to prison. As the series of meetings is in- behavior, In May, according to Provost Schwartz, the program coordinators will formally invite proposals for summer projects to be carried out by students in cooperation with Law and Social Science faculty. He expects the proposals to be varied in nature and drawn most likely from the informal meetings this spring. Students interested in summer projects are advised to enroll this spring in Criminal Procedure and for Constitutional Law, as well as to participate in the meetings. JobSearch by Computer Austerity Measures - - * 1st Year Participation Restricted In Criminal Justice Program By Karen Gorbach and Holly Hite context of a seminar to be offered they may be able to remain foracademic credit" next fall. involved in a planningcapacity. Rosenberg also offered Freshmen anxious to get in on Students inquiring about the the ground floor of the contro- program have learned from freshman students a "good faith promise" to attempt to versial Criminal Justice Specialist project planners that if they are Program have been told that they not allowed to continue in the incorporate them into the will not be able to enter the three-year project for credit this year and that the starting date for the program has been moved back to next September, when it will be directed toward next year's entering class. According to Program Norman National Institute of Mental Health funding was arranged last July with a projected implementation this year, a continuation of the program has been granted to allow for further development. The total NIMH grants are expected to be about $250,000. Rosenberg also said that interested freshmen might be able to enter a pilot project involving no-credit seminars this Spring. Further, he said that about ten research proposals will be accepted and funded over the summer. According to an announcement released last week by Provost Richard Schwartz, these summer projects may be developed in "the Coordinator Rosenberg, Prof. although program after their summer work, program. Placement Surveys Class of 1974 The results of a recent survey by the Law School Placement Office of the 178 members of the graduating class of 1974 indicates that 83.8% of the 130 graduates now contacted have found jobs in the legal profession. The Class of 1974 numbered a total of 178 graduates. At the present time, 130 of these have been located by the Placement Office, which,has learned that 109 presently are employed in law jobs while still seeking legal positions. Another 48 graduates are 21 unreachable due to incorrectaddresses or non-reply. Of the 109 already employed, 55 are employed in private law firms while others are employed in government law positions, legal aid offices, corporations and banks. Three graduates are serving as judicial clerks in New York City, Denverand Buffalo. Members of the Class of 1974 are working principally in New York State, but are located also in twelve other states from Hawaii to Massachusetts and in the District of Columbia. The Placement Office is still seeking information about 48 members of the Class of 1974 whose employment status is unknown due to the fact that current addresses are not available for them. A list of these graduates has been distributed to the student body, and the Placement Office will appreciate receiving pertinent information about them. #c are quite strong in first-year, but much weaker in the other years. * The Civil Law Clinic drew little support fromany year, while both the SLF's and the Criminal Law Clinic were strong in first -year but weaker in second and . third-years. * Innovative and interdisciplinary courses drew some support in first-year but likewise were weak in upper classes. The results of the questionnaire were presented to the Academic Program and Policy Committee two weeksago to assist the Committee in its taskof defining the School's essential course needs. The matter is presently also under discussion by the faculty, who deferred action on it at the November meeting to allow time for the student questionnaire. Survey Results . First year Second year Results Results 51 34 64 Antitrust Law Arbitration Corporations 69 Labor Law Collective Bargaining 73 43 21 38 47 18 11 Social Legislation Corporate Reorganization Corporate Taxation Commercial Transactions 1*11 Copyright & Patent Law Creditors & Debtors Rights Consumer Portection 49 Products Liability 23 Remedies 14 Trade Regulationn Advertising 21 Regulation of Criminal Procedure 102 63 Criminal Law Clinic 42 luvenile Courts Law 35 Introduction to International Protection of International Human Rights 30 40 Administrative Law Evidence .92 Conflict ofLaws 34 Civil Procedure II 58 54 Constitutional' Law II Trial Technique 105 Legal Process 12 New York Practice 100 12 Process Judicial 5 Administrative Discretion 24 Appellate Practice 28 Federal Taxatiorri I Government & Land 19 8 Federal Jurisdiction Estate Planning 39 14 Gratuitous Transfers 32 Land Transactions 29 Fundamentalsof Municipal Law 4 Future Interest 54 Law and the'Poor Family Law 55 Civil Law Clinic (School & 26 Family Law Clinic) 19 Problems in Low Income Housing Problems in Child Custody 23 Data Banks & Privacy 28 28 Law & Public Education Philosophy ofLaw 32 14 English Law Background American Legal History 21 66 Simulated Law Firm . - • ef — V ~~~*j Third year Results !2 * » 27 90 58 24 II 13 84 15 28 '"9 8 12 9 11 .70 17 ' 12 13 20 7 8 6 40 6 28 26 41 31 67 6 93 4 15 55 1 72 3 99 35 21 10 8 44 15 20 32 49 36 12 19 42 44 10 21 10 55 19 9 30 12 10 7 18 7 2 3 14 3 • "Cherish your visions They are the seedlings realities." ■°' —James Allen. ' Greg Fabianski 360 DelawareAvenue Buffalo, New York 14202 Telephone: 854-1846 Connecticut Mutual Life • THC eLUC CHIP COMPANY SINCE 1846 12 8 6 3 . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-12-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/19/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/764486d90ad00b9938f0c37e182ef706.pdf 21f4f942dcb3e1db0d06bddf4522bb1e PDF Text Text Non-profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume IS, Number 7 State University of New York at Buffalo School of Law Plans for "Early" Calendar Drawn by Ray Bowie Two options for scheduling the 1975-76 school year, including one which provides for fall exams before Christmas, are reportedly under study by the Registrar's Office. The two options, prepared by Registrar Charles Wallin, are being drafted for presentation to the Budget and Program Review Committeeand the SBA. The first option provides basically for the status quo, with exams after the winter break and spring vacation coming within threeweeks of the start of the spring 1976 semester. The second system, however, incorporates the provisions of an early start/early stop calendar long advocated by many law students. Mr. Wallin believes that the Law School could operate under either option. The early stop/early start calendar stipulates that classes begin right after Labor Day [Sept. 1] on Sept. 2, that Columbus Day and Veterans Day be eliminated as holidays, that classes end three days before exams in December, and that exams themselves conclude by December 23. The spring semester, accordingly, would begin January 12 with the rest of the University, breaking for spring vacation on March 6. Mr. Wallin notes that the advantage of the early start/early stop stop proposal would be its provision for exams before Christmas, while avoiding the necessity of beginning classes in August. Its disadvantages lie in the fact that only three days would be available as a "study break" before exams start and that exams might have to be scheduled on two Saturdays. He invited student reaction to the comparative advantages and disadvantages through the SBA and asked thatstudents direct their comments to SBA. In a referendum conducted two years ago, students generally favored exams before Christmas, but it is unknown how they might react to other provisions of the proposed calendar. The fall semester, stated Mr. Wallin, cannot be started earlier in August due to faculty commitmentsand student employment in that month, and hence the brevity of the study break in the proposal is inescapable. Mr. Wallin also reported that 128 students had petitioned for a change in this spring's vacation to encompass Easter and Passover, but thatit was too late for the University to modify the calendarthis year. Next year, spring vacation will encompassboth holidays. Mr. Wallin's primary concern in drafting an early start/early stop option for the fall is the increasing difficulty the Law School is experiencing in meeting the deadlines imposed by the University Admissionsand Records Department for adding and dropping courses in the spring. Since the Law School is generally two weeksbehind the rest of the University in beginning its spring semester late in January, deadlines affording plenty of time for other departments to meet often give short notice to law students just returning to school. The calendar option would, then, bring the Law School into conformity with the rest of the University. Both options will remain under study until BPRC and SBA input is obtained. « Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 February 6,1975 Placement Job Filled: Controversy Looms In an action undertaken in the midst of fall semester examinations, Provost Schwartz has, upon recommendation of an alumni search committee, named 1974 graduate William Flynn to the newly-created post of Assistant Dean for placement and alumni relations. Shortly after the Provost's action became known, students on the placement committee, which was to have been consulted on the search, protested to SBA that students had been afforded no opportunity to participate and that the appointment failed to meet the job qualifications. Provost Schwartz has reportedly conceded the exclusion of the students but defended his quick action as necessary to avoid the impending hiring freeze.He has also defended the appointment, noting that the alumni were "very enthusiastic about Flynn." Provost Schwartz admitted or, the duties of which involve developing placement contacts with that "the search was rushed due firms, corporations, and government agencies in and beyond Western New York. An outside placement director has been repeatedly promised students for over a year, but efforts to obtain an administrative line for the purpose proved unavailing until late in the fall, when a PR-3 line, bearing an $18,000 salary, was acquired by the Law School. Advertisements were placed in various legal journals,and a search mechanism- was established to review applicants, the student placement committee being insured of a role in the process. According to what several placement committee members reported to SBA, there were 38 applicants for the position,all of whom were refected by the alumni search panel. Mr. Flynn, it is understood, was recruited subsequently in an informal second search. At no point, The post to which Flynn has they asserted, were students been appointed includes the func- allowed to participate in this pro tion of outside placement direct- ccdurc. to the hiring freeze" but claimed that efforts had been made to contact placement committee students when interviews were be- ing conducted and that the students contacted were unavailable to attend due to exams. He stated that an alumni panel consisting of Judge Rudolf Johnson, Judge M. Dolores Denman, Robert Koren and Harold Brand had screened candidates and recommended Mr. Flynn for the post. The appointment, he added, had been approved by the University's affirmative action panel and has been sent to Albany for final authorization. The Provost declined to make Mr. Flynn's resume available or to release the job description written for the Assistant Deanship post, preferring to withhold them until the appointment is finalized. Mr. Flynn graduated U.B. Law School last year, having served as a Law Review editor in his senior year. - Entering Class Reduced by Ray Bowie At its first meeting of the new year, held during final exams, the faculty agreed to accept the recommendation of its Admissions Committee to reduce the size of the entering class each year from 300 to 265 or 270, thereby insuring a student body no larger than 800 students. The original projection that a student body of 800 could be obtained by admitting 300 each year was, the Committee reported, premised upon the fallacious .is- sumption that attrition would average about 15% in each class. Experience with recent classes has, however, indicated that attrition actually is no more than 5% of each class. With the entering class of 1973, a total 322 were admitted into the first year, while the following year, only 300 were accepted as the entering class of 1974. Even with that reduction, however, the Admissions Committee felt that downward attrition rates justified a further reduction next year to 265 or 270 in order to maintain the faculty's goal of 800 students. An increased number of first-year students were reported to have left school this fall due to financial reasons, but this is not expected to materially alter the expected 5% attrition in that class. With only 265 or 270 students in the first year, Provost Schwartz thought that perhaps only three first-year sections might be required in the fall. The reduction in class size would, he estimated under current circumstances, release approximately V/i faculty lines from first-year teaching for the teaching of upper-class offerings. Questioned as to what the school would do if the five promised law faculty lines do not eventually materialize, the Provost opined that the entering class would be cut still further to prevent a worsening faculty-student ratio. The Admissions Committeealso expressed its concern over the fact that five out of six applicants are never reviewed other than on the basis of their LSAT scores and GPA, and that the Committee would prefer a more individualized-review over this "mechanical" process. The Committee recommended that the school seek a full-time admissions officer to provide this individualizedreview was for more of the approximately Prof. Schwartz interviewed only "be concluded, Schwartz dust-gathering recommendations by Jean D. Harnett of the Buffalo 3,000 applications received by the unless there's a follow-through." Courier-Express early in January. continued otfpagt 2 Carey Appoints Schwartz to Panel Prof. Herman Schwartz, teacher of criminal law at the Law Schooland a member of the Attica Legal Defense Committee,has been appointed by Gov. Hugh Carey to his new Law Enforcement Committee, which is to investigate total reform of the state's criminal justice system. While stating that he did not yet know the exact charge of the Committee, Prof. Schwartz noted that his primary concern was the whole prison system, "which seems to me to be at the heart of the entire system." Originally, he had expected a separate committee just on the corrections system but now assumes that it was merged into this single committee. Corrections Will, he said, receive sufficient consideration in the overall reform practice only if other committee members have a particular interest in it, but "most concern seems to be with thepreconviction stage." As for specific recommendations, Prof. Schwartz urged "a radical re-doing of the whole parole system," of which he said that "it's irrational, it's expensive, and it doesn't do much good." Citing the McKay Commission report, he described New York's correctional system as "one of the most backward in the whole country." The success of the Committee will, he assessed, depend upon "the reception of ideas outsideof the committee," particularly by the Governor's council and the Legislature. "There will," ... continued on page 2 - �FallLaw Review Available Editorials Giant Step Backwards ... so goes the One step forward, one step back development of relations between the administration and Having lauded the faculty's just students at this institution. good faith in consulting students widely on major issues last fall, we must deplore the administration's failure to consult students, or even inform them forthrightly afterwards, on the recent appointment [see story, p. 1 ] of the outside placement director long sought by and often promised to students. Despite the unflagging interest of the students on the Placement Committee, the administration conducted the search in unnecessary secrecy, contacting a few students at a stage too far along for them to participate at all, and then made a rushed appointment questionable from the standpoint of the job description. The "we-had-to-act-quickly-or-else-lose-the-opportunity-forever" justification, heard so often by students following their exam or vacation periods, is simply implausible in a case where a search was planned for some time, where it was known that the placement committee students were available and anxious to participate, and where the administration made no effort to inform anyone of the appointment even afterwards. It is hoped that the Placement Committee and the SBA do not simply acquiesce in what can only be described as an insult to legitimate student concern over placement services. Where the faculty took a step forward in student consultation last fall, it is regretable that the administration has taken such a giant step backward so early this spring. SBA In Review As the terms of this past year's SBA officers and representatives draw to a close this month, it is only natural that law students might review the performances this year of those they elected to represent them, before voting upon those who will represent them next year. In retrospect, the performance of SBA since last March has been somewhat mixed, almost inevitably the situation when some representatives sincerely work for the student welfare while others seem interested only in resume credit. Like most of his predecessors, SBA President Don Lohr has devoted herculean efforts to coordinating the various undertakings of the SBA, indeed sometimes shouldering the burdens of such undertakings himself when others were unwilling. Similarly, Treasurer Ed Zagajeski and Ist Vice President Laura Zeisel have done much to invigorate two offices which have been marred by either poor management or relative inactivity in previous administrations. On the negative side, 2nd Vice President Rosemary Gerasia Roberts and, Secretary Paul Equale have done no credit to their offices, having failed more often than not to properly perform even the basic constitutional duties incumbent upon them. Of the SBA directors, practically all have shown themselves conscientious in representing their classes, but unfortunately few have actually taken the initiative in proposing SBA action. Generally, those directors who have served on the more active SBA committees have done a commendable job. Weighing the positive and negative, however, it is unquestionable that the SBA has served both as an available forum for the presentation of student concerns and as an efficacious conduit to the faculty and administration. While the student body must still insist upon highly competent SBA candidates to insure the continued credibility of SBA next year, this year's SBA has, with only a few individual exceptions, at least laid the groundwork for that credibility. SBA Belated wfyy / jffi 'jSy February 6,1975 OPINION 2 t Valentine's^jsgji^ Wine & Cheese Party Fri., Feb. 2), 1:00p.m. Ist Floor, O'Brlon Hall \ The Fall issue of the Buffalo States of the Geneva Protocol on Law Review is now available for chemical and biological warfare, purchase in the bookstore,and for by Linda Fentiman; an assessment distribution to subscribers in of the impact of an implied warranty of habitability in New York, Room 605. The Review containsarticles of by Matthew Greenblatt; a comment on the constitutionality of legal analysis by professional attorneys and scholars, and student employment restrictions on resimembers of the Review. The cur- dent aliens, by Susan Bass Levin; rent issue contains, an article on and an examination of some probSection 357(c) of the Internal lems of insider trading of securiRevenue Code, written by Profesties under Rule 10-b 5 of the Se' sor DelCotto, and further analysis curities and Exchange Act, by of the constitutional conception Judith Levitt. of i mpeachment, by Professor Franklin. Norman Marcus, counsel The single copy price for to the New York City Planning Commission, analyzes some cur- students is $2.50, at the bookrent developments in the police store. Subscriptions to the Review of blue to Law Review cover powers of regional, state and local may be arranged at the Buffalo Touch design adds flair to battleship grey. governments to protect threaten- Law Review offices, Room 605. ed urban resources. Lawrence M. Friedman has contributed "Notes Toward a History of American Justice," which is an article adapted from the Mitchell Lecture which Porfessor Friedman delivered here in 1973. Student contributions include Both the law bookstore and the o Brian snackbar will, according an article on self-executing execu- to administration sources, be moved next September to Baldy Hall, the tive agreements, by Richard building adjoining O Brian in which the Education and Philosophy Cohen; a discussion of the pro- departments will be located next fail. posed ratification by the United Particular arrangements are still unclear, but it is understood that the snack bar facility in Baldy will be considerably larger than the one now in O'Brian, accommodating a much larger number of people, while the bookstore will be part of an operation that will also carry the education and philosophy materials. Mary Lou Palesh, Law Bookstore continued from page J Manager, assumes that management of the law materials in the new He is currently understood to be facility will remain the same. preparing to retake the Bar Exam Some earlier plans had proposed relocating both the bookstore in March. and snack bar in a renovated area of the O'Brian basement, but If approved by Albany, Mr. according to Registrar Charles Wallin, the costs of properly renovating Flynn would join the administrathebasement found to be prohibitive. tion on March 15. His one-year appointment as Assistant Dean would, said Provost Schwartz, constitute a trial period. Also joining the administration On Saturday morning, January Passover seders are Wednesday this semester has been Erica 4, there was a fire that totally night and Thursday night, March Federman, who has been appointdestroyed the UB North Campus 26 and 27, and Easter Sunday is ed to a PR-2 line as Assistant to Chabad House, which was located March 30. Since both of these the Provost on a temporary basis at 185 Maple Road. The Chabad holidays fall during the same pending completion of affirmative House, which opened last spring, only proper that the it is week, action search procedures. Ms. was designed in part to serve the school change its calendar to have Federman previously worked with needs of Jewish law students. Des- vacation that week. We urge all Univeristy Libraries. pite the fire,Chabad will continue students to join us in urging the to serve the North Campus in var- Law School to change its calenious ways. dar. Starting on Sunday evening, At present, a non-credit course in Talmudic Law as it isrelated to February 24 and continuing until the Jewish legal system is being sunset on Wednesday, February planned. The course, which will 27, is the Jewish holiday of be taught by Rabbi H. Greenberg, Purim. This holiday, which is celeOnce upon a time a very will cover areas such as torts, fam- brated with the reading of the grouchy man walked into a saloon ily law, contracts, communal rela- Megilah and marked by joyous and asked for a very dry tionships, etc. Where possible, parties, commemorates the saving Beefeater's martini. The parallels, with Common Law will of the Jewish population from death at the hands of Haman by bartender, wanting to know what be drawn. garnish the man wanted in his In the near future, it may be Queen Ester. The Megilah will be drink, asked, "Olive or Twist?" possible to get kosher food in the read on Monday night, February The grouchy man said, "Oh, the Law School. The problem is being 25. Dickens with you!" and walked worked on at this time. The J LSA now has an office. It put. As of this date, the calendar is located behind the Moot CourtGary Muldoon for this semester allows for Spring room and is shared with PAD and Vacation the week of March 8-16 Law Spouses. Anyone seeking more information on any of the Number Volume 15, 7 above should check there for HOI I February 6,1975 office hours, or see Richard Glick, Carl Heringer or Usher Fogel. Editor-in-Chief: Ray Bowie ' Snack Bar, Bkstore To Be Relocated , , Job Filled JLSA News Trenchant Observation . finininn U|JII Managing Editor: Matthew Leeds Photography Editor: Eric Zaetsch Features Editor: Louise Tarantlno Sports Editor: Oave Gerlnger Alumni Editor: Earl Carrel Business Manager: Allan Mantel Staff: Class Reduced JeffChamberlain, Gary Muldoon,Carl Herringer, Dick Click Lewis Marks OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Feet. - continued from page 1 Committee each year. Provost Schwartz indicated, however, that placement had a priority foravailable administrative lines and that there was no serious problem yet with admissions applications that might justify a different priority. �Februarys, 1975. OPINION 3 End of the Bar by Credit-Free Course: Cases & Controversies Current Events Jeff Chamberlain "Nobody ever went broke underestimating the distribution geographically. Harry Reasoner said of American public." Coors: "It's a good beer, but one of the nice things -H.L.Mencken about life is that there are a lot of good beers." 6. Letter of the Law Department: Associated In the six-or-so weeks since the last issue of Press reports that a twenty-one year old woman deep Opinion, little if anything worthy of mention has in a coma for more than a year has been sued for occurred. This, however, has never stopped me trespassingby a hospital seeking her eviction. before, and will not now. I have carefully culled 7. Parade magazine published an article about hundreds of sources for the following bits of the effects of co-habitation on college students, news/trivia, which perhaps you missed when you which included this piece of statistical legerdermain: were studying for examinations or vacationing in "Half the students claimed that their relationship Florida. had no effect on their studies. The remaining half taste of the 1. The YouVe-Come-A-Long-Way-Baby Award for 1974 goes to the manufacturers of "Dismiss," a disposable douche. They will receive a copy of a book entitled Are Children Neglecting Their Mothers: New Roles for Women, Men, Elementary School Pupils and Dogs. The purported author, Hadley V. Baxendale (get it?), is described, redundantly, as "the last remaining male chauvinist psychologist." The book analyzes such momentous questions as "Does Semen Have A Soul" and "Whither Penis Envy." A quotation: "There is a lot of dirty linen in the world, and girls are biologically ordained to do the laundry." Doubleday, $4.95 at all booksellers. 2. Ron Ziegler won the "gobbledygook" category of the Doublespeak Awards for this answer to a question from reporters about whether a batch of Watergate tapes were still Intact: "I would feel that most of the conversations that took place in those areas of the White House that did have the recording system would in almost their entirety be in existence, but the special prosecutor, the court, and, I think, the American people are sufficiently familiar with the recording system to know where the recording devices existed and to know the situation in terms of the recording process, but I feel, although the process has not been undertaken yet in preparation of the material to abide by the court decision, really, what the answer to that question is.." i 3. Ori the same evening that Channel Two reported a "low temperature for-the day" which was four degrees higher than the "present temperature," John Chancellor paid a tribute to the inventor of the Bloody Mary. Earlier in that newscast, Chancellor had loosed another of his thinly-veiled attacks on "that dangerous drug,"marijuana. 4. The Business of America is Business department notes that General Motors is advertising that a 1975 Chevelle can save "up to" 810 gallons of gasoline over 50,000 miles, compared to the 1974 model. This savings is estimated at about 25%. I'm no mathematician, but as I figure it, this means that a 1975 Chevelle gets about thirteen milesper gallon, while a 1974 model gotabout eleven. Thanks a lot, GM. 5. Fatuity Department: On January 16, ABC News carried the story of the Coors beer Supreme Court decision, which limited Coors' right to restrict , . . - - - Feb. 7, 1:00 2:30. Room 209 Cases: Marbury v. Madison, 1 Cranch. 137, 2 L.Ed. 60 (1803); Hayburn's case, 2 Dall. 409,1 L.Ed. 436 (1792); Tutun v. U.S., 270 U.S. 568, 46 S.Ct. 425, 70 L.Ed. 738 (1926); U.S. v. Jones,U9U.S. 477, 7 S.Ct. 283, 30 L.Ed. 440 (1886). were divided between yes and no." 8. Finally, the major news event of the past six Feb. 14, 1:00 2:30, Room 209 Cases: U.S. v. Johnson, 319 U.S. weeks was the Superbowel. In this year's version, the 302, 63 S.Ct. 1075,87 L.Ed. 1413 (1943); Hall v. Beals, 396 U.S. 45, major competition seemed to be between sponsors, 90 S.Ct. 200, 24 L.Ed. 2d 214 (1969); Sibron v. N.Y., 392 U.S. 40, 88 with Zenith and RCA slugging it out for first place in S.Ct. 1889,20 L.Ed. 2d 917 (1968); Muskrat v. U.S., 219 U.S. 346, 31 the color TV market, Goodrich trying to distinguish 'S.Ct. 250, 55 L.Ed. 246 (1911); United Public Workers v. Mitchell, itself from Goodyear, and Ford and Chrysler 330 U.S. 75, 67 S.Ct. 556,91 L.Ed. 754 (1947); DeFunis v. Odegaard, Value-ing and Rebate-ing like crazy. The game itself 94 S.Ct. 1704(1974). was dull. Even the sportscasters were not up to their usual form. I counted only eighteen mentions of "a Feb. 21, 1:00 2:30, Room 209 Cases: Tileston v. Ullman, 318 critical ptay for 'em," alhtough three of those U.S. 44, 63 S.Ct. 493, 87 L.Ed. 603 (1943); Flast v. Cohen, 392 U.S. "changed the complexion of this ballgame," and two 83, 88 S.Ct. 1942, 20 L.Ed. 2d 947 (1968); Sierra Club v. Morton, 405 were "the big play of the game." I learned from Curt U.S. 727, 92 S.Ct. 1361,31 L.Ed. 2d 636 (1972). Gowdy that "breaks are going to determine the victory," and that in football "it's the little things" Feb. 28, 1:00 to 2:30, Room 209 Cases: Eisenstadt v. Baird, 405 that make the difference. "Things" "turned around" U.S. 438, 92 S.Ct. 1029, 31 L.Ed. 2d 349 (1972); U.S. v. Raines, 326 at least four-times, generally as a result of "big U.S. 17, 30 S.Ct. 519, 4 L.Ed. 2d 524 (1960); Coates v. Cincinnati, factors" (four times) and "keys" (five). After each 402 U.S. 611, 91 S.Ct. 1686, 29 L. Ed. 2d 214 {1971); Baker v. Can, team tried to "establish the running game" (seven), 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed. 2d 663 (1962). the game turned into a "tight defensive struggle" (a classic four times). Indeed, Al Deßogatis noted that it was "one of thebest defensive games I've seen this half." The Pittsburgh defense was "awesome" (thirteen), while Minnesota needed to "open it up a little bit" if they wanted to "get back in this football game" (four). "Time was running out" at least four Chinese Law and a joint seminar by Lewis Marks times, including one "there ain't no tomorrow," and with John Hazard in Law in the the Minnesota fans "haven't had much to cheer about." There was the requisite smattering of On February 12th at 12:00 CommunistWorld. "brand-new-ballgames," "whole-new-outlooks," and p.m., Randle R. Edwards, ProPrior to his Columbia appoint"game-is-a-long-way-from-overs." It was Chuck fessor of Law, Columbia Uni- ment, Professor Edwards served Noll's "greatest moment in his life," and of course, versity, will be speaking on "Legal for eight years as Research Assothe statistics were "incredible." "Bradshaw loves to Aspects of Sino-American Trade," ciate in Law at the Harvard Law run" was repeated so many times that it became a i n the faculty lounge on the School East Asian Legal Research cliche the only legitimate newcomer to fourth floor. The talkis sponsored Institute. During this period he sportscasters' jargon from the game. Second only to by the International Law Club, helped develop the program in the cannonization of Art Rooncy, the most and will be followed by a question East Asian legal studies at Harvard "interesting" (four) and "exciting" (three) thing and answer period in which such Law School, served as the Instiabout the afternoon was the babbling of Al diverse questions as the possible tute's acting director for one year, Deßogatis. In addition to an obligatory "this is effects of the new Chinese Con- and lectured in Chinese law at hitting the way football was meant to be played," Al stitution on trade may be address- Boston University Law School. Professor Edwards' education cleverly anticipated the Steelers' game plan: "When ed. they've got the bail they want to keep it. When they Professor Edwards has been a includes a joint LL.B. from Harvard Law School and an AM in don't they want to take it away." "They say," said member of the Columbia Law Al, "you win it in the trenches,"and as for the most School faculty since 1973. He is Regional Studies in East Asia valuable player, "If you had 22 footballs you'd have presently teaching courses in from Harvard University (1964). to give one to each one of them." And, believeit or Chinese Criminal Law, the Previous to that he served in the not, there was even a reference to "a game of People's Republic of China and U.S. Navy, where he received continued on page 4 In ternational Law, Seminar in inches." Federal Tax Z: - ' - — - - , - Chinese Law Expert To Speak Feb. 12 — - A Study of Federal Tax Benefits Of Investor-Owned Electric Utilities by Gerald R. Schultz Thiscolumn will discuss tax reform and the effects of the existing tax system, two subjects that receive little or no attention in the tax courses offered at this school. It is my position thatIt is equally important to learn the effects of the law one Is dealing with as to learn the law Itself. It Is also my position that the federal tax law as It is now written operates to bias subsidize the rich and corporations and that this should bereversed to favorthe non-rich. The following is an article written by Donald E. Smith, staff economist for the National Rural Electric Cooperative Professor Al Katz will be offering 4 lectures on Cases and Controversies in the Federal System. The lectures are open to all and are credit-free. There willbe no examinationsofany kind. The lectures are designed to deal with matters for which there is little timeavailable in the standard courses to which they relate. Those who plan to attend are advised that the lectures presuppose some familiarity with the cases listed below. Association: The investor-owned electric utilities enjoy very substantial special Federal income tax benefits amounting to hundreds of millions of dollarsannually. Perhaps more important, not only has the tax liability of the power companies been shrinking in recent years, but it will become even smaller as a result of new tax legislation passed in late 1971. The special tax privileges of the investor-owned electric utilities may be categorized into three principal types: investment tax credits, accelerated depreciation, and non-taxable dividends to stockholders. This paper discusses each briefly and provides figures indicating the extent of benefits of each. The investment tax credit is designed to stimulate investment in new plant and equipment by reducing the investors' Federal income tax liability by a percentage of eligible investment. It was approved by Congress in 1962 to stimulate a recession economy, but has remained in effect during 10 of the past 12 years (1962-73) notwithstanding changing economic conditions.. Under the 1962 law, investor-owned electric utilities of 3% of received a credit against Federal income tax plant and eligible investment. Because investment in new equipment increased from $3 billion in 1962 to $10 billion in 1970, the tax savings from the investment tax credit to the electric utilities during that period was $977,747,025. Of this nearly $1 billion in tax savings of electricutilities, $338.7 million has been passed on to consumers through lower electric rates. The remaining $639.1 million has been utilized by the utilities themselves and constitutes an outright government grant to them. Through legislation passed by Congress in late 1971, the investment tax credit to the power companies was increased by 25%. Power companies may now qualify for tax savings of 4% of their investment in new plant and equipment. With capital expenditures estimated to be $17.2 billion during 1974, this will mean potential tax savings of up to $688 million in that year alone. And, unless the investment tax is repealed, investor-owned electric utilities may enjoy investment tax credit benefits during the next 10 years totalling approximately $10 billion. In 1971 the Treasury Department announced liberalized depreciation regulations (ADR) which offered the investor-owned electric utilities a tax savings amounting to $150 million during 1971 and increasing to $500 million annually by the end of the decade. This is accomplished by allowing businesses to depreciate plant and equipment acquired after January 1, 1971 at a 20% greater rate than before. Later in the year, Congress modified the ADR by reducing its effect in earlier years, and by liberalizing therepairs allowance provision. The tax savings to the electric utilities under the new accelerated depreciation provisions amounted to approximately $100 million during 1972. - concluded next issue _ �OPINION 4 February Basketball Bulls Turn Turn Season Around by of the Screw lan DeWul This column will consist basically ofreminders of administrative details that should be cleared up quickly to meet with university deadlines and by Dave Geringer Reversing a losing trend that had plagued their first semester action, the basketball Bulls won five of their last six contests after the spring term began and turned a 1-8 record into a respectable 6-9. The hockey Bulls saw their ECAC playoff chances severely jolted in crucial Division II losses at Hamilton and St. Anselm's, while the Bull wrestlers posted six wins while suffering their first two losses of the requirements. The most important date to remember is February 7. By that date all registration must be completed. Please be sure to have a registration card in your possession by that date which completely lists all the courses for which you wish to be campaign. registered in the Spring term. Admissions and Records is being quite strict this semester and will The Bulls' recent basketball success was marred only by a one point loss to Canisius (75-74) at Memorial Auditorium January 20. The Griffins met Buffalo for the first time in twenty years, and only a pair of missed one-and-one free throw opportunities by the Bulls' Jeff Baker and Gary Domzalski allowed Mcl Montgomery to sink the winning basket for Canisius. Co-captain Bob Dickinson turned in his finest outing of the season, hitting 19 of his 21 points in the second half to bring Buffalo back from a 47-30 halftime deficit. 6.1975 not allow any course additions after that date. This includes registrations being delayed because of problems with Minority Tuition waivers. (f your registration has been checkstopped because of an outstanding bill please clear it up immediately. and the Parents' Confidential Statement oortions l the financial aid application should have been filed by February 1, 1975. If for some reason you have not yet filed these forms do so immediately to minimize the damage to yourchances of receiving an award. Please also keep in mind that Form UB is due March first. In order to participate in any activities at the University during the Spring semester which require the use of an I.D. card, you will need to have your card validated for this semester. I.D. cards can be validated in the basement of Foster Hall during business hours. Bring your I.D. cardand your class registration card. If you have not yet heard anything from the Scholar Incentive Bureau you should write to Albany and inquire as to the whereabouts of your application. Remember that the final date for Scholar Incentive applications for this year is May 15,1975. No exceptions are made. Another date which has already passed was of equal importance. The Student Financial Statement Home sensational Otis Home topped Dickinson's performance with a 38 point spree as the Bulls trimmed Catholic University at the Auditorium 87-78 on January 25. Home, who ended the game just three points shy of the all-time record for points in a contest by a Bull, was voted to the by Earl S. Carrel ECAC's All-Division I weekly squad forhis performance. Alumni, has been appointed The Bulls met LeMoyne last night before hosting Youngstown at of the" Distinguished It is the start of another Chairman the Auditorium this Saturday. Alumnus Awards Committee. The semester and a time when most of recipients of the awards have not The hockey Bulls dropped Division II games to Hamilton (4-3) us who are out of school wish we and St. Anselm's (8-5) to all but ruin their playoff chances this season. were back in and most of those yet been announced. The awards Buffalo also lost a pair of contests at Western Michigan (6-4, 6-3) and who are still in school wish they are given annually to three of the had to defeat the Broncos twice last weekend by more than five goals were out in the real working Association's members repreto earn a berth in the Central Collegiate Hockey Association playoffs world. At any rate, after my most senting the judiciary, public in March. The Bulls host American International and New Haven recent hiatus, it is time to write service and the practicing bar. Saturday and Sunday night at Holiday Twin Rinks before winding up another column. Ms. Grace Marie Ange will their schedule at home against archrival Oswego February 21 and 22. The Law Alumni Association's serve as Chairman of the Arrange13th Annual Dinner and Awards ments Committee and the Hon. Bulls streak Presentation will be held Friday, Samuel L. Green is Publicity The wrestling Bulls whipped three highly-rated opponents March 21, 1975 in the Buffalo Chairman. (Kentucky, 19-16; ClarionState, 22-20;and Maryland, 21-15) recently Athletic Club. Buffalo City Court Complimentary cocktails will before dropping a 27-6 decision to Navy and suffering a 19-13 upset at Judge Rudolph U. Johnson, presi- be served at 6:00 p.m. Dinner will *c hands of Binghamton. Heavyweight Charlie Wright won three times dent of the Law Alumni Associa- follow at 7:00 p.m. Requests for by a single point to wrap up each of the aforementioned victories. tion, has appointed Harold J. tickets should be addressed to Mr. Buffalo is at Brockport tonight before closing its home season Brand, )r. as Chairman of the Din- Brand at 852-2850. As has been Saturday afternoon against Guelph. ner. Hon. M. Dolores Denman, im- the custom in the past, we sinceremediate past president of the Law ly hope tickets will be purchased ALUMNI LINE Plans to Open Bubble Burst INTRAMURAL BASKETBALL FINAL FIRST HALF STANDINGS W Red's Boys 3 2 2 1 1 Schlegel's Bagels Barristers Dribblers Cosmic Demons Flyers L 0 by Dave Geringer The absence of a floor has delayed the opening of the bubble indefinitely. The long-awaited Amherst campus recreational facility will probably remain closed for several more weeks. The bubble was erected prior to the beginning of undergraduate classes this semester. However, the floor of the structure is the same as it had been before the facility went up the asphalt surface that formerly constituted one of the many parking lots on the north campus. Presently, the covering of the floor is being delayed until a determination is made of how much of the area can be covered with the funds that are currently available. Originally, plans called for the placing of a basketball court-type surface over most of the floor (excluding the track area). The possibility of covering the entire surface now appears to be remote. The extent of the delay in the opening of the bubble is also unknown at this time. "Right now, we're shooting for a February 17 opening," hoped intramural director Bill Monkarsh. If Monkarsh's hope is fulfilled, the bubble will open with a delay of just a month. 3 3 4 4 - Red's Boys Assured Playoff Spot Red's Boys clinched the first-half law school intramural league championship by posting a perfect 5-0 record last semester. As a result, Red's Boys has earned an automatic postseason playoff berth, providing they are not dropped due to a forfeit. The first-half champions will be joined in the playoffs (which begin February 16) by the second-half winner. Should Red's Boys also take the second-half title, the other playoff position would be awarded to the squad with the next best overall record. basketball BuffalO ChipS - 2. Coach of 39 Down. 1. Buffalo's Stan 10. 13. la. 18. Japanesewmtllng 3. "The law ia a Bolt'i partner Beef on One-celled animal 22. It'i not the capital of Alaaka, Juneau. Iβ Acrosa. familiarly In chemistry, an eent.ieweentsle particle Buffalo bishop Dave Foley's position (abbr.) 24. 26. 1965 AFL-MVP N.Y. Times Editor Vaat 4. 7. 8. 13. 14. Iβ. Iβ. 20. ,a idiot" — Buffalo', stadium In Orchard Park Lover of Narcisiua Kind of exam 998 Self Goddess of vengence Charlie S7. N.Y. Times' Crossword Editor Wallach W.N.Y. College 41. Wyatt 86. State north of S.C. 4X Cheedeadera for 34 Down, et al. 40. The Bisons were part of this group (abbr.) 35. Albright Vegas Earp's well-known * Wgmir~ — ~ Medical test (abbr.) A deer,a female deer {as opposed to re) Kummel Greek letter, Roman number Heavyweight Champion 3 I !■" o "H vp P°PI ~—l fIHBH " I : ; 3 Detective HH LBLVHILsfI Ibbbbbbl——l—-^B p> 1 P | 38. S3. ; is Dickens 21. 23. 27. 28. 30. 32. 34. 2fl. 29. 31. H~ by Gary Muldoon P^^ ? laeH^_^eeßL_^.^_ 5 St -. I rjg r g- p •* J ' 1 I ' 1 1 f 1 1 1 •»»^"^"™l by firms and/or individuals and donated to the Law School in order that students may attend. DeSllver G.Drew, '17, died December 25,1974. Samuel Sapowlch, "19, died November 6,1974. David Slegel, '25, died November 23,1974. John W. Ryan, Jr., '31, died November 20, 1974. He was a former Assistant Erie County District Attorney, and former Chief Judge of the Buffalo City Court. Mr. Ryan also served as a member of the State Investigation Commission. Daniel J. Callanan, '58, hasbeen named confidential clerk to State Supreme Court Justice' Theodore S. Hosier, '53. Michael J. Stachowskl '73, has also been appointed to a similar position. Daniel 1. Ward, '72, was appointed to the Erie County Legislature representing the 15th district. Carl H Perdue, '73, has been appointed Assistant Director of the Governor's Washington, D.C. office for the State of Indiana. Comments and notes from our Alumni are always welcome. Address all correspondence to ALUMNI LINE, c/o Opinionn. Chinese Law Expert -continued from page 3 Chinese language training and completed a tour of duty in Taiwan and Japan. He later re turned to Japanon a Fulbright, to study the legal aspects of Japan's trade with the P.R.C., and upon returning to the U.S. accepted a job as a legislative attorney with the Department of Housing and Urban Development. After one year in this position, he returned to Harvard to pursue a Ph.D. in Chinese History and accept a position at the East Asian Legal Research Institute. Mr. Edwards has assisted Hungdah Chiu in writing "Communist China's Attitude Toward the United Nations: A Legal Analysis" [Studies In East Asian Law, Harvard, No. 9), and is the co-editor with Jerome Cohen of a forthcoming volume emitted "China's Legal Tradition. ,, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-02-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/6/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7e25f7e4630aad4afc8af5628cc54f2e.pdf 50d1f67a346056418ba348a1ce4aad1f PDF Text Text NonProfit Organization U.S. Postage Opinion PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Volume 15, Number 8 SBA Campaigns Start; Elections Next Week As the situation appeared to be shaping up late last week, students wilt have the opportunity to choose between two platforms in SBA elections, next week, February 26 and 27. On one platform, a slate of candidates is seeking executive offices, consisting of Rosemary Gerasia for President, Cindy Falk for Ist Vice President, J. Glenn Davis for 2nd Vice- President, Cathy Novack for Treasurer, and Cliff Solomon for Secretary. The situation with respect to the second platform involved several independent candidacies coalescing about similar proposals, resulting in a common platform Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 by the week's end. On that platform, Ray Bowie is running for President, Scott Alcock for Ist Vice President, Paul Edgette for 2nd Vice President, and Eric Zaetsch for Treasurer. The platforms are published on pages 4 and 5 of thisissue. In addition, as this issue went to press, Michael Kilburn was understood to be running for Ist Vice President, and several first and second-year students are seeking SBA directorships in their classes. Balloting will be conducted next Wednesday and Thursday, February 26 and 27, on the 2nd Floor near the Library entrance. Guest Column Fee Vote Flynn Not Hired; Postponed Search Reopened In accordance with a resolution passed by the SUNY Board of Trustees, voting on the retention of the mandatory activity fee has been delayed until next year. A vote taken by the undergraduates at this school favored retaining the fee by approximately a 2-1 margin. However, a vote must be taken again next year. The ballot must include a question regarding the institution of voluntary fees. by Herald Price Fahringer Today lawyers devoted to the defense of criminal cases face the greatest challenge of their careers. The ever-increasing complexity of the criminal law has placed heavy demands upon a defense lawyer's knowledge, experience and stamina. No undertaking requires deeper professional commitments or greater devotion to a client's cause. The modern-day defense lawyer must be able to convoyhis client through, a host, of mine-laden hearings that bear the curious names of Huntfey, Wade, Wltherspoon, Simmons, Montgomery and Aponte. He must understand the strange language of a Brady demand, a Gelbard request,. znEinhorn inquiry, an Alford plea and transactional and use immunity. He has to know the numerology of a Rule 35 proceeding, a 440 application, and a 2255 hearing. And to make matters worse, we who are called upon to chart a course through these shifting tides of the law are often steered by stars that are disturbingly in motion. Adding to the solemnity of this occasion is the realization that today swarms of special prosecutors, strike forces and extraordinary grand juries have been unleashed on an unsuspecting public. Many of these police groups have overrun the borders of ancient constitutional safeguards designed to keep a free people secure from the state. Consequently, now more than ever we owe it to the public, and particularly those caught in the path of these zealous investigations, to do everything possible, to furnish them with competent lawyers. Accordingly, a practitioner simply dare not venture into these dark forests of the criminal law, overgrown with a multitude of fresh rules, without proper knowledge, training and experience. A genera! practitioner is a luxury that our society can no longer afford. And yet today the prestige of our profession is at its lowest ebb. The dreadful Watergate scandal, which convulsed this nation and drenched the White House in shame, took its heaviest toll among lawyers. Seventeen attorneys were either convicted of seriouscrimes or dishonored by their misconduct. Their alleged misbehavior has cast a shadow across our whole legal system and has embarrassed us all. Integrity is the lifelineof our criminal justice system and when thatis severed the wholeinstitution is imperiled. Even more frightening is the fact that only recently our profession has been gashed to its very roots by glaringexamples of incompetency. Last year, the New York Court of Appeals in the Leßrten case (34 N.Y.2d 257) reversed the defendant's conviction because of defense counsel's unfitness. The court in scalding language declared: "Defense counsel... has rendered the trial a farceand a mockery of justice." Other instances of disgraceful professional failures have stalked across the pages of the reports of federal and state courts throughout the nation. These derelictions are by no means representative of the entire profession *HJt unfortunately have overshadowed some stunning achievements of able defense lawyer! working under the most adverse conditions. Nevertheless, we must all acknowledge that slipshod and - continued on page 7 by Dave Geringer a crying need for lawyers' awareness of the lack of South African civil rights," commented Douglas P. Wachholz before about twenty-five concerned students and faculty on Monday, February 10. Mr. Wachholz, a lawyer, is director of the African Legal Assistance Project, a branch of the Lawyers' Committee for Civil Rights Under Law. The project, funded in 1967, is an experiment to cooperate with South African lawyers who are standing up for human rights against what Mr. Wachholz termed a "vastly legalistic fascist state." Blatant exploitation Mr. Wachholz indicated that the. legal system of South Africa is based on what he called "the blatant economic exploitation of the black majority by the 13% white minority." The land in the country is divided so that 87% of it is ownedby whites, and blacks have extremely limited legal rights within that area. Mr. Wachholz went on to explain that in order for blacks to survive, they must carry passes and work in the white-owned land areas. Employment contracts are limited to 12-18 months so that no political identity develops within the black working community. Blacks found within the "white" areas without passes are arrested and can be held indefinitelyupon the desire of one police officer and one magistrate. Furthermore, "The buck stops here. I overlooked it," Dean Schwartz The controversial appointment acknowledged. "An error was made, and the appointment was of Bill Flynn as outsidePlacement Director will not take place. Dean Richard Schwartz revealed that a requirement that any candidate for the position would have to possess at least three years experience practicing law was overlooked resulting in what Dean Schwartz termed "making the appointment no longeroperable." Wachholz On Rights Of South Africans "There is To Be Or Not To Be February 20,1975 education for whites is free and compulsory, while education of blacks within the state is expensive and non-compulsory. Mr. Wachholz stated that at times it was difficult to speak with composure about the South African legal system because of its "incredible injustice." The Africa Legal Assistance Project purports to attack the system on two fronts. The project helps to support what Mr. Wachholz termed "the five or six brave advocates" who are working for reform in South Africa. In this capacity as a foreign legal aid clinic, the project staff sends funds, briefs and expert witnesses for the defense of political prisoners. All of the project's assistance is necessarily "above boards," as most of the South African lawyers' activity is monitored by the secret police. Currently, the project staff is involved in a civil action against the secret police for the alleged torture of three Rhodesian women. Actions againstcorporations On the domestic front, the project has brought actions against American corporations which have interests in what Mr. Wachholz dubbed "the South African fascists." He also admitted that this type of attack is tedious and expensive. Although most of these actions (including a suit against a major American oil company) were lost, Mr. Wachholz feels that this strategy increases the corporations' awareness of the issue of human rights in South Africa. Mr. Wachholz justified the efforts of the project by claiming that the few black leaders in South Africa are being kept alive by its efforts. The state is so far from revolution that, presently, "this is our only wedge," concluded Mr. Wachholz. not a valid one." Provost Schwartz indicated that the three-year experience requirement was added to the list of job qualifications in an attempt to justify the creation of a PR-3 ($18,000) line by SUNY Central. "We wanted to establish the necessity of a high rank (PR-3) to justify a high salary," Dean Schwartz stated. "We felt we could not obtain the person we wanted unless we had the salary. Since we wanted a lawyer, we figured we would have to pay $18,000," Schwartz added. Provost Schwartz indicated that the hiring procedure would immediately begin again: "What we will do is reopen the search. We will inquire as to sorrfe modifications of the formal reg vi remen ts," Dean Schwartz concluded. Kennedy To Speak Prominent black feminist and civil rights lawyer Flo Kennedy will deliver a lecture Friday, February 28, on "Law and the Pathology of Oppression'■ as the guest of Distinguished Visitors Forum. The lecture is scheduled at 1:00 p.m. in room 108. Ms. Kennedy, a founder of the Feminist Party and a member of the National Black Feminist Organization, is theauthor of two books, Abortion Rap and (not yet released) Pathology of Oppression, and an article on "Women and the Law" in the anthology Sisterhood is Powerful, onreserve in the Library. Ms. Magazine has called Ms. Kennedy the Mark Twain of our age, and she has written, for samples: "Organize, Don't Agonize." "If Men had abortions, abortion would be a sacrament." "Oppression has at least four dimensions: the personal or psychological like when you yourself believe that you're a big zero because society keeps telling you so. The private like when some employer tries to make out with you when youask for a job. | The public like when the government takes the money you need for childcare centers and uses it to kill people in Indochina. And the cultural like when the history books attribute everything we did, and invented to some guy we worked for." — - — - �February 20,197S OPINION 2 Turn of the Screw Editorials by Un DeWaal I was unable to secure a typical repayment schedule for NYHEAC During our college education loans; however, I did obtain a we are invariably counseled to sample repayment plan for NDSL take out student loans when loans. I assume that they are finances are tight. However, little comparable, with one important concern is given to the financial difference: even though you are consequences of compounding allowed ten years to repay your On Wednesday and Thursday of next week, students large debts except that the debtor NYHEAC loan, this is reduced if have been invited to quite literally determine the directions will have ten years to repay. the ten year period added to the and priorities of the Student Bar Association in the coming thought it might be worthwhile to1 time elapsed from your first loan year. The determination will affect, in one way or another, describe a typical repayment plan to date of graduation exceeds every student at the law school, for despite occasional in order that future borrowing fifteen years. denigration of the SBA, the organization and its activities might be more informed. For a student whohas received an aggregate of $5,000 in NDSL influence all facets of law student life. during their college education, the Opinion is presenting the election statements of A student will typically monthly repayment will be executive office candidates on pages four and five of this accumulate two different types of $49.00 for ten years. Again, you issue. We believe that are obvious in SBA: A Choice there differences the loans: National Direct Student wi II emphases of the two platforms and that the student body has a true choice as to SBA's future. Every student has some responsibility in respect to the outcome of the election, to the same extent that the outcome of the election will have an impact on every student. The relative success or failure of the SBA next year will inevitably reflect on the reputation of the law school. First-year students will have to live with this reflection for another two years as law students; second-year students will be affected by the school's reputation when seeking placement next year; while third-year students (who often seem reluctant to vote in their last year) will have their careers either aided or hindered by the profession's image of their alma mater. SBA's performance bears on all of these. We urge students of all classes to consider the candidates' qualifications, their platforms, and their aspirations for SBA, and then to vote on their relative merits. If each of us takes this responsibility seriously, all of us will ultimately benefit. Please vote: February 26th and 27th; Second Floor, across from the Library. The Business and Professional Women's Club is offering a scholarship for women in academic fields leading to a career in business or the professions. Please see me in Room 303 to pick up an application. You must be a resident of Buffalo means that you will receive two should be considered whert Stockton KimbatlTower, This is a bills a month for repayment of decisions are made to secure loan very firm deadline. ;* ■" studentloans. funds Law Spouses Activities .: Molasses in February drawing. The next activity, following the Christmas Party was our first meeting of the new year held at Dean and Mrs. Schwartz' home. Projects for the coming semester were discussed. The mini-lecture was given by Norm Rosenberg. Mr. Rosenberg generally confined himself to the activities of the Clinic Program and the Simulated Law Firms experiment. The discussion of these programs was enlightening, informative, useful and entertaining. Also at the January 7th meeting Nancy Kitchen was elected Call Tree Chairman. And speaking of Nancy, she was the recipient of a surprise award at the Christmas Party. The members of the Association presented her The "early" calendar proposed by Registrar Charles with a pewter bowl in Wallin is definitely a step in the right direction. The appreciation of herhard workand proposed schedule, while eliminating a couple of holidays dedication. Nancy resigned the and beginning immediately after Labor Day, would put an Presidency of theAssociation last end to a traditional abomination: the necessity of studying October for personal reasons. for exams over the Christmas break. Shortening the time Traveling onward February between the end of classes and the beginning of exams to three days would enable all tests to be completed before the Ist was the day L.S.A. members treated themselves to a roast beef vacation. (cooked to perfection by The calendar would also feature the spring semester dinner Cindy Monacefli). A silent auction exams ending earlier, in line with the University's regular was held for some of the most schedule. Though the shortening of the study period still remarkable junk ever collected in leaves a calendar beginning in late August with a week-long one place. It all managed to be pre-exam study period as the best alternative, the proposed redistributed to new homes and calendar goes a long way to remedy many of the problems the astonishing sum of $.22 was added to the Scholarship Fund. relating to the present one. Step in Right Direction an additional bill of as it appears on your permanent record card unless this' form is filled out otherwise. Loans [NDSL] and New York comparable amount if you have a Higher Education Assistance Act similar sum outstanding in I n order to complete your Loans [NYHEAC] (or therr NYHEAC loans. financial aid application for the equivalent from other states). The This can be a substantial 1975 school year, you; must file repayment schedule for each type financial burden to assume wihtin Form UB by March 1 with the is computed independently. This nine months of graduation and Financial Aid Office, 312 It seems eons ago but the L.S.A. Christmas Party did put us all in a receptive mood for the holidays and we (spouses as well as students)managed to forget the immediacy of exams ; at least for a night. The Liquor Raffle, held at the "freight of the festivities, netted $198. for.the Scholarship Fund. We want to thank everyone who worked on Like the proverbial molasses in dead winter, grade, the Raffle and most tepecially reports have been oozing, in dribs and drabs, onto the Roberta and Steve Pheterson (for God knows how many bulletin board for the consumption of grade-starved selling tickets) and Cindy and Don students. Monacelli .for doing everything Opinion has complained before, and will likely have to else including lending home complain again, about the attitudes of a faculty who can for the party and their the Raffle insist upon student adherence to deadlines while scoffing at deadlines of their own. Hypocrisy, it used to be called; now it's termed academic freedom. Though there is a deadline for submission of grade reports, four weeks following the date of the last exam, it has been observed more in the breach than in compliance, and even so it is ridiculously long. If the faculty are serious about such a deadline at all, it is incumbent upon them to first, attach some sanctions to it and second, to reduce it to a more reasonable period, perhaps three weeks following the date of the particular final exam. In the alternative, students should consider choosing their own examination days this spring, following the example of our mentors. get Diploma forms are available for June 1975 graduates. Please see Lilly Nelson in 306. before February 27, 1975. Your name will be reprinted on your diploma .. . Great Merriment attended this affair. Our thanks to the Kitchens for the kind use of their home. On February 4th the group met at Mr. and Mrs. Greiner's home for the monthly imeetkig. Mr. Greiner was our guestspeaker for the evening' 'and wals fascinating, on the broad subject of taxes. A lively discussion followed. It was an appropriate choice, of topic as it seemed.to be a subject very close to our pocket books this year (if not our hearts). At the business meeting which preceded Mr. Greiner's remarks, details of upcoming events were discussed, including a theatre party to Studio Arena Theatre, the next fund raising event (which will be held' sometime.in April) and the Association Banquet (also scheduled for sometime in April). • - it will be to nominate a new slate of officers, to be presented to the general membership at the March business meeting. ■On the • Committee are Sue Moran, Steve i Rheterton/ ban SHonV'Glndy ~'MoTiacetlirtßntf''sheHt* -Rett*** r -:. Election's/will M held' ar'*e.Ap»tti business meeting. Please check your newsletters for candidates and reminders of the date of the elections If you cannotattend the next meeting. Everybody whois a dues-paying member of the Association is strongly urged to exercise their franchise and vote. Coming .up. i. i. General Meeting, and Lecture March ;4th; the play P.S. Your. Cat. Is Dead, March 22, Studio Arena.Theatre. Our most sincere thanks to Ds'an and; Mrs. Schwartz, fAt. and Mfs. Greiner, Nancy and Dennis Kitchen, Don and Cindy Tina Stoufer, President, Monacelli for the use of their announced the formation of a homes and for their hospitality to Nominating Committee whose job the Association. SBA Nominating Petitions Deadline: - Tomorrow February 21 12:00 Noon Room 504 Don Lohr's or Bette Gould's Mailbox Volume 15,Number 8 February 20,1975 Editor-in-Chief: Dave Geringer Executive Editor: Matthew Leeds Photography Editor: Eric Zaetsch Alumni Editor: Earl Carrel Staff: )eff Chamberlain, Carl Salomon Managing Editor: Abbot Feature) Editor: Louise Tarantlno Business Manager: Alan Mantel Herlnger, Gerry Schultz, Shellah Rostow. .' OPINION Is published every two weeks, except for vacations, during" the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlin Hall, SUNYAB, Amheret Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of SPINION. OPINION Is a non-profit organization. Thirdclass ~.>' i Postage entered at Buffalo, New York.' ■" ■'■'", ■■' Editorial policy of OPINION collectively by the Editorial Board. OPINION l> funded by SBA from student lm An.■,-,•;"'.•!*• a Istetermlned i ■ �FebTaary-20.-i97S- OPINION 3 The Outside World AConversationWith Cal Brady by Cart S. Heringer - The nameplate on the desk says "Mary Music Person" but she's also the secretary, and today she would rather be in bed. It's 4 p.m. and things-are hectic. People are running around, talking on phones and to each other, discussing, berating, writing ad copy and making deadlines. The soundsof WBUF are coming over the speakers, flashr bulbs are popping, .Polaroids are develpping. According to Mary Music, a short while ago one could die in the office and no one would know for weeks. Then progressive music, and Cal Brady, returned to Buffalo radio. Back-in ;68, at.age 15, Cal Brady started doing shows on pre-PBD WYSL-FM. (They thought he was 16.) He was on the air ten hours per day, acted as program coordinator, and at the same time was auditing his senior year in high school. He was inexplicably fired after a short illness, but still feeling that there was a place for FM rock, he landed in Hartford, Conn, on WHCN (sister stationof WBCN-Boston). It was tiring working with others who got stoned six days a week, "having flashbacks and all the other things you see on Mod Squad." Brady left, and found work at Channel 29 in Buffalo, producing arid directing Bozo, Romper Room, and other shows of that nature. After forming a production company with an old friend (they're still in it together), Cal went back to WPHD, but was fired on the air for bad-mouthing their new Top 50 aibum format in early 1973. He was out of radio until Bob Allen called, him one night at 2 a.m. from a West Seneca bar, wanting him to help "The Home of Blended Music" become "Radio Free Buffalo." So shall it written, so shall it be done. 1968, that we're ten years behind the times. There's a fetish people have in radio about being Number One. It's like an infantile arrogance, a Ron Radio Orgasm Syndrome. When I designed the structure of what we do on the air, I knew we weren't going to be Number One. We're after people 18-35, male and female, intelligent and/or well-educated, a minute amount of interest in music; people who are sensitive, sincere, and appreciate the same. I don't think there's enough of that to goaround in Buffalo. Big deal we're not Number One, we don't get the people who voted forNixon, who have IBM stock, who chew bubble gum. That's not everything. It's nothing. CSH: Doesn't the owner want to be Number One, or Two, or Three? CB: When you're 1, 2, or 3 it's only relevant to the demographic area you reach. Ours is the professionals, aware purchasers of consumer items. It's amazing how many people listen to this music who are older, settled into the "American Dream." We're trying to reach them byrelying heavily on older material, '68 to 71. It's not how many youreach, it's who youreach. CSH: Are you satisfied with the way things are? CB: definitely. WE have 100,000 watts, and we're getting into all sorts of nooks and crannies. Carradios are a hassle, but we have listeners in Toronto,Hamilton and Rochester. We're piped into Buff State. Lots of good things are happening. CSH: Are there any problems with the FCC, if you're playing things that are saying things the FCC doesn't want . . . .. . - ■ , .- innocuous-sounding announcement seems to trigger some sort of pathological reaction among altogether too many JeffChamberlain Thaveatall timeshated aH governments." normally right-thinking students who should know better. Jonathan Swift By the next afternoon, the corridors are crowded with bright-eyed, eager people clutching sheets of paper which The Student Bar Association consists of an the rest of us simply must sign, and manufacturing indeterminate number of unexceptional law students and sonorous phrases, inventing imaginary perils and imaginary is famed chiefly as a soporific. It has two organizational defenses against them to convince us of it. There is, of purposes. The first is to provide a student voice in the course, nothing original about this as a political running of the school. To this quixotic end, the august phenomenon, for American politics generally has body meets interminably, debates tirelessly, and invariably degenerated into a mere pursuit of hobgoblins: the voter, a arrives at a conclusion which adamantly rejects, coward as well as an ass, is forever taking fright at some wholeheartedly endorses, unequivocally supports', sets up a new one and electing some mountebank to slay it. What is committee, postpones for future consideration, suggests somewhat perplexing is why anyone at a law school should respectfully, is outraged by, promises fast action upon, want to waste his time spouting geysers of fallacies and drafts a report about, authorizes, points out the merits of, sentimentalities for so paltry a reward as the privilege of putting his SBA membership on a resume which won't be eliminates, or otherwise pretends thatit is not helpless. I SBA's other purposeis to disperse student fees to the read anyway. As each candidate gathers momentum, it has become myriad hordes of organizations which clamor for our money: This is generally considered to be the more customary for him to deface the walls with multi-colored important of the two functions, though almost all of the posters which proclaim his own peculiar idiocies. He generally then seeks to inflict himself on several classes, members' timeand energy is spent on the former. The process by which one becomes a member of this groveling for votes on the strength of notions ("positions") motley throng is called an "election." This catastrophe the most noble of which may be flatteringly described as occurs each year about this time, and is, among other comprehensible. Last year saw the refinement of this things, .the finest.free entertainment in Buffalo. It beats burlesque into a circus: there came upon us organized political machinery, the Committee for an Active Student the, zoo any day of the week. The first' intimation that the carnival is about to begin Bar Association or some such nonsense. This confederation is "usually a snort blurb m.Opfnfon to the effect that of miscreants and reprobates was swept into office on the plethora of strength of its promise "to do something." When the dust anfone. interested in running for one of the Vipe-Presidencies, Directorships, MembershlpS-At-Large, cleared, the SBA treasurer had resigned, and her position these "activists" evincing "no an{l God-Kribws-What-Elses's should return a petition to was vacant for a time, "ky "sucfi-amf-sucfi "a date. Amazingly, this immediate interest ,in the position, many ...reportedly I ' so-arid** - This column will discuss tax reform and the effects of the existing tax system, two subjects that receive little or no attention In the tax courses offered at this school. It is my position that itIs equally Important to learn the effects of the law one is dealing with as to learn the law Itself. It is also my position that the federal tax law as It is now written operates to subsidize the rich and corporations and that thisbias shouldbe reversed to favor the non-rich. The following Is an article -written by Donald E. Smith, staff economist for the National Rural Electric Cooperative Association: continued from last issue It has long been debated how to consider tax savings resulting from liberalized depreciation. The noted economist Paul Samuelson has stated that "the extremely rapid rate of depreciation is, of course, not depreciation, but a type of subsidy." Others, such as former Treasury Secretary David M. Kennedy, maintain that it merely "involves a postponement of the tax payment." In refutation, Professor Robert Eisner of Northwestern* University has asserted that it "Involves a permanent, repeating, and accumulating loss in tax revenues." Professor Alfred E. Kahn of Cornell University ... states that those who maintain the loss is permanent "are more right than wrong, provided the company's total investments grow over time at a sufficiently rapid rate." Consumers of electric utilities may not anticipate benefiting from depreciation through lower electric rates. In fact, the Senate report on the Revenue Act of 1971 specifically prohibited electric utilities from lowering rates to reflect benefits derived from accelerated depreciation. In the absence of rate reductions an increase in' its rate of profit shouldresult. According to the Federal Power Commission, the amount of liberalized depreciation of investor-owned -electric utilities amounted to $2.0 billion as of December 31, 1972. The total accumulated deferred income taxes was $2.8 billion. The accelerated depreciation provisions will bestow a greater tax savings on the electric utilities than on any other industry. It is a tax benefit which will continue to — __ , . increase.and.wil|r ttrve,to;rediice; the-utijities' tax. liability, in the future. _; ' Tax-Free Dividends Since 1954, electric utilities have paid, over $2.5 billion in' tax-free dividends to" their, stockholders. The 1954 tax law, which made this possible, stipulated that when utilities use accelerated depreciation, "regulatory" income will exceed "tax" income. "Tax" income maybe insufficient to cover dividends. To the extent this happens, the dividend payments are judged to be a return of capital to the investor, and he does not pay taxes on them. .. Fish In a Barrel End of the Bar J by GeraldR. Schultz not free form, it's hippy-dippy, it's to hear on the air? CSH: Why did the station, go progressive? ; '-. '"< .■ CB: First of all, the number of pro-drug songs that have CB: Among other things,'other interested people had men- musical and lyrical merit are far and fewbetween. Most of tioned it to the owner, including his son. There was an the songs to begin with are anti-drug. obvious hole in the market left by PHD when it was replac- CSH: How about obscenity? ed by WYSL AM/FM, and a huge audience that wasn't CB: The announcers and I are responsible to make sure being reached. As a middle-of-the-road station it (WBUF] that no obscenity gets on the air. Whether it has, had zilch ratings; in some places it was receiving no meas- different matter. Certainly,, we don't go out of our way to urable audience.ratings..The last three or four years it ■program it. never did anything. ..... CSH: Like John Lennon's "Working Class Hero." VbriTheAepfll* W6<haYe AwprkiEigihere.wnr,ki here .because CB: I've .played that on the ajr, during an interview with tneyilove this, format. They're not making a hell of a lot of. FCC Commissioner- Nicholas Johnson after Agnew's blackrtionfeVa'tfm.rtj6lrlTheifi«t''few'mo>ithshere kdidn'tmake a list ofrecords. It was a weird thing, I couldn't picture for dime.- .-■..■". » nwi .-.-;.'.• .-,.;.the. li.fe.of.me getting busted with an FCC Commissioner in CSH: Steve Goldfinger [Sales Manager] said everyone is in the studio. it for the radio and not for the money. You can get it out of the song, but it's a pain in the CB: As an example, John Farrell andKen Wein [also origi-. ass. Some songs I don't play because I consider them in nal WYSL-FM staffers] and myself have not been in radio, poor taste. There are a bunch of songs like that. There's a haven't sought jobs. We're here because we want to be tradition of male chauvinism in radio. It's about time people started realizing there are female folk out there that here, not because we need the work. CSH: The station is free form. You said that's basically don't like to be thought of as trees and animals and assortplaying.what you want to play? ed other items. CB:'Labels bother, me. Rather than tell the people what CSH: This was a middle-of-the-road station. Whatdid you the station is' all abbut, listen to it, that'sall I ask, let them do (for albums)? decide..There are people who say it's not progressive, it's. continued on page 6 by Federal Tax Z - continued on page 8 too great a burden." [Opinion, November 14, 1974]. As far as I know, C.A.S.B.A. has not been seen nor fearing heard of since. On election day, tables are set up in the bake salearea of the second floor "lounge," and ballots are available for those who wish to choose from the cafeteria of names and offices printed thereon. There is, so far as I am aware, no provision on the ballot for a simple vote of "no." After a few hours, the tables mysteriously vanish, the posters are torn down, the newly elected SBA is promptly recognized by an article in Opinion, and all traces of the debacle disappear for another year. Texas State Senator "Babe" Schwartz tells the following story: "A seeing eye dog had peed on his master's leg. The blind man stood still for a moment and then reached into his pocket for a doggie biscuit. He fished out that biscuit and leaned down and gave it to the dog. And when the dog took it, he patted its head. A bystander observed this and was much touched. 'Why sir, he said to the blind man, 'I see you've given that dog a biscuit even though he peed on your leg. You clearly recognize how much you depend on that dog, how much he does for you even though he's made this mistake, and you're treating him kindly anyway. Sir, that's wonderful.' , "And the blind man said, 'Listen, you jackleg, I gave the damn dog the biscuit so I could figure out wherehis head is so I can kick the hmmm-hmmm out of his tail,and that's just what I'm fixing to do." I suggest that the present panache is an offer of a doggie biscuit, and if you're dumb enough to take it, you probably deserve what you're going toget. I, of course, do not vote. It only encourages them. �February 20;,197fr OPINION 4 SBA Candidates: Gerasia, Falk, Davis, Novack & Solomon - (2) CONSTITUTION A major overhaul of the SBA of all law school organizations could also be available all day to provide advice on their activities. Constitution was begun by the previous administration, but never finished. Numerous internal disputes regarding : IV. FACILITIES presidential powers and duties, and a pressing need for codified by-laws, makes updating of the constitution a While many of the problems we had last year are now priority. cleared up there remain a few that should be dealt with immediately. These include: (1) The walkway from the building to the parking lot, (3) FACULTY-STUDENT COMMITTEES Student which needs a handrail in order to prevent slipping, representation on these committees is one of the most particularly in winter weather, and important means by which student input is madeinto law (2) The need for a health office. The need for school policy and academic programming. Through the i health-related facility in our building becomes ever morea Faculty Student Relations Board, who determine the important with our growing population of faculty, staff, number of student positions on thesecommittees, we will and students. It is our opinion that such an office should attempt to secure equal student representation on all be open during peak traffic times, i.e., during class hours, committees. and should be furnished with standard firstaid equipment and cots. Accidentsand illness are a part of life. We should be equipped to handle them. 11. SECURITY - :: ■ Rosemary Gerasia Cathy Novack President Ist VicePresident 2nd Vice President Secretary Treasurer : Cindy Falk Many of us spend much time after the twilight hours studying in the library. We believe that in order to protect our own safety on this otherwise desertedcampus at night we must have adequate security. This could be accomplished, depending on student interest, either by security guards or by an SBA-funded student patrol. The latter might consist of hiring students to both patrol the building and staff an office phone. Thus, we would have an emergency phone service available to us at all times during the evening a/id weekendhours. Cliff Solomon ROSEMARY GERASIA CINDY FALK J. GLENN DAVIS CLIFF SOLOMON CATHY NOVACK When you read the following, you will not be overburdened by a lengthy platform full of promises which no candidate could ever begin to fulfill. Instead, we present to you an outline of concrete programs and policies which realistically can, and must, be effectuated if the SBA is to be more than just a figurehead organization. . 111. CURRICULUM AND PROGRAMS (1) We feel that one of the most pressing needs in the area is for a full semester legal research and writing course. Professors complain that students are graduating from the law school with no idea of how to write a brief or adequately research a legal question. The mini-writing courses offered to first-year students simply are not doing the job and we cannot expect a seminar to teach in-depth the complexity of legal research. We therefore will urge thai the Academic Program and Policy Committee institute a mandatory full semester research* and writing course with credit forall first-year students. ; of curriculum I. INTERNAL SBA STRUCTURE V. PLACEMENT Recently the administration appointed an assistant dean to supervise the placement of students in part-time jobsand upon graduation. While we might not agree with the means of appointment, it is essential for SBA to cooperate with and to support this administrator to its fullest capacities. It is the responsibility of all of us administrators, faculty and students to takeall steps possible to secure positions for students so that we can implement the legal training we have received. - - VI. LIBRARY The situation in the law' library, overcrowding/ misplacement of reference materials, and a general atmosphere hardly conducive to serious study, is of increasing , concern to law students, particularly' during examination periods. This problem can only be aggravated as an ever-growing number of students begin using the on ttys campus and as, the/projected calendar facilities changes bring the law scWl iri"line with We rest of the University. A dialogue with the adnata* should be started immediately with an'eye tdwaW' folding a solution before the start of spring semester examinations. (2) In line with improved communication and student participation we would like to have one day of the 1975 VII. ADMISSIONS AND FINANCIAL AID (J) Although we feel that the past administration made a 'Orientation Program devoted exclusively to small group good start at reorganizing the SBA so as to make it more meetings of the first-year accountable to the students, we recognize that there are third-year students who students with second- and (I) We feel that it is the responsibility ofboth the SBA would not only discuss the and the Administration to actively vast areas which are in need of improvement. One of the activities and services of our school but recruit more also would and minorities. This is especially important women most important of these is the relationship between SBA conduct informative now that of the tours Representatives facilities. and the student body. Communication between the ■amtlmiid or; page 8 students and their representatives seems to be totally lacking. Many students do not even know what the SBA does and it is not the students' fault! The Student Bar Association Is the student body! If the SBA is to reflect the student interest, effectuate changes, deal effectively by Gerry SchulU with the administration and faculty, and determine law school policy and programs, then it must work together Recycling of materials is one of those rare things that at maximum capacity (which they never do) or 5 million with an informed and involved student body. In order to indisputably accomplishes several important things gallons of gasoline per day, which is in turn equal to the achieve this goal we propose the following: simultaneously. Recycling conserves materials (thereby estimated energy yield by 1987 from a crash program to saving materials), conserves energy (because using develop oil shale. Such (a) An official SBA Publication: this would be published recycledraw material uses less energy than starting all over of waste rock equal to a6 program would produce a volume weekly by the SBA and distributed to all students and again), Lincoln Memorials every day. All reduces the amount of solid waste, and, especially we have to do to gain these faculty in the same fashion as the Opinion Newsletter. It in benefits is return to using the case of beverage would contain the minutes of the last SBA meeting, the make eminently good containers, reduces litter. It would returnable, deposit bottles. The price of the beverage will sense to start a national, large-scale not go up it is cheaper even now agenda for the next meeting and all other information of recycling program, to buy it in returnable other countries have done. Why is containers, which makes sense because interest to the students, e.g., Faculty-Student Committee this not being done?asGood when you buy it in question. a throw-away container, you are paying for the container openings. It would also provide a forum in which all According to an EPA study by Eileen Clausen: "The too. The number student representatives on Student-Faculty committees packaging of jobs lost will be small, if any are lost industry accounts for 50% of all paper at all. Certainly jobs will be lost at the can and bottle could report directly to the students. production, 87% of all glass production, 11 of % aluminum plants, but more people will be needed to handle and ship production, 20% of plastic production, and close to 9% of the (b) Open Meetings: Although the SBA meetings are now steel production. The produciton returnables. The big central breweries that depend on of packaging raw throw-away containers will be obsolete, which is the open to the student body, the meeting time and materials alone consumed 57% of the U.S. industrial reason the major brewers fanatically oppose this change. inadequate notification do not facilitate student energy consumption in 1971. The effect will be to decentralize the attendance. We will do everything possible to have the brewing industry, to of all packaging is discarded within a year reverse the trend "... that has seen the number of breweries in meeting hour scheduled sometime during theweek when of purchase90% by the consumer. 57 million tons of packaging the country go from 283 in 195ft to 64 in 1974. more students would be able to attend, rather than late enter the solid waste stream annually, including 13 million Friday afternoons. tons of bottles, 6 million tons of steel and aluminum cans WHERE YOU CAN RECYCLE and 2 million tons of plastics." (c) SBA Office: The SBA office should be a place where The most obvious place to start is with carbonated Buffalo: Glass & paper Uβ Main Campus; Glass Main any student can go for information and directions. The beverage containers: about half of all food and drink & Delevan, Central Park Plaza, Park Edge, 950 problem is that many times the office is not open and it is containers are for beer and soft drinks. 25 yearsago most McKinley;Cans -Republic Steel, 117 S Park difficult, if not impossible, to find an SBA officer or of our beer and soft drinks were sold in reusable bottles. Lackawanna: Cans Bethlehem Steel, Gate 7 director when you need one. We would require thateach Now, most of it is sold in throw-away cans and bottles. Amh : P per ~St ,ohn Luth officer or director commit one or two hours a week to Some of these cans and bottles are «an, 6540 Main St., recycled (melted down 632-6577, staffing the office so that the SBA will be entirely available and used in * Tues.-Frl., 9-3, Sat. 9:30-12; curbsidepaper this way), but most are thrown away, into the and metal pickup, call to the student body. 631-5990. garbage or along roadsides, parks or beaches. Shifting back Hamburg, Town: GfoH, cam 61003outh Park- Paper to returnable, deposit bottles would reduce this litter It Bluebird Laundry, Pleasant Ay». ■■>-.:• »' (d) Bulletin Board: The SBA bulletin Board on the sth would also reduce solid waste, conserve aluminum, steel Hamburg, floor is out of the main stream of student traffic. We will and glass, and conserve energy. A non-returnable system k Tt>wn: Ol«"r «n*"-Town-Highway Dept., push for a bulletin board on the Ist or 2nd floor in order uses 4.7 times as much energy as a returnable one. Tile lO Highland; Papers 4350 S.TayWrßt*■■ to gat imtertant informationand notices to the students. energy saved is equal to 10 nuclear power plants operating Orchard Village: - Environment: Recycling . - «V ' „„ \f ' J Par* - - _ - - • Pap* weekly pickup at cijrb, - „,,, �February-20,1,975 SBA OPINION Candidates: 5 Bowie, Alcock, Edgette & Zaetsch RThe Candidates. .. Last to have decided on his candidacy, though the original drafter of much of the platform, is Ray Bowie, who is seeking to provide a responsible alternative for the SBA Presidency. As a first and second year SBA director, as former editor-in-chief of Opinion, as Surely anyone can complain that SBA has failed ilfill its potentials, and any number of people c efine some of them, but those who aspire to SI offices must also be expected to know how to real those potentials, as thatis the true nature of the pub trust granted by election. We believe that, while began our campaigns as independent candidat together we represent a balance of qualificatio indicating knowledge of the mechanics of getting thin Ray Bowie director of the Distinguished Visitors Forum, and as a past representative on a number of faculty-student committees, Ray lends the platform the well-rounded experience with issues, people, and institutions required of an SBA President, who must be able to supply reliable leadership in a variety of contexts. done as well as of the visionof whatneeds to be don The development of our platform is unusual in Eric Zaetsch, candidate for Treasurer, is a memb that much of the platform existed, as a statement of of the Placement Committee and has reported on I proposed SBA priorities, before there were any school developments for Opinion, on which he is pho declared candidates for election, indeed even before editor. Scott Alcock, running for Ist Vice. Presiden elections were announced. That several independent, has been an SBA director this year and has served o even reluctant, candidates were later drawn to it and the SBA Budget Committee. Paul Edgette, campaigni decided to run together on it is perhaps the best for 2nd Vice President, is an accounting student with indication of the platform's strength. strong interest in Sub-Board, SBA'S disbursement We hope, of course, that this bodes well for the agency. success of our campaign. Scott Alcock Platform: To the Voter: " As the incumbent President and Treasurer, respectively, of the Student Bar Association, we believe that next week's elections for SBA officers afford students the opportunity .to insure outstanding leadership in SBA next year. Therefore, we endorse Ray Bowie for SBA President. We have both worked with Ray in a variety of areas related to SBA and can readily attest to his capability, responsibility, and conscientiousness in INTRODUCTION Paul Edgettc President: Ist Vice President: 2nd Vice President: Treasurer: . , Student Bar Association elections are with us again, generating reactions ranging from the feverish campaign fervor of a few to the speculation of many as to why these few ever bother getting feverish over something like SBA to begin with. It's a good question, particularlyconsidering the number of other activities worthy of a law student's fervor, and one that demands some straight answers. As candidates running for SBA offices on a common platform, we would be simply disingenuous were we to deny the inherent limitations upon SBA's efficacy in school governance, its past failure to perform in many Eric Zactsch RAY BOWIE SCOTT ALCOCK PAUL EDGETTE ERJC ZAETSCH Outline of Platform , , areas,where it.could be effective, or even that there are Professional Program: better things for many law students to do with their time A.' Continued experimentation with new forms of than to pour it into SBA hassles. Yet, despite its limitations, SBA is necessary, both to yd ohi lo 6.,.'¥,ffl"TVf''„ f! "lcs and protect student "interests within the institutional -jrl b|uo:b 'iMMiWiwnr-r. aril rlllw ivy.li I. '' ',' " framework of the law school and to furnishstudents with Coordinatipn-with,strengthening,professional ( h ,Jjl.., p,rogram concentrations and meeting law-related activities complementary to thoseavailable in deficiencies. the classroom. Due lo this necessity, SBA's failure to fulfill C. School should heed stud.cn,t course preferences some potentials should not obscure the potentials indicated on questionnaire last fall, and fill themselves. The'product of much' deliberation and gaps as professors depart. involvement, our platform presents, we believe, a D. Liberalization of interdisciplinary study comprehensive program to realize SBA's potentials, and toward programs is needed, reversing trend this is what accounts for our fervor. restriction. 11. Placement: I. PROFESSIONAL PROGRAM A. Strong support for dual director .both "inside" and "oQtsjde" placement services, j Permeatjng both faculty and student governance this B. and,;it u>c£ssary*,..financJaUsupport of year has-been die.question of academic priorities and tMj&udent Placement torrfmittee's efforts resource allocation. An open letter addressed to the faculty last fall by a number of concerned students toward first-rate placement facilities. C. SBA insistence upon full student participation cautioned against a weakening of professional program on in the reopened search for placement director. concentrations, while the results of a questionnaire course preferences indicated strong student support in all 111. Library: A. Support for administrative autonomy of the three years for courses closely related to the practice of Law Library from the University library law and the major specializations therein. This examination of academic priorities has proven to ,- v system. Regulation of undergraduate use: restriction to be one of the healthiest developments in recent years for B. qpper, floors, allowing law students better the law school, for it has yielded a surprising degree of unanimity among both faculty and students as to priorities access to resources of lower floors. remedied. C. Allocation of study areas between smokers and to be followed and deficiencies to beassuredly continue to While the law school must non-smokers. experiment with new forms of legal education, hopefully IV. Used Book Storee: SBA sponsorship of a used book store as a student with emphasis on expanding the variety of clinics and other means of teaching practical legal skills, service. ■ experimentation will be better coordinated with V. Financial Aid: A. Monitoring of the effect of financial aid strengthening present concentrations in the professional program and meeting existing deficiencies. criteria upon law students. Just as the initiative for this came largely from B. Negotiation with Financial Aid office for restoration of recent aid cut-backs, appealing students, SBA must remain active in watchdogging academic developments, providing constant student input to Pres, Ketter if necessary. ■' clinics, and on C. Opposition to reduction in minority student on professional interests, new courses and financial assistance needed for legal education. the successor failureof experimentalprograms. obligated that SBA We believe should consider itself VI. Other Issues: indicated on A. Support of "early stop" calendar, proposing to insure that the student course preferences the questionnaire are heeded by the faculty in future certain modifications. exert Reducing and enforcing deadlines for posting curriculum decisions. We urge, too, that SBA B. pressure to guarantee that gaps in course offerings created of grades. faculty departures quickly are filled. by upcoming several C. Definitive questionnaire on grading system The law school ought also to facilitate law students' |.; preferences. entry into joint-degree programs, for increasingly lawyers D. Better advance planning of. course sequences. materials in new with skills in related disciplines are being sought on the job ,J5,-; Separate..section for market. SBA must resist recent trends toward restricting ■.'." bookstore. to joint-degree programs. Liberalization of F. SBA effects to insure,adequate parking and access year, poitioiv State DOT to interdisciplinary study, rather than Its restriction, is I.'-," ,'' ~- l wM ~ .. " . , .' . . ; < Jaw. ,r.*«!«eivic*;i»xt •usO ..rellewMllleoportbottleneck. ■■ i a..* \ "■'■: \ft\ ■ -■ ■ ■ continued on page 6 i.i- '' '' " Mrti Bowie has served the student body in numerous capacities'over the last two years, through Opinion, through SBA, through Phi Alpha Delta, and through several faculty-student committee ■appointments. His performance in these functions has indicated a devotion to student interests which has transcended partisanship and ideology, and thisis what we feel is necessary for a successful SBA President. As SBA officers, we have strived for an SBA that is representative and effective. To this end, we endorse Ray Bowie for the SBA Presidency and urge you to vote for him on February 26 and 27. '' , . ,. , public trust. ' "" ,, pop Lohr £d Zagajeski 11. PLACEMENT No less important than a strong professional program is the need for continued SBA support for the improvement of placement services, a goal whichhas been undoubtedly harmed by the waning commitment of the Administration. A solid academic curriculum without adequate placement for graduates is virtually useless to most students here, as was recognized in the recommendation of the ABA/AALS inspection team three years ago that the school improve placement services if it was to aspire to first-rate status. The recent actions of the Administration, which SBA deplored because they were undertaken without student consultation, have effected a serious set-back to the concept of a dual-director placement system, wherein the school had promised to provide both "inside" and "outside" placement services. We believe that the SBA must hold the Administration to its original commitments to a dual-director system, and this translates into moral and, if necessary, financial support for the student placement committee in its struggle for a first-rate placement office here. Now that the search for a placement director will be resumed, SBA shouldinsist upon full student participation stages of the search and in the drafting of the job's all in qualifications. 111. THE LIBRARY The law library is to law students what the laboratory to science students, or at least it should be. The University has, however, been slow in recognizing this, and hence the law library is becoming more and more unsuitable for legal research: staff cuts haveresulted in less is shelving; acquisitions have sagged behind demand; undergraduates needlessly monopolize prime study space; and smoking policies have generally not been enforced. SBA must support the taw librarian and the faculty in their request for administrative autonomy from the control of the University's library bureaucracy, whichhas Ignored the special needs of a law library. Administrative autonomy will make it possible for the law library to - ' continued on page 6 �, otitiMi' 6 .Februaryj^0.1975 Outline of Platform: VIII. SBA Constitution: A. Revj s ion of outdated provisions of SBA Constitution. H. Replacement of obsolete committees with ad B. hoc task forces created to deal with specific issues. I. School Governance: Budget: SBA Creation of formal communication channels VII. A. between faculty committee representatives, A. Investigation of possibility of budgetary independence of Sub-Board, fewerdelays with the SBA, and thestudent body. vouchers. B. Strong defense of student interests in Emphasis thatSBA funds are a public trust. negotiations with Administration. B. C. Fair consideration of all budget requests, X. Legal Research Project: subject to equal scrutiny, with an end to SBA sponsorship of new program to provide students with equivalent of clerkship experience in "knee-jerk"allocations. Liberalization of fee waivers or reduction law school, researching memoranda and briefs at D. in request of practitioners. activity fee to eliminate budget surpluses. - continued from page 5 G. Greater SBA interest in law intramurals. Better security protection, more lighting and return of first-year lockers to the 2ndFloor. More social functions, "happy hours," in O'Brian Hall. IX. Brady Talk - continued from page 3 i CB: Scrambling for alburns has been rather Interesting. First thing we did was raid the old middle-of-the-road library and found an awful lot of stuff they didn't know what to do with, like old rock and Judy Collins. We traded with record stores, and are using loaner albums. It's a matter of time to back-order some of the older things. Music -wise we're in pretty good shape; about 4,000 albums. I'd be happy with 10,000, soon we'll have a workable 6,000. I cannot get into '50's rock androll. The '50's weren't fabulous. There was Eisenhower, it was boring, and the music was bad. I wish people would leave it alone. CSH: Do you have any favorites outside of Harvy Mandel and the Jefferson Airplane? CB: Butterfield Blues Band, Fatheringay, Joni Mitchell, everything. Bowie, Alcock, Edgette, &Zaetsch: Platform -restrict continued from page 5 .: undergraduate use to study areas other than the disastrous, both in time and money, for numbers of second and third floors, where heavy use of law materials students each semester. A reduction in the deadline, by law students is essential. Similarly, allocation of study i setting it perhaps two or threeweeks following the date of areas between smokers and non-smokers would be the exam, must be coupled with reasonable sanctions, if facilitated, so that the personal preferences of both could I necessary, to insure its enforceability against faculty noncompliance. be accommodated in the library. s • IV. USED BOOK STORE Grading System: SBA should prod the faculty toward some definitive settlement of the nagging grading One facility which many law schools have and which; system question this year, and to this end, a student we noticeably lack is a used book store operated by the questionnaire similar to the one last fall on course SBA as a student service, through which students couldlist preferences should be taken in classes on the subject of used books for sale, the SBA would serve as a grading system preferences. Whatever the questionnaire clearinghouse for buyers and sellers, and an insubstantial results, SBA should undertake to have the faculty resolve fee charged for the transaction to remunerate the book the matter tn accord with student preferences, where such store operators. Since there are a number of students preferences are concfusively determinable, from the experienced in operating used book stores, SBA needs only questionnaire. Prior to circulating the questionnaire, SBA to supply the facilities and the initial support, and we should publish the advantages and disadvantages of the could have a used book store in operation by the end of various grading options as seen by recent graduates, area the semester. Mary Lou Palesh, Law Bookstore Manager, practitioners, our own faculty, and current students. has pledged cooperation in the endeavor. Course Scheduling: Some assurance needs to be V. FINANCIAL AID given students as to .what course* will be offered severalsemesters in advance, as there are certain course sequences While SBA can do little directly toward modifying the that are often followed and it would help to be able to financial aid criteria employed by the,University for that depend.upon the future availability of such courses in purpose', the' SBA should at least monitor the effect such order to plan adequately. Classes, and particularly criteria are having on law students, how well their expenses seminars, should be offered at variety of times during the a are taken into account, and to what extent full unniet day each semester, so as to; accommodate the substantial need is covered in each instance. number of students with outside commitments in the Cut-backs in aid for many students this year are of morning or afternoonhours. great concern, and reports that numbers of first-year students discontinuedtheir studies this fall due to financial Bookstore Move: With the planned move next year difficulties are extremely distressing. If negotiations with of both our Bookstore and Snack Bar to Baldy Hall next the officers of the Financial Aid Office prove unavailing, door, SBA must demand assurances that the seating and SBA must be prepared to go all the way to Pres. Ketter to service will be adequate in the new snack bar and that a make a case for more equitable financial aid coverage. separate section of the bookstore will be devoted to law The most serious development in this regard is the materials under the experienced supervision of Mary Lou cut-back effective this year in minority student financial Palesh, the current manager. assistance, which has resulted in a drastic decline in minority admissions this year and may reduce aid to Transportation: With the increased number of continuing students next year. In the interests of fairness students on the Amherst Campus, SBA must work with .to minority program students, SBA must oppose any the University to insure that parking near O'Brian remains reduction in the financial assistance upon which they adequate and that bus runs keep pace with rider volume. relied in accepting admission to thislaw school and upon In addition, SBA should make an effort to get the State which they are now dependent for their legal education Department of Transportation to do something about the costs. Millersport-Maple traffic bottleneck, as the situation is bound to worsen once relocation work is begun on Millersportt. VI. OTHER ISSUES * * * * With the exception of governance issues (which follow), other issues likely to arise in the near future include those below, and SBA should move shortly in acting upon them. Calendar Reform: Already the Registrar has drawn up two options for next year, the current fall calendar system and an "early stop" alternative with exams before An "early stop" calendar is«urely preferrable i Christmas. to the current one, and SBA should issue a qualified endorsement of the option, expressing reservations as to the study time before exams (3 days) and the proposal for exams on Saturdays. We would continue to press for the beginning of an "early stop" fall semester in the last week of August,thereby loosening up the tight exam schedule in -1 December. An "early stop" calendar, despite its advantages, should not put students under greater pressures during exam week, and SBA must work closely with the Registrar to guard against this. As to the spring semester, SBA must demand that the vacation period include both Easter and Passover holidays. . * * Law Intramurals: The opening of the "bubble" for intramurals should provide impetus for greater SBA interest in law student intramurals, as better coordination, more publicity, and greater opportunity for women's intramurals are needed. The proximity of the "bubble" should permit better scheduling of free-time recreation hours. usually. CSH: This station "Filled a void." WGRQ is changing, going into PHD's Top 50 format, also lifting PHD's last staff. Are they also going to lift your audience? CB: I don't know. They'll probably take some of ours, and soon, when we go stereo, and compete equally, we'll take some of theirs. We're worlds apart in programming. The difference will become discernible after you listen fifteen minutes. Let them go after their Number Oneaudience. Maybe they'll get it. Who knows? I don't care. Sooner or later we'll reach people. This is a major market. We go where they don't. After a while they'll smell things like computers, mediocrity, repetition, and so on, and thenwe'll have them listening to us. CSH: Will progressive rock continue? It seemed dead. CB: That's because someone took it away. It was always there. The PHD worth saving was two yearsago innovative, fresh. WGRQ has money, can hire anyoneand hype up Buffalo. We're radio where the audience decides. We're selling something people can have free of obligation at home. If they don't like it they can listen somewhere else. Therefor*, il doesn't make sense to tell people, "Hey, we're Number One, we're computerized" Thatcould hurt their credibility. CSH: Are you really 22? V3« h CB: Yes. CSH: Has that been a disadvantage? CB: I donit know. Some people say I'm a child prodigy, a genius, which is embarrassing. Some think you're too youngfor yourbritches, usually senile, or prematurely senile people. CSH: Do you think you'll stay in radio? CB: If things don't work* out here,. communijy ratings, k whatever, I have no urge to'continueSn radio, riot into the "WOLD" trip at all. I have another business I'ffi interested in. CSH: Would you |ik,e to.make a statement? CB: No matter how much you hype up an audience, the bottom line is that the audience decides. Not the guy who blows the money on the air, or the guy who does the commericals, not the man who creates the image and sells the product. The consumer decides, and our consumer is the audience. The audience is under no obligation to listen simply because they heard a TV commercial, radio spot, huge billboard, or anything that said we're gojng to be Number One, because audiences are not that stupid. You can fool some of the people some of the time, but you can't fool most of the people all of the time, or something to that effect. What we offer here is sincere, honest, human radio. We make boo-boos, but I like that. I'm getting tired, sick and tired, of hearing people sound like machines, machines trying to sound like people. Instead of yelling you to death, they'll whisper you to death. That's what radio has come down to in this market. CSH: You won't be givingaway money? CB: Oh no, hell no! We may kidnap people to try and raise money, but No money, no money cars, no hype. . - \ - — Security: Recent incidents of theft and harassment in O'Brian Hall must focus attention on the security Cal Brady is heard wceknights 9 p.m. to midnight on problem. While reluctant to condone an oppressive degree WBUF-FM 93. of surveillance, increased rounds of the building by. Campus Security in the evenings and on weekends might sba be explored. At very least, better lighting is needed in certain areas of the building, particularly the basement, and the first-year lockers should be moved back up to the second floor once the Snack Bar is moved out. * Belated Valentine's Day Social Functions: To meet obvious student demand, SBA ought to increase the number of beer and wine functions in O'Brian Hall substantially, perhaps so that "happy hours" could be held in the building on varied Delayed Grades: The SBA must seek a reduction in afternoons every other week or so. y the deadline allowed faculty for posting of final grades, as continued on put S the uncertainty generated by the present system is often * CSH: How are you goingto collate the audience participation you've asked for? CB: I read all the letters, and try to get a feel to do what people want us to. A lot of people have been writing in, which is surprising. It takes a lot to motivate someone * - J&ifo, "jJ§K|K '^gs^S Wine & Cheese PAriy Fth, Feb. 21 -2.00 p.m. �g«brMaiy2O,l97s: OPINION 7 Opinion ToßeorNotToße Sports The CaliforniaPlan The most formidable of the certification programs in existence is the California plan. It authorizes the certification of lawyers in the fieldsof tax law, Workmen's Compensation, and the defense of criminal cases. For certification as a criminal defense lawyer the plan requires ten years of practice for eligibility under the grandfather clause and five years for those without grandfather rights. The practitioner must make a satisfactory showing of specific experience in handling a certain number of jury trials, hearings and other related matters. In addition, the defense lawyer must demonstrate special SECOND HALF education in criminal law and must pass a W L written examination. Those who enjoy grandfather Cosmic Demons page continued from 3 I rights 1 need not take a written test. An applicant Red's Boys 2 callous practice in the field of criminal law must furnish the names of eight persons 1 seven Dribblers constitutes the most serious threat to the proper lawyers and a judge 2 1 who may vouch for the Schlegel's Bagels administration of justice and simply cannot be practitioner's proficiency in the fieldof criminal law. 1 2 Barristers tolerated. The board also solicits letters of reference from four 1 2 Flyers Judicial alarm has been expressed over these* other lawyers or judges practicing in the applicant's 1 3 distressing episodes of professional ineptness. On community. November 26, 1973 Chief Justice Warren E. Burger FIRST HALF L W complained about the low quality of present day The California plan is being used as a model for advocacy. On December 6, 1973 Chief Judge Irving New York's proposed program Red's Boys* 5 0 now being drafted by 1 Kaufman Schlegel's Bagels expressed of the Second Circuit his 3 the Committee on Specialization in the Defense of 2 unhappiness lawyers over the lack of skill of who Barristers Criminal Cases of 3 the Criminal Justice Section. 2 I appear in his court. He has urged that new rules of Although the problems in California are similar to Dribblers 3 2 adopted to raise the teval of practice in those experienced here, the committee is searching admission be Cosmic Demons I 1 4 the court of appeals. out differences which might require certain Flyers: .1 4 This situation is responsible for the organization variations. However, an immediate investigation of committees throughout this state and across the would seem to indicate that the California plan is for �Clinched playoff berth country to study and develop means for evaluating the most part compatible to New York. I the qualifications of lawyers competent to render The potentials of certification of specialists are 'C.-J ...,-..:RESULTS effective legal assistance in special areas of practice. unlimited. It will not only improve our service to the One of the positive campaigns launched to public and provide an incentive for enhancing our assure a greater degree of professional fitness is a professional skills, but will allow far more control Cosmic Demons 51, Schlegel's Bagels 49 program of certifying lawyers who specialize in the over the standards of our practice. Not as a police Flyers28, Barristers 25 defense of criminal cases. California and New Mexico) force seeking to discipline those who misbehave, but Dribblers 41, Cosmic Demons 34 have already adopted such programs and Colorado, as an affirmative impetus to encourage lawyers to Florida, Kentucky, New Jersey, Oregon, Texas, continually keep abreast of new developments in the Washington, Wisconsin and of course our own state, law. For instance, certification should not be have similar programs under consideration. permanent, but renewable periodically. Certified 'fhe's'e' p'tins"prbvide'fdr the certiftcattdn of the■lawyers' should be 'required to submit to criminal defense lawyer after he has met certaini re-examination every five years to make certain that strict qualifications. Every program initiated so farisI their knowledge and skills are equal to the growing voluntary and merely allows the attorney to notify idemands of their work. the public of his certification. No lawyer will be foreclosed from practicing in any field of lawi An understandablefear has been expressed from because he is uncertified. Other areas ofF one quarter of our profession that certification may specialization under consideration are tax law, become political. Some are worried that the board, Workman's Compensation, labor law, bankruptcy, composed of lawyers and judges, will favor the domesticrelations and immigration law. "status quo" and discriminate against those lawyers Certifying defense lawyers will certainly upgrade who handle unpopular causes. This concern is their performance. But already resistance is i unwarranted but, in any event, such a danger can be by Dave Geringer mounting in certain sectors of our profession. Thisi avoided by fixing standards of certification that are criticism is disappointing because much of it is objective rather than subjective. Requirements that Continuing their winning ways, the wrestling Bulls won four of motivated by self-interest. consist of years of practice, trial experience and their last five contests to pace Buffalo's intercollegiate squads with a We must never become so fascinated with the testing procedures which are objective will not allow 14-2-1 record. The basketball Bulls lost four consecutive times (the art of our enterprise that we lose sight of its human for the exercise of much discretion and should avoid first three in overtime) as their record dropped to 6-13, while the goals service to the public. The people are our discriminatory certification. clients and they must be our major concern. We hockey Bulls dropped three contests, ending their playoff hopes. The Wrestlers' recent successful streak was marred only by a 17-17 must put aside considerations of self-interest and tie against Syracuse at Clark Hall, the first time the Bulls had not won economic gain and focus our attention on the It saddens me that I have had to say some unpleasant things about the legal profession in this at home in four years. Heavyweight Charlie Wright, who ran his public's needs. season's record to 13-1-2, pinned Syracuse's Bill Brown to earn a tie Even though a certification program is article. But I am optimistic about the future. I have against the Orangement. Wright's subsequent last-match victory over voluntary, it is bound to have a healthy impactupon enormous confidence in the young people of this Mackey Tyndall at Brockport gave the Bulls a 19-18 win over the professional competency. 18-b assignments may country who are pouring out of law schoolsand are Golden Eagles, while Buffalo also ripped Ashland (37-6), Cortland eventually go to lawyers who are certified. Attorney rushing to our aid and reinforcing our ranks. Young (33-12) and Guelph (40-6) in preparation for their final regular-season reference services may begin selecting lawyers who lawyers who are spending their ingenuity in trying to have certified specialties. Salary raises in the offices expand the dimensionsof individual liberty and who match against formidableCleveland State. of prosecutors and public defenders may be have forfeited the comforts of commercial success by giving their all to the underprivileged and the influenced by certification. No playoffs Martindale-Hubbell may ultimately carry a foresaken. They have energized our profession, have The hockey Bulls dropped a pair of home contests to Western specialization membership of and enhanced our reputation, and have set an example statement in Collegiate sewedup the Central Michigan 10-3 and 7-4, as the Broncos Hockey Association playoff berth that was on the line in that series. specialized bar associations may be conditioned for all of us. They will embrace a program of After a victory at Brockport, the Bulls saw their ECAC playoff chances upon certification. These factors, which are certification and make it work. go down the drain with a 64 home ice loss to American International. illustrative only and are by no means exhaustive, will If we are to fulfill our compact with the The basketball Bulls lostall four.of theirrecent contests, falling in make certification attractive for 1most lawyers. Once a system of certification is installed and community, we must devote ourselves unsparingly to Overtime to Geneseo (77-70), LeMoyne (83-77) and Youngstown (100-98) before a 97-80 defeat at powerful Central Michigan. Geneseo the profession becomes accustomed to it, resistance the task of improving our skills and raising our tied up their contest with the Bulls in regulation time as a rebound of a from remote areas will wear down and more and standards of practice. Patience is a virtue we can no missed free throw caromed into the basket off the head of Bull center more lawyers will seek that official designation. longer afford. If our profession is to continue toplay When the program has received full acceptance and a role in influencing the destiny of our people, then Sam Pellomm. embraces all of our members, then the time may a rigorous and unflaggingsense of integrityand pride come when our courts will insist upon certification of professional achievement must be qualities prized Postel burns Buffalo two-point lead evaporate as a prerequisite to the trial of a criminal case or above all others. When the time comes that a At Memorial Auditorium, Buffalo saw a at the buzzer as Youngstpwn's Steve Postel canned a 35-foot jump other special form of litigation. Obviously this certification program is submitted to the bar for Shot at the end of regulation time.Postel subsequently hit a jump shot circumstance involves some very serious approval, hopefully it will be welcomed and {with five seconds remaining in overtime to send the Bulls down to considerations and due process consequences that ultimately adopted. And perhaps tomorrow our against will have to await a time when we are closer to that profession will be restored to its rightful place of b«fea,ti,<e?ffalo, concludes its schedule withiliome contests being the most noble of all. reality. Tuesday and crosstown rival Buffalo State March 1. Basketball Standings . . - - • .. > '•, ,, Wrestlers Pace Bull Sports ,, : — fcodiertwiwM — �February 20,1975 OPINION 8 Bowie, Alcock, Edgette, & Zaetsch: Platform, Gerasia, Falk, Dayis, monthly round-tabie conference of — Novack& Solomon: representatives and SBA officers, for mutual exchange VII. • information. Especially time when the law school's MasterPlan a Platform SBA has often, and justifiably, been criticized for the decade is about be debated by the faculty, it is committee, of; continuedfrom page 6 SBA BUDGET at most for delay in the vouchering of organization budgets and supplies, this process sometimes taking months and undermining organizations' relations with creditors. No organization should have its programs disrupted because of either SBA or Sub-Board lassitude, and if Sub-Board is unable to process SBA vouchers more effectively, then SBA should investigate the possibility of handling its own budget and issuing checks directly through a bonded Treasurer. Other student governments in the SUNY system have found budgetary autonomy both more efficient and less expensive, and SBA should at least explore the possibility of avoiding the Sub-Board bureaucracy. As for the budgeting of student funds, SBA holds such funds as a public trust, collected as they are through a mandatory assessment, and should make allocations only after serious consideration of the benefit that will accrue to the student body fromeach allocation. Every allocation request must receive a full and fair hearing, but funds should never be allotted, as they unfortunately have been on occasion, in a knee-jerk fashion on the basis of ideology or vested interest alone. Lastly, with the expansion of the student enrollment, SBA has been accumulating surpluses from fee receipts each year, even with full funding of all existing activities. Consequently, to eliminate the surpluses, we propose either a liberalization of the fee waiver criteria, so that debts other than education loans could count in a student's total indebtedness, or an actual reduction in student fees to a more reasonable level. X. LEGAL RESEARCH PROJECT SBA currently funds several academic activities such as Moot Court and Buffalo Legislation Project, which facilitate the development of student legal skills, and the SBA should develop yet another, a Legal Research Project which would provide a large number of students with clerkship experience in the researching of legal memoranda. The Project would operate by soliciting the alumni and local practitioners for various legalproblems for which they need research done. Students interested in the particular problem would be assigned to research it, draft a memorandum on it, and transmit it to the practitioner through the Project. The Project would, consequently, be providing the equivalent of clerkship experience to students without office jobs, potential employment contacts with practitioners for whom students complete assignments, and possible income to the students through charging practitioners for the work at a reasonable per page rate. - continued from page 4 in state financial aid are preventing many students who may have been admitted to the law school from accepting. We would also urge that the Admissions Committee formulate its policy to review all applications on their individual merits, rather than placing too great an importance on paper scores [LSAT and GPA]. recent cuts (2) In the past, universityrecruitment of minority students has been, in part, facilitated by the granting of tuition waivers to those students in need. This form of financial assistance is slowly being eliminated. The University should be pressed to fulfill its committment to those who are presently enrolled, and should explore the possibility of fully re-establishing the tuition waiver program or of finding alternative means of financial aid. This University has the responsibility to provide a legal education to well-qualified minority students, and selective budget cutting should not be used as a reason for virtually eliminating the minority student program. Buffalo Chips AT THE POLLS VIII. SBA CONSTITUTION As has been recognized for over a year now, the SBA Constitution, once adequate for a small school on Eagle Street, is now simply unsuited to the organization's operations. A constitutional revision committee, activated last spring but since defunct, must be reactivated and urged to finish a revision for submission to student referendum in September. While flexibility as to possible revisions needs to be preserved, one suggestion deserving consideration is to replace obsolete SBA committees with ad hoc task forces of students interested in investigating particular issues. Such task forces could be created and dissolved as the need requires, thus preventing the institutionalizationofinactive committees. IX. SCHOOL GOVERNANCE While students are adequately represented on most faculty committees here, a perennial defect has been the lack of communication among the student committee representatives, the SBA, and the student body itself. This defect in the governance structure, attributable to the absence of any formal communication channels linking faculty committees and the SBA, has put the SBA at a constant disadvantage in dealing with faculty and administrators who have a more comprehensive view of developments due to greater communication. The remedy we propose is the creation of the needed communication channel, through which student committee representatives might be able to inform one another of developments in each other's committees and perhaps even agree upon common approaches to various issues. One possible mechanism for this could be a � to imperative that student representatives be able to play a more active role on their respective committees and assume a more equal partnership with the faculty. In its dealings with the law school administration, SBA must negotiatealways in good faith and readiness to compromise, but on the other hand, SBA officers must be willing and able to forthrightly defend student interests. In each SBA election, though the student body is invited to go to the polls, what unfortunately often happens is that a minority of the student body actually will determine the directions of ihe SBA for the coming year. This is indeed doubly unfortunate, since it often means thai SBA's potential to benefit so many students will actually benefit only .1 few and that the whole organization will become moribund once ihe needs of those few are satisfied. Some will undoubtedly go lv the polls to vole for their friends, others to protect the SBA funds Ihey receive, and still others to project some sort of ideology through SBA, but these voters are often the ones who least perceive the public trust that rests with SBA. This pisiform is devoled to benefiting the majority of students at the law school and is premised upon the assumption thai this can be done without partisanship or the exclusion of any special interesl. We are a community of under 800 students in one relatively isolated building, and while we all have our ideologies and our special interests, the rancor and divistveness that have arisen in SBA at times have been simply unnecessary in such a closely-knil community. As long as SBA is open lo students of all perspectives and interests, striving always for reasonable compromises, we feel that the public interesl will be served. To insure this, responsibility rests upon each student even more than upon the SBA candidates themselves, a responsibility to weigh the merits of the platforms and to take the time to vote. We have done our best to construct a responsible platform on which qualified candidates, regardless of their differences, could run. The rest, as always, is up to the voter. ISBA ELECTIONS FEB. 26 & 27k ■/ EXECUTIVE OFFICERS H^~~~ 13. - , J ■ 1 1 ' BT^^bßB7 I-'- I I-' 1 I 1 I " FEDERAL TAX Z ' I l~ — —j - ■continued from page 3 A number of investor-owned electric utilities take particular advantage of this special tax provision. Consolidated Edison of New York, the nation's largest electric utility, qualifies 100% of its dividends as tax-free, and has paid out $368.6 million in tax-freedividends since 1954. Some economists and accountants, as well as the general public, find it particularly difficult to understand the justification for providing income tax benefits of this form and magnitude to the investor-owned electric companies and their stockholders. Conclusion PRESIDENT, Ist VP, 2nd VP, TREASURER & SECRETARY J IST & 2ND YEAR DIRECTORS ,/ FACULTY-STUDENT RELATIONS BOARD � VOTING ALL DAY � 2nd Floor, near Library Please read the Candidates' Platforms In This Issue of (Answer to last issue's Puzzle) Opinion The combined effect of the tax benefits provided to electric utilitieshas been to substantially reduce their tax liability. Between 1955 and 1972, while the amount of revenues increased from $7 to $25 billion and net profit from $1.2 to $4.4 billion their federal income taxes actually declined. Taxes as a percent of revenues declined from 13.6% to 3.5%, and taxes as a percent of net profit declined from 79% to 20%. In fact, theutilities paid $229 million less in income taxes in 1972 than in 1970. During the past 20 years, while the taxes of investor-owned utilities were declining, per capita income taxes of individuals more than doubled and corporate taxes increased by 50%. The experience is clear that to the extent a major industrial sector can derive substantial tax benefits, the tax burden is shifted to individual taxpayers. Corrective tax policies can be developed and adopted only through responses from an enlightened and contented public. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-02-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/20/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bef8cea62651a8dcbe4e54e6d8f33ce2.pdf 5481b9116d0bac1014641f44d51bfe63 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 15, Number 9 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School ofLaw March 6,1975 Misunderstanding Claimed Gerasia Ticket In Flynn Controversy Sweeps Election by Ray Bowie number of job vacancies and advertise them together, delays reIn a recent report to the Stud- sulted in getting the advertisement Bar Provost RichAssociation, ent ■ into print. Accordingly, said the ard Schwartz discussed the events; Provost, the placement directorsurrounding the placement con- ship ad was not run in the Times troversy from the administration's I until December 22. perspective. Events then moved at such a Noting wide student dissatis- rapid pace, revealed Schwartz, faction with the lack of consulta- ■ that Mr. Fleming was unable to tion afforded students in his contact students quickly enough attempted appointment of a new to allow them to participate in an placement director in January, expedited interviewing schedule Provost Schwartz cited a "mis- necessitated by Gov. Carey's anunderstanding of events leading to nouncement of a State hiring the situation." freeze effective as of January.B. By Dec. 22, when the ad was run, For two years, he explained, classes were already out of sesthe Law School had attempted to sion, he explained, and Fleming secure an administrative line fora had been urged only to beat the placement director. As variousi hiring freeze, with Dec. 31 set as sonnel Office refused to accept offices within and without the the deadline for applications. Mr. Flynn's qualifications as adeUniversity resisted a separate Mr. Fleming, Provost Schwartz quate equivalents for the original. placement facility for the School, added, had expected to include Schwartz informed SBA that the best that could be obtained student participation in the inter- the search would have to be relast year was the use of a faculty views which followed, "but the opened now and pladged to inline for partial placementand par- freeze impelled quick action at a clude both students and alumni tial teaching functions, which line time when the students were un- on the search committee. While has been occupied by Ms. Pat available." the PR-3 salary range will be Hollander. maintained, he told Opinion that Acting alone, Fleming used the hte job qualifications have now With the freeing this fall of the administrative line formerly occu- job qualifications to select two been revised, in consultation with pied by the Assistant Dean for out of the 38 applicants foractual the student placement committee, Student Affairs, Provost Schwartz interviews. Four former or present to include three years experience said that a possibility opened to Presidents of the Law Alumni in either legal practice, executive reclassify that line for use by a Association were then invited, ac- placement, or administration. Hoping that the hiring freeze full-time placement director. cording to Schwartz, to interview Since the line had a salary ranking; the two candidates, the Adminis- may lift somewhat later this of PR-3, paying between $18,000 tration inviting them to do so in spring, leaving the University with and $22,000, the administration the belief that alumni input might some discretion as to new hiring, felt that it would be attractive be a good test of how employers Provost Schwartz added that he enough to secure the services of a might react to a placement direct- hopes to schedule interviews of lawyer with contacts in the pro- or. The four Hon. Rudolph candidates in the last two weeks fession, who would then be able Johnson, Hon. M. Dolores Den- of April. The SBA has been asked to serve as the School's "outside" man, M. Robert Koren, and Harto provide 50% of the total adverplacement officer. old Brand advised against both tisement and travel expenses conThe Law School, Provost of the two candidates on January nected with the search, totalling Schwartz continued, tried to re- 3, concerned that neither would aboutslsoo. classify the PR-3 line from stud- make the right impression upon ent affairs to placement and a var- employers. iety of other administrative funcI m mediately thereafter, Protions. The reclassification was ac- vost Schwartz said that local recomplished later in the fall, and commendations led to William Assoc. Dean Fleming assumed re- Flynn, a 1974 graduate, being sponsibility for chairing the search interviewed as a candidate. Folcommittee for candidates in No- lowing an interview by the alumni vember. Due to the PR-3 salary presidents' committee and favorrange of the line, strict qualifica- able reactions, Schwartz stated by Louise Tarantino tions, the Provost told SBA, were that he offered the job to Flynn necessary to justify the use of the on January 7, the day before Michael Davidson, visiting assoline for placement and related Carey's freeze after two other ciate professor at this law school, functions, these being established prospects had declined to be con- has recently been appointed to the Governor's Task Force on as two years of legal practice and sidered. The offer ran into trouble, the Housing, an advisory committee one yearof administrative experiJanuary designed Provost later admitted, in to assist Governor Carey. ence. The difficulties began, when the University blocked Schwartz related, when the Flynn's appointment for failure to Chaired by former Secretary of School first sought to advertise meet the original job qualifica- Housing and Development Robert laid tions. Schwartz toldSBA the opening. Plans had been Provost Weaver, the committee was creatto place advertisements for the that he had made "a mistake" in ed to consider and research stateplacement directorship in the equating Mr. Flynn's clerkship ex- wide housing problems, including local newspapers, The New York periences and Law Review editor- the state of New York's Urban Times, and several legal journals. ship with the three years of prac- Development Corporation, abandHowever, since the University Ad- tice and administration required onment and rehabilitation, rent ministration desired to collect a for the job. The University's Pec- control, building codes and co- , * , : : — — The "Get Involved" ticket, headed by presidential candidate Rosemary Gerasia, scored a clean sweep in last week's SBA elections. Ms. Gerasia defeated Ray Bowie for the SBA Presidency, 232-142. Cynthia Falk was elected Ist Vice President by a 152-120 margin over Scott Alcock, with Michael Kilburn third with 88 votes. Glenn Davis was victorious over Paul Edgette in the contest for 2nd Vice President, 178-142. Cliff Solomon edged Carol Baron in the race for SBA Secretary, 176-167, while Cathy Novak swamped Eric Zaetsch in the Treasurer's contest, 211-138. Six second year directors were also elected. Ralph Chervenak, Brent Wilson, Warren Gleicher, Jose Sosa and Margaret Wong, who were on the ballot, as well as Larry Meckler, who wasn't, were elected. The contest for first year directors was marred by the omission of two of the candidates' names from the ballot, and will have to be held again at a later date. Hodgson Calls for Guardianship . "The only way to protect the Rights to be protected legal rights of the mentally "Thr rights of the retarded retarded is through guardianship," which must be protected are those commented Robert J Hodgson which are established for all before about twenty studentsand persons, by constitutional, case faculty on Monday, February 24. and statutory law," stated Mr. Mr. Hodgson, a lawyer, is Hodgson. He mentioned these as director of the New York State the rights of due process, privacy, Association for Retarded Children. In that capacity, he explained that he is particularly concerned with the 'legal* rights of retarded persons, as opposed to whar are broadly termed "Idealized social rights" that are often claimed on behalf of the retarded. Furthermore, Mr. Hodgson indicated that when he speaks of 'rights, he is not referring to "the debatable right to life of the unborn retarded." Knowledge of the potential mental ability of the unborn is becoming increasingly more available with the development of pre-natal testing devices. , counsel, and no enforced labor, among others. Mr. Hodgson commented that unfortunately the right to vote is often "taken advantage of by some of the institutions," adding, "sometimes you wonder just who is pushing thebutton." The major area of conflict for the retarded is that theyare often presumed competent at the age of 18,unless a guardian is assigned to them. At that age, they are simply "dumped out of the state institutions," according to Mr. Hodgson. That is the crucial time when a law guardian should be assigned. - continued on page4 Davidson Appointed To Task Force , , ordination of the State's housing and enforcement facilities similar to those available in New York Davidson is involved in a sub- City/ 1 including special legislation committee on abandonment and for housing. Davidson also supports the rehabilitation. Prior to this term, Mr. David- "uniform applicability" of this son directed an office in New legislation statewide, rather than York City's Housing and Develop- its being limited to the New York ment administration which repre- City area. sented the City in Housing Court The task force, which is made and enforced housing codes and up of six sub-committees, is expected to make its preliminary rent control regulations. Prof. Davidson expressed an in- recommendations in early March. terest in the effect of the Task Davidson currently teaches a Force Committee Report on first-year small group elective on Racial Buffalo's housing situation. He and Economic Discriminasupported the "desirability of tion in the Location of Low Inauthorizing Buffalo the resources come Housing. agencies. �March 6,1975 OPINION 2 Editorials Change the Vacation An interesting aspect of the policy of this University regarding vacations has been the curious practice of scheduling the Easter vacation during the early part of March. While the reasons for this strange policy are apparently shrouded in mystery, we believe that the schedule should be changed in future years. The spring vacation should be returned to the traditional period at the end of March, thus encompassing both Passover and Easter much of the time and allowing students time off to celebrate the holidays. This would be another step towards improving the entire law school calendar if adopted in conjunction with the proposed "early" calendar. A Move Forward Recently, Professor Al Katz rendered a service to the law school community by offering several lectures on the subject of federal jurisdiction. The sessions were well attended and informative. We think that it would be an excellent idea if some other faculty members would find the time to deliver a few lectures about a topic in which they are particularly well-versed. Mr. Katz' example, if followed, would open up a new field which would benefit the law school community as a whole. President' s Corner by Don Lohr Although this column will serve as a farewell, I sincerely hope that it will mark the beginning of a new era for the Student Bar Association in which the underdevelopedpotential inherent in that body begins to be exploited. To thatend, I propose the following recommendations, based upon considerable experience. As to organization, the SBA Constitution should be completely revised so as to provide for, among other things, a Student Judiciary. The need for such a forum was obvious in connection with the Opinion election dispute. In addition, I firmly believe that the Second Vice Presidency should be eliminated and the function of liaison with the University should devolve upon a triumvirate of directors. Furthermore, the total number of directors should be reduced from six to threeper class. Finally, in order to insure to a greater extent that students are effectively represented on faculty committees, each director should be obligated to sit on a faculty/ student committee. Regarding functions, I would recommend earmarking a substantial part, perhaps as much as seventy-five percent pf the.entiic budget, for use in connection with the establishment and operation of a full-time professional placementseryice. , .■ . I would strongly advise against the funding this taw school was hosting such convention, simply because the benefits which accrue to the students at large and arguably to the particular organization involved are minimal or outweighed by the countervailing costs. Additionally, I believe that the reinstitution of the Professor of the Year Award, to be awarded on the basis and in recognition of faculty/student relations. These recommendations are intention of improving the Student Bar Association and thereby redounding to the benefit of students and the law school. put forth with the Alumni Honored The Law Alumni Association has announced the recipients of its J. Bellomo for Judicial Service; Robert W. Grimm for Public Service; M. Robert Koren for Private Practice; and John E. Leach for a Special Posthumous Award. Outstanding Alumni Awards: Hon. Sebastian The awards will be presented to the honorees or their representatives at the Alumni Association's Annual Dinner Friday, March 21, at the Buffalo Athletic Club. The dinner, an annual fund-raising event, is being organized this year by Harold J. Brand, Jr., from whom tickets are available at $15 per ticket and $10 per escort ($25 per couple). Attendance at the festivities, which begin at'6p.m., is not limited exclusively to alumni. Spouses, guests, and members of the legal community are also encouraged to attend. Tickets have been sent to those on a mailing list, and returns for tickets that have been sold should be made no later than March 14. Ticket purchasers are asked to advise if an individual, a firm, or an organization desires to reserve a table (10 per table), or if anyone wishes to purchase a ticket to be given to a law student in the name of that lawyer or.firm, ~..,,.,. •j, ,.v, sl ;,'.,-... >~j. M LOST y BRAIDED WEDDING RING: Calf Bob at generousreward no questions asked. — of conventions, unless Turn of the Screw outstanding professional, scholarly and teaching contributions by a faculty member would be worthwhile in helping to promote better 688-6140, Letters to the Editor by lan DeWaal There are still a number of class cards waiting to be picked up at the Registrar's office. Please do so immediately in order to check your registration. If you are not registered for the courses you requested please see Mr. Wallin. Students will not be permitted to Kke final examinations in courses for which they are not officially registered. Please be advised that early start/early stop calendar is still being considered for next year. If you wish to express an opinion on this proposal, please address your comments to the Budget and Program Review Committee as soon as possible. Under alternate proposals, classes would start either the day after Labor Day, or the weekbefore. The Veterans' Day and Columbus Day holidays would be eliminated under one plan, with finals being held up to two days before Christmas. Both proposals envision finals being held before the Christmas recess. There has been some confusion over Scholar Incentive awards. Applications for the current year will be accepted no later than May 15, 1975. Applications for the next school year will be available in June, 1975. Students who plan to attend summer school are eligible for Scholar Incentive awards and State University Scholarships provided that they are enrolled for at least two courses. Applications should be made at the same time that you apply for the 1975-76 school year by checking the box labeled summer, 1975. Remember that your eligibility for Scholar Incentive assistance is limited to eight semesters of graduate study. However, you may still be eligible for a State University Scholarship after your eligibility for Scholar Incentive is exhausted. If you are applying for a New York Higher Education Assistance Corporation (NYHEAC) loan for next year, you should plan to submit an application early in June in order to insure that your check is available in the fall. Finally, please check with the Financial Aid office to see if the College Scholarship Service has forwarded your Parents' Confidential Statement or Student's Financial Statement and your application is complete. You will save yourself a lot of trouble later if you check on thisnow. ■ ■ To the Editor: While I was much amused by Mr. Chamberlain's column of February 20, "Fish In A Barrel," I also considered it a prime example of Thoreau's concern that for every score of people hacking away at the branches of a problem, there is only one trying to get at the roots. Few would contend that student government should be taken to task when they have failed to keep their promises. However, besides apathy there is a larger problem here. Unlike European, or even several exceptional American centers of higher learning, in law school, there is no part of the student body which effectively spans two generations of law school classes. Consequently there is no nucleus of seasoneddefenders of studentrights who can pass on their legacy, and more important, their tactical experience in having our voicesheard. We all know the ills of student government, only Mr. Chamberlain is able to articulate them more effectively than the rest of us. Certainly an individual who quotes Jonathan Swift and has an appropriate anecdote up his sleeve by an obscure Texas politico is capable of more than just verbal terrorism. Please Jeff, next time get yourself a pitchfork. Abbott Gorin To the Editor: At first glance, the plain stupidity of two current SBA officers endorsing an SBA presidential candidate whose chief slogan is that SBA has been a bad joke overwhelms mere questions of journalistic taste. In the past, Opinion and SBA have been pretty intimate. At times, SBA President [Don] Lohr, ostensibly in his role as an occasional columnist, sat in on meetings at which editorial decisions were made. This practice raises the quesNevertheless, such a question tion of who, if anyone, is going to Should Opinion provide space, en- rake SBA's muck or is SBA closed with black lines, for two only supposed to be criticized at students to make partisan political, election-time, by new candidates? statements endorsing Opinion's If Opinion is to be of any service former (still warm) Editor-in- at all to us, it should be independChief? A: No. leads to an issue ent of SBA politics. which may be worth considering. lohn Stuart - - - I 111111101 Volume 15, Number 9 vj*""w«i March 6,1975 Editor-in-Chief: Dave Geringer Executive Editor: Matthew Leeds Photography Editor: Eric Zaetich Alumni Editor: Earl Carrel Senior Editor: Ray Bowie Feature! Editor: Louise Tarantino Builneu Mana|er: Alan Mantel Staff: JeffChamberlain, lan DeWaal, Gerry Schullz, Howard Rosenhoch OPINION is published every two weeks, except for vacations during the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, |ohn Lord O'Brian Hall SUNYAB, Amherst Campus, Buffalo, New York 14260. The views expressed In this paper an not necessarily those of the Editorial Board or Staff of SPINION. OPINION Is a non-profit organization THlrd Class Postage entered at Buffalo, New Yoi*. Editorial policy of OPINION Is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Uw Fees I#«N —__ '■ �March 6,1975 OPINION 3 END OF THE BAR Review Competition Opens The Buffalo Law Review has announced plans for the selection by Jeff Chamberlain (Said Ito myself-said I). of Associate Editors from the curI'll never assume that a rogue or a thief rent first-year class. An approxim"A lawyer without history or literature is a mechanic." Is a gentleman worthy implicit belief. ate total of thirty new Associates Sir Walter Scott Because his attorney has sent me a brief will be selected. About fifteen of (Said I to myself said I). Perhaps no figure in the world of Gilbert them will be selected on the basis and is more of superior grades and an "acceptfrequently caricatured than is the lawyer. Not Sullivan W.S. surprisingly, And never I'll takework I'm unable to do able" performance in a writing Gilbert, the librettist of the duo, was a practicing (Said I to myself said I). attorney. He was competition. The o'Sm, fifteen educated at the University of London, and became a barrister in 1866. My learned profession I'll never disgrace new Associates will be selected on In his later years, he became a magistrate, a judicial post he occupied By taking a fee with a grin on my face. the basis of superior performance until his death in 1911. Upon his appointment, the high sheriffasked, When haven't I myselfbeen there to attend to the case in the writing competition and "You have, I believe, studied law as a barrister, and have a sound to (Said I). said "acceptable" grades. An "acceptI knowledge of it?" Gilbert replied, "That is so, but hope you will not able" grade record means no more considerit an impediment." I'll never throwdust in a juryman'seyes than one "D" grade for the first The operettas are full of gibes at attorneys. When I recently heard (Said I to myself said I), two semesters' work. HMS Pinafore, was able to see in a new light the famous song of Sir Or hoodwink a judge who is not ever wise All candidates for membership JosephPorter, First Lord of the Admiralty who, youmay (Said I to myself said I) recall, as a are required to submit a formal lad "served a term / as office boy to an attorney's firm," rose through Or assume that the witnesses summoned in force writing sample. This paper is an the ranks to become first a junior and then an articled clerk until In Exchequer, Queen's Bench, Common Pleas, or Divorce, analysis of a recent case. Cases are finally: Have perjured themselves as a matter of course assigned by the Review. (Said I to myself said I). All interested first-year studOf legal knowledge I acquired such a grip ents should register for the comThat they took me into the partnership. other In professions in which men engage petition at the Review offices, And that junior partnership, I ween, (Said I to myself said I), room 60S, before March 7. When Was the only ship that I ever had seen. 'The Army, the Navy, the Church, and the Stage registering, each student will be But thatkind of ship so suited me, (Said I tomyself said I), required to sign a grade release auThat now I am theruler of the Queen's Navee! Professional license, if carried too far, thorization, and to list each grew so rich that was Your chanceof I I snet promotion will certainly mar course that he or she has taken By a pocketborough into Parliament And I fancy the rule might apply to the Bar and is taking. (Said I to myself said I). The writing competition will I always voted at my party's call, And I never thought of thinking for myself at all. run from March 17 through May thought they By Jury, so little Trial But, in rewarded me Gilbert proposes an entirely different approach: 15. Candidates may choose any I By making me the ruler of the Queen's Navee!I date during that period to pick up When I, good friends, was called to the Bar, their case assignment. Completed Gilbert's definition of a lawyer appeared in Utopia, Unlimited in the 'd an appetite fresh and hearty, papers are due ten days after the I person of Sir Bailey Barre, QC, MP: But I was, as many young barristers are, cases are picked up, Sundays and An impecunious party. holidays included. All papers must A complicated gentleman allow me to present, But I soon got tired of third-ciass journeys, be turned in by May 15. Full inOf all the arts and faculties the terse embodiment, And dinnersof bread and water; structions will be included with He's a great Arithmetician who can demonstrate with ease' So I fell in love with a rich attorney's each case assignment. That two and two are three, or five, or anything you please; Elderly, ugly daughter. The Buffalo Law Review is a An eminent logician who can make it clear to you legal periodical which national The rich attorney, he jumped with joy, That black is white when looked at from the proper point of publishes scholarly papers related Andreplied to my fond professions: view; to many areas of law. Associate "You shall reap the reward of your pluck, my boy A marvelous Philologist who'll undertake to show Editors assist the Senior Editors in At the Bailey and Middlesex Sessions." That "yes" is but another and a neater form of "no." the publication of the journal. In ..-.-. "You'll soon get used"to~th"e looks," saidhe, addition, associates are expected "And a very nice girl you'll find her! To which Sir Bailey agrees, and he adds: to write a publishable article durShe may very well pass for forty-three ing their second year. Associates All preconceived ideas on any subject I can spout In the dusk with the light behind her!" who, in the opinion of the Board And demonstrate beyond all possibility of doubt, The rich attorney was as good as his word; of Editors, perform satisfactorily That whether you're an honest man or whether you're a thief The briefs came trooping gaily, are promoted to Senior Editors Depends on whose solicitor has given me my brief. And every day my voice was heard for their third year. Candidates At the Sessions or Ancient Bailey. should be aware that Associate The professional responsibility of a lawyer is summed up by the All thieves who could my fees afford membership on the Review will Lord Chancellor in lolanthe, who says, "I have always kept my duty Relied on my orations, require a considerable outlay of strictly before my eyes, and it is to that fact that my owe And many burglar a I've restored I time and effort. Any questions advancement ot my present distinguished position." He goes on: To his friendsand his relations. about the Review generally, and When I went to the Bar as a very young man the Associate selection process in (Said I to myself said I), Needless to say, upon his achieving success, the hero dumps his ugly particular, should be addressed to I'll work on a new and original plan wife. the staff of the Review room 605. - - I I '. - - - - '' - : "' . ' • - Federal Tax Z One Congressman's Study by Gerry Schultz This column discusses the reform and the effects of the existing tax system, two subjects that receive little or no attention in the many tax courses offered at this school. It is my position that it is equally Important to learn the effects of the law one is dealing with as to learn the law Itself. This school should not merely train legal technicians, as cognizance of the socialand political effects of the law also should be taken. It Is also my position that the federal tax law as It Is now written operates to subsidize rich people and corporations and that this bias should be reversed to favor the non-rich. CORPORATE TAX EVASION, FEDERAL TAX SUBSIDIES Congressman Charles Vanik; using data gathered by the Joint Committee on Internal Revenue Taxation, with the assistance of the General Accounting Office, prepared a report on the approximate federal income tax payments of 16Q of the nation's largest corporations in 1973. He obtained tax data sufficient for analysis from 143 altered to aid small businesses and encourage competition companies. Of these, 10, with total profits of $976 instead of monopoly. 2} Oil companies pay almost no federal corporate million, paid no federalcorporate income tax. Another 20, making 5.28 billion dollars in total profit paid an effective income tax, even in a year in which windfall profits were federal corporate income tax rate of between 1 and 10 beginning to accumulate. Exxon paid 11.2 percent, Mobil percent. These corporations did nothing illegal. They 5.0, Texaco 2.3. simply used a veritable multitude of tax "preferences," 3) Banks are becoming the controlling force in our whichever you prefer. The economy through the accumulation of large, tax-free "subsidies," "loopholes" crucial point is that these loopholes were not formulated profits. Leasing activities actually the selling of tax as a result of olympian deliberation by a neutral impartial benefits are an important strategy most banks follow. They 4) Utilities, which are considered to be in financial presence. are a direct result of corporate power working through government. trouble, already pay almost no taxes. Therefore, the Congressman Vanik found that the statutory proposed extension of additional investment credits to corporate tax rate of 48 percent is a myth. The average utilities may have little or no effect while costing the effective tax rate of the 143 companies was 23.6 percent, taxpayer additionalbillions. — less than half the statutory rate. From 1967 to 1973, corporation income taxes as a share of total federal receipts declined from 22.7 to 14.9 percent. Corporate profits in 1973 were 25 percent higher than in 1972, yet tax payments rose only 10 percent. Of the 143 corporations studied, 8 commercial banks had an effective tax rate of 9.6 percent; 16 transportation corporations, 15.1 percent, 10 utilities, 18.0 percent. From his research the Congressman noted the following trendsand made the following findings: 1) The tax code (the yellow book almost all of us are familiar with) helps big corporations get bigger, since only the larger corporations can take full advantage of the complex of tax subsidies. In short, the tax code encourages conglomerates and monopolies. The tax code should be — — 5) In addition to the low tax rate among utilities and oil companies, the average tax rate of mining companies is far below average only 13.4 percent. This means that despite today's high materials prices, we have been subsidizing the use of minerals and fuels. The cost of these items if they were to bear the same tax rate" as other commodities would be much higher. By the use of subsidies, we have hidden these costs and encourage waste instead of conservation. We have encouraged the development of a throw-away economy instead of an economy that recycles and preserves. 6) Because of variations in accounting procedures, it is still extremely difficult to determine the exact rate of federal corporate tax payment. In other words, clearer reporting requirements should be instituted. - - — — �Safe Energy Act Proposed Sudden death Dave Geringer During the past several years, various members of the Student Assembly have advanced many different proposals to cut the Student Association's allocation to intercollegiate athletics. Some of these attempts have come dangerously close to succeeding. However, thereis a real chance of these groups' succeeding this year m reducing athletic department funding by cutting the number of men's intercollegiate sports funded from eleven to five. The repercussions which would be grave, would be felt by every student on this campus. A reduction in funding intercollegiate sports would almostcertainly lead to partial or total elimination of the proposed Amherst Campus field house, slated for completion in several years. In addition to providing a first class facility, the field house would have a large amount of space which could be used for recreational purposes. In addition, the Amherst Bubble and Clark Hall could both be freed for use as recreational facilities. Students who complain that they can never get a by by Howard Rosenhoch basketball court in Clark Hall, or can not use the other facilities The recent past is all too easily (both legitimate complaints), forgotten by many of us. It wasn't would enjoy a vastly improved recreational program. This would go down the drain if the field house was partially or totally dropped, not an unlikely proposition considering the state of the economy. It will also be easier to justify to the State Bureau of the Budget after the abolition of several sports at Buffalo. In addition, a fairly recent move by the state legislature to ban the mandatory fee was stopped when the legislators realized that sports at all of the State University campuses were funded only by the fee. The abolition of several sports here may change the mind of the elected representatives. The mandatory fee supports almost all of the student activities here, and its elimination would turn the entire SUNY system into a collection of classrooms. Some students may actually favor that concept, but it may be imposed upon all the rest of us if a minority of students representing interest groups in the Student Assembly have their way. Athletic Budget Passed The undergraduate Student Assembly voted last week to fund the athletic department next year at the same rate ($222,000) as it had been funded this year. The SA did pass a proposal that eliminated funding for six minor sports (track, cross-country, golf, fencing, swimming and tennis) but added an "operational" line of $29,000. The department must use $9,000 of thatline to makeup a deficit, but will undoubtedly use the other $20,000 to fund the six sports which the SA had decided to eliminate. Those six sports were funded at $28,000 this year, so cuts iwll have to be made in order to compensate for this discrepancy. Basketball Bulls Victorious Again by Dave Geringer The basketball Bulls won two of their last three contests and improved their season's record to 8-15 in setting the pace forBuffalo's major intercollegiate teams in recent action. The wrestling Bulls lost their final dual meet at Cleveland State before capturing the championship at the New York State Tournament while the hockey Bulls lost their last three games and finished out of the playoffs for the third consecutive season. After gaining the obvious distinction of being the only local college basketball squad to lose to a touring Athletes in Action umiii (78-70), the Bulls rebounded to trounce Rochester, 81-62, and set the stage for season-ending contests against Pittsburgh and crosstown archrival Buffalo State. Sophomore forward Mike )ones scored 30 points in his best effort to date in a Buffalo uniform, while Sam Pellom took down 26 rebounds in pacing the Bulls to an incredible 90-30 rebounding margin over the Yellowjackets. Buffalo allowed Rochester to stay close with a very poor first half shooting performance before breaking the contest open with eighteen consecutive points early in the second half. Before their loss to AIA, the Bulls had dropped their final road game of the season at Cornell, 102-89, and whipped a tough Akron squad at Memorial Auditorium by 62-56. Wrestlers Win Again The wrestling Bulls successfully defended their N.Y. state title at Rochester Tech after bowing in their final contest of the season (final record 4-3-1) at Cleveland State, 2S-12. Ray Pfieter at 118 lbs, Jim Young at 134 and Emad Faddoul at 177 all won individual championships for the Bulls in the state championship event. Buffalo wrestled at the Eastern Regional Qualifying Tournament last weekend in an attempt to send several Bulls to the national tournament at Princeton. March 6,1975 OPINION 4 The hockey Bulls concluded what could best be termed a disappointing season in disappointing fashion, being trounced by Ithaca, a second-rate squad, 8-2, before dropping two overtime games at home to archrival Oswego by identical 60S scores. Buffalo blew a 5-3 third period lead in both Oswego contests, allowing the Lakers to score with 27 seconds left and again with just four secondsremaining after lifting goaltender Steve Paluseo for an extra attacker Saturday night, losing in overtime. The Bulls finished at 11-18-1, their worst overallrecord since becoming a varsity squad five yearsago. long ago that gasoline could be purchased only every other day and never on Sunday. The end of the month produced panic-stricken buyers with empty tanks. The citizens of the highest per capita energy consuming nation known to man were chilled by the thought of threatened cut-offs of home heating oil and natural gas. While prices and availability of gasoline have, for the present, stabilized, and our homes are still warmed by precious fossil fuels, the problems of energy management and conservation still remain. Interestingly, though, no comprehensive national energy policy has emerged from the Congress on the order of the National Environmental Policy Act of 1969. Paul Hudson, a staff attorney with the New York Public Interest Research Group in Binghamton, is deeply concerned with problems of energy conservation and management. Last Wednesday, February 17, he addressed the Environmental Law Society on that subject. Mr. Hudson discussed the Safe Energy Act, a package of bills which will be introduced in the New York legislature in the next few weeks. The Act is patterned after the Nuclear Safeguard Initiative, which is likely tobe on the CaliforniaBallot in 1976. The Safe Energy Act takes a three-part view of energymanagement; 1) conservation, 2) development of alternative "clean" energy resources and 3) banning nuclear power plants. Mr. Hudson noted that the Act would emphasize methods of encouraging conservation. Revising building codes to reduce unnecessarily high illumination standards would effect substantial energy savings. Also, changes in the pricing structure, such as use of flat rates instead of declining bulk rates for heavy users and peak load pricing, might alter use patterns which would result in energy savings, reduction in the cost of electricity, Hodgson - ... continued from page 1 N.Y. law thebest Mr. Hodgson claimed that the legal guardianship law of New York State is "the best in the world," containing a four-point program which varies with the degree of legal assistance thought to be needed by the retarded person. Beyond these 'established rights' which should be protected, there are further claims which should be made, asserted Mr. Hodgson. Through the courts, the Association for Retarded Children, with the assistance of the American Civil Liberties Union, .is arguing for concepts such as the legal right to due care, treatment and education. In conclusion, Mr. Hodgson indicated that still another legal right which must be recognized is the right to hold office, saying, "I will have to withhold comment on that regarding the present administration." power plants are underinsured. The cost that would be incurred by a utility for insuring a plant to the full cost of the risk of a nuclear accident would price nuclear power out of the market. The Price-Anderson Act limits the necessity of full coverage, thus enabling utilities to continue dealing in nuclearpower. But, the utilities can waive the Price-Anderson limitations, leaving insurance regulation an area ripe for state intervention. If strict insurance standards were imposed by New York, requiring full coverage, they would have to be adhered to by the utilities. Since utilities could not afford to meet these standards unless safety could be shown,and since no successful tests have been run on the emergency core-coding system (the safety-value of a nuclear .reactor nuclear power would be effectively banned in New York. Thisis essentially what the Safe Energy Act proposes. Mr. Hudson's discussion seemed to compel the question: Why is the development and promotion of an energy production system, as unsafe and uneconomical as nuclear power, so blindly and feverishly pursued by the federal government when viable alternatives, such as conservation and clean energy, exist? Mr. Hudson suggested an answer by analogy to the U.S. involvement in Vietnam. There it was argued by some that investments in money, people and prestige was so enormous that withdrawal would be devastating. Likewise, the government has a $100 billion investment in the development of nuclear power. Mr. Hudson noted than an ending of that investment could, without a government bail-out, bankrupt up to six major utilities. Thus, once again, the American public is paying the price, this time in higher energy costs and a lack of safety, because its government insists on perpetuating mistakes and mis- and a decrease in pollution. Finally, Mr. Hudson noted that a requirement of energy imposed statements tor large scale projects would provide an added incentive to minimize the cost of energy as a component of a particular project. The second part of the Act mandates the development of alternative energy sources such as wind, solar, geothermal and ocean gradient. According to Mr. Hudson, most of these methodsof energy production could be available within 5 to 10 years. He explained that wind is a resource in which New York is particularly rich, with two high-speed, sustained wind corridors, one off Long Island, the other on Lake Ontario. Noting that the technology for harnessing wind energy is here, Mr. Hudson said that wind power couldbe on line in a few years. To illustrate its cost effectiveness and efficiency, Mr. Hudson estimated that an initial investment of $43 million could put a somewhat modest system in operation in each corridor which would provide the energy equivalent of 10 to 20 nuclear plants. The third thrust of the Act, and the one upon which Mr. Hudson placed greatest emphasis and urgency, is banning new nuclear facilities and phasing out existing ones. The safety of nuclear reactors has yet to be proved. But this fact, as a reason for state legislation in the area, poses greve difficulties as the federal government has pre-empted the field on the issue of safety standards. But Mr. Hudson suggested that safety, while the primary concern, is not the only problem with nuclear power. Noting thelack of efficiency {-2 to 15 percent net energy , production according to recent s tv dies) and cost effectiveness (Con Ed plants which were expected to run at 80 percent capacity ran at only 55 percent capacity last year), Mr. Hudson management. stated that this was one of the few times that economics is on the side of the environment. This lack of economic viability (which, incidentally, results in a higher electric bill for the consumer), is compounded by the fact that nuclear Hill •• •• • • Hopefully, a more enlightened New York Legislature will begin a multi-state trend toward the elimination of the menace of nuclear power and the promotion of rational energy conservation and management. NEW YORK STATE BAR ASSOCIATION .. AS A NYSBA LAW STUDENT MEMBER, YOU'RE ENTITLED TO: The Law Digest... sixteen issues per year eight issues per year The Journal The State Bar News eight issues per year Admission to all Association, Section and CLE programs at special rate Free utilization of the Association Lawyer Placement service Life insurance at Unmatchable low rates DATE NAME $3.00 DUES MAILING ADDRESS. LAW SCHOOL DATE OF BIRTH I . am in my year of law school and expect to graduate in ?f _, |f elected will abide by the associations constitution bylaws and '■ canons of ethics: I ■ SIGNATURE � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-03-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/6/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/16c021db8f47c0411099d268fa3d79cf.pdf b83d33360cf0520fca409a5282f6ecc9 PDF Text Text Opinion I John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 15, Number 10 jeopardized the continuation of the small-group elective program in its present form. The new program would be "an obviously makeshift solution," it conceded, "butit is the best that can be done at this time." Since "research skills primarily involve gaining a working sense of a law library," the new program provides that the teaching of basic research skillsbe handled by the library staff, with "the assistance of 25 portable cassette recorders which will' offer students an individualized automated library tour through various problems relating to resource materials. Each student would check out the cassettes and be able to proceed at his or her own speed through the problems. The research phase would begin about the middle of the fall semester, with students being expected to avail themselves of the resources before the third week of the spring semester. The legal writing and analysis component would cover the spring semester, at the beginning of which first-year students will have the option of selecting either the moot court exercise or a small-group continued on page 4 Admissions Policy Adopted The new policy, drafted by the Admissions Committee,- provides for two general categories of automatic admissions and manual admissions. Under theautomatic admission category, at least 80% of' each entering class will be admitted on thebasis of a formula combining LSAT and GPA scores, with a floor set at 2.5 GPA and 550 LSAT, beneath which applicants will be automatically rejected. However, a manual admission category is established for applicants showing special promise' or particular handicaps, so that their files can be individually reviewed by the Admissions Committee despite low numerical scores. Under this manual admission category, the Committee will look for indications of academic achievement not reflected on exams, of leadership or public service, and of superior motivation. In particular, the policy notes, the Committee should rely primarily upon these non-numerical criteria in evaluating applicants of a class "known to fare poorly on standardized tests due to historical patterns of deprivation and discrimination." Hence, the files of disadvantaged or minority applicants who are rejected under the auto- PAID Buffalo, New York Permit No. 708 matic admission standards will be reviewed again for possible speciaf admission under the manual category. The administration of the manual admissions will require the Admissions Committee to conduct "a thorough and individualized examination of each applicant's file," which will be limited to about 20% of each entering class. A preliminary screening of applications will serve to "flag" those most-likely to deserve detailed'individual scrutiny. Among those to be initially flagged for special examination will be applications which present measurement problems, i.e., those of physically-disabled applicants or applicants whose transcripts contain a large proportion of ungraded courses, and applications where talents might not be reflected in numerical scores, i.e., those of minorities, holders of advanced degrees in other areas, applicants with unusual work experience or outstanding letters of recommenda- tion, and applicants over 29 years of age. In the faculty discussion of the policy, Professor Marjorie Girth expressed concern about the low floor on GPA's, noting that a high LSAT score might qualify applicants with a poor GPA overall. Professor Thorne McCarty, responding for the Admissions Committee, explained the Committee's feelmg that the GPA provides a small amount of information, as it varies too much among different schools, while the LSAT compares all applicants against the same percentile ranks. According to Professors Mark Galanter and Dannye Holley, the basic policy for minority admissions remains unchanged. The same automatic admission and rejection standards will be applied to both minority and norvminority applicants, thoughminority applicants would also thenbe placed in a special category under the manual admissionsprogram for individual consideration. Reciprocal Placement Services Explored Effective for the current 1975 Spring semester only, an experiment in reciprocity is being undertaken between Buffalo's Placement Office and thatof Syracuse University Law School. For the rest of this semester, SUNY law students may use the services of the Syracuse University Law School Placement Office, and Syracuse students may use Buffalo's. It is hoped that law students at both schools will benefit from this arrangement. At the end of the Spring semester, both schools will evaluate the reciprocal experience to determine whetherand in what fashion it may goon. March 27,1975 Kunstler Urges Change in System by Louise Tarantino by Ray Bowie One of the lengthiest and most heated faculty discussions this year dominated the monthly meeting before vacation, when a new first-year research and writing program was debated and ultimately approved by the faculty for next year. The proposal, drafted by the Academic Program and Policy Committee, would provide for a program of legal research to be taught through the Library's audio-visual equipment, a program of legal writing offering the student a choice between the current small-group electives and a moot court exercise,and one upperclass writing assignment of major substance. The revision of the present small-group elective program for first-year students was necessitated by the lack of sufficient faculty interested in teaching small-group courses, which would have made it impossible to instruct small.groups in research and writing skills next year. According to the APPC's report to the faculty, the unwillingness of many faculty to teach small-group electives was understandable, given the fact that the law school has commitments to programs other than research and- writing, but nonetheless such unwillingness had With only a few.Indications of concern that a lower GPA floor would produce pooreradmits, the faculty adopted, at their March meeting, a revised admissions policy which incorporates the minority admissions program into the special provisions of the regular admissionsprogram. U.S. Postage State University of New York at Buffalo School of Law New Research/Writing Program Instituted by Ray Bowie Non-Profit Organization After a warning that "the law is a dangerous animal," William Kunstler, guest lecturer of the Distinguished Visitors Forum, described various aspects of handling law and the role of today's law student. In his March 4 lecture entitled justice?, Kunstler, currently a defense attorney in the Attica trials, described his changing attitudes toward the law and the hope for changes in the legal system. According to Kunstler, thebasic danger of the present law system is that most people think it works. "People see it as the best system we have, a safeguard of our legal rights and duties," he said. In reality, however, the law "keeps people controlled and relatively harmless" people accept it and believe in it and are reluctant to question the fundamental workings of the system. - - Systems compared Zech Kunstler drew interesting com- the rank and file and solidify the parisons between the legal system silent majority by creating an air of 1800 and today's organization of tension and fear." He traced the pattern prevalent of law. Among the aspects described were non-unanimous in the system today of quickly juries, lawyers' questioning of suppressing insurgent groups. "As juries, absence of professional pro- one group rises and becomes persecutors and the jury's ability to tinent, so rise the indictments judge law and fact all positive against that group," Kunstler said, characterizations of the 19th cen- citing the Catholic Left, Black tury system that no longer exists. Panthers, the Peace Party and poKunstler also commented on litically active professors and studthe drift today to "tightening up ents as examples. "The governof controls." He described the use ment is preying on fear," he of controls for political purposes, added. "to destroy leadership, terrorize continued on page 5 — - Used Book Store Planned The Alden Chapter of Phi AlCurrently, most used book pha Delta legal fraternity has atf sales are privately accomplished nounced plans to operate, in con- through the medium of posted junction with the Law Spouses messages, with a lesser number of Association, a used book store for students selling their books to the law book sales and purchases this FSA-operated Bookstore. PAD summer, on an experimental basis, and Law Spouses hope that the and again next fall. used book store will provide a The used book store would, ac- public service by facilitating and cording to the plans discussed by centralizing private transactions, the two organizations, serve as a while being able to insure purchasmiddleman in handling transac- ers as to the correct editions to be tions for students wishing to sell used in courses. books and those wishing to buy. PAD Justice Ray Bowie A student desiring to sell a book would be able to set the sale price broached the proposal to Law and leave it at the used book fac- Spouses officers before vacation, ility, which would be staffed by and the two organizationsdecided PAD and LSA volunteers. Poten- to operate the facility prior to the tial purchasers would be able to summer session to handle books browse through the available for summer courses. Experience stock. Thebook store would func- gained through the summer operation as the seller's agent in contion will then be applied to deterducting the transaction at the sel- mine how best to operate the used ler's price and passing the receipts book store for book sales prior to on to the seller. fall courses. �March 27.197S OPINIQN 2 Commendation to SBA Officers Editorials Forlorn Hope With slates of candidates seemingly having become a elections, it may be inevitable that the campaigns themselves would become more intensively hard-fought. However, there is little excuse indeed for some of the tactics employed in the election last month. Candidates should be encouraged to publicize their platforms, their experience, and their performance relative to the opposition, as publicity of this sort aids the electorate in making an informed choice. However, when candidates or their supporters turn to destruction of opposition posters and hysterical public broadsides against their opposition, using terms such as "fascists," "demagogues,"or "subverters of truth," a level of campaigning has been reached that simply ill becomes supposedly reasonable people. Further, and perhaps even worse in terms of its ramifications, the deliberate reduction of an SBA election to an ideological.conflict, manufactured by some candidates, can only have the unfortunate effect of polarizing the student body unnecessarily and channeling SBA's energies into ideological struggles far removed from law school issues. While SBA can do more to insure that election campaigns suffer less physical interference from the intolerant, SBA can admittedly do little to restrict the scope of campaign issues to platforms and qualifications. While such measures might be desirable, First Amendment considerations extend also to the raising of irrelevant issues or even fabrications in a campaign. The best that can be hoped, as regards the latter tactics, is that candidates for office would simply refrain from that sort of campaigning. Fw some, however, it is doomed to be a forlorn hope.permanent characteristic of SBA Open Marketplace? Recent controversies involving the undergraduate. Speakers Bureau, in which political pressures forced the substitution of William Kunstler for Ronald Reagan and influenced Ron Ziegler's premature cancellation of his lecture tour, are indeed a sorry commentary on the intellectual stature of this University, which is supposedly an institution devoted to an open marketplace for the exchange . of ideas. Since the SBA allocates each year the sum of $1000 in funding of University-wide functions, such as the Speakers Bureau program, law students should legitimately be concerned over the way in which "unpopular" speakers are continually slighted in favor of "popular" speakers, all on the basis of certain ideological criteria deeply imbedded in the University intellectual establishment. Although there is indeed validity to the complaint that lecturers' fees are often extravagant, it would seem that this concern motivates certain influential elements less than a simple dislike for the expression of non-conforming views. Their objection to paying Mr. Zlegler $2500 for his lecture invariably never extends to the thousands of dollars spent annually to fuel a steady stream of speakers representing the political left. Indeed, money was scarcely a factor in the substitution of Kunstler for Reagan, or the hysterical hoopla which prevented the booking of William Shockley last fall. Sad to say, prominent spokesmen for various views do require large expenditures, but equity dictates that if spokesmen representing one side are funded, then an effort should be made to fund spokesmen of the opposing side to the same extent. Only such an effort can yield a true education from outside lecturers. Stan Morrow, undergraduate chairman of the Speakers Bureau, has apparently done his best to insure a balanced lecture program this year, but political pressures have unfortunately frustrated him at every turn./Law students should appreciate the fact that their own Distinguished Visitors Forum has mounted a fairly balanced program this past year, through the cooperative efforts of people of varying political philosophies; but they should nonetheless not cast a blind eye upon the troubles plaguing the University-wide lecture program. After all, we also pay for it. avoided, placement action was taken, an Opinion publication was started, various SBA parties were planned and scheduled, freshman orientation was coordinated, public relations for the school was handled and various changes in the SBA structure was accomplished, to mention a few. Realizing I have forgotten many important functions, the record of last year's officers is still a fine xjne. And at a time when very few of us have time to offer without pay, and much less without accomplished. thanks, it's commendable to see a number of people Not meaning to slight anyone as my memory willing to give their time on our school's behalf. I fails me, I wish to mention a few of the think everyone connected with last year's SBA is to accomplishments of the out-going administration; be thanked for timeand effort tirelessly donated. Kathryn Schneberk-King the dedication was handled, a bookstore move was To theEditor: As the defeated SBA presidential candidate of a year ago, I feel it is proper for me to say a few words as the SBA officers of 1974-75 leave office. Our tendency as lawyers, many times is to focus on the bad aspects of an administration, or to emphasize what was not accomplished by the officers in question. But for once I would like to commend the out-going officers for what was Appreciation Expressed premise or their own participation in SBA, for To the Editor: otherwise all involvement for the purpose of opportunity, would like take the the to in bettering a sad situation would be precluded. I 1 form of this open letter to the editor, to express my Mi> Stuart's letter concluded with criticism of deep appreciation to all who took the time to an "intimacy" between SBA and Opinion, though it consider the points raised in the recent SBA is difficult to discern the precise target of his campaign and cast ballots, on the basis of that objection. SBA President Lohr indeed cooperated consideration, for the candidates running on our with Opinion in exchanging accurate information as platform. to law school devefopmehts, which "intimacy" Having entered the campaign as underdogs and should be laudedrather thancriticized for its benefit having finished the same, I am grateful for the of communication to the student body. Never on support and encouragement offered us by numerous the other hand, have any SBA officers "sat in" individuals, whose steadfast backing was often Opinion editorial board meetings or participatedon in instrumental in our own initial decisions to seek SBA editorial decisions, as Mr. Stuart would have known qffice and in our waging a strenuous, albeit uphill, if he had ever himself attended such meetings when campaign. As we stated in our platform, it was such he held the title of Opinion's ArticlesEditor last fall. support, and the concern as to law school affairs Having shown little interest in Opinion while on demonstrated therein, that made our candidacies the staff and finally resigning altogether, Mr. Stuart worthwhile in the end. shows even less perspective on the relationship personally am particularly indebted to former between I SBA and Opinion when he faults the' SBA President Don Lohr and former Treasurer Ed newspaper for failing "to rake SBA's muck." Perusal Zagajeski for the generosity of their endorsement, of past issues will evince regular Opinion reporting of which was seni to Opinion as a letter to the editor SBA's foibles, along with editorial criticism and prior to the election; and'as a mailerof courtesy, I Opinion's constructive suggestions relating feel obliged to defend both parlies against the policy toward SBA, however, hasthereto. been predicated unjustified attacks, contained in John Smart's letter upon there being greater benefit, to the sJudeMt'bdtfy of March 6. from cooperation between the two''institution's Utah" Surely iherc is ,i contain futility in.trying; lo from some mindlessly adWsarfaf rt!lS»artsKip\ reason wilh, much less publicly debate, dogmatists,, own feapM that, given the 'dhp'6si«ion'df'the' lhe!w'"'' ■who correspond through Opinion only'when' they SBA leadership, the undoubted past success of the have an old ideological axe lo grind or else bury in cooperative policy will be difficult to repeat, the someone's back, but unfortunately, unless such ultimate loss from such development a falling upon attacks are answered, there is always the risk that the very student body both supposed' institutions are " silence may be deemed to be assent ; ■ miltiw IMiilloo ■>«. "■' to'serve. "Journalistic taste" is not, I, am sure, a To return, however, to the subject of thosewho consideration entertained by Opinion's editors in supported our platform and voted forfls at the polls, nuhlishing Inters or endorsements, but rather, against the tendency now to lose I wish to incaution Opinion's policy of maintaining an open interest law school affairs or to surrender newspaper, open for such things as candidates' independent views for the ideological purity some statements, endorsements, and any ensuing would assess as the price for participation in student brickbats, e.g., Mr. Stuart's. That price is simply too steep if As to my campaign contention that SBA has activities. integrity intellectual is valued, and it would be been largely a joke in the past, such characterization indeed foolish.to consider paying it. SBA is obviously inapplicable to those figures who have or without it, there exist so many other, ways in done their best to alter that situation, included which to channel one's interest in the lawschool or among whom are surely Mr. Lohr and Mr. Zagajeski. the profession. The important thing, of course, is to Certainly, it is only weak logic that views their continue to channel it. endorsement as inconsistent with the abovenoted Ray Bowie , ' •, , W"> '• ' Clark: De-Politicize Justice Dept. Former Attorney General Ramsey Clark, presently an Attica defense counsel, presented his views on Politics and the Justice, on Tuesday, March 18. Department of Clark spoke on his proposal to de-politicize the Justice Department and make it an office "committed to rule of law." He disagreed with the common practice of Presidents who appoint Attorneys General who are closely identified with them politically. Instead, Clark favorspersonnel in the Department of Justice who are of different political parties. Clarke cited various high rank- ing officials in previous adminis- trations who were politically connected to their Justice Department jobs and who, he felt, were unable to give objective performance in office. He suggested that the govern- i- isolate the Department of Justice i- from political influence." ment "learn to perfect the institution through change and strive to3 Volume 15,Number 10 March 27,1975 IHniriinn If Jll 1111lI Editor-in-Chief. Dave Geringer Senior Editor: Ray Bowie Alumni Editor: Earl Carrel Feature Editor: Louise Tarantino Business Manager: Alan Mantel Staff: left Chamberlain, lan DeWaal, Gerry Schultz, Carl Lohr, Pam Heilman, JohnZeckhauser Don Heringer, OPINION is published every two weeks, except for vacations, during the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, |ohn Lord O'Brlin Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views expensed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION ii a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION Is funded by SBA from Student Law Fees. f �March 27.197S OPINION 3 Q. A. <?. A. . want is elections - well, "fair" elections. The President doesn't say much, but he says it very sincerely. The lie What's your favorite flavor, lerry? never dies. Red. I trust Walter. Walter wouldn't lie to me. The other Red's nota flavor, ferry. night on the news, Walter stood up from his desk and Oh. Couldyou repeat the question? showed me with a pointer on a map. That's a very serious The National Lampoon business. Walter doesn't get up and go to a map unless it's by Jeff Chamberlain — really important. Oppenheimer opened his Village Voice column of There are differences. We haven't yet been fed the old March 17, 1975 with this paragraph: "With the images of "strategic importance" placebo. Ramparts hasn't yet come the kids starving to death in Phnom Penh still fresh on the up with any detailed economic conspiracy showing that a screens, the man gets up in front of the press conference war in Cambodia would benefit a few airplane and talks about the bloodshed and the horror and the manufacturers or interlocking directorates although it tragedy going on in Cambodia, and lectures us about how probably would. So far as know, the Buckley family has a communist takeover will make it worse. I doubtit. I think no major interest in drilling for oil off the coast of probably a lot of 'political enemies' are going to get lined Cambodia. When the hardhats attempted to shut down the up and shot, but don't think the. kids aren't going to get City by blocking the bridges (yes, I know it was because of some food. I don't think the carpenter I saw the other the economy), they were not herded into a football morning is going to have to keep cranking out coffins from stadium and held without being charged, while the American ammunition cases, three cases per coffin." Attorney General looked on approvingly through a cloud of pipe smoke. I don't believe thatany long-haired, pinko, [Copyright© 1975, The Village Voice). It sounds familiar. When was in college during the fascist, queer has chained himself to the White House late 19605, had thought that my personal actions had fence. Lon Not is not quite as corrupt as Thieu. College Sjopped The War. After all, hadn't gone to Washington, men are not huddled around the tube waiting for their marched in demonstrations, sent telegrams and letters, numbers to be drawn. The current Vice-President is not suspended the academic functions of the University, quite so naive as the one who called me an "enemy" in smoked pot, and talked earnestly? But I hadn't reckoned 1970. like rock and roll and 1957 Chevies. I'm glad that with the 19705. hadn't anticipated the lethargy which precipitated the current interest with the past called undergraduates are drinking beer again. It doesn't bother nostalgia. I also hadn't anticipated the incredible me that fraternities and sororities are making a comeback. imbecility of the American political machinery! We're back But if you are SO years old and a Southeast Asiani you have never lived in a country which wasn't at war. For that at it. Again. The similarities are startling. People are dying in matter, if you're 500 years old and live in Southeast Asia Cambodia. The proffered solution is to kill more people. you have never lived in a country which wasn't at war. I The dominoes are back in action. If we don't send help to have serious reservations about any action which would Lon Nol, we will be breaking our sacred word, and the rest help keep that particular tradition around. Spring is of the world will lose faith in us. If this should ever coming. The combination of Spring and a war in Asia happen, we will lose our allies. We have a "moral brings up another tradition,,.the tradition of college commitment" which we mustkeep, but of course this does students running around feverishly pretending they're not not mean that American boys will.be sent to fight a war helpless. Escept for a possible cathartic effect, I'm not sure Joel — I I I I I I I that, As™ boys shoujd.be. fighting, |,ust a, few advisors r better). The liberals in woiil<| dojt.(triey re all.volunteers, anyway,and the pay is that this tradition has much use. I'm told that the prevailing apathy on campuses indicates that maybe this Congress are balking, but they don't tradition has in fact been stamped out. So much for the know the real story, and maybe if there's a cut-off date on revolution. But how about a demonstration in front of the the aid Westmoreland says thathe wishes the military Administration Building only a little one just for old wasn't bottled up by the politicians, that if we would send times' sake? Or how about a nostalgic bus ride to D.C. in the B-52's we could clean things up in just a little bit. we could make it in about nine hours if we left after the It's, just a matter of supporting Lon Nol until a nice ShaNaNa concert. Does anyone have the Dow Chemical political settlement can be worked out between the Good telephone credit card number? Or am just being old Guys and the Bad Guys, and everyone knows that you ("never trust anyone over 26?") and irrelevant? can't bargain from a position of weakness, All we really ... LALIMN INE ENDBOTGH AR - - I — by Earl S. Carrel I am certain that most regular readers of Opinion are well aware of the controversy surrounding the appointment and non-appointment of Bill Flynn as Director of Placement and Assistant Dean. I really don't know Bill Flynn. The first time I met him was about two weeksago. Whether he is qualified for the job is not the issue; although judging from the published job description he is not. The real issue concerns the methods of the Law School Administration and the Law Alumni Association. This column has generally been supportive of the activities of the Alumni Association, but when a secretive clique of people feels that they alone represent the entire body of graduates of this school, it is time that a voice of dissent is heard. As an alumnus, I pay my dues to the Alumni Association. For my money ($10.00), I get absolutely nothing. I am supposed to get Opinion. I have never received a copy of thispaper in the two years since I graduated. I should have received some information regarding the annual AlumniDinner. The only information known to me is what I happened to see in the local daily newspaper and what I have been told by appearing at the Law School periodically. What kind of communication is this? When I first began writing this column in September, 1972, I asked John Gridley, then Alumni president, for an open letter to the membership. Eventually he responded with a letter which was published in the April 5, 1973 issue of Opinion. In the Fall of 1973, I wrote to Judge M. Dolores Denman [past President] asking her for a similar letter. She never replied to the letter or to follow-up phone calls. In October, 1974, I wrote to Judge Rudolph Johnson, the current President. I again wrote to him in February, 1975 and the response was that a letter was in preparation. It seems to me that the Board of Directors of the Law Alumni Association do not want the membership to know what the Board is doing. Ido know that 1myself*am not going to the Dinner. Why bang my head against the wall? The Alumni Association is not.responsive to the needs of the students.) is not responsive to the needs of the Alumni; and is not responsive to the needs of the Buffalo legal community. To be more specific, other constituent alumni gorups within the University -of Buffalo conduct continuing education programs, career guidance and counseling programs, travel programs, and are closely affiliated with the General Alumni Board. The only item among these mentioned which has any connection at all to the Law Alumni is the Career Day program whichhas been held the past two years. Who knows if it will be held again this , year? Federal Tax Z: Banks' High Grades This column discusses the reform <md the effects of the ex/sting tax system, two subjects that receive little or no attention in the many tax courses offered at this school. It Is my position that it is equally important to learn the effects of the law one is dealing with as to learn the law itself. This school should not merely train legal technicians, as cognizance ofthesocialandpolitical effects of thelaw also should be taken. It is also my positiojithat the federal tax law as it is now written operates to subsidize rich people and corporations and that this bias shouldbe reversed to favor thenon-rich. The following article, entitled "Banks Receiving High Grades ...in Avoiding Corporate Taxes" by Donald Mullineaux, is reprinted from People and Taxes, a publication of the Tax Reform Research Group. Although income tax rates have been little changed, some businesses have been dispensing proportionately less of their earnings into Uncle Sam's coffers in recent years. Among financial corporations, commercial banks have been particularly adept at trimming their tax bills. Tax burdens (measured by the ratio of taxes to income) have diminished especially sharply at large commerical banks that can pursue a number of tax-reducing activities which are not generally available to smaller banks. The fact that the taxman has been left with a continuously smaller portion of bank income opens traditional questions of equity and efficiency, and makes it increasingly more difficult, to justify continuation of commercial .bank prerogatives (such as the ability to issue checking accounts) on the.grounds that they offset the high tax burden of commercial banks relative to other financial institutions. FoU rWays Specific activities which diminish the size of the Government's tax bite can usually be classified into one of the four broad tax-avoidance schemes. These include searching for: by Gerry Schultz 1. Categories of untaxed income (exclusions), such as how to pare their tax bills. More than good advice is required, however, since in some cases a bank must have interest on municipal securities. 2. Income from items with preferential tax rates, such as achieved some minimum size before it can. profitably capital gains; undertake certain activities which are advantageousfrom a 3. Tax "credits," which allow an explicit deduciton from tax viewpoint. Equipment leasing and foreign branch or calculated tax liabilities, such as the 7 percent subsidiary corporations represent several examples. investment tax credit; However, the option which has probably been the 4. Deferrals of tax payments until future periods, such as principal avenue for tax avoidance by most banks in rccnet utilization of accelerated depreciation schedules. years purchases of tax-exempt municipal securities is In recent years, large commercial banks have engaged in all readily available to banks of all sizes. four broad categories of tax avoidance strategy, while Year-end balance sheet statements for 1972 reveal smaller banks have typically made use of only the first two that commercial banks held $90 billion of groups. tax-exempt securities, nearly half the total outstanding debt of state and local governments. These holdings have Shrinking Taxes Shrinking tax burdens at commercial banks during increased some 350 percent since 1961 whenbanks held but 25 percent of outstanding tax-exempts. Since total recent years reflect both Government actions and tax-saving activities undertaken by banks themselves. For bank assets have increased byt 166 percent over the same example, the corporate tax rate was reduced from 52 to 48 period, the proportion of municipal securities in bank percent during the Kennedy tax cut (1964) and in 1962 portfolios has more than doubled. the Treasury made a favorable (from a bank's viewpoint) Municipal Securities change in the definition of deductible additions to Purchase of municipal securities offers commercial bad-debt reserves (a percentage of funds are required to cover uncollectable debts. While this reserve is deductible, banks a unique tax-abatement opportunity. The IRS its size is consistently larger than needed, resulting in a prohibits non-bank investors purchasing tax-exempt gain for banks). However, the bulk of the recent decline in securities from deducting any interest costs associated with tax liabilities can be attributed to bank-initiatedactions to funds borrowed to finance such investments. While trim the taxman's take. Indeed, the ability of large banks commercial banks have no blanket exemption from this to outshine their smaller rivals in this pursuit can be restriction, the IRS has conceded that banks may deduct attributed to the relatively larger menu of profitable interest paid on money obtained in the ordinary course of opportunities at their disposal. doing business so long as there is no direct connection between the indebtednessand the purchase of tax-exempt securities. Consequently, if a bank purchases $100,000 Little Size Hurts Since growth in size is typically accompanied by worth of municipal securities yielding 5 percent by using increasing specialization of tasks, large banks can better continued on page 5 afford tax lawyers and accountants to furnish advice on — — , - �March 27,1975 OPINION 4 Research/Writing Program — continuedform page I elective. APPC noted that the current Desmond drafts of each paper. Seminar students, he noted, usually do not decide upon a paper topic until late in the course, at which time faculty are already under pressure to report grades. In reply, however, Professor Dan Gifford said that the APPC proposal contained no requirement that the written paper be completed in one semester, or even one year, so that shortness of time was not an issue. Citing the experience of University of Maine Law School, Professor Andrew Spanogle explained that third-year students are used successfully at Maine to te"ach legal writing. Studentinstruction, he added, could work provided the student instructors are themselves carefully trained in writing by the SBA OK's Convention, Denies 2nd Moot Court Competition provides the minimum in this area and that the new program hopes to build upon that basis, while recognizing that strictly limited small-group In a special meeting requested by newly-elected SBA President Rosemary Gerasia Roberts, the Student Bar Association allocated electives are the preferable way of teaching writing. While the Moot CourtBoard was thought to be $418.50 for a recently-recognized group, the Women's Prison Project, amenable to assuming major teaching functions, the to send two representatives to an I nternational Women's Day new program envisions more intensive critiquing of Conference at Stanford University last week. When Gay Law Students the moot court brief and greater faculty supervision submitted a similar request for that Convention, however, the directors than presently characterize the Desmond denied that group an allocation. Competition. In teres ted first-year students, The meeting, chaired by Ist Vice Pres. Cindy Falk, in the absence estimated as between 160 and 200, would be divided of Ms. Gerasia, was a continuation of the debate begun in SBA the into groups of eight to ten assigned to a Moot Court week before as to the propriety of the Women's Prison Project request. Board member, who will correct their papers and The earlier meeting had been> terminated for lack of a quorum, meet individually with each student for consultation. faculty. resulting in Prison Project representatives charging that some SBA Each student will produce a legal memorandum and directors were attempting to sabotage discussionof their request. Both Professors Howard Mann and Louis Swartz a brief, before arguing a case orally in front of a With a quorum present for the special meeting, heated discussion panel consisting of a faculty memberand two Board feared that the new writing program would interfere resumed, focusing on both the convention allocation and charges that with the academic freedom of the faculty to SBA was "hiding" budget surpluses. Former Treasurer Ed Zagajeski, members. Administration of the program would be the determine how seminars should be taught. Swartz denying the existence of hidden surpluses, explained, theprocesses for also was concerned that large numbers of students collection of fee receipts and the monies presently available for special responsibility of either a half-load faculty member or a teaching fellow. Students participating in the moot would drain faculty manpower with requests for allocations. Women's Prison Project, a local group recognized by SBA two court option would receive 2 credits and be required independent study, while Mann objected that the to take four additional courses during the semester. new program would undertake to teach too many months ago, was questioned as to how a local organization could have skills once. at Moot Court Board members would be compensated a national convention in California. Representatives of the Project Professor Wade Newhouse disagreed with these explained that while the Stanford conference was not actually a with either stipends or credit. As an option to the moot court exercise, the observations, however, stating his feelings that the national convention for the group, it did offer several workshops remaining students could chooseamong a number of new proposal provided options to existing programs dealing with the group's interest, women in prison. small-group electives, limited to 15 or 18 students that were either too inflexible to meet student When the SBA directors approved the Project's convention each, for training in legal writing along the lines of demand or else lacked adequate faculty allocation by a vote of 7 to 2, representatives of the Gay Law Students the current small-group elective program. Students commitment. "The new program reaches a presented their own request for funding to attend the Stanford selecting this option would receive 4 credits and compromise," he said, "between the heavy conference. Against protests from some directors that a special hence would concurrently carry only three manpower demands of small groups and seminars, meeting is empowered to deal only with the items on its agenda, and the need to teach legal writing." additional courses. Chairperson Cindy Falk ruled that the Gay Law Students could Professor Katz rejoined that the "new nonetheless present their request at the special meeting. In the belief that training in legal writing should not end with the first-year, the third component of requirement is apparently not to be taken seriously" Though no challenge was made to the Chair's ruling, the the APPC's proposal would require the completion because, as had been the experience last year, the subsequent vote of the directors denied the Gay Law Students' of a substantial upperclass writing requirement only ones expected to teach the writing courses were convention request by 4 to 2, with 5 abstentiprjs. sometime in second- or third-year. The writing the young, non-tenured faculty. "It is a low-class requirement, which would incorporate the current priority for the school," he concluded, "a shoddy seminar requirement, would entail a written product program ... for those low on the totem-pole." of between 35 and 50 pages, rewritten after initial Professor Thorne McCarty feareti that the moot correction by a faculty member, which could take court option would become "a joke" and tend to the form of a law review-type article, a major supplant the small-group electives, whichhe favored, legislative drafting, a piece of fieldresearch, or some due to greater student popularity. After the library research component of the other such paper written for a seminar or program was passed unanimously by the faculty, independent study. Professors Ken Joyce and John Schlegel, Prof. Joyce noted that a defeat of the writing representing the APPC, introduced the proposal to component would bring about the possibility of no the faculty with a request for initial approval, program at all next spring, due to insufficient faculty whereupon the APPC would return later with manpower to continue the present small-group specific mechanisms for implementing the program. elective program. The ■ writing requirement, Opposition to major components of the containing the two options, then passed in the proposal arose shortly, however, when Professor Al ensuing vote by a margin of 13 to 7. A motion to Katz opined that Moot Court students were not reconsider it, on account of the slim margin, was qualified to do such teaching and that the upperclass defeated. writing requirement was "unrealistic." Law Review Professor Bill Greiner then moved to postpone students,Katz said, "produce vacuous and irrelevant action indefinitely on the third component, the notes for that journal, and Moot Court hasn't upperclass writing requirement, since he felt the succeeded in doing what it's supposed to do either.." faculty should have more specifics on it. With the He was, therefore, opposed in principle to delegating passing of that motion, the faculty completed action the teaching of a writing program to students. on a research and writing program for next year, Professor Adolf Hornburger expressed though APPC is now expected to return to the 1975-76 Executive Officers: (Ist Row) Sec. Cliff Salomon, Pres. agreement with Katz that the upperclass writing faculty later this spring for approval of the program's Rosemary Gerasia Roberts, 2nd V.P. |. Glenn Davis. (2nd Row) Ist requirement left no time for the faculty to grade two mechanics. V.P. Cynthia Falk, Parliamentarian ). Michael Kilburn, Treas. Cathy amount of training satisfactory The New SBA Novack. 1st Year Directors: 2nd Year Directors: . Ist Year SBA Directors (Ist Row) Bob Waters, Daniel Golden, Mark Zehler, (2nd Row) ~,,,,, HarveyKamhsW,Leslie. K<tschnißri KierstinShimm«l,..,,v ; ... ~: Kowjlarrylyifckler, loseSosa. :i;+»vft,,,;" .. ~,.«>;, ,- Photos, by ZulKh �March 27. 197S OPINION 5 Federal Tax Z: Banks' High Grades -funds borrowed from time Turn of continued from page 3 depositors at 5 percent, it earns a tax reduction of $2,400. The nonbank investor, however would earn nothing. Even without its tax advantages, profit-motivated banks wouldhave no doubt embraced equipment leasing as a potentially profitable mode of operations during the expansion-minded sixties. The simple reason is that leasing represents a rational and flexible means of paying for an equipment purchase. In addition, leasing may convey tax benefits to both the lessor and the lessee. As a purchaser of new equipment, the lessor is allowed a tax credit, presently equal to 7 percent of the value of the equipment. In addition, the. lessor can take advantage of accelerated depreciation allowances, which defer tax payments to some future period. Although the liability will eventually be incurred, accelerated depreciation nonetheless yields benefits, since the funds "saved" by avoiding taxes today can be invested in interest-yielding assets. Lessee Benefits The lessee likewise can benefit from the lease arrangement if he himself is unable to capture the tax advantages accruing to the acquisition of capital assets. The lessor can capture the tax benefit and pass the gain on to the lessee in the form of lower rental costs. In a sense, the lessee "sells" some of his tax advantage to the lessor, a process termed depreciation trading. For example, in the mid-sixties, many airlines suffering losses had unused tax losses to carry forward on theirbooks. Consequently, they could not take advantage of tax credits and accelerated depreciation available from new aircraft purchases. By leasing the aircraft, banks were able to take the tax write-offs for htemselves and provide financing for the airlines at better terms than they could get by borrowing or issuing new debt. Further benefits may accrue to the lessee when banks are able to traffic in heavy equipment markets at lower per unit costs than the firms in the industry themselves because of the considerable size of bank purchases. . 'PjrectLease; Banta~havel)een"invoive<fTn lease ffharfCing for*several decades, but until 1963 were legally limited to "indirect leasing" which conveys no direct tax benefits. Such activities consisted, for example, of loans to lessors for the purchase of equipment or financing leases offered directly by manufacturers. "Directlease" financing was spawned in 1963 when the Comptroller of the Currency ruled it a permissible activity for national banks to purchase and lease out equipment; it has grown enormously in the intervening period. Today, state-chartered banks are empowered to engage in direct leasing in 41 of the > likewise 50 (but no data are published for state-bank states yet activity). In addition, the Federal Reserve Board has included equipment leasing as a permissible activity for subsidiaries of bank holding companies. Among the 50 largest commercial banks in the U.S., 47 are engaged in equipment leasing either directly or through holding companyaffiliates, reducing taxes by $58 million in fiscal 1971. During thelast decade, the foreign lending activities of U.S. commercial banks flourished at a pace thrice that of their domestic lending. However, the geographic locus of bank lending to foreign citizens and corporations shifted abruptly in the middle sixties from domestic to foreign soil, and bank taxes were consequently affected. Much like the effect of expanded leasing operations, this substantial extension of foreign activities has diminished the domestic tax burden of commercial banks. While domestic corporations are in principle taxed on their worldwide income, corporations are allowed a tax credit for payment of taxes to foreign governments of countries in which they operate. This.credit, which results in a dollar-for-dollar reduction in U.S. taxes, is designed to help corporations avoid the double taxation which would occur if both the U.S. and the host country should levy a tax on income earned in the latter. Thus, the foreign tax credit serves to reduce domestic tax liabilities forbanks operating overseas relative to banks operating only in the U.S. What is lost to the U.S. Treasury, however, ends up in the foreign taxman's pocket. (Note: In addition, foreign subsidiaries of U.S. corporations are not subject to U.S. taxation until repatriated by the parent corporation. This tax break, of $325 million in 1972, is much the same as accelerated depreciation, which gives corporations the benefit of a tax-free loan.) From fiscal year 1967 to'fiscal year 1971, foreign tax credits claimed by banks have more than tripled. These /credits are predominantly, taken by the largestbanks, with over 98 percent of the credits claimed in fiscal 1970 accruing to banks wiht assets over $100 million. These foreign tax credits, which are considerably larger than' investment tax credits, represent the dominant factor accountinf for the declining domestic tax rates at very large banks in the wake of the Tax Reform Act of 1969. In fact, the proportion of total industry foreign tax credits claimed by commercial banks has doubled from 2 to 4 percent over the period from tax year 1967 to tax year 1971. theScrew by lan OeWaal Please note that whenever student mail is received by the Law School, it is tacked up on the bulletin board in the first floor student lounge. There are a number of letters that have been on the board for quite a while now, and you might want to stop by and check if there is any correspondence for you or a friend.. The summer school schedule has now been posted on the Registrar's bulletin board on the third floor. Registration for summer school will commence on May Ist, at which time the Fall 75 schedule will be available. Complete registration material for the Fall semester should be available before summer vacation. ( Scholar Incentive and State University Scholarship awards may be used during the summer session provided that you enroll for at least two courses (the equivalent of a full-time load). Application is made for summer awards at the same time that application is made for Fall/Spring 1975-76 awards. These applications will be available in June, barring legislative amendments to the program. There will be a box on the form to check for Summer'7s. However, you will have to lay out the tuition and fees, since the summer awards are not made until after the regular year's awards have been decided upon. At that time, you can apply for a refund. Pleaseremember you are limited to four years of graduate study under the Scholar Incentive program. The Spring '75 examination schedule should now be posted. Please note that rules for changing the date ef? examinations are listed on page 20 of the Student Handbook. Rules for the taking of an examination which was missed for an allowable excuse are listed on page 21 of the Handbook. Finally, if you have completed Form UB and have in the PCS or SFS form, please check with the Office of Financial Aid to confirm that all required forms have been received by that office. The office is located in 312 sent Stockton Kimball Towerand can be reached at 831-3274. BLP: Growth & Strengthening According to its outgoing directors, this has been a year of great growth and strengthening for the Buffalo Legislation Project. Currently, there are 31 students working on nine projects. In order to accommodate the increase in projects and participants, the membership has elected six directors to replace the outgoing board of three directors- and created the new position of Project Manager. J an Rosa, Ben Idziak, and P.ini Heilman are now past directors. Mitchell Wilensky is the new Project Manager. He will be responsible for soliciting projects and students, and overseeing the day-to-day functioning of the Project. The other new directors are Martin Krutzel, Terry Centner, John McGilliard, Ira Wiener, and Alvin Schein. They will primarily be responsible for editorial matters. They will be supervising the research and writing for each project. The nine projects which are currently being v ndertaken cover a variety of substantive areas. Four students, Bette Gould, Ronald Wainrib, Lynn Mitchell and Mitchell Wilenski, are studying the various possibilities for the reform and/or repeal of the state statutes dealing with juveniles under sixteen who are in need of supervision (PINS). The students have been assisted by Professer Blumberg. Their project is being done for New York State Senator Tauriello from, Buffalo. ...■• w . Raymond Bowie and Donald Shonn have been working with members of the New York State Tax Commission exploring the possibility of establishing a New York State Tax Appeals Board. Richard Gtick, Ingrid Hansen, Alvin Schein and Marty Krutzel are working with severas state legislators through Professor Herman Schwartz on corrections State. Professor Goldstein has helped them focus their research. The project is being prepared for the Office of the State Senate Majority Leader, Warren Anderson. Warren Gleicher and Larry Scancarelli have been working for State Assemblyman Hoyt of Buffalo analyzing the possibility of providing property tax exemptions for handicapped citizens. Professor Greiner has helped them with their research. legislation. Four students, Morgan Seeley, Daniel Six students have been working with Horowitz, Charles Dold and Clark Lackert, the new Erie County Department of have been working with Professor Boyer on Environmental Quality under the supervision of the County Attorney's Office. Terry Centner and Richard Ross are reviewing the proposed regulations for air pollution control. Jed Macy and Charles continued from page I Chehebar are helping to develop the Directing his comments to the largely regulations for water pollution control. Larry Stevens and David Stever are writing law student audience, Kunstler related the lawyer's role in the changing of the legal new subdivisionregulations. system. He mentioned the fact that many Four students, Bari Schulman, Ronald revolutionaries were lawyers, possibly Eskin, Alan Lich tenstein and John because "lawyers are close enough to see McGilliard, are working for the State gears meshing and some can't stand to Senate Judiciary Committee investigating see flesh in those gears," Kunstler said. He the present judicial disposition of offenders also pointed out the contradictions in the who are 16 to 18 years of. age. It is hoped law, "the gaps between reality and myth." that their findings will provide the basis for reforming the present procedures. Professors Rosenberg, Louis Swartz and Rolereevaluates Kunstler advised law students to Birzon have been serving as consultants. Ira Wiesner, Tom Collins and John reevaluate the lawyer's role today and Milter have been working on codifying a asked them to consider basic facts warfirity of habitabillty for New York "don't worry about accelerated incomes," - a request from Congressman Jack Kemp for certain privacy legislation. John Factor arid Daniel Deutsch are responding to two requests from State Senator Eckert of Rochester. They are examining the statutory duties of the town supervisor and exploring the possibility of providing a state-funded, non-partisan ballot pamphlet. This pamphlet would go to every registered voter prior to a state election and would describe referendum issues and the qualifications of the candidates. Kunstler Urges Changes - - he said. "In the long run it really doesn't matter a whit when the coffin closes." He also said that thereshould be "some - goal other than self-interest there must be some way of practicing so you don't scramble over backs of people." As alternative modes of practicing law, he suggested law communes and changing of life styles. In his closing remarks, Kunstler told his audience that "most of you are already corrupted by the environment, you won't be able to break the chains. But some will be able to, there are some and when they cease, we cease." — �6 OPINION March 27,1975 Maybe If There Only Weren't So Much Apathy... �March 27,1975 OPINION 7 *■ ' , \ . ■ ■ These Pages Wouldn't Be So Blank. Get the Idea? Opinion Could Use Your Contributions! �Buffalo Finishes 2nd In Jessup Competition For the third consecutive year, a Buffalo Moot Court team finished as runner-up in the. Northeastern round of the Philip C. Jessup International Law Competition, held March 14 and 15 at Syracuse University. Buffalo was edged out only by Syracuse Law School. The Buffalo team, consisting of Mark Hellerer, Ray Bowie, and Gene Reibstein, also won an award for second best memorial .(brief) in the annual competition. Syracuse, the home team, also finished first in thebrief and oralist categories, emerging ahead of six other teams in overall scores. Teams from Buffalo Law School p Iaced second in the regional Jessup rounds in 1973, when Syracuse previously won at home, and in 1974, when the Cornell team won at Cornell University. The Jessup Competition problem this year involved a conflict between a developed nation and underdeveloped nation over the uses of a common watercourse, which the former nation alleged vas being polluted by the latter in March 27; 1975 OPINION 8 - Zaetsch Moot Court Jessup Team: Ray Bowie, Gene Reibstein, Mark Hellerer violation of both a bilateral treaty and customary international law. Both international law and environmental concepts were argued in the competition. In the regional rounds, the Buffalo team defeated Maine, Albany, and Cornell before losing by only one point to Harvard. Buffalo's overall scores, however, were bettered only by those of the Syracuse team, which went undefeated in its four rounds. Maine placed third; Harvard, fourth; Suffolk University, fifth; Cornell, sixth; and Albany, seventh. Buffalo Represented on Moot Ct. Bd. ofAmerica In response to Justice Warren Bugerr's criticism of the quality of appellate advocacy in the federal courts, the Moot Court Board of Capital University School of Law in Columbus, Ohio, sponsored the National Moot Court Workshop and Convention February 28 through March 2. The thirty-five law schools from around the country (including Buffalo) who accepted invitations formed the Association of Moot Courts, a national organization whose initial charter was ratified. The organization is open to all law schools in the United States, Canada and Mexico. Representing Buffalo's law school were Carlton Howard and Sanford Presant. Mr. Presant was elected to the Association's firstBoard of Governors and will serve as Associate Justice of The Moot Court Board of America for the following year. Mr. Presant and Mr. Howard hope to secure more competitions for Buffalo in the coming year, thus enabling Buffalo to expand its Moot Court program and select an increased number of students for membership on Buffalo's Moot Court Board. Tax exempt status sought The Association is currently seeking tax exempt status frpm the Internal Revenue Service in an attempt to secure sorely needed funding from national bar associations and other interested organizations. It plans a yearly national convention and workshops, an international competition exchange, a national problem exchange for its members, keynote speakers, and counselling for law schools throughout the continent in an attempt to bolster the quality and scope of Moot Court and thereby increase the quality of appellate advocacy in our courts. The Association elected its first Board of Governors from thoseschools in attendance. Elected the Moot Court Board of America, the Governing to Body, were: Chief Justice Mark E. Hayes, Capital University School ofLaw; Associate Justices Sanford C. Presant, SUNY at Buffalo Schoolof Law; Allan J. Fedor, Akron; Jane A. McFaddin, South Carolina; Don Wilson, Wayne State; Jack Welch, Western New England School of Law; Marye L. Wright, West Virginia; Garth Chandler, Brigham Young; and Clerk of Courts, Dick Beyer, Wake Forest.. by Dave Geringer Recently, Buffalo hockey coach Ed Wright was rumored to be a possible successor to Brad Houston at Colgate University. The Red Raiders, a perennial Division tailender, fired Houston recently, while Colgate athletic director Bob Deming, formerly Assistant AD at Buffalo and a good friend of Wright's said that Wright would receive active consideration if he decided to hire a Division II coach to replace Houston. Wright's resignation would complete the termination of the Bulls' dream of a Division I! championship, fostered three years ago when Buffalo upset first-seeded Vermont en route to a second-place finish in the playoffs. The Bulls had just upgraded their program from club to varsity status when Wright, a graduate of Boston University's championship team, was brought in to take the reins. After a season in the Finger Lakes League, Buffalo narrowly missed the playoffs in their first year of ECAC Division 11 competition. Spurred by efforts of players playing I above their abilities, the Bulls advanced to the final round of ECAC playoffs. The efforts were aided by the frustration of playing for a club hockey team for several years, followed by a successful season in the Bulls' second year of varsity competition and a snub by the ECAC playoff committee. Buffalo's squad was composed almost entirely of Canadians who had been admitted under the State UniVeristy system's old tuition waiver policy, in which any foreign student was granted a tuition waiver. The demise of the Bulls began with the drastic reduction of full tuition waivers granted by the SUNY system. Foreign student tuition waivers were, for the most part, eliminated, along with most of the Canadian players enrolling at Buffalo. As far as the hockey program was concerned, no adequate substitute for that program has been found, though the continued issuance of tuitionwaivers to all foreign students cannot be defended here. Wright sought to remedy the deficiency by replacing the Canadians with the best players from the Buffalo area, whilerecruiting a limited number of Canadians (two annually) through a tuition scholarship program. However, the outstanding local talent ended up at schools offering scholarships, while the players that the Bulls featured on their rosters were generally inadequate. The downfall of the Buffalo squad paralleled the rise of some of their opponents. The Bulls split a close four-game series with Western Michigan a year ago, while this season, Buffalo wasjsoundly trounced twice by the Broncos dt hdme. Ithaca; Which freq'ueHtly lest fo the Bulls by lopsided scores, lambasted Buffalo this year at,home, white losing by a goal and tying the Bulls at Holiday Twin Rinks. Hamilton College, another perennial Bull victim, defeated Buffalo this year in a contest which saw them take 61 shots at the Bull net, while Buffalo also dropped home contests to a weak ATC team and to traditionalrival Os.wego (twice). The chances of the Bulls repeating their success story of several years ago can roughly be likened to that of a snowball in hell. The possible departure of Ed Wrightis a symbol of Buffalo's frustration in seeking to repeat what is now an impossible dream. Sub-BoardSnarls Revealed to SBA Complaints from unpaid creditors of SBA organizationsearly this semester prompted an SBA inquiry to Sub-Board which revealed,, according to outgoing SBA President Don Lohr, that no vouchers were processed by Sub-Board during the entire month of January due to the illness of a key person in that office. The illness of Florence Henry, Sub-Board's head bookkeeper, prevented checks from being written by Sub-Board early in the semester and payments to SBA creditors were delayed a full month. According to Mr. Lohr, Sub-Board's directors "simply let things sit for a month." Sub-Board is SBA's agent for the custody and disbursement of law student activity fees. Mr. Lohr expressed dissatisfaction with other areas of Sub-Board operations during his term as SBA President. Sub-Board has, he indicated, at times overdrawn, the checking account it keeps for all student governments, this occurring when, despite SBA's solvency, other student governments have been allowed to expend more than they have been allocated. Despite prompt SBA processing of vouchers, Lohr stated, often Sub-Board would have to defer writing the checks due to these "(jash flow problems." In fact, SBA's vouchers would sometimes remain unprocessed, following these cash flow periods, while Sub-Board payroll checks were given first priority to available funds. Mr. Lohr complained also that Sub-Board's computer print-outs of SBA's available budget lines would be useless since new lines and transferred amounts were rarely reflected. SBA could obtain this information only from Sub-Board's bookkeepers, whose information was accurate. Honored (I. to r.): Mrs. John E. Leach, M. Robert Koren, Hon. Sebastian |. Bellomo, Robert W. Grimm Lohr cited another incident where Sub-Board, while undergoing Grace Marie Ange responsible for arrangements and an audit, apparently lost some REP forms relating to SBA vouchers. Hon. Samuel L. Green responsible for publicity. When SBA inquired into the whereabouts of theserecords, Sub-Board Awards recipients were selected by a committee could only reply that "if we don't have them, you (SBA] should." composed of Hon. M. Dolores Denman, Harold ]. If these revelations had not occurred so late in his term as SBA Brand, Everett M. Barlow, and Hon. Rudolf U. President, Lohr concluded, he would have sought to investigate possible budgetary autonomy for SBA from Sub-Board. Johnson. Law Alumni Bestow Awards Four Distinguished Alumni Awards were presented by the Law Alumni Association at its 13th Annual Dinner last Friday at the Buffalo Athletic Club. Each year at the annual spring event, the purpose of which is to raise funds for special Law School projects, the Alumni Associaiton bestows awards for outstanding service to the judiciary, in public service, and in private practice. Recipients this year were Hon. Sebastian J. Bellomo, former Chief judge of City Court and presently Court of Claims Judge; Robert W. Grimm, who served the public as County Clerkuntil this year; and M. RobertKoren, a private practitioner and former president of the Erie County Bar Association. The Association presented a Special Posthumous Award to Mrs. John E. Leach, who.accepted it for her husband, the Vice President of the New York State Bar Association and a past ECBA president. Mr. Leach died last July 10. Hon Rudolf U. Johnson, Association President, served as Toastmaster for the event, which was organized by Harold J. Brand, Jr. as Chairman, with Sudden death Zaetsch � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7bdea2ed6b698b411fbe33273a0b88fe.pdf 6aef62c589e49396775268db42301fe6 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 15, Number 11 State University of New York at Buffalo School of Law Search Planned For Schwartz's Successor , by Ray Bowie Within a week of the unexpected resignation of Law School Dean Richard Schwartz, effective at the end of the 1975-76 academic year, the mechanism for the selection of a successor has already been put into operation. Dean Schwartz announced, in a letter to University President Ketter dated March 26, that he intended to leave his administrative post next year in order to devote his time to "scholarly interests" and teaching. Dr. Schwartz also wanted to give the University adequate time to secure a replacement. In recent statements, President Robert Ketter has outlined the recruitment procedure, which will begin shortly with the creation of a search committee to solicit and evaluate applications for the post. The search committee, which will be headed by Dr. Ketter, will reportedly include several law faculty members, at least one student, and one or two representatives of the legal community. Charged with receiving applications both from all over the country and from within the University, the search committee will be expected to narrow the number of candidates to approximately a dozen by next January. Following that, personal interviews will be conducted, with the new Dean taking office in June. 1976. In his three-page letter of resignation, Dean Schwartz broached the possibility of his remaining with the Law School, and possibly the Sociology Department, in. a teaching capacity. "I have an appointment with the Sociology Department," Schwartz noted, "and I am project director for Training Lawyers as Criminal Justice Specialists." He also expressed interest in teaching a substantive criminal law course Speaking of his resignation, the 50-year-old Dean, a Sociology Ph.D. who became the first non-attorney law dean in the nation in 1971, explained: "it was a question of whether I wanted to go on for another five years. It has not been an easy thing to keep up my scholarly interests as a result of all the administrative details," Sshwartz added. Dr. Schwartz indicated that his primary reason for having left teaching for administration, though "I've taught for most of my career," was to spur the growing trend toward integrating law and the social sciences. Schwartz previously taught sociology at Yale and Northwestern universities, later teaching at Northwestern Law School as well. - continued on page 3 Law Review Elects Editors Zaetsch Review Editorial Board: (seated) Marc Schiller, John Hartje. Sam Kazman, Deborah Schwartz; (standing) Richard Murphy, Richard Cohen, Jeffrey Tannenbaum, Howard Solodky, Shelley Taylor Convissar, Vincent Cox, William Ernsthaft, David Weber, Jane Clemens. Another procedure from last which the new Board intends to continue is the "team approach" to the processing of professional and student articles. The procedure entails a team of associate editors, under the supervision of a senior editor, handling a single article through the various stages of editing and publication. The Review hopes next year "to increase income and reduce costs without sacrificing quality." While retaining the present schedule of three issues per year, the Editorial Board will investigate ways to reduce the printing costs of the Reviewand boost the number of subscriptions, particularly within the Buffalo legal communyear Shelley Taylor Convissar (Case 4 Comment Editor), Sam Kazman (Case & Comment Editor), and Recent Buffalo Law Review David Weber (Case & Comment ity. elections have resulted in the Editor) The Board also announced that selection of a new Editorial Board The new Editorial Board has Volume 25 of the Review will the laying of plans for the pledged itself, in a letter sent to mark its silver anniversary. To and 1975-76 volume of the Review. the faculty by Mr. Ernsthaft, to honor the occasion, authors who William Ernsthaft has been "the high level of quality that is have published in the Review in elected Editor-in-Chief for Vol- expected of the Review by thelethe past will be invited to contribume 25 by the outgoing Senior gal and academic community." ute to the volume. Faculty contriEditors and second-year Associate To this end, the Board has de- butions are especially encouraged. Editors. Others elected to the Recided to retain the procedure Noting that "the Review is an view's Editorial Board were Jane adopted last year for the selection integral part of the academic Clemens (Managing Editor), Rich- of new Associates from the firstcommunity," the editorshave emard Murphy (Publications Editor), year class. All candidates will be phasized the relationship between Jeffrey Tannenbaum (Technical required to submit a competition the Reviewand the faculty, invitEditor), Vincent Cox (Research paper, but half of the Associates ing faculty comments and critiEditor), Marc Schiller (Articles will be chosen on the basis of the cism. Gratitude was expressed to Editor), John Hartje (Articles Edi- quality of their papers, while the Professor Louis Del Cotto.the Ketor), Deborah Schwartz (Articles other haff will be selected on the vlew's advisor, for his assistance Editor), Richard Cohen (Case & strength of their first-year grades, over the past year and for the Comment Editor), HowardSolod- provided their papers are of accep"bond between the faculty and ky (Case 4 Comment Editor), table quality. the Review" that he has created. by Ray Bowie Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 April 10,1975 Sen. Buckley To Speak Tomorrow U.S. Senator James L. Buckley will visit the Law School tomorrow morning as the guest of the Distinguished Visitors Forum to deliver a lecture on the topic of selected current issues facing the nation. Theaddress, scheduled for 11:15 a.m., will be given in the Moot Court Room. A former businessman and attorney, Senator Buckley was elected as the candidate of the New York Conservative Party in a three-way race in 1970. Buckley, a life-long Republican, lists himself as "Conservative-Republican" in the Congressional Directory, and currently serves as a member of the Senate Republican Policy i derly, and would provide incenCommittee. tive for investors to participate more actively in minority-owned In his four years in office, Sen- businesses. ator Buckley has sponsored bills He has frequently called for a which give parents the right to in- strong national defense, a tougher spect their children's school re- U.S. posture on international drug cords for unwarranted informa- traffic, a discontinuation of federtion, ban the installation of seat | al economic regulation which is belt interlock systems in new i unwise or outdated, and sopken automobiles, would create a spe- out against the Congressional cial cost-of-living index for the el- | practice of "pork barreling." < Strauss Outlines Revenue Sharing by Louise Tarantino A guest of the Distinguished Visitors Forum, Strauss discussed varied aspects of revenue sharing and other federal programs for fiscal Strauss, currently a professor at the University of North Carolina, noted a trend in federal fund appropriations back to the 1920's system of increased state and local government involvement. He traced a reshifting of obligations from the federal government to the state level, with the federal government giving out money and the states using it under federallaw. Professor Strauss outlined several proposed goals of the current Sharing Bill, among them increased fiscal relief, heightened and increased participation in state and local government, of an insured source of revenue and improvement of fiscal ent at thelocal and state level. general provisions of the Bill allow the allocation of federal funds over a five year period, 1/3 of the funds directed to states, and 2/3 to localities. Strauss commented on the absence of federal watchdogs or audits on the use of the revenue: "there are relatively few strings attached, no matchingrequirements and it is presumed that the fundsare being used correctly." Social Security Mr. Strauss also discussed the implementation of a Supplemental Security Income Bill (SSI), a form of negative income tax designed to assist theblind, aged and disabled. He viewed this bill as an experiment in welfare which has received little publicity and therefore has not been utilized to its full potential. The goals of SSI legislation include uniformity of assistance in every state, a positive incentive to work and promptassistance through a simplified application. The SSI would guarantee an income of $1700 each year fof qualifiedapplicants. continued on page 2 ... - �April 10.1975 OPINION 2 Editorial Elections Editorials Opinion Editorial Board elections for the 1975-76 school year will be held Wednesday, April 30 at 3:30 p.m. in Room 624. Positions are open to any interested law students. Anyone desiring to run for an editorial position must submit a statement declaring his candidacy to the Editor-in-Chief in Room 623 by noon Monday, April 28. Absolutely no late applications will be considered. Interviews will be conducted prior to the elections. . From the Past . . Into the Future applicants The sucjden resignation of Dean Schwartz, prompted apparently by a desire to return to teaching and research, caps a five-year period in the Law School's history which has truly seen a greater range and depth of institutional development than any similar period in that history. The debate has and undoubtedly will continue as to whether various developments have been for the best, either for legal education or for the profession. But while we have indeed been at times critical of certain Administration priorities, there is simply no obscuring that it was during Dean Schwartz's tenure that student enrollments expanded from under 600 to 800, that the law faculty was increased 25%, that library collections grew to 200,000 volumes, that strong support was given accredited student activities, and that the Law School itself escaped cramped quarters on Eagle Street for a superb new physical plant. Few would deny the Dean's contributions in these areas, the hallmarks of his Administration. Attention has already shifted, however, as it invariably must, to the selection of his successor, a subject which elicits both the hopes and fears of many at the Law School. Whoever holds the office of Dean can, as has been seen, do much to shape the image and priorities of this institution. And whoever sits on the search committee, which will for the post, will shortly be formed to review inevitably be seeking a candidate for Dean who best reflects their own institutional image and priorities. However the faculty members of the search committee are to be selected, it would be advisable for everyone concerned, from President Ketter to the faculty itself, to insure that individuals who have vested interests in particular programs or extra-curricular projects do not dominate the selection process. The good of the institution, all parts of it, The Law Spouses Association should be the concern of the search committee, rather than will hold a plant sale this weekend the little academic fiefdoms always aspiring to empire. money for the LSA, Scholraise Similarly, with respect to student representation, early to hints that one student may be selected as adequate for this arship Fund. The sale will take 'place tomorrow morning in Norpurpose must be strongly resisted, for student interests are ton Hall's Center Lounge, and scarcely so monolithic as might allow such scant Saturday at the Law School on representation to succeed. Among students too, there are the second floor. Proceedings will vested interests and conflicting priorities, and at very least, begin at 10:30 a.m. and conclude the search committee ought to provide for the at 3 p.m. both days. representation of two or three different perspectives. The plants, all house plants, are The responsibility for insuring a balanced search of many different varieties. All are committee, one that hopefully will put the institution ahead suitable for the limited space of of the individual interests of its members, rests not only with student rooms or apartments. President Ketter, but perhaps moreso with the Law School's Hand crafted plant hangers will faculty and students. It's a responsibility that should not be also be sold, while LSA members will be available to offer instrucabdicated, since the Law School's future rests upon it. tion on the care and feeding of LSA Plant Sale plants. The Phantom Gravy Train Most graduate programs which provide graduate or teaching assistantships do all they can to publicize those positions, encourage applications, and incorporate the GA's or TA's into the framework of the program. However, at this Law School, assistantships are apparently accessible only to those who succeed in boarding a phantom gravy train. Assistants to the faculty are paid from various funds some from State money, others from Administration discretionary funds, a few from private grants, and several out of the professor's own pocket but one thing common to virtually all assistantships here is the secrecy in which they are awarded. There is a gravy train transporting a certain number of students each semester. However, for the vast majority of students, the opportunity is truly a phantom. Where State money or the Law School's "soft" funds are involved, we believe that there is an obligation to advertise the availability of these assistantships, as every law — — student should at least have the opportunity to apply for those grants supported by public funds. With a greater number of applicants to choose from, faculty members might even find that the overall quality of assistants would improve. Assistantships funded through private grant money or personal funds of faculty members may not entail as compelling an obligation to advertise such opportunities to aH students. But it would seem to be in the interests of the faculty, as well as fairer to the student body, to have a broader base of applicants from which to select. A system which has worked well for other graduate programs using student assistants will hardly hurt this Law School or the teaching effectiveness of the faculty. It may flag down the phantom gravy train, but more students might then be able to board that erstwhile phantom. The Outside World by Carl S. Heringer Arise, all ye harried fans of concerts past; rejoice, veterans of long-lines gone; celebrate, you who searched for unknown boxoffices; Ticketron has come to Western repent, scalpers of Xeroxed tickets New York. Ticketron is the electronic wonder of the Western World. For you who have never heard the term before, Ticketron is a computer complex based in New York City, with terminals in Cleveland, Pittsburgh, Philadelphia, Boston, Montreal, and now, Western New York, among other places. Ticketron works in the following manner: every morning a report of new items available on the computer is given to every outlet. When you want tickets to a concert, or almost any other major event, go to your nearest Ticketron office. The computer will give you a ticket on the spot, that very instant not a voucher, or a pass, but a real ticket. Furthermore, everybody has an equal shot at the best seats, since every outlet works through the central computer. There's no more worrying about which outlet gets the best seats and trying to get to that store before the rest of the world does. Tickets are sold at their regular price, plus a small service charge of up to fifty cents. Those acquainted with Ticketron are familiar with its past penchant for breaking down. No more. Buffalo Area Manager Edward Schilling stated that there are now two computers operating, with only a four-second delay in switch-over. Also, these computers are no longer burdened with OTB transactions. Therefore, things should be running efficiently in the future. Ticketron in Buffalo is already available in all four Purchase Radio Stores. President GeraldAbelson of Purchase, reported thatit is a solid success, running smoothly, giving excellent service, and in popular demand despite a dearth of advertising while the entire system is being installed. Within two weeks, additional outlets will be available in all Hengerers, Man-Two/Pantastik, and at the Source in the Main Place Mall. There are negotiations for an outlet at Norton (although I put in a vote for the North Campus). - — . Each outlet has available tickets to every Ticketron event, such as in New York City, a Broadway show, a Montreal event, or a happening in any city serviced by Ticketron. Ticketron is close to agreement with major Buffalo outlets for tickets to concerts, the theatre and sports events. All machines are operated by-trained personnel, so the machine will be ready when you are. Ticketron magazine, listing all upcoming events, is no longer published, so rely on radio and newspaper ads for a listing of events. a concert Volume IS, Number 11 Aprino,i97s • Upinion !"■_* Editor-in-Chief: Dave Geringer Senior Editor: Ray Bowie Alumni Editor: Earl Carrel Staff: Jeff Chamberlain, Eric Zaetsch Feature Editor: Louise Tarantino Business Manager: Alan Mantel lan DeWaal, Gerry Schuttz, Carl Heringer, OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlan Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views experesed in this paper are not necessarily those of the Editorial Board or Staff of OPINION, OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from StudentLaw Fees. 4» The Association has also tentatively scheduled a box lunch and bake sale for Friday, May 16th. This was planned for the examination period to give students an alternative to cafeteria fare. Elections to be held The nominating committee has presented a slate of officers for the annual elections. The slate presented by the committee is: President, Tina Stoufer (unopposed at present); Vice President, Don Monacelli,Sheilah Rostow; Recording Secretary, Sally Shermer, Cathy Donelly; Treasur- er, Steve and Roberta Pheterson (running as a team); Correspond- ing Secretary, Marilyn Oelorio, Victor Rostow. Nominations will be taken from the floorbefore the election. Election speeches of two minutes or less will be allowed before theelection. The LSA's annual banquet will be held Sunday, April 20th at the Crouching Lion Restaurant, with cocktails to be served at 4:30 p.m. and dinner at 5:30. The cost is $10.95 per couple, and April 12th is the deadline for receipt of money. Checks should be made out to the Student Law Spouses Association and forwarded to Cindy Monacelli, who is in charge of the arrangements. The Association will cover gratuities. - Strauss continued from page 1 Strauss indicated that government funding programs have had a positive effect on the fiscal situation. "Injecting money into the economy has to help. There has been a greater response on the local level and a slow-down in property taxes," he added. "SSI benefits have also doubled as of January 1974, a sign that the program has worked in helping needy people," Strauss continued. Strauss predicted that the Revenue Sharing Bill would be re-enacted when it expires in 1976. He also foresees a broadening of the SSI idea to encompass more people under its assistance program. �April 10,1975 OPINION Sudden death 3 END OF THE BAR by Dave Geringer by Jeff Chamberlain The proposed wrestling conference which would include Buffalo could be an advantageousone for the Bulls to join. The aggregation would include wrestling powers Perm State, Pittsburgh, Clarion State, Lock Haven State and Bloomsburg State, along with Buffalo. However, the Bulls would be forced, as members of this conference, to maintain the high level of performance that they have attained annually since Ed Michael took over the coaching reins five years ago. The alternative would be a winless conference record and a perennial last-place conference finish. Michael, an excellent recruiter, has been extremely adept at enticing wrestlers to Buffalo -since moving here from Corning Community College. His main source of talent has been the junior colleges. However, as more universities recruit junior college wrestlers, Michael's job will become increasingly more difficult, especially in view of the fact that the Bulls have no scholarship aid to offer. The conference would help Buffalo's schedule if the Bulls could maintain their present level of efficiency. Unable to schedule Perm State and Pittsburgh in past seasons, Buffalo could earn national recognition by defeating other conference schools. Presently, the Bulls must make an expensive excursion to Maryland or Navy in order to be "noticed. "SELF INDULGENCE" ***** The hockey Bulls have added Lake Superior State to an apparent attempt to strengthen their ties iwht the Central Collegiate Hockey Association. St. Louis University, a national power, is the only CCHA squad Buffalo will not meet next season. Unfortunately, the Bulls' recent performances have tended to show that they cannot compete with other CCHA squads. Buffalo was soundly thrashed by Bowling Green four times during the past two years, and dropped all four contests to Western Michigan in a four-game series this past semester. '- ■ ■ ■ •'■ ■ Now Lake Superior, one of the few teams to soundly defeat Western Michigan last season, has been added. The Lakers will undoubtedly add a pair of defeats to the Bulls' record next year. Previously Buffalo was one of three teams in the CCHA's Division 11. Since Division I also had only three squads, the Division II champion was invited to the league's postseason tournament, leaving the Bulls with a chance, albeit a slim one, for postseason action. Western Michigan, buoyed by last year's successes, will shift to Division I this year. Ohio State, whichhas never lost to Buffalo in eight contests over three years, is expected to join them. Thus, the CCHA will no longer be forced to go outsideDivision I for playoff participants. The Bulls will remain as part of a two-team CCHA Division 11. The other half is Lake Forest, a relatively pathetic squad based near Chicago. It is clearly not worth an eight-hour drive and two nights' lodging to register two one-sided wins. Buffalo would undoubtedly be better off if they removed Westenn Michigan, Lake Superior and Lake Forest from future schedules. Rochester Tech would fill the bill nicely as a local patsy, while ECAC squads such as Army and/or otherNew England schools would provide the Bulls with even contests, and games that will have Eastern Collegiate Athletic Association Division II playoff importance should Buffalo be victorious. next year's schedule in • And the sad truthwhich hovers o'er my desk Turns what was once romantic to burlesque. — Byron A parody, properly, is a humorous imitation of a serious piece of literature; a comic or satirical imitation of a piece of writing exaggerating its style and content in a sort ofreductio ad absurdum, playing especially upon any weakness in structure or meaning of the original. An excellent example is Lewis Carroll's "I Met an Aged, Aged Man," which parodies (verb, transitive) Wordsworth's "Resolution and Independence." Harvard Lampoon takeoffs on national magazines are parodies; the National Lampoon is not. (Ideally, neither of these magazines are "lampoons." A lampoon is a malicious or virulent satire upon a person, and is never good-natured.) Originally, a parody required a specific piece of serious literature as a foil. The more modern liberalization of the word allows a more general foil. Thus, we speak of a parody of events or personalities, as in the play Macßird, or Doonesbury comic strips. This broadening of the use of the word has muddled the distinction between parody and burlesque. The vulgar (Middle English from the Latin for mob, common people) synonymy of burlesque with striptease is inaccurate. (Travesty: a deliberate debasing of which the speaker disapproves.) A burlesque is an artistic composition, usually literary or dramatic which, for the sake of laughter, treats mundane matters with mock dignity, or vulgarizes lofty material, Alexander Pope's "The Rape of the Lock" is a proper burlesque, although it has many satirical elements. Satire is the employment of irony, sarcasm, ridicule, and so on, for the purpose of exposing vice and denouncing folly or indecorum. It differs from invective in that it remains humorous, and may be distinguished from burlesque in that its primary aim may not be. Jonathan Swift left his fortune to found a lunatic asylum in Ireland. To show [he said] by one satiric touch No nation wantedit so much. Proper legal parody is in short supply, probably because we are an illiterate profession. Another reason may be that the rule of stare decisis is in itself an inadvertant form of parody. Swift noted: "it is a maxim among these lawyers that whatever has been done before may legally be done again; and therefore they take special care to record all the decisions formerly made against common justice and the generalreason of mankind. These, under the name of precedents, they produce as authorities in subsequent controversies." A precedent, of course, embalms a principle. To one unaccustomed to look seriously at any attempted systemization which builds upon the collective misapprehensions of generations of lawyers and judges rather than logic, the common law appears at least ironic. Irony derives from a Greek work meaning a dissembler. Today, the term implies a deliberate distortion for effect or to intensify meaning. An essential feature is the contradiction between the literal and intended meanings of what is said. In Mac Flecknoe, Dryden praises his enemy, Shadwell, by noting "Shadwell never deviates into sense." A string of legal precedents is dramatically; ironic in that the literal meaning of a word or phrase (for example, person) may be changed into a concept unintended and unforeseen ,by the original courts (for example, corporation), and indeed contrary to the plain meaning of the language (necessary "may import that which is only convenient," [91 P. 2d 1087,1088]). John Quincy Adams called it "law logic;" "an artificial system of reasoning, exclusively used in courts, but good for nothing else." This "development" of legal doctrines through ironic transsubstantiation of the meaning of words is highly parodical. Subsequent cases imitate their predecessors, changing their meaning in the process. All that is lacking (ignoring stylistic considerations) is an advertant humorous purpose. But when the law, in its majestic equality, forbids the rich as well as the poor to sleep on park benches, perhaps humor in lawis either inappropriateor implicit. Turn of the Screw by lan DeWaal Students who are currently in work-study positions have until June 28 to finish their grants. After that date, only students who have received summer work-study grants will be continued in theprogram. Summer work-study decisionswit! be made at the end of April. On a date to be determined, students who wish to participate in the summer program will have to go to the financial aid office on the main campus and apply to have their files evaluated. In a departure from past procedure, release forms will not be issued on that day but will be sent to the student within a week. Hopefully the chaos traditional to this event will be eliminated. The date will be posted in the law school once it has been announced. Failure to go to the Financial Aid office day will preculde you from receiving a summer that on grant.. As mentioned in an earlier column, please check with Financial Aid office now to see if your financial aid continued from page J the application for next year has been completely received and filed in that office. Financial Aid is not concerned with Faculty Included students who pop up in September and claim that they In his letter of resignation, Dean Schwartz filedall the forms but no awards have beenreceived. recommended to Pres. Ketter that "the faculty members and the chairperson of the search committeebe chosen by the faculty according to its principles of governance," presumably by direct ballot, and that the faculty members include at least one non-tenured law professor and one representative of another department. He also suggested 16 that a student and a practitioner be included on the committee "in a manner which accords with the wishesof the law faculty." at University Press realize that many of you don't Most of the letter, however, was devoted to a We often come to the Main Street Campus, so, to make it summary of the Law School's development over the last easier for you, in an attempt to better serve the Law five yearsand an expression of confidence in its future. School community, we will have a representative of the "I am glad to be able to say," Dean Schwartz Press at O'Brian Hall. You may look at our portfolio of concluded, "that my faculty has devoted itself vigorously finished resumes, select your own typeface and stock and concentratedly to the strengthening and development color, and arrange for printing at this time. 50 copies of a of the school." Of the students, he commented, "it is one-page resume will run you $13.25,100 copiesis $1.50 will cost $19.75 for 50, $22.75 for heartening to find, in the bar and bench, as pervasive an more. A two-pager 100. You'll have to come to our offices to proofread affirmation of the ability of our students and recent your printed, and pick it up there too. copy before it's graduates." The Dean also expressed his appreciation for 50% deposit. If you have any questions before hand, call the School's support staff, "one of the finest groups of or 4215. 831-4305 such staff people as I have ever known." Search Planned - Resume Day at O'Brian Hall Wednesday, April 1-4 p.m. Room 316 Two weeks ago, an announcement that stated ABA loans were available to students was posted. Unfortunately, it was not made clear that these loans are available for this semester. Each year, an application must be filed by the.law school to request new funding. Funds were available late this year becauselast year's application was not filed on time. The program is currently being reevaluated by the ABA, which will soon announce if the program will continue. If it is continued, an announcement of available funds will be made early next year. Please remember that this is a federally guaranteed loan program and that all loans (including (NYHEAC) cannot total more than $2500 a year and $10,000 total. Also, the Financial Aid office is investigating whether or not a student who already has a federallyguaranteed loan from a lending institution can participate in this program. Scholar Incentive applications for the summer and will be available in June. Anyone who is seeking a summer award must take six credits. In addition, the summer tuition will have to be paid with a reimbursement being sent late tn the fall from the Scholar Incentive Center. next year Finally, a minimumrepayment schedule for NYHEAC loans has been secured. This amount becomes due each month independently of National Direct Student Loan (NDSL) payments. The two amounts should be added together to estimate how much your monthly payments will be after graduation. Estimates of the NDSL payments were in this column on February 20,1975. MINIMUM PAYMENTS Amount Borrowed $1,000 $2,000 $3,000 $4,000 $6,000 $7,500 Monthly Payment $36.43 39.60 $45.28 $50.03 $69.66 $87.08 7% Number of $2,949.60 (2)4) (5) (7) (9) (10) 120 (10) Interest $ 92.90 $ 376.00 $ 803.52 $1,403.24 $2,359.20 Mo. 30 60 84 108 120 (Yrs.) �This Newspaper Being Judgment Proof, We Haven't Given A Damn About Whom We Have Maligned By These Malicious Falsehoods Opinionated Besides, The SBA Is Responsible For Fund ing This Rag.. And We Don't Even Like Them. So. Go Ahead... Sm Faculty of Socratic Sophistry Belated April Fools' Day Placement Director Found; Red Lost to Law School Coup at Hayes President Robert Critter was kilted yesterday in a bloodless Nancy, Dean Porsche continued, "stood head coup SUNY/Buffalo at Hayes Hall. Six members of the Psychosomatic Liberation Army (PLA) and shoulders" over the other candidate for the job, are holding Vice President Albert Vomit underoffice arrest. Iron the Mailman. Former Students Bored Association (SBA) official Don Boor reported that Law School Dean Red Porsche announced last Asked about the job's qualifications, the Dean the PLA members had made several demands after being drunk for 77 week before a hushed faculty meeting that "after replied that the Law Schoolrequired that applicants consecutive hours after Critter was overthrown. "They have demanded that the three years, two months, and fifteen days of battling be admitted to the bar and have one year's administration turn Acheson Hall into an amusement park," declared Boor. against adverse forces surrounding this law school administrative experience. "Nancy," he "was "They also have called for the Amherst Campus to be converted into a lake via and especially me, I am pleased to announce that admitted to Mulligan's when she wentadded, there last the use of nuclear weapons and the diversion of Niagara Falls. In addition, they Nancy thePlacement Secretary has been selected as Friday night, and her resume indicated that she is want an airplane, immunity from persecution, not to be called on in their law the new Placement Director. By the way, I also fully capable of administering her typewriter so as to classes, and safe passage to Cheektowaga." resign." Former intramurals director Bill Muckrake, leader of the insurgents, was keys to leave imprints on paper, a skill reported cause the cursing loudly over the megaphones at Hayes. His second-in-command, The stunned silence of room 209 was shattered exceeding that of anyone else in the administration former professor John Spaniel, yelled "Long live the Revolution" into the only by the "HAW, Ha, ... Hee Hee Hee" of John here." telephone. He was, however, unable to specify the revolution he was referring to. Henry Bagel, the knitted brow of Del Grotto, the The long delay in acquiring a Placement machine-gun staccato of Newschool, and other Director for the law school, Dean Porsche explained, Empty car sounds too obscene to characterize. was caused by "unfavorable sounds from Hayes According to several blind witnesses, the event began whtfn the the members Unperturbed, the Dean announced that a Hall," "Mysteries in Albany," and "a dense fog of the PLA rode up to the main entrance of Hayes in an empty car. They three-month search of Room 309's secretarial staff which seems to permeate my office whenever I'm in demanded to be shown to the Office of the President, a seemingly idiotic request had resulted in Nancy being selected as best qualified there." that was granted. by a search committee consisting of Assoc. Once inside, they caused Critter to suffer "irreversible psychosomatic brain Questioned as to thenotice of resignation which Provostial Dean Bob Phlegming. Student he had publicly posted last Tuesday, he impishly damage," the technique that inspired one observer to give them their name. Vomit was held in his office by assorted lunatics wielding blades of grass, which participation was assured when Mr. Phlegming asked j grinned. "Last Tuesday? You mean April Ist? they claimed were ray guns from another planet. a random student "whether he liked Nancy the .APRIL FOOL! Five more years, Five more years The vending machines in the basement of Hayes were reportedly used to Placement Secretary" and the student replied "She's [Chorus of'Cleo, Milton, Marc, and Herman fend off reporters who came to investigate the coup. A newsman from Channel 0.X., I guess." j ..." join in the chant.] 19's "Eyeless, Witless News" was supposed have been beheaded. by S. Tomic Spy . to Suicide Disrupts Class by J.J. Catastrophe A fifth-year law student from a suburb of Tonawanda was found dead yesterday during his Constitutional Law class. Wax Incredulous, age 23, was found wedged between the blackboard and the wall in Room 107 O'Brian, the victim of an apparently self-inflicted gunshot wound. Professor Hy Lorn an revealed that he had become suspicious when the blackboard began moving toward him as he was addressing his class. "I thought that someone was getting his revenge for my surprise, in-class, no-book final last year," said Loman, who failed his entire class when they all burned their exam books in disgust. "When I heard the thud, I thought that the wall was crumbling," Loman continued, "but then I saw a head fall out of the wall." Loman then collapsed, causing the remainder of the body to drop to the floor. World traveler Incredulous, a well-traveled law student, had been the only Buffalo law student to ever apply for a summer job with the Urban Corps in Antarctica, where he hoped to initiate the Antarctica Civil Liberties Union. When he was told that the Corps had abandoned Antarctica during the previous year due to a lack of suitable office space, he took a summer job as advisor to the DalaiLama in Tibet. After he returned from his summer internship, Incredulous was told by the financial aid office that his final three paychecks had mistakenly been shipped to Nepal. He found them at the top of Mt. Everest in October. Incredulous then intended to come back to Buffalo, but his flight was hijacked seventeen different times. When he finally amved in Buffalo, he was told that he had been given four F's for failure to take his final exams. No weapon, no conviction In January, he was arrested for the yak murder of three financial aid officers, but since the murder weapon was never GET found, the charges against him were dismissed. Last week, he attempted to pay for his spring textbooks at the bookstore with a Tibetan money order. The bookstore's manager, Caribou Mesh, suffered a stroke when whe saw that Incredulous was serious. Incredulous then fell asleep in the classroom with a pistol taped to his head. He leaves threewivesand 2V4 children. Hockey Bulls to Switch Site by Punch Drunk Due to an attendance problem, the hockey Bulls have transferred their home games from the Holiday Thin Picks to the Amherst Wrecked Center, effective next season. The Wrecked Center was an alternative to the proposed site, the Amherst Bubble, which had to be scrapped when it punctured while workers were attempting to install ice-making equipment. "s%f (&*%%+ss*!" exclaimed one. The Wrecked Center, which got its name when an airplane traveling from Ethiopia to Moscow crashed into its roof three years ago, has many advantages. "We have the world's first tilting ice surface," beamed Bull Coach Ed Wrong. "It is controlled by a panel under the ice. Last year, the Tonawanda Twerps used the Center and were unbeaten, untied and unscored upon at home." Secret weapon The Center also possesses a new movable electronic Scoreboard. "We can use it in many different ways," Wrong noted. "I may use it to block the door of the other team's dressing room, if we need a forfeit late in the season. It can also be used as an extra goaltender. Last year, Tonawanda dropped it on the ice when the other team got a 5 against 0 break. It wiped out 2/3 of their team," Wrong laughed. Wrong also disclosed that new seats have been installed at the rink." We have removable seats," Wrong explained. "When one of our players gets a hat trick, fans can throw their seats on the ice instead of their hats. In addition, they can throw them at the officials when we get penalty, or decapitate the goal judge if he rules that a goal has been scored against us. Finally, they can be used to start fights in the stands, another aspect of having a good time," Wrong added. » Trapdoors galore The Centeralso has many trapdoors beneath the ice surface. "They usually learn riot to send players Into our zone after. a couple of times," Wrong advised. "Sometimes they are very stubborn. Last year, St. Mary's School for the Deaf lost eight players in the first period alone, and the others fell into the whirlpool in the middle of their dressing room. They dropped hockey," Wrong said. "We may finally achieve that unbeaten season this year." Screwed by I.M. deWalrus "Trie entire staff of the Financial impediment office will walk off the job next Monday, according to Ms. Eclaire Mangrove, Financial Impediment liaison for the Law School. "The cuts in available funds reaily hit home when the Governor announced that we would be transferred from the state budget to work-study positions," explained Ms. Mangrove. Student reaction to the upcoming walkout was mixed. "I don't anticipate any delay in receiving my financial impediment award for next year," stated "Big Bucks" Headstrong, a freshman law student. "They haven't processed my award for this year yet." Students were apparently unaware of the Implications of this new budget cutting decision. Because of time-consuming attempts in Congress to raise revenues by authorizing the sale of students currently indebted under Federal Loan programs to the highest-bidding Middle East power, there will be no expansion of the Work-Study program to absorb the new participants. "They will just have to tighten their book-belts and bite their Cliff-notes," stated a White House sorcerer. The Financiai Impediment Office announced that due to the absorption of Its staff by the Work-Study Program, there will be no funds available at all for students nextyear. "We have to eat too," pouted Director JoeStillborn. However, Ms. Mangrove told Opinionated that the staff would not take their transfers lightly. "When we heard about this, we decided for the first time in ten years to request additional work-study funding," said Ms. Mangrove. "We never needed additional money before." Their request wjis refused by the Feds. As a result, the Financial Impediment staff convened a strike meeting yesterday. Proposals to engage in a work slow-down were defeated after disgruntled members suggested that no one would notice a difference. There was an apparent voice vote in favor of a strike, however, due calls for a "reading of to the roll," the final tabulations were delayed until representatives of the College Striking Service could certify the results.. The final vote will apparently never be known. The College Striking Service maintains that the ballots were lost In the mails. Charles Wail'n, Law School registrar, has announced ne» registration procedures for next Fall. Law School observers suspected such a change was coming when Mr. Wail'n was seen erecting "start" signs at the west end of the newly constructed Amherst athletic bubble, while placing a box, apparently full of class cards at the oppositeend of the structure. "This will really speed up the registration process," claimed Mr. Wall'rv Students who participate in the new registration procedures will immediately know what classes they are registered for. We decided to adopt the speed of the computer registration process and combine it with the certainty of the old manual registration in the gym." Under the new system, the entire population of the school will assemble at the west end of the bubble on September 1, with seniors at the front and tresnmen at the back. Each class will alternately line up In alphabetical order and then reverse alphabetical order, to Insure the randomness of course selection and to guarantee fairness. At the sound of asurler pistol fired by Iron, the Mailman the entire group will proceed as quickly as possible to the other end of the bubble and begin selecting class cards. "We expect the whole registration to take no longer than five minutes," beamed Mr. Wall'n. "As soon as It is finished everyone will know what courses they are registered for" When asked how he planned to keep the law from killing each students rl h f box ofcIMS Mr w n "Plained that ». »•. hi Cal b h b n ur lne us for <° cut ,h and »he" Ketter told us we couldn't •"'" reduce «"*»<•• admissions tocut back on class sljes, had to think of a quick way to lack-up we the attrition rate," said Mr. W.ll'n. "No one was going to flunk T I'""", doTn ? .' ■"""J"."' tZI "!! "*".", °' ""'° " - " """• " » '"' out"' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5e6cc06cb4e4556434a236989043f9eb.pdf 326c1563272cd7950d9c9870b19fa1c3 PDF Text Text Opinion Opinion John Lord .O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 U.S. Postage PAID Buffalo, New York Permit No. 708 April 24, 1975 State University of New York at Buffalo School ofLaw Volume 15,Number 12 Rep. Holtzman To Speak on Sunday Buckley Bars 3rd Party, Calls for Vietnam Aid that many Vietnamese people Congress. Buckley said be slaughtered if the that legislators are often forced to U.S. Senator James Buckley President's request is rejected by rush on the floorand get a capsule analysis of a bill from someone (C-R, N.Y.) called for Congress. Buckley went on to explain the that they trust. "This is a sloppy conservatives to work within the two-party system, during his press question of military assistance. way of doing our nation's conference following an address in "Will we deny the South business," Buckley continued. the Moot Court Room Friday, Vietnamese the capability to The Senator closed by claiming April 11. Buckley stated that he defend themselves?" the senator that the way to restore the capacity of wasn't encouraging the asked. the federal development of a third party government to work effectively was to rediscover federalism, presidential candidate next year, a Workload increased proposal that has been made by In his earlier speech, Senator giving the states authority over some conservative Republicans Buckley indicated that the their own affairs. "Federalism has who are dissatisfied with President workload of the average historically been a great source of office had strength in the American system," congressional Ford. Buckley, who was elected as a quadrupled. A legislator may have Sen. Buckley declared. Conservative in a hotly-contested three committee meetings to " Responsibilities should be three-way race in 1970 but is now attend at the same time, making it delegated to the lowest level of affiliated with the Republican virtually impossible for him to keep government competent to handle Party, indicated that a third-party track of most of the legislation in them." movement would be encouraging to the development of splinter presidential parties. Some politicians have pushed former Governor Ronald Cal ifornia Reagan as a prospective presidential candidate if a third party is formed. Senator Buckley also said that he would support both humanitarian and military aid for South Vietnam in "whatever the appropriate amount is." The senator said that if he had to vote on the measure immediately, he would approve President Ford's $722 million package and "hope that it would be worked out in by Dave Geringer Non-Profit Organization Congresswoman Elizabeth Holtzman (D., N.Y.) will speak on the subject of "The Politics of Conscience" this Sunday night, April 27, as the guest of the Distinguished VisitorsForum. The address will be held in the Moot Courtroom beginning at 7:30 p.m. Prior to the speech, at 7:00, the Niagara Frontier Chapter of the New York Civil Liberties Union will meet for a public session in the Moot Courtroom. A fund-raising reception -for the N.Y.C.L.U., cosponsored by the Student Chapter, is scheduled earlier in the evening, from 6 to 7 p.m. in Room 105. Ms. Holtzman, who represents a part of Brooklyn, is a 33-year old Harvard Law School graduate, serving her second term as Representative of New York's 16th District. The youngest woman ever elected to the House of Representatives, she entered the Congress in January 1973 after defeating Rep. Emanual Celler in the June 1972 Democratic Party primary. As a member of the House J udiciary Committee, the Congresswoman participated in its deliberations on the impeachment of former President Nixon. She retained her assignment on the House Judiciary Committee in the 94th Congress. could' committee." Sen. Buckley said that the appropriation would assist in evacuating the 6,000 Americans remaining in Vietnam. He warned Sen. Buckley responding to questions following Moot Courtroom address. Carr The Honorable Sol Wachtler, Associate Judgeof the New York Court of Appeals, discussed "The Crisis in the Courts," -Monday, April 7 in the Moot Court Room. A guest of the Distinguished Visitors Forum, JudgeWachtler remarked about the various problems causing a crisis in the court system and the means of alleviating someof thesedifficulties. Wachtler advocated taking certain matters, such as victimless crfrnes, out of the court. He suggested that crimes such as intoxication, violation of Blue Laws and prostitution should not be part of the criminal justice system, and could more readily be handled out of court. Judge Wachtler also said that uncontested -divorce proceedings and annulments did not belong in court when "hundreds of indictments are backed up because of lack of court space." Allowing law secretaries to take testimony in these cases and presenting only the testimony to the judge for review is one answer, Wachtler indicated. Constitution. Faculty Debate, Table Early Exam Proposal by Ray Bowie Wachtler: Court Crisis by Louise Tarantino In January, 1975, Rep. Holtzman was appointed to the House Budget Committee established in 1974as part of the new Congressional budget process. The Committee has responsibility for setting budget targets and priorities as well as approximate tax and debtlevels. Congresswoman Holtzman is a member of the Judiciary Committee Subcommittees on Immigration and Criminal Justice. As a member of the Judiciary Committee she participated in the Vice President confirmation hearings of Gerald Ford and Nefson Rockefeller under the 25 th Amendment to the Changes can be made "Don't look at this and say this is the way it is and is supposed to be," Judge Wachtler advised his audience. He told law students that they "can make changes" by presenting appeals to the Bar and moving toward the legislature. He also warned law students not to "develop thought processes endemic in our profession what was is not good enough." Wachtler supported breaking from precedents and traditions that are in existence only because they have always been, not because they are functional or practical. He pointed out several changes possible through progressive legislation and implementation of modern technology in the court, such as videotaping of testimony, a time-saving device which would allow a filtering out of objections and motions and presentation of testimony in context. Judge Wachtler also advised prospective trial lawyers that in order for the adversary system to be truly effective, both lawyers must be up to their task. He pointed out that trial lawycring demands special technique, a technique which "separates the lions from the lambs." — - 9 meeting with a request from Associate Dean obert eming at c faculty go on record as favoring the principle of exams before Christmas. Considerable discussion of the request led only to a vote Budget and Program Review Committee draft specific lar options for considerationat the May faculty meeting. Acknowledging irregularities in the referendum, Mr. Fleming that the conclusion could still be drawn that the students supported the two early semester options by a margin of 8 to 1 over calendar. Of the 297 votes reported, students seemed, he ted, to vote equally for options two and three on the ballot, whichincluded exams before Christmas. >f For two and one-half days prior to the faculty meeting, the SBA it BPRC's request, allowed students to indicate their preference referendum ballot for either the present system, an early-stop calendar beginning in September, or an early-stop calendar beginning late in August. Only 38 students voted for the current calendar, while 137 preferred the second (September 2 start) option and 122 voted for the third (August 24 start). Approximately thirty ballots were voided due to irregularities, which were more commonplace than in previous referenda since the ballot box was unstaffed. In the discussions following Mr. Fleming's presentation of the tthe K'esent - continued on page 5 �OPINION April 24,1975 2 Editorials Editorial Elections SBA Referendum: A Farce was negligible, consisting of one sign located above the poll box on the second floor on the day of the referendum. The ballot box was also unstaffed, allowing students to vote as many times as they wished. Ms. Gerasia claimed that she was unable to secure volunteers to work at the voting table. Efforts could have been made to conduct the referendum in the SBA office, which is supposed to be open President Rosemary Gerasia revealed that she was first during most of the day. It seems that SBA made only a informed of the need for the poll only five days before it half-hearted effort and ended up with, at best, a half-assed was conducted. However, the publicity for the referendum poll. Due to factors both under and beyond the control of SBA, the recent referendum conducted to determine calendar priorities was a farce. Despite being under pressure to conduct the poll on rather short notice, trie SBA presented the referendum in a manner that can be charitably described as poor. Knock Your Head Against The Wall It is unfortunate that the members of the Law School faculty saw fit to refer the calendar proposals back to committee during their recent meeting. It seemed that the traditional horror of exams after Christmas was finally going to be eliminated, but the tabling of the proposals indicates that proponents of a revised schedule may be knocking their heads against the proverbial wall. study (in effect, that students could not properly decide for themselves what would be in their own interest). Some claimed that faculty deadlines for grading exams should be extended so that professors should not have to grade examinations during the holidays. This would be unnecessary, as a substantial number of faculty members here never bother to adhere to the deadlines presently in effect. It would be a shame if the proposed calendarreforms Various faculty members voiced objections, the most were rejected and students could look forward to further oft-used one being that students needed the extra time to futile attempts in the future. Budget Priorities Needed The Student Bar Association, like everyone else in this period of inflationary recession, has fallen on hard times this year. The Law School student government is faced with a substantial depletion of its surplus funds and a projected net income next year of only $23,600. Treasurer Cathy Novack has been running a tight ship with the SBA fisc since her election last February, and being fully cognizant of the prevailing budgetary limitations, she has already undertaken steps to insure that allocations for the 1975-76 fiscal year are handled responsibly. We believe, however, that the SBA must, in deciding the 1975-76allocations, define for itself certain general areas, of funding priorities in a period of retrenchment like the current one. While resort to a utilitarian formula, where greatest funding would go to activities benefiting the greatest number of students, may be too mechanistic a solution, SBA must subject each allocation request to close scrutiny and appraise them all according to the criterion of relative worth to the student body at large. Activities which provide benefits, or at least an equal opportunity for participation, for all students should clearly be accorded priority for funding. Those activities which are available only to few should naturally be the lowest priority. In between, of course, exists a continuum of relative priorities, which can likewise be equitably funded under the same criterion. However, there are certain activities which benefit so relatively few students and yet are so costly as not to be able to pass muster under any cost/benefit standard. Chief among these are the conventions which a number of organizations expect to attend at SBA expense each year, these conventions usually located in Southern California or other points far south of Buffalo. Indeed, the conventions often entail more pleasure than business, and it has become somewhat of an open scandal that SBA, continues to fund annual vacations for a few people each.year. Convention expenses will cost SBA thousands of dollars next year even with new limitations on the maximum amounts, but at a time in which more beneficial activities face substantial cutbacks, there can be little justification made for continuing the funding of such exclusive and expensive activities for a few. With the exception of ABA/LSD conferences, at which SBA represents the entire student body, all organization convention requests might therefore be denied funding for 1975-76. Organizations which request allocations for other activities involving travel or lodging should, where such activities are actually supportable for their benefit .to the reputation of the student body, at least provide justification in those terms. SBA's priorities, in any case, should focus upon activities which are intramural and beneficial to the largest number of students.. Onto The Bandwagon. . . Into Disgrace How ironic it was that, no sooner had the above editorial on the relative wastefulness of convention allocations been formulated, that the SBA should rush headlong, with an incredible expenditure of student funds and in the name of the student body, into the greatest "convention" boondoggle ever: the undertaking of a lobbying effort in the New York State legislature on behalf of the Attica movement. The same bandwagon that stopped at Norton Union last week has now rolled through O'Brian Hall, carrying away with it a big chunk of SBA's treasury. By a vote of 13 to 6 last Friday, the SBA representatives have purported to commit us, and $1300 of our mandatory activity funds, to an ''official" positjon demanding the dropping of all Attica indictments and convictions returned by grand juries and trial juries. Two buses will be rented to carry approximately 100 students to the State Assembly on Monday, when Assemblyman Arthur Eve will introduce an Attica amnesty resolution, so that they might, as SBA supporters of the measure put it, either just "observe the legislature" or more truthfully participate in a planned Attica demonstration and lobbying effort for Mr. Eve's bill. Further, SBA is going to send letters to the — — local news media proclaiming that the law students at this school demand this Attica amnesty. The SBA actions, reflecting an unwelcome change in the composition of that body, are an unconstitutional abuse of delegated power, a likely violation of the SUNY guidelines for activity fees, a wasting of common student funds for the political commitments of some, and a foolish imperiling of SBA's lax exemption. continued on page 8 Volume 15, Number 12 April 24,1975 - flnirtl/Wl I JIJIIIIUII Editor-in-Chief: Dave Geringer Senior Editor: Ray Bowie Feature Editor: Louise Alumni Editor: Earl Carrel Tarantlno Staff: Jeff Chamberlain, lan DeWaal, Gerry Schultz, Cart Herlnger, Ertc Zaetsch, Brian Carr, Robin Skinner, Tom Lochner OPINION ii published every two weeks, except for vacations, during the academy year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlan Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views experesed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION Is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is,determined collectively by the Editorial Board. OPINION Is funded by SBA from Student Law Fees. Opinion Editorial Board elections for the 1975-76 school year will be held Wednesday, April 30 at 3:30 p.m. in Room 624. Positions are open to any interested law students. Anyone desiring to run for an editorial position must submit a statement declaring his candidacy to the Editor-in-Chief in Room 623 by noon Monday, April 28. Absolutely no lateapplications will be considered. Interviews will be conducted prior to the elections. Fenton Lectures: Law & Social Change A significant segment of the legal profession views itself as armed with a moral mandate to promote change. Are lawyers really effective in this role? What part, if arty, can lawyers play in bringing about social change? These are some of the questions that the James Fenton Series lecturers will attempt to answer in the Moot CourtRoom next Tuesday, May 1 at 8:00 p.m. The lectures and panel discussions on the topic "Lawyers and Social Change" will be held at that time. Participants, in the Fenton Lectures this year are Dr. Stuart A. Scheingold, professor of political science, University of Washington;. Michael Tigar, attorney, Williams, Connolly and Califano, Washington, D.C.; and Dr. Michael Walzer, professor of government, Harvard University. Professor Marc Galanter will moderate the parlel discussion following the jfo,r,raal presentations. Dr. Scheingold received his Ph.D. from the University of California at Berkeley in 1963. He was a research associate at Harvard University's Center for International Affairs from 1964-1966 and has taught at the University of California at Davis and at the University of Wisconsin at Madison. His books include The Law in Political Integration (1971), and The Politics of Rights: Lawyers, Public Policy and Political Change (1974). Former Law Review Editor Mr. Tigar graduated from the University of California at Berkeley in 1966, where he was editor of the Law Review. He rose to prominence as a "radical" lawyer in the 1960's with such cases as Dellinger v. United States (Chicago Seven), United States V Rap Brown (wire tapping issue), and People v. Angela Davis. Tigar taught law at the University of California at Los Angeles from 1969-1971 and maintained a private practice of international law in France from 1972-1974! His book, Bourgeois Revolutionaries and the Law, written with M.R. Levy, will be published later this year. Dr. Walser received his Ph.D. from Harvard University in 1961 and taught at Princeton University from 1962-1966. At Harvard ne teaches "History of Political Thought" and "Problems in Contemporary Political Philosophy." Dr. Walzer is the author of The Revolution of the Study In the Origins of Saints: A Radical Politics (1965), -■continued onpage 5 �OPINION April 24, 1975 3 American END OF THE BAR by Jeff Chamberlain Injustice give devise and' bequeath unto my Executors and Trustees to convert into money as they deem advisable and invest all the money until the expiration of nine years ... National Lawyers Guild Commentary The recent disclosures of official illegality in the from my death and then call in and convert it all into Attica prosecution have confirmed allegations consistently Little things affect little minds money and at the expiration of ten years from my death made by the Attica defense over the last three and one-half Benjamin Disraeli to give it and all its accumulations to the Mother who has years. These revelations of cover-up, whitewash and since my death given birth in Toronto to the greatest interference with the right to a fair trial have exposed the State of New York and its officials as thereal criminals. It 1. Deed, filed for record August 9, 1881, duly number of children ..." recorded in Vol. 40 of Deeds, Page 251, Cass County, should be instructive to review just these most current Illinois, is entirely valid, and reads: 4. Miller v. Miller, 78 lowa 77, 35 N.W. 464 (1889) charges out of the scores of abuses and wrongs which have I, J. Henry Shaw, the grantorherein, concerned a contract between a husband and wife, to the been heaped upon the Attica Brothers, because of Who lives at Beardstown the county within, effect that the wife shall refrain from scolding, their immediacyand importance. For Seven Hundred Dollars to me paid today Former assistant chief prosecutor Malcolm Bel!, faultfinding, and anger, and keep the family home in a By Charles E. Syman, do sell and convey comfortable and reasonably good condition; and the according to a New York Times report on April 8, turned Lot Two (2) in Block Forty (40) said county and husband shall provide all necessary expenses of the family over to Governor Carey some two and one-half months ago town, and pay to the wife in addition a certain sum per month. a 160-page report indicating the one-sided focus of the Where Illinois River flows placidly down, prosecution. The report charged, among other things, The contract was held invalid as against public policy. And warrant the title forever and aye, "that the inquiry into whether crimes were committed by 5, In the 4th century, the Bishop of Brescia declared state troopers and corrections officers 'lacks integrity and Waiving homestead and mansion, to both a goodbye, And pledging this deed is valid in law, all persons heretical who denied the division of the world was being 'aborted by Mr. Simonetti," the chief as made by Noah to his three sons. Where did Noah get prosecutor. This comes as no surprise to those familiar I add my signature. Henry Shaw disinterested witnesses? with the circumstances surrounding Attica. The McKay J. Commission, which issued its official report in September Lawyers "professional" responsibility have a (human) | 1, Sylvester Emmons, wholives at Beardstown, 1972, concluded that during the retaking of the prison people commanding decent their secretaries to treat as "there was clearly indiscriminate firing into congested A Justice of Peace of fame and renown, salaries, job security, fringe benefits, good working by men'who did not value the inmates' lives. .." (p. Of the County of Cass in Illinois State, conditions, and respect as the dedicated professionals they areas Do Certify here that on the same date 402) and that subsequent to the retaking, troopers and are. One J. Henry Shaw to me make known corrections officers engaged in assaults against inmates as a That the above deed and name were his own, 6. Brookhaven Steam Laundry v. Watts, 214 Miss. reprisal for the rebellion {pp. 442-46). Yet no indictment workman's compensation against any state officerhad been returned by either of the And he stated he sealedand delivered the same 569, 59 So. 2d 294 (1952) was a Hishomestead therein,but left all alone case in which the claimant was a route driver delivering two grand juries assigned to investigate Attica. The Turned his face to the street and his back to his and picking up laundry. On one of his regular stops, he was systematic manipulation of the grand jury process over a home. about to pick up a suit to be cleaned when confronted by three-year period makes it clear that the Attica Brothers an irate husband, who exclaimed, "Well, I caught y'all." can never get a fair trial this discriminatory application Bedinger Graybill's Being in Mississippi, he shot first and asked questions later. of law sanctions official crimes (including murder), while 302 S.W. 2d 594 Executor, V. 2. (Ky. 1957): A childlesshusband legally adopted his wife as Compensation was denied. It seems that the same suithad simultaneously condemning the Attica Brothers for justly rebelling in response to inhuman conditions. This alone his child to enable her to take the entire remainder in a been cleaned the day before. should be sufficient to require that all charges against all trust fund which his mother had bequeathed "to his heirs Finally, Chappell 1956 Oklahoma 7. v. the Attica Brothers be dropped. case, a at law." Chappell, 298 P. 2d 7.68, ,7.71, introduced to the common As if the immense armaments, financial resources, 3; In 1937 (Re 1 Dom. L.R. 65), the validity law a principle of "unilateral incompatibility," saying, "It and one-sided legal process used by the State to overwhelm of a will was upheld notwithstanding this provision: "All should not be a ground for divorce where only one of the the Attica Brothers were not enough, it has now been learned that a paid FBI informant infiltrated parts of the the rest and residue of my property wheresoever situate, I parties to a marriage is incompatible." defense: At news conference held in Buffalo, Mary Jo Cook stated that she had operated as an FBI informant, 1that she had worked as part of the jury evaluation/selection team in the Hill-Pernasilicecase, and that she "said a lot" to the FBI. (Courier-Express, April Major concerns voiced by the secretaries included I 13, p. 27). The FBI confirmed that Ms. Cook was indeed a Association of Women Law Students lack of job security, capricious firings, lack of seniority paid informant but denied that she furnished " 'any Commentary benefits, unclear definition of duties (being expected todo i information to the FBI from the Attica defense, The Last year some representatives of the Association of everything and anything), low salaries, and lack of respect. denial, even if true, conspicuously omits as much as it Women Law Students attended a meeting of a group of .The isolation of secretary from office to office, the; denies the prosecution, of course, is being conducted by legal secretaries who were considering forming a Jabor numerous employers involved, and fear of reprisals, make ! the state information about the defense might wel) have continued onpage 6 continued on page 6 union. We would like to share some of what we learned from the women with Opinion readers. The secretaries with whom we spoke were intelligent, articulate, and well organized. Although they shared a professional attitude towards their work, they reported beinfc, treated with a lack of respect by some of-the lawyers exciting teams, and are only a few hours away as the by Carl S. Heringer for whom they worked. Being interrupted while in the thruway drives. ladies' room and ordered to type a letter, expected to Also beyond television (talk about clever segues) lies Take a look out the window, check the Outside to see come in early, work through lunch hours, or stay late, or radio. If you haven't listened in the past year, try here Buffalo in subjected to em harassing remarks about why she must take if spring has arrived yet. One can never be too sure again. At least a half-dozen stations have gone through an hour away fromwork for a gynecologistappointment the Queen City. Don't sell your snow tires yet. There are certain sureffte indicia of spring the format changes, and the improvement is evident. was not an unusual experience. Neither were remarks from AM: WGR (550) once middle of the road, is more lawyer to secretary mocking her for being dumb or lazy Easter parade, robin-ted breasts, and the.baseball season. (top forty), oldies, sports, and contests. after piling on more work than is humanly possible forher I'm not quite an expert on America's NationalPastime, so into AM rock WEBR (970) once AM rock, cannot be pigeonholed. Myles the Magician (who'll .return ;; to finish. I called my bookie combine the best elements of Lawyers earning' large salaries are paying their Derby .time) to clue me ,in. Therefore, the responsibility Not strictly MOR, they It's different from any other secretaries (approximately) between $$0 and Jl3O per for the views are his, my fault is merely in relating them. folkrock, pop, and light jazz. station I've and more than worth a few minutes heard, ever week, though the secretaries efficientlyprepare legal papers This promises; he told me, to b,e an exciting baseball on your radio. (many of which we would expect to Be prepared by FM: WBUF (93) once pure Muzak, now a progressive attornies), interview clients, keep track of cases and season. In the American League East this year the N.Y. key rock station, playing new and old albums, in lengthy sets clients, and perform numerous other tasks which require Yankees and Baltimore Orioles have picked up The of uninterrupted listening. No loud hype, no jingles,and a skill, sensitivity and intelligence. Many work under high personnel which makes themco-favorites for the title. Bonds, minimum of gab. pressure conditions. According to the secretaries, they do Yankees caught )im (Catfish) Hunter and Bobbywith the WGRQ (97) no more Rufus Coyote and top forty. the majority of work in matrimonial cases. Despite their while the Orioles continued to make cagey trades most of thisstation, and they low pay, the women are expected to dress fashionably and National League, getting Ken Singleton, Lee May, and The old WPHD staff inhabits (but anyway) all eyes are on feature FM rock, concentrating on a Top 50 album format. spend a large portion of their salary on good clothes. At Mike Torrez. Needless to say from MOR into the rock (102) Project. Again, the Cleveland a move WBEN the time of the meeting, some women were forbidden to In the West, will the loss of Hunter cripple the gap left by WPHD. All music is on tape, they mix AM wear slacks to work. cuts. No disc jockey*, so lots of air time While a boss may disappear for a two hour lunch Oakland Athletics? Texas probably has' the best chance of singles with album standing in theirstead, if they answer their serious pitching forrecords. break or an afternoon of golf, some secretariescomplained (102) WYSL Once WPHD and Buffalo's only of adverse employer reactions when they needed to take a question. The National League is probably the most progressive music station, new owner has abandoned its day off to care for a sick child. One divorced mother was almost every team (sorry, Chicago) given old audience, and retreated back to Top 40, jingles, and told at a job interview thatshe would be expected to put competitive, with chance to win. It just depends on the breaks. contests, simulcasting with WYSL-AM: her job first, above her daughter. Asked if she would stay a reasonable Los Angeles and Cincinnati should battle for the Rumor Buffate will soon get an all news/all time home from work if her child was sick, the woman National League Weste>n Division Title. Tommy John and station. explained indignantly that her child came before anything Gary Nolan'are their respective keys, withNolan the more Fact I'm looking for ideas on record reviews and to her. This woman, a responsible employee, was not dependable of the two as of now. such. If you have any favorites you'd like to share,let me asserting the right to miss many days, merely theright the has baseball know let me borrow the album) and we'll let the 'ye team (and As far as I been told,Buffalo no boss takes as given for himself to take a rare day off when (so the bumper-sticker people have some respite), but, mighty written word pass on the virtues of your favorite family responsibilities call. Most unionized employees have beyond television, both Pittsburgh and Cleveland have virtuoso. Thank you. thisright. Imagine the gall of paying a woman $100 a week and telling her her job should come before her child! "Errata" ' — - - - , , — - - Sojourner's Truth ', - ," -- - The Outside World , . — - - �4 April 24,1975 Bflo. Finishes 2nd in Tax Competition Buffalo's Moot Court team, consisting of Carl Goldfield and Don Bergevin, tied Albany for best brief and placed second overall in last week's Albert R. Mugel Tax Competition. Buffalo was edged only by the Cleveland-Marshall team in the final round of the Competition. Goldfield also won the award for best oralist in the two-year-old - OPINION Ideas Shared At Women & Law by Karen Leeds Spirit and energy ran high at the Sixth International Conference on Womenand the Law, March 21-23, 1975 in Palo Alto, California. Over 1500 women attorneys, law students, and legal workers attended, representing every part of the country. Contacts were made with other women involved in work concerning the problems of women and prison, and ideasand experiences were shared. The conference was divided into a series of five workshop sessions, each consisting of a choice between '"overviews," panel discussions by distinguished experts in each particular field, and "technicals," action-oriented workshops geared towards sharing legal event. strategies for each area of law covered. Choosing five topics out of over The Tax Competition problem, fifty offered was a frustrating task. drafted by Prof. Ken Joyce, this year concerned the questions of The overview on "Women and Welfare" concentrated on specific whether a trust transaction was a problems of compulsory work requirements and compulsory support permissable assignment of income Tax Competition team: Carl Goldfield (right) has Don Bergevin well in from absent fathers. Discrimination against women by the social security system was also discussed. "Constitutional Litigation" focused and whether a realty transaction handafter finalround. was a sale or only a lease. Carl which Buffalo and number of points each judge on the jurisdictionai aspects of constitutional cases, and the history of Howard worked on Buffalo's brief Cleveland-Marshall advanced on awarded for oral scores in each sex discrimination cases before the Supreme Court. "Rape A along with Goldfield and the basis of their brief and oral round, to which separate brief Criminal Law Perspective" deait with the problems of the current rape Bergevin. scores combined, was Associate scores were added later to statutes and how legislation in New Mexico and Michigan has tried to In the preliminary rounds, the Tax Court Judge William A. determine team standings for the solve some of the major difficulties. home team defeated the Capital Goffe, who was joined on the final round. University and University of bench by Prof. Mugel and Stephen Other teams represented were Richette offers views In the "Criminal Law" overview, Lisa Richette, a judge in the Detroit teams before panels Miller, Assistant Regional Counsel Syracuse, Albany, Maine, composed of local tax attorneys, for the IRS. Brooklyn, Seton Hall, St. John's, Court of Common'Pleas of Philadelphia, discussed society's overuse of Scoring for the Competition New England, Fordham, and criminal sanctions against women who are sexually energized (i.e., the IRS counsels, and faculty. Presiding over the final round, to was based on an average of the Toledo. prostitution laws) and the underuse of its power against men who are sexually energized (i.e., rape laws). Ms. Richette also emphasized the extreme role-typing of women in thecriminal justice system. Victims of non-sexual assaults are treated with extreme deference and pity they are" "Madonnas" while victims of sexual assault are treated as seducers they are "whores." Susan Perry, Director of Prison Projects -' Conference of Black Lawyers of Atlanta, discussedher A Buffalo Moot Court team of the National finished in third place in the work on the Joan Little trial. She emphasized the lack of any data Eastern round of the Giles available on the sexual abuse of women prisoners and asked for any Sutherland Rich Patent Law available information to be sent to her. Competition, held April 4-6 in The technical on "Women in Jail and Prison" was especially Washington, D.C. rewarding. The various considerations involved in bringing law suits This year's problem involved against county jails were discussed. Ellen Lake, Director of the the use by an oil company of Women's Rights Project of trie Northern California Civil Liberties various petroleum cracking Union, explained that one aspect of the suit brought against tfie Marin catalysts, patents on which were County Jail challenging the unequal treatment of women was the held by a chemical company. availability of a good plaintiff. The woman plaintiff had received a Various issues of patent law with ten-day sentence for a drunk driving charge. While a man sentenced for antitrust implications,, including this same offense would automatically be sent to an honor farm, double patenting, licensing, and women are kept in a maximum security prison due to the lack of any patent suppression, were argued. other available facility. This provided a case of discrimination solely on The competition, sponsoredby the basis of sex. A general conditions suit currently being brought the American Patent Law against the Contracosta County Jail was also discussed. Association, was conducted on a The Buffalo Women's Prison Project is now working on a rigorous elimination basis. The class-action conditions suit against the Erie County Holding Center. Buffalo team, consisting of Linda Patent Competition team: (I to r) Dan McDonald, Paul Groschadl, Many good ideas for new legal strategies were suggested, such as checking into any funding by federal agencies, as federal regulations Heary, Paul Groschadl, Tom Tom Lochner. Buffalo defeated Duquesne in conducted at the Patent Office in prohibit use of funds for discriminatory purposes. Lochner, and Dan McDonald, submitted briefs, along with 13 the quarterfinal round, held at Alexandria, Va.> Buffalo lost to other schools, on both sides of the George Washington Law School, Tennessee, and Emory defeated Success in workshops In the same workshop, women from the Women's Prison Legal case. A "winnowing committee" while Tennessee beat Rutgers. George Washington. Emory won then invited eight teams to Emory won against Toledo, and the competition in the final round Education Project described the success they have had in conducting Washington for the oral argument. George Washington whipped at Georgetown Law School, while workshops within women's prisons. The scope of the subjects they Buffalo's briefs ranked second of Notre Dame. In the semifinals, Buffalo finished third on the basis cover is broad: legal research, basic survival skills, such as food stamps the original 14. and welfare procedures, medicine and society ■ and behavior of points accumulated. modification techniques are just a sampling. Prior to, the conference, the Women's Prison Project had been discussing ways to expand the direction of their program inside the Erie County Holding Center. The Women's Legal Education Project provided new ideas and energy. They are forwarding a list of the basic materials used in each workshop Two major' allocations dominated the GraduationCommittee request approved so that they may be used as a base to develop localized programs Student Bar Association meeting of April 9, The Graduation Committee also received within the next month. The Buffalo Women's Prison Project hopes to when the SBA directors voted strong the full amount of its request, $825, after begin implementation of theseprograms. financial support for the work of both the Committee representative Pam Heilman More information on the conference is available in the explained that while the Committee would Placement and GraduationCommittees. Association of Women Law Students' office, room 509. Notes and A Placement Committee request for be paying more this year for an outside materials from the workshops will become part of the permanent file. $1500 to meet the cost of advertisements for commencement speaker, other efforts had the recent placement directorship was been made to cut corners on graduation approved following a report on the search expenses. One reason that additional funds from Warren Gleicher, an SBA representative were needed, she indicated, was that the University had withdrawn its financial and Placement Committee member. assistance to the Law School graduation this Gleicher reported that thirty-five year, after having paid for the programs in applications for the position have already previous years. been received. Several were from California SBA had previously provided $400 and and other areas where the advertisement was the Law School $500 for graduation, but published. The $1500 requested by the rental of Kleinhans Music Hall alone is Committee for the advertisements would, he expected to cost $400, printing of .the said, be supplemented by another $1500 programs $300, -and reception expenses from the Law School administration. another $500. The directors also voted special Transportation and accommodation expenses for interviewees for the job, who wiH be honorarium ($400) and traveling funds School the next ($125) fpr a Law Day (May 1) speaker this invited to visit the Law as stage of the search, will be funded by the year, who will be Marshal Perlman. His topic School and the AlumniAssociation. will be the right to privacy. Zaetsch . . . . 3rd in Patent Competition — — - Allocations Busy SBA LONG IN PREPARATION MUCH HERALDED AND TODAY IT'S HERE! This Afternoon (April 24), 4 to 6 p.m. At FANNY'S Sheridan & Millersport - �OPINION April 24,1975 Fenton Lectures — on Obligations: Disobedience, Essays War, and Citizenship (1970), Political Auction (1971), and Regicide and Revolution (1974). The Fenton Series was established in 1922 by the children of industrialist James Fenton "to make available from time to time the lecturing services of distinguished men and women not otherwise associated with the teaching staff of the university." Under its auspices the series has . continued from page 2 brought a number ofdistinguished speakers to Buffalo covering a wide range of topics. The lectures are arranged through the Office of Cultural Affairs. This year's program has been administered in collaboration with the Law School, whose Mitchell Lecture Committee has made it possible for the guest speakers to participate in a series of talks and seminars with faculty and students at the Law School. Faculty Table Proposal - continued from page 1 Disagreements among faculty Prof. John Schlegel said that while he liked the idea of pre-Christmas exams, he found that starting two weeks earlier with the spring semester would leave the faculty with less free time in January for academic pursuits. Prof. Marc Galanter elaborated on this, saying that "it's a good trade from the students' point of view but not so for the faculty," because the faculty would then be stuck with the burden of grading exams over Christmas. He suggested at least an extension of the deadline for submission of fall semester grades. Prof. Adolf Homburger added that the more ample time for studying provided by the vacation is better educationally for students, and that "an early stop may not be to students' best interests." Prof. Andrew Spanogle concurred that it is better for students to be relieved — MankeSpeaks on "Torture in Vietnam" by Robin Skinner questioning concerning his activities and sympathies. By 1971 over 40,000 persons nad been Killed and Hugh Manke, a third-year law student, spoke to over $700 million had been spent as a. result of this members of the International Law Society and other program. students recently on the subject of "Torture in Following the exposure of these repeated cases South Vietnam." Mr. Manke spent several years in of imprisonment and torture of political prisoners, Vietnam both on the staff and as the director of an international committee filed a petition with a International Voluntary Services. IVS is an subcommittee of the United Nations Commission on organization with members from seven nations Human Rights. The petition containsdocumentation involved in promoting self-sufficiency in the villages of several cases of torture, and requests that the of South Vietnam. United Nations take action to remedy the present After discussing the basic court structure of situation and prevent further violations of basic South Vietnam, Mr. Manke cited some of the laws human rights. To date, no overt action has been under which persons were arrested, imprisoned and taken on the petition. Recent events in South tortured. Laws have been passed which make it a Vietnam being what they are, the issue may soon crime to "directly or indirectlypractice Communism become moot. or pro-Communist neutralism." Thelatter is defined In a question and answer session following the as one who commits acts of propaganda for and presentation, Mr. Manke discussed the basic lifestyle incitement of neutralism. Once, the entire of the Vietnamese and how it had been altered by membership of the student government of one of the the presence of France and the United States. He universities was arrested and tortured without ever also discussed the different ideologies held by having any charges leveled against them. A decision segments of the population in South Vietnam by the Supreme Court of South Vietnam ordering ranging from "hard core anti-Communists" to those the release of all .the students was completely seeking the old, agrarian way of life, as espoused by ignored and the practices continued. Manke also the Viet Cong, to Communist sympathizers. claimed that, under Project Phoenix, an operation According to Manke, this variety of political goals originated by the United States government through makes it extremely difficult to unite the people the CIA, any person could be stopped for behind a single government fromimmediate exam pressures at the end of the semester. In response, student representative Mark Hellerer noted that thereis currently little break in the spring between classesand exams, hence that it may not be pedagogically necessary. Prof. Daniel Gifford felt, however, that perhaps the School might then lengthen the spring study break rather than shorten the one in the fall. In any case, he wanted "to hear more about the educational reasons for early-stop." Back to committee Dean Richard Schwartz, observing the "mixed reaction" of the faculty, suggested that the proposal be referred back to the Budget and Program Review Committee for moredetailed study. Debate continued, however, with Assoc. Dean Fleming arguing that the present schedule inconveniences students since it differs from the calendar followed by the rest of the University for the dormitories, buses, and food service. "The majority of law schools have exams before Christmas," he added, "so it can't be. totally unsound educationally." Prof. Homburger indicated that the referendum results still worried him, as those students who prefer post-Christmas exams might not have been motivated to vote. Responding to Mr. Fleming, Prof. Newhouse contended that the only way the Law School's semester could be made to conform to the University's wouldbe to reduce the number of weeks in the Law semester, which cannot be done due to Court of Appealsrestrictions. 5 Monday Morning... In The Library Obviously many students are aware of our cherished tradition of reshelving the reporters when they are through using them. The pressures of deadlines for writing courses and for the law reviewcompetition are real and harsh, but they are no justification for failing to extend a minimal courtesy to other library users. not Similarly, the person who can read nine reporters simultaneously is rare. However, the people who apparently think they can do so Proposal tabled are plentiful. Perhaps though, the Professors Howard Mann and Bill Greiner thenmoved to refer people who are seen in the library the proposal back to the BPRC to draft actual calendar options for jealously guarding their horde of consideration in May, which motion the faculty passed. Registrar volumes have another motive Charles Wallin noted that the administration would try to draft an that of hoarding books before option which would provide for early exams, yet would also allow a others can do so. Were it only a matter of isolated individuals lengthier study break before the exams. In another action, the faculty voted to require all first-year behaving in such a miscreant take fashion, it would be tolerable. students, beginning with next year's entering class, to However, as more and more Constitutional Law I in the seconc semester of their first year. people learn from this bad example and as this petty deviance begins to become a norm, the inefficiency and stupidity become apparent as the whole system grinds to a halt. — SBA Presents THE SPRING PARTY - Photos by Zaetsch �April 24,1975 6 Environmental Notes: Powerline Pollution results were compared with medical examinations of men working at lower voltage substations. The studies concluded that long-time exposure to intense electric fields Everyone agrees that electric transmission lines are without protective measures resulted in "shattering the appalingly ugly, but suggesting that they are health hazards dynamic state of the central nervous system, heart, and and sources of environmental pollution is as surprising to blood-vessel' system, and in changing blood structure, most people as saying that the homely freckle-faced boy Young men complained of reduced sexual potency." Asa next door is guilty of rape and sodomy. But the extremely result of these tests, the Russians have set up safety high voltage lines which are currently being constructed in standards for maximum exposure to strong electric fields. many places around the country are causing side effects The fields which they begin to consider dangerous are which are degrading the quality of life and may be approximately those that will light up a fluorescentbulb in endangering the health of the people living nearby. your hand. A farmer on a tractor under a 765,000 volt line Transmission technology has now reached the point is exposed to fields so strong that the Russians would not where lines carrying 765,000 volts are operating in a allow it for even one minute. In this country, we believe number of states and lines designed to carry up to that we have more respect for human rights and humanlife 2,000,000 volts are being perfected for the near future. than the Soviets have, yet we have not made as much These very high voltages are carried on bare, unshielded effort as they have to protect people from this type of conductors that pass in many places just 40 or 50 feet damage. Recent laboratory studies in the United States have above roads and farms. In the vicinity of these lines there is a very intense electric field which causes small but also turned up positive evidence of biological effects from similar electromagnetic fields effects ranging from continuous currents to run in everything near the line the ground, the plants, the farmer on his tractor. There is a chromosome damage to high blood pressure and surprisingly large voltage difference between one point in alterations in levels of blood protein, fats, and cholesterol. space and another, say a yard away. The difference Neurological tissue appears to be particularly sensitive, between these two points may be as high as 50,000 volts confirming the fear that long-term exposure may damage by Louise B. Young National Wildlife Federation — — under a 765,000 volt line. This electric field can be made visible in a rather dramatic way by carrying an ordinary flourescent bulb in your hand as you walk in the vicinity of the line. Thebulb lights up withoutbenefit of batteries, cords or metallic connections to ground. Most people who see this experiment immediately ask what effect currents and fields of this strength have on people and other living things. Considering the importance of this question, one might assume that it had been quite thoroughly investigated by the power companies, before building such lines; but a search of the scientific literature reveals the fact that this subject has not been adequately studied. The few research projects that have been done show that there may be profound effects caused by these fields. About eight or 10 years ago, when American utilities were starting to use extra-high voltage transmission, two tests were conducted by the companies. In one experiment they exposed 22 mice to strong electric fields for a portion of each day over a 10-month period. The results showed a statistically significant reduction in the size of the male progeny of the exposed mice. Theother study involved 10 linemen who did repair work on 345,000 volt lines. The company watched these men for nine years, doing seven complete medical examinations on them. At the end of that time, three of the 10 men had significantly reduced sperm count. However, since sperm count had been quite variable throughout the various medical examinations, the report stated that it would be hazardous to draw any conclusion on the significance of these facts from such a small sample. Studies of this type, of course, should examine a much larger number of people over a longer period of time. A much more thorough examination of this problem, however, has been conducted in Russia. In 1962, after the first Russian 500,000 volt lines had been operating for several months, men working at the substations began to complain of headaches and a general feeling of malaise. They associated these symptoms with exposure to the electric fields. The Russians made a long-term study of 250 men working at extra-high voltage substations. These Turn Financial Aid Office has announced that they will accept applications for summer work-study tomorrow morning. Their office will open at 8:30 a.m. and is located at 312 Stockton Kimball Tower on the Main Street campus. In a departure from past, procedure, no one will be told on that day whether they are eligible but will receive notification the next week. However, you must fill out an application slip that day. It is most likely that summer-placement for the work-study program will be handled exclusively through Wes Carter in Hayes C. I will post information on this prior to April 23. If you have not yet received an award notice from the Scholar Incentive Bureau, you are in danger of losing your award for this year. The deadline for application is May 15, 1975. Please contact the Scholar Incentive Bureau immediately. If they claim they never received an The the nervous system, as well as cause changes in cellular chemistry and the genetic structure in human beings. Some of these experiments were conducted in connection with Project S anguine (the enormous low frequency antenna which the Navy would like to build in order to communicate with its submarines around the world. Some have been independentuniversity research projects. The other principal pollution hazard from high tension linesresults from the fact that they generate ozone and other highly reactive chemicals. These electrochemical reactions are caused by the corona discharge that occurs continuously along the conductors. Walking under these lines, even in good weather, you can hear a crackling, sizzling sound which is the, audible manifestation of this electric discharge. In fog, rain, or snow, the corona increases by as much as a hundred-fold. This discharge causes the air to break down as an insulator and the space around it becomes a veritable seething cauldron of electrical and chemical activity. There are many processes involved and some of the chemicals formed are considered to be particularly damaging to living things. Ozone, one of the principal products, is the most common "photochemical oxidant" present in polluted air. Research into this phenomenon has shown thatchronicexposure to concentrations of ozone over .05 parts per* million causes lung tissue damage, increased incidence of sterility, and defective offspring in laboratory animals. It affects the growth and yield of many plants. Regular monitoring stations for ozone levels in the atmosphere have only been operating a few locations during the last two or three decades and it has only been in the last year or so that monitoring has been conducted in many cities and rural locations throughout the country. But several surprising and interesting results have already emerged from this monitoring. Concentrations in rural areas are found to be regularly higher than they are in the cities. And levels in both city and country throughout many states exceed the National Air Quality standards for photochemical oxidants on a very large number of days. Furthermore, over the past few decades the average levels have been increasing throughout theindustrialized parts' of of the Screw by lan DeWaal OPINION application in response to an inquiry dated after May 15, you will be out of luck. This is of particular importance to students having tuition waivers, either through the minority student program or a graduate assistantship. If the schooldoes not receive a notice from the Scholar Incentive Bureau that you have an award or that you have been rejected because of residence, you will lose your tuition waiver and be responsible for the full tuitionbill. Phi Alpha Delta Law Fraternity has announced the availability of ten minority scholarships for next year. If you are interested in applying, the notice of. the scholarships is on the bulletin board outside the third floor mail room. The amount of each scholarship is $500, and the deadline is June 1,1975. If anyone sees Kenneth Manning could you ask him to stop in and see me in 303 O'Brian. the world. No one really understands the reasons for the high levels that are being recorded. The chemistry is complex and a large number of factors are probably involved, but power lines and other high voltage equipment are certainly among the contributing factors. Transmission lines do generate ozone; even the power companies admit that. They argue that the amounts are very small, but the studies that they rely on in making this statement are neither definitive nor conclusive. The field measurements, for example, were_made under lines that were not energized to the full rated voltage. The amount of corona discharge is very sensitive to changes in voltage as well as to certain weather conditions such as rain or snow. A much more carefuland impartial evaluationof the problem is needed. In view of the fact that ozone concentrations already exceed danger levels, we should know exactly how much these lines contribute to the concentration before any more of them are installed. Plans reported by the Federal Power Commissioncall for more than 10,000 miles of lines rated 765,000 volts or higher by the year 1960. A $5 million research and development program is currently in progress, perfecting lines that will carry 1,000,000 or even up to 2,000,000 volts, yet there is no federal or state agency thatis taking responsibility for assessing the safety of these installations. In the absence of regulatory protection, much more public awareness and public pressure is needed to insist that the impact of these big lines be thoroughly evaluated before this construction plan is carried any further. Once the enormous financial investment has been' made we will be irrevocably committed to this technology. American Injustice - continuedfrom page 3 been relayed to people other than members of the federal agency. The charges, if they are true, and there is no reason to suppose otherwise, show an unconscionable interference with a defendant's right to a fair trial and assistance of counsel. The revelations suggest that, at a minimum, the defense's entire strategy for jury selection (which was quite .involved)* WaS totally revealed to the other side 'hdw'fatfdh fuYther the intrusion may have gone- lslf 'afiy6He'i'guess. The convictions of Hill and Pernasilice, if for no other reason (and there are a multitude of other reasons) must be overturned. ■ On a scale comparable to Watergate, the State of New York has engaged in extensive wrongdoing designed to cover up official illegality. In the process it has deeply scarred the lives of the Attica Brothers the damage to them is irreparable. And ye,t the judicial machine which is condemning them has continued unfalteringly. Justice demands that the indictments be dropped and that the convictions be overturned. The process has been so thoroughly poisoned and the Attica Brothers have already suffered so much, that since there can be no fair trial no matter what the circumstances, there must be no trials. - 1 : — Sojourner's Truth - continued from page 3 it difficult to organize into a labor union. Secretaries and office workers in other cities have organized unions, and perhaps we can look forward to the day when Buffalo's hard-working legal secretaries'enjoy the benefits of being unionized. As future lawyers, we must remember: J.D.s are not licenses to oppr-ess the people who may work "for" {"with" is a better word) us. Most secretaries are women and most lawyers are men. This is not because of the natural superiority of men, but rather because of the discrimination faced by women. Given the same opportunities allotted to their brothers, the secretaries might be lawyers. Some secretaries are doing comparable work already. But all work is important, from the secretary's taking down information over the phone to her boss arguing the case in court. In a different society and in some progressive law offices today, income and work {so far as it is legally permissible) are shared equally by lawyers and non-lawyers. The secretaries at the meeting found this idea exciting, but beyond their wildest dreams at this point. Editor's Note: Due to financial constraints generally, and a decision by the Law Alumni Assn. to deny an Opinion funding request, Opinion regrets to announce that this issue will be the last sent free to Law School Alumni. Individual subscriptions for the 1975-76 academic year are available for $2.00 at this address, and we encourage alumni to retain payins subscriptions. �OPINION April 24, 1975 7 Fall 1974 Grade Distribution Civil Procedure I Homburger Kane Hyman Schlegel 11 6 8 5 50 54 56 8 4 7 12 11 19 11 41 46 55 50 14 6 3 5 10 8 9 10 49 45 70 11 6 7 6 9 48 52 66 52 Contracts Fleming McCarty Galanter ■ Gordon Criminal Law Holley Allen Birzon Katz Torts Bell Laufer Siemer 3 Schwartz, 9 50 Total Inc. 69 67 80 65 2 1 2 69 1 3 2 2 2 6 5 9 11 1 7 10 SECOND & THIRD YEAR ELECTIVES H H* 1 3 2 2 , 51 7 Lindgren Constitutional Law I, Hyman Federal Tax I (Sec. 1), Joyce Federal Tax I (Sec. 2), Del Cotto Administrative Law, Boyer Collective Bargaining, Newhouse Int'l. Prot. of Human Rgts. Buergenthal Conflict of Laws, Buergenthal Constitutional Law II, Mann Corporate Tax I, Del Cotto Corporations (Sec. 2), Zimmermann Evidence, Gordon Future Interests, Mugel Family Law (Sec. 1), Blumberg Family J-aw (Sec. 2), Swartz Labor llaw, Kochery Federal Tax II, Joyce Government & Land, Kaplan Land Transactions, Reis Commercial Trans. I, Spanogle Commercial Trans. II, Girth Trade Regulation, Gifford Trial Technique, Staff Civil Procedure II, Kochery Criminal Procedure II, Burn's Copyright & Patent, Goldstein American Legal History, Gordon Remedies, Lindgren Sim. Law Firm 1, Boyer Sim. Law Firm 2, Kaplan Sim. Law Firm 3, Holley Sim. Law Firm 4, Hollander Correction Law Clinic FIRST-YEAR COURSES D F Q H H* 1 5 • 1 5 3 Q 5 11 14 9 11 51 68 56 66 41 9 11 24 14 10 24 54 34 20 29 3 29 19 8 53 19 10 18 21 12 12 ' 5 46 53 60 93 22 24 55 62 1 35 8 10 8 35 18 30 45 114 44 11 18 2 6 3 2 10 1.1 11 28 15 1 4 H. D 4 11 12 A 1 70 61 86 66 1 71 68 78 69 1 Inc. 82 79 52 1 35 76 63 36 3 2 1 3 1 44 .1 14 78 81 77 5 1 14 13 4 56 77 66 Total 60 90 F 1 7.1 5 1 3 4 9 4 1 1 50 150 35 74 102 64 34 58 66 150 6 1 8 1t 4 1 32 - - 16 14 15 , 2 3 61 22 1 1 11 7 3-SECOND & THIRD YEAR SEMINARS H* Private Suits in Public Int. Homburger Adv. ProblemsCrim. Justice Burns Legal & Phil. Fdn, Bill of Rights Franklin Auto Insurance & Reform Laufer Constitutional Litigation Mann Problems of Env. Quality Reis 1 Q 8 4 14 11 18 29 5 1 Quantitative Methods I McCartV Public Utility Rate Reg. Schlegel Impact of Legislation on Social Institutions Katz Theory of Justice Gifford H 2 1 * D - F - 8. Total Inc. 12 2 25 1 48 2 13 22 3 2 6 11 10 4 14 2 4 - 6 3 10 1 3 1 4 2 7 13 4 1 - -. 6 , �OPINION April 24,1975 8 .. Onto the Bandwagon. Editorials: continued from page 2 No SBA officer or director now in office campaigned on any issue even remotely related to Attica. The SBA Constitution itself limits SBA's delegated powers to, at their widest, the promotion of the Law School's general welfare and the protection of law students' rights, qua law students in matters affecting those rights. For any SBA officer or director to presume to speak for all law students on a matter outside the scope of his or her delegated power is an arrogant flaunting of the SBA Constitution and any conceivable electoral mandate. Amont the thirteen, a few, led by 2nd Vice Pres. ). Glenn Davis, attempted to dissemble the true nature of the SBA's actions, trying to cloak the lobbying effort in the guise of "an educational experience" to evade the legal restrictions on the former. When questioned as to the curious coincidence of this educational experience and the April 28 lobbying and demonstration, supporters of the bus trip could mumble only that SBA could not be responsible for what the bus riders were goingto do once SBA got them to Albany. It is incredible, too, that an SBA which has already had to dip dangerously into its surplus funds this year would further deplete that surplus with a $1300 allocation for two buses. The prevailing attitude, however, as again expressed by Mr. Davis, was that "if the money is there, how it will affect the budget is irrelevant." Additionally, little thought was given to the effect that SBA's entry into the lobbying lists of Albany might have on its § 501(c)(3) tax exemption. Even less thought was given to the public trust held by SBA officers and directors to insure that fairness is accorded to all students who must pay the mandatory activity fee, as opposed to merely those who share their own perspective on Attica matters. To put it bluntly, SBA's actions of last Friday are a disgrace. In the present SBA, it has become fashionable to be cavalierly repressive and discriminatory when one has leftist ideology and automatic, unanalytical majorities to hide behind. One needn't then face anything on its merits or its fairness. One needn't even face oneself after it's done. It may, unfortunately, be too late to fight the $1300 lobbying effort this Monday. Concerned students do, however, have a number of options with regard to an SBA which has thrown responsibility to the winds, including the impeachment mechanism and the seeking of activity fee Sudden death by Dave Geringer With an appalling lack of foresight, the men who run basketball and hockey's major leagues decided to expand their playoffs this season. The National Hockey League added four teams to its postseason action, increasing the number of playoff qualifiers from eight to twelve, while the NBA added a pair of clubs to create a ten-team elimination. The league promised that more excitement would be created by the added playoff positions. More excitement was created, due principally to the fact that the playoff positions would be determined by regular season point totals. There was a three-way race for the league's overall championship that went down to the final night of the season. Contests involving playoff qualifiers who had clinched their which were previously division position unimportant, were now essential as those teams were in competition with everyone for a higher pofnt total and thus a more favorableplayoff position. This brought about the birth of the best-of-three "series." In hockey, it is necessary to have a hot goaltender to win a best-of-three series. The Boston Bruins, Los Angeles Kings and New York Rangers all found this out to their dismay. The Rangers got off-and-on goaltending (mostly off) and succumbed to their area rivals, the New York Islanders, who sandwiched a good game by Glenn Resch and a standout performance by Billy Smith around an 8-3 disaster at home. Toronto's 27-year old rookie, Gord Mcßae, outshone Hart Trophy candidate Rogatien Vachon as the Leafs upset a squad thathad topped them by nearly thirty points this season. The Black Hawks, who should have been preparing for next season, "defeated" Boston, 6-4, in a game in which they were outshot by a mere 56-19. In best-of-seven action, the Bruins would have been forced to win a game at .Chicago sometime during the series, a task that has been accomplished many times by many teams. Instead, Boston may now sit back and watch teams that did not deserve to see postseason action continue in the Stanley Cup series. The NBA introduced their best-of-three series involving the fourth and fifth place finishers in each conference for the right to meet the conference champion. A home court advantage in basketball is not only advantage, but a necessity in a best-of-three series. Both teams that won theirseries, the Houston Rockets and Seattle Supersonics, possessed home court advantages, each winning twice at home to lock up theirseries. The Detroit Pistons battled Seattle to a seven-point loss in the final game despite a severe injury that hobbled their star center Bob Lanier and deserved the position as much as their conquerors. The same cannot be said of the New York Knicks, whose horrendous performance in their final game against Houston conclusively proved that they belonged not in the playoffs, but on a level with the expansion New Orleans Jazz. The motive for the introduction of the additional playoff series was money. Both the NBA and the NHL realized some additional revenue from the.added games. However, the NHL may suffer a more costly loss. The elimination of the Bruins, a perennial powerhouse possessed of stars of the highest magnitude in Bobby Orr and Phil Esposito, may not hurt ticket sales, sincealmost all playoff contests are sellouts. However, the television ratings -are sure to dip if a dull contest is televised instead of a possible matchup involving a team such as Boston. For the NHL, whose television contract is in jeopardy of cancellation after the current season, it could be fatal, as television revenue is what keeps most sports afloat. : waivers. Voting Records Voting Record, Motion to allocate $1300 to charter two buses to Albany for introduction of Assemblyman Eve's Attica amnesty resolution. -J.Sosa-Yes W. Gleicher - Yes L. Meckler - Yes M. Linneman - No E. - No L. Zeisel - Yes S. Fox - Yes - B. Wilson Yes R. Megna Yes M. Wong Yes C. Falk Absent J. G.Davis-Yes C. Novack Yes C.Solomon-No R. Waters Absent L. Kirschner Yes H. Kaminski No M. Zehler No D. Golden Yes K. Shimmel Yes R. Klafehn No -- -Vietnam Eulogy Zagajeski Righthander Mike Dean, the baseball Bulls' top Hurler thus far this season, prepares to deliver toan opposing hitter at Peelle Field. Buffalo, 1-3 up north thus far, hosts crosstown rival Buffalo State next Tuesday, Colgate Thursday and Canisius Saturday on the MainCampus. . by Ted Dziekonski He had a wife and child. It I had a friend,. His name was was his number one child a boy. The wife loved the child, and the loved the wife. father I had a friend. He came to study at Newport, Rhode Island. He was an artist. His picture still hangs there. I had a friend. He bought me a beer once, maybe even twice. He asked me in for supper. He shared his thoughts. Heloved his children. hoped they would grow big and strong and happy. He family. I had a friend. She asked me over for dinner with her good food. They had a simple table, but served me until I was full Lots of curious faces wondered who's that? I had a friend. He would never ask me for anything, but all he had was mine. I had a friend. He cut my hair every two weeks for 25 cents and smiled when I left. I have an enemy it says: play it safe, save your life, enjoy the strip show, the beer and booze; those people don't wash, the food tastes rotten, they talk funny, and they're so different They don't and and they loved me. have electricity and I had a friend, and now may God have mercy on them. - - - - ... ... - - - The Graduating Class of 1975 Faculty ofLaw and Jurisprudence Cordially Invites the Law Classes 0f1976 and 1977 to Our Commencement Exercises Sunday, June 8, 1975, 8:00p.m. Kleinhans Music Hall Reception following in Mary Seaton Room � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-04-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/24/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a2ad709c8987a562200daa88e9fdb6f6.pdf 59892700701926bd6cbdd6cd2de02335 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 15, Number 13 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Opinion Budget Tabled; SBA Investigation Due May 8,1975 Allocation Vetoed; Copier Funds Used attempt to intimidate the editors or replace tnem by Dave Geringer with "people favorable to SBA." Ms. Roberts responded that the investigation After their planned use of mandatory activities fees to send "had nothing to do with the editorial" and that the students to Albany last week was vetoed by Student Affairs Vice real issue was whether a "studentnewspaper funded President Anthony Lorenzetti, the Student Bar Association expended by student fees should be accessible to student $400 from its photocopier account to send one bus to the state input." She conceded that Opinion had "a right to capital. Approximately 35 or 40 students went to Albany in what SBA whatever editorial policy" it wanted,but added that VicePresident J. GlennDavis termed "an educational experience." "a student newspaper should not be perpetuatedby One of the original purposes of the excursion was to watch it should be open." a few people Assemblyman Arthur Eve introduce a bill calling for amnesty for all investigation the Ms. Zeisel, who introduced those indicted in the wake of the Attica riot. However, Mr. Davis was motion in SBA, likewise aagreed that Opinion not sure when the bill .was to be introduced. shouldhave editorial freedom, while contending also "Originally, the bill was to be mtroduced on Monday," Mr. Davis that the editors must make a "good faith effort" to reported. "We were then told that it was going to be introduced on attract people to its staff and publish items of Wednesday. The motion passed by SBA did not reflect that change" in interest to the entire student body. The-budget the date the bill was to be introduced, Davis Added. meeting, she continued, provided the "only real input" SBA has into the operation of Opinion and Letter of justification budget. hence offered an opportunity to investigate any Mr. Davis stated that a letter had been sent to Dr. Lorenzetti justifying the trip to Albany. "Theletter was phrased in terms of being With only director Mark Linneman voting in allegations. Ms. Roberts told The Spectrum last week that it an educational experience," Mr. Davis said. Dr. Lorenzetti's attention "opposition, the SBA tabled further action on the Opinion budget and voted to have President was "merely allegations" that SBA was investigating had been called to the matter by Ray Bowie, who claimed the Rosemary Gerasia Roberts appoint an impartial and that "there may be no truth in them expenditure was in violation of the SUNY trustees' guidelines for investigatory committee, which has been charged whatsoever." When questioned by that newspaper as mandatory activity fees, which prohibit expenditures for political with a duty to hold hearings on any complaints to specific allegations, however, she said that the purposes. against Opinion and report back to SBA on May 9. investigatory committee she was appointing would Mr. Bowie, Sam Kazman, and Mark Linneman also filed a note of No representative of Opinion was present when SBA document the charges. issue to initiate legal action in the Special Term of State Supreme undertook theaction. J. Michael Kilburn, Daniel Golden and Doren Court before Dr. Lorenzetti eventually decided to veto theallocation. Reaction from Opinion Editor-in-Chief Dave Goldstein were appointed to the committeeand will The three students had requested a show cause order against the SBA continued page 4 Geringer, who said he learned of the SBA action report to SBA tomorrow on their findings. from rumors circulating the following week, was to Ramifications of the SBA investigation have charge that the SBA investigation was "without a been felt outside the Law School, most strongly in doubt" the result of SBA's displeasure over critical the form of a Spectrum editorial which last week editorials, particularly one which sharply criticized warned against infringements upon press freedom. an allocation from activity fees for what Opinion "By tabling Opinion's budget and trying to dictate termed legislative lobbying for an Attica amnesty what its obligations are," concluded The Spectrum's bill. Editor-in-Chief Larry Kraftowitz, "the SBA will by Robin Skinner Mr. Geringer claimed that no allegationsagainst only create an atmosphere of intimidation and Opinion had been specified when SBA took its transform its free student paper into a shallow a Thinking of joininga union of action, and that the investigation seemed only an public relations sheet." lawyers? Don't say no too quickly. According to Ronald Schechtman, a labor lawyer from New York City who spoke recently as a guest of the Distinguished Visitors Forum, Professors Haywood Burns and here has been in the intellectual Goldstein related. "The focus of more and more groups of my teaching and at Stanford will be professional employees are Paul Goldstein 'have announced property area (copyright their resignations from the Las patent law) and the real property essentially the same," added coming together to form units School, effective in September. area (property and land Goldstein, who has been a capable of bargaining to improve Burns will join the faculty at New transactions), as well" •as member of the faculty here for working conditions. York University School of Law, environmental management," eight years.. In the past, professional people generally were self-employed. while Goldstein will move to Thus they were free to set the Stanford, where he had a visiting professorship two years ago. terms and conditions of their The number of courses to be taught at Buffalo this summer was labor. Recently„ though, Mr. Burns announced his from six five last to reduced week with the that a Schechtman noted, the resignation in a note to the announcement faculty, citing "a wide range of planned section of Federal Tax I to be taught by Professor Louis Del government has become the his labor and from the control personal and professional Cotto has been dropped from the summer schedule. The remaining employer of thousands of mechanism. Individual complaints factors." Burns specialized in section, to be taught by Professor Bill Greiner, will handle "whatever professionals, hired to deliver the are not heard in the bureaucracy. services of the New Frontier and The union gives a voice that can criminal law, teaching criminal comes," according to Registrar CharlesWallin. Del Cotto reported thathe had obtained a grant which precluded the Great Society to lower-income be heard. procedure among other courses. Goldstein stressed the fact that him from teaching his section this summer. "I can't teach, I got a Americans. For these Schechtman indicated that the positive factors relating to grant," Del Cotto explained. "What happened was that the Baldy fund professionals, the terms and professional has been hesitant to by Dean (headed Schwartz), gives grants, gave employment, Richard which summer conditions of were turn to the union as a possible Stanford, rather than negative solution to his problems for aspects of this law school had led me a grant. Originally, the time to apply for grants ran out before I beyond their control. several reasons. Professionals have to his decision. "I view this as a could apply, so I asked to teach in the summer and was scheduled to Baldy reopened, do so. Then fund the and I applied for a grant andgot Grievance decision to go to Stanfordand not a stereotyped concept of unions Del Cotto one," normally added. "Professionals are and they would prefer not to one to leave Buffalo," Goldstein Del Cotto claimed that faculty members hadn't been given close enough to management to associate themselves with that said. "I had been out therebefore (in 1972-73) and had plenty of sufficient notice the first time that the grants were offered. "They said have an informal mechanism for stereotype. Professionals have time to get to know the place and that there was a notice in the faculty mailroom, but I never saw it," solving problems. It is when this usually worked quite closely with Del Cotto said. "They reopened the fund because there had not been grievance mechanism breaks down management and usually choose the people there." that the need for a union arises/ not to make the relationship Goldstein indicated that he sufficientnotice." Del Cotto offered that research had been his first priority. "Our Schechtman said. In some ways,it would be teaching in the same adversarial. Often, professionals doing field itself that's research, to [teaching] lends what the summer is the Marxist alienation of the view union membership as a area of law at Stanford. "The is Cotto stated. "Summer school for,"Del activity comes second." worker both from main area of my teaching the product of continued paQ* by Ray Bowie One of the greatest budgetary and constitutional crises ever to shake the Student-Bar Association erupted last week following an SBA decision to withhold approval of next year's Opinion budget pending the outcome of an investigation into charges that this newspaper has been Inaccessible to certain people. The charges were first broached at the SBA budget meeting on April 25, during consideration of Opinion's budget,, when SBA director Laura Zeisel claimed that she was aware of several complaints that Opinion had refused "to publish contributions or allow-open access to its staff. While declining to specify these allegations, she suggested that an investigatory committee be established to hear them prior to any approval of the 1975-76 Opinion ... - Schechtman On Professional Union * Burns, Goldstein Resign * Summer Course Cut , . , - * �May 8,1975 OPINION 2 Letters to the Editor Editorials Investigation or Inquisition? Supported by vague allegations, the Student Bar' Association has tabled this newspaper's budget pending an "investigation" which will "determine" whether or not Opinion turned away students in disagreement with editorial policy and/or refused to print articles opposing this policy. While only time will tell whether this investigation (or inquisition) attempts to abolfsh freedom of the press here, the fact remains that the budget was tabled one day after the SBA. was heavily criticized in thisspace. While articles or students disagreeing with our policy have not been barred, comments will continue to appear in space this whenever they are necessary. ,lf SBA wishes to fund a house organ, they had better look elsewhere. Another charge made by an SBA official was that Opinion was operating under a constitution that was never approved by the SBA. Article 6, section 5 of the SBA Constitution states that no student publication shall be suspended, and that freedom of the press shall not be abridged. Before the SBA begins charging others with violating their constitutions, they had better check to see that they are not viojating their own first. Correct Appraisal former members of the prosecution indicating the reluctance of the prosecution to The StudentBar Association of pursue allegations of crimes the State University of New York committed by state troopers and at Buffalo School of Law is prison guards, and as if this were deeply concerned with the lack of insufficient, the recent disclosure due process, denial of equal of an FBI informant in the midst protection of the law, the lack of of the Attica Brothers Defense regard for basic standards of Committee. justice and decency which have We question the wisdomof any characterized the conduct and further prosecution of the Attica attitude of officials of theState of Brothers. We feel that the New York in the prosecutions irregularities in the conduct of the arising out of the Attica rebellion. prosecution, together with the Being located in Buffalo, we presence of inflammatory have had the opportunity to publicity, much of it false, have observe first hand the Attica created a charged atmosphere in prosecution. We have witnessed which the probabilities of fair the use of pre-emptory challenges trials are nil, if not impossible. We to eliminate minorities as jurors, are of the mind that justice can the denial of funds to the defense only be served by dropping all while nearly ten million dollars remaining charges against the and the full resources of the State Attica Brothers and by pardoning have fueled the prosecution, the of those already convicted. We offers of parole and release for fully support the resolution to be time served to elicit desired introduced in the state legislature testimony, the disclosures of on April 30, 1975 to thateffect. I would like to respond to your editorial in the last issue of Opinion condemning the SBA for allocating $1300 for two buses to go to Albany. Attica has been an issue that has concerned a large number of law students at this school. Many students have aided in the defense of those indicted and have gained invaluable A Viable Issue . student concern, President] [SBA Vice defendants, Mr. Eve's bill will not J. Glenn Davis introduced a petition signed by 125 students declaring their interest in the trip before the money was allocated. With the recent revelations by Malcolm Bell of the failure of the state to prosecute state police involved in the debacle and by an FBI experience, iby -their, participation informant that she in that defense. As evidence of defense counsel infiltrated the of the Attica . As potential members of the bar, we are alarmed at the growing lack of faith in the judicial system, especially as it affects minorities and the poor. We are concerned lest this example of selective and invidious prosecution further contribute to" the erosion of confidence in the law enforcement system. Our society can ill afford such an erosion of basic principles and values. Prehaps most disturbing of all are the recent charges alleging an official cover-up on a scale comparable only to the Watergate scandals. The recent decision by Governor Carey calling for an independent investigation into the conduct of the prosecution, itself provided by media disclosures, while welcome, is a case of too little too late. We strongly urge the Governor to support the April 30th resolution. Student Bar Association be passed over lightly by the Assembly. Attica is still a viable issue and will continue to be so for a long time. Students should have every opportunity to view their legislature in action over an issue in which they have shown a great deal of concern and in which they have expended a great deal ofeffort.,: .; i warren SBA Second-yew Director "Uncontrolled Ranting" We applaud the integrity and courage the University's A few comments on your "available only to Student Affairs Office exhibited in prohibiting the a few." "an unwelcome change in and irresponsible (2) Generally, the largest SBA reflect expenditure of mandatory activity fees to bus students to distorted the composition of that body editorial, "Onto the Bandwagon expenditures each year Albany for an Attica amnesty demonstration and lobbying are for Into Disgrace": parties. How this can be defended, ■ ■." Unwelcome to whom? effort. Former Editor-irpChief, now (1) You suggest a trip to the state legislature Senior Editor, Despite the smokescreen of "educational experience" analysis in "Budget that the whileobserve Ray Bowie, who to making of a lost Priorities the the SBA repeatedly tried to generate, the University saw Needed" should be applied the resolution relating the SBA election by a to penal to the through this fraudulent claim to the substance of the activity trip to Albany. But that editorial system is called "a substantia! margin? Clearly, SBA's disgrace" to which the students were to be bused, which was legislative states that activities which offer beyond me. Why is chartering is composition is not "unwelcome" a lobbying in the classical sense. Both the SBA's%pril 18 "an equal opportunity for bus to the state capitol a less to a majority of the student body. More offensive than these statement, which accompanied the allocation, and the eveMs participation for all students appropriate collective action for a particulars is your strident and which actually transpired April 28 in Albany established, should clearly be accorded law student government than bitter SBA's action in beyond any reasonable doubt, that the University's appraisal priority .." The bus trip was this providing open bar in-" the responsetone. to a petition signed by kind of opportunity certainly Crossbow? of the allocation was Correct. well over 100 students is called you not, as imply, an activity (3) The SBA's action is said to News services in Albany reported that Attica indictees continued page 7 addressed the demonstrators in favor of the amnesty bill, that Attica defense attorney Dennis Cunningham also told students to learn from the success of the Communists in ATTICA MAY BE ALL OF ''unique educational Albany demonstration Indochina, and, according to the Buffalo Evening News US, BUT SBA SURE AS HELL opportunity." For this legal educational, it (April 28), "The U.B. group spent most of the day was also quite in the ISN'T! exercise, however, SBA can obviously: Legislative Office Building lobbying with state legislators I shall remember last week as receive only a C (or is it 0?): culturally 1. enriching to support an amnesty resolution that will be introduced the week in which SBA, long Education is only one of the (Guidelines §302.14(c)(3)(i)), by Assemblyman Arthur Eve." relegated to the childish endeavors grounds upon which the bus there being many buildings of Much has been said, especially by various student of fund allocations, sporadic allocation could have been historical and architectural government officials, as to how SUNY's restrictions on pretzel purchases, and ping-pong justified, and SBA totally ignored significance proximate to the political expenditures of this sort violated the ball maintenance, cast off the bibs the numerous alternative, and in demonstration area, their ornate diapers of infancy and leapt no way inconsistent, theories demonstrators' First Amendment rights. No one, of course, and facades available study for visual full-grown did any such thing, unless the First Amendment is to be personhood.into the heyday of upon which to base its ratio and observation by the visiting Last week was the decidendi. Not only was the students as they demonstrate; ludicrously translated into a right to have one's desired week in which SBA only ■continued page 7 legislation supported by people who are conscientiously learned how to walk, talknot and tidy Volume 15, No. 13 opposed to it. What the University did in disapproving the up after itself, but learned as well OPINION May 8, 1975 use of mandatory fees for such purposes was to protect the how to preach morality and Geringer Editor-in-Chief: Dave rights of the minority, or perhaps even majority, which practice law, act simultaneously as Senior Editor: Ray Bowie revered church and learned refused to be conscripted into this lobbying effort. Feature Editor: Louise Tarantino Alumni Editor: Earl Carrel The State collects the mandatory activity fee upon pain counsel, all within theconfinesof of withholding registration each semester and permits O'Brian Hall. Hallelujah! Contributors: Jeff Chamberlain, lan DeWaal, Gerry Schultz, Carl SBA decided to send buses to Heringer, Eric Zaetsch, Robin Skinner, Pearl Tom, student governments wide discretion as to its use. Student Albany Zeck. for an Attica they must, if governments desire_ mandatory activity fees, demonstration. When reminded, OPINION is published every two weeks, except for vacations, during only accept the legitimate conditions which the State rather rudely, that the. the academic year. It is the student newspaper the of State University of New York at Buffalo School of imposes to protect the Constitutional rights of students who Trustees' Guidelines mightSUNY Law, John Lord O'Brlan Hall very SUNYAB, Amherst Campus, Buffalo, New York 14260. The views oppose being forced to support political action with which well forbid this, SBA, taking experesed in this paper are not necessarily those the of Editorial Board they disagree. advantage of the vast legal or Staff of OPINION. OPINION Is a non-profit organization Third Class Postage entered at Buffalo, New York The Student Affairs Office here has, we believe, educations and resources at its policy Editorial of OPINION is determined collectively by the admirably fulfilled its responsibility in this regard, while our command, came up with the argument that this activity was a i^\j own SBA dismally failed. . . . - - - Educational Opportunity? ' lJ^^^^iOPlNlOtUtJmiti^a^omS^mt^ua - �MavB.l97S OPINION President's 3 END OF THE BAR Corner by by Rosemary Gerasia Roberts Jeff Chamberlain for most professors. A second approach is to write logically, that is, with well-constructed syllogisms. A "How to Write Good Without Actually Cheating" syllogism, because of its absolute uselessness, always has been of interest to lawyers.Briefly, it is a device for inferring a conclusion from a major and minor "Though this be madness, yet there is method premise. The major premise makes a statement about int." a class of things: for instance, "Not all major Shakespeare, Hamlet (II ii 208) premises are true." The minor premise says that the thing with which we are concerned is a member of Another school year is ending, and another the class, for instance, "The six words quoted above baseball season has begun, the latter holding more are a major premise." From this we conclude, "It is promise than the former. Due to the prevailing not always true that not all major premises are true." environment, the end of a semester is primarily Such is the overwhelming capacity of logic to inform distinguishable by final examinations. Everyone, it us of the realities of daily life that its usefulness in seems, is presumed to know the law except law writing term papers cannot be overestimated. It has students and lower court judges, The latter have been repeatedly shown that logic has absolutely no courts of appeal set over them to put them right. relationship to law, So it is suggested that you use The former are thralls to law professors who tell thisdevice sparingly. them what they've donewrong. A third technique is the typographical trick. The Final examinations are examples of the general foundation for this gambit is to introduce symbols* idiocy of sociological methods. The good-professor or abbreviations into your writing. "P" for plaintiff (one word, like damn-Yankee) asks Mr. Smith (a and "D" for defendant are elementary examples. student) what he understands to be implied in Rule The trick is to slip in the wrong letter. This 10-x-b-7 of the Code of Hammurabi, and its subterfuge while admittedly an infraction of the influence on the syncretic evaluation of Regulation ground rules rarely incurs a penalty, as it can 29-376 of I.R.S. Code (>894), Section G in always be blamed on the typist. In fact, you conceptual terms, of course. Mr. Smith, reasonably probably need not stoop to it yourself, as most conversant with the subject, proceeds to write typists will gladly enter into the spirit of the furiously for three hours, the result of which is occasion and cooperate voluntarily. But if, by gibberish whose incoherence is exceeded only by its chance, your argument does not get badly garbled, illegibility. Great piles of completed bluebooks are "your reasoning is likely to be all too easy to follow, thendelivered to the good-professor who must spend provided that the reader knows what the symbols eighteen hours a day "correcting" them, all the while stand for. Here, your line of defense is: at all cost complaining of the hardship of his lot as if poor prevent him from finding out. Thus, you state in the Mr. Smith was responsible for the outrage in the first ■ fine print of a footnote on page-ten that the leading place. case in the field (carefully cited) will "hereinafter be The end result is a grade which is supposed to referred to" as "the Smith Case," and then, on page reflect Mr. Smith's ability in one petty area of law or twenty-two, introduce "the Smith Case" out of another. Therefoave been* some slight misgivings as to nowhere. Although your reader will eventually catch the accuracy of such a procedure. up to you, you can further throw him off Some final examinations masquerade as term temporarily by making him think he knows what the .piiiper!,. ,Mo,st. students, have, trouble writing term symbol 01 -abbreviation means. For example, every papers because they are stupid. Most students hwo professor will know "theGriswold case," so you can do not have trouble writing papers are stupid, too, hold him at bay by heaving into your analysis some but.they do know one thing that their colleagues do other case involving a "Griswold." The poor fellow not: Since most concepts of law are relatively simple will automatically start thinking in terms of (once you understand them), any ambitious writer "penumbras," then begin wondering how rights of must, in self-preservation, prevent the reader from privacy get into your paper on corporations anyway understanding that/7/s ideas are simple, too. and finally discover thatall the while "the Griswold There are several techniques which can be used Case" to which you referred was an 1861 writ of accomplish goal. this One is write to a paper so mendamus. To conclude, I would like to thank both the Executive Board and to Speaking of footnotes, a subtle ruse is the Board of Directors for the professional and responsible way they dealt obscurely and uninterestingly that no one will with one of the most difficult issues ever to be placed before the SBA. attempt to read it, but will instead genuflect in awe "unconsummated asterisk" gambit, suppose you are before such erudition. This approach is too subtle continued page 8 Have a good vacation! / One of the most profound features of? our legal system that a law .student can respond to, is that Its/creation was not spontaneous and that its growth will never be completed. Rather, our system was and is the result of continuing social, cultural, and moral development. And it will continue to respond to these factors, changing ana evolving according to the-demands of our society. It is with this insight, and in consideration of a petition signed by more than 150 students, that the Board of Directors of the SBA allocated money to send buses to Albany to observe the direct relationship between social demand and the legislative process. While the allocation was being considered by Dr. Anthony Lorenzetti, Associate Vice President for Student Affairs, theSBA was informed by Ray Bowie that if we succeeded in having the expenditure accepted, he would attempt to get a Temporary Restraining Order issued against the SBA. In response to this, the Executive Board retained HandschuandKlaif as counsel to defend against such an order in case Mr. Bowie was able to procure one. Subsequently, and despite a letter of justification from the SBA and a reaffirmation of their original resolution, Dr. Lorenzetti refused to process our allocation on a technicality.The merits of our request were never reached. Pursuant to a directive from the Board of Directors to take any necessary action to see that their allocation was executed, and on the advice of our counsel, the Executive Board then expended $400 from the SBA photocopy account to send one bus to Albany on Monday, April 28th. This money was not subject to mandatory fee guidelines and there were no internal SBA restrictions on its use. In taking thisaction, the Executive Board felt that it was fulfilling a duty not only to the Board of Directors and those students who signed the petition, but to the entire student body. We considered the denial of Student Affairs to process our allocation to be arbitrary and capricious. According to SUNY regulations, when a budgetary request is denied, a Board of Review must be convened to review the allocation and forward its recommendations to the president of the university. The board must be composed of four'members appointed by the administration, and an equal number appointed by the organization making the request. This review was not afforded to the SBA. In fact, the Law School's case was never even submitted to President Robert Ketter forihis conswleii;atian'>ias was intimatedfoyQr. Lorenzettii < nmnx,Kut The purposes and'intent of the SA are not necessarily thoseof the law school. A law student has both a moraland professional obligation to observe and respond to those factors which influence the very system to which he expects to contribute. The right to determinehow this responsibility is to be discharged should not be dismissed arbitrarily, but should be protected and insured. - ,. ' The outside World by Carl S. Heringer As pressures grow ant time grows short on the Inside, it becomes harderand harder to find the time to go Outside. Some things do encroach themselves one's mind, The cruel Buffalo winter seems to be over; witness the sunlight falling on my typewriter in the early evening. There is even warmth in that light, and green life is beginning to appear. It has been said that this city is a very nice place to be this time of year. It would have to be in order to compensate for the rest of the year. According to theBuffalo Evening News, that all-news radio station will not be coming to Buffalo, as the station owner did not give the go-ahead to those who were planning it. Due to the vagaries of time and the definitiveness of deadlines, my annual Kentucky Derby survey falls in-between the time 'of this writing and the printing. That is, the race is this Saturday for me, and last Saturday for you. Did you ever try to break a contract with your bookie? As promised, here's Myles the Magician: "You dedicated readers won't be . FOOLISH PLEASURE has «# best record of the entrants but really has not been dominant in his recent races. He barely won the Wood, was solidly whipped by PRINCE THOU ART in his last race in Florida, and appeared to be tiring in his first Florida win.PRINCE THOU ART'and SYLVAN PLACE will run asan entry and come from the people who gave us LITTLE CURRENT last year. PRINCE THOU ART is a closer and will need a fast pace to win.... SYLVAN PLACE will probably cut some of that pace along with BOMBAY DUCK AVATAR and DIABLO come in from Californiaand are really unknown quantities. DIABLO's last race was a "monster" and he is ably ridden by Laffit Pincay. We would rate him the dark horse in the field. AVATAR was unimpressive in the Blue Grass and really has shown only one worthwhile performance. Bill Shoemaker will help him. The last major contender is MASTER DERBY, who has won two races over the Derby track. The horse is razor-sharp and if the track is muddy his chances are even greater. For long-shot freaks, MEDIA might be the best bet. reading thii prediction on the Derby until No horse in the field looks outstanding, side, after it was run. On the positive MASTER DERBY, 2. nobody can blame the prediction for any but we'll go with: 1. 3. PRINCE THOU money lost at your local OTB parlor. You FOOLISH PLEASURE, ART. As a cop-out, we are wary of can have some fun though, saying whatata basis of our just on the DIABLO fool the predictor was. To the issue .hand. ', ignorance,". ,.., ,. - -— — - Environmental Notes by GeralJ R. Schultz Buffalo is in a uniqueposition, in many ways. In this city, we have a chance to study and interact with air pollution, water pollution, thermal pollution,' land use issues, urban mass transit,and, last but not least, nuclear pollution. There is a nuclear fuel reprocessing plant thirty miles south of Buffalo in WestValley, New York, while nuclear power plants are planned for Somerset, New York on- Lake Ontario, north of Buffalo. The reprocessing plant, which operated in the late '60's and early 70's, has been shut down since 1972. It is owned by Nuclear Fuel Services, Inc., which is owned by Getty Oil. NFS has applied to the Nuclear Regulatory Commission (formerly the Atomic Energy Commission) for licenses to reopen and expand. The Sierra Club and several other groups and individuals have intervened in the licensing proceeding, with several members of the Environmental Law Society assisting the Sierra Club. Nuclear power is generating an increasing current volume of debate and controversy. In order to give some background to this debate, thenuclear fuel cycle will be outlined and the main issues of the controversy identified. The nuclear fuel cycle begins with the mining and milling of uranium ore. Uranium oxide is then shipped to a conversion plant where,it,is cpnverftd to uranium hexafluoride. This compound is shipped to an enrichment plant where the gaseous diffusion process increases the proportion of U-235. {There are only three of these plants, all owned by the federal government. A single plant costs two billion dollars to build. A single plant in Portsmouth Ohio, uses 10% of the electricity used by the entire state of Ohio). The enriched uranium goes to a fuel fabrication plant where fuel rods for reactors {power plants) are made. The rods are transported to the power plant and placed in the reactor core where they generate heat which is converted to electricity. The rods have a useful life of three to four years. After this period of time, they must be removed and replaced. The "spent" rods are taken to a reprocessing plant {such as the NFS plant in West Valley) to recover the uranium and plutonium in the rods, while the other fission products and the radioactive waste created at the reprocessing plant must be disposed of. The uranium and plutonium is reused. The main issues in the nuclear power controversy are: {1) How to dispose of the radioactive waste material. The Current Energy Research and Development Administration (ERDA) proposal is to store it indefinitely while they attempt to determine how to dispose of it permanently. (2) Reprocessing of the spent fuel. Reprocessing plants contribute far - continued page 6 �BALSA Attends National Convention Allocation Denied - May 8,1975 OPINION 4 continued from page 1 regarding the issuance of a temporary restraining order to block the activity fee expenditure. The suit was withdrawn following Dr. Lorenzetti's favorabledecision. No limitations SBA President Rosemary Gerasia Roberts indicated that money from the photocopier account had been spent in various ways during the past years. "There were no restrictions on the use of the account," Ms. Roberts noted. . Schechtman -threat - continued from page 1 to their image and status instance, in unions of faculty at position in society. Also, private schools, the faculties of professionals are basically the law school and the medical skeptical, Mr. Schechtman school each have their own union. pointed out, and want to see Even though the union may be results before they accept the small, it does have a significant union. amount of leverage over the Major distinctions employer since the best There is one major distinction professionals can always leave and between the professional union be hired elsewhere, which is not and the blue collar union. The blue collar union is concerned primarily with bread and butter issues such as wages and hours. The professional union, on the other hand, is more concerned with non-economic issues such as self-governing powers for university faculties and client continuity for Legal Aid lawyers. Because of this, professional members may easily be alienated from the union as well, if they find that it is unable to solve non-economicproblems. Additionally, if there is too much emphasis on the financial conditions of employment, the professional may feel that he is being wrongly characterized. As a result, most professional unions are not affiliated with any national organization or union, preferring to be independentand self-sustaining. Although there is more "political clout" with d larger unit, Mr. Schechtman said, professionals have such specific needs and interests that smaller units serve them better. For . the case with the blue collar workers. More than 500 delegates from various law schools across the nation convened in Atlanta, a city illustrative of black professional success, for the national convention of the Black American Law Students Association from March 26-29. The setting was uniquely appropriate in that Atlanta is a city with a 50% or more black population, the first southern city to elect a black mayor, and a city which served to give young black students an optimistic look at the possible benefits of their educational rigors. Appropriately, Atlanta's black mayor, Maynard Jackson, is a senior partner in the successful black law firm of Jackson, Patterson, Parks, and Franklin, and the convention headquarters were at the all-black-owned Paschal's Motor Hotel. The well-planned convention contained many informativeand significant events. On Friday, March 28,- a luncheon was held in which Ronald Davenport, the black Dean of Duquesne Law School, was the principal speaker. The luncheon was held in the Morehouse College dining facility which is a part of the historic Atlanta University system. The system, which consists of Morehouse College, Clark College, Spellman College, Morris Brown College, Interdenominational Theological Seminary and Atlanta University, is laden with significant contacts with people who have influenced the black experience in the United States, including the late Dr. Martin Luther King, Jr.*, Maynard Jackson, Julian Bond, HowardMoore, and W.E.B. Dußois. On the closing night of the convention, a benefit was held for the-defense of Jo Anne Little. Karen Galloway, who is representing Ms. Little in the controversial case, was the principal speaker. The grass-roots approach of the speaker and what she called the serious miscarriages of justice in the United States, the State of North Carolina and the Professional unions Mr. Schechtman's firm currently works with unions of professionals including architects, curators of art museums, civil service lawyers, faculties, physicians, interns and residents in hospitals. While therehave been strikes carried out by some of these groups, most recently interns and residents in the New York City hospitals, many professionals are hesitant to strike because of the ethical considerations involved. Also, the success of any strike by professionals is critically dependent upon the sympathies of one public for its ultimate Prior to consideration of trje 1975-76 budget success. reqpests, the StudentBar Association voted on April Mr. Schechtman is a 18'to table indefinitely, and in effect kill, a request contributing editor of Juris for recognition made by a newly-established student Doctor magazine and wrote the group, Law Students For Equality Upon Merit. cover story for the November 1974 issue on this topic, titled The organization claimed in its constitution that "The Bluing of the White-Collar it stood for the proposition that the law schooland Professional." legal profession should treat students without consideration of race, sex, or other accident of birth, and that it opposed affirmative action or any ideology which denigrated individualmerit. Little case in particular made anybody concerned with balancing the scales of justice reassess their current position and to direct their future efforts toward a more positive commitment. The Rev. Martin Luther King, Sr., made a dramatic arid moving appeal to all people to dedicate themselves to the realization of his late great son. An aura of dedication and commitment permeated the surroundings at this, the convention's final activity. Other activities of the convention included several seminars ranging from access to health care (an in-depth analysis of the recent sterilization scandal, a constitutional right to health care, a national health care plan, and litigation in thehealth care area) to litigating with a Law School (a survey of the continuing struggles by law students against racism in admission, grading and livingpractices at Various law schools). There was also a job placement and career planning program in which law firms, legal aid agencies, government agencies,- and corporations participated and recruited at the convention. Recruiters included the Central Intelligence Agency, American Telephone and Telegraph, StandardOil of Ohio, and the Legal Aid Society of Birmingham, Inc. This is in no way an exhaustive list of the recruiters present, but can give one an idea of the diversity of the groups represented, s Other distinguished participants in the conventionincluded representatives of the Gate City Bar Association, the National Bar Association, the National Conference of Black Lawyers and the Black Law Professors Association. The convention consisting of regular business sessions, election of national and regional officers and social gatherings ended with a commitment by all present to return to their respective schools and become actively involved in the reversing of the current trend in the acceptance of and graduation of fewerblack people from law schools. SBA Refuses Recognition Law Spouses Elect 75 76 Officers - by Brent L. Wilson Several weeks before, the same group had submitted a constitution for a male Law Students Association, which was rejected. Submitting a constitution as Law Students For Equality Upon Merit, the group hoped to fare better in the .SBA, feeling that the organization's!.name now.merely described its philosophy. Upon a motion by SBA 2nd Vice-President J. Glenn Davis, however, the recognition request was tabled indefinitely without debate on the request itself. SBA director Mark Linneman, a supporter of the new organization, requested that SBA at least debate the propriety of the group's philosophy if that was the objection to its recognition, but the motion to table passed by a substantial margin. SBA must approve the constitutions of all newly-established organizations so that they can function within the law school, seek an office, or request a budget. Supporters of Law Students For Equality Upon Merit alleged that never before had SBA denied recognition to a student group. The organization pledged to strive again for recognition when conditions in SBA were more favorable. Abortion Symposium Attacked I. to r. Sally Schermer, Tina Stoufer, Sheilah Rostow, Steve and Roberta Pheterson. Not pictured, Marilyn DeLorio. New officers were chosen at the Student Law Spouses Association elections at their April meeting at Professor and Mrs. Burgenthal's home. The officers elected at that time were: Tina Stoufer President, Sheilah Vice-President, Sally Rostow was raised and the sale was such a success that plans are being made to hold another sale in the fall. Coming up is the finalbusiness meeting for this semester, to be held May 6th at 7:30 p.m. in the Faculty Lounge.* Plans for this summer will be discussed and Schermer Recording Secretary, committees appointed to organize activities for the fall and the Roberta and Steven Pheterson Treasurers, and Marilyn DeLorio upcoming year. -- — - - CorrespondingSecretary. On April 11th and 12th, S.L.S.A. held a plant sale to raise money for the Scholarship Fund. Approximately severity dollars An exchange of memos last WLA urged SBA week kept alive a controversy in of the allocation reconsideration and demanded the SBA as © whether the that WLA be given either the right Student Bar Association should to decide upon one half of the fund an Abortion Symposium panelists for the symposium or next year, as the Women's Law have an "equal say in developing Association (WLA) and the non-discriminatory criteria" for Abortion Symposium Committee selection of panelists. They asked traded charges on whether the for an immediate freeze on all Symposium was biased against the symposium arrangements until pro-abortion position. they were afforded this participation. Two weeks ago, the SBA voted The memorandumalso charged to provide $500 to the Abortion Symposium Committee for that the Symposium Committee panelists' honoraria, and another was "closed to any democratic $500 should the Committee decision-making and has lost the secure additional funding from trust of the WLA," had other University sources. The misrepresented having certain Women's Law Association had consultations, and was lobbied against the allocation, "dangerously motivated by both at Budget Committee misogyny." The WLA asked how May bake sale and 16th, hearings and again at the April 25 it, "the recognized student On a SBA meeting where it was passed. organization whose ongoing at lunch be held the Law will box School, another fund raiser for In a memorandum circulated purpose is to defend the rights of the scholarship. to SBA directors last week, the women," could trust that a pro-abortion viewpoint-would be presented when "women have not been given the right to choose conference participants." Members of the Symposium Committee, which is organizing the event, are Mark Zehler, Karen Gorbach, and Howard Stirling. The committee responded to the WLA's memorandum with a memorandum of their own, in which they denied the allegations of misrepresentation: and termed that WLA's charges were "a personal affront." The committee also explained efforts it had made to represent "a stronger pro-abortion viewpoint" on the panel and welcomed all input. At the SBA meeting of May 2, the SBA completed action on the 1975-76 budget, except for Opinion, without any reconsideration of the Abortion Symposium coming to the floor for discussion. �May 8,1975 OPINION Bleicher: Human Activity Safe for Planet by Robin Skinner example of this. In that case, the United States claimed that it had no obligation to Mexico to insure Professor Samuel Bleicher of the University of the reasonable cleanliness of the Colorado River ■Toledo Law School spoke recently on the topic of before it flowed into Mexico. Later, when the regulation of internationally shared environmental" United States was objecting to pollution in the resources. Several goals were mentioned by Prof. Columbia River as it flowed from Canada into Bleicher, including the use of the environment to Washington, the Canadians argued that under the improve the standard of living, the protection of the Harmon doctrine, they had no obligation at all. environment, the protection of human health, and the preservation of the environment for beauty and Environmental damage The Stockholm Principles state that the use recreational purposes. In controversies, nationsalso hope to achieve a made by any nation of an international resource settlement that will be acceptable to the other must not damage the international environment. countries which share the resources. It is important Compensation must be paid by the nation making too, that plant and animal species not be allowed to use of the resource for any damage thatresults from become extinct, since it is not yet known which of that use. The compensation required may be either them are vital to the ability of this planet to support economic, environmental or both. The Helsinki life. The priority which one assigns to these various Rules, rather than dealing with the problem of goals depends greatly on the level of economic existing injury, are directed to the formulation of a plan of shared, non-injurious use of limited resources development which a nation hasreached. known as equitable utilization. Each nation is entitled to its fair share of the use of the resource. Conceptsadopted Since the current upswing in environmental Ideally, there is no inherent preference of one use awareness, some basic concepts have been adopted over another. However, non-use is subordinate to for use in planning the regulation of resource active use and an existing use often gets preference "utilization. There must be limits on the use of over a new use. There is a basic problem with equitable resources, eitherbecause the resource itself is limited and non-renewable, or because there must be time utilization in that the finaldivision of the resource for the resource to renew or regenerate itself. It is and the type, location and degree of use of the desirable to preserve some resources for use at some resource are not usually the same as would be arrived other time in the future. Since the use of resources at if one nation controlled the entire resource. It must be limited, the uses that are allowed and would be desirable, Bleicher said, if there could be desirable at this time must be shared by the an international comprehensive plan for the interested nations. There may be an actual sharing of development and use of shared resources. The needs the resources, or one nation may make some form of of the sharing countries would be considered with payment to others for the right to usejriore than its facilities located at ideal sites. The nations would then share the products of the resource. Carrying out share of theresource. Once the goals have been established, Bteicher this type of arrangement would be extremely difficult at this time, since the channels for transfer noted, the question arises whether the international legal system operates to achieve those goals either in of the products .or payments for use are poor or the short run or the long run. Guidelines for the nonexistent. Protection of the environment requires environmental:obligations of nations have HeiVset thatth'e condition of the wholebe considered before out in the United Nations Declaration on the Human ariy action is taken.For this,Prof. Bleicher suggested Environment in the Helsinki Rules and the the use of experts and the submission of a document Stockholm Principles. Bleicher indicated that since similar to an Environmental Impact Statement the international legal system relies heavily on before changes are made in the use of the resource. negotiated settlements, extreme and self-serving principles are often articulated by the..nations Change suggested We need a fundamental change in our attitude involved. Often, these extreme positions serve the Bleicher suggested. Where immediate interests of the nation espousing them, toward the environment, the past we attempted to make this planet earth but they are not long term solutions, and they can in must now aim to make beings, safe for human we easily be turned around to the detriment of the originating nation. The Harmon doctrine is a prime human activity safe for the planet. Moot Court Consolidates Gains If there was a theme that pervaded the Moot Court Board's activities this past year, it was one of consolidating the gains from past years' experience, and making that experience pay off by working hard to achieve respectable success in this year's endeavors. In September, 1974, the Moot Court Board was the largest it had ever been, with approximately 20 members. AT the same time, the Board anticipated participating in five national and regional competitions, including two that had been entered for the first time the yearbefore. In order to insure better preparation for the upcoming national and regional competitions, the Board instituted a two-pronged program to improve briefs and oral performances. The first part consisted of assigning two Board members to edit the rough draft brief of each competition team. After editing, the competition team was required to rewrite the brief into a final form. The key to the project was that the editors were not to be members of the competition team, nor were they to have done any research in the area. In this manner, the arguments were sure to be clear, concise, and understood quickly by judges both familiar and unfamiliar with the subject matter of the brief. The second stage consisted of requiring a competitive run-off between the members of each competition team in order to determine which two members were to be selected to orally argue at the competition. Teams were instructed to contact both faculty members and area attorneys with expertise in the subject area in order to have them act as judges for the competition. In several cases, Board members who edited a particular competition team's brief were also required to act as judges in the run-offs. Other Moot Court Board activities included: The National Competition In its best showing in several years, the Board's National Competition team finished third out of eleven teams in last November's regional at Massachusetts. Buffalo defeated Suffolk Law Cambridge, School and the University of Connecticut in the first two days of the elimination competition, before losing to a strong Cornell team in the. simifinal round. Buffalo's brief was also third out of eleven, with 93 out of a possible 100 points. Desmond Competition For the second consecutive year, the Board broke records for student participation in the Charles S. Desmond Moot Court Competition. Twenty-four teams, the largestnumber ever, competed in last fall's competition. When the briefs were in, the oral arguments began in earnest. Each team argued one practice round in front of a panel of three Board members, who critiqued the oral performances and offered suggestions on how thearguments could be improved. The following week, each team argued once per evening for three consecutive nights, and all teams were required to switch sides at least once. The top two teams advanced to the final round on November 23. The finalround panel consisted of - continued page 6 5 Many Panels at Int'l. Law by Pearl Tom Panel discussions and lectures on several different areas of international law were held at the American Society of International Law's annual conference in Washington, D.C. from April 24-26. Students from the International Law Society of this Law School were among those attending. Some of the topics covered were quite timely. A panel on "International Law and the Food Crisis" covered the recently held World Food Conference and the Budapest Conference on Population Control. Participants discussed the accomplishments of each of these world meetings and the work that remains to be done. The panel indicated that while the world hunger situation has improved somewhat, a crisis still exists and cannot be overlooked. Food aid is still desperately needed. A system of grain reserves needs to be established, along with a means of insuring distribution of those reserves to those who really need them when the time comes. As a long-term solution, a dramaticincrease in production of food is needed if the problem is to be genuinely solved. There already have been problems in the distribution of food aid. In some nations, domestic authorities have held some of the food in storage, where it rots. Some of the food is stolen and sold on the black market, thus defeating the purpose of the aid which is to get free food to the starving. Several suggestions were made as to what could be done in the cases where food was being used as a political weapon. (Such use of food is a war crime according to the Geneva Convention.) A proposal was also made that courts should not grant sovereign immunity to offending nations. The basic conflict is one between the human right to food against the domestic right to self-determination. One methodof assisting poorer nations in their importation of food is to let those nations include their food needs as an element in trade negotiations, and allow them to export more goods in an effort to offset the_costs of importing food. Relationship recognized Both the Food Conference in Rome and the Bucharest Conference recognized the relationship between the population explosion and the food crisis in the statements which they adopted. The Bucharest Conference recognized the right of each family to extensive information on population control and warnings on the dangers of population explosion. The World Food Conference adopted a similar statement without dissent just a few days after the Holy See reiterated its anti-birth control position. While it is readily acknowledged (hat volunteer population control may be too slowin achieving results, the question was raised whether compulsory birth control might not be a violation of international law and the Bucharest Conference, which reaffirmed the right of each family to decide the number and spacing of its children. One proposal indicated that nations donating food might require the recipient nation to show good faith efforts to limit or halt population growth. In all of these instances, public support is vital. To maintain that public support, it is necessary to show thatit is in our own national self-interest to pursue this problem and solve it. Changes sought Another panel discussed "Women's Transitional Privileges and Disabilities," which acknowledged that the changes sought by the women's movement are extensive. Although the Equal Rights Amendment cannot change personal biases, its value should not be minimized. The panel declared that it would be useful as a "battle weapon" and will provide leverage to accomplish further goals. It is necessary that there be constant progress in the movement, no matter how small the steps, the panel indicated. Without some progress, the frustration would be uncontrollable. "Separate but equal" was quickly rejected as a satisfactory solution, although one panelist did indicate that it might be one step in the process of achieving the goals ef the movemenT. . Proposals outlined Several proposals for methods of caring for children while allowing a woman to maintain her job were outlined. Paid maternity or parent leaves with continuing job security were htought by the panel to be insufficient, since a woman would .still not be able to reach the upper echelons of the business worldbecause top positions are viewed as requiring long term, focused and uninterrupted attention. Child care centers are of some assistance, although they do not deal with the problem of daily household chores. It was also suggested thatwork done in the home should be counted as a unit of labor and compensated accordingly, either through income or tax breaks. It was further proposed that grandparents or other able elderly persons could be used to care for young children, thus solving two current problems. The young parents would be free to pursue their careers and the elderly would have responsibility that would help overcome their feelings of uselessness. Honesty needed Honesty in foreign policy was also the theme of Kingman; Brewster, President of Yale University, in his speech at the final dinner. Brewster indicated that the U.S. can no longer have its own way in the world. The United States must be willing to make compromises with other nations, if it is to come anywhere near reaching its goals. The interdependence of nations has made it necessary for us not only to be willing to make compromises, but to - continued page 7 �May 8, 1975 OPINION 6 Environmental Notes Federal Tax Z cycle will be exposed to high levels of radiation. (7) The safe operation of power radioactivity to theenvironment than plants and die consequences of a major the power plants. (3) Transportationof the accident. Proponents say chances of such -more continued from page 3 nuclear materials. While in transit, accidents are infinitesimal. Opponents say accidents will occur, perhaps resulting in a that, if such an accident did occur, would release of radioactivity. The material might you want a nuclear power plant near where also be stolen. (4) Persons might attempt you live? (8) Net Energy. Thereis evidence to sabotage a nuclear facility or stealI to suggest that if many nuclear power nuclear material from such a facility. (5) plants are built in a short time (i.e., twenty Because of the possibility of theft,' years) they will actually consume more hijacking and sabotage, vastly increased' energy than they generate. (9) The Capital security measures (more police and guards) cost of nuclear plants is increasing by leaps will have to be instituted. (6) Worker and bounds. The nuclear power industry Safety. Workers at several points in the fuel continued page 7 - Moot Ct. Turnof continued from page 5 Judge Charles S. Desmond, Chief I udge, and judge Matthew |. Jasen and Professor Ken Joyce, Associate Judges. The winner was the David Clegg-Chris Sterner team, both first yearstudents, and the runner-up was the team of Carolyn Pasley and David Ross. The Pasley-Ross team also received the best brief award, while Gene Reibstein, a second-year student, was named the best oralist. The Niagara Competition The Niagara Competition, scheduled for the first week of February, was somewhat of a problem this year. The due date for the brief was at first January 17, then January 24, both of which collided with the Law School's final exam dates for the first semester. A late start by the sole Board member working on the competition, Scott Slesinger, also hindered our .participation this year. Board candidates were used to fill the gaps, wills carididate Allah ManteT eventually 9. Eliminate the use of generation by Gerald R. Schultz shipping trusts. 10. Use the estate and gift tax to break One of the most frequent criticisms of. people who propose change is that they large concentrations of wealth. only tear things down, not offering any 11. Eliminate the tax exemption for constructivealternatives. Thus, thepurpose of this column is to offer specific suggestions for changes in the federal tax system, in the tax code itself. I have criticized the code, the system, and the way Tax is taught at this school. The following is what I think should be done. Much of the following is embodied in greater detail in the Tax Justice Act, proposed by the National Committee for Tax Justice. state and local bonds. Tax the interest yield as ordinary income. In place of tax-free bonds, the federal government will subsidize the state and local bonds by paying part of the interest rate. 12. Change the Social Security Tax (FICA). Under the current tax structure, a person earning $13,200 pays $772.50 in the samej as a person making tax $50,000. I would exempt low income people and tax middle and upper income — people progressively. In contrast, consider Chase Manhattan's 1. Eliminate the preferential treatment six point economic program: "capital gains." "capital Tax "1. Provide sufficient inducements for given to gains" as ordinary income. Make losses an ever-growing base of personal savings. fully deductible. 2. Establish more realistic guidelines for by lan DeWaal 2. Eliminate the investment tax credit. depreciation allowances. 3. Give preferential tax treatment for 3. Eliminate all forms of accelerated This, if all goes well, will be the last column under my byline. Chris Carty, currently in the depreciation. Allow only straight )ide "retained corporate earnings used for depreciation. investmentpurposes. first-year class, will take over the column and my 4. Eliminate all forms of rapid 4. Ameliorate our relatively harsh position of financial aid advisement next fall. treatment of capital gains compared with For those students graduating this )une, it-is amortization. stepped Eliminate the basis of that of most other countries. up time to arrange for the repayment of all those loans 5. property at death. Require that tax be paid 5. Stabilize our fiscal and monetary you have been accumulating during the last seven by the decedent's estate before transfer to policies to prevent violent swings in the years. If you have a National Direct Student Loan (NDSL) you are required to schedule an "exit the heirs. Include a $25,000 exemption for economy. 6. Eliminate unnecessary controls. And interview" to arrange for the terms of repayment. basic family assets. 6.. Eliminate the foreign tax credit as it do away with outmoded government Please call Ms. Charlene Cadmen at 831-2041 in now operates. Compute such credits on a regulations and- agencies that restrict our Hayes A, Office of Student Accounts. FREE MARKET ECONOMY." If you have a NYHEAC loan, you will be per country basis. Is what is good for Chase good for us? 1- Eliminate all mineral depletion contacted wilhin nine months of graduation by your allowances. The next time you hear someone say there lending institution to arrange for repayment. Please 8. Eliminate Domestic International rich and powerful class in the U.S., is no be advised that there are arrangements possible, to think twice. postpone repayment if you are unemployed. You Sales Corporations. must specifically request this, in order to avoid theScrew , defaulting. : Last week,. thjicplurnp,, mentioned that PAp. minority Fellowships Were available. Unfortunately,! misread the advertising brochure. These fellowships are available only for students entering as freshmen accompanying Slesinger to next year. If you know any entering freshmen in the Cleveland, Ohio as the team's minority program, could you tell them about this other oralist. Arguing fellowship. Information is posted outside the anonymously in this competition, mailroom. as required by the rules, the team lost a close match to the University of Toronto and suffered a not-so-close loss to another opponent. Since the competition was based on double elimination rounds, the second loss was the end for the team. However, Buffalo's brief, written and researched perilously close to and during final exams', ranked fourth among the field of The GraduatingClass of 1975 Faculty ofLaw & jurisprudence Cordially Invites the Law Classes of 1976 and 1977 to our CommencementExercises Sunday, June 8, 1975 8:00p.m., Kleinhans Music Hall Receptionfolliowing in Mary Seton Room Eminent Scholar to Speak at Graduation the 1974, she taught at the University of Chicago Law School. During these years, Dean Mentschikoff also did significant work in the areas of arbitration and international business transactions, being a work on the Uniform Commercial Code. member of the U.S. delegation to the Prior to her work on the UCC, she was a Hague Conference on International Sales in prominent Wall Street attorney in the field 1964. She has written numerous articles on of labor law. various topics and in 1969 published a In 1947, Ms. Mentschikoff was the first major work on Commercial Transactions, woman ever to be invited to teach at and is currently the President of the Harvard Law School, and from 1951 to Association of American Law Schools. Soia Mentschikoff, Dean of University of Miami School of Law, will be the guest speaker at the 86th annual Law School graudation on ) une 8. Dean Mentschikoff is primarily noted for her ALUMNI LINE. competitors. proximity to the Law School, it shouldbe even easier to recruit jurors, regardless of the fact that the trials will be held downtown in Erie Another is drawing to a close and this is thelast column for County Hall. Perhaps the reason for the funding is that virtually all -this school year, basjcally because this is the last issue of Opinion for instructors in the Trial Technique program are Alumni. Ah additional this year. A number o? things have happened since last time out, so no point can be made that since Trial Technique is a credit-bearing academic course, any funding should be coming from the state and not arrows, just bits and pieces of news. Several weeks ago, Richard Schwartz announced his resignation as from private sources. by Earl S. Carrel The JessupCompetition Elimination rounds for the Jessup Competition were held'on January 24th and 27th of this year. Each individual presented the case for both sides at least once, arguing a total of four times. As a result of the competition, Ray Bowie, Gene Reibstein, and Mark Hellerer were selected to represent the Board at the Regional Competition in Syracuse on March 14th and 15th. year Provost and Dean of the Law School effective at the end of the next academic year. "Red" has been a driving force behind the development of the school. A tremendous amount of criticism was directed toward him when he came to Buffalo as the first non-lawyer to head a law school in this country. Most of the flak was unjustified. As a former student, now an alumnus of the Law School, I can appreciate what "Red"Schwartz did foe this school. He is not the greatest teacher of law, but he has a unique ability to motivate a student to see that law is more than statutes and cases. He was and is a good administrator and At Syracuse the team compiled will be an asset to the Law School by staying on as a member of the the second highest oral score and faculty. garnered the second highest point I still haven't received an open letter to the Alumni from judge total for their briefs. The team Johnson, but I did receive a short note from him containing some good lost only one round during the news and some bad news. The good news is that the Board of Directors competition to Harvard in a split of the Law Alumni Association has voted to donate $500 to assist in decision. The Jessup team finished defraying the costs of a reception to be held after commencement second overall to complete a exercises on June 8, 1975. The bad news comes in two parts. First, the board authorized an highly successful competition for the Board. The host team, expenditure of $300 to cover the expenses of obtaining jurors for the Syracuse captured first place by finals in the Trial Technique program. This is a waste of money. For virtue of having the best brief years, jurors were drawn from among undergraduates and freshmen score, best oralist,and highest oral law students. No expenses were paid and the students were often eager to participate. Now, with a large number of undergraduates in dose /.v ; «W ;/ v ; v;.V:Y.;>v<v.v v The second part of the bad news is that the Board decided not to fund the Opinion journal. This appropriation has been hanging in the fire for a number of months and because of the delay, work on the journal of articles submitted by students has progressed to the point where publication is to occur in May. In order to make up the cost differential, non-paying alumni subscriptionvwill be eliminated from the mailing list of Opinion. To some extent, this amounts to Opinion cutting off its nose to spite its face, in that the alumni will be even more reluctant to fund something which they don't get to see, but as Ray Bowie and Dave Geringer tell me, youhave to scrimp someplace. Perhaps, the unnecessary Trial Technique jnoney could be put to a different purpose. There is still no word on a program of Continuing Legal Education, but I do hear rumors that the Placement and Career Development Office has aided the job* situation for graduating Law School students. The Student Bar Association has launched an investigation into the policies of the Editorial Board of Opinion. lJm a member of the board, but I have to work for a living so I'm not around often enough to know what's happening. As far as I can tell, they're wasting their time with an investigation that.is not only useless, but illegal as well. Keep thosecards and letters coming in, folks. See you in the fall I hope. - �M*V&.l*Ti OPINION Letters to the Editor Int'l. Law - 7 "Uncontrolled Ranting" continued from page 5 - and even to encourage the making of them. Only in this way can we continue at our present standard of living while at the same time enabling the rest of the world to attain that level as well, Brewster concluded. live with them happily, continued from page 2 discriminatory." Particularly galling are the accusations that SBA members who supported the trip were untruthful or deceptive. Your editorial fails miserably to support these charges. "a boondoggle," "incredible," a "wasting of student funds," "foolish," "arrogant flaunting," an attempt "to dissemble," and "cavalierly repressive and As I think over my own budgetary priorities for the SBA, it strikes me that paying to print this kind of uncontrolled ranting is a very low one. Thirdworld strategies John Stuart The "new rich" countries are an important element in any discussion of world economic strategy, concluded the seminar entitled "Third World Strategies for the Development of Economic Power." Carol Plumb, of Equitable Life Assurance was the moderator, accompanied by four panelists. Michael Gordon of the University of continued from page 2 Florida College of Law, Charles Okolie of Lewis University College of Law, Peter Talderman of the International Finance Corporation, and 2. recrea tional (§ 302.14 pretence. It posted huge signs collection agency is suddenly a (c){3)(ii)), for it is a fine and I■ asking people to reserve seats for self-righteous, self-supporting, Mr. Jose Valdez from the State Department served on the panel. Mr. Gordon stressed that the -most effective strategy of a third healthy thing to walk about in the! the "educational trip to Albany",', constitutionally-protected world nation would depend upon commodity sales, as in the case of brisk Albany clime, inhaling the i ('educational underlined twice);; American citizen. How so? How is raw materials instead of agricultural products. Professor Okolieadded clear fragrant breezes which, its leaders spoke of how lawi it their right, other than for the that third world nations must avoid market destruciton and price cleansed by Lake Champlain far ■i students would specificaffy fact that the guidelines spell out to the north, waft gently down inc benefit from the intellectual just what they can do with the fixing of indigenous trade goodsby foreign business monopolies. I According to Mr. Talderman, the focus is shifting wasy from a southerly flow; experience {those undergrade, oni fees? How is it theirmoney, other 3.. social (id.) traditional notions of capital sources, as for example England and no telling ; the other hand, being too dumbi than for the fact that the Trustees Switzerland, and moving toward the OPC countries. It is yet to be what friendships will forni, to catch the subtler points off saw fit to let them in on the act? settled what OPC countries intend to do with their newly obtained blossom, and be sealed during the picketing). If it was hard to keep al No, these aren't the crimes of a monies, whether they will continue to support the World Bank or turn long and wearying busride to and straight face listening to thisi victim of injustice; they're the drivel, it was just as hard to keep ai shrieks of a disgruntled elsewhere. As a consideration it was noted that OPC countries have fro the state's capitol; 4. tutorial (§302.14 straight face delivering it, because l bureaucracy, a collective monster vast amounts of money, but that their individual development is still (c)(3)(iii)), for God knows these it all came out sounding like that which no sooner gets jnto office relatively low. Mr. Valdez concluded the panelists' presentations by offering bourgeois dullards are in need of "educational ha-ha elbow in the! than it stops pleading "support some consciousness-raising; ribs i kid you not trip toi me, won'tcha won'tcha?" and three questions for third world economic strategy analysts: 1) how 5. athletic (§302.14(c){3)(iv)) wisdom-dripping Albany." How starts yelling "gimme gimme .homogeneous is the third world?, 2) will the newly-emerged third ■ world political strength (i.e., as evidenced in the UN) also mean (see recreational, supra) what's many credits do we get for going? gimme!", which has no conception of human action other successful development strategy or will it be counterproductive?, and good for the mind is good for the Guidelines and educationaside, than thinking that if it isn't 3) what plans are there for third world development programs by the body. spend education is but one how did SBA decide No, to aspect wealthier third world nations for their not-so-wealthy brothers and for I funded it won't happen, which of this multi-hued endeavor. money for an Attica i creates walking cogs for whom a their own ground root development? Discussion in the seminar entitled "Covert Intervention and Viewed in its total context, with demonstration? Was there ai vast panorama of soft secure International Law" centered upon U.S. involvement abroad. Speaking full interplayallowed to the many referendum even more short-livedI career niches will be ready and in general terms, chairperson A.A. Fatouros of Indiana University penumbras and umbrellas intrinsic and invisible than the much i waiting upon graduation. Yes sir, School of Law described "covert intervention" as a deliberate act on to the trek, the activity is so whispered-about Calendar■ right here in our very own SBA the part of a country through the actions of secret agents to provide conceptually bright aTW variegated Referendum? Did SBA Treasurer■ office are the post office clerks, material support, either in military wares or technical advice, for the as to bedazzle the judicial mind Kathy Novak reach out to the civil service leeches, legislators and immediate goal of providing and supporting power in the handsof one in to noth ing less than n an collective pulse of the law school, public executives of tomorrow; a faction, or else removing power. Secrecyjs essenfal.to the qojlity.of awe-struck ''uh-hun. ,* ,'; !» iV' 1ityhich 'I suppose hoyers'thirteeni big hand; ladies and gentlemen ... (•' I /Rhetoricaside' the educational feet above the library rotunda, covert intervention. IDlOfl (•'-. .;' '.'■ Lj.argument deserveslittle more than and measure its beat on, this issue? Now the bureaucracy is. angry. Richard Falk of the Center for International Studies, Princeton University, panelist, expanding upon Mr. Fatouros' description of. contempt. The guidelines set out Did SBA President Rosemary It finds that not only does the an exhaustive list body not unswervingly of activities Gerasia Roberts stick her head student "covert intervention," specified that in the case of the U.S., all countries outside the Communist block had some type of covert which may be funded by into one of the huge snack bar love it, but that some of those intervention within their borders, programmed according to the U.S. mandatory fees; the category of garbage bins, stir the contents ; untoward sentiments have the alignment of political sympathies. Pointing to theactivities of the CIA, political activities is conspicuously with a constructive wand, and audacity to find their way into Mr. Falk queried as to the apparent dichotomy in U.S. behavior, when absent. It is not my contention magically read our hearts from the print. SBA-funded print, for that all activities which involve juxtaposition of orange rinds and 1 matter! Rather than keep a stiff on the one hand the declared U.S. foreign policy advocates one style that of behavior and ideals, yet on the other, thorugh its covert politics are therefore chicken wing bones? Did 2nd Vicei upper lip and pretend it never intervention, is in actuality supporting a contrary polity. As. a result, impermissible; I claim only that President j. Glenn Davis receive at read these nasty nasty scribblings, (blazing clenched rather than rest content with a he said, foreign opinion sees the U.S. as a hypocrite and responds only activities which are essentially beatific vision vaguely to U.S. objections against covert action on the part of other political, and whose educational fist with fleur-de-lis on blue) while printed response, SBA throws a aspects are in comparison either passing under the Youngmann? fit. A budgetary fit. The Opinion's nations. nil or non-existent, are prohibited. How did they decide? ("Well, you allocation has been held up for Focusing on the impact of foreign policy in domestic matters, Mr. Lobbying, as well as campaign see we took this vote, you know, re-consideration, much like Gerry Falk suggested that the U.S. should adopt a foreign policy thatcould contributions, fall into this and it was 13 for, 6 against, and Ford announcing that American be told to its people. The reason for covert intervention in U.S. foreign uh ... uh ... we had a mandate, I policy towards Israel is up for policy, he said, is because it is impossible to trust people with the truth category. SBA, perhaps taking at guess..."). re-assessment. Mazel-tov! when the truth is so different from normative U.S. values. In heart the ballooning history of Now SBA speaks of taking all the commerce clause and various And mazel-tov for the rest of conclusion, he felt, it is ridiculous to believe that covert intervention enabling provisions, wishes to steps necessary to defend its right us as well. While the Albany trip outside of the U.S. will not carry over and be practiced within/the U.S. inflate the term 'educational to to spend its own monies. may arguably have taught us a the point where its rubbery limits Remember that these are folks little, last week's SBA episode Aliens in U.S. vanish from sight; in- short, it who just a few weeks ago went undoubtedly taught us a lot. In Active discussion arose in a well-attended seminar concerning the. w i shes to make the term around pleading for candidate fact, I'd say last week literally "Alien in the United States." Panel members were Jack Wassermanand meaningless. Now, it would be petition signatures and election oozed educational tidbits for Charles Gordon, lawyers in Washington, D.C., Sam Bernsen, General one thing if SBA could have been votes; just plain aid folks students to lap up hungrily. And Counsel, U.S. Immigration and Naturalization Services, and Maurice honest about this tactic, but scrambling for the privilege of it didn't cost cent. It Roberts, formerly chairman of the Bbard of Immigration Appeals, honesty appears to be one of the serving their beloved student those clowns ina room 504was, as are so Department of Justice. few things for which SBA has no body. Now they're suddenly 1fond of saying, a "learning Bernsen briefly described an overview of the immigration system. room in its budgetary heart. monied patrons whose rights are experience." There are two procedures for immigration, one for the Eastern Rather, SBA chose to embrace the being infringed. A two bit tax , SamKazman Hemisphere, and one for the Western Hemisphere. In both cases, immediate relatives to U.S. citizens, are allowed preferences. The two differ, however, in regards to numerical ceilings and exceptions of immigrants. Mr. Gordon emphasized in his talk the problems stemming from illegal aliens, the greatest being that concerned with Mexican Environmental Notes aliens. He usggested as a solution to the illegal alien problem better enforcement of laws which would discourage employers from hiring continued from page 6 now receives massive government subsidies. illegal aliens, as in therecently enacted Rodino Act. The deportation procedure was the theme of Mr. Wasserman's Without these subsidies, would nuclear 4t Alumni Subscriptions # presentation. There are over 700 grounds for deportation under the power be cost-competitive? Even proponents of nuclear power state Immigration Act, and there is no statute of limitations, therefore violations of the immigration law can apply retroactively. Aliens can that it is needed only for about the next iij Alumni who wish to continue receiving || seek discretionary relief to ward off deportation, and review of thirty years, because other energy sources Opinion in the 1975-76 school year are urged B (i.e., solar or fusion) will thenbe available. deportation orders is available. to obtain subscriptions. $2 annually; 13 11 Addressing the subject of constitutional law as applied to aliens, Yet some forms of solar-home heating and Mr. Roberts opened his remarks by stating that the aliens in the U.S. ( cooling are available now, as are other ! Issues. Available at this address. have more rights thanaliens in other countries. He said that aliensare alternative energy forms. Furthermore, if recognized as "persons" under the 14thAmendment, and are thereby i we as a nation made a concerted effort to entitled to full rights as U.S. citizens,and through a series of cases in ' conserve energy, we could save as much continued page S energy as nuclearpower would provide. \ , Educational Opportunity? - , , : — , ' - , , ' s r : . ■ , , , : : , . , . < i - §| , ; - H �Int'l. Law — Playoffs Out With continued from page 7 the Supreme Court, rights of aliens have been recognized to include due process rights, right to work. The current trend is toward allowing aliens to receive welfare and public benefits. Refugees on parole In the question and answer session following the panel discussion, an explanation of the Vietnam and Cambodian refugee situation was offered. It was explained that the Asian refugees will be admitted on a "parole" basis pending completion of necessary papersand procedures. The "parole" status has been previously used in the Hungarian refugee situation. Under special legislation, a right to workhas been extended lo persons with a parole status who would otherwise not qualify to work under existing law. New directions in trade "Commodities" was the key word in the panel entitled "New Directions in International Trade Policy." Chairing the panel was Stanley D. Metzger, Georgetown University Law Center. Panel speakers were John Leddy, former Assistant Secretary of State for European Affairs, Lawrence Krause of the Brookings Institution, John Rehr, formerly General Counsel for the Office of the Special Representative for Trade Negotiations, Richard Gardner of Columbia University Law School, and David Steinberg, U.S. Council for an Open World Economy. Beginning the panel discussion, Mr. Leddy recommended the formation of a new international trade council in order to achieve greater freedom of trade. Mr. Krause, looking into the actual trading that takes place, suggested emphasizing commodity trading as being the most vital issue. From the U.S. interest in trade, Mr. Rehr suggested that the 1974 Trade Act was indicative of a U.S. protectionist attitude, that it is more in favor of a restrictive trade behaviorand is estentially against national foreignpolicy. Robin Skinner of this law school, was elected secretary of the Association of Student International Law Societies at its annual business meeting held during the conference. Other officers elected were Logan Robinson, President, Harvard School of Law; Bill Raymond, Vice-President, University of Virginia School of Law; and Jim Lewellyn, Treasurer, University of South CarolinaSchool ofLaw. In addition to the ASIL program, the student section presented a selection of films and workshops. A multimedia program of filmsand videotapes was featured throughout the duration of the ASIL conference and included presentations on human and women's rights, the law of war and Vietnam, the multinational corporation, and the environment. Questions of organizing and strengthening school participation in ASILS, and hosting and planning regional Jessup International Law Moot Court competitions were discussed in the workshop entitled "Running a Student Society." In the workshop called "International Legal Careers," representatives from various areas of international law spoke on employment suggestions and information. Jessup Competition The 1975 Jessup Competition was the major thrust of the ASILS participation in the ASIL Conference. It was the culmination of an international competition that began last September with the distribution of the competition problem to schools in the U.S. and twenty other nationa. Attending the semi-finals of the competition were nine U.S. regional winners and ten foreign teams, while a team fromCuba participated for the first time as observers. In the final round of the competition, Judge Arthur Goldberg, former Justice of the U.S. Supreme Court, Karol Wolfe, professor at the University of Wroclaw (Poland), and Robert E. Stein, Director of the North American Office of the International Institute for Environment and Development, heard Georgetown University and Cambridge (England)- argue the competition problem. In a close contest, Cambridge was declaredthe winning team. End of the Bar May 8.1975 OPINION 8 _ their postseason tournament hopes ended, the baseball Bulls were intent upon finishing their season with a Sudden death by Dave Geringer to build next year's squad around. Improvement must be nucleus Several months ago, the Athletic Department lost a golden, shown if the Bulls are to go opportunity to improve the overall athletic program by dropping a request for an indoor ice rink when the state cut back funds for the new campus. As a result, the hockey program at Buffalo remains in suspended animation, while students are deprived of a valuable addition to what is supposed to be a first-rate athletic facility when would have been able to reach the and if it is finally completed. District II tournament this season. While the Amherst Campus slowly takes shape, rinks have sprung Now, Districts I and II have been up lite blades of grass at other units of the State University system. combined into Region I as the Oswego, Buffalo's archrival, has had a campus rink for several years. NCAA has switched the This year, Brockport, a team that the Bulls have soundly thrashed in tournament groupings from eight every meeting, joined the fold. • districts to a like number of Several state schools were able to obtain rinks even though they regions. The net effect is to did not possess varsity hockey squad. Both Cortlandand Pittsburgh a increase the number of southern iced teams for the first time this season, after rinks.were built on their and western representatives to the .campus. Additionally, Geneseo is expected to begin a hockey program College World Series. in October. While other schools prosper, Buffalo withers. The Bulls just In each of the last two years, two independent squads have finished their third-year in Cheektowaga's Holiday Twin Rinks, a been chosen to complete the field relatively new facility that is several miles removed from either in the District II playoffs, leading campus. Buffalo moved to Holiday three yearsago, buoyed by the fact to Buffalo's inclusion two years that they had attracted standing room only crowds on several ago. The Bulls joined Seton Hall, occasions at their old location, the Amherst Recreation Center. Temple and Perm State in 1973, Twin Rinks, which seats 2812, was supposed to be filled with with St. Joseph's taking Temple's nearly 3000 fans at every Bull home game. For the first time ever, place and St. John's replacing Buffalo contests would start at a reasonable time (7:30 p.m.) in a Buffalo last season. heated enclosure (The.Rec Center was often as cold as the parking lot Both Temple and St. Joseph's outside): Buffalo looked forward to many promising years in represented the East Coast Cheektowaga. Conference {formerly the Atlantic However, the Bulls' fortunes were to plummet like the stock Coast Conference), the only conference which had an market during the depression. The Bulls no longerplayed before 1000 automatic bid to the District I mad fans in a cold rink at 10:15 p.m.; giving them a home ice playoffs. Now, both the East advantage few of their opponents could match. Instead, their games Coast Conference and the Eastern were played before 1500-2000 passive fans in Cheektowaga, patiently Intercollegiate League (Ivy League waiting for the game to end so they could get their free plus Army and Navy) possess one-and-one-half hours of skating. As a result of the free skating, the automatic bids. Harvard, which Bulls were one of the few teams to have some of their fansarrive at the won the Eastern Intercollegiate end of the games.. As the Bulls' on-ice fortunes slipped, the fans vanished. Several title in each of the past several seasons, has gone to the District I games at Holiday Twin Rinks this past season drew crowds at or below playoffs in the past, leaving the attendance tn the "old days" at Amherst Rec. another spot open in District II wished to attend games and weren't on one of the few buses sent by for an independent squad. The the Student Association or Inter-Residence Council could only drive Crimson will now take up another their cars to get there, and the soaring price of gasoline undoubtedly slot in the new Region I. convinced more than a few potential fans to remain closer to home. In addition, the winner of the Next year, Buffalo is slated to shift their home contests to the Metropolitan Conference (New Tonawanda Sports Center in North Tonawahda, at least twenty usually been York City area) has minutes from the Amherst Campus and a half hour's journey from invited to the tournament. The Main Street. The crowds will certainly continue to dwindle, continuing selection of squads from the East the vicious cycle which will see the hockey Bulls' stock plummet even Coast Conference, Eastern further. Intercollegiate League and the Of course, a campus rink would benefit students in many other Met Conference would leave only ways. The ice skating course currently taught by hockey coach Ed one position open for several Wright, which has a limited enrollment due to the fact thatit is alloted powerful District II independents one-half the ice surface at the Amherst Rec Center in its only section, (Buffalo, Perm State, St. John's, could be expanded so that many other students could benefit from it. Pittsburgh, West Virginia, plus all Student free skating, currently limited to an hour or two after selected the District I non-conference home games, could take place at various times during the day when the teams. As a result, the Bulls must rink is not in use. The need to rent outside facilities for hockey and have both an exceptional squad skating would be obviated, saving a large expenditure each year. and a spring of good weather to Unfortunately, the many benefits of building a campus ice rink will rate any chance for the playoffs in most likely be ignored for years to come, perpetuating a policy that succeeding seasons. can only be termed as stupid. anywhere. The revising of the NCAA's playoff format raises a question as to whether a good Bull team '' continued from page 3 writing about a case of impleader. You use D 2 to represent the third party defendant, thus tricking the reader into looking for footnote "2". There isn't any, of course, but by the time he has decided that, he has lost his place and has to start over again. The other side of theasterisk ploy is to use a subscript as a key to a real footnote. The good-professor reads "D}" and tries to figure out where the impleader action came from, until he reads to trie bottom of thepage, finds footnote "2" and says "oh." But by far the most successful deviceis to leave out several paragraphs of analysis and for them substitute the word "hence," followed by a colon. This is guaranteed to stop even the sharpest professor cold, for he will have no ideahow you got hither from hence. In the case of a truly obdurate professor, you might substitute the word "obviously" for "hence," since your reader will not be likely to showhis slowness of reason by admitting that he can't see something "obvious." "Intuitively obvious to even the most casual observer," while it has a nice ring to it, is generally thought to be gauche. Postscript: For the seniors who are graduating. Every mornin' about this time she gets me out of my bed a-cryin' "Get a job." And after breakfast every day she throws the want ads right my wayand never fails to say, "Get a job." And when I get the paper, I- read it through and through; and my girl . never fails to see if there is any work for me. Then I go back to the house, I hear the woman's mouth preachin' and a-cryin', fells me that I'm lyin' about a job that I never could find. (Sha na na na Sha na na na na ba-doom * J* Copyright © 1958, the Silhouettes,Emberrecords. Opinion ' . and UNIVERSITY PRESS Wish the Student Body Good Luck on Exams, Success in Employment, And a Happy Summer! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-05-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/8/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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The appointment of Prof. Schwartz, who is nationally noted as a champion of prisoners' rights causes, to the chairmanship of the Commission followed the Governor's signature of a bill, adopted by the 1975 legislature, which abolished the former part-time Corrections Commission and replaced it with a full-time, three-member body. The State Corrections Commission is responsible for inspecting conditions at State prisons, county and city jails, and town and village lockups. The over the proper methods of writing instruction. Before the faculty last June was the Academic Policy and Program Committee's proposal for Moot Court students being given responsibility for writing instruction under faculty controversy former, seven-member Commission had been frequently criticized, most recently before the Select Senate Committee on Crime and Correction last year, for its failure to fulfill its inspection responsibilities. In creating the new Commission, the legislature expects that its full-time membership will facilitate better performance of such duties. Prof. Schwartz, who will reportedly be receiving a salary in the $48,600 range as chairman, has been heavily involved with cases arising from the Attica Prison rebellion, representing "Attica Brothers" without compensation/and with challenges to prison procedures generally. He served as a member of the observer team which unsuccessfully attempted to supervision, a proposal already once approved, in principle by the faculty last March. An alternative proposal, utilizing upperclass students selected individually by the faculty rather than drawn negotiate a settlement of the Attica rebellion in 1971. At the Law School, Schwartz has taught a variety of criminal law offerings and will continue, at least for the fall, teaching Criminal Procedure I as a part-time instructor. Moot Court Board Announces 1975 Desmond Competition Currently in the midst of preparing the problem for the 1975 Desmond Competition, the Moot Court Board has announced the schedule for this year's Competition, in which first and second-year students are invited a nnual Moot Court Competition, named in honor of retired Chief Judge Charles S. Desmond of the State Court of Appeals, involves the distribution of a hypothetical appellate case each year, which Competition teams of two students apiece then brief for a chosen side and orally argue before panels consisting of faculty, practitioners, and local judges. Awards are given for best brief, best oralist, runner-up, and first-place, and the selection of Moot .Court Board members is made from"" participants. Due to the earlier exam period this year, distributed the Desmond problem will be by the Board on Wednesday, October 1,- in a presentation to be advertised shortly. Allowing a month for research and writing, briefs will be__ due on Friday, October 31. The following week, on November 5 and 6, practice rounds will be held The Desmond Competition in which Moot Court Board problem this year is being members critique oral argument developed by Board members Ray styles preparatory to the actual Bowie, Tom Lochner, and Dave oral arguments, during the week Ferster. of November 11 through 15. The Moot Court Board is also Competition will conclude on the considering the institution of a latter date with the final round, special legal research tutorial presentation of awards, and a program for first-year Desmond reception for judges and participants, designed to explain participants. continued on page 6 September 18,1975 from Moot Court Board, was also submitted in June by by Profs. Robert Gordon and Janet Lindgren. Discussion at the June meeting, attended by a "rump session" of the faculty under special summer quorum rules, centered about the propriety of students teaching legal writing, the competence of Moot Court Board, the propriety of faculty teaching legal writing, and the competence After several unsuccessful attempts to secure a full-time placement director, the Law School this September announced the appointment of Jay C. Carlisle to the staff as AssistantDean for Placement. Mr. Carlisle, who will devote his full time to placement starting October 1, was selected from a list of 90 applicants for the position, received after an extensive advertising campaign across the country. The search committee which screened the applications and selected Mr. Carlisle was chaired by Dean Schwartz and composed of City Court Judge Sam Green, former Erie County Bar Pres. Robert Koren, Prof. Albert Mugel, and students Sally Fox, Warren Gleicher, and Eric Zaetsch. Until October 1, Mr. Carlisle will shuttle between Buffalo and New York City, where he is currentlyclosing his law practice. After thatdate, he has pledged full-time efforts to "aggressively develop of the faculty. Little consensus appeared evident on any of these central questions, and several faculty expressed a desire to'?e-examine the philosophy of and need for writing instruction in law school. In a series of votes, the faculty defeated the proposal APPC had derived in negotiations with Moot Court Board and the alternative Gordon-Lindgren proposal. With a student-staffed writing program rejected, the faculty thendefeated a motion to continue the small-group elective program for writing i nstruction, a faculty-staffed option used the last two years. The June meeting consequently adjourned leavingall writing instruction discontinued this year. continued on page 4 — Used Book Mart Proves Successful Completing its first regular Spouses Association. Once operations, the summer operations insured the PAD/Law Spouses Used Book feasability of the systems used to semester's Mart has proven successful in its objectives, according to its sponsors. First operated on a trial basis over the summer session, the Used Book Mart originated as a suggestion from Phi Alpha Delta Law Fraternity to the Law handle the transaction, the two organizations approved its operation during the regular sessions when volume was predictably higher. The Used Book Mart operates on a consignment basis, whereby sellers of texts and other materials set their own selling prices and establish Book Mart as their agent for purposes of making the sale. According to Book Mart Manager Ray Bowie, the job markets, not only in the Buffalo area, but advantages of the Book Mart are throughout New York State, in Washington D.C., that "it allows the seller to set his or her own prices, centralizes Texas, and any area students have an interest in." His immediate plans entail seeking "maximum private buyer-seller transactions in exposure for the school, publicizing the high quality one place for convenience, insures of the faculty and students." To this end, he plans to the buyer of purchasing the right enlist alumni assistance in the publicity campaign, books, and provides both with through meetings being arranged with alumni in New better terms than are available at York City and Washington. Carlisle also hopes to the University Bookstore." Patronage of the Book Mart advertise the school in the New York State Bar met expectations for the fall Journal and New York City Law Journal. Acknowledging wide student interest in the New semester, with upper-class books YorkCity and Washington areas, Mr. Carlisle believes selling rapidly and a constant that he can utilize some of his own associations as a supply of most first-year books on practitioner to open those markets. Even if firms in hand throughout. Current plans these areas are precluded from interviewing in are to operate the Book Mart Buffalo, he will try to convince them to set aside again for the spring semester time for Buffalo students to interview locally, he contingent upon space again being said. available. The Used Book Mart continued onpage 6 •„ continuedon page 6 — Carlisle Appointed to Placement Office Post by Ray Bowie 14260 Faculty Terminates Writing Program Prof. Herman Schwartz was selected this August by Gov. Hugh Carey to head the newly-revamped The Buffalo, New York State University of New York at Buffalo School of Law Prof. Schwartz Chosen to Head New Corrections Commission to participate. Opinion John Lord O'Brian Hall SUNY/B, North Campus XMU. - — �September 18,1975 OPINION 2 Editorials Letter ' Perennial Bitches' Each year Opinion has invariably found itself compelled to editorialize on a selection of subjects related to this institution, so invariably compelled, in fact, that such "perennial bitches" veritablypromise to become institutions in themselves. Since these subjects have undoubtedly attained metaphysical status for returning veterans of .'Brian, and since even newspaper editors tire of denouncing the immutable, "perennial bitches" is this year presented in encapsulated form, largely so that first-year students will more easily know where others have gone before them, tiltingat institutional windmills. Added to Ellicott Complex and Governors dorm residents in their invasion of the law library this year are hordes of Education, Library Science, Philosophy, Engineering, and Visigothic Studies students, pillaging and looting their way to study carrels and conference rooms, all beneath the benevolent gaze of the law library staff. In Ellicott Complex, they're stealing library books and even shelves, but the problem has not occurred here: here they've already got the whole library. While on the subject of the law library, there is a debate reportedly raging as to which is rarer therein, photo-copying facilities or available reference librarians. Library hours are becoming almost as rare, however, and are being cut back at such a rate as to promise stiffer competition for that rather dubious honor. Expanding the scope of the contest to include the placement office, rarity par excellence is to be found in the number of employers interviewing this fall, down 50% from the number available last year at the same time.Too bad the same cannot be said about the size of this year's graduating class compared to last year's, but actually it's 50% larger. Gosh darn. Trouble finding reasonable rental properties in Amherst? One alternative is to locate closer to the Main Campus, where rents are better, and commute out here to the tundra each day, packed like a sardine stuffed in a Blue Bird or struggling down Millersport's obstacle course in your own vehicle, only to have to park it somewhere in North Getzville. Our law school is interdisciplinary in orientation, which means half the faculty think they're sociologists, 25% of them are, our building is umbilically linked to Education and Philosophy, and everyone is totally isolated from the courts, law offices, and public agencies that should be our sustenance. jThe statements jabout the faculty are exaggerated fof purposes of satire; the statement about our geographical isolation doesn't have to be. The Law School is, however, nationally distinguished at this writing as the only such institution without a legal research and writing program, since our upperclass students are too "incompetent" to staff one, even under faculty supervision, while our faculty last spring jumped on their horse arid rode off in twelve different directions at once. University Bookstore Manager Tom Moore-paid his second annual visit to the Law School this summer, in the * * . * * * * * Volume 16,No. 1 September 18,1975 A J J UpiniOll Editor in Chief: Ray Bowie Asst. Editor: Carl S. Heringer Photo Editor: Robin Skinner Alumni Editor: Earl Carrel Contributors: Jeff Chamberlain,Carl Heringer, Robin Skinner, Cathy Novack, Victor Rostow, TerryCentner OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB;'Anfherst Campus, Buffalo, New York 14260. The views expressed ,jn- this paper are not necessarily those of the Editorial Board or SUff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. (Editorial policy of OPINION is determined collectively by the Editorial tjp Board. OPINION is funded J»y SBA from Student Law Fees. to the Editor aftermath of his second annual attempt to introduce into the To the Editor: operation,of the Law Bookstore the same gross inefficiency, With .the advent of the poor public relations, and deficit-ridden management that law student is have made his Norton Union Bookstore so popular with semester, each opportunity an to faculty- and students everywhere. Happily, however, the afforded enhance his or her educational score now stands: Law School, 2; Tom Moore, 0. experience by "getting involved" Unlike many educatiqnal institutions where faculty in various activities. At* the least, hold little power in relation to administrators, the Law everyone can have some say in School faculty really do run this place, setting policies, matters directly affecting them. ignoring them, trampling them, and other such exercises of This -is possible through our academic freedom. Students have the academic freedom to hopefully representative register for courses which are later deleted, to search three or democracy known as the Student four bulletin boards for camouflaged assignment cards, to Bar Association. complete all assignments on time, and then to wait forever Among the constitutionally for faculty to report grades. mandated goals of the S.B.A. are Speaking of faculty, the Law (School is gifted with the encouragement of student some excellent teachers, but as of last spring, one could have activities and the protection of fairly said to those: "Look to your left, look to your right student interests. S.B.A. Const, by the beginning of the fall semester, one of you won't art. II; art. VI, Sect. 2, cl. g. As an particular be here any more." By the' beginning of next fall, maybe S.B.A. Director, my involvement lies in prodding the neither will the others. organization into utilizing its * There is a notable array of student activities at the considerable funds in ways that Law School, ranging from the sublime to the ridiculous, will fulfill these objectives. which is fine except that a few of the more ridiculous spend It seems to me that this tasK a good deal of their energy trying to harass, infiltrate," discredit, or suppress any others alien to their ideological cannot be performed unless the * * ... cosmos. * Our Student Bar Association, i.e., student government, can also range from the sublime to the ridiculous, which it has whenever it becomes the captive of the above, or of people just anxious to improve, the appearance of their resumes. Other students will undoubtedly be more inclined toward "prestige" activities, such as Law Review, Moot Court, or Legislation Project, in the belief that such involvements are sure indicia of good grades, analytical skill, * writing quality, articulateness, faculty trust, managerial capacity, and ultimately employability. They aren't. In fact, nothing is, especially not the grading system here, which is so esoteric in its categories, and in the symbols with which it represents them, that the only major modification suggested in the system over the last two years was the addition of yet another symbol to reduce it to total absurdity. Even the faculty pulled back at that prospect, * voice of the students at large is heard. Last year, for example, we sent busloads of students to Albany in order to support an amnesty bill for Attica inmates. The issue was hotly debated among the political factionsof the S.B.A. Unfortunately, thisprocess included only the views of the' Directors and a few pressure. groups. However laudable the intent of the Board of Directors, true student representation suffered as a result. This is not to say that the Directors do not have the best interests of their fellow students at heart. Rather, it is a comment upon the lack of communication of views by those who should be represented. " mirabile dictu. There are a few other "perennial bitches," purposefully Other issues are sure to arise left unmentioned so that first-year students can experience ; before the S.B.A. this year. They the joy and challenge of formulating them anew this year. will be properly resolved only if not silent. Indeed, given that they are reportedly the best and the the student body is students to brightest ever admitted to the institution, perhaps their Therefore, I invite all submit ideas about what their, ingenuity will be up to the task of originating bitches which thjs school to should be done in will become perennial in years to come. The institution the Board of Directors. Simply certainly provides sufficient inspiration. * * ■* * *■ leave yourmessage in the mailbox of any (or all) Directors, which In all sobriety, however, Opinion welcomes all new may be found in Room 113. Respectfully submitted, students to the Law School, which really isn't quite so bad, and wishes you the best in your law studies. Bob Waters Law School to Host Abortion Symposium by Karen A. Gorbach professions to exchange perspectives from a broad range of expertise relevant to the iss.es of the legality and morality of On Friday and Saturday, September 19 and 20, the Moot abortion since Roe. community agency directors, and practitioners in the fields of law, medicine, and ethics. Dean and Provost, Richard D. Schwartz, will v. Wade. Such welcome the panelists, and Courtroom will be the site of the an interdisciplinary approach Professor Jacob D. Hyman will act Conversation' in the Disciplines offers topics of interest to faculty as moderator of the. presentations Program "Abortion: Legality and and students from area and subsequent discussion Morality." The Symposium's universities and colleges, as well as periods. Admission for the major objective is to provide a the community at large. conference is free of charge, balanced forum for faculty The ethics, and in law, distinguished panelists unless reserved seating and dinner health related include University professors, arrangements are desired. �September 18, 197S OPINION 3 ENDBTOHF AR The Brooklyn Side by Carl S. Heringer by Jeff Chamberlain . How I spent my summer vacation. Cheechand Chong said it best. The first day of my summervacation I got up. I went downtown to look for a job. Then I went home. The second day of my summer vacation. I got up. And went downtown. To look for a job. Then I went home. The third week of my summer vacation You get the idea. The road to my first million took another detour. Wait until next year. Mini-lake is missing! Fresh turfand waving fieldshave replaced little Lake Amherst, once situated between Lot 7 and O'Brian Hall. No more ice water in our shoes as we walk to OB Hall. No more ice slick to climb when we cross back to the lot. (No more spots left/n thelot. We've got to wait for the hitching post to be installed.) I'll miss the sight and sound of that gentle surf, pounding up against my ankles; the gentle sway pf,dead swamp weed frozen in perpetuity; the soft cry of student.voices as the thin ice would shatterbeneath their book laden bodies; the romantic glow of the stars, revealing thereflected pathway in the dark of night. Our freshmen, our children, will never believe the beauty of nature's splendor that once was Amherst. *** * * Hello. Welcome here. Welcome back. Welcome to my second year as a regular feature. Welcome to a view of the Outside World, where there is more than books, more than red elevators and wooden lockers. Last year we welcomed Ticketron, Buffalo's changing radio scene, the Kentucky Derby, and that wonderful wizard of odds, Myles the Magician. This year, welcome to more, to reviews, to topical subjects, novelty subjects, and to Myles the Magician. Welcome once again to the world outside our halls, and see it from the Brooklyn side. Extra Class Mtgs. The adopted calendar for the Fall semester lists Tuesday, September 2, as the first day of classes and Monday, December 8 as the last day of classes for the term. Please note: classes will be held on Columbus Day, October 13 and Veterans Day, November 11. To satisfy the Faculty parity rule of making up classes missed during the Thanksgiving holiday recess, all Thursday, Friday and Saturday classes will have one extra meeing scheduled. The extra meeting will be on Friday afternoons at 2:00 p.m. The extra meeting scnedule is as follows: Instructor Room Date of Meeting Course - 107' 108 109 106 Kochery Birzon 112 107 October 3 Albert Kane 109 112 Schlegel 108 Gordon Blumberg 106 Lindgren 209 112 Allen October 10 Lindgren 108 109 Laufer DelCotto 106 107 Joyce Spanogle 107 October 17 Gordon 108 DelCotto 209 Joyce 112 106 Reis 109 Bell Mugel 112 October 24 Partnership Zimmermann 109 Agency 106 Evidence Bell Lindgren 108 Torts S3 October 31 Commercial Trans. I Girth 106 Corporations Lybecker 107 Torts S1 112 Siemer CivilProc. IS2 Kane 109 Hollinger 209 November 7 Grat. Transfers Commercial Trans 1 Spanogle 108 Corporations Fleming 106 Atleson 107 Labor Law -.;... "..Criminal Law S3 Katz 112 November)'l4; Conflict ofLaw Kane 106 Criminal Proc. Schwartz 107 I -*'Mann 212 November 21 Seminar Blumberg 213 Seminar Seminar Swartz 7Q6 I September 26 Const. Law Const. Law II Evidence Labor Law Criminal Law S2 _S4 Administrative Law Civil .roc. IS2 CivilProc. IS3 Contracts S4 Family Law Remedies Criminal Law SI Torts S3 Torts S2 Federal Tax II Income Taxation Consumer Trans. Contracts S3 Corporate Tax Federal Tax I Land Transactions Torts S4 Future Interests Hyman Mann Davidson _ - SLF SLF Kaplan 20S Greiner 20S "You will brief your cases or surely you wilt fail." There are several organizations based on more-or-less AdolfHamburger, Fall, 1973 "ethnic" criteria: BALSA, Puerto Rican Law Students, and the like. There are also organizations which cater to There are, it seems to me, only two subjects which are specific interests, such as the International Law Club. appropriate for the initial appearance of this column. I There is not, so far as I am aware, any formal organization could begin with a column about "What I Did Last catering to the special interest of Jewish students whose Summer," in which wouldbe related adventures hitherto goals are to live in Greenwich, Connecticut and manage unbeknownst to the likes of mortal mankind, in which the slum property, or WASPS who wish to become tax columnist became a master of deduction by taking Tax A lawyers. These deplorable instances of "reverse in summer school, toured the Last Chance Winery, read discrimination" are apparently impossible to remedy. (By the current bestselling book Through SanBenadino with the way, "WASP" is redundant; did you ever know a Black Gun and Camera, and had some small successes in sporting Anglo-Saxon Protestant?) circles, winning the Commonweal award for excellence in A few words about the administration: "Provost" means the same as "Dean." We have one. paper doll cutting with a'grand total of two and one-half dolls. But that would be boring. The purpose and function He is a sociologist. He is quite well known in his field, and of this colunm is not be be boring. It is to be trite. it is said that he gives the school a good reputation. It is Therefore, this first column will be advice to freshpersons. rumored that there was a plaque near one of the rooms at "Freshpersons" is unwieldy. "First year students" is Eagle Street commemorating the spot where according to not only unwieldy, it is a sham; although there has been an local legend Dean Schwartz once actually spoke to a official pronouncement that the phrase would replace student. "freshmen" in the official vocabulary, little evidence that Mr. Wallin, the Registrar, has a unique status in the this policy has been implemented can be found. Hence, Law School. He is perhaps the only member of the bowing to popular sentiment, "freshpersons". And I administration proper to whome you may have the apologize. opportunity to speak directly. It probably, won't matter, Let me begin by being the nth to "welcome you to but you can at least take some satisfaction in the fact that the law school." And in the spirit of consistency, I trust you have spoken with an actual official. There is one other person "in" administration with that this welcome will be at least as fatuous as the others you are receiving. Fatuity seems to be an ascendant trait whom you should have at least a passing acquaintance, and around here, so you might as well get used to it. You are at that is the Assistant Provost. This office is held by a the Buffalo Law School, also known as the Faculty of Law member of the faculty, who shares this duty with a and Jurisprudence, State University of New York at reduced teaching load. Last year we got a new one: Buffalo. The Law School used to be located on Eagle Professor Fleming. In this capacity, "Coach" Fleming is Street in Downtown Buffalo (you can tell because it's somewhat of an unknown quantity. I think that if a dirtier). Two years ago we moved to the present facility, student can convince him of the validity of his position, accompanied by much brouhaha, including a belated then Mr. Fleming will strive effectively on the student's dedication ceremony which most students were not behalf. Those of us who "like" Mr. Fleming stress the pcrrnitted to attend. Malcolm Wilson (yes, the Malcolm latter clause of this proposition, while those of us who are Wilson) spoke. And a good time was had by all. You will not so easily convinced have emphasized the difficultiesof hear that O'Brian Hall is a great improvement over Eagle persuasion inherent in the formerclause. Virtually everything which must be cleared by the Street. Had the -Law School existed at Eagle Stree;t in the thirteenth century, it is apparently conceivable that Dante administration is a "waiver of faculty policy." There are would have added a level to his. Inferno. You should, pre-pn'nted forms upon which to make whatever requests therefore, appreciate this building, with its windows that you desire. These are clalled "requests for waiver of don't open and its lack of air conditioning, itselevato.s faculty policy forms.." You can save yourself a bunch of that ride four comfortably, and its outsidewalls that don't time by utilizing these forms at the outset, without work (you can fly a kite in some of the classrooms on bothering to discuss your proposals first. Finally, I would like to repeat the traditionalwelcome breezy days). There exist within the school several student in the Buffalo Law School. Look to your right. Look to your left. They couldn't get into Harvard either. But if you organizations. The most visible is the Student Bar work dilligently, and brief your cases, in three short years Association. The SBA serves no known function. The student newspaper is called Opinion. You are you too can look forward to a highly satisfying career as a cab driver, insurance adjustor, or real estate broker.And oh reading a copy. Opinion serves no known function. The Law Spouses is an organization of the spouses of yes, since somebody has to say it: law school is somewhat law students, which is to say the wives of male law different from college. students. It used to be called the "Law Wives." (Reprinted from October 2, 1974 issue ofOPINION) - Adirondack Park Threatened adversely affect these wilderness areas. Approximately 90% of the non-state lands of the Park were unregulated Once again the lands which constitute the largest by any type of local land use restrictions and a majority of wilderness east of the Mississippi, New York's "forever the local governments lacked the expertise and finances to wild1 lands of the Adirondack Park, are threatened. provide any type of meaningful land use control. Several developers and property owners have instituted Therefore, the state created a Temporary State inverse condemnation claims demanding compensation for Commission on the Future of the Adirondacks, and upon the property value taken by the enactment of the the recommendation of this commission, the legislature Adirondack Park Agency Act. An unfavorable ruling for established the Adirondack Park Agency (PA) in 1971,an the state would result in the demise of the Adirondack independent, non-partisarf agency within the state Park land use plans which presently provides the needed Executive Department. The agency was initially empowered to prepare plans for the management of the protections for these lands. Adirondack state lands and another plan which would New York State has recognized that the different regulate development on the non-state owned lands within by T.J. Centner ' pressures on certain areas of the state are often best met by special regional legislation. Therefore, when the forests and water resources of Northern New York were threatened in the late 19th century, the legislature responded with the adoptation of legislation creating the Adirondack Park. The real protection of these state lands in the Adirondacks came with the adoption of Article- XIV of the State Constitution which requires all state lands, with limited exceptions, within the Adirondack Park to be part of the forest preserve and remain "forever wild." In many instances the State's forest preserve lands are intermingled with privately owned lands. Thus, there is a unique close physical relationship between the constitutionally protected "forever wild" lands and lands which can be used for a wide range of residential, commercial, industrial, recreational and open space uses. In the late 19605, it was recognized that certain developments and uses of these private lands could the Park. In 1973 the New York Legislature passed the Adirondack Park Agency Act providing controls over the entire Adirondack Park, thereby creating the largest jurisdiction in the country under comprehensive state land-use controls. This agency was given the requisite powers to provide for the implementation of the APA Act. The present inverse condemnation challenges before the Court of Claims, to the effect that the Act constitutes a compensable taking, directly affect the validity of the Act. If compensation is awarded to claimants, then it is likely that the state would back off from the provisions, thereby allowing for a further deterioration of the environmental quality of the Park. Because, of _the local as well as national and international impdrt&hee of the unique resources of the Adirondack Park, it fijVgped that the Court of Claims will find that these claims are either improperly before the court or without merit. �September 18,1975 OPINION 4 Faculty Terminate Writing Program — continued from page 7 This fall, the library will be an audio-visual instruction program in legal research resources for first-year students, whileMoot Court Board is considering conducting its own tutorial program for Desmond The administration, known to be disconcerted over termination of legal writing instruction, has encouraged the APPC to di. .se a new proposal for a student-staffed writing program to be presented to the full faculty later this fall. Any new program would substitute for the small-group electives in the spring 1976 Competition participants. semester. operating Law School States Non Discrimination - Faculty Disinterest Plagues Judicial Clerkship Program The Law School's judicial clerkship program, approved applicants themselves suggest any"faculty entering its second year of operation, has member who knows your work and who might be experienced difficulty in securing enough faculty interested and able to serve as supervisor." The clerkship Committee sought this year to sponsors for all students approved for participation avoid the prospect of students seeking their own in the program this fall. faculty sponsors by allowing faculty the initiative to a letter circulated over the summer a In to number of approved students, Profs. Janet Lindgren choose applicants they might desire to supervise. and Patricia Hollander, constituting the Ad Hoc Some dissatisfaction has been expressed as to this Committee on Judicial Clerkships noted that "it does selection system, particularly by applicants who not appear that enough faculty supervisors are lacked faculty "contacts," and the Ad Hoc available for the total number of qualified Committee will reportedly change the manner of applicants." The Committee had circulated to the selection next semester. Approved applicants who were not sponsored faculty a list of clerkship applicants, asking that faculty vouch for students they might care to by faculty this fall were reminded by the Committee supervise in the program. Due to the insufficient that judicial clerkships will also be available this faculty interest, the Committee requested that spring and that they can then reapply. The Faculty of Law and Jurisprudence, State University of New York at Buffalo, in compliance with the HEW Regulations on Title IX of the Higher Education Amendments of 1972, restates with pleasure the following: No person, in whatever relationship with State University of New York at Buffalo, shall be subject to discrimination on the grounds of race, color, creed, sex or national origin. This policy specifically applies to applicants for admission to or employment by the Faculty Dr. James English, professor, ofLaw and Jurisprudence. School of Dentistry, has been named chairman of a nine-member Search Committee for a dean for the Faculty of Law and Jurisprudence, Dr. Albert TUITION AND FEES PAYMENT YOUR PAYMENT IS DUE BY Somit, Executive Vice President, announced. OCTOBER 3, 1975 OR 7 DAYS AFTER INVOICE POSTMARK has The committee has been asked DATE. Make check payable to SUNYAB. Note your student number on your check. Please use your student number on all financial to submit a list of at least three names to Robert L. inquiries. Ketter for his consideration by no later than December 1. NON ATTENDANCE, REGISTRATION AND CHANGE OF PROGRAM CHARGES: NON ATTENDANCE (unofficial withdrawal) Also serving on the search does not cancel your charges. The last day to DROP COURSES panel are Hon. John T. Curtin, without financial penalty is Friday, September 19, 1975, the end of judge, U.S. District Court; Marc the third week of classes. (Friday are always considered the end of the Galanter, professor of law; week for financial purposes). Your invoice is computed at the end of Marjorie GJrth, associate the third week of classes. Any adjustments for a change in your professor, law and jurisprudence; registration during the first three weeks of classes will have already Mark Hclkrer, student, U/B Law been processed. A further reduction of hours after that date will be School; Jacob D. Hyman, professor of law and former dean adjusted according to the following schedule: of the Law School; M. Robert Until the end of the 4th week Friday, September 26, 1975 30% Koren, a U/B alumnus who is Tuition Credit former president of the Erie After the 4th week No financial credit County Bar Association; L. If you ADD HOURS to your schedule after September 19, 1975, your Thorne McCarty, assistant payment for tuitionand fees is due on the date of the addition. No bill professor, law and jurisprudence; and J. Andrew Spanogle, will be sent. professor, law and jurisprudence. In a letter, to members of the ALLOWABLE DEDUCTIONS FROM YOUR INVOICE: If you are receiving a TUITION ASSISTANCE PROGRAM (TAP) AWARD, search panel, Dr. Somit called the committee's task "especially REGENTS SCHOLARSHIP, STATE UNIVERSITY SCHOLARSHIP important." U/B Law (SUS) or a PARTIAL TUITION WAIVER (PTW) and submit your Faculty, he The said, has made award notice to the Office of Student Accounts by October 3, 1975, "impressive progress toward its you can deduct your award amount from your payment. Thesecredits objective of becoming one of the may not exceed the total amount of tuition charged. If the award is nation's leading law schools." The received subsequent to October 3, 1975, you are liable for full tuition panel, he indicated, is to "seek and fee charges at the specified time, and when the check isreceived, it out and recommend .. individuals who can' provide will be given to you. in tel I ectual and administrative If your tuition and/or fees are covered by a COOPERATIVE leadership for an already TEACHER CREDIT GRANT or a GOVERNMENTAL AGENCY, you distinguished faculty." may deduct this amount from your payment provided that the A candidate for the post, approved notification is filed with the Office of Student Accounts by Somit said, should be: September 19, 1975. 1. a distinguished scholar and teacher of the law, with If you are receving a TUITION WAIVER, you may deduct the waiver subs tan tLa experience and I amount (which does not cover fees) from your payment provided that recognition; as a New York State resident with 12 or more hours as an 2. dedicated to the highest undergraduate or 8 or more hours as a graduate, you have applied for and received your TAP award. If you are a graduate student with an aspirations of the legal profession and lo the education of students assistantship, you must file your tuition waiver application with your in a professional program which department so the approved notificationreaches the Office of Student embodies those aspirations; Accounts by September 19, 1975. 3. alert to the changing If you are receiving an approved UNIVERSITY SCHOLARHSHIP or a character of the legal process and deductone-half LOAN paid through the University, you may of the receptive to creative innovation in annual award from your payment. When you receive your check, you broadening tfve range of responsible paying your outstandingcharges. professional training to accord for will be with changing opportunities and STUDENT FEES The College Fee is a State assessed mandatory fee. responsibilities in the practice of The Student Activity Fee is a student assessed mandatory fee. law; Returned check charge $5.00. 4. devoted to the development , Search Underway For New Law Dean Financial Information: .' - - - . of knowledge of law and able to deep interest in assisting-them to provide leadership for the fulfill their aspirations; ) Faculty's efforts to constitute great energy and capable 9. of itself a vital center for extending understanding of the working of enthusiasm; law and legal institutions; 10. able to work cooperatively within the University system and 5. devoted to and capable of capable of dedication to the scholarly and working rapport promotion of the Faculty of Law with a faculty of peers; and Jurisprudence and the 6. capable of handling University. administrative problems skillfully The individual ultimately so that educational goals of the named to the post will succeed Faculty can be fulfilled: Dr. Richard A. Schwartz who has 7. possessed of exceptional held the position since 1971 and qualities of leadership; has announced his intention to 8. concerned with the step down at the end of academic problems of students and with a 1975-76. j|;J| nysba NEW YORK STATE BAR ASSOCIATION ONE ELK STREET, ALBANY, N.Y. -12207 •• •• • AS A NYSBA LAW STUDENT MEMBER, YOU'RE ENTITLED TO: The Law Digest The Journal The State Bar News Admission to all Association, Section and CLE programs at special -rate > \ Life insurance at unmatchable low rates DATE NAME (NOMAILINGS JUNE THROUGH AUGUST) , $3.00 DUES MAILING ADDRESS LAW SCHOOL DATE OF BIRTH I year of law school and expect to I am in my graduate in of If elected I will abide by the Association's Constitution, Bylaws and Code ofProfessional Responsibility. SIQNATURB ■ ' �September 18, 1975 OPINION 5 SBA 1st Vice President Resigns Notice To Student Organizations FROM: CATHY NOVACK, SBA TREASURER New voucher forms must now be submitted for all budget reimbursements. These new "Sub-Board I, Inc. Voucher" forms replace the SBA forms previously required and are available in the SBA office. As soon as I receive the account numbers for the 75-76 budget from Sub-Board, I will forward them cffi to you. Each organization must submit a list of the long distance phone calls made each month. I would advise posting a sheet by the phone where anyone making a toll call can fill in the following: Discontent within the SBA Executive Board has come to light with the protest resignation this August of SBA's Ist Vice President Cynthia Falk, who was elected to that post last February on a slate with the other executive officers. In a letter of resignation, addressed to SBA President Rosemary Roberts, Ms. Falk cited the Executive Board's failure to communicate or consult with her in matters within the Ist Vice President's responsibilities as the cause of her resignation. In particular, she alleged that, after she had spent two months planning a Law Day program for the Law School, it was cancelled without her input last spring. Ms. Falk also charged thatMs. Roberts' failure Date call made: Area Code & Number Called Name of Organization Responsible: (e.g., NLG, ELS, etc.) This sheet should then be given to me by the sth of each month; thus on October sth I should receive the lists of all calls (toll) made during September 75. Also, remember the Presidents of all organizations are responsible both for toll calls over their budgeted funds ($15.00 in most cases) and any toll calls made within tie-line areas, i.e., New York State and Washington D.C. My office hours are as follows: Tuesday-12:30-1:30 p.m. Thursday noon 1:00 p.m. — — . to give any notice of executive board meetings prevented her from participating in SBA governance. Ms. Falk had run on a "Get Involved" ticket last with Ms. Roberts and three other candidates, all of whom shared the same platform. Her resignation leaves a vacancy in the Ist Vice Presidency, the office responsible for SBA relations with the Barand the law schools, which can be temporarily filled by Ms. Roberts' appointment until a special election. Ms. Falk had come under criticism within SBA for failure to perform the functions of the Ist Vice Presidency, particularly with respect to her failure to notify the Executive Board of her intent not to attend the annual ABA/LSD convention in August. Some discussion has now been given to proposals to abolish the Ist Vice Presidency altogether,replacing it with an ABA/LSD delegate. year ABA/LSD Membership Drops The resignation SBA Ist Vice President Cindy 1974, when Chris Greene was succeeded by Laura Falk coincideswith the release of information by the Zeisel as Ist Vice President of SBA. The law school ABA Law Student Division showing a long-term, then had 610 students attending, steep decline in the number of Buffalo law students By March 31, 1975, justafter Ms. Zeisel had left in the LSD. The SBA's Ist Vice President is the office to be succeededby Ms. Falk, LSD members at officer responsible for' Law Student Division the law school totaled only 99, while the student body had grown to 720 students. By June 6, 1975, activities locally. According to the ABA/LSD report on law ABA/LSD records indicated only 85 LSD members student memberships per school, Buffalo had 140 here.Figures are unavailable for the current semester LSD members in its student body in the spring of as yet. ABA Continues Placement Since my schedule thii semester includes the Sea Grant, Law Review and four courses, as well as SBA, I would appreciate all SBA matters being handled during my office hours rather than attempting to resolve questions in the hallways, library, etc. Anyone who can't see me during the above times, leave a note in my mailbox, explaining your questions and indicating what hours you are available, so that a mutually convenient meeting can be arranged. Thanks for your cooperation. / The American Bar Association inquiries from more than 1,000 has decided to make permanent students and 250 employers, said Fran Utley, manager of the ABA its program of computerized Lawyer Placement Information placement assistance for law Service. Ms. Utley said the computer school students and their checked 261,981 possible prospective employers. "matches" between applicant Launched by the Law Student qualifications and employer Division last spring as an -requirements, printing out 3,138 experiment, the program attracted of the closest matches. - Report on ABA/LSD Convention by Cathy Novack SBA Delegate The Law Student Division (LSD) of the American Bar Association pursuant to its current bylaws, held its annual meeting at McGill University in Montreal on August 9-13 in conjunction with the ABA Convention. Unfortunately, our official ABA/LSD delegate, the Ist Vice President, did not notify the Executive Board until mid-July of her inability to attend this function. Since my summer job as a Sea Grant Law Fellow allowed for the most flexibility in schedule (thanks to Professor Reis), I attended this meeting as' Buffalo's voting delegate. I preface my reportwith this explanation since, as Treasurer,-! went to Montreal with little prior knowledge qf what the ABA/LSD organization is all about. The major events of the convention werel 1. The electionof new officers 2. Adoption ofrevised bylaws 3. Passage of variousresolutions (ABA), - : SBA Copier Removed The Student Bar Association photo-copying service, maintained by SBA the last two years in the library,has been discontinued this fall upon University insistence, after SBA's operation of the photo-copier was brought to the University's attention by SBA's use last spring of copier receipts to transport students to an Attica demonstration. Purchased last year by former SBA President Don Lohr, the Royal Typewriter Co. photo-copier had replaced an earlier SBA-copier and had the advantage of permitting two pages to-be copied for five cents. The SBA 'photo-copier service was planned so as to be self-sufficient, with the proceeds paying for the machine's operation. Last i spring, however, after SBA unsuccessfully sought to allocate- student activity fees to bus students to Albany to lobby for an ■ Attica amnesty bill, the SBA executive officers tapped the photo-copier proceeds to obtain the busi money. Accounts of that action were published in campus newspapers, and this summer the University determined that SBA was infringing upon the Faculty-Student Association's exclusive right to operate campus photo-copying services. The SBA photo-copier has been removed from the library and is currently stored in the SBA office, whereit cannot be used for any paid copying. SBA may, however, operate it for internal organizational uses. The New Officers After two days of heavy campaigning the following people were elected: President: Lynne Gold of Villanova University Schoolof Law, 3rd Circuit The President's duties include serving as Chairperson of the LSD Executive Committee and Board of Governors, as well as of the House of Delegates, along with such other duties as are usually associated with this office. Ist VicePresident: Dick Eymann of Gonzaga University of Law, 12th Circuit The Ist Vice President supervises the work of the Circuit Governors, is responsible for the supervision of Standing and continued onpage 6 - - H H $■!; i M §| H M $§ B §| SB 55 '$£ 1 H 56 . — _. ... .' Based on the large response, the ABA decided to put the program JURISCAN on a permanent basis, Ms. Utley said. "We found that the program is especially effective in helping employers who find it inconvenient or too costly .to recruit on campus," Ms. Utley said. The program is open only to members of the ABA Law Student Division. The JURISCAN registration fee for students is $5. There is no charge for employers using the program. Employer enrollment forms for the program appear in the September issue of the American Bar Association Jounal, and student forms will be carried in the October issue of Student Lawyer, a publication of Law StudentDivision. Both forms can also be obtained from law school placement officers and by writing to JURISCAN, American Bar Center, 1155 East 60th St., Chicago, 111., 60637. - — GOULD PUBLICATIONS in your bookstore NOW with updated 1975 session changes. CIVIL PRACTICE LAW AND RULES PENAL LAW OF NEW YORK CRIMINAL PROCEDURE LAW OF NEW YORK FAMILY COUR-T ACT OF NEW YORK and SOCIAL SERVICES LAW EVIDENCE OF NEW YORK ESTATES, POWERS AND TRUSTS LAW 1 OF NEW YORK SURROGATE'S COURT PROCEDURE ACT These loose leaf editions are updated by subscription every year. They will be current when you take the bar. They will be necessary books in your practice. j ] I j GOULD PUBLICATIONS 199 State Street Binghamton, New York 13901 ] �September 18,1975 OPINION 6 ... Carlisle Appointed Moot Court Board year. Alan Mantel, Gene — continuedfrom page I — continued frompage I Reibstein, and Dave Ferster are to first-year students the location and use of basic research tools available in the Library. Research is currently underway on the Nationals Competition, sponsored by the Young Lawyers Section of the New York County Bar Association. The Competition, one of several interscholastic competitions in which the Board participates each year, involves anti-trust issues this writing the brief. With Carl Howard as Chairman and Ray Bowie as Vice Chairman, Moot Court Board members include Gabe Ferber, Sandy Presant, Tom Lochner, Mark Hellerer, Barbara Willis, Pat Gaura, Gene Reibstein, Alan Mantel, Matthew Leeds, David" Clegg, Mary Engler, Peter Ackerman, Carolyn Pasley, and David Ross. Viewing his function as providing as many employment options as possible to graduating students, Mr. Carlisle expressed a desire to interview as many third-year students as feasible to learn their personal interests. Questioned as to placement policies, he noted "strong opposition" to class ranking in that employers tend to rely too exclusively upon it. The current Law School policy, he opined, encourages employers to regard qualities other than grades alone. He stated too that he was "disturbed that only four students in the 1974 class were placed as law clerks" and that he would make it an objective to expand the number of judicial clerkships open to services will be applied toward the Buffalo students. Personal letters, he added, have Law Spouses' annual scholarships already been sent by the Placement Office to every and the activities of Phi Alpha Federal judge in the Southern and Eastern Districts Delta. Tina Stoufer is President of of New York inquiring as to clerkship opportunities. the Law Spouses Association this year, while Ray Bowie serves as Justice of PAD's Alden Chapter at the law school. . Used Book Mart. . — continued from page 1 constitutes the first organized used book facility at the law school, although similar operations have been common elsewhere. Proceeds from charges assessed by Book Mart for its Report on ABA/LSD Convention Ultimately, Mr. Carlisle hopes to achieve for SUNY Buffalo Law School the same distinction as attaches to the University of California law schools, whose graduates are preferred to those of private schools. Carlisle had established a career as a practicing lawyer prior to accepting the placement directorship here, with six published Federal cases to his name. He has been involved recently in litigation to declare two Pennsylvania election laws unconstitutional, to obtain a permanent injunctionagainst the New York City Police Commissioner, against FBI electronic surveillance in Detroit, and regarding standing requirements in corporate reorganization cases. With Mr. Carlisle's appointment as placement director, Pat Hollander, who carried a part-time appointment to that post the past two years, will be .devoting more of her administrative functions to admissions work. She will continue to carry a part-time teaching load in the clinic and SLF programs. ... That LSD commence a concerted effort to solicit contributions from foundations as an added source for the LSSF. That the merger, dissolution or dilution of predominantly Special Committees, and presides over meetings in the absence of the minority institutions of legal education is contrary to the legal President. profession's obligation to the American people to provide qualified 2nd Vice President: Richard Annis of the University of San Diego attorneys forall the people. School of Law, 9th Circuit The 2nd Vice President supervises the Established a Special Committee on Law Students Rights and matchinggrants program, the Law Student Service Fund (LSSF). Privileges to study such concerns as: uniform grading, minority Secretary Treasurer: Carol A. Coe of the University of Missouri, admissions, due process in disciplinary actions, free speech in law Kansas City School of Law, Bth Circuit The Secretary-Treasurer school publications, general scholarship criteria and student keeps a record of the meetings of the Executive Committee, the Board participation decision-making. in of Governors and the Division House of Detegatss; maintains a record LSD officially recognized SBA's and similar organizations as of the Division's fiscal affairs; processes vouchers for payment from LSD funds and submits a monthly balance sheet to the Board of legitimate student governmental bodies. Governors as well as a full accounting to the delegates at the annual Requested implementation of the ABA's prior resolution to meeting. increase women's participation in the ABA's committees, commissions decision-making bodies. and other Gray The two Division Delegates elected are: Jon of the University of Missouri, Kansas City School of Law, Bth Circuit and Only a* resolution on gun control failed to receive delegate Dayle E. Powell of Cumberland School of Law, Stamford University, approval, primarily due to the extent of its reach and its monetary sth Circuit These people are to represent LSD in the ABA House of discriminations. Copies of all these resolutions are also on file. Delegates; report to the Division any matter before the Association's I might note, for whatever jt's worth, that my vote on all of the House of Delegates which is of significance to law students; and coordinate LSD representation in the Sections and Committees of the candidatesand issues was a perfect win. Probably one of the most important aspects of LSD membership ABA. is the Law Student's Services Fund (LSSF) which may provide The 1974-75 Annual Report is on file in the SBA office (Rm 113) matching funds of $100 to $1,000 for various law school programs. and anyone interested in knowing about this past year's officers and The two threshold requirements for receiving an LSSF grant are: their accomplishments in office is welcome to borrow this reported (1) a minimum membership of 20% of the school's students in the information. ABA/LSD and (2) filing for funding by the appropriate deadlines,which are: The Revised By-Laws October 15,1975 for one year and/or fall semester projects February 2, 1976 for "Spring semester projects March 15, 1976 After almost two days of debate, the revised by-laws were approved by the House of Delegates. The more significant revisions for one day projects include: other information is available in Room 113. a) Reduction of the national officers from six to five by c Delegates' schedule of meetings was so tight that there was consolidating the duties of the first and secondvice president and thus Dportunity to attend many of the ABA or LSD special panels having only a vice president. letings. I did get to the LSD panel on Reform of Rape Laws b) Removal of the by-law requirement to hold the LSD annual lighlighted some of the problems of limited cross-examination, meeting at the same time and place as the ABA Convention. ry rape and the ethical problems faced by women defense s. I also attended the Women's Caucuswhich set as its major Other revisions concern membership qualifications, election le acquisition of all available information on women's courses, procedures for the national officers and the circuit governors, rTs (such as women's prison projects), and speakers concerning responsibilities of all the officials —-elected and appointed, and and the law so that such material can be readily accessible to movement of some states intomore geographically convenient circuits. students. The caucus is also concerned with initiating changes Again, a copy of the revised by-laws is available in 113 for anyone Esq., of the ABA was present at i the ABA. Doris Sassaurer, interested in the structure and rules of the organization. ucus andksuggested we look at her chapter entitled "The Chief published Wore Red Dress" A in the book Women in the Year I think it is noteworthy that the ABA/LSD has seen fit to Justice eliminate the two vice president positions and consolidate them into 2000. The electionof women candidates was also encouraged. one office. I find this impressive since I believe the SBA could also The main thing I learned from the whole convention is the profit from a similar change. The sole duty of the SBA's Ist Vice importance of having a responsible LSD delegate who is willing to President is to be the ABA/LSD delegate/representative which has led devote some time and energy into learning the structure and to little being known about LSD at Buffalo since few people know functioning of the organization so that the ABA/LSD can be of the that the Ist Vice President is their LSD Delegate. I think we would do most benefit to all Buffalo law students. Once again, the file I built up well to follow LSD'slead in this area. during the Convention is available to anyone interested in viewing it The revised by-laws must now be submitted to the ABA House of and any unsolved questions can be referred to our 2nd Circuit Delegates for their approval prior to becoming effective. Governor, ConnieRaffa of Brooklyn Law School. continued from page 5 - - ' — t — Resolutions The LSD House of Delegates approved the following resolutions: I also —- want to point out that there is already scheduled a Washington International Law Weekend, October 17 and 18, 1975 and November the 1976 Client Counseling Competition which has a 24 deadlinefor registration. Further information is on file in 113. Also, so that next year there are no surprises, the ABA Annual Meeting will be held in Atlanta,.August 7-12. Internat'l Law SocietyAdopts New Focus by Victor A.D. Rostow The Executive Committee of the International Law Society, consisting of all present and former officers, held an organizational meeting on Tuesday, September 9. Topics discussed included new membership, activities policy, outside speakers and scheduling. Overall policy changes were debated. Due to the absence this semester of an instructor in international law, the Cqmmittee has decided to shift the focus of the Society. The Society will try to fill, the void in the curriculum by providing a forum for students having an interest in international law and affairs to present papers and to discuss topical international issues. Freshmen, old members, and other interested students and faculty were invited to attend a meeting on Tuesday, September 16, where plans for the semester were discussed in greater detail. The Society is pleased to announce thatits first speaker will be the Hon. Gudmundur Gardersson. Mr. Gardersson is a member of the Icelandic Parliament and Chairman of the Icelandic Chapter of the Atlantic Treaty Association. On Sunday, September 21, be will speak to the Law School Community on the subject of 200-mile fishing zones and the current fishing conflict between Iceland and .other maritime nations. Despite the seemingly localized nature of this dispute, it has been an issue for heated debate in the United Nations, and the subject of an opinion of the International Court of Justice. Room and hour information will be posted. Join . Opinion 1 Room 623 �September 18,1975 . 7 OPINION to »yv{-.n't.** -V" �September 18,1975 OPINION 8 P Alumni resident's Annual Report Hon. Rudolph U. Johnson, Alumni Association President for the 1974-75 year, delivered the following annual report to the Law Alumni on the state of the Association upon his departure from office last May. LAW SCHOOL ALUMNI ASSOC!A TION REPOR T OF PRESIDENT R UDOLF U. JOHNSON FOR THEPERIOD OF JUNE, 1974 to MAY, 1975 In accordance with the By-Laws, 1 hereby submit the following report of the affairs of the Association for the period from June, 1974 to May, 1975. First, 1wish to thank all of the Officers, namely, HAROLD BRAND, VICEPRESIDENT 808 FINE, TREASURER BOBSCHAUS, SECRETARY and all the Directors of the Association for their hard work and Law Spouses Association Awards Scholarships Two $100 scholarships were awarded to one second-year and one third-year student on Saturday, August 30, at the Student Law Spouses Association Annual Welcoming Brunch. Brian Carr was present to receive his check, but James Dillon was unable to attend. The Brunch, the only orientation event geared especially to both halves of student couples, was attended by approximately 75 people. A brief panel discussion beginning the program was led by President Tina Stoufer, Vice-president Sheilah Rostow, and their husbands, Tim Stoufer and Victor Rostow. They spoke on the effects of law school on the relationship of a couple or family. The discussion was followed by brunch in the Faculty co-operation in continuing to accomplish the aims of our Association and, also, I thank the various individualsand committees appointed to promote the various programs and events scheduled during the year. More particularly, I wish to thank the seven out-going Directors of the. Lounge: Board who have completed their terms. Namely: .' JUDGEROGER T. COOK. JUDGE SAMUEL L. GREEN ALVINM. CLICK RICHARD F. GRIFFIN RICHARD A. GRIMM, JR. WILLIAM H.HEPP WILLIAM J. LOVE, JR. . Among the projects the Association participated in this past year was the Moot Court Program at the Law School. At the October, 1974 Board meeting, a contribution of $750.00 was authorized to the Moot Court Board of the School in order to help underwrite the Moot Court Competition. Donations were also authorized for lunch and transportation expenses for Mock Jurors who served in the Fall and Spring sessions of the Trial Technique Program of the Law School which is now headed by John Stenger. Total donations amounted to $425.00. Finally, the Board gave the sum of $500.00 to the Student Bar Association at the Law School to help defray expenses of a reception which was held in conjunction with the Commencement Ceremonies at Kleinhans Music Hall on June 8, 1975. Special thanks are also in order to Anthony J. Renaldo our perennial Chairman of the Annual Mid-Winter Luncheon held in conjunction with the New York State Bar Association Meeting in New York City. The luncheon was well attended and Congressman John LaFalce did an excellent job as Speaker at the luncheon. Our Placement Director, Pat Hollander, has been responsible for the preparation of a Law School Placement Brochure which is mailed to some 3,000 law firms, government agencies, etc. inviting participation in on-campus interviewing in the Fall of 1975. Sheis also making arrangements to provide for a Law School Alumni Directory containing the 3,000 addresses of Law Alumni to be completed sometime in the Fall Semester of 1975. She reported that 91% of the graduates of the Class of 1794 who were surveyed are now employed. Pat Hollander has participated in all our programs and has done an outstanding job towards increasing the rapport between the Law Schooland the Alumni. The Mid-Winter Dinner chaired by Harold J. Brand, our Vice President, was a huge success. The Distinguished Alumnus Award recipients included: Tina and Tim Stoufer and Sheilah and Victor Rostow lead panel discussion on married studentlife. The first meeting ot the and faculty, but couples are to attend. The Association will be held on encouraged Friday, September 19, at 7:30 calendar of coming events will be p.m. in the Faculty Lounge, fifth discussed at that time, and floor of the law school. The refreshments will be served. students meeting is open Bookstore Clash Erupts Again; Law School Again Victorious For the second consecutive summer, a group of Law School administrators, faculty and students were forced to mobilize on short notice to block plans by University Bookstore Manager Thomas Moore to alter bookstore services to the alleged detriment of the Law School. Early in August, Mr. Moore announced his intent to transfer Law Bookstore Manager Mary Lou Palesh to a new position in the Ellicott Complex Bookstore, thus severing her seven-year association with the Law School bookstore. The announcement prompted an immediate campaign, waged by an informal coalition of concerned faculty and students, to reverse the decision, the coalition being motivated by a belief that Mrs. Palesh's law book expertise was invaluable to the Law School and that Mr. Moorelacked sound reasons for the decision. In the summer of 1974, Mr. Moore made an attempt to transfer all law materials to the Ellicott Complex facility, which attempt also proved unpopular with the Law School and was successfully resisted. Mr. Moore was known to be unhappy with the Law School's success that year,and some participants in that previous coalition speculated this summer that his plan to transfer Mrs. Palesh out of the Law Bookstore was "vindictive." With the formation of another coalition of law faculty and students this summer, a meeting with Mr. Moore was held at the Law School, with Moore defending his decision and the coalition striving to convince him to reverse it. According to Moore, he recognized Mrs. Palesh's expertise in the area of law materials but thought it best to transfer her to the Ellicott Complex "to broaden her managerial horizons" in other areas. The consensus of those representing the Law School, however, was thatsuch a transfer would only be counterproductive, since law materials demanded special expertise and were satisfied with the serviceof Mrs. Palesh in that capacity. Several days after the meeting, Mr. Moore notified the Law School that the decision had been reversed and Mrs. Palesh would remain as manager of the new Baldy Hall Bookstore, which would incorporate the Law Bookstore formerly in O'Brian Hall. Dean Richard Schwartz, upon learning of the withdrawal of the transfer plan, issued a statement "to congratulate Mary Lou for her promotion and express on behalf of the entire Faculty our great satisfaction that she will continue to provide current and future generations of law students with the kind of advice and service which have been so valuable in the past." Dean Schwartz also attributed the successful campaign to "a team effort," thanking participants Wade Newhouse, William Greiner, Charles Wallin, Rosemary Roberts, and Ray Bowie. patrons NewLawReview Associates HON. SEBASTIAN J. BELLOMO, JUDICIAL SERVICE ROBERT W. GRIMM, PUBLIC SERVICE M. ROBERT KOREN, PRIVA TEPRACTICE JOHN E. LEACH, POSTHUMOUS The Chemical Bank of Buffalo sponsored the cocktail party and I'm pleased to report that, following the precedent set by nast Presidents JBayger, Gridley and Denman, the dinner was a financial success and the Alumni Association netted $2150.00 which far exceeds monies made at any previous dinner. I wish to thank Provost Richard Schwartz and the faculty for the splendid co-operation and assistance received from the School and am sorry to see that he has submitted his resignation as Dean of the School to order to followhis first love of teaching. I might add thathe l-i'dt our Association have some active participated in the selection of the new Dean and I have been in touch with President Ketter on this matter, both by mail and phone, and he advised me that our suggestions will be given consideration. I convey to Presidffnt-Elect, Harold Brand, my best wishes for success in his on-coming term of office. Front Row (L to R): Charles Blotter, Don Bloomfleld, Bill Barker Sandy Berland, Pat Deveny, Tina Dolgopol, Barbara Perschetz, Daniel Golden, Andrew Spacone, Harvey Edman, Martin Kamlnsky Back Row (L to R): Richard Cohen, Becky Dick, Chris Carty, David Sheridan, David Clegg, Joseph Rlotto, Chris Sterner, Peter Hodkin Samuel Guiik, Robert Jenkins, Irvln Mermelstetn, Dennis McCoy Ronald Berger ~ " � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-09-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/18/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/29c55ae85a113dabbc907258f7fa5c9b.pdf 5561c195f28a8dcd631c88d3bcff3306 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 16, No. 2 State University of New York at Buffalo School of Law . Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 October 9,1975 Fahringer Judicial Clerkships Grand Jury Witness Procedure A rare privilege for any graduating law student is the opportunity to clerk for a state or federal judge. It is rarer still for a Buffalo and indictment for Witnesses' Rights perjury. Emphasized throughout A witness has no right to Student. For example, of the seventy-seven available clerkships in the Southern and Eastern Districts not one went to a U/B grad. Schools The Distinguished Visitors the talk was the necessity of a counsel inside the grand jury rerpesented did include Harvard, Columbia, NYU, California, Forum initiated this year's series thorough and intensive interview room, but may have his attorney Michigan, and St. Johns. of lectures with an address by with the client, regardless of his, present outside, and is permitted According to Mr. Carlisle, there is little reason why this situation Herald Price Fahringer on or your, belief of innocence or to confer with him for legal advice cannot be rectified. The placement office will develop a proposal for September 30th. Mr. Fahringer, a non-complicity. It is essential to at any point. the establishment of a clerkship committee. In the interrum, due to Every constitutional right that U/B alumnus, is a noted criminal be aware of all the facts before urgent necessity the of expediting current clerkships requests, an ad defense lawyer. In view of the you, as the attorney, can advise applies should be invoked, or they hoc faculty committee will orocess clerkship applications for the witness of all his rights. may be waived. Mr. Fahringer greater emphasis now being placed transmittal to judges. [See PlacementOffice for new developments]. suggests his index card method on trial advocacy in law school, The placement officeis now compiling from various judges, the witness has a card for specific the'DVF's introduction observed The Subpoena The subpoena should tell the purposes, to read to the grand describing openings available and qualifications for each. Every judge thathis visit was especially timely. requirements, has different to important so it is check each one. Mr. Fahringer noted the rise in subject of the investigation, and jury upon questioning. These Interested students can then apply directly to the judge, or submit a grand jury investigations, the the part of the law involved include a privilege card ("On placement packet for a specific judge to the ad hoc committee (which (conspiracy, etc.). The District advice of counsel, I respectfully Attorney or the U.S. Attorney has decline to answer on the ground would not preclude later individual applications). The package should include a letters of reference, transcripts, and a sample legal resume, no power to compell appearance that it might incriminate me, and anywhere but before the grand furthermore, violate my rights writing. More information on this and other placement problems is jury, although the subpoena may under the first, fourth, sixth, and say otherwise. They want to meet ninth amendments"); a request to available in the placement office. Mr. Carlisle suggests that every student interested in clerking discuss hisor her interest with him. the witness to hear what he may continued onpage 5 say, and possibly get some damaging statements. The client Gardarsson may go to their office, but he doesn'thave to do so. The subpoena won't always give much time. Since adequate time is necessary to meet with the client, make sure you get that On Sunday, September 14, the Hon. time. If the prosecutor won't Gudmundur Gardarsson addressed a small group of allow it, have the witness appear interested students on the subject of 200-mile fishing alone, and request time to get an zones, and the economic realities which have led attorney. The grand jury will then small maritimenations to impose them. adjourn for a period of time, Mr. Gardarsson is a member of the Icelandic giving you a chance for that Parliament (Althing) and Chairman of the Icelandic meeting. chapter of the Atlantic Treaty Association. His lecture was sponsored by the International' Law Society and the Mitchell Speakers Committee. Secrecy Despite long debate in the international If the witness is not the target community, no agreement has been reached on the of the investigation, and he did question of sovereign rights over economic resources nothing wrong, advise him to in coastal waters. Gardarssson began his lecture by testify, truthfully. Afterwards, he emphasising that Iceland has actively participated in may disclose what went on, and all discussion such as the recent Law of the Sea what he said, inside the grand jury Conference in Caracas but has become room. Secrecy laws do not apply disenchanted with thepace of the decisional process. regardless the of the Over the last fifteen witnesses, to years, Iceland has proliferation of strike forces, prosecutors statements to the unilaterally acted four times to extend its protected special prosecutors and the like. contrary. In fact, said Mr. fishing zones. In 1952, the zone was expanded from This raises special problems for Fahringer, it is advisable to get a three to four miles; in 1958, from four to twelve the lawyer who is called upon by thorough and immediate miles; in 1972, from twelve to fifty miles. On catches to a stated number of tons per year. his friends, neighbors or clients debriefing, preferably on tape, October 15, 1975 the zone will again be extended, Gardarsson stressed that the restrictions would pertain only to fishing. Iceland does not claim for advice when they are called even as the client is walking for this time to 200 miles. upon to appear before a grand the building towards your office. While Gardarsson conceded that unilateral sovereignty out to 200 miles. jury. The witness faces three great This information Gardarsson offered the reduction in the herring will avoid action may not be in strict conformity with risks when answering: waiving inconsistencies in later grand jury customary international practice, he stressed the catch as an illustration of the non-theoretical nature constitutional rights, the risk of or trial appearances. economic realities of the situation. "If Iceland is to of the situation. Over-fishing has led to the virtual survive, it must not be hindered in extending the extinction of this fish in waters traditionally fished by Iceland and Norway. Both nations are (or were) limit," he stated. "Thisis the simple fact." The "simple facts" are these: 1) Iceland's heavily dependent upon herring exports. While not economy is characterized by an overwhelming excusing the conduct of the Icelandic fleet, he laid dependence on fish exports, and a scarcity of other the blame for the destruction of the spawning natural resources; 2) without the availability of a capacity on scientific exploitation by the highly On their meeting of October 1, 1975, the faculty approved by renewable source of fish, Iceland cannot survive as mechanized fleets of other nations. In a question-and-answer period following his voice vote to implement a new writing program for this coming spring an independent nation; 3) the fishing fleets of semester. The program will basically be in two sections. The first is the certain other nations (particularly the Soviet Union, talk, Gardarsson emphasized the issue of survival. So retention of the Small Group Elective, as in previous years, for about Germany and Japan) have systematically denuded strongly does Iceland believe that it cannot exist the waters around Iceland and other nations of all without assuring its own resources supply, that it seventy students. The rest of the class will be involved in a student would be prepared to withdraw from NATO and taught faculty supervised Legal Writing Program* classes in each fish life includingbreeding stocks. The alternative to unlimited access to fish stocks other multilateral treaties if necessary. Iceland has category to consist of fifteen students. The Small Group Elective will be a 4-credit program., the Student instructed section 3-credit. Some is a conservation program administered by the nation no means of defense beyond it small coast guard and administrative problems remain to be ironed out, and full details will most dependent upon the supply. The fleets of other the NATO airbase at Keflavik. continued on page 5 ■> >■ beinth.enext issMepf,QP,lNlON. ■> nations \tould have to obtain licenses, limiting their by Carl S. Heringer ' contempt, — Lecture on Fishing Rights Fahringer — Writing Program r .. — — �October 9,197S OPINION 2 OPINIONS our Jewish Law Students Under New Management As of this issue, OPINION has come under its yearly change of management. Several key positions in the staff have either been changed or rearranged. A new editor-in-chief and assistant editor and a new core of reporters have joined with veterans to continue this journalistic endeavor. We're new, young and enthusiastic. We hope to take OPINION along some new paths, while remaining on others that have proven worthwhile. Due to largely unavoidable difficulties [lack of overwhelming student response] our publishing schedule has been revised, and fewer issues will appear, and at greater intervals than before. However, we hope to expand in other ways: more features, more analysis of important issues, and more input from you, the student body. OPINION will remain a non-partisan student oriented publication. We will not your shirk from taking a firm position when such will not be drawn into the partisan battles of the past. Editorial opinion will be, as much as possible, a collectiveeffort of the editorial board. Elsewhere, those opinions that are not collective or reach some extreme will bear the authors' signature. Adequate opportunity and space will be offered for rebuttal of any stance we might take, or even for support, with little or no interference in style, length, or content. We want this to continue to be an open forum available at all times, personally or is required, but we live 'in Greenwich, Connecticut and manage slum property, or WASPS who wish to become tax Dear Opinion: lawyers..." Deja vu is a psychological, and We all are aware that Mr. not a physical phenomenon. Perhaps that is why we of the Chamberlain had no malicious Jewish Law Students Association were surprised to see an article by Jeff Chamberlain in the September 18, 1975 issue of Opinion that was reprinted from the previous year. The article did not draw any significant criticism at that time. Indeed, Mr. Chamberlain wascorrect in stating that there was nO formal you. to in print organization within thelaw school some We expect to make mistakes, that articulates the special whether by deed or ommission. We also interests of Jewish students. If we expect that with time we will grow with each as individuals were not reading other, learn from each other, and all profit carefully enough during the from the experience. We welcome your beginning of last year, we now, as comments, your criticism, and your an organization, wish to put our protest on the record in light of participation. this rare opportunity where the clockhas been turnedback. — Unholy Alliance, Sorry Spectacle In his article, Mr. Chamberlain With uninterrupted inflation driving none of the parties above could take living and educational expenses ever higher, seriously themselves. and uninterrupted recession forcing Law students seeking loans to continue employment prospects ever lower, an their education are hardly seeking charity or alliance of University, NYHEAC, and some hand-outs from either government, society, nameless Federal bureaucracy has managed or the university, but rather only such to perpetrate the cruel irony of slashing financial arrangements as will allow them to student loan aid, the sordid details of which obtain their educational goals and then to are this issue's "Turn of reported in action repay the obligations incurred. For many Screw" the column. students, outright grants may be Explanations of this given by the such commercial loans unobtainable, Financial Aids Office are confusing, often unavailable, and part-time employment inaccessible or self-contradictory, and always senseless, for, nonexistent. For them, the evaporation, of what emerges seems to be a tableau in which educational loan funds is equivalent to the the Law School, the University, NYHEAC, evaporation of their hopes for the degree. and said nameless Federal Bureaucracy are arrayed in a circle, each party pointing Each year, the Academic Policy and accusingly to the one immediately to its left Program Committee sees repeated the sorry as the source of the current starvation budget spectacle of students flunking out of this for student loan awards. And starvation institution due to heavy outside work indeed.is the only adjective appropriate to commitments, often occasioned by the the description of a budget that fixes the unavailability of adequate financial aids. This maximum annual financial needs (exclusive year's slash in educational loans will, we fear, of tuition) of a law student at $2750, a make that sorry spectacle into a regular , ludicrously inadequate figure that surely parade. states, "There is not, so far as I am aware, any formal organization catering to the special interest of Jewish students whose goals are to Law Spouses capriciously denied a charter to Gentlepersons: the Male Law Students Association, their membership was absorbed into ours. Our meetings are attended by a generous proportion of students and non-students of both sexes not because they're fun, but because they're informative as well as fun. Should Master Chamberlain be at a loss to lampoon us, we might suggest such topics as the behavior of our children, rampaging through the faculty lounge on LSA meeting nights; or the paltry scholarship awards; or of lay to rest popular misconceptions sums our the quality of the box lunches we about our organization. at Student Law Spouses provide exam time; or the focus Association is not nor has it of our orientation program ... or the officiousness of our letters to been for the last two years known as "Law Wives": some of Opinion. But, Master Chamberlain, you us are not even married. We are, as cannot legitimately conjure smiles far as we can determine, the only calling us "Law.AVives". We are law school organization to by not. welcome all members of the community without regard to Sincerely, social, political or sexual affiliation. Steven Pheterson J. Many of our members are law Victor A.D. Rostow students whose non-student Timothy F. Stoufer spouses are male. Some of us are not espoused, and others are not even partnered. When SBA "Ray Bowie is the Business unreasonably, arbitrarily and Manager of Opinion. Ed." We, the undersigned, (law spouses to a person) wish to regfeter our grave disappointment with the quality of humor lately evidenced by the Opinion. Has Master Chamberlain nought else to do but cast highly inaccurate aspersions at the most homogeneous service organization at the law school? While we recognize that Master Chamberlain's oeuvre was meant in jest, we should like to seize this paltry corner of Bowie's Tatler to — Ailing LSD The resignation last month of SBA's Ist Law Student Division is becoming too' Vice President, attended unfortunately by monopolized by cliques, too politicized by some acrimony, has served the constructive ideological purists, or too dominated by function, it would seem, of focusing people whose overriding interest is to obtain attention locally on the ailments of the ABA electoral or financial spoils for their home own Law Student Division, ailments manifested schools. Developments within our both here and elsewhere by sharp ABA-LSD "circuit" (comprising N.Y., Conn., & Vermont) sadly lend credence to these membership declines. As reported last issue, ABA-LSD reports, as circuit activities have rarely membership at this law school has declined transcended the geographical boundaries of from 140 students in 1974, when 610 the Five Burroughs and nary a circuit officer students were enrolled, to a low of 85 last has ever performed his/her responsibility to visit, or even communicate with, upstate law spring, when 720 were in attendance. The SBA executive board has proposed schools. that the office of Ist Vice President, wherein One wonders, too, whether a perception responsibility for ABA-LSD activities has been vested, be abolished, to be replaced by of the ABA-LSD as "the activist group which an elected ABA-LSD delegate, whose sole shakes the conservative ABA tree," and explicit function would be building and attributed to the new national administration maintaining the Law Student Division of the Law Student Division, is alone a locally. The proposal is indeed laudatory and sufficient raison d'etre for an organization worthy of student support, for this which aspires to be seriously heeded within important function has been relegated to the profession. In any case, though our SBA is neglect under successive Ist Vice Presidents, but such local efforts will, it seems, committed to developing better local liaison accomplish little unless accompanied by with the Law Student Division, it also some genuine introspection throughout the behooves the Law Student Division to reflect upon itself, to maybe re-evaluate itself, and entire ABA-LSD organization. Disturbing reports have, from time to definitely to commit itself to developing time, been received from our delegates to better liaisons with law students throughout ABA-LSD functions to the effect that the the country. iqsk .wo t". '• >< '. •>' '■ • ' intent when he made this statement. During his past two years here, Mr. Chamberlain has been the school's most able social satirist. While we were chuckling along with Mr. Chamberlain, others might have been laughing the other way. Stereotypes if not handled properly, can create an atmosphere where serious social criticism is frustrated, and covert racist attitudes are obscured. Our position is best stated by the position paper of the Jews for Urban Justice (See Jewish Radicalism Porter and Drier eds.). When an ethnic or racist epithet is going to be used in critiquing a social process, it is best to have such a term uttered by a member of the group who it is about. If done by an outsider, such an utterance becomes suspect. An example of this would be where historian Henry Adams described robber-baron Jay Gould as the "perplexing Jew." In reality continued on page 10 — - — volume 16,No. 2 October 9, 1975 flnininn UUIIIIUII Editor in Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Alumni Editor: Earl S. Carrel Jeff Chamberlain Contributors: Lawrence M, Meckler, Myles Elber, Cathy Staff: T.). Centner, Victor Rostow, Novack, Howard Achtsam, Andrew M. Puritz, Rosemary Roberts, Cris Carty, Philip Clarkson OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB. Amherst Campus, Duffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. �October 9. 197S The OPINION 3 Side Brooklyn PresidnTt'h Corner Carl S. Heringer by Rosemary Gerasia Roberts SUBTERRANEAN LEFT-HANDED BLUES Well,here we go again. Another year at good ol' John Lord. And I'm delighted to see that the architectural designer is at work again making bigger and better boo-boos intended soley to waste the taxpayer's {soon to be you and me) dollars. Everybody knows that grass won't grow under pine trees don't they? The Battavia Turf Farms must really be raking in the green stuff. (Sorry). The only thing which saves my sanity is the smugsatisfaction of being a senior. (How sweet it is!) Seriously though, I have a lot of interestingand useful information to pass on. Welcome to Brooklyn, the fourth largest city, home for so many, and looking so pretty. That doesn't explain the title of this column. For that there's a reason, and one that is solemn. Not everyone tells why they chose a name, but I'll tell you why, if it's all the same. I would like you to listen, it won't cost a dime; I'll make it worthwhile, I won't waste your time. In bowling you can hit the pins for a strike, hit 'em hard and from the right. Come from the left and you've done it wrong. The odds on a spare have become very long. They have a name for that that's very snide, it's called coming from the Brooklyn side. That seems to mean that right is right and left is wrong. They'll know better, before too long. Left is beautiful, left is bright, left is powerful, come see the light. Left shall overcome the shadows cast by the ages of Man, we who have been looked down upon since history began, we who have been looked down upon by those who would damn. Our elders attempt tomake us righties early in life, but many resist, through hardship and strife. Our struggles continue without surcease many great men; Da Vinci, McCartney, Don Rickles, Robert Reis. Robert Fleming, Robert Blake, now listen and weep, our people include the Presidentand Veep. We're forty million strong in the U.S. today, and it won't take us long to have things our way. Yet you insist on holding us back, blatently displaying the wisdom you lack. That is a fact that cannot be denied. The evidence is clear, every item you find. Look at the radio, television, switch on the light. Find the controls, it's all on the right. The air conditioner, toaster oven, can opener, too; the gearshift in a car is on the right for you! The list goes on and on, need I say more? Keep on reading, you'll know why I'm sore. Well, what about me? Why won't you see you see a smileand I see a frown. Everything is backwards and mirrored and upside down. The bow for the arrow, the bolt from a gun, all reversed for me, do you think that is fun? Step first with the right, I must go left. The world is all wrong, are you all deaf? The fly on my shorts, thehooks on a brassierre, all on the right do I make myself clear? The time is ripe, the day is near. We'll stop the gripe, and then you'll hear. The sound of tearing, turning, bolts of thunder, the world you know ripped asunder. We will take over and after that night, you'll get up and you'll know that LEFT IS RIGHT! I sat and I thought and I said that's how life goes. And yet as I thought my anger rose. Lots of folkssaid my criticism was good. That they would change things if only they could. Well, that's not enough, stand up and be counted. When justice is here you'll know you helped found it. The English have shouldered their share of the load, they keep their cars to the left of the road. You fancy pen makers who write with wet ink, write with your left and see what you think. Your palm will black, or blue or red, now you'll believe the things that I've said. "Now wait," you've cried, "Don't be in a huff, you've showed us those great men, ain't that enough?" Hell no, I shout, that's only the start. You must live the cause, there in your heart. We've been beaten, maligned, and persecuted too. People stare at us as if in a zoo. We're kicked at and spat on and what could be worse? A "left-handed compliment" is naught but a curse. There are so many examples, with no time to tell. I don't have to spell it, you know them well. Remember, I warned you above, you've heard it before. We're no longer hiding behind the closet door. There's more of us now, whereever you go. You can't get away, and I'll have you know; this farce you call freedom has had its day. The world will no longer jump at your say. And when the end comes, you'll give up without a fight, because in your heart, you know we're right. — — — Legal Recording and Research Bureau, LTD. A Professionally Trained Clerk Service Adapted to the Following Types of Practice: ESTATE MATRIMONIAL NEGLIGENCE COLLECTIONS REAL ESTATE CRIMINAL For more information call 854-3260 or Write: Richard Wicka 1125 Walbridge Bldg. Buffalo, New York 14202 Mr. Perl has specified thatall orders will receive - Food and Recreation First, the tables and chairs are being returned to the second floor area for those of you who don't care to savor the gourmet cuisine next door. Negotiations are taking place with the FSA to again provide hot food service in the law school next semester. There is also a good chance that the SBA ping-pong table will make a come-back in one of the old eating rooms on the second floor. ConsumerDiscount Program The SBA is pleased to announce its Consumer Discount Program for thebenefit of all law students. The program, which is similar to Purchase Power, was initiated by the U.B. Alumni Association and offered to the various student governments for implementation. The Student Association has already adopted the plan and we are in the process of setting up its administration. When completed, the CDP will cover discounts on new cars, electronic and non-electronic equipment, tires, prescription and non-prescription drugs, group banking privileges and even Honda motorcycles. The area of electronic and non-electronic products is now available. Our dealer is Audio-Haven, managed by Mr. Allen Perl. Audio-Haven carries all brand names of stereo equipment, cassette and tape recorders, TV's, calculators, sewing machines, photographic equipment and supplies, etc., ad in finitum. (Other information is available in the SBA office, Room 113). Turn of by Chris Carty prompt delivery and all products include the usual factory warranties. All orders are made by appointment only. For an appointment call: Mr. Allen Perl, 836-3937. We hope that you will take advantage of this program and that it will provide the student with substantial dollar savings so sorely needed at this stage of our career. Announcements will be made as the other areas of CDP are confirmed. Drugs and Other Things of Importance Glenn Davis, SBA vice-president and vice-chairperson of Sub-Board I, has asked me to remind you that as members of Sub-Board, every law school student is entitled to make use of the following services: Birth Control Clinic, Family Planning and Pregnancy Counseling, Clinical Laboratory, Dental Clinic, YD Clinic, Allergy Clinic, Pharmacy (this will open sometime during October and will fill all student prescriptions at a price just slightly above cost). These services are run on an income-offset basis so there is only a nominal fee to the student. More information on these and other Sub-Board services will he available in the SBA office. New People to Bug Appointments Ken Kasden, Mary Clark, - — Sharyn Rogers. - - APPC Eric Zaetch, Ray Bowie. BPRC Tom Bondy. Admissions Horace Thomas, Don Monacelli. DVF LewisKlee, Bob Burick, Tim Staufer. Faculty Representatives Mark Moretti, Judith Silari, Jack Pawlik. Minority Student Affairs Glenn Davis, Jose Sosa, Tim Lovallo. In addition to the SBA, these reps are the only means of student input into the nether regions of administrative and faculty bureaucracy. If you've got a problem, a gripe, or by chance a useful suggestion make use of them! A Reminder The SBA meetings are on Wednesday of each week, at 3:30 in Room 108. All students, faculty and staff are invited to attend. Also the SBA office has been moved to Room 113. If you've got something to bitch about come on down. - - - the Screw proval process before the loan can be disbursed. (The other two involve a credit check by the bank, and a similar, but more limited, check by NYHEAC.) The University can be characterized to some extent as an unwilling acocmplice in this process. In effect, the University has no choice but to comply, since the banks will not disburse any monies without NYHEAC approval, and NYHEAC approval is contingent upon the University statement of the student's financial awards from the school. This regulatory process works effectively since NYHEAC insures the loan while the student attends school, and without this safeguard the banks would not lend the money at less than the NYHEAC loan money altogether. Discussion has been initiated between the Law School and the Financial Aid Office to urge the increase of the Law student's budget for the individual items, and the school has asked that the Financial Aid Office be scrupulous in reporting changes in the student's financial status to the banks in the hope that it may avoid either a 3% interim interest charge, or increase the amount of the loan. However, neither of these approaches go to the crux of the $2750 ceiling the problem since neither can ultimately affect the maximum amount which a student can receive in a given year. Thus, even if the budget for law students is increased, the result would probably be an increased allocation per student of NDSL loans or Work Study grants. This increase, however, would only decrease the amount of NYHEAC loans for which the student would be eligible. The only advantage to this result would be that overall, the student would pay out less in interest since the rate of interest is lower for NDSL loans than for the NYHEAC. In any event, even an increase in the NDSL loans per student would not be very likely since the school does not anticipate an increase in the amount alloted to it for disbursement.. The thrust of this column will be to resolve some of the confusion surrounding the disparity this year between the amount of NYHEAC loan requested by students and that received. By way of a short introduction, many students who had submitted applications for the maximum NYHEAC loan ($2500), have been unpleasantly surprised to receive approval for much less than that amount. The surprise stems from the fact that last year, in most cases, with the same amount of reported income as this year, students were able to obtain the maximum loan. This year, the amount approved has been cut, in some cases drasti- going rate. cally. The reasons for the sudden apThe reason for these cuts ap- plication of this rule are only parently arises from a longstand- speculations since both University ing federal regulation enforced and NYHEAC officials deny its rethrough NYHEAC that students cent implementation. They insist that it has been operative all amay receive no more than a combined total of $2750 in any given long. Its enforcement probably year in loans or other aid. Al- stems from the well-publicized dethough thisregulation has been on fault by increasing numbers of the books for some time, it ap- students on their NYHEAC loans. parently has never been enforced Since the corporation is underprior to this year. Thus, if a stu- standably interested in limiting its dentreceives a $1000 National Di- liability for these defaults, the imrect Student Loan (NDSL), he/she position of the $2750 maximum can only receive $1750 in seems logical. NYHEAC loans. There is little that the UniversThese calculations are reported ity can do to obtain more than on the student's application by the $2750, since the regulation is Next time: a preview of Spring the University Financial Aid externally imposed. To resist Office as part of the three step ap- would deprive students of registration. — — �October 9,1975 OPINION 4 Buffalo ENDBOFTH AR "Limbus Fatuorum" of university as community, a notion which if it made sense in a college of three hundred fifty, must TheParadise of Fools" make one hundred times more sense at a mega-versity of thirty-five thousand. After all, if one ThomasBlacklock ship can cross the ocean in twelve days, it stands to reason that twelve ships can cross the ocean in one Anotheracademic year is finally cruising along, day. Just think of the inestimable cultural benefits and with it goes the inevitable crashing and of compulsory social intercourse with seventeen year complaining of adolescent students who have the old undergraduateelementary education majors. infantile notion that this school exists for their When this is understood, the groundlessness of benefit. That such wrongheadedness could exist at criticisms of the fall course schedule becomes thislevel of academia is surely a tribute to the failure apparent. The dropping of civil procedure II is of American public education. A cursory obviously a progressive educational step, as is the examination of several of the more common non-existence of a course in federal jurisdiction. complaints reveals justhow groundless and frivolous Procedure is, after all, anachronistic, and is full of they are. technicalities which have nothing to do with the For example, consider the new bookstore. The Real World. Petty rules do not a lawyer make. Think former bookstore was inconvenient, overcrowded, of it this way: you haven't lost procedure courses, and understocked. Now we have an all-new facility, you've gained time in your schedule to Implement which is inconvenient, overcrowded, and (!) the Equal Rights Amendment, or to learn the understocked. Students who complain about always fascinating Law of India. And anyway, programslike that are crazy: the new bookstore is a procedure can always be learned by doing it. Where? Why, in the fake-law clinics,of course. Besides, they victory, or didn't you see the memo? Not only is the new bookstore an obvious make our Dean so happy. The shell-game of criminal procedure was improvement, but it is directly connected to the all-new, improved cafeteria. Originally, the Law deliberate, I suspect. Our faculty and administrators School cafeteria was rumored to have been planned are concerned with the emerging image of our law for the basement of O'Brian Hall. However, it was school. We need respect, a national reputation, and a soon discovered that since the building is sinking, the big-name dean. This means that we need lots more basement couldn't pass the health laws. Also the courses in corporations and taxation, decedents' basement was required for the cages. So, last year a estates and agency, so that our graduates can take makeshift cafeteria was installed on the second floor. their rightful places in the country clubs of the This worked out all right, so it has been replaced suburbs. It does not mean that we need more courses with empty space. Giant cavernous prairies of in criminal law. The last thing we want to do is concrete and glass, while an obvious improvement, graduate lawyers who hang around with dope fiends, did not provide the high-quality cuisine to which we criminals, and riffraff like that. Therefore, the had become accustomed, so a new cafeteria opened shuffling of criminal procedure right out of your in the basement of the building adjacent to ours. schedule was for your own good: looking out for the Evidently, the building is not sinking. The new reputation of the school is really looking out for the facility is so much better than the old thatit is hard value of your future unemployment. Isn't Attica to speak of it without damning with faint praise. enough? What do you think we are, anyway? From the exquisitely designed white, windowless Antioch? Chicago? rooms, one may gaze in Pavlovian delight at Finally, there has been some perennial criticism plastic-wrapped tuna and cheese sandwiches and of the SBA. Criticism of student government is steaming heaps of mystery meat stew (makes its own always justified. However, since I am always fair, gravy) with instant mashed potatoes, lovingly unbiased, and impartial where SBA is concerned, I poured; together, over a shingle. And where else can must take this opportunity to point out that the you get a cup of bad coffee and a three-day old tables on the second floor are there as a result of brownie for only fifty-five cents? SBA political lobbying on behalf of the legitimate Amazingly, there seems to have been some interests of all the students in this law school negative reaction to the location of the bookstore without regard to race, creed, color, sex, or national and cafeteria in another building. This shows a origins. Look at them, those tables and chairs. To complete misunderstanding of the goals and my mind this is without question the most aspirations of our university. We at the law school significant thing ever accomplished by any student are no longer forced to exist in isolation from the government organization in thehistory of the world. Rest-of-the-World, for now we are connected by And it is certainly one of the two or three most corridor and necessity to the Rest-of-the-University. important things that has happened since I've been This anti-parochialism is in keeping with the concept in law school. "Thy fairest prospects, rightly viewed, — Library Orientation Law Library staff will give orientation tours of the Law Library weekdays during the weeks of October 6 and October 13. The tours will last approximately one and one-half hours and cover the organization of the library collection, basic types of legal materials, and primary indexes and digests. Groups will be limited to a maximum of ten students and sign up sheets are available at the reference desk. Puerto Rican Law Students Set Up Recruitment Efforts The Puerto Rican Law Students Association has recently elected its officers for the 1975-76 academic year. The elected officers are: President Paul Figueroa Vice-President Carlos increase the number of students through an active recruitment effort. The recruitmenteffort will consist of mass mailings to various universities, in the New York, New Jersey and Pennsylvania areas, who have a laree number of — — Treasurer - Juan Navarez - Paul Rodriguez Secretary Spanish aiuuents. Voley In the last two years, there has been a considerable decline in the enrollment of Spanish-surnamed students at the law school. Thus, one of the main goals of the _ organization this year is to ' On site recruitment will be done in the Western New York area. In addition, various conferences will be attended, whose emphasis is recruitment of minority students into professional school-.' "~* J Legislation Project The twenty-nine member Buffalo Legislation Project has embarked on another ambitious semester of project work after having completed their summer activities of accepting new members, reviewing project requests and completing a special BLP summer project with the Corporation Counselof the City of Buffalo. Application procedures for the twelve openings on the BLP were conducted over the summer to lessen the conflict with classwork and exams. All applicants submitted a writing sample and a narrative resume which was reviewed by project editors. Duririg the months of July and August numerous research and statutory drafting project requests were received from various divisions of our state and municipal governments. These project requests were reviewed by project Director Mitch Wilensky and the BLP's five project editors, Terry Centner, Marty Krutzel, John McGilliard, Al Schein and Ira Wiesner. The viable projects were then presented this September to the BLP membership and each member selected a project for the fall semester. A special legislative drafting and research project funded by a fellowship from the Christopher F. Baldy Fund was also successfully completed over this past summer. Two BLP members, Robert Murphy and David Stever, worked with the Corporation Counsel of the City of Buffalo on housing code problems of the City. Bob Murphy drafted amendments revising numerous sections of the housing ordinance, including maintenance standards, structural defects, inspections and demolition procedures. Corporation Counsel Leslie G. Foschio has informed the BLP that Murphy's revisions will be considered by the Buffalo Common Council in the next few weeks. Dave Stever submitted an extensive report analyzing which tribunal would be most appropriate to deal with violations of the housing code. This report compared the powers and experiences of the New York City Civil Court, Housing Term and a proposed administrative tribunal for housing to the present powers and jurisdiction of city, county and supreme courts for handlingviolations of the City housing code. This fall the BLP is working, on thirteen research and drafting project*. Project members work individually or in small groups under an editor and receive assistance from faculty members. If the project involves a local project source, generally at least one meeting is held with an attorney from the source. Telephone conversations and written correspondence enable the BLP to keep in close contact with all project sources. Research is being conducted on four projects for the New York State Assembly Committee on Consumer Affairs and Protection. Morgan Seeley, Alan Lichtenstein and Leslie Haggstrom are evaluating the Federal Fair Credit Reporting Act and investigating credit agency procedures in order to enact legislation which protects possible derogatory information by credit reporting agencies. A review of legislation which would require loan agreements from banks to be written in clear, concise language is being conducted by Linda Heine and Sharon Goodman. Their report will include examples of loan provisions. Larry Scancarelli, LeslieKirschner and Bill Neilson are working on legislation relating to warranty agreements that would afford consumers of New York maximum protection against unusable and defective merchandise. These project members will evaluate the Magnuson-Moss Warranty Improvement Act and determine its adequacy in handling alleged consumer abuses, particularly devective new purchases. Legislation that would require the registration of home improvement contractors so as to protect consumers against "fly-by-night" contractors is being evaluated by Ingrid Hansen and Kandy Foust. Two BLP members are working with the New York State Senate Majority Leader's Office. Jon Factor is drafting legislation and supportive memoranda to enable law students to perform work normally requiring a lawyer who has passed the bar. Dave Stever is drafting an amendment to section 480 of the Election Law which presently limits the amount of political contributions by certain organizations. The Erie County Bar Association is the source of a project concerned with proposed legislation which would have the effect of making New York a "community property" state. Bette Gould, Gail Heppell and Dave Parker will be comparing proposed New York a Senate Bill to statutes of other community property states noting differencesand advantages and disadvantages. _ The BLP has accepted two projects from the Adirondack Park Agency. Dick Glick will be drafting statutory a amendment providing civil penalty provisions and language enabling the Park Agency to administratively settle members have served as court violations by enacting civil fines. Joe Melillo is developing a statute containing express provisions allocating burdens interpreters. This program will be proof of as the issue to of "undue adverse environmental impact" and continued throughout the year. We are presently planning with providing guidance as to the meaning of this term. Ron Wainrib and Linda Zablotny are reviewing environmental several of the Spanish radio citizen suit efforts of various jurisdictions and preparing critique of programs in the area to broadcast a a information dealing with "Your New York bill. This project is for the New York State Assembly Committee on Environmental Conservation, which hopes to move an Rights Under the Law." environmental citizen suits during the coming legislative session. Three projects are providing assistance to the Erie County It anyone is interested In" Attorney s Office. Jed Macy is researching a possible county-wide law helping us with any of these which would require the licensing of projects, please feel free to door-to-door solicitors. Thiswill proper legal vehicle for County promulgation of the include the contact us, in our office, room 604. continued on page 10 i' miniMii I—in Secondly, through the efforts of the organization, various ji �October 9,1975 OPINION 5 ANLD OGUS ISPARITIES by Waterman and Bick It has long been the practice of Dr. Elliot Waterman (BA, PHD, JD, MIA) to relax, after a stimulating intellectual bout with new and daring theories, by perusing several comic books before retiring. While he preferred the intricate plot structures and delicate character nuances found in the Marvel menagerie,' he still occasionally sipped at the DC fountain, finding comfort and security in the simplicity therein. He was so occupied when a new facet of legal thought first became apparent to him, namely, what'effect would there be upon jurisprudence if the world were to number super-beings among the population? "The consequences would be terrific," the enthused acadernian told his young, first-year student friend, Mr. Zacharia Bick. "Even to remain within the realm of your limited exposure to the law, it must be obvious that some of the most cherished opinions must Mr. Bick nodded eagerly. The doctor continued. "For example, what good is Hadley v. Baxendale and the hoary concept of foreseeability if the defendent were Dr. Strange, replete with mystic crystal ball? Of what worth is either of the Wagon Mound decisions if plaintiff were the Human Torch?" Perspiration glistened on Waterman's smooth, yetsomehow wrinkledbrow. . — Fishing Lecture . - - Grand Jury . Neighborhood Legal Services , by HowardAchtsam Neighborhood Legal Services, a part of the Legal caseload, each office is normally able to give service only to people in the area. If a person lives outside al! four target areas, the Civil Division of the Legal Aid Bureau of Buffalo will handle the case for a financially eligible individual. Neighborhood Legal Services, at certain times, further limits eligibility for present services. When the caseload in a particular office becomes excessive, priority is given only to emergency cases. Examples of such emergency cases are the discontinuance of welfare payments, the threatened eviction from a dwelling, or the discontinuance of electricity. Those people desiring a bankruptcy, divorce, annulment, or separation are placed on a waiting list until the office is able to handle the matter. The operating funds of Neighborhood Legal Services, which is funded through the Legal Aid Bureau of Buffalo, has, in the past, been procured from the Office of Economic Opportunity/Community Services Administration and from the United Way. The former provided 80 percent of the funds. The amount of actual monies received from each has been decreasing, while the potential client population has been increasing, especially because of the rising unemployment rate. The people at Neighborhood Legal Services hope that the creation of the new national Legal Services Corporation will improve the continuity of the Aid Bureau of Buffalo, Inc., operates four office in the cities of Buffalo and Lackawanna. These offices are located in four target areas, each using census tracts which have the highest percentage of persons who live in poverty. Neighborhood Legal Services uses the Community Services Administration Poverty Guidelines to determinewhich people in each of the four districts are eligible for legal services. As of April 30,1975, a family of four must have an annual income of $5,050 or below to avail themselves of this service. In addition, all persons whose incomeis derived solely from public assistance, or whose problem deals with an application for, or discontinuance of, public assistance are eligible, notwithstanding the total amount of their income. Public assistance includes welfare and Supplemental Security Income, the latter providing supplemental income for aged, blind,and disabled persons. Legal assistance is also rendered to eligible non-profit groups. Eligibility for such a group occurs when it does not have sufficient funds available to retain an attorney, and when the majority of its members would fall within the income and geographic guidelines of the Neighborhood Legal funding. Services. Each office gives priority to financially eligible persons who live in their district. Because of the high Next: Staffing and Functions ©reafiurcr'a Watt Notice to all students From: Cathy Novack, SBA Treasurer Reduction of OPINION issues from 13 to As many of you already know, the Budget Guidelines for the 1975-1976 12. Reduction of maximum convention academic year, passed by the SBA body at the April 18, 1975 meeting, provided for the allocation from $500 to $300. Reducation of maximum office supplies elimination of all student fee waivers. The Budget Committee, which I chaired, from $25 to $20. unanimously recommended this policy rather It should also be noted that the student than eliminating all organizational activity fee is $15 per semester; the $12.50 college order to maintain a balanced fee is an amount assessed by Albany conventions in budget which was not severely cut. which goes directly into an Albany account Examples of other budgetary cutbacks for building and construction, and has never been subjectto SBA use or control. include: , , . "But Doctor in a system which Mr. does one go about reforming Dr. —" began includes in its judiciary a judge Bick, to little purpose and less Doom? That might become extremely touch and go, who could merely will- everything avail. "Imagine, will you," said Dr. extremely touchand go ." to be sweetness and light. Why, Waterman, before pausing to draw "Or Luther," put in Mr. Bick. with but the most minute bit of as deeply upon the pipe-stem as "Yes, yes, him as well, of energy fromhis power"ring, Green he hoped to have his students course," said Dr. Waterman, with Lantern could fix Spano's garage draw upon this profundity, "the a Hegelian wave of his hand. and dig Perini's tunnel difficulties there would be in "ButDoctor —" simultaneously!" The good doctor enforcing the penal code. Who "Can you begin, can anyone absently began to fill his pipe in would dare restrain Superman? begin to fathom the complexities that smooth, practised fashion How does one exact revenge that would spring to life if the —" Beast, which so endeared him to his pets. "Expiation." not Hawkins, had tried to Mr. Bick watched in admiration as expiation upon sue McGee?" " Waterman, with nary a fumble, Spiderman? By spraying him with "But Doctor deftly removed the seeds from the Raid? What deterrent could "Yes, yes, —" what is it, Mr. Mr. Bick scribbled furiously in aromatic mass before tamping it capital punishment effect if the Bick?" his notebook: "Reexamine down within the glowing briar punishee is immortal? And "But Doctor. What about Hadßax. Discard WagMound .." bowl. further, tell me how, oh how, Peevyhouse?" He looked up, a question taking shape, albeit rather nebulously, in his as yet fundamentally undergraduate brain. "But —" continued from page I in 1972 when a leftist coalition government But Gardarsson warned of the dangers of the attempted to "To continue," ejaculated Dr. dislodge the NATO installation at NATO block to failing Iceland. Because of support Waterman (forcing Mr. Bick to Keflavic. scramble for his handkerchief in its strategic military position, Iceland has been Iceland occupies a vital position for observation acute dismay), "the tort concept actively courted by the communist block of sea and air traffic in the North Atlantic. It is also would cease to function Should western reaction lead to boycotts, tariff a listening post for traffic entering the North Sea and effectively small contradiction barriers or other economic sanctions,.lceland would the Atlantic from the Soviet arctic ports. of terms there I mean to say be forced to turn to the Soviets for both markets that torts would no longer be and military support. This situation almost occured Victor Rostow required undergo revision." ' ~ • ■ ■ .. continuedfrom page 1 confer with attorney outside; a request to be taken before a judicial officer for a determination of was derived from an illegal wiretap or actions in violation of the fourth was derived fron an illegal wiretap or actions in violation of the fourth amendment. No witnessneed fear to invoke his constitutuional rights. The Supreme Court has reversed several attempts to sanction or punish for this reason, including dismissals. suspensionsf and disbarments. Mr. Fahringer pointed to the trend towards narrow interpretation of the Fifth Amendment (Schmerber et al), that it "risks bankruptcy" and that we, as the new wave of attorneys, should make "every effort to reinforce it." Also, he noted the dangers of waived privilege, especially if the initial interview was not as thorough as it might have been, and the questioning goes beyond where it was expected to go. People v. lanello, 21 NY2 418 (C.J. BREITEL) is an excellent detailing of the witnesses' rights, so much so that Mr. Fahringer keeps a copy of it in his briefcase at all times. waived. A court orderis necessary in Federal court. Federal courts give "use" immunity. This prohibits the prosecutor from using the grand jury testimony against the witness at some other time, but he may get an indictment in the area convered by the current questioning. "Transactional" immunity is completeprotection at any and all times from indictment on that testimony. Personal Notes Mr. Fahringer has misgivings over the current utility of the grand jury. It has lost its primary purpose of protecting the witness or accused from unjust accusations and litigation. Today it is an arm of the prosecutor, following his dictates rather than being an independant body. Mr. Fahringer feels that the process should either be restored or done away with, leaving the decision on who to prosecute to the He prosecutor, officially. concluded his well received lecture with a statement deploring the recent use of the grand jury in New York City for "fishing" expeditions, based on flimsey or fabricated evidence, in order to discover some sort of incriminating facts. There is Immunity definitely something wrong with In N.Y.S. a witness has that use of (heVrand jury, he automatic immunity, unless declared. / O:. ■'■^: i|J .If? Vn| $mmt 9m Jr m _P*t <!? a\ '. ||iv.;ifc: ■:.;tp__-_k_H| Typeset an*printed for a crisp, clear; Professional look! 50 copies 100 copies 1-page 2-page 3-page 17.05 27.35 32.25 37.65 16.25 24.75 Visit our office; see our extensive portfolio of finishedresumes! Normal turnover: 4days. 50% deposit. University Pressat Buffalo " 361 Norton Hall 831-4305/831-4215 "~i *a division a ofSub-Board I, Incorporated, student-run. not-for-profitcorporation. �From One Room to O'Brian Hall... OPINION is immeasurably indebted, for the material on which this article is based, to Gilbert J. Pederson, author of the 1962 history spanning the first 75 years of Buffalo Law School; to Professors Hyman and Newhouse, who directed the author to more recent records; and to Roy Nagle and the Buffalo-Erie County Historical Society for many of the photosreproduced herein. J. Bowie School, opened negotiations with Niagara University, an institution founded by the Roman Catholic Diocese of Buffalo, and suggested that Niagara sponsor the law school without assuming any pecuniary obligations for its maintenance. Supported by Bishop Stephen V. Ryan, the lawyer's petition was accepted by Niagara University's Trustees in March of 1887, and later in May of that year, the governing Articles of the Law School were formulated, appointing Supreme Court Justice Charles Daniels the first Dean and stipulating that "the Law Department shall in no case ask for any financial aid from the University," nor for any compensation for the faculty. On October 1, 1887, the first class of the Buffalo Law School-met in a small room of Niagara University's Medical Department, then occupying a building on Ellicott Street. The first faculty included the dozen or so founders, several judges, and lawyers practicing in the city. The first classnumbered fifteen. by Raymond In the year 1887, the* year in which the future Faculty of Law and jurisprudence was to have its modest beginnings, law schools generally were not very popular, either with the public-at-large, local politicians, or the profession itself. Lawyers were quite satisfied with the on-the-job office training which was then the usual route into the profession, while state legislators were as reluctant to appropriate public funds for legal education as they were for any form of higher education. While it is true that progressive minds in the 1880's recognized that law school had superceded the law office as the proper training ground for the profession, no law school existed anywhere in New York State west of Albany, even though Buffalo had grown rapidly in that era, with a Bar numbered at over 400 keeping pace with the increase in litigation and commercial transactions in a city of 250,000 in 1887. The University of Buffalo, somewhat unique in having been founded around its Medical School in 1846, was by 1887 contemplating the addition of academic, theological, and law colleges, the latter considered upon the prompting of University Chancellor Millard Fillmore as far back as 1862. Through the 1860's to 1880's, silentbut m persistent lobbying was conducted on behalf of a law school in Buffalo. The newly-founded American Bar Association recommended, in 1880, that local Bar Associations further the maintenance of law schools, and around the same time, an influx of "new blood" into ÜB's Council began to counteract the earlier pessimism surrounding University expansion, with the result that a committee of the Council was directed in 1886 to "investigate the subject of establishing a Department ofLaw." Negative Findings, Positive Action Investigate it did, but early in 1887, the committee presented a disappointing report, alleging that legal education was not as rigorous as medical education and hence did not require similar professional training. Moreover, the Council was asked to seek the , establishment of Cornell University's law school, then in the planning stages, in Buffalo rather than Ithaca, an arrangement which was, needless to say, not forthcoming. Perhaps anticipating ÜB's adverse report, a dozen or so Buffalo attorneys, sometimes designated the founders of the "A Happy Compromise" The type of Law Schoolenvisioned by the first faculty has been described as a happy compromise between the theoretical tendencies of some of the existing schools and the law office training which had predominated. "It is a practical school," said the Albany Law Journal of January 7, 1899. "It does not go deeply into the history or theory of law; but it points out to its students, the things they most need to know in successfully practicing their profession." JusticeCharles Daniels, First Dean Adalbert Moot, Second Dean 1887 -1897 entered the first-year or "junior" class. At the conclusion of the academic year, the Schoolheld its first graduation exercises, as eight students received the degree of Bachelor ofLaws from Bishop Ryan. As the third year began in the fall of 1889, the faculty initiated measures to separate the Law School from Niagara University, but an enabling bill introduced in the State Legislature to accomplish this later failed when the Regents expressed disapproval of the separation. Back to UB In the academic year 1890-91, however, the faculty conducted negotiations directly with the Regents for a special charter _which would allow the separate incorporation of the Law School, but when it was discovered that certain Regents policies with respect to exams would conflict with School policies, the faculty decided instead to cast their lot with the University of Buffalo, whose Council this time acted quickly to affiliate the Law Schoolwith ÜB. The graduating class of 1891 became the first to receive their degrees from ÜB, as the Law School became the University's third school, joining Medicine (1846) and Pharmacy (1886). According to Vice Chancellor Putnam, who presented 13 degrees in 1891, UB was extremely pleased with the incorporation of the Law School, terming the University its "natural home." Again, the University was not to be liable to the Law School for any debts, though by the same token, the School was permitted to retain its profits, a proprietary form of operation common to schools of the time. The first thirteen years within the University of Buffalo were precarious times in which the School strove to justify its existence, and Dean Daniels often questioned whether a school unfunded and under equipped, with volunteer staff, could endure. Imbued with this vision, twenty-one judges and attorneys lectured to the fifteen students, eventually increasing to twenty (a In 1893, the School moved again, this remarkable FTE of 1:1), most of whom time to the upper floor of the Stafford were Buffalonians. The annual tuition, Building on Pearl Street, whereit remained which remained constant until the 19205, until 1896. It was estimated, incidentally, was set at $100, and total living and that, of those studying law in Buffalo six education expenses were estimated at $200 years after the School's founding, half that first year. Some of the students attended the Law School while the others apparently took the Bar Exam after only still studied in offices. one year of attendance and did well, indeed standing "first in excellence" as After the School had moved to the newpaper reports had it. ninth floor of theEllicott SquareBuilding, Within one year of its founding, the Dean Daniels died late in 1897, and School had to petition the Public Library Adelbert Moot was elected to that vacancy for the use of one of its lecture rooms, as the School's second Dean. That same which was rented for the sum of $100. The year, the Board of Regents reported that Law School was to use the Library the Bar Examiners hadranked Buffalo Law School first among the State's seven law facilities on Clinton Street until 1893. In that second year, only eleven of the schools in terms of standards and the first class returned as "seniors," while nine percentage of successful Bar examinations. Distinguished Alumni The next year, 1898, saw the graduation of a distinguished class, among whom was John Lord O'Brian, ranked by the yearbook as the "brightest" in the class. The Class of 1899 was distinguished, however in another way, since in that year the School graduated its first women students, Helen Rodgers, an outstanding feminist, and Cecil A. Wiener, who became Erie County's first Children'sCourt judge. And among the 1900 graduates was Joseph Rosch, who was the first alumnus to be later elevated to the state Supreme Court. As Adelbert Moot was serving as acting Dean, the faculty had been searching for a full-timeadministrator, eventually selecting Christophen G. Tiedeman for the post in 1902. Tiedeman, however, died only one year later, forcing a resumption of the search into 1904, when Carlos C. Alden was chosen as Dean. Tiedeman and Alden had been personal friends on the New York University Law faculty, and it is thought that Tiedeman himself recommended Alden prior to his death. With Alden's assumption of the Deanship in 1904. began a career as head administrator that was to last 32 years and Medical College Building of Niagara University FirstHome of Law School, 1887-1888 a period of teaching which spanned 50 years. In both 1905 and 1907, all the graduates who took the bar exam passed without exception, and in 1906, Dean Alden arragned for the School to offer the degree of "Master of Laws" to students already holding the LL.B. An Active Dean As the original professors were gradually retiring, Alden was successful in replacing them with outstanding leaders of the Bar, including John Lord O'Brian, after whom the new building is named, and Charley B. Sears, to whom the new library has been dedicated. Alden himself remained active in other spheres. When Governor Charles Evans Hughes needed a counsel in 1908, O'Brian, �A History of the Law School who had served in the Assembly, recommended Alden, who took a year's leave to accept the appointment. Having served in that post, Alden was appointed one of the State's three Commissioners on Uniform Laws, to which he contributed until 1926. Moreover, he found time to mix politics with academics when, in 1912, he ran unsuccessfully as the Bull Moose Party candidate for Court of Appeals. In 1913, the School left Ellicott Square for the upper floors of the Third National Bank Building on Main Street, where it acquired three times the floor space it had' at Ellicott. From these facilities, the School could continue to boast, as it did in its catalogs of the period, of its proximity to downtowncourts and attorney's offices. Four years later, the space in the Bank Building was no longer available, though a lease was obtainable for 77 West Eagle St., in a building formerly occupied by Hoyt & Spratt. Thus, in 1917, the School moved to what would be its location until the opening of O'Brian Hall in 1973. When the faculty decided in 1920 to exercise an option in the lease to purchase the property for $45,000, it was first believed that, in as much as the Schoolstill Through this door on the third floor of the old Third National Bank Building passed tha law students in attendance during 1913-1917. received no central University funding, the faculty would have to use their personal credit to raise the money, but that same year, centralized accounting was instituted by the University and consequently UB agreed to assume the Law School's mortgage. Deficiencies Spotlighted In 1922, Samuel P. Capen was elected Chacellor of the University and, in reveiwing each school closely, found that the Law School did not "resemble the picture of the ideal Law School which has gradually been outlined by the American Bar Association," particularly in as much as the School "has not raised its entrance requirements beyond completion of a high school course and its teaching staff contains but one person whose primary occupation is instruction." Dean Alden was quite cognizant of the School's deficiencies in these areas, for he had reported to the Chancellor that "the desired type of legal instruction is beyond the conception of the student of eighteen, fresh from high school," noting that the presence of such students was retarding the rate of instruction. Alden also stressed the need for paid instructors, expressing the hope to the Chancellor that "the financial needs of v the other Departments of the University may no longer require a diversion of such huge proportions of the receipts of the Law School." Chancellor Capen believed, however, Schoolhad not been approvedby the ABA summer course program that ÜB's .foremost obligation was to promote the College of Arts and Sciences, and increased support to the Law School was not immediately in the offing. In the area of admissions, the School, following the suggestions of the ABA, changed its admissions standards so as to require, after 1925, ,one year of college study in arts and sciencesand, after 1927, two full years. The tightening of admissions standards had no effect on the number of admissions, for the class entering in 1923 proved to be so large (92) that Townsend Hall in Niagara Square had to be utilized for overflow lectures, despite what Dean Alden described as its poor acoustics. , Enrollments Boom, Space Shrinks The entering class of 1925, the largest in the School's history until the late 60's, numbered 167 and bulged the total enrollment to 334 students, creating a space shortage only partially alleviated by access to Townsend Hall. It was not until 1927, however, that the Chancellor urged that "the provision of adequate space for the Law School is now one of the nor had it joined the Association of American Law Schools. In 1921, the ABA had established minimum standards for its approval, which Buffalo failed to meet in the areas of adequate library and sufficient full-time faculty. In the academic year 1936-37, the pleas of Dean Alden over the years were finally heeded, as the hiring of four additional full-time instructors brought the proportion of full-time faculty to 3/4 of the teaching schedule. During that same year, over 3,300 volumes were acquiredby the library, so that the facility met both ABA and AALS standards. As a result of these improvements, the School received the provisional approval of the ABA and was admitted to the Association of Law Schools in 1937. The academic program also expanded its horizens that year, when mandatory moot court work was introduced for freshmen and twelve seniors received clerkship experiences from Supreme Court justices. Dean Shea's second year saw similar progress, with another 3,000 volumes provided the library, additional full-time faculty, and every senior participating in seminar instruction. A combined Business Administration and Law degree program was launched that year, allowing the granting of both B.S. and LL.B. in six years of study. Shea's second year concluded with the celebration of the School's Fiftieth Anniversary, during which ceremonies the School was described as the "Little Harvard"due to the preponderance of Harvard-trained faculty. When Mr. Justice Louis Brandeis retired from the Supreme Court in 1938, he broke up his working library and made a gift to the School of some of the more important contents, a development whjch augured well, for in that year, the provisional approval of the ABA was made final. The genesis of the future Law Review has been traced to a project undertaken by twelve juniors who, under Prof. Louis L. Jaffe in 1938, prepared case notes for the Erie County Bar Association Bulletin, initiating a program which was to continue until the founding of the School's own 77 West Eagle St Home of Law School, 1917-1948 University's most pressing priorities." A n endowment fund campaign was begun in October 1929 but was immediately hobbled by the stock market panic occurring days later. Without the funds to enlarge the Eagle Street building, the University agreed with Dean Alden that "clearly the numbers must be limited unless it should be possible to provide larger quarters," leading to enrollment restrictions during the depression years. Dean Alden had requested an increase in the School's full-time staff, but the University Council failed throughout the early 1930's to appropriate additional funds. By June, 1936, Dean Alden had reached 70 yearsof age and, under UB regulations, was compelled to retire as Dean, though retaining his professorial duties. Eulogized Chancellor Capen: "The Law School is the visible embodiment of his rare ability and his high concept of training for one of the most exacting of the learned ... Review in 1950. In 1939, Dean Shea received a leave of absence, which later became permanent, when he was appointed Assistant Attorney General of the UnitedStates, leaving Mark DeWolfe Howe as Acting Dean. That same year, interdisciplinary cooperation with other University departments was expanded to allow talented undergraduates in History, Government, and Economics to transfer in their fourth year to the Law School as entering students. Depression & War: Dark Days The year, however, also brought the frank recognition of a serious problem, the unsatisfactory record of graduates in the State Bar examinations, as indicated by the fact that only 32% of the 1938 Class passed the exam as compared to 54% state-wide. Dean Howe attributed the poor record to a policy whereby "we are admitting to the School, are advancing from class to class, and are graduating young men and women who are not _ qualified." The coming of the War to America in professions." 1941 reduced enrollment even more than Upon Alden's retirement in 1936, had the Depression, forcing a decline from Francis M. Shea, who at the time of his 200 in 1936 to 140 in 1941, with only 62 appointment was general counsel of the students graduating in 1942. Military requirements also took their Puerto Rico Reconstruction Administration, was selected as his toll on the faculty, as Dean Howe was successor. Facing antagonism from some granted a leave to accept an Army alumni who opposed any replacement for commission and Philip Halpern became Alden, Dean Shea had more immediate Dean. Total enrollment was only 52 in the concern with winning national acceptance fall of 1942, and of those 30% withdrew, for the Law School, as at the time the largely because of military service. A begun that year was to continue through the War years so that students, including those entering the service, women, and men with 4-F status, could receive the LL.B. in two years and take their place in public life at the earliest possible date. Enrollment declined even further in 1943, dropping to 35 students, women comprising 26% of the student body. Though 60% of that year's graduating class passed the Bar exam, Dean Halpern was reluctant to draw conclusions from the statistic as there were only five in that class, but he did cite a curriculum change placing more emphasis on local law and courses designed to prepare students for the exam. At the same time, the faculty stressed public law courses to cope with the increase of governmental regulation necessitated by the War. Enrollment reached its nadir of 23 in 1944, but the School strove to maintain academic standards, an effort evidenced by six freshmen being dropped for scholastic failure and seven of nine graduating seniors passing the Bar. Li ke Dean Shea before him, Dean Howe, after assisting the U.S. Army in setting up governmental systems in liberated countries, elected to return to his alma mater, Harvard, to teach in 1945, and hence Halpern remained as Dean. With the conclusion of the War, enrollment soared, reaching 119 in 1945 and bringing 200 applications for 1946 admission, many from discharged veterans. The School had been on an accelerated two-year program since 1941, and the faculty moved to return to the normal three-year schedule with the Class of 1946. With that decision, the faculty considered the possibility of two sections in the freshman class, thus allowing enrollments greater than the maximum of 150. The difficulty of securing additional faculty and the inadequacy of the library both, however, weighed against the plan, and it was dropped. In 1946, Dean Halpern relinquished the administrative reins to ascend to the State Supreme Court, upon which Louis Jaffe succeeded him as Dean. Dean Jaffe was immediately faced with the problems of a swollen freshman class and an outdated curriculum, which at that time failed to include courses in the new administrative areas of law. . War Ends, Enrollment Soars Enrollment rose sharply from 210 in 1946, to 274 in 1947, and to 318 in 1948, in which year a successful fund drive coinciding with ÜB's Centennial yielded enough money for plans to be drawn for a new building at 77 West Eagle. The faculty estimated the size of future student bodies at 200 to 250, and a three-story structure with 28,000 square feet of floorspace was laid out on the drawing-boards for the Eagle Street plot. For once, the University shared the School's concern with overcrowding, and in 1948 the Council entered into construction contracts leading to the leveling of the old structure and swift construction of the new. In the interim, classes were conducted in Townsend Hall, the County Building on Delaware Avenue, and even in the Prudential Building. Thishistory willbe continued the next issue of OPINION. in �October 9,1975 OPINION 8 Activities and Goals of Environmental Law Society Jewish Law Student News SEPTEMBER 1975 (This is a copy of the J.L.S.A. policy statement for the 75-76 year which was initially distributed to all members present at the most recent meetings. All ; students are welcome to attend.] The purpose of the Jewish Law Students Association is: 1) To heighten Jewish cultural consciousness among law students, and to act as advocate of Jewish academic and cultural interests within the law school. from left to right, and also reflects a diversity of religious commitment from traditional orthodox to non-observant to non-believing. Last year's I.L.S.A.'s accomplishments include: 1) Negotiating to amend the law school's calendar so as to conform with the observance of important Jewish holidays. 2) The filing of a complaint with a local law enforcement agency to investigate an anti-Semitic remark, made by a police officer, and directed at Kunstler. Attica attorney William 3) Acted as legal observers at a demonstration protesting the appearance of members of the 2) To lend our support and apply our legal skills to National Socialist White People's Party (1.c., the the solution of problems of Jewish community American Nazi Party), on Channel 4 T.V., groups and interests. Buffalo. 3) To make overtures to other organizations who classes in the study of are interested in social criticism and social 4) Conducted a series of Talmudic Law and is currently working for its change as minorities in America. adoption as a credit-bearing course by the law school. 4) To encourage rational dialogue concerning the Some of this year's projected goals and activities problems of peace in the middle east. include, continuing to work for changes in the academic calendar, another term of the Talmudic 5) And to actively combat anti-Semitism in Law class, working for kosher food in on campus Western New York, throughout the State and vending machines, and sponsoring speakers at the wherever we can assist in this crucial struggle. University including noted linguist and critic of American foreign policy, Noam Chomsky. The Jewish Law Students Association (J.L.S.A.) The J.L.S.A. office is Room 10, O'Brian Hall was formed in the autumn of 1974. It is chartered (next to the Moot Court Office). Anyone interested by the Student Bar Association as an official law in more information on the organization should student organization. The membership embodies inquire there. (Meeting Thursday Nite Oct. 9th 7 women and men with a spectrum of political views p.m., Jewish Center of GreaterBuffalo, Amherst. The Environmental Law Society is an organization of law or state-wide container control legislation. — work students concerned with 3. Nuclear Education with Western New York PIRG environmentalproblems on a local organizing in Energy an and national scale, and Internship Program and particularly concerned with legal Nuclear Teach-ins. issues surrounding those 4. Nuclear Reprocessing Plant, problems. West Valley, New York assist Our activities include legal the Sierra Club in its suit research on specific problems, against Nuclear Fuel Services often in conjunction with other and its attempt to expand its environmental and student nuclear reprocessing plant. organizations (such as PIRG, Adirondack Park Projects 5. Sierra Club, Buffalo Legislation assisting the Adirondack Project), educational functions Council, a coalitionof national such as the presentation of films environmental groups, whose and speakers, and informal social activities such as hikes, bicycle main functjon is to protect the Adirondack Park Private Land trips, and camping trips. In the Use Plan and the authority of past, the group has undertaken Adirondack Park Agency to such projects as drafting protect the Adirondacks from returnable container legislation, legal and surveying congressional attitudes a series of political challenges from on a plethora of environmental developers. Work could include issues, compiling a list of bills assisting the Council in its before Congress relating to food intervention in court and in and agriculture, and researching administrative proceedings. the N.F.S. West Valley Nuclear Reprocessing Plant and Delaware 6. Work on film series. 7. A tour of the Bethlehem Steel Park Lake controversies. Plant and its Pollution Control A number of interesting devices. projects and activities which we planning this include: year Of course, your own ideas for will be legislation to projects are most welcome.Please 1. Bicycle Paths allocate highway tax revenues feel free to discuss them with us to bike path planning, at future ELS meetings, or any construction, etc. convenient time. Officers are: continuing work Howard i.osenhoch, Paula Kane, Bottle 2. Bill toward the passage of county Dave Munro, Brenda Desmond. — — — — Demise in Land Use Planning by T.J. Centner The decision by the Court of Appeals in Keystone Associates v State of New York, 33 N.Y.2d 848 (1973), may raise a new hurdle for planners and municipalities in New York and severely limit future planning efforts in this state. It may now be possible to sue in the Court of . Claims for damages arising from a regulation to violate either the land use regulation before State or Federal Constitution then challenging the constitutionality the provision could be found to of the regulation. be null and void or the court In the past land owners could grant other appropriate affected by governmental land use relief. The municipality could restrictions have applied to the then attempt to draft a new state supreme court for a regulation if it felt that such was determination of the desirable and was legally possible. constitutionality of the If the Court of Claims is able regulation. If the court found the to award compensation for damages from an uncontested response would be a relaxing of governmental land use regulation, existing zoning and land use an unfavorable determination for controls and an inhibition to a municipality could mean a adopt new controls or land use significant monetary judgment. programs. Thus, this development Since these claims would be of Court of Claims jurisdiction for difficult to anticipate, damages from land use regulations municipalities might be forced to could severely limit the future relinquish some of their control planning efforts of our local and over the allocation of their state governments. financial resources. A more likely Sojourner's Truth (Sojourner's Truth is the column of the Association of Women Law Students. It will serve as a forum for the discussion of issues of concern to women. People involved with the College, would never have dreamed of opening their mouths in or office. Ideas expressed in this column do not necessarily reflect the "official" policy of the Association.) THE WOMEN'S STUDIES COLLEGE It is ironic that Title IX (20 U.S.C. 1680 et. statute designed to eliminatediscrimination against seq.), a women in education and athletics, is currently being turned against the Women's Studies College. The College is being for its use of the pronoun "She" rather than "he" in its charter as a generic term referring to people, and its exclusion of men from a few of its courses. Can the exclusion of men from certain courses be justified? It is important to understand the background of women's studies, and autonomous women's groups in general, before branding a dedicated group of feminists as "sexist" for closing off certain courses to men. The largest 213 Women in course offered by the College Contemporary Society. The course is divided into several sections, and taughtby members of the "213 Collective", a group which rigorously prepares and revamps the course every summer. Besides utilizing required readings and guest lecturers, the course draws heavily on the life experiences of the women who take it. Women are encouraged to relate their own experience to the topics studied. The course at one time was open to men, but it was found men had a disruptive effect on the learningprocess. The success of WSC 213 is evidenced by its oversubscription, whichhas 'resulted in many..women being closed out xlue.to.lack .0f... - space. One of the goals of WSC 213, and other Women's Studies courses, is to help women gain self-confidence, assertiveness, and pride. The skills and knowledge acquired through Women's Studies carries over to other areas, where women speak up coherently in classes, tackle formerly male bastions like law and medicine, work effectively and assume leadership roles in various organizations,and show an ability and desire to takecontrol of their lives., At the hearings held last year when the Colleges' charters were being reviewed, Women's Studies College made the strongest showing, attracting three hundred supporters, many of whom were men. Speakers from the College were extremely articulate, well-prepared, and able to think on their feet in the face of difficult questions from the Chartering committee. Many of these speakers were women who, before getting involved with the College, would never have dreamed of opening their mouthes in a classroom of thirty people, let alone an auditorium filled with three hundred. Each semester, the College, on its shoestring budget, contributes to the growth of hundreds of women. Its reputation is nationwide, attracting students, faculty, and visitors from all over the country. It has served as a resource for people and organizations in Buffalo, and is very active in community,colleges, and University affairs. The chartering process resulted in Women's Studies College being gi anted a provisional charter, renewable after eighteen months. The College met the conditions set by President Ketter, only to be hit with new demands from Vice President Somit. The University administration, by reneging on agreements and constantly threatening to shut down Women's Studies College, or some of its courses, has caused the College to expend a huge amount of timeand .£ae._gy_.de.ending.itself. It is a tribute to the fortitude of the College that it has been able to sustain high quality educational programs while fighting for survival with each new attack. The purpose of Fourteenth Amendment Equal Protection and anti-discrimination legislation can most reasonably be seen as an effort to protect members of those classes which have been traditionally discriminated against. The Supreme Court, in Kahn v. Shevin, 93 S.Ct. 1734 (1974), upholding a Florida tax exemption granted to widows but not widowers, recognized that legislation which alleviates the burden caused by past discrimination may not necessarily be violative of Equal Protection when it operated in favor of the historically oppressed group. It cannot be argued that women in the University of Buffalo (where they comprise only 17% of the faculty and of the administration) are an oppressed group. The 0% affirmative action plan proposed by the administration calls for decreasing the number of black people and women in certain sub-divisions including the Law School. The "Plan" takes the number of female lawyers in 1970 as an "Availability pool" and, finding 4.6%. of lawyers were women in 1970, projects that withtn five years the number of women on the Law School faculty should be decreased from five to two! We would hazard ah educated guess that the University's plan is unique in misconstruing affirmative action to mean a limit on the employmentopportunities of minoritiesand women. - , Women's Studies College has acted as an "affirmatvie action" program to remedy past discrimination, and it is hard to believe attacks on it by the University administration charging "sex discrimination" are in good faith. �October 9,1975 Introducing ... OPINION 9 BALSA Meets The Black American Law Students Association (BALSA) of Buffalo Law School held its first weekly meeting on September 9, 1975, to determine some of its programs, goals, and ongoing commitments for the 1975 1976 terms. The officers for this school year are Brent L. Wilson, president; Gerald A. Hudson, first vice-president; Eric V. Turner, second vice-president; and Charles L. Wilson, secretary. Lee A Albert — he was Editor-in-Chief of the Yale Law Journal. Upon graduation, Prof. Albert clerked for Mr. Justice White of the U.S. Supreme Court. From there, he taught law in the London School of Economics and Political Science; became an assistant U.S. attorney for the Southern District of New York; went to Columbia University where he lectured in addition to being the Project Director for Among BALSA'S upcoming the Columbia University Center on Social Welfare Policy and Law. goals is the operation of a viable This semester, Prof. Albert is teaching Administrative Law. Next semester he plans to minority student recruitment teach Constitutional Law and a seminar in Social Legislation; dealing with welfare and program, which will be jointly sponsored with the Puerto Rican health care. There is also the possibility of a seminar in Separation of Powers. Prof. Albert serves as a consultant to the Administrative Conference of the United Law Students Association. This project will be States, a semi-official government-funded group formed to study and recommend changes recruitment designed to attract minority for the improvement of the Administrative process. Based in Washington D.C., outside students from all areas of the consultants undertake various projects for the group. He is also involved with the Association of Ajnerican Law Schools, Section on Administrative Law. His many include issues of presidential powers, administrative law, and taxation. His hobby is skiing, and basketball games are his favorite T.V. viewing. country. Plans and preparations are also underway for the formation of a tutorial service, in which first-year students can receive academic aid from professors and upper class students to supplement their classwork. Professor Michael Davidson, chairperson of the Minority Students Affairs Committee, has assured his committee's cooperation and assistance with the implementation of the recruitment and tutorial programs. New students are welcome to BALSA, and are urged to take an active participation in the plans and activities. Meetings are held every Tuesday from 11:30 to 12:30, in room 106 of the law school. Abortion Symposium »lications Martin E. Lybecker An adjunct Professor of Law at Georgetown University Law Center, now a visiting Professor of Law, Professor Lybecker has an extensive background in taxation, corporate and accounting law. Receiving a 8.8.A. degree with honors from the University of Washington School of Business Administration, he then got his J.D. from the University of Washington School of Law in 1970. At the same time, he served as a lecturer in the Dept. of Accounting of his Seattle alma mater. He received an LL.M. (Taxation) from N.Y.U. in i. /1 ariu iciuirieu lo .eattie that summer as an associate attorney with a firm there. He then went to Philadelphia, where, while a part-time associate, was also a Graduate Fellow in the Center for the Study of Financial Institutions and the_Securities Markets. In May of 1973 he got an LL.M from the University of Pennsylvania School of Law. Professor Lybecker then served as an attorney for the Office of Chief Counsel, Division of Investment Management Regulation, S.E.C. Washington D.C. This semester, in addition to teaching Corporations, he has teamed with Professors Greiner and Spanogle in offering a series of non-credit lectures in accounting for law students an area in which the need for such a course has been sorely felt. Next term he plans to teach Securities Regulation, and a seminar in Business Planning, coaling with problems of corporate, tax, and securities law, providing a "realistic view of a lawyer's work in these areas, bringing relevant.legal documents to bear upon an actual problem ."Also planned for the 1976-77 year is a seminar on the Regulation of Financial Institutions and Institutional Investors, to deal with the different financial institutions in our society having the same functions, but operating under "differing regulatory structures with various degrees of success and constraints.. ." Outside of O'Brian, Prof. Lybecker is involved with a round table called the Buffalo. Federal Securities Law Group, which follows legal development in their field. Also, he is assistant to Assistant Reporter part 9 of A.L.I. Federal Security Code Project, Victor Brudney of Harvard. His hobby is photography,and his favorite T.V. show is "Upstairs, Downstairs." — .. . Joan Hollinger iiiii nysba PANELS SPEAKING AT THE NEW YORK STATE BAR ASSOCIATION ONE ELK STREET. ALBANY, N.Y. 12207 AS A NYSBA LAW STUDENT MEMBER, YOU'RE ENTITLED TO: •• • • The Journal The State Bar News Admission to all Association, Section and CLE programs at special rate Life insurance at unmatchable low rates (NO MAILINGS JUNE THROUGH AUGUST) $3.00 DUES DATE NAME_ — MAILING ADDRESS LAW SCHOOI DATE OF BIRTH headlines. — year of law school and expect to I am in my of If elected will graduate in 1 abide by the Association's Constitution, Bylaws and Code ofProfessional Responsibility. During Clark Kerr's transition from President of University of California to Chairman of the Carnegie Commission on Higher Education, she served as his speechwriter and editor. She came to Buffalo in 1969 when her husband joined the U/B faculty. In 1971, after her son's birth, she started Law School. The '72-73 year was spent at Berkeley, where her daughter was born two days before the start of the second semester. She completed her J.D. in 1974 and went to work as an associate for the firm of Setel and Dopkins in Buffalo. Ms. Hollinger is now teaching Gratuitous Transfers. If the faculty reinstates a first-year writing program, she may be the coordinator. The issue will be before the faculty again continued on page:lQ THE OF ■ The Law Digest Originally from New York City, after attending Bronx High School of Science, Ms. Hollinger attended Swarthmore College in Pennsylvania. There she became deeply involved in civil rights activities in Chester, Pa., Philadelphia and Washington, D.C. She received an M.A. from the University of California at Berkeley in American and English history, and there in 1967 she taught as an associate in history and social science on the undergraduate level. Prior to this, in 1965,she worked in President Johnson's anti-poverty program, developing alternatives to mass housing projects for lownncome families. Also, she was involved in a survey of comparativesupermarket pricing of suburban vs. inner-cityareas, and the results were published in New Republic, long before such topics made nationwide She is now on the Board of Trustees of the Park School (a local priv„te K-12 school), ONE ABORTION SYMPOSIUM HELD IN O'BRIAN HALL SEPTEMBER 19 & 20. VARIOUS PERSPECTIVES ON THE ISSUE OF ABORTION, BOTH SOCIAL AND LEGAL, WERE COVERED DURING THE WEEKEND PROGRAM. I • u»_ ■ ..' , .. SIGNATURE ' �OPINION October 9 1975 J 10 BLP New Faculty ... continued from page 4 continued from page 9 , ...... a;m. ...... 1 care for pre-school children. regulation. An amendment to the New York Real Property Tax Law and one of her chief interests is in child development and child a comprehensive concerning demolition costs of abandoned structures is being drafted She is involved with a small program in her own home which offers by Tom Collins and Joe Broderick. It is the desire of the County to years old. Ms. Hollinger likes to include this amendment to five up for youngsters of and activities program games a provision to make the owner liable for the in relax by cooking, and has indicated no preference for any T.V. program. demolition costs incurred by the county. Dave Deutsch is reviewing the legality of legislation that will require automobile dealers to post "no appraisal" stickers in the windows of automobiles equipped with "no appraisal" tires. In conjunction with their BLP work, project members are participating in two seminars on legislative drafting. The first seminar Now serving as our full-time placement director, Mr. was conducted by Professor Janet Lindgren, the BLP's faculty advisor. Carlisle has had a varied background since receiving his ).D. in A portion of the second seminar on Wednesday, October 15, will be to specific problems that students have encountered on their 1969. A dean's list undergraduate at the University of devoted individual research or draftingprojects. at the attended law school Angeles, at Los he California First and second year law students interested in the BLP's University of Exeter, Exeter, England, and at the University of activities should stop by the new BLP office in Rooms 643 and 644 on for He received awards excellence the bridge between O'Brianand Baldy Halls. California at L.A. and Davis. in writing, while serving as a teaching assistant in the History Advisor and Department in California, and Resident Administrative Assistant for the Dean of Students, also at the the School of International Affairs and continued frompage 2 university or aiirarma. ruuowing that, he went to Gould came from a Massachusetts Chamberlain's arguments are Institute of Latin American Studies at Columbia University, while serving as resident Bay area family that went almost Mr. empirically correct, his as far back as the Adamses. More blunderbuss use of stereotypes Before entering private practice in New York City in 1973, he served as an associate recently the Symbionese fails to ask more probing and Crout Bigbee, Byrd, Carpenter and with the firm of Coppola and D'Onofrio (NYC) Liberation Army, a majority of questions. Many social whose members were white, commentators have accepted the (Santa Fe, New Mexico). He has been admitted to the bar of both states. rights stereotypes as a given, but have Mr. Carlisle has great plans for the Placement Office, and his goals are perhaps best accused West Coast civil leader, Marcus Foster, of being an pierced the veil of such described in his own statement: "uncle torn." Later when Foster stereotypes to raise larger social "In order to effectively develop the placement program, it will be necessary for me to was assasinated by the S.L.A., the questions, indict the society that spend a great deal of time with prospective employers and other contacts whose activities S.L.A. was condemned by the relegates people to class roles, and may directly or indirectly benefit students seeking full or part-time positions. I am also black community of San give to each of us a greater insight interested in personally seeing as many students as possible and I will make every effort to Francisco. In both these examples into the human condition. A the invocation by proxy of a Shalom Alechem, or a Richard adjust my schedule to meet with students at whatever time we find mutually convenient." racial epithet, stiffled serious Wright, inspires sympathy for all discussion, and gave a false characters, the oppressor, as well consciousness to the people as the oppressed. Mr. Chamberlain did not involved. devote the time necessary to Park, Oak Mr. Carl Hosticka was born in the town of Park is shatter the myths and put us up may Oak also be law While there Jewish llinois outside of Chicago on June 21, 1944. students interested in managing against the harder questions. It is loted as being the birthplace of Ernest Hemingway. from Brown slum property, recent our policy that if a writer does Mr. Hosticka received his BA in Philosophy commentators on inner city not have time to deal with the Jniversity with Dean's List Honors in 1865. He is currently housing problems have said that characterizations described above, working on his PhD dissertation in the field of Criminal Justice the stereotype view of what is a then it is encumbant upon him to Technology. of rom the Massachusetts Institute slumlord may often be the leave them alone. After graduating from Brown, Mr. Hosticka spent two incorrect one. (See Sterlieb's The on in Corps Nepal working the Peace Respectfully, /ears as a volunteer in Tenement Landlord). Further, we where he ~are quite sure that the Fortases Jewish LawStudents Assoc. communuy uc.c_. ~_„. ...- wheat and apple production. He then went to India with the Peace year spent the He another with Mr. Corps. disagree Peace would spent three years as anadministratorfor one of Chamberlain's contention that "Mr. Chamberlainreplies: JLSA is Corps as an administrator in Washington, DC. During his stay in India, he became use in dairy only WASPS are interested in correct; Jay Gould was not America's foremost experts in the breeding and raising of water buffalo for practicing tax law. But, even if Jewish." production. that time he has been guiding Mr Hosticka came to the law school in June. Since Justice system. He is students in a federally funded field research project on the Criminal science now teaching a seminar on field research in the Criminal Justice system from a social -..i c Jay C. Carlisle II . JLS... Carl Hosticka : , , ... perspective. - Wednesday, October 15 Workshop on School Children's Rights 7:30 Room 106. Mary Lang, former president, Association for P.M. Children with Learning Disabilities, Western N.Y. Chapter, and Prof. Wade Newhouse, panelists; Prof. Norman Rosenberg, moderator. Coordinated by Law Spouses. - - - __ Thursday, October 16 Workshop on Consumer's Rights 7:30 P.M. Room 112 Eve Galanter, consumer activist, Bruce Schmidt, Assistant Attorney General, and Prof. John A. Spanogle, panelists; Prof. Marjorie Girth, moderator. Coordinated by Law Spouses. Friday, October 17 Observance Set sociologist. Court R<)om - - - "One Family Two Careers" 2 P.M. Moot Dr Barbara Bunker pSvcho|ogist; Dr. Adeline Levine, TA/nmPn vv umcn '<! Ypfl. uui m SlCl We're Committed - "Women in Higher Education" 3:30 P.M. Room 106 Dr. Marjorie Farnsworth, author of A Young Woman's Guide to An Academic Career, Dr. Marjorie Mix, Assistant Professor, Faculty of Educational Studies. Commit Yourself -- "Possible Effects of the Equal Rights Amendment" 1 P.M. Moot CourtRoom Phyllis Kelly, member of the U/B Council; Grace Ange, Barbara Handschu, Elaine Salvo, Diane Woepel, and Marilyn Zahm, practitioners. Ms. Ange will serve as moderator of the discussion which will cover issues in the fields of criminal law, family law, poverty law, employment law and property and credit, Coordinated by the Association of Women Attorneys. Saturday, October 18 - Fillmore Rm., Norton Hall "Evening with 'Friends'," 8 P.M. (pending budget approval) a 7 member all-women rock band from Syracuse Admission Free. Beer and Wine on Sale. S.B.A. co-sponsored. the Buffalo The University welcomes attendance by all members of metropolitan community at the International Women's Year functions. October 14-19 on all For a complete schedule of events from campuses, please consult the October 9 Reporter and the Spectrum. 11 »_>« i«« .-£ tti»_»• �October 9, 1975 OPINION 11 Odds on Next Semester H* Property SI Blumberg H Q 13 58 1 8 58 10 22 76 14 10 60 8 D F TOTAL 2 74 Arbitration Hyman 7 19 26 76 Corporate Reorg. & Div. Del Cotto 5 7 12 11 12 23 5 7 3 3 8 10 9 6 5 11 6 5 11 4 13 17 5 9 15 2hrs./Seminar 2hrs./Fall 2 2 2 1 Fund, of Municipal Law 12 13 5 16 1 23 Property S2 Greiner Property S3 Goldstein 3 115 Const. Law SI Newhouse 78 Const. Law S2 Hyman 10 60 71 8 Const. Law S3 Mann 23 53 6 4 27 2 34 Administrative Law Gifford 25 29 10 64 Appellate Practice Desmond 14 10 1 83 Federal Tax I Greiner 1 24 2 1 II 15 18 Const. Law IV Mann Intro to Int'l Law Buergen thai 9 18 3 10 30 7 8 16 1 31 Criminal Procedure H. Schwartz I Evidence SI Bell Correction Law Clinic H. Schwartz Wolfgang Educ. Law Clinic Rosenberg (6 crdit course) 2hrs./Spring Kaplan 4 2 12 1 25 7 18 1 25 109 Law & Public Education Newhouse 6 19 112 Prob. in Low lncome"Housing Davidson Davidson 7 7 15 15 luvenile Courts 8 19 1 34 72 2 23 98 6 2 129 10 66 9 5 92 2 52 13 31 6 10 79 4 Estate Planning Mugel 24 27 30 ,59 11 200 5 22 4 31 22 52 16 90 Jurisdiction Const. & Foreign Allans 52 Adv. Prob. in Crim. Burns Philosophy of Law 1 N.Y. Practice Hornburger 5 15 Comm. Transactions I Schlegel 17 11 119 6 5 14 3 22 4, 7 140 1 23 2 Antl Trust Law Gifford 8 1 Data Banks & Privacy McCarty Civil Procedure II Kane 2 10 17 American Legal History Lindgren 9 6 15 1 5 9 2 9 6 17 4 18 22 1 2 4 7 4 1 12 1 34 29 11 11 14 63 14 19 12 48 2 1 4 5 Newhouse Inc. Taxation Estates & Trusts Joyce Crime & Community Katz Hegel Phil. Law & Marx Critique Franklin 20 35 4 5 9 64 Mental Illness & Criminal Law Allen 3 6 9 25 Social Theory of Law Galanter 2 4 1 19 5 28 4 15 2 21 20 21 86 33 4 3 8 Goldstein Women & the Law Blumberg 4 t Consumer Protection 9 4 Spanogle 1 10 32 5 69 45 7 11 1 6 5 16 .. . .17 9 27 t it 16 Legal Prob. of Public 7 SUMMER SESSION 1975 Federal Tax I 4 ~ Collective Bargaining In Government Newhouse Const. Law III Reg. of Advertising Schlegel 7 Justice Greiner Civil Procedure II Slemer Judicial Process 30 11 72 Trial Technique Girth 3 23 23 Formal Model & Methods in the Legal Process McCarty Comm. Transactions II Debtors Rights 1 1 Schools Federal Tax II Del Cotto Staff 25 SEMINARS 93 Gratuitous Transfers Spanogle Rosenberg Buergenthal Joyce 25 12 92 1 3 3 3 Privacy in the 20th century Kane Evidence S3 Birzon Bell 1 1 1 Legislation Lindgren 15 1 1 24 Evidence S2 Allen Products Liability Boyer S4 Hollander Swartz I Corporations Fleming Federal Katz 9 Prob. in Child Custody Galanter Burns 51 Boyer 52 Kaplan 53 Holley 54 Hollander 47 Legal Process Criminal Procedure Simulated Law Firm Crim. Law & Proc. Clinic Conflict of Laws Holley Counseling Small Business Zimmermann Mann 2 14 3 Evidence Degnan 1 11 36 3 Labor Law Kochery 2 52 23 23 46 Land Transactions Bowmar 6 37 43 New York Practice Homburger 4 16 3 23 �October 9,1975 OPINION 12 The Heck with Meek by Lawrence M. Meckler When I was firstasked to write a sports column, I asked whether I could do that in place of a seminar. After being told no, in order to get revenge, I decided to write a column anyway. I loved the New York Jets. I had felt this way since 1965. The last couple of years I've repressed this feeljng as the Jets have been consistent losers. This year I was no longer to be a closet Jet fan. I was convinced this was their year and was predicting them to go all the way to the Super Bowl. My first article was to be dedicated to the New York Jets and how they were going to excite the football world. However, I went to the season opener where the Jets lost 42-14 to the Buffalo Bills, The Jets looked as exciting as the CPLR and don't even rate the Opinion Newsletter. Duane Thomas, Richie Allen, Jimmy Walker and Alex Johnson have all been known as "bad guys" in sports. Yet, they are four of my all-time favorite athletes. They didn't submit to ownership demands and they tried desperately to maintain their individuality. They are tremendous ballplayers who created great interest in what they did, which was anything they wanted. They may have expressed themselves in strange ways at times, like Jimmy Walker playing an entire basketball game without taking a shot after being criticized for shooting too much. Richie Allen changed his name to Dick Allen to achieve a new identity, but then changed it back to Richie Allen when he came back to play for Philadelphia, a city he hated for so long, but the only place he would play. Alex Johnson would never speak to anyone when he wasn't not running out ground balls. Duane Thomas the King of Inane-ism uttered that immortal word "Evidently" after Dallas won the Superbowl and interviewer Tom Brookshire asked him a three minute question. Anyway, last week the New York Knicks signed a potential great "bad boy" in Larry Fogel. Let's hope Larry can live up to the legend of a Duane Thomas or a Richie Allen. During the winter in Buffalo all you hear on TV is that Tuesday the Buffalo Sabres worked on defense and Wednesday they worked on offense. This year I feel they should work on offense on Tuesday and defense on Wednesday. Then after every workout each player should , SPORTS The Magic Act MYLESELBER Opinon take a hockey puck, put it in a paper bag and wave it over his head like a chicken. I don't like hockey. Frank Robinson may have been the first black manager in baseball, but there has yet to be a black thirdbase coach. Jim Gilliam, Larry Doby, Ernie Banks, Johnny Lewis, Elston Howard, Tom McCraw and Willie Mays have all coached first base but the world is still waiting for some major league team to take that big step and name a black man to coach third base. Hopefully, the Oakland Athletics will win the World Series again this year: Oakland has won three straight baseball championships and is the only legitimate baseball dynasty since the New York Yankees. Being a New York Met fan, I would like to see the Mets break the Oakland dynasty, but the Mets won't get a chance. Unfortunately, not only will Cincinnatti beat Oakland and win the World Series,but they may also start their own dynasty. Manager Sparky Anderson has stopped worrying about the VietnamWar and the social status of New York City and is enjoying the play of Johnny Bench, Pete Rose, the 1975 National League MVP Joe Morgan and the Comeback Player of the Year Gary Nolan. With an incredibly improved bullpen and other stars such as Cesar Geronimoand Don Gullet, the Cincinnatti Reds will remain on top until the New York Mets get themselves togetheragain. There are many reasons for not betting on horse races. The best reason is that you start off a 17% loser. All horse racing tracks take approximately 17%off the top, or for every $100 bet the track keeps $17 which it shares with the state. Off Track Betting takes an additional 5$ off the winning price of horses after the track has taken its percentage. This 5% OTB take can be as much as 50% of your winnings. If a horse on a $2 bet pays $2.40 to win, OTB takes 5% of $2.40 to the lowest 20 cents denomination. Here, that would mean a payoff of $2.20 which is 20 cents out of your 40 cents winnings or a 50% tax. Add this to the 17% taken out by the trackand over 50% of your winnings is taken by the various authorities. All this means nothing if youdon't bet or if you lose all the time. Thisis just to point out how the odds are stacked against you and thereforethe foolishness of betting on horses, especially at OTB. However, if you have any hot tips, please send them to Larry Meckler, c/o Opinion. This column will deal primarily with sporls. Initially, we would like some feedback on creating an intramural touch football league within the law school. Hopefully, there will be another law school basketball league with an expansion in the number of teams that can participate. We would also welcome any suggestions about co-ed and/or womens' activities. The problems as always will be facilities, scheduling, and dollars. Right now the law school and the S.B.A. offer next to nothing in the way of sports, so there is a hell of a lot of room for improvement. This year autumn has brought us a brief football strike and some more absurd decisions by the NCAA. It also brings the World Series and the beginning of the journey to the Super Bowl. Hopefully these events will provide a pleasant escape from the doldrums of O'Brian Hall and the reality of lousy job prospects. Of course, with the increase in agents, arbitration, and sex discrimination and league jumping, lawyers have moved into the forefront of sports. The image of lawyers has attained the same level as it did after Watergate. Ah, if only they knew how rough it is! Moving on to important things we will now offer our fearless predictions about the football season. We expect another dull year with a continuing dominance to defensesand even more conservatism on the part of pro footballcoaches. It's disgusting to watch teams punt from their opponents thirty-five yard line and throw "dump" passes to avoid thehorrors of the zone. In the A.F.C. Oaklandand Pittsburg look like winners.Denver and Cincinnati might present some challenge but both lack defenses that can bring a championship. The rest of the teams in these divisions are mediocre at best, with only Houston showing signs of moving towards respectability. The Eastern division should be the most competitve. Baltimore is much improved and is capable of reaching .500. New England, the team of rebels, will be hurt too much by the loss of Plunkett to stay in contention. The Jets as usual are overrated. Namath is not God and the Jet defense is very suspect. Miami has lots of problems with injuries and of course its losses to the World Football League. Don Shula is a master and he'll be able to prove it again this year. This leaves us with the Bills. The Bills can win the division. Their offense is tremendous even with the loss of Rashad. They have problems though, especially behind their defensive line. Get well Tony Greeneand let's hope those Nebraska rookies are competent. The N.F.C. also has two non-races. The competition for the Rams and Vikings is non-existent. It will be interesting to watch the development of James Harris, and Steve Barlowski. Again the East is the most competitive. We can't see the Eagles or Giants as contenders, but the Cards, Cowboys and Redskins should be very even. The Cards are the same team as last year and will be out to I prove that 1974 was not a fluke. The Cowboys have had a vast change in personnel but they still have incredible talent, especially in the defensive line. Will this be the year the old men die in Washington (the Redskins, not Congress) or can they do it again and make the playoffs? It will probably be the latter, with a rugged defense and a good passing offense. The Super Bowl will be Oakland vs. L.A., with Oakland finally escaping its albatross and winning it all. Again, we would welcome any suggestions or comments about improving law school sports activities. Just write The Magic Act, c/o OPINION. The First SBA Party of the Year will be held Thursday, October 9th at 3:30 in the afternoon. , Location: FANNY'S Sheridan Road near Millersport Highway. Free mixed drinks, Labatts beer, roast beef on week and snacks. Students, staff and faculty invited. Students should bring Law School I.D. od schedule cards for admittance. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f0342425408e48159ed813420720e3b.pdf 1169b9552670e411b101354f55ef98d7 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion State University of New York at Buffalo School ofLaw Writing Skils Program Openned for First Yere Students worked out, the overall structure Mark R. Hdlerer of the program has taken shape. As noted in the last issue of Dual Approach Essentially the program will OPINION, the law faculty approved a research and writing take on a dual character. Four to program for the first year students five faculty-instructed groups of at its October 1, 1975 meeting. fifteen students will combine Although not all the research with instruction in administrative details have been substantive law fields such as legislation, privacy and judicial process. These will be similar to the small group electives offered in past years and will carry four credits. The rest of the first year students will be placed in writing groups of fifteen to be taught by upperclass students. Since the student-taught groups will Parole System: Verdict Guilty order to draw upon the first year Organization of Student-taught students' background in contracts groups and torts. Additional introductory Ms. Joan Hollinger, a graduate materials will be provided to of the law school whois currently supplement the first year a law lecturer, has been appointed coursework in this area. to supervise the student-taught Attention will be focused on aspect of theprogram. In this role she will be assisted by a faculty advisory committee which will aid in the selection of student teachers and writing projects. The student teachers will be selected on the basis of proven writing ability and personal interview. They will participate in an intensive training program to be directed by Ms. Hollinger prior to the spring semester and will meet with her weekly to coordinate the progress of the program during the semester. Asremuneration for their efforts, student teachers will be awarded a $1000 stipend. byDVF On October 21, Prof. Fredrick Cohen of the S.U.N.Y. at Albany, School for Criminal Justice gave a guest lecture advocating the abolition of the parole system. Contrary to the idealistic underpinnings of the system, parole has been a dismal failure. Rather than acting as a rehabilitative system parole is being used as a means of social control. One need only note the mention made in the McKay Commission report on the Attica Rebellion, that thearbitrariness of the parole system had become a source of bitterness among the inmates against the institution as a whole. Because of the valuable social control aspects of parole, corrections officials throughout the country jealously guard against any attacks on the parole system. Usually their defenses take the form of stating that the system is not working because of lack of time and resources. In reality the parole system cannot work because of lack of time and resources. In reality the parole system cannot is a morality play where the supplicant promises that he will not repeat his wrong. The system has become a revolving door where parolees are eventually brought back to confinement, proving that supervision is a worthless exerciseunless the former inmate can become self-sustaining in the community from whichhe was taken. In fact the status of being on parole strips the parolee of such constitutional safeguards as the protection against searches conducted without probable cause. Often if police feel that someone on parole has committed a crime, they will contact his parole officer. The police will then accompany the officer to the parolee's living quarters where the officer will conduct a search for the evidence. In fairness to the parole system, Mr. Cohen stated that parole boards are doing the dirty work for courts and prosecutors. Parole has become a vital part of plea bargaining. Judgesor prosecutors out for headlines can render what seem like harsh verdicts in terms of the absolute prison time served. In reality the granting of parole tends to equalize the excesses between a "hard judge"and a "soft one." Due to the fact that the majority of members on a parole board have prior experience in the area of law enforcement, they have a good deal of savvy in detecting whether someone has been given an excessiver verdict. Contrawise because of their backgrounds, they are apt to judge an inmate very harshly before they return him to the community. Also, while board membersare supposed to take Into consideration only the crime that the inmate was sentenced for, they realize that plea bargaining has emphasize writing skills rather Three to five writing projects than new substantive areas they are envisioned which will deal will carry three credits. The with various legal documents such selection for admission into one as opinion letters, memorandaand of the two groups will be made by briefs. These will probably be in lottery. the field of products liability in Qass Structure Student writing classes will meet twice a week for ninety minutes through the spring semester. Provision will also be made for monthly individual conferences with group members. the needs of the individual student through the small groups, individual conferences with the student teacher and the opportunity to redraft assignments to incorporate teacher comments and suggestions. Opposition to Plan Since the unveiling of the new research and writing program opposition has grown among a number of students. Concerns range from the inequities of the dual system of faculty and student-taught groups to the lack of faculty supervison and the small stipends provided for student teachers in the latter program. Several students have threatened legal action to enjoin the program as structured but there has been no response to their demands as yet. . Students Confir on Writing Corses photo by skinner taken place and will look at the crime the inmate was originally charged with. In effect the decision is made on the basis of the original charge. Considering the seriousness of the matter, parole hearings are surprisingly short. Empirical studies in New York reveal that most board hearings take approximately twelve minutes. Rarely will a hearing run more than twenty minutes. Mr. Cohen actually observed hearings conducted by the Pennsylvania Board last summer and found that the average time was approximately the same. Ideally parole is supposed to work as an end to a prison term which has accomplished its purpose, i.e. rehabilitate. As Mr. Cohen stated, "That the corrections systems of the UnitedStates have failed, is something you'll find the Chief Justice as well as the late George Jackson agreeing about." What then is the alternative? Clearly the courts, and not the corrections departments, should be faced with the hard problem of "Whom do we keep in confinement?" To put courts up against this Mr. Cohen would wantto see established a constitutional standard that no defendant couldbe deprived of his right to return to the community after a sentence has been rendered, until all alternative forms of • - continued on page ten A meeting was held on more narrowly geared to writing Wednesday, October 15 by first year law students concerning the proposed First Year Writing Program. Academic Program & Policy Committee Representative Ray Bowie explained the tenative skills than the small group program." Student sentiment at the meeting was decidedly in favor of the APPC proposal, although some expressed students program. dissatisfaction with the proposed "low" salary of the student Approximately 180 students $1200 per will be taught by student instructors ($lOOO semester) and the lack of any faculty under instructors supervision. remaining inputby first year students in the The students will be enrolled in the selection process of the student small group electives taught by instructors. The salary range, however, is considered quite faculty members. adequate by many students Four credit hours will be interested in applying for the awarded for the small group student instructor positions. program compared to three hours Further discussion of the for the students staffed program. writing programis planned for the The student staffed program, upcoming APPC and Faculty according to an APPC report, will meetings. be "more limited in scope and Jack Pawlick - �October 30,1975 OPINION OPINIONS ours On the Library yours diSBArred To theEditor: This year the hours of the library have been cut by about ten hours a week. For many students, this cuts deeply into their allotted time for studying. We realize that the university and the state are in a financial crisis. However, this is an area that we cannot afford to have cut. Speaking of the library, we are thankful that the second photocopy machine has returned, in time for the final exam and paper period. Now if only something could be done to improve the poor quality and service of the older machine. The track record of the new machine is predicted by the library to be better than of those in the past. We'll let the next few weeks be the judge of that. Speaking of final exams, etc., there is the continuingproblem of non-law students using the library. This has led to crowded and noisy conditions. Now that the exam periods of the university are no longer staggered, when that time comes the situation will not improve. If the study areas in the dorm complexes and other buildings are so insufficient as to require use of our facilities, and all that is asked for is a quiet place to study, may we suggest setting aside a first floor classroom, especially in the evenings, to be designated as undergraduate/non-law study centers? That will leave available space for use of law books to those who must use them. . 2 On the afternoon ofThursday, October 23, the SBA held its regular weeklymeeting. Among the items under consideration was the issue of whether a particular student should be approved to serve on the school's admission committee. This student had received preliminary approval from the SBA appointments committee, and would, no doubt, have been approved in due course by the full SBA body. However, prior to that time, a charge was made that the student had recist attitudes, and consequently should not be approved. This scandalous accusation naturally attracted the attention of various other law students who knew and liked the student in question, and were aware that this was a totally false protrayal of him. Therefore, some of us made it a point to be at the SBA meeting, hoping that we could offer testimony supporting his character and ability. Not only were we not permitted to contributeany input to the meeting, but the SBA President, Ms. Roberts, insisted that we had no right to even observe the proceedings and hear the debate. According to the SBA constitution, all law students are membersof that organization what right have they to exclude any interested student from any meeting? What right have they to conduct their debates secretly, so that students have no opportunity to assess the attitudes of those persons who supposed to be their representatives? Especially when the effect of their action is to, in effect, endorse a serious slander made against another student. It becomes clearer and clearer, the more closely one looks at the SBA, that it is dominated by a small clique of careerists whose interest is in promoting their own political ideologies, and whohave neither the intention nor the competence to deal with variousreal problems facing law students. - Elevators The elevators in O'Brian are being abused. Too many people are using them to ride one flight up or down; from library to exit, from lounge to offices, etc. We have seen people waiting several minutes for a crowded elevator, only to use it to go to the next floor, slowing up the other people needlessly. Of course, there are people who must, for whatever reason, use the elevator at all times. The others are not helping by tying them up. The elevator service is slow enough. Let's leave the use of the elevator for times when you really need to use it. Save energy, get some healthy, well needed exercise. Remember the old saying: is this ride necessary?! (Name withheldupon request) Moot Point Dear Sirs: At the close of my undergraduate academic career, I was fullof cynical philosophies and sophomoric fantasies. But now, all this is history as I have since embarked on my life long ambition of attending law school. In actuality, my desireis to be a lawyer law school still being recognized as a necessary component of this. If law school is to be viewed as essential to the lawyering process, then I suggest that it adopt more of the essential — characteristics. and Elections . My first semester frustrations are not brought on by the amount of work which is expected; but rather, these frustrations are a product of the failure to integrate more meaningful programs into the curriculum. am addressing myself here to thedilemma The other day the SBA held elections for directors. Surprised? That's not which is faced by most first year students I whether or not to participate in the Moot was non-existent surprising. There virtually publicity, non-existent turnout, Court Competition. No doubt, this program is invaluable to a prospective lawyer who non-existent candidates. There is, and seems always to have been, great must become schooled in theintricacies of legal research, brief writing and argument. For student apathy in this school. This paper is more than, aware of that fact. a first year student, thereis little enough free time to eat and sleep, let alone participate However, the answer is to push harder. Was everyone aware of petition deadlines, candidacy requirements, election dates and times? Perhaps it's self serving, but elections can be timed to coincide with publication of this paper, so that all students can be made aware of the elections and of the candidates. We are sure that this will happen when the "big" elections come next semester. There is no excuse for it not to happen at every election, every semester. — '' • Iin extra-curricular activities. Moot Court shouldbecome part of the first yearprogram as an elective course. In this way, first yearstudents will not have to sacrifice their physical well being and sanity in order to learn an essential aspect of law. Other law schools, far less innovative and progressive than ÜB, have integrated moot court into their "academic" programs, realizing its importance in the lawyering process. Especially in the first year, it is important that a student feel a sense of usefulness and direction something which couldexist if programs such as moot court were given the sanction of academic credit. Paul E. Meyer. — Smokin' in the Boys' Room OPINION: Volume 16,Number 3 October 30,1975 ( )1111111111 UJJII ""• ■ Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Alumni Editor: Earl S. Carrel Staff: T.J. Centner, Victor Rostow, Jeff Chamberlain, Lawrence M. Meckler, Myles Elber, HowardAchtsam, Andrew M. Puritz Contributors: R.I. Glick, Elaine Weiss, Rosemary Roberts, Mark R. Hellerer, Jack Pawlick, Leslie K. Kirschner, Larry Ginsberg, Scott Cheryl _ OPINION Is published every threeweeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. One would assume that a law school would contain individuals thatrespect the rights of others. Unfortunately, this is not the case. There are many cigarette smoking students in this school who constantly inflict their bad habit onto others. I have consistently witnessed students smoking in non-smoking areas. In a SBA meeting last semester, held in a first floorclassroom, a number of spectators and even one SBA Directorasked that the smoking be halted. Not only was the smoking in thatroom a violation of law (or at least school regulations) but it was clearly physically annoying to some of the non-smokers, besides creating a filthy mess since some of the Directors failed to use even make-shift ash trays. The request was met with a smug remark by the SBA President, who reluctantly agreed to stop, but she promptly lit up again five minutes later (in childish defiance). Smoking is often seen in the library where not only is it a health hazard but a fire danger as well. Apparently students are not afraid to be caught because they know there is no sanction. Also, some smoking goes on in the classrooms where the faculty, with "NO SMOKING" regulations glaring them in the lace, take no action. If a person wants to have a bad habit that is fine (believe it or not, this pious writer occasionally lites up a Kent usually around finals) but they should not be able to force it onto other people. In a classroom, no matter which way you blow the smoke, others will be compelled to breath that dirty air. The smaller the room and the greater the number of smokers, the larger the infringement of a non-smoker's right. It is time for non-smokers to stop feelingguilty about asking others to refrain from smoking even if a class must be interupted. It is disquieting to me that some fellow students, knowing that they are infringing on others' rights to breath smoke-free air, keep right on doing It. Apparently they think that they are somehow superior or simply don't care about other people. Whichever is the case, such an attitude is clearly dangerous, especially In law school.We are the generation continued on page three - - - - �October 30,1975 OPINION 3 ENDOBTHF AR by Jeff Chamberlain JOBS: "I don't want no job, I position." wants me a -Kingfish Looking for a job is a pain right in the ass. The process involves three stages, the resume, the interview, and the rejection letter. Writing a resume involves peculiarly lawyerlike skills, for the object is to state your case in the best possible way. The purpose of a resume is to intrigue a firm enough to call you for an interview. This is accomplished by a variety of subterfuges. Some applicants prefer to use pink paper, on the theory that theirs will stand out from all the others. Some are careful that their summer job as a warehouse stock clerk reads "inventory control specialist." Techniques such as these are ingenious, but half-hearted. To make a reader remember your resume, I recommend that you include in it a few judiciously placed outrageous lies. One I recommend is "great-grandchild of Charles Evans Hughes." This sounds impressive, and is almost impossible to check out. Furthermore, if you are caught, you can say that you meant, of course, the illegitimate great-grandchild; or, you can look shocked and hurt, and say "it can't be my mother, rest her soul, told me justbefore she passed away ..." . Smokin continued from - We have, by the way, a placement office. It is new. It is said that its existence will ease the tightjob market. Last year we really didn't have a placement office. I have heard that this year, the number of organizations interviewing on campus is about half whatit was last year. I have also heard that the University of Michigan has about 25 firms interviewing on campus for each third year student. I'm sure thatwe'll catch up, for our facilities are better: some of the firms interviewing here this year have been given small, white, carpetless rooms, sumptuously furnished with two chairs, one of which is broken. No desk. No table. No ashtray. The one-on-one atmosphere is thought to present our students in the best possible light. According to one of their brochures, "the placement office is not an employment agency." Interviewing is worthwhile, if for no other reason than so you can see what kind of jerk bought all the lies on yourresume. The purpose of an interview is to intrigue a firm enough to offer you a job. Thus, once again your task is to distinguish yourself from the rest of the interviewees. There are several schools of thought on how to do this. Showing up naked is always impressive, but somewhat impractical. you have no convenient place to clip your pen. Another ploy is to pick an area of law which no one knows anything about,, and. claim to be an expert in it. Universal ignorance is not hard to find. My personal favorite is the third amendment, but — page two that's supposed to care about people and view all of them equally. Smokers, don't turn your back on these ideals for thesake of convenience (at least wait to be corrupted by something more important, i.e. money). Forcing someone to breath your smokey air may seem an infringement of a small right. But if smokers can't be minimally inconvenienced to protect that right how will they fare when more important issues, and therefore more important personal concessions, are at stake? Think about it. Stewart O'Brien P.S. I apologize to my smoking friends, if there are any left, who are considerate. Sex and the Simple Editor Dear Opinion: This criticism is in regard to your article in the last issue on the backgrounds of the new faculty. As a student here I am very interested in the new additions to our teaching staff andread the article for that reason. I was very unhappy with the sexist manner in which the biographies of thesepeople were presented. In only one of the biographies was any mention made of spouse and/or family. And surprisingly enough that was the woman! Not only did we find out that Ms. Hollinger has two children, a boy & a girl, but we learned that her husband is a University Professor. I object to this discriminatoryreporting on two grounds. First, from a professional standpoint an argument can be made that information regarding one's spouse and children is totally private. If Ms. Hollinger wanted everyone to know that fine, but I suspect the information resulted from questioningby the reporter. These are questions which are totally irrelevant to her professional qualifications. Such questions should not be asked of anyone. Secondly, as a woman I resent any inference that my family relationships are more relevant to my professional life than those of a man. Both men and women have family committments and if the number of children a professor has was relevant to the purpose of the Opinion article, those facts should have been included for the men interviewed as well. Perhaps I am getting excited needlessly, but I get excited whenever I see a woman treated differently than a man for no intelligent reason. Please try to correct this type of doublestandard in the future. Kathryn A. Schneberk-King SeniorLaw Student Thereporter replies: The questioning of each faculty member was, as much as possible, identical. Each faculty member approached the questions in his/her own particular way, allowing these biographies to be more, hopefully, than cold resumes. Any background information present is that given, as relevant to their subsequent activities. For whatever reasons, certain people hold family relationships to have varying degrees of influence & Importance to their professional careers. Therefore, I do not feel that these biographies were, as such, sexist. However, recognizing that I, too, approach things in my own particular manner, I apologize for even the appearance ofsexism. Whatever my personal feelings, which I reserve for myself, there Is no place on thispaper for suchattitudes. All deliberate care-wHI be taken at all times to prevent it, by the entire staff & editorialboard of OPINION. several acquaintances have had some behind traditional interviewing tricks such successes with legal ethics. Taxation is also as spilling coffee on you tq see how you good. A variation is to claim expertise in an react, or commenting that only dullards area of law in which the existing theories salt their lunch before tasting it. One are totally incoherent. Conflicts of lawhas interviewer spent 15 minutes asking me if a clear edge here, although Article 78 of what I had put in my resume was true. the CPLR has its proponents. ("Well, Mr. Chamberlain, did yougo to the Another system employs a subtle form Buffalo Law School?"). of blackmail. Advocates of this approach Either before or after an interview, you apply to organizations with which they have some connection, however tenuous. will receive a rejection letter from each Perhaps their sister-in-law's brother lives firm to which you have applied, unless they forget. The writing of letter of next door to a partner, or perhaps they rejection an art. It has been recognized as wen t to the same small, private such by isthe Harvard Law Record (the undergraduate college as did the interviewer. These "connections" are then Opinion of another, inferior, law school), year which this will hold the Third Annual milked for every bit of political clout they contain, in the hope that the firm "won't Ames 111 Attila the Hun Rejection Letter dare" refuse to hire someone "that close" Award Contest. Awards include the Ivan the Terrible Help to the outfit. There is a clever extension of Resources Award, Preserve America's Vital which is given annually this system. Some applicants learn all there is to know about the firm to which they to firms who write their rejection letters on are applying, and then pepper the paper smaller than SVi" x 11". There is the interviewer with specific questions about Verbosity Award, for the longest letter, specific office practices and cases. and the shortest gets the traditional award for Brutal Brevity. A judge in California Proponents of this approach are always bright, rosy-cheeked lads and lasses, who sent me a letter of rejection in which he "just can't wait" to become a member of invited me to drop by for a chat if I was the team at Hungerdunger, Hungerdunger, ever in the neighborhood. I have entered it Hungerdunger, Hungerdunger & in the competition for the Come Up and See Me Sometime Award. McCormick. Resist the temptation to underestimate Traditionally, the capstone of the the i n te 11ige nee of your interviewer. ceremony is the presentation of the award Interviewers are chosen for. their discerning for-the. Most Egregious Form Letter. nature and ability to decide However, this year that honor may go to instantaneously whether or not you will the firm who sent back a resume with make a good lawyer. This is the purpose "NO" scrawled upon it in purple crayon. Turn of the Screw By Chris Carty In my last column I discussed the ceiling ($2,750) which has been imposed by the University for the combined NYHEAC and NDSL loans. Since then,several studentshave requested that I clear up the question of whether the $2,750 includes or excludes tuition. Apparantly, the ceiling does not include tuition. In other words, a more accurate representation of the total amount available in loans in relation to a student's total expensesis $4,350 (tuition plus $2,750). In contrast to my last column, this week I can announce increased aid to law students. Specifically, between 12 and 15 more students will receive $800 in work study grants this week. These additional grants arc being distributed as a result of a supplemental funding by the Federal government to the University last month. Unfortunately, the University Office of Financial Aid will not take any additional applications for this grant. The number of students who applied and qualified for work study grants last spring far exceeded the available grant money. As a result, many students who qualified for work study did not receive grants either because they were not quite as badly financially pressed on paper as the fellow above him/her on the list, or because the application was filed after the March 1 deadline. The Financial Aid Office was able to consider for the first series of grants applicants who filed through June, 1975. Therefore, the pool from which the new recipients were chosen consisted both of applications filed between June and September, and those which qualified as financially needy, but were not selected for the first award. Qualification for work study is established by two criteria: financial need as evidenced by income, and total amount of federally guaranteed loans (NYHEAC and NDSL) loans outstanding. Thus, the greater the amount of educational loans which a student has withdrawn, the greater the likelihoodof being given a work study grant. Those students who receive notification of a work study grant should contact me immediately for placement. I currently have available some research with professors, clerical, and library work. Students who are interested in jobs outside the University also should see me so that the required contractual arrangements can be made with the agency or department. Work study law students may work forany non-profit organization.They are paid at the rate of $2.50 per hour, but are limited to a maximumof 15 hours per week when school is in session. Students are allowed 40 hours per week during holidays and the summer, however. �October 30, 1975 OPINION Brooklyn Side The Carl S. Heringer It's Saturday night and you're at a party. There are lots of people milling around, there'sbeer, pretzels, and of course the stereo. The stereo, sitting in the corner, all omnitient, controlling every wave of emotion passing through the crowd merely by passing its arm over a wavering black plastic disc. The stereo is the focal point of the evening. At some point, the records are removed, and the,FM stereo issnappedon. You listen with a corner of your consiousness until you hear them, the best group you've heard since Benny and the Jets. For a half hour you stand transfixed. You must have that record, you must hear that again, you must know who that is. Then the announcer comes on, and you strain to hear his whispered tones over the muted roar of the crowd. "That was three cuts from the seventh, fourteenth, and twenty-third albums of the BlueKazoos." Seventh. Fourteenth. Twenty-third album!? Let's see, that's $6.98 x 23, carry the four $160.54 plus tax. Subject of course to extra for double albums or tapes. What now? You really thought that the music was great, and you would love to have it, but there has to be some limit. Once you run to the record store, which do you choose? Of course, you've heard three cuts, those three albums therefore aren't a bad risk. Unless those are the only decent cuts of the three. Of the twenty-three. Maybe they won't sound as good outside of the party atmosphere. Maybe you listen differently. There is a solution. You can always buy "The Best of the Blue Kazoos." That does have some drawbacks. The "Best" is not always the best, but just the biggest hits. - . That's fine for Top 40 radio, but not good enough for you. Also, the lesser knownnumbers are often the better ones Revolver, The Beatles). A concept ("For No One" album is ruined when cuts are randomly put together, and there is beauty in the segue of one tune into another. This is The Moody Blues even cut the cymbal crash from the end of "Nights in White Satin." Unforgiveable. All things considered, that type of album is a reasonable sampling of a groups talent. "Best of " albums often appear when a group changes labels or breaks up. They are often best sellers themselves, note the four record Beatles anthology, and the infinite number of Beach Boy repackagings {Endless Summer, Spirit of America, etc.). You may already own every album, but this one puts it all togetherat once, and after all, the lesser known cuts aren't always so great. This brings us to live albums. As with all other types, there are pros and cons. The sound quality of these albums range from lousy (Get Your Ya Ya's Out, Rolling Stones; Live From the Canteen, Traffic) to studio quality (Woodstock I; Concert for Bangla-Desh). Some groups really can't sing together outside of a studio, i.e. Crosby, Stills, Nash & Young, while the Beach Boys harmonize to perfection every time. If you attended the concert that was recorded, or have seen a particular group live, then the record may have special significance to you. Songs may sound different live, but then again they may not; Creedence Clearwater Revival had their stage act down to within three secondsof the album cuts. Cream was more likely than not togo into an extended jam. "Sympathy for the Devil" becomes a different song onstage. In Before the Flood, many Dylan .. - Larry Ginsberg " "^B "|" ~ /y B im 3?1 '" ■»~ .« .ft J"J I? ■ i ■— iBBr 7 ■ I*. yt r. m— Bsy ■ fi^^^^ «- "iMrinrnii ACROSS 1 Equitable or creditor 5. Antique autos 10. King of Judah 13. Man 4 Wight 14. Prevented (legal) (var.) 16. Morning 17. Girl's name in Koln to death 18. 19. Cribbage matching knave or Omsk woman Com 22 2_ tended d_ea«e (one.) 26- R°P' 30. Sage 31. Icetandicsaga 34. Once again 20. rate in 21 35. 36 I was walking to St. Ives of the Court Act (Lat.) 40. Pavement 39. 41..Head man (military var.) 42. Follow 43. Locate 44. Ex 46. H zS04 or HCI 46. Gold Dal ( v,etMme»c 47 mperor _.48. ?Open your mouth .. * 49. __.dy7___ fire 52. Quote 66. Charles Lamb penraime - Militant Order of Monks 69. Russian Naval Destroyer(var.) 60. Exclamation syllable 61. Hesitation 62. YIP ( 63 Not ."% (old pleading) „„„„, DOWN 1. Springy motion 2. Goddess in Luxor 3. Mi* Lancaster 4. Incompetent one PK,k B ' fans will barely recognize many of the numbers. Joni Mitchell adds interesting new qualities to her songs. A well produced live album may be yourbest bet. It'll contain a combination of the groups best hits, and their best performances. The exhuberance of the group will come through (DeL/VEring, Poco) and of the crowd (Absolutely Live, Doors). Commentary in-between the numbers may give you some personal insightinto the whys and whereforesof the group or thatnumber. A live album may be your best introduction to a group. ** Dory * * Previn, Live from Carnegie Hall, April 18, 1973I first heard Ms. Previn several yearsback and immediately liked her music. This double record sets offers cuts from each of her previous albums, plus several new numbers. The production is superb, the audience is responsive. Many of the songs are very personal-tales of triumphs and failures, happiness and sadness. "Lady with the Braid" is about a lonely soul, crying desperately for love. It's a haunting, beautiful melody. "Moon Rock" discusses the moon landings, from the viewpoint of the moon. "Mary C. Brown and the Hollywood Sign" concerns a strange suicide; "Twenty Mile Zone" an even stranger traffic ticket. The taleof the "Left Hand Lost" almost needs no explanation, except to say that Ms. Previn was born a left-handed person. Ms. Previn puts her music across beautifully. She's been around for a while, but has yet to gather a mass following. I've joined her substantial "cult," and I'm waiting for some new material from her. You owe it to yourself to listen at least once. Get in touch with me, and we can make arrangements. TP he resident's Crossword Puzzle /j 4 „?'7E^"""*' , *'" '""' —»~m y«r to y«r 7. American Indian Corner BY Rosemary Gerasia Roberts Vikki Edwards Richard Langsam I was glad to see that you all Paul Lukin had such a good time at the SBA RobertBurrick party at Fanny's. It's too bad though that most of the people 2nd Year Directors who enjoyed pouring down all Debbie Winthrop that liquor couldn't be bothered to vote in the SBA elections for 3rd Year Director new directors. It would be Joe Matteliano ironical, but somehow fitting, if those directors who were elected FSRB chose to deprive the student body Bob Waters of their next hangover by not Alan Gerstman voting new party funds. Maybe the answer is to bring the voting JUST A NOTE box to the parties. At least then It was nice to see our old Squeaky Frome might be edged faithfuls, Ken Joyce and Lou DelCotto at the party (It must be out by the Pink Panther. But despite the apathy of the tax deductible), along with some majority, the minority managed new faces Richard Bell, James to elect a roster of energetic and Attleson, and Red Schwartz. SBA qualified SBA directorsand FSRB parties are open to all law members. They are: students, faculty and staff. So give a student a chance to show his/her Ist YearDirectors intellectual prowess when they've Sally Ann Krallman got a few under their belt come Andy Milstein to the next party. - - 8. Geological tire division 9. Weapon of the Zulu 11 Paulo 12. Shyster attorney 15. Mister or Bailey 19. Negative 22. French town 24. Pronoun 25. Pornography 48. Raid or port 49. Part of Israel 50. Involved (2 wds.) 51. Zwi Kaner or MarcelMarceau 53. Ghana language 54. Month in Haifa 55. Storm or lighter 67. Union Army during Civil War (abbreviation) 58. Sea Eagle 26. Pastry 27. Lends 28. Lash again 32. judicial opinion irrelevant to particular decision 33. Oxford student or Solution will be posted Monday USSRriver 37. Piaza outside the OPINION Office, 38. Irate Room 623. 43. Jewish Holy Day (var.) 46. Exclamation in Baden �PAGE OR PAGES MISSING �October 30,1975 OPINION 6 Constitutional Amendment - continued The Vice-President shall assume the duties of the from page eight President in the President's absence, and shallassist the President in the conduct of the affaires of the Association. In the .event of the President's resignation, the Vice-President shall assume the duties of the Presidency for the remainder of the term. No Vice-President may serve in that position for more than one year. Title IX and SUNYAB The Secretary shall maintain a written record of all meetings of the Association, and a list of names, addresses and telephone numbers of all members. Title IX (20 U.S.C. 1680 et seq) is a general prohibition of discrimination on thebasis of sex in federally assisted education programs and activities. It reads "No person in the U.S. shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." It contains several exemptions concerning religiously controlled educational institutions, military schools and others. The regulations for Title IX, which went into effect on July 21, 1975, prohibit discrimination in admission and recruitment, in educational programs and activities, and specifically allows remedial and affirmative action programs. Under Title IX, the educational institution is to evaluate its current policies and practices within one year, modify any of these which do not meet the requirements of Title IX and take appropriate remedial steps to eliminate effects of any discriminatory practicesresulting from adherence to these policies and practices. The two areas in which Title IX has received the most attention and controversy are athletics and women's studies. The Treasurer shall have charge of all finances of the Association and shall report on the state of the treasury at all meetings of the Association. The Treasurer shall collect dues from all members, pay all debts of theAssociation from Association funds and shall keep an itemizedrecord of all receipts and expenditures. All officers shall be responsible for any auxilary assignments as may be made by the President. ARTICLE V Regular meetings of the Association shall be held each semester at a time and in a place to be designated by the President upon theadvice of the Executive Committee. No fewer than three meetings shall be held per semester, and each meeting shall be at a place accessible to a majority of the membership. Meetings shall be conducted according to this constitution and according to the customs of the Association, except that, upon petition of a plain majority of members present at any one meeting, that meeting or the remainder thereofshall be conducted according to the provisions set forth in Roberts Rules of Order. Notice of the date, time and place of each meeting shall be made to the membership in a manner reasonably sufficient to notify all. ARTICLE VI The membership shall vote on all matters, financial or otherwise, binding the Association to a course of action. No vote shall be taken without a quorum present. A quorum shall consist of ten members in good standing. Good standing shall be measured solely by the payment of annual dues, which shall be collected as soon as practicable during the course of the fall semester. The president or any three members present maypresent an issue to a vote of the membership. Votes requiring the expenditure of Association funds including votes on criteria for eligibility for scholarship funding, shall be decided by two-thirds of the members present at the vote; all other matters shall be decided by a majority of those present. ARTICLE VII Election of officers shall be conducted at the first regular meeting of the Association to occur in the second semester. All officers shallbe elected by a simplemajority. In the event of a vacancy among the officers other than the Presidency, an election shall be held at the next regularly scheduled meeting of the Association. In the case.of a vacancy in the office of the President, the Vice-President shall assume the Presidency and a new Vice-Presidentbe elected. Any ten members may call for a Special Election remove any or all officers for cause. to fill a vacancy or to ARTICLE VIII This Constitution may be amended by a two-thirds vote of the membership. Leslie K. Kirschner - What does Title IX require in the area of athletics? In the area of athletics, the regulations of Title IX provide "No person shall on the basis of sex, be excluded from participation in, be denied benefit of, be treated differently than, or discriminated against in. an interscholastic, intercollegiate class or intramural athletics and no recipient shall provide any such athletics separately." Separate teams for each sex are allowed where selection for such teams is basedupon competitive skill or activity involved in a contact sport. However, where there is no team in a particular sport for one sex, and athletic opportunities for members of that sex have previously been limited, members of that sex must be allowed to try out. for the team unless it is.a contact sport (boxing, wrestling, rugby, ice hockey, football, basketball etc.). What thisregulation would mean in practice is that if there is no women's team, a woman must be allowed to try out for the men's team, but not vice-versa (unless the men's previous which athletic opportunities had been limited would be unusual since nationwide women's sports' budgets are 2% of mens budgets). The University must provide 'comparable facilities' for men and women. "A recipient may provide separate toilet, locker room, and shower facilities but such facilities provided for one sex shall be comparable to such provided for other sex." An article in the Spectrum (10/20) stated that the new gym planned for the Amherst campus will not contain a women's locker room (but will contain a men's locker room). This is a clear violationof the mandateof Title IX. - What does Title IX mean to the existenceof the five all women's courses at Womens Studies College? It is the administration's contention that Womens Studies College (WSC) is not in compliance with the Title IX regulations. It is ironic that the administration's first attempted use of the anti-discrimination legislation is to eliminate a program in the spirit of affirmative action. It seems somewhat contradictory that legislation passed with the intent to promote the education of women is being used to threaten the continued existenceof an educational program designed to do just that. Title IX calls for a year long self-evaluation of the whole University. Women's Studies College maintains that any special treatment (as in the case here) of WSC short of the uniform procedure established for evaluating the whole university constitutes discrimination against a program promoting the education of women. Is the existence of all women's classes a violationof Title IX? The legislative history shows that Title IX was passed to eliminate educational discrimination against women. Title IX specifically allows for the development of affirmative action programs; "... a recipient may take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex." Th c five all women courses are part of the affirmative action thrust of WSC. To understand the extent to which affirmative action is needed, look to who rules America; but, better yet, look to who talks in class, to whom your teachers are and remember women are over 1/2 of the population. All women classes constitute an effective way of combating discrimination and enabling women to participate fully in this society. The education valueof women's classes has been recognized. During rechartering, Dr. Ketter agreed to allow the selective use of ail women's classes when such use is clearly and directly related to the educational objectives of the course and is necessary for their achievement. It was stipulated that any challenge to all women's classes should go through the established academic channels (D.U.E.). The Division of Undergraduate Education overwhelminglyapproved the five courses, based on theireducational rationale. Women have had a Jong history of social, economic and political oppression. Traditional education ignores serious study of women. Women's Studies College has created a form of education to redress the effects of past oppression and to enhance the full participation of all people in society. Theall women classes involve interpreting their studies through their personal life experiences as women. The goal is to connect women's personal experiences with the social and historical roots of women. Through experience, WSC has found it most effective to do this work together in a group with other women. Since men have not had the same experiences (since the courses deal with the women's experience in society) it was found that the presence of men impeded the progress of the class and interfered with the educational process. The atmosphere of all women classes enables women to analyze their personal experiences and those of women in society and work toward their full participation in education and society. At present, WSC is having a petition drive to raise the issue of all women's classes on campus. People interested in finding out more about WSC or in helping out callWSC at 831 -3405. - Puerto Rican Law Students Attend "Law Day" On Saturday, October 18, 1975, the Puerto Rican Law Students Association of Brooklyn .Law School held a "Law Day". The main objective of the conference was to acquaint undergraduate minority students with law school admissions requirements. Approximately one hundred undergraduate students from colleges throughout the New York New Jersey area attended - the conference. The law schools represented were: University of Buffalo, Brooklyn, Columbia, Fordham, George Washington, Newark and Camden, Rutgers Seaton Hall and New York University. In addition the Puerto Rican Legal Defense Fund was also represented. The conference opened with speakers from various fields of law, highlighted by Judge John Carro, of the Criminal Court of the Bronx. Judge Carro became interested in the field of law while employed as a probation officer. Realizing the lack of aid for Puerto Ricans in the criminal justice system led to pursue his present career. I him After ten years of practicing law I he set his goal to become one of the first Puerto Rican judges in I New York. Judge Carro indicated that the three most important representatives gave a brief history qualities for becoming a good of their respective schools and of attorney are: dedication, integrity the procedures required for - and respect. The conferencealso included a skit presented by the Puerto Rican Law Student Association of N.Y.U. The subject of theskit was to illustrate the shortage of attorneys available to represent minority tenants in N.Y. The various law school admissions. Interested students then had an opportunity to ask specific questions relating to applications, Financial aid, admissions and academic requirements. Another conference has been planned for Nov. 15th, 1975 at Rutgers LawSchool. - �October 30,1975 OPINION 7 Freshpon'-EyViw C Toaxf ourt Andrew M. Pur it/ Mr. Connely were both finished The judge smiled, assented, and with their presentations. The said he'd get to the decision as judge began to speak; Mr. Cooper soon as possible. We all rose and so on, and then interrupted to request that the judge enter his petition for appeal I dashed for my 12:00 class. Poor sworn in. (This was the first time allowed him to continue/ Eventually, Mr. Cooper and should that become necessary. Mr. Cooper. I'd ever seen anyone sworn in; it was just like Judd for the Defense). Mr. Cooper asked the court for permission to sit down; continued from page one the judge smiledand said, "sure." a representative sample of the community from The sum of Mr. Cooper's punishment are exhausted. Practically to implement which the inmate came was willing to takehim back. argument was that he'd been such a standard, there should be a limit imposed on •Such a community appraisal would certainly be taken for a ride and deserved a the number of prison cell units thatcdtildbe built in more realistic than the one made by a parole board break. And he had been taken, it any given county. Rather than make grandstand which is hardly representative of the community of developed, by a German plays judges, and district attorneys would be forced people who bear the risk. Also they would be more manufacturer who had not to make some realistic decisions about sentencing. discerning of the act prisoners perform, such as being delivered a computerized Parole would be abolished. At most a judge would be a model prisoner, than the existing parole boards. A surveying instrumentafter Cooper given six months leeway in a fixed sentence where prisoner seeking such relief could not fake it, as is had invested $60,000 in it, and mitigating circumstances are shown. A Parole system often the case with parole boards, when he says to had bid and won several lucrative could only be re-established if it could be shown that them, "I've suffered enough." contracts in expectation of using that equipment. When that fell through, his surveying business (the product of twenty-five years growth and forty-four years of impressive experience) shook in a very discomforting manner. It was never stated; but the impression one received (or at least, / received) was that the depreciation allowance he took was a desperate attempt to cut losses. While Mr. Cooper ran through his, lengthy statistics, the judge tried to stay attentive. He scratched his head often, drank some water; once he checked out Some of us have had the chance to work in the county covernment; as law students we a pretty girl who was walking are all coricfemed'wtth govern!, ent. We believe that Ned Regan has provided Erie County down the side aisle. The with leadership of the highest quality. prosecutor conferred with his partner, a very young gentleman with baggy socks. The clerk gazed Local Government Reform off at something. The A cum laude graduate of our Law School, Regan is a recognized expert in local stenographer scribbled. government. As summarized in an article he wrote for the WashingtonPost, headvocates At the crucial point in the a two-tier approach to the reorganization of local government, assigning regional testimoney, however, where functions to county government and community functions to city, town, and village certain correspondence important government. He has implemented this approach in Erie County's Department of Central to the defense was being gone over, the judge was all ears. I was Police Services, county-wide property tax valuation program, and urban county program impressed by his attitude of under the Community Development Act. fairness towards Mr. Cooper; he helped him along gently and Community-Based Health and Human Services frequently. I was also impressed by his ability to focus on Regan has pioneered in the development of a community-based system of health and important issues and pass the rest human services. Two comprehensive health and human services centers have been opened by. Quite a talent. and three more are underway in historically under-served urhan neighborhoods. Rather As the statistics continued, Mr. Cooper paused to say that he than build up a county bureaucracy, the Regan administration works through community organizations. been better off if there had been a realized the busy schedule the jury here, composed of middle judge followed, but that "this is The New York State Tax Court aged businessmen. They'd have the first time anyone has been was scheduled to begin at 10:00 understood. Mr. Cooper was able to listen to me." The court a.m. on October 8.1 arrived at the moot court room at 9:50, and saw a notice which told me that the session had begun at 9:30. I was sorry but not surprised. As a first year student of no little ignorance, I barely knew even the function of a tax court. Perhaps all such sessions began half an hour early. My first question was "who's who?" There was a tall, thirty-ish fellow in a sharp suit making his opening statement. He had a heavy mustache. To his left, sitting alone at a large table, was a little man whose jaw was tightly clenched. I was correct in guessing that this was Mr. Cooper, the defendant. The former was the prosecutor, Mr. Connely. We had dittoed copies of Mr. Cooper's opening statement. In brief, he had deducted from his income taxes a depreciation allowance of some $14,000 on sophisticated surveying equipment which he never owned. I assumed that anyone in his position would be puckering where he sat, and it was apparent thathis was the case here. Mr. Cooper devoted much of his energy towards hopping up and down, apologizing for delay, and clenching the arms of his chair. Exhibits were put in the record; at one point the clerk had troubI c ad jv sting the rubber stamp and fell several exhibits behind. I wondered if anyone ever got' sent to jail because the exhibits were mismarked and no one realized it. I The amount of money involved was not in dispute. The issue was whether or not Mr,. Cooper had been negligent in deducting the amount he did. I found it interesting that negligence, not fraud, was at issue. So the state had a heart, too. Mr. Cooper was a very sympathy-incurring guy. Mr. Cooper defended himself. That seemed wise. Why pay a lawyer for a lost cause? He'd have Law Library Offers Slide Tape Research Programs mm ' The Law Library's Audiovisual Department has completed five of a series of eight slide tape programs on legal research. Theseprograms have been designed for use in combination with library tours to fulfill the library'sresponsibility for teaching legal research. The present five programs which are 10 to 15 minutes in length cover legal reference materials, legal periodicals and indexes, court reports, case digests, and Shepard's Citations. Three other programs in progress will cover federal statutes, New York statutes, and the American Law Reports. The slide-tape programs were written by the library's reference staff and produced by the Audiovisual Department. They have been designed for use on combination cassette tape players and rear screen slide projectors. The programs and the projectors for viewing them are available in the Audiovisual Department on the fifth floor of the library in Room 535. The use of audiovisual materials in teaching legal research is a relatively new practice. The library welcomes criticism on these programs to help evaluate and revise them to meet the needs of the users. Added Notice: Cassette tape recordings of the speakers from the Visitors Forum will be available in the Library's Audiovisual Department. The first in the seriesavailable on tape is Fred Cohen's talk on The AbolitionofParole. Distinguished Cohen... - WHY WE URGE YOU TO VOTE NED REGAN FOR COUNTY EXECUTIVE Open, Professional Government Regan has received a national award for opening up government to the press and the people. County business is conducted in open forums such as the Environmental Task Force. He answers his own telephone. He bases appointments on professional merit. He draws on the resources of the University for appointments (e.g., the County Attorney and the first Commissioner of Environmental Quality) consultant studies, and advisory boards. \ Regan's sound fiscal management has allowed Erie County to maintain its AA bond rating while reducing County property taxes for three consecutive years. For all these reasons and more, we support Ned Regan and encourage you to vote for him on election day. Ron Benjamin Ray Bowie Brian Carr Gabe Ferber Richard Feldman Alan Gerstman __________________ Charles Hall Philip Lee Tom Lochner Lewis Marks Sandy Presant Margaret Wong PAID FOR BY LAW STUDENTSFOR REGAN ——_—_-____»_^_ �October 30,1975 OPINION ASCAP Award Announced Charlotte Dianne Roederer of Buffalo. Miss Roederer is the copyright law. First and second Amherst,New York, has won the daughter of Mr. and Mrs. Robert prizes of $250 and $100 are $250 Frist Prize in the 1975 Roederer of Glenarm, Illinois. offered in each of the leadinglaw Nathan Burkan Memorial The Nathan Burkan Memorial schools throughout the nation. A Competition at the State Competition is sponsored panel of distinguished judges then University of New York fat annually by ASCAP, America's considers all the prize-winning Buffalo) School of Law, President most prestigious performing rights papers which are received from Stanley Adams of the American licensing organization, in memory participating law schools, and Society of Composers, Authors of ASCAP's first General Counsel selects the outstanding essays for and Publishers announced. The who died in 1936. It is designed National Awards of $1500, competition at the State to stimulate interest in the fieldof $1000, $750, $500 and $250. University of New York at Buffalo was under the supervision of Dean Richard D. Schwartz, and the title of the winning essay was "On Copyrighting Sound: A Music Historian's View." In 1965, Miss Roederer received a Bachelor of Arts degree from North Central College, a The small gym In Clark Hall Is available to us every Thursday, Masters degree in Philosophy from 7-9 p.m. Getting this gym space was very difficult. In the beginning Yale University in 1969 and a of the semester we had some great volleyball and basketball games. Ph.D. in Music History from Yale attendance Is dwindling. We stand a good chanceofloosing in 1971. She has also studied at this space If not used. I urge you to come out on Thursdaynights, the University of Vienna, Austria. even ifonly two or three times a semester. It will be great fun and In addition to her law studies, good exercise;your support Is needed. Miss Roederer is currently an AssistantProfessor of Music at the State University of New York at Km Attention: Women Law Students "Women and the Law" Panel Elaine Weiss An informal panel discussion on Women & the Law was held Friday Oct. 17 at the Ellicott Complex. The event was scheduled to take place in conjunction with other International Women's Week events. The panel was moderated by Ms. NILDA PABON, Third year law student and Professor at the State University of New York at Buffalo. The panel was chosen to represent the varying backgrounds and perspectives of women in the 8 Eyewitness Identification Psychology v. the Law by D.V.F. "Play it back like a newreel is a legal expectation, and not a realistic one psychologically speaking." This was one of the criticisms, Prof. Robert Buckhout of the Center of Responsive Psychology, leveled at the legal myth that the human perceiver is the perfect observing machine. On October 7, Distinguished Visitor's Focum presented Prof. Robert Buckhout, one of the nation's foremost authorities on the difficulties perception, memory, and social influence play in obtaining accurate eyewitness identification. Prof. Buckhout has been an expert witness at several well publicized trials, the most prominent among these being that of Angela Davis. His most recent work in the fieldis, "Eyewitness Testimony,"Sc/en_ffcAmerican December 1974. Prof. Buckhout explained that psychologists, in an effort to understand human perception once analogized the human eye and mind to a camera. However, while a camera is a neutral observer of an event, the human mind organizes what it perceives in accordance with social coordinants. An example of this would be where a crime is staged for experimental purposes. For any number of observers there may be as many different interpretations of the event. While stress may still self-serving deliberative faculties, so that a spontaneous exclamation is admissible for evidentiary purposes, it also stills the ability of an observer to recall such crucial factors as the timeinvolved, physical description of the perpetrator,and whether any weapons were used. V%re psychologists have left behind the model of the camera, and have gone on to ask, "How does the mind store information?", lawyers have been left far behind fearing that to place eyewitness identification in question would open the floodgates on our criminal justice system. Prof. Buckhout reminded the audience that even ancient cultures were aware of the unreliability of eyewitness identification as evidenced by the Talmudic Law standard, that a defendant could not be convicted on the uncorroborated testimony of only one eyewitness. At present there is a bill before the British Parliament to adopt the Talmudicstandard. Through a slide demonstration, Prof. Buckhout showed the audience sample line-ups that were rigged, look-a-like mistakes, and how a quickglance at something familiar will prevent an observer from detecting a critical nuance. In experiments that Prof. Buckhout has run, using a "blank lineup," (the defendant not being present), over 80% of all observers have still identified someone in the lineup as the perpetrator. Prof. Buckhout warned those in the audience who wish to become defense attorneys to use Wadeand Gilbert hearings as more than just discovery sessions. A convincing eyewitness, who remains unimpeached, will influence a jury. (See Loftus, Psychology Today December 1974). Basketball Intramurals legal profession. Participating from the law school were Ms. GAIL BROOKS, Admissions Committee member and Third year law student, Ms. CAROL MATORIN, active with Womens Law Student's Association and Third year law student, Ms. KATHRYN A. SCHNEBERK-KING, graduating senior and Instructor at the State University of New York at Buffalo, Ms. ELAINE WEISS, graduating seniorand experienced para-legal in the area of real property; and Ms. DEBRA WINTHROP, Assistant at the Student Affairs Office and second year law student. The faculty was represented by Ms. JANET LINDGREN, who teaches torts andremedies. After an opening statement by Ms. Pabon, the discussion focused on the issue of admissions. Questions related to the requirements foradmission as well as the specific procedure involved. Concern was expressed by the prospective law students on the problems facing a woman trying to maintain her personal identity - photo by gltck and social life as well as meet law school requirements on an adequate basis. These 'special problems facing women in the legal profession were addressed from various viewpoints. Students present expressed their interest by addressing questions to the members of the panel for over two hours. The event was coordinated by the Office of Student Affairs under the supervision of Ms. MILDRED BLAKE. SBA announces the commencement of theFall Intramural Basketball League. Any teams wishing to join, please pick up roster in SBA Office and return it by November 3 to Harvey Kaminski in the SBA Office. Aten-dollar charge is required for registration. Notice of schedules and plans of theLeague will be announced and posted shortly. :—classifieds - FOR SALE Porsche 356 CCoupe (1964) Original classic, excellent condition, rare find for discriminatory motorist. 694-1747 Repression? Local NLG Says Yes The National Lawyers Guild, Buffalo Chapter has issued the following statement in support of Women's Studies College. The National Lawyers Guild, Buffalo Chapter, supports Women's Studies College in their right to self-determination, including their decision to limit enrollment in certain classes to only women. We realize that the exclusion of men from these classes is not the real concern of the administration. Instead, the administration is attempting to divert the student body away from the real issue, which is the repression of progressive forces within the university. - FOR SALE Two A-78-13 bias belted snow tires, very good condition, $30. 875-91688. - HAPPY NEW YEAR! The firstis the last. The secondis the first. Thanks for the newness. BIGFOOT -I miss you!! Love, Mad. Ass. AVAILABLE WANTED - - Puppies -14 Labrador, Vi ?? ail 688-7210. Used electric typewriter. Call Rochelle, 838-1681. MED STUDENT looking for bright, vivacious woman knowledge, happiness with Jay, 691 -5023. FOR SALE - Goya electric Guitar & Call Cyndle, 882-6764. TYPING to share life, leather case. Brand new. $90. - fast, accurate, done in my home - near North 688-7210. Campus. �October 30,1975 OPINION 9 The Heck with Meek 4 by Lawrence Meckler "You can't become what you want to become unless youdreamabout AlanSchneier it first" ' I never dreamed of being a lawyer. Thus, under the Schneier doctrine, I could never become one. My professors would unanimously agree that my chancesof ever lawyering are slim. Graduating from Law School this year and unable to find a job, thoughts go to what I would have become if I hadn't chosen law. Recent responses from law firms have been a bit discouraging. One firm threatened to sue me saying that my applying to them was libelous per se as to their firm's reputation. Another firm wrote me saying that I was on their waiting list to be rejected. SPORTS Opinon But what I would have liked to become I couldn't become. I am a frustrated athlete. I settled for law school. No matter what I accomplish with law, my athletic failures and might-have-beens will always linger in my mind. How much satisfaction can I get goingbefore the Supreme Court knowing that I can't dribble left? Getting an innocent defendant acquitted won't compensate for the fact I can't hit a knuckle-curve. How will I be able to concentrate on studying for the Bar Exam knowing that every time I run a distance longer than a mile, rigor mortis sets in. Never did 1 reach the sports stardom I dreamed of. I could never play football because when I got hit in the neck or the stomach I'd start to cry. Baseball wasn't for me. When playing theoutfield, if a line drive was hit toward me, I'd take two steps in and then show off my blazing speed in chasing the fly ball that went over my head because I misjudged it. Then I'd start to cry. With the designated hitterrule the only thing that stops me from being a professional baseball player is my hitting. Don't put me on the list of those who like golf. Richard Nixon, Gerald Ford, Spiro Agnew and Bob Hope all like golf. Why add another moron to that list? Hockey? I don't like hockey. The only sport in which I ever achieved any success was track. My most memorable race was a 600 yard run for Lehman College in the New York City Championships of 1972. The race was 3 1/3 laps on a 176 yard track. I knew that I didn'thave a chance to win. I didn't have the strength to sprint an entire 600 yards. However, in all the previous races they would announce over the loudspeaker theleader after each lap. I had made up my mind to go out at the start of the raceas fast as could, get the lead after the first lap, hear my name and then Idisappear into oblivion. I went out and got the lead, but I heard no name. I was determined to keep that lead assuming that I would hear my name after the second lap, but again no name. On the third lap, I was in trouble. I was giving it all I had, but every muscle in my body hurt. I was having trouble breathing. I knew I couldn't keep up the pace, but this was the championship and my big chance to hear my name. Somehow I was able to keep the lead after three laps, with 1/3 of a lap to go. Again I didn't hear my name, but trealized that 1 was actually in the lead. Only 50 yards left and I was winning. I had never won or come close to winning a championship race in my life. 1 never intended to win, but here it was in front of me. This would be my sweetest victory. I was way ahead of the field. I could almost taste it, just 50 more yards. I passed out. A frustrated athlete then tries to become an announcer or a sports writer. I don't enunciate well enough to be an announcer and my writing career is obviously going down the drain, so whether I like it or not, NY Supp. 2nd,here I come. The Magic Act MYLES ELBER Editor's Note: We realize that the following materialdescribesactivity the vigorish [vig]. that is illegal, and as such we are not advocating it. However, it does Benny's favorite sport to bet is harness racing. He never bets at exist, and as members ofsociety we shouldbe aware of Its existance OTB because of the surcharge on all bets, [see THE HECK WITH and Itsramifications. Please note that the opinionsexpressed herein are MECK, OPINION vol 16 No. 2] He likes the track and doeshis horse not necessarily those ofthepaper. gambling there. [The SBA is not funding expenses such as parking, programsand admission.] Benny is a firm believer that basketball is a bad game to bet *** *** *** because of point shaving. Point shaving is keeping the sxore down to Many of you may have wondered where our SBA fundsgo. After cover a point spread. Careless passing, missed foul shots and blown doing a thorough investigation I can now reveal that the SBA has layups, especially at the end of a game, are all factors that Benny alloted $10,000 to Benny the Book to use as he sees fit for investment. points to as evidence of point shaving. Benny will be glad to cite The SBA is hoping for a return of $15,000 so they can serve two roast examples of this as the season transpires. beef sandwiches at the next party. Benny the Book is a friendof mine. Benny will be using the SBA NEXT- BENNY'S BETS funds to gamble on sporting events. He thought thatsince it was the law students money that was involved they might want to know some of the ins and outs of sports betting. After long discussions with Benny, I will try to enlighten you, and try to keep you abreast of Benny's "investments." Baseball is bet on a pitchers line. This can be shown simply by illustration: New York 6-7. means that if you bet the Mets you must lay seven dollars to every five you bet, while if you bet the Dodgers you get six dollars for every five you bet. This difference, getting six, not seven for every fivebet on the Dodgers is the bookies advantage. [In baseball and other sports the "line" comes fromLas Vegas.] The World Series is expressed in terms of a favorite. This year Cincinnati 3-2 over the Red Sox. This means that if you bet Cinci and lose you have to pay thirty for every twenty bet. Again, though, if you bet the Red Sox the line might be reduced to 7-5, meaning for every twenty you bet, you win twenty-eight. These "lines" change as the bookies receive bets. The changes reflect how the public is betting. In most cases a line rarely changes much unless thereis a major injury or a sudden change in pitchers. The key in baseball betting is the pitcher. This year, for example, Nolan Ryan of the California Angels, a poor team, would often be an 8-9 favorite over a seemingly better team. The next night, with the same teams but with a weak pitcher for the Angels, the other team would be an 8-9 favorite. Basketball and football are bet on a point spread. For example, the Bills might be a nine point favorite over New England. This means if you bet the Bills, they have to win by more than nine for you to win. An under nine point win means you lose; if the game ends with a nine point difference, you will either lose of have a "push" [no bet]. Benny's bookie gives him a push. Because most pro football games are played on the same day, many betters play parlay or "if" bets. A parlay is taking the money you win on one game and adding it to the original bet for a second game. Thus, if someone bets $50 on the Bills and parlays It on the Rams, he has bet $100 on the Rams. An "if" bet is one of greater caution. It means you'll only bet a second game if you win the first, but only for the same amount. Then, if theBills win the first game, therewill be a $50 bet on the Rams. The bookie maintains an advantage. If you lose a fifty dollarbet you pay the bookie fifty five. This 11-10 advantage for him is called Law School Soccer Squad Defeats Mystery Team (anonymous to OPINION) Led Broadway Bill Ernsthaft, coach/manager/player, the law school soccer team (Mens Rea) won its first game, played Monday, October 20. The score was 6-1. In this hot duel the scoring stared slowbut rapidly became a scoring battle between Gunnar Slevert and Carl (Hot Shot) Howard. Theresult six for Gunnar; two for "Hot Shot" one for us and one for them. by - - Hard to believe, but all the combatants finished the game; forty minutes of full-field soccer with only six players (instead of the usual eleven). The game was won, actually, when the opening motion to have one of the referees play on the law school team as the sixth player was accepted. John Simpson put in some excellent goal-keepingand Charlie Speigel put in a comedy of flaws/falls and one goal. (Editor's note our anonymous correspondant neglected to tell us any information regarding the opposing team. In the interests of fair journalism, anyone having any information leading to a clarification of these factswilt be — given equal time In future issues.) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. 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The problem this year, drafted by Ray Bowie, Tom Zackner and Dave Ferster, involved a debtor who had his automobile attached in a civil proceedings, given an inventory search by the police in the course of which heroin was discovered secreted under the bumper, and who was subsequently convicted of drugpossession in a criminal prosecution on the basis of the evidence uncovered in the search. The two constitutional issues briefed and argued were the constitutionality of the initial attachment under the Fourteenth Amendment and the constitutionality of the search and seizure under the Fourth Amendment. Each team was given the opportunity to choose one side of the argument to be briefed, but through the three nights of preliminary rounds, the teams were required to alternate in arguing each side. Winning teams in the preliminary rounds were determined on the basis of their oral argument scores, which were provided by judging panels composed of local practitioners, judgesand faculty. To determine the semi-finalist teams, the brief scores, which were graded by members of the Desmond Committee, were added to the averaged oral scores from the three preliminary rounds, and the four highest-ranked teams entered the semi-finals on November. 14. Semi-finalists this year were the teams of: The two highest-scoring teams from the semi-finals, Edgette-Rogers and McCoy-Paluch, advanced to the final round on November 15, to argue before a distinguished panel consisting of Hon. Charles S. Desmond, former Chief Judge of the Court of Appeals; Hon. Matthew J. Jasen, Associate Judge of that Court; Hon. John T. Elfin, Federal District Court Judge (W.D.N.Y.); and Prof. Kenneth Joyce, Moot Court Faculty Advisor. Victory in the final round went to Dennis McCoy and Margaret Paluch. Runner-up awards went to Paul Edgette and Sharyn Rogers. Theaward forBest Oralist wasgiven to Cathy Kaczmarek, while Best Brief awards were received by McCoy and Paluch. The format for the Desmond Competition differed somewhat this year from previous years, as Moot Court Board conducted a tutorial program in which Desmond participants were advised by Board members on brief-writing and oral argument techniques. Chairman Carl Howard and Vice Chairman Ray Bowie both expressed Chairman Carl Howardwith this year's Desmond winners. satisfaction with the outcome of the tutorial program and noted that the generalquality of the briefs had improved measurably this year. Following the final round, the 1975- Desmond Competition was concluded by a buffet dinner, sponsored by the Law Alumni Association for judges and competition participants. Selectionof candidates to Moot Court Board will be done in the near future, and invitees notified by letter. Fee Distinguished Mitchell Lecturer Tonight r ellowships at the Universities of Speaking tonight at 7:30 in the O'Brian Hall Moot Court Room Mauro Professor will ■ be Cappelletti of Italy. Professor Adolf Homburger, in his Law Review note on 3ologna (1954) and Freiburg in Breisgau, Germany (1955-57: two scholarships from the Alexander /on Humboldt-Stiftung). He i Professor of Law at Professor's Cappelletti's Judicial Review In the Contemporary World, (120 U. of Pa. L. R. 578 [1972]), calls him "Europe's leading authority in the field on in his field. This book is a "thoughtful, tightly written and easily readable study that places the (governmental] systems of the Western World in comparative perspective and describes and evaluates their leading characteristics." Professor Cappelletti has a detailed proposal submitted to the Ford Foundation to "identify, analyze, and evaluate institutions and techniques which different legal systems have developed to meet this crisis {of court congestion, costs, fees, legal, aid, etc.] and which seem susceptible of successful adaption to the was the of Macerata from 1957-1962. Since 1962 he has seen Professor of Law and Director of the Institute of Comparative Law at the University of Florence. Since 1970 Mr. Cappelletti has also held an appointment as Professor of Law at Stanford University School of Law. Professor Cappelletti has taught as a Visiting Professor at the Law Schhots of Stanford (Fulbright, fall semester, 1968), Harvard (fall semester, 1969),and the University of California, Berkeley (fall semester, 1970, where he delivered the public lectures for the Chair of Italian Culture in Berkeley while also teaching at the School of Law). Professors Together with Benjamin Kaplan (Harvard Law School) and Maurice Rosenberg (Columbia Law School), he delivered the 1970 series of Cooley Lectures at Michigan University. He has lectured in University comparative civil procedure." Today Professor Homburger, who is handling the introductions tonight, states that Professor leading Cappelletti is the comparativist in the world today needs of other legal systems." His speech tonight will be an extension of those ideas, seen from a comparativist's viewpoint. Mauro Cappelletti was born in Trento, Italy on December 14, 1927. From 1946 to 1952 he studied first philosophy and then law at the University of Florence, wherehe obtainedhis Doctor Juris (summa cum laudej in 1952. He was admitted to the ItalianBar in 1952 and clerked for Professor Piero Calamandrei, the President of the Italian Bar, from 1952 to 1954. He was awarded Research sklnne -continued on page twelve Referendum—p. 9 Judge Fuchsberg Addresses Law School Carl S. Heringer On October 28, 1975, sponsored by Phi Alpha Delta and Distinguished Visitors Forum, the Honorable Judge Jacob Fuchsberg addressed an attentive crowd in O'Brian Hall. A prominent New York City attorney before joining the New York Court of Appeals, Judge Fuchsberg gave his personal viewpoints on the activities of New York State's highest court. Judge Fuchsberg views the seven man court as comparable to the six man civil jury he often faced as an attorney. Just as it is important for a lawyer to be aware of the possible biases of the judge, knowing the psychology and predisposition of his colleagues makes it easier to place the right emphasis on the right issues. In one particular case, he showed how, after polling his arguments individually for each one, conceding some points, debating others on the facts or on general principles, he swayed theCourt to an unanimousdecision. Continuous stress was placed on the importance of the attorney's need to be aware of the predispositions of the judges,and above all, to be totally prepared in every aspect of the case. Within the limited time allowed for argument in the appeals court (generally under thirty minutes) the attorney must be ready to change his strategy at a moment's notice, to respond to questions from thebench in a manner that is well thought out, accurrate, and above all, impressive to the . judges. Allowing that "cases are human, judges are human. .", Judge Fuchsberg noted that the viewpoint of a judge is affected by an oral presentation, even if only subconsciously; that there are no purely objective means of determining cases, and therefore, an attorney should always take advantage of the opportunity to speak before the court. Each attorney gradually develops his or her own style, so the need to imitate "great attorneys" is minimized, and reliance on ones own skills maximized. v Two types of Appellate Court procedure were discussed. There is jhe COLD COURT, wherein cases coming into court are assigned in -continued on page six �November 20,1975 OPINION 2 ours OPINIONS Little Insight Availed While constructive to the extent of providing administrators with direct input from concernedstudents and some much-needed visibility, the recent Open Forum (see report, page 3] at best permitted discussion of obvious and isolated, albeit significant, issues rather than any appreciable insight into why suchissues plague theLaw School. Reasons for the latter vary, of course, from the simple bureaucratic weight of the SUNY system, about which the Law School Administration should frankly admit thatit can do little, to the more deplorable, local inertia and unimaginativeness in decision-making, for which the Administration is fully responsible. Indeed, with the announced resignation of Provost Schwartz, there seems to have developed a certain drifting or marking of time within the Administration, with day-to-day administrative functions sustained only through the efforts of the administrative staff and the faculty committees. Elsewhere prevails an unfortunate tendency toward stagnation, both in major policy decisions and in daily administrative operations, which has at least intensified the problems cited by students attending the Open Forum. Those students should have been given more knowledge as to proximate causes of such problems, and it is regrettable only that the Open Forum could not have provided more insight thereto. Subsequent forums, which we hope will ensue on a regular basis, may however shed light on causation and concomitantresponsibility.. yours Happy Everything Dean Search The search for a new Dean for the FLJ is advancing to the next stage. The Committee is in the process of invitingprospective candidates to visit O'Brian. The first three that will be visiting are coming in the near future. There will be others, although the exact numberis yet to be determined. These visits serve two (at least) important functions. One, of course, is the opportunity for the Committee to evaluate those who visit. However, perhaps more importantly, it gives an opportunity for the visitors to evaluate theFLJ. It is not enough for "us" to want "them." They must want us. They must feel that the position of Dean at SUNY is a worthwhile, workable and satisfying one. They must consider the faculty a body that they can communicate with, and cooperate with on a daily basis; they must find the student body an active, vigorous group, willing to work with a forward-looking administration. As that student body, we must ask ourselves, and answer, the question: Do we present such an image? We clamor for an active administration, are we willing to accept and work with one? We demand that they are up to their task; are we up to ours? We must have our answer ready soon, we might not get a secondchance. The Walls The First Amendment to the UnitedStates Constitution protects the freedom of speech. Speech presents itself in many forms; the most prevalent in O'Brian is the poster. The ever-present, wherever-you-look poster. On the walls, on the doors, even on the bulletin boards. The official school regulations allow notices to be posted only on specially designated bulletin boards. The powers that be do not strictly enforce this, and hence the proliferation of posters, especially around election times. In and of itself, there is no evil inherent in permitting the posters to remain. They serve a valuable service, giving notice of classes, concerts, lectures, meetings, events, etc. This paper makes use of the walls in announcing deadlines, fighting for space with everyone else. However, as with everything else, there is abuse of the "privilege." It becomes extremely difficult to find class assignments amongst the myriad notices of politics, protest and free kittens. The same dilemma presents itself on the personal notice board. A second problem exists with outdated notices. We can safely assume that it is no fault of the student body when the assignments board stillholds notices from summer school, 1973. These boards should be taken care of on a regular basis. The walls, too, demand policing. There is no reason why posters and notices in November remain to announce things "forthcoming this September." Once the poster has served its purpose, they shouldbe removed, even if only to leavve some room for the next person's notice. It would also be nice to restrict posters and such to thebrick, and not the painted surfaces. Don't leaveit to maintenance keep track of your own handiwork. And by all means, do not take this to mean thatany student should take it upon oneself to patrol the halls, eliminating eachand every poster, regardless of message or origin. After alt, some of those things are worthwhile, aren't they? Remember,-a cleaner O'Brian is up to you. - The Best Criterion Pursuant to requirements established by the SUNY Trustees in order for the State University to collect a mandatory activity fee for student governments, the Student Bar Association will be conducting its quadriennial referendum November 25 and 26 on the question of whether the $15 per semester activity assessment shoukJ be mandatory or voluntary. Being one of the rare occasions on which law students will directly be able to determine the amount of a University assessment and the nature of the educational opportunities availablehere, no student should forego the balloting on this question. Supporters of the current mandatory fee system, in which students must support activities funded by the SBA in order to register at the Law School, note that the activity fees presently support a wide variety of activities and groups which offer law-related educational opportunities worth the while of practically every law student to some extent. Without a mandatory fee, they argue, many of these will simply cease to function on a voluntarily-funded basis. Those who advocate voluntary activity fees reply that relatively unpopular activities should not expect forced subsidization and that those activities which are genuinely popular will be voluntarily supported by students on either a subscription or pay-as-you-go system. Others contend that a mandatory activity fee coerces students to support certain groups and causes to which they may either conscientiously object or simply lack interest in. Good arguments doabound on both sides, but undoubtedly most voters will simply ask themselves whether the benefits they receive from the SBA and its funded activities are worth the expenditure of $15 each semester. That criterion is, regardless of the emotional appeals on both sides of theissue, easily the best. To Everybody! Our Policy: Please submit letters typed and double spaced or neatly printed. All letters must be signed, no anonymous correspondence will be accepted. Names will be withheldupon request. Opinion reserves the right to edit all submissions for length and content. Please include a telephone number, as we attempt to confer with everyone should some change be necessary. The above policy also pertains to all columns, articles and announcements submitted for publication. Volume 16, Number 4 November 20,1975 S Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: T.J. Centner, Victor Rostow, Jeff Chamberlain, Lawrence M. Meckler, Myles Elber, Howard Achtsam, Andrew M. Puritz, Jack Pawlick, R.I. Glick Contributors:Rosemary Roberts, Chris Carty, Dan Slade, Howard Stirling, Cathy Novack, Usher Fogel, John Simson, Abbott Gorin Copyright © 1975, Opinion, SBA. Anyrepublication of material contained herein is strictly prohibited without the express written consent of the Editor-in-Chief OPINION is published every three weeks, except for vacations, during theacademic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. �November 20,1975 OPINION Student/Faculty Sound-Off by Ray Bowie on the quality of legal education available at the Law School, adding that students' general lack of self-confidence was the major problem. comments Responding to an invitation from the Administration and the Student Bar Association, approximately fifty students attended an Open Forum to avail themselves of an opportunity to question law school administrators on a variety of issues concerning students here The Open Forum, devised by the Administration and SBA officers, was the first such event of its sort conducted here in recent years. Provost Schwartz, Assistant Provost Fleming, Law Wenger, Librarian Registrar and Wallin, Administrative Assistants Allan Canfield and Erica Federman represented the Administration. Provost Richard D. Schwartz, Administration addressed the assembled students with acting as spokesman, functioning in the Library. Provost Schwartz expressed his own concern with funding cutbacks in the area of Library acquisitions, which were making it With the floor opened to difficult for the Law School to student questions and comments, build up deficient collections however, other concerns were wherein the School currently has only between 25% and 40%of the quickly raised. volumes listed by the American Numerous questions evidenced Association of Law Schools as student dissatisfaction with the constituting an adequate law Law Library, particularly the school library. overuse by non-law students, Several students also cutback in hours, and inadequacy questioned reductions in the of photocopying facilities. Provost availability of educational loans Schwartz promised that the this year, claiming that the living Administration would investigate expense estimates calculated by the possibility that restrictions the University Financial Aid might be placed on non-law Office were unrealistically low. student use of the Library, while Asst. Provost Fleming replied that Mr. Wenger pledged that efforts the effort this year was to keep would be made to extend Library the law student "budget" at the hours through work-study money $2750 figure as opposed to even and that two lower amounts which might have eventually photocopiers would be resulted if medical students were 3 Douglas Steps Down As we went to press, the news reached us: after thirty-six years, Justice Douglas was stepping down from the high court. Citing poor health as his reason, JusticeDouglas brings to a close an unprecedented lifetime of service to the United States. Always courageous, often controversial and outspoken, he devoted his judicial career to the preservation, protection and defense of the U.S. Constitution. His influences on the U.S. legal system will be felt for decades, as will the spirit he gave to the Supreme Court. We salute Justice Douglas, and wish him long life. He has earned his place in American history. given "budgets" higher thanother teaching. Provost Schwartz graduate students. Next year, responded with a discussionof the Fleming added, he will be the Law nature of law school teaching, the School's representative on the history of writing instruction at Financial Aid Committee and will fight for a higher living expense estimate for educational loans. Other questions were directed to the new first year writing program, in conjunction with allegations that the program was makeshift in nature and evidenced a lack of faculty commitment to the Law School, and the burden which the previous writing programs imposed on teaching resources. The current program, he concluded, constituted ar> attempt to provide the instruction within the constraints of budget limitations and diverse faculty interests. Turn of the Screw by Chris Carty The subject .of_..this, column- .is;,'the;registr.atjenprocedures for is slated to begin December 2 for third yearstudents, and December 4 for first and second year students. However, these dates only apply to the standard computer registration. There are special deadlines precedingregular registration both for third yearand first yearstudents. Those third year students registering for New York Practice may pick up "lottery ballots" (available as of Wednesday, November 19) at the Registrar's Office. These must be returned before Thanksgiving recess. There will be two sections of New York Practice {Homburger and Davidson). Because of the overwhelming popularity of Professor Homburger's class on this topic, coupled with the impossibility of insuring everyone a fair chance of admission under computerized registeration, the lottery method has been substituted. First year students already should have received a registration packet requiring each one to cast two separate ballots yesterday for Constitutional Law I and for Property. These results will be posted this week on the bulletin board on the third floor. The third ballot for the writing section must be returned to the Registrar's Office before Thanksgiving recess. These results will be posted immediately following the recess. First year students may then register for. one or two large group electives on December 4. Second year students have been spared a lotteryand register for all courses on December 4. At this juncture a few words about the mechanicsof registration seems necessary. Each semester the following COURSE INSTRUCTOR Coll. Bargaining in Govt. Collective Bargaining Conflict of Laws Public International Law Constitutional Law IV Estate Planning Gratuitous Transfers Federal Tax 11, New York Practice 1(5 hrs.) New YorkPractice 2(5 hrs.) Commercial Transactions II Securities Regulation Trial Technique (4 hrs.) Data Banks & Privacy Criminal Procedure II Debtors Rights Woman The Law Counselling Small Business Law in the English and Newhouse Atleson Bell _ rumors, among others, circulate among the students as the disenchanted among us get closed out of a seminar or .CGU.se taughtby a favoriteprofessor: (1) Having a high social security number guarantees you'll get into your first choice of courses; (2) having a low social security number will have the same effect {depending upon to whom you talk); {3) third year students get preference over all other students for any class; (4) even jf out of a course by the computer, you can get in by being "force registered" with the instructor's permission; {5). even if you get closed out of a course you can sit In on your first choice (despite the clear designation on your course registration card that you are registered in Section 2, not Section 1),go to the professor at the end of the semester, say you didn't know you were in the wrong section, take the exam, and victoriously beat the system; and (6) {this semester there is a new rumor) second year students don't stand much of a chanceof getting into the courses of their first preference since they are being squeezed out either by the third year or the first year students. I will describe the registration process as it will be carried out this semester in response to each of theabove. After the lotteries have been completed, and the results posted, the registration to be done by computer will be handed in. Third year student's form will be sent by computer will he handed in. Third year student's forms will be sent classes. After the results of this first batch are known, the second and first year students requests will go American Revolutions Business Planning Simulated Law Firm 1 Simulated Law Firm 2 Lawyer Client Clinic Leary Mann Mugel Joyce Joyce Homburger Davidson Spanogle Lybecker Staff McCarty Allen Girth Blumberg Zimmerman Gordon Lybecker Magavern Kaplan Rosenberg Wolfgang Hollander , Karp SEMINARS (3 hrs.) INSTRUCTOR Appellate Practice Internal Union Democracy American Legal History Implementation of Legal Policy Desmond Atleson Lindgren Galanter Problems of Environmental Quality Law and Development Reis/Galanter Formal Models and Methods in Legal Process McCarty Social Legislation Albert "Stateand Local Tax to the computer as one batch. First year students will not have a priority, even for the 13 so-called large group electives open to first year. However, many of the courses likely to be requested by first year students already have been taken by upperclassmen, thus, it is unlikely that first year students will get closed out of their choices, students will get closed out of their choices, a sorting pattern based on high or low social security numbers. The effect is that for each course either high or low social security numbers will have preference foradmission to the course. However, it is never known to the Law School whether high or low numbers are used, or when the sorting pattern is changed since thisis donerandomly. If you are not registered by the computer offor a course, it usually can be traced to one of two reasons: a check-stop or the course was filled. To avoid the former, all bills (including library fines, parking tickets, etc.) should be paid before Thanksgiving. As to the latter, one can be forced registered with the professor's permission. However, there are always a few courses every semester for which this is not allowed. New York Practice for Spring Semester falls in this category. I do not recommend sitting in on a desired class in spite of being registered for another. It has worked effectively in the past as a means to get the classes of one's choice, but was strictly forbidden a year ago. I do not know of anyone who has tried and succeededsince then. All second year students interested in the Simulated Law Firm (SLF) for the second semester, there will be a pre-registration taken at the Registrar's Office. The deadline will be December 2. The following is a summary of available offerings for next semester: and Finance of Law Seminar in Philosophy of Law Greiner Franklin Bankruptcy Reorganization Bell Girth ADDITIONAL ELECTIVES OPEN TO UPPERCLASS ALSO OPEN TO FIRST YEAR STUDENTS Administrative Law Criminal Procedure Administrative Law Evidence 2 Family Law Labor Law I Commercial Transactions _ Civil Procedure II Civil Procedure II Law Social Change Perspective on the Criminal Process Gifford Allen Gifford Siemer Swartz I Kochery Schlegel Siemer Kochery Galanter Hosticka �November 20,1975 OPINION 4 Faculty Debates Appointments By Jack Pawlik The Faculty meeting of November 5, 1975 was perhaps most notable for the debate centered upon the proposed offer of faculty positions to two potential candidates. This debate lasted over 'V/.> hours. But it was a mere symptom of a critical problem which the law school must now face: money. The Dean's Faculty memorandum of October 29 forecasts a zero growth budget, "at best." A 5% cut is "not unlikely." Needless to say, this puts a tremendous strain on this law school's attempts to expand programs, improve and gain increased national recognition. It also raises serious problems in recruiting additional faculty members. This was most clearly demonstrated at the rather lengthy Faculty meeting. Approval of offers to two candidates which only a year ago would have been almost routine has been boggled in sometimes bitter debateand dilatory tactics. The gravy train is now over. Money problems exist and cannot be ignored. Increases in law school expenditures now require strict justification and a sense of bureaucratic approvals in the SUNY system. This dismal picture, however, is somewhat brightened by the appointment of Ms. Virginia Leary as Visiting Associate Professor for the period from January 1976 through the 1977-78 academic year. Ms. Leary will teach the basic course in Public International Law. Other appointments, however, will be subject to further debate among the faculty members. Should the Faculty select extraordinary talented individuals over persons merely competent to teach in understaffed areas? It is this question and other equally debatable questions which the Faculty must consider in offeringappointments in the new world of limited financialresources. — Earl Carrel Where Are You? Environmental Notes Did you know that the garbage you throw out as waste today may be worth as much as $5/ton as a source of energy tomorrow? Dave Finnegan, a second year law student here and formerly Director of the Solid Waste Task Force for the NYC addressed Environmental Protection Administration, the Environmental Law Society on Wednesday, solid waste November 12 on the subject of management and energy recovery. In discussing the prospect for a bullish garbage market, Dave explained how modern techniques for the recovery of energy from solid waste could bring profits to most urban areas of the country. A large proportion of mixed municipal refuse is paper which is an excellent fuel. Applying the proper technology to the reuse of garbage as an energy source, Dave explained, could procude as much as 2. % of the total energy needs of the U.S., or enough energy to light America. All technologies for solid waste recovery begin with an elaborate system for storing and isolating the most recoverable forms of garbage. Once "cleaned," garbage can be expected to produce 7-8,000 BTU/ton, inefficient compared to oil, but cost effective in light of the rising price of conventional fossil fuels. , Techniques vary from the established use of water wall incinerators (but with problems of high cost of air pollution control and inefficient energy production) to elaborate methods of pyrolysis, a process of burning oxygen to heat garbage to such a degree that methane, a clean gas, is produced. Locally, there are competing proposals for new technology solid waste conversion plants by Hooker Chemical Co. and Niagara Mohawk for Erie and Niagara Couniies. A number of problems stand in the way of the advancement of resource recovery from its present experimental stage. Foremost seems to be the lack of federal monetary commitment. While local governments will spend up to Vi their environmental budget on waste collectionand disposal, the feds are spending 10 cents on solid waste for every $10 on water pollution. Another problem is the inequitable tax treatment of secondary materials in relation to virgin materials, the latter subject to tax credits in the form of depletion allowances while no such incentive for the use of the former exists. Finally, excessive use of packaging materials could be made the subject of administrative regulation in order to ease the strain on the ever increasing mounds of municipal garbage. Kent — HowardRosenhoch Justice as Respect On November 11, Professor Edward Kent of the Philosophy Departnjen'f of Brookley College, (C.U.N.Y.) presented a lecture entitled, "Property, Person and The focal point of the presentation was whether an affluent society in the name of and traditional concepts of can deny basic human needs to people without becoming a fascist political system. Prof. Kent began by stating that the underlyingprinciple of such regiemes as Hitler's Germany, or the Soviet Union under Stalin, was to deny that particular individuals were people. In this way genocide could be justified as an expediency to protect theinterests of the society as a whole. Consequently Prof. Kent establishes his concept of justice as respect for the claims and demands of persons, persons being defined as "a human being possessing certainmental capacities and endowed with fundamental legal rights and powers." The question then presented was, how does this system of justice differ from the one established by John Rawls' "A Theory of Justice?" Mr. Rawls' concept of justice as fairness, is based on two major principles. These are: 1) equal liberty, dividing up the pic in equal pieces so to speak. To justify this premise Rawls relies primarily on Rousseau and Kant as representing traditional social contract theory, and upon procedural due process, 2) the difference principle, which means that primary goods and benefits can be distributed in a discriminatory manner where such a distribution has the effect of benefiting society as a whole. What Rawls was really describing was the social welfare society of the 1930's here in America. Such a conceptual scheme could work only with a steadilyrising GNP since the poor would receive greater benefits, even though other parts of the society were more affluent, i.e. the discriminatory distribution of benefits was serving society as a whole. This analysis has become increasingly suspect as the American economy falters. The burden of bearing cutbacks falls disproportionately upon the poor, without any indication that the whole society is benefiting. The underlying fault of justice as fairness is the confusion of self-respect with economic benefit. Prof. Kent distinguished self-esteem (the worth one gives oneself) from self-respect (the attention or respect a social system is to give any individual). An example of this distinction wouldbe a defendant in a criminal trial who has little self-esteem, nowever, the judicial system should treat him no differently from any other defendant. Respect for person then is the basis for Prof. Kent's system of justice and properly rights. Hopefully a progressive society will give to each person the opportunity to live at least at basic productive levels. Prof. Kent did not draw any ground requirements due a "person." However, one thing was clear to him: that a society where 1,000,000 infants face the real possibility of brain property, Neighborhood Legal Services by HowardAchtsam After giving thought to the manner in which to describe the functions of Neighborhood Legal Services, I decided to relate the functions that I have performed there. It is not meant to be an exhaustive analysis of the functions of Neighborhood Legal Services, but is fairly indicative of the work done there, especially the work of a law student volunteer. Clients who have legal problems and who are eligible for the services of Neighborhood Legal Services make appointments to talk to an attorney or a paralegal. Part of my job was to interview clients in order to ascertain the type of problem the client had and the factual situation of the case. In certain instances, I followed up on this interview and handled the case. The remainder of the cases were assigned to attorneys or paralegals who would get in contact with the client. I handled cases in two ways. I usually had one or two cases that I was completely responsible for from the initial interview through its final resolution. The type of legal work involved might include preparing the necessary papers, keeping in contact with the administrative agency involved, and performing, legal research. I was constantly in contact with the client in order to allow the client to be completely informed. Since the cases at Neighborhood Legal Services often deal with administrative agencies, the case frequently moves along slowly. During the times that I had no work to do on my cases, I would be given, by the full-time staff, various tasks to perform on parts of cases. This might include researching issue, and an presenting, in an informal manner, the conclusions to the person working on the case. Very often it meant telephoning the clientor an administrative agency to find out the status of the case. Law students who are not part of the Clinic of the Law School cannot argue cases before any court. Therefore, if such argument was necessary, I would get an attorney from the Office to perform the oral argument. The type of case that comes up most often involves welfare matters. It is usually where the client has welfare eligibility terminated, or where the welfare department claims that the client owes money to the department. These cases, if they cannot be settled, often go to a fair hearing, which is an administrative hearing conducted by the welfare department. A law student is permitted to represent the client at a fair hearing. The agency's decision is appealable to the New York Stale Department of Social Services, and then to the courts. There are a wide variety of other types of cases dealt with by Neighborhood Legal Services. The most frequent cases, besides welfare matters, include family law, consumer protection, and housing problems. damage due to malnutrition (N.Y. Times - skinner 11/1/75), or where from 1965 to 1967 (the last reported years) the Federal Government extr^jjed ffom New York State $7.4 billion more than it spent there, while feeding the Military Industrial Complex coffers of the South and California (monetary figure is based on an article by Seymour Melman, N.Y. Times 11/1/75), such a society cannot survive basing such inequities on notions of managerial efficiency and independence. Such slogans obscure what is in truth the abdication of the Judeo-Christian and also Marxian concept of social responsibility irrespective of one's place in the economic order. (Notice how the A.M.A. forestalled medical services to the poor in the name of preserving the doctor-patient relationship). It is Prof. Kent's contention, that more than the monied class, it is the legal community which allows for the lethal system of maximization of profits to continue unmolested. For what are Gerald Ford, Richard Nixon, or John Mitchell but attorneys. It is the responsibility of the legal profession to stop the overreaching of the doctrine of plant efficiency where the results are genocide, and to redirect revenues and benefits so that human dignity does not take a subordinant role to badges of wealth. To be sure, much of this work needs to be done in the political rather than legal spheres, but it is the obligation of attorneys to increasingly expand American consciousness to include the broad notion nl respect for person as being of paramount concern. �November 20,1975 OPINION 5 The Brooklyn ENDBOTHFE AR Side by Carl S. Heringer by J eff Chamberlain It was only a matter of time. How long, I asked myself, can I refrain from mentioning the plight of New York in this "The presidency is the greasedpig in the field game ofAmerican politics. It is held by the . *Upstarts and Anachronisms - - in case result, I have been Things this welled up out of my dreams (nightmares?) and cried out to the world HELP! Read what John Steinbeck said about New York City, in 1953. It's still true today. He talks of a young man from a small town, a big fish in a little pond. He goes to The'City, (always capitalized) and can't even make a ripple. He goes unnoticed, defeated by the very mass alone. Until, - . ". .one day he falls into place, accepts the city and does not fight it any more. It is too huge to notice him and suddenly the fact that it doesn 't notice him becomes the most delightful thing in the world. His self-consciousness evaporates. If he is dressed superbly well there are half a mil/ion people dressed equally well. Ifhe is there are a millionraggedpeople. in rags If he is tall, it is a city oftallpeople. Ifhe is short the streets are full of dwarfs; if ugly, 10 perfect horrors pass him in one block; if beautiful, the competition is overwhelming. If he is talented, talent is a dime a dozen. — — - scott speed ready to stand up and defend my birthplace. For decades the nation accepted untold millions of immigrants, welcoming them through New York City, offering them rest, food and a new life. New York City was always there, ready to help. Everyone smiled, and said "Isn't America wonderful." They really meant "Isn't New York City wonderful," for New York City was doing almost all of it. The entire nation took credit when the City was "I don't think New York City is like other "good." Now noone cares enough to raise a cities. it is everything, ft can destroy a helping hand (and a helping dollar). man, but ifhis eyes are openit cannot bore This isn't a plea along the usual lines, i.e. N.Y.C. default ■ N.Y.S. default = U.S. him. economy collapse, although that is a factor "New York is an ugly city, a dirtycity. Its to consider. Rather, this is an emotional climate Is a scandal, its politics are used to call to alms. New York City is an integral frighten children, its traffic is madness, its part of this nation's, and the world's, competition is murderous. But thereis one history. It is bigger, brighter, lighter, and thing about it once you have lived in yes, darker, than any that has gone before New York and it has become your home, it, or any that we are likely to see again. no place is goodenough." Are we really so willing to cut loose such a structure? For too long the nation has New York City is the place you love to asked, What can New York City do for me? hate. If you're a native, say what you will. It's time to ask, What can we do for New If you're not, then shut up, for I'm always York City? .. - Notice to Students From: Cathy Novack, Treasurer Re: Fee Waivers Reinstituted - Pursuant to the Office of Student Affairs' reading of the Trustees' Guidelines, which control mandatory student fees, fee waivers are now available for the '75-76 year. Fee Waiver Procedures and Applications are available in the SBA office {Room 113) as well as from the Third Floor Registration Desk. The guidelines by which a recommendation for acceptance or rejection of the fee waiver will be determined, are as follows: a) b) c) - leader of a small group of men of whom and of whom only it is positively known that immense numbers of their fellow countrymen did not want any of them for President." A mbrose Bierce space? How long, before those years of stoopball, stickball, boxball, freezetag, ring-o-leeveo, bright lights, dark streets, crowded streets, stores, cars, tall buildings, old buildings, new buildings, strange places, friendly places, friendly faces, strange faces, languages how long before all of . Applicant has loans outstanding as follows: Ist yr. student 2nd yr. student 3rd yr. student The fee will be waived. - — haven't noticed are somewhat boring around here. As a reading newspapers, which I normally avoid. There are only two subjects in the newspapers, the imminent financial collapse of New York City, whichis important and hence uninteresting, and the American presidential sweepstakes, which is trivial and hence amusing. Gerald Ford will be the Republican candidate. He is a McKinleyesque statesman, who shrinks from the distinction of public life and diligently seeks the honorable obscurity of public office. Mr. Ford's qualifications for the jbb are impressive. In addition to not being female, black, or otherwise incapacitated, he has fallen down the ramp of an airplane; been in a car accident involving a teenager who ran a green light; tripped over a man in a wheelchair (causing the secret service to assault a ten-year old boy carrying a small American flag); cut his head by banging it agianst the roof of an airplane; fallen down while trying to walk over a level, dry surface; and who has learned the preferred pronunciation of the word "judge-a-ment." In his politics, Mr. Ford is forthright and humane. "I strongly support the feedingof children,"he saidabout the school lunch bill. Ford's only real Republican competition is Ronald Reagan, an out of work actor with (sometimes) orange hair. Politically, Reagan stands slightly to the right of Edward the Confessor, which has enamored him to large numbers of sensitive, intelligent and sophisticated American voters. Mr. Reagan is a goodpublic speaker; even bad actors learn to memorize lines. Unfortunately, his memory span is only about 50 minutes if the speech or discussion lasts longer than that, Reagan sounds like Ford. Jimmy the Greek makes Reagan 's chances for the nomination 4-1 against. Undaunted, the present Mrs. Reagan, who did not "used to be in" "Father Knows Best," was overheard in a supermarket explaining the exact differencesbetween gowns appropriate for the wives of presidents and vice-presidents. Since Mr. Ford is currently the president, he is known as the incumbent. There are a whole slew of outcumbents, who are known (individually) as Democrats and (collectively) as The Greatest Show On Earth. Most of these are merely stupid, though some of them have the distinction of silliness. None of them has, to my knowledge, the natural equipment to accomplish some small part of the baser ambitions which distinguish-atrle men from dead ones. This is why they are Democrats. First and foremost among Democratic candidates for president is Senator Edward Kennedy, who is not a Democratic candidate for president. If this statement strikes you as odd; you are in the minority; if the statement does not seem odd to you, then you have rare insight into the workings of American politics. Birch Bayh is running. Senator Bayh was asked to speak at the NOW convention. He got tired of waiting for those fractious women to elect their own officers, and left. As he was leaving, the Village Voice reports, a "jocose sister clutching a poster of a fat man with a small penis and a baldhead" asked about his "links with Wesson oil." Scoop Jackson is a thinking man's Dr. Strangelove. Jimmy Carter is a nice guy who's been in over his head sincehe quit peanut farming. Fred Harris drives a Winnebago. He also advocates breaking up large corporations, which may explain why he drives a camper. He is no relation to Ladonna Harris, who is described as a Commanche Indian and a strong proponent of women's rights. She is generally conceded to be an underdog. Milton Shapp is or used to be the governor of Pennsylvania, which is all I know about Milton Shapp and which is a piece of information I could easily have lived without. Terry Sanford fancies himself the Dwight Eisenhower of North Carolina. Morris Udall would enfranchise the fauna and flora, for whichhe has gained a following mostly of eagles and elm trees. Sargent Shriver is a nurd. George Wallace can't walk, hear, or think. Any liabilities imposed by the first two maybe outweighed by the appeal of the last: he is, after all, the "people's" candidate.Hubert Horatio Humphrey is running. If you wonder how the democrats could possibly choose fromamong this sterling collection of international statesmen, recall that they always do. But by so choosing, they will overlook the one man whose obvious qualifications for the office of president are simply compelling. Thisnewest entrant to the field is one George Roden, of Waco, Texas. Mr. Roden is a minister,and the vice-president of the Davidic Levitical Institute. He is a declared candidate for the Democratic nomination forPresident of the United States;his name is filed with the Federal Election Commission. Here is an excerpt from his platform: "If I am elected president, the space rpogram will increase to the point that space travel between Europe and America and elsewhere will be as extensive as jet travel is for transcontinental flights, if not more, eventually ... In addition to space travel, I have ah invention to prevent air crashes caused by failureabove 5000 feet." you - $ 7,500 9,000 10,500 Applicant has minor dependents and those dependentshave been issued a medicaid card. The criterion being if the applicant has a total income of less than $4,200 for a family of three, this is consideredfinancial hardship and the fee will be waived. If the applicant has a special problem causing hardship, evidenceof such problem is to be presented to the SBA Budget Committee which, after verification, may waive the fee. The Deadline for filing fee waiver applications is November 30, 1975 for the Fall '75 semester and by February 15, 1976 for Spring '76. Note: If your fee has been paid, you may still receive waiverwhich would simply entail receiving a credit for the $15.00 from the Bursar. . ApOIOQISS: In the last issue of OPINION, credit for Ray Bowie as author of the Law School History, was omitted. Sorry about that, Ray. �November 20,1975 OPINION 6 BLP: Members Testify for State Legislature On November 18, 1975, four members of the Buffalo Legislation Project testified before a Joint Session of the New York State Senate and Assembly Committees on Consumer Affairs and Protection on the subject of credit reporting. The four BLP members, Leslie Haggstrom, Alan Lichtenstein, Morgan Seeley and Ira Wiesner, are presently researching and analysing practices in the credit industry and possible remedial legislative action under the auspices of Pat Marinelli, the Administrator of the Assembly Consumer Protection Committee. The major focus of the project has been to analyze abuses against consumers caused by various industry practices. These practices may involve the accuracy and the scope of information which is collected, stored and disseminated in the industry. The Federal Fair Credit Reporting Act has had some success in its attempt to deal with the issue of accuracy in credit reporting. However, little if any legislation has been enacted which insures that the consumer's right to privacy is being protected. The issue of privacy is the primary concern of the New York State Legislature. Some of theabuses taking place involve the collection and virtually uncontrolled dissemination of hearsay reports known as "raw files." These fileshave dealt with an individual's drinking and sexual habits, political and social affiliations and other at best questionable data used in the granting or withholding of insurance, credit and employment. The Buffalo Legislation Project is currently preparing to attend another set of legislative hearings in February. The BLP is pleased to be able to offer its members the opportunity not only to research and draft legislation, but also to play a greater role in securing its enactment. The Project plans to maintain its expanded role in the legislative process. Membership applications for the BLP are now being accepted from second-year students. Anyone interested in BLP activities should stop by the new BLP office in rooms 643 and 644 on the bridge between O'Brian and Baldy Halls or call 839-2494. Law Day Conference On Sunday, November 9, the Puerto Rican Law Students Association sponsored its first Law Day Conference. The purpose of the event was to encourage more Puerto Ricans to apply to UB Law School in view of the drastic reduction in the number of minorities attending professional schools. Mr. Julio Garcia, the only Puerto Rican practicing attorney in Western New York, gave a presentation on his experiences in practice, particularly his relationship to the minority community. Moderator and president of the Puerto Rican Law Students Association, Raul Figueroa, brought home the need for Puerto Rican lawyers by stating the results of various nationwide surveys. Carlos Rodriguez, a senior law student, spoke on the admissions policy presenting a step-by-step analysis of a prospective minority student's The other participants were Nilda Pabon, a senior, and freshman Rosivette Morales. Aside from answering general questions relating to law school, Ms. Pabon and Ms. Moralesdealt with issues concerning the role of minority women. Other topics discussed included: the repercussions of DeFunis,sk'iHs needed in the legal profession, the future of the job market, and financial aid. The PRLSA wishes to express its gratitude to the members of the UB undergraduate organization "PODER" and the State College Association "ADELANTE" for their support and contributions. - Land Resources Management for N Y State During the weekend of October 24-26, the Environmental (EPL) held their Fifth Annual Convention in Canandaigua, New York. EPL is a non-partisan coalition which has working been for sound environmental legislation and its effective administration in New York State since 1969. EPL has two basic functions: (1) it employs a full-time lobbyist in Planning Lobby Albany in order to provide public officials with continuing research and information on environmental issues: (2) it provides the public with i nformati on on environmental events in New York State by publishing a monthly newsletter and an annual New York Environmental Voters Guide. The convention theme was "Land Resources Management for Fuchsberg... -continued from page one rotation. Each judge is given a particular case, and is required to give a report on that case to the others; in a sense, a preliminary opinion. When a case comes up for argument, you can tell which judge was "on" that case by the questioning. Each judge wouldhave only a superficial knowledge of the other cases. It would take several weeks for the reports to circulate, and to reach the decision stage. The method thatis gaining in popularity, and is now in use in New York State, is the HOT COURT. Every case (briefs and records) must be filed three weeks before term, and they are given to all seven judges. Seven arguments are generally heard each day while in session, and none of the judges knows which case is "his". After the orals, the judges retire: and draw their case by lot. Work begins that night, since the next morning brings a conference wherein each must be prepared to orally present it to the others the issues, principles, recommendations, and reasons. Each judge then gets an opportunity to offer his arguments on that case, based on his intensive threeweeks of preparation before the court calendar began. Note that this is repeated each day as the cases are presented, so that full performance is required from every judge, every day. Naturally, each judge must be well versed in every case, as opposed to the other method of review. The brief serves as the major item in the judge's attention, and must be complete, to make sure that every aspect of the case is brought the court's attention. The trial record serves as a research source, to and the oral may be insufficient to cover every issue that the attorney wishes the court to consider. Judge Fuchsberg stated that the legal profession is the most crucial one is today's society, if society is to keep its values, as the influenceof church, home and family diminishes in importance. He pointed out the law-oriented "revolution" that has taken place in the past few years, the inroads made in the rights of women, children, incompetent persons, the military, the environment, changes in "every direction you might go." Reiterating that the leadership of our profession will help determine the direction of society, the Judge pledged to speak out publically on issues that are importantand warrant discussion. The law must be sensitive to the needs of the society, to legal values, or it will be unduly subjected to pressures from without the legal community. Commenting on the problem of the inadequcy of counsel in too many cases (citing that one third of the cases that are lost due to inadequacy) and pointing to the need for rules to set aside verdicts on this ground, he stressed the need for furthereducation on the part of - Conservation new regulatory mechanisms of Environmental single-purpose legislation (DEC). (Mr. Hullar was former County Wetlands head of the Erie {centering on the Tidal Act, the Freshwater Wetlands Act, Department of Environmental and the Adirondack Park Agency Quality). Act), the increasing role of the The second panel discussion, courts in affecting land use entitled "Land Use Planning policies, and the progressive land Alternatives for New York State", use trends in other states. The forcused on the Coastal Zone panel was moderated by Ted Management Critical Resource Hullar, Deputy Commissioner, Area Designation, and the Land De partment of Resources Management and Local NVS Assistance Act, a study bill introduced during the 1975 legislative session by Herbert A. Posner, Chairman of the NYS Assembly Environmental Conservation Committee. Mr. Posner, a member of the panel, discussed some of the timely questions motivating his study how proposal, including conservational and development interests can best be reconciled, and how the objectives of full maximum disclosure, participation, and expeditious review can be achieved in land use decision-making. Posner said the main goal of the bill is to assure that the future growth of the state proceeds within the frameworkof an effective planning process and is guided by legislatively approved statewide goals and policies directed to land use and taking into account all relevant physical, social and economic development factors. Senator Bernard C. Smith, Chairman of the NYS Conservation, Recreation and the Environment Committee, also participated in the panel. Workshops following the panel discussions were intended to shape EPL policies in various areas. Subjects included Citizen gllck Suits, Environmental Education, Bikepath Legislation, Water and Forest Preserves Resources, Air an attorney before becoming involved with advocacy and Parklands, and Returnable There are too many Instances where the lawyer displaysproceedings his lack of Containers. preparation, insight and dedication to his cause. The integrity of the On Sunday, the convention legal profession in New York State has lasted for two hundred years concluded with panel discussion and it must continue to exist. a ■ entitled "New York State Energy Many of the questions following the well-received address Policy: What the are concerned the then upcoming elections, and the various amendments on the ballot concerning the court system. Several touched upon Alternatives." The Panel included representative a from DEC, NYS upcoming cases, which of course he could not comment upon. In all other instances, then and during the reception following the talk, the Public Service Commission, and a Judge was candid and receptive to each student and faculty memberhe public utility representative. by the Environmental Law addressed. Society New York State." Two panel discussions provided a framework from which to explore more specific issues, which participants had a chance to deal with in more depth in small workshops. The first panel, entitled "Current Trends Shaping Land Use Policies," included consideration of the increasing Federal role impact land on use decision-making, the impact of - ' �November 20, 1975 OPINION 7 Criminal Justice Training Program Starting Spring Semester, Carl Hosticka and Richard Schwartz will head the new Criminal Justice Training Program. This program, proposed to run concurrently with the three-yearlawprogram, will focus on training the new attorney to be aware of problems in the criminal justice field, and to be capable of handling such problems. Upon graduation, those involved will receive some recognition of their specialexpertise. (An excerpt from the official outline besldgseribe&theprogram: plan In a period when the problem of crime has become a major public concern, the criminal justice system in America is characterized by neglect, inefficiency, and corruption. Efforts at improvement have been undertaken by lawyers acting both in their traditional capacity as advocates and judges, and in newly developing roles as policy-makers, and researchers, administrators. To prepare lawyers to contribute to these efforts more effectively, we have developed and implemented a coherent program for law students who want to gain an in-depth understanding of the criminal process in anticipation of careers in either the conventional or developingroles. The program is conceived to be a systematic and comprehensive program of instruction designed to provide law students with: (a) the understanding and skills to participate effectively and creatively in the criminal justice system, by providing a conceptual understanding of the social, political and legal aspects of the criminal justice system, from the varying perspectives of the practicing lawyer, the policy and deeiison maker, the change agent of various types, and of persons and families caught up in the criminal process. (b) the skills and techniques necessary for the practitioner to function effectively as prosecutor or defense attorney within the system, from practical preparation to post-conviction remedies, including the services required to assist the ex-offender in his readjustment to society; and (c) the tools essential to facilitate constructive change in our system of justice, not only by the traditional practitioner (who plays a uniquerole in the American legal system in proposing and implementing change in the system) but also by those lawyers performing newer functions in government and private planning agencies, foundations and the like. This program envisions a sequential mode of instruction spanning the three years of the professional progarm, including theoretical exploration, field observation and research, and guided action as a participant in the criminal justice system. It will follow established models of experiential learning with sequenced periods conceptual of development, experience, reflection and and action. Thus refinement, conceptual students in the first year will receive instruction in doctrinal analysis of criminal law and criminal procedure plus conceptual models of the criminal process developed by the social sciences. This will be followed by a period of observation andresearch on the cirminal process as it exists in Western New York during the summer between the first and second years of law school. A seminar in the fall semester of the second year will be offered to provide an opportunity for reflection and conceptual refinement of the social reality of the criminal process. During the second year, students may deepen their understanding of legal doctrine by taking an upper-class seminar concerned with aspects of the criminal law. They may also begin a period of guided participation in simulated or live client representation in criminal matters. In the third year, students will be given the opportunity to apply their acquired conceptions and skills to an identified deficiency in the criminal justice system, either through senior seminars or independent studies. They will also take a second regularly offered upper-class seminar devoted to analysis of legal problems of the criminal process. The first cycle of the program consists of a formalization of the experience of the offered course in Criminal Procedure as a follow-up to the required course in Criminal Law offered in the first semester. In the fall semester, immediately following, students will be offered a seminar similar to that offered this fall which will focus on the experience of those who participated in the observation stage. Students will share their findings with others and attempt to reach a comprehensive understanding of the criminal justice system as it exists in the social context and reach for recommendations for reform that will be both realistic and effective. regularly the program. One or more faculty members will then set up meetings with all the students whose proposals survive thisinitial screening to suggest directions for revising proposals which will be resubmitted for final selection. We anticipate that the final selectionof projects will be made before the middleof March, at which time thosestudents whose projects have been funded will be expected to attend a continued series of not-forxredit meetings, receiving instruction in the methodologies of .:3ld research. During this period, negotiations for specific access should be completed and research designs perfected so that, after a NON-COURSE OFFERINGS brief period of respite following final The organizing focus for nonxourse examinations in May, students will be offerings will be the summer period of prepared to begin field work at the observation and research. No later than the beginning of June. As in any good research project opening of classes for the spring semester, students will be notified that funding for (whatever the subsequent focus of summer research is available. Students who inquiry), the first two to three weeks of have ideas for researchable topics and field the research period will consist of meetings will be invited to propose topics familiarization with the field setting. This for study on their own initiative. In consists of essentially ethnographic addition, we are meeting with persons observation of the activities, social working in the criminal justice area to organization, conceptual framework, and specific language of people who live in the social milieu which is being studied. Thisis a necessary preliminary for any research ranging from controlled experimentation to continued ethno-linguisticstudy. During the summer, weekly project meetings will be held, at which time we Twenty Fellowships of SIOOO each will be available to will give further instruction in research students for field research and observation on the Criminal Process methods, and begin instruction on data during the summer of 1976. Preference will be given to first-year analysis and presentation so that the fall students, but second-year students with strong interests in this field course may be devoted exclusively to are encouraged to apply. considering student findings, models of the Recipients will be expected to enroll in the Perspectives on the criminal process, prospects forreform, and Criminal Process course offered in the spring of 1976, and Research processes of policy formulation and on Criminal Process seminar offered in the fall of 1976. implementation. Faculty members with Proposals are due by February 5, 1976 and awards will be expertise, in field research methods will be announced on March I, 1976. Students who wish to apply for available for consultation throughout the Fellowships may discuss their ideas with Carl Hosticka (Room 518) summer research period. The fall semester at any time. Instruction on methods of field research will be seminar will follow the outlines of that offered to recipients following the announcement of awards. being presently offered with the exception that data analysis and computer usage will past year with an addition of a course on identify subjects which we and they feel not be included, having been offered Perspectives on the Criminal Process. Some may be appropriate for student research during the summer. changes in the liming of processes are and helpful to policy makers, We will offer proposed to provide for greater lead time these subjects and suggested research topics LATER STAGES OF THE PROGRAM in the formulation of proposals, the to students who might be interested in negotiation of access, and the preparation participating in the program, but who have In addition to upperxiass seminars of students in research methodology. The not clearly formulated a subject ofresearch which deal with aspects of the criminal courses described below will be offered as a concern. process, we will propose ways in which package with the expectation that students Beginning at the start of the spring students may get experience as active entering the program commit themselves to semester, we will hold a series of participants in the criminal process, both taking the full sequence. In addition, not-for-credit meetings at which faculty through clinical experience as legal students will be offered the opportunity to members and persons knowledgeable about practitioners and through efforts to participate in non-course experiences, the criminal justice system in Western New introduce policy change in the criminal primarily a summer devoted to observation York will discuss the functioning of the area. The details of these effortshave not and research into the criminal process. The system, highlighting areas of concern which yet been worked out, pending resolution of proposal can thus be divided into two might form the basis of research projects. several issues with the clinical program; and portions, (a) formal courses, and (b) We will also discuss the summer program, pending a determinaiton whether student non-course offerings. Any student not in .utilizing the proposal process, the criteria projects may yield recommendations for theprbgram will probably be' able to for the selection of projects to be funded, reform that can be pursued within existing register for individual courses of interest.. and suggested formats for submitting institutional constraints. As theseissues are proposals. resolved, we will submit a proposal for the COURSES All students who desire to participate in latter phases of the Criminal Justice the summer's activities will have to submit Specialists program. Beginning in the spring senlester of their a proposal by the middle of February, first year, students will be offered a course 1976, outlining their interests and The box insert gives more information on Perspectives of the Criminal Process proposed topics for observation and on the schedule of the progarm, plus which will deal with a description and research. A faculty committee will meet to requirements for Further entry. analysis of the criminal process in its social review these proposals, rejecting any that information is available from Mr. Hosticka are clearly incongruent with the focus of in Room 518. context. In addition, students may take the . Fellowships for Summer Research Our Grade Reports on SLF courses were confused. Each line of Grades was shifted one row up. To get the correct reading, please adjust lines accordingly. �November 20,1975' OPINION 8 Reflctions on Abortion by Hoawrd Stirling Copyright© 1975 Abortion has always been with us and probably will always continue to be with us. Intertwined in abortion are legal, medical and moral considerations, from both an individual and societal vantage point. Thisarticle will begin where the recent SUNY at Buffalo Abortion Symposium left off, and will attempt to explore the moral arguments made surrounding abortion, ending with a practical approach to solving the moral dilemmas involved. throughout the Indeed, centuries, the legality of abortion has been a function of the moral beliefs and medical technology of the society then in existence. Thus, in the nineteenth century, as the medical profession organized itself, it determined that preserving all life was the profession's moral obligation, and in the context of a medical technology that had no antiseptic surgery nor any antibiotics, there could be no choice but for doctors to actively promote restrictive anti-abortion laws which resulted in the passage of anti-abortion statutes throughout the land. During this century, medical technology has advanced to the point where abortion is safer than childbirth. Historical research has additionally disclosed that the medical profession's ethic of saving all life, including a fetus', originates with a fewof the followers of Hippocrates ("nor shall I procureany woman pessary for abortion"), and that even in ancient Greece many in the medical profession favored the right to abortion. Therefore, currently, the balance in this has and shifted, society functionally the law sine/Joe v. Wade reflects this, by now permitting abortion. Thus on closer inspection, there may exist a prevailing view on abortion, but there will always be a minority strongly dissenting. Therefore even after Roe v. Wade was decided, the controversy rages unabated. As Justice Rehnquist said, "Even today when society's views on abortion are changing, the very existenceof the debateis evidence that the "right" to an abortion is not so universally accepted as [Roe v. Wade] would have us believe." As a result therefore, there may never be a satisfactory answer to the abortion issue. Furthermore, the more one looks at the complex multifaceted parameters involved from -the in abortion sophisticated mora! arguments made to the technical medical literature available the more one Is left heavily laden with doubts, and as such, is very apt to - — respond by allowing pre-existing biases to resolve the issues, thereby dispensing with the original need to examine the issue carefully. Dr. Bernard Nathanson has expressed that accurately somewhere between the opposed camps and their bandwagon of slogans lies the agonizing truth that "we are taking life, and the deliberate taking of life, even ofa special order and under special circumstances, is an inexpressably serious matter." Indeed, as far back as 1871, the A.M.A.'s Committee on Criminal Abortion recognized, "We had to deal with human life. In a matter of less importance we could entertain no compromise. An honest judge on the bench would call things by their proper names. We could do no less." For it cannot be denied that even by the strict Havard Death Committee's criteria of death, a fetus is not a dead thing, but is quite alive, in that it responds to pain, has deep reflexes, moves spontaneously, and has EEG wave activity. Accepting then the cold proposition that abortion is the taking of potential human life, the question remains whether abortion is morally justifiable or Nuclear Power Environmental Impact Questioned MARVIN RESNIKOFF SPEAKS ON THE WEST VALLEY NUCLEAR REPROCESSING PLANT CONTROVERSY Tuesday, October 21, Marvin Resnikoff, a physicist working as a full-time staff person with the New York Public Interest Research Group (NYPIRG), spoke at the Law School on the current status of Nuclear Fuel Services (NFS), the world's first commercial nuclear reprocessing plant, which is located in West Valley, New York, (about 30 miles from Buffalo). NFS, a subsidiary of the Getty Oil Company, accepts wastes from nuclear reactos and separates the useful uranium and plutonium from other fission products, supposedly for reuse. The facility closed down in 1972 to expand its operations. It has applied to the Federal Nuclear Regulation Commission (NRC) both for a full-term 40 year operating lease and for permission to expand capacity by 250 percent. By law, hearings must be held before the NRC before such permission is granted. Mr. Resnikoff has represented teh Sierra Club, the first intervenor in the hearings, since April 1974. The Sierra Clubintervened because it feels that the plant poses significant hazards to both its workers and the surrounding environment. The Club was the first to document instances of a lack of worker safety precautions and uncovered the questionable practice of bussing 18 year olds to the plant. These teenagers worked for a week-end, often with no safety preparation, received high radiation doses, and then were released by plant officials. The Sierra Club also contends that the plant poses hazards to the surrounding air, land, and water by discharging radioactive liquids and gases. At the Club's instigation, the State Attorney General'sOffice, the State Department of EnvironmentalConservation,and the Erie County government have also intervened in the hearings. Several crucial hearings will be held in the future, according crucial one in today's society, if society is to keep its values, summer, the State Department of Environmental Conservation (DEC) denied NFS a liquid discharge permit for both the present and the proposed enlarged NFS facility. According to the State, reasonable assurances could not be provided that state and federal water quality standards could be maintained. NFS has appealed this denial, and hearings will take place this December before the Judge pledged to speak out publicly on issues that are importantand warrant discussion. The law must be sensitive to the needs of the society, to legal values, or it will be unduly subjected to pressures from outside Federal Water Pollution Control Act states that NFS cannot obtain any federal license or construction permit. This would, in effect, put the company out of business - skinner of years. The hearing before the NRC will decide how to solidify the materials and remove them from New York State. The hearings will also explore the environmental consequences and the costs of this operation, which may run over $54 million, according to Resnikoff. The question of who picks up the tab NFS, the state, or the federal government remains unsettled. As might be expected, everyone is — — disclaiming responsibility. The construction permit hearing will not take place this fall, when it was originally scheduled, so that the NRC will have more time to consider the more general question of whether it is safe to recycle Plutonium. A determination of this question was made necessary by the decision of the Federal Council on Environmental Quality that the NRC "environmental impact statement" did not adequately deal with the issue of the safety of plutonium, including importantquestions of societal impact (e.g. the social ramifications of the presence of armed guards at nuclearpower plants, or submitting reactor employees toHe detector tests to make sure that no plutonium leaves the facility, etc). If the NRC decides that plutonium use is unsafe, there would be no need for NFS sinceits prime function is extracting plutonium from the spent fuel rods transported from reactors around the country. A decision on this general question relating to the toxicity and safeguards for plutonium will not be forthcoming until 1978, and the NFS construction permit hearings would probably proceed after that time. Anyone having further questions about NFS should contact Anou.c. expected hearing concerns the high-level waste tanks. The Marvin Resnikoff at his NYPIRG office in Norton Hall (831-2715), and high-level wastes (such as strontium, cesium, and ruthenium), primarily should also contact the EnvironmentalLaw Society regarding specific the products of the fission process, are presently being stored in large projects. tanks on the premises in West Valley. The tankshave an average useful life for 43 years, but the wastes will remain toxic for tens ofthousands submitted by theEnvironmentalLaw Society not. pro-abortionists The persuasively argue that abortion is morally justifiable because through it untold women save the agony of bearing unwanted children. From another perspective, abortion is a right, a moral right as a woman to control her own body the way she wants (as she does in other medical procedures). Furthermore, on humanitarian grounds, it is the quality of life that predominates, and to bear unwanted babies will only further increase the incidence of battered and/or functionally retarded children in this country. The anti-abortion response on a moral plane is also clear and emphatic. Abortion is the taking of life or it is not; if it is, simply stated, abortion is not justifiable. Abortion is not morally justifiable because (I) it is wrong to kill, period, and (2) no one should be qualified to determine the fate of a living being. Logically the moral right to life lays the foundation for all other constitutional rights. Therefore, "those whoargue for the unborn's right to life are arguing not only for the right to life of the unborn, but for the right to life of all" including the mentally ill, the genetically imperfect, and even the unresponsive comatose. Seen in this framework, the mother's moral right to control her own body bows before the sanctity of another's equally valid right to life. Furthermore, the quality of life can have no meaning unless life already existing is allowed to continue to exist, because quality of life cannot exist apart from a strict moral adherence to the sanctity of life itself. The failure to respect the moral claim of theright of life of a fetus debases the very essence of our humanity." In this light abortion differs from all other medical procedures, in that it alone demands the death of 'another, and as such is unacceptable. As well, the unwanted child argument and the resulting increase in population argument are being politically manipulated by the pro-abortionist to exploit the over population problem. The solution lies not in reducing the number of people, but in reducing the number of problems. Thus, if a woman bears a child against her will, then society must act responsibly and provide that child with The loving parents. alternative of actively reducing the number of people by abortion, constitutes condoning — genocide. If these moral arguments seem inseparable political from positions, and merely serve to couch the biases of both sides in more palatable moral sounding terms, one is probably correct. One is also correct in observing then that there can be no moral answer. However, this does not -continued on page twelve �November 20,1975 OPINION 9 Fee Controversy to End With Next Week's Referendum , by Cathy Novack negative result of mandatory fees is that all budgetary allocations and expenditures are subject to University On Monday and Tuesday, November 24 and 25, the approval through the Office of Student Affairs before any SBA will conduct a referendum to determine the law monies can be expended. school's policy on the student activity fee for the next four years. This is really a major issue and much information needs to be communicated so that each of VOLUNTARY FEE -While Ac removes University you can vote out of conviction rather than rumor. control over our budget, it alsosystem effectively eliminates our Consequently, this article may be a bit long and even budget. A Voluntary Fee is in essence a zero fee, since tediousbut as your Treasurer I feel obligated to pass on all even if the University were to includeit on the tuition bill, theinformation I have to you, so please read on! there are no sanctions or penalties for nonpayment According to the SUNY Board of Trustee Rules and Consequently, no budget could realistically be planned, Regulations, Sect. 302.14, a referendum must be held since there would be no accurate way of predicting how every four years to determine the policy on student fees many people would pay a voluntary fee. for the next four years. Such a referendum was to have The issue thenboils down to whether or not you, the been conducted last year, but the University had it student body, want law related activities continued. The postponed until this year. Thus, for the past five years, the best way can think of to evaluate this question is to I law school has had a $15.00 per semester mandatory fee. review what you get for your money and the best way to The required referendum is not on the amount of the fee, accomplish this is to set out this year's budget [see box, but whether it is to be Voluntary or Mandatory. Since we below]. now have a mandatory fee, let's first discuss exactly what As I had pointed out in a past column, this year's budget reflects various cuts from last year such as thisentails. OPINION being cut from 13 to 12 issues, Conventions MANDATORY FEE most important is the fact that the from a $500 maximum to $300, etc. If ttie mandatory fee University, through the Bursar's Office, collects this fee by is voted to be continued, a question arises as to what including it in the tuition bill. This insures the fee being amount the fee should be. Having gone through budget paid (unless waived) since the University can use its full hearings and justhaving a general awareness of the effects sanctioning powers when bills are outstanding. This then of inflation, the fact is that $15 does not buy whatit used guarantees the SBA an annual workable budget. The to. - ACCOUNT AMOUNT EXPLANATION SBA Orientation $900 Graduation $500 for first-year people totally funded through SBA funds to have a separate law graduation last year we made an initial allocation of $400 and made a supplemental allocation of $800. The administration and alumni also contributed to this activity Sub Board I,our fiduciary agents, charge 5% for each check written Disbursing Fee - $1207.14 Sub Board Allocation $1000.00 Athletic Fee $1200 Athletic Equipment $50.00 Phones Supplies Executive Secretary Abortion Symposium Social Comm. Parties $2250.00 45.00 725.00 $500 $500 Happy Hours Org. II. Somen's Law Assn. V etc. night meetings, etc. Now, as in the past, typing is done by office secretaries, but we're in the process of obtaining a part-time person through work study to be in the SBA office as secretary l-unds ot up to $50 are available to groups for holding a reception open to all students after a specific function e.g., Law Women had a reception last year for Flo Kennedy after her DVF Int'l Women's Year Social '75-'75 Expense $100 $500 For Band & Dance (partial funding) The budget year runs from 9/1 through 8/31 and sinceauditors insist the present budget can not fund past expenses, a line is always needed for bills that do not arrive during the budget year. Off! Sup. $100 Phone Convention $10 $15 $200 Community $100 Seminar Partial carry-over fronT '75-75 funds Minority Symposium (encumbered) Phone Postage $20 $15 $50 Off. Sup. Phone Honoraria $20 $.15 $2000 Travel/ $1200 Off. Sup. Convention $20 $15 $300 Gay Law Off. Sup. Phone $20 $10 Int'l Law Off. Sup. $20 $15 $157.50 $15.00 $75 Oist. Vis. Forum General supplies, e.g., paper, . Phone Phone Convention Dues(Wld) Jessup Moot Ct. L5CRRC Nat'l Dues $15.00 Off. Sup. Phone Print/Pub $20 $15 $50 Convention $200 Off. Sud. $20 for Symp. Moot Ct. Print Payment to speakers for giving lectures usually there are about 3 to 4 here outside speakers each month of the average honorarium is school year - — Often a guest lecturer is reimbursed for his/her travel; this also averages out to NLG Briefs $100 Barristers $30 Plus $95 was encumbered for the '74-75 budget so this group could send one person to an AI.I-ABA sponsored program in Wash. O.C. this year which has a $250 registration fee, since this group has spent none of the $160 allocated in '74-75 because there were no programs they felt would be beneficial to their concerns. Wash., D.C., A.S.I.L.S. Annual Meeting This competition run Jointly with Moot Court, is specifically In area of Int'l Law and affords help w/travel & printing costs Symposium planned Bussing in Buffalo for 1976 on issue of Appl. Orderof Travel, Meals, etc. $500 Nat'l Dues $50 Off. Sup. Phone $20 $15 $300 Convention Annual National Meeting held In Atlanta In 1975, location for '76 still unknown Run with Legal Aid to provide legal information on rights & remedies. The $50 allocated In 74-75 which was never spent was encumbered and carried over for '75-76. $100 Env. Law Society stamps,, clips, etc. For long distance calls over full year Annual meeting of Nat'l Women's Group (Phil., Pa.) Funding based on one representative and funds round trip air transportation, meals and lodging, ground trans. & registration, up to a maximum of $300. Women's newsletter to be distributed to all students. To recruit black students to SUNYAB Law School through mail and direct contacts at various undergraduate schools $100. appearance. Usually end of year, spring outdoor gathering Newsletter EXPLANATION $200 semester $125.00 $15 $176.74 AMOUNT One-time expense Picnics Phone ACCOUNT Off. Sup. Buffalo Leg. Proj. General supplies Kind of a catch-all, funds ABA-LSD expenses and travel plus food for late - $20 funds, I think thateach person receives the indirect benefit obtained from the enhancement of the school's reputation. Through many, in fact most, of our activities, the name of Buffalo Law School gets known, and the programs availablehere get some publicity. In my opinion, a vote for voluntary/no fees will cost you more in the long run than it mitfit save you during your law school career. Whatever yourdecision, makeit known. BE SURE TO VOTE!!! Food funds the large outside party each Off. Sup. In summary, I would just like to say thatwhile many people may not partake in the various activities SBA $125. $300 Equipment rental costs for all groups Funds functions in school, usually held Wed. & Fri. afternoons. $300/ - Nat'l Dues Recruitment except Opinion $500 Plinctions Convention 9ALSA Each Sub Board member group contributes funds for Sub Board's activities which include The Spectrum, the Pharmacy, etc. Covers law student use of University facilities, e.g., Clark Gym, the Bubble E.g., basketballs, ping-pong equipment, $2,100 +750 Wine&Cheese GROUP — ... Where Your $15 Goes jGROUP Actually, the past two years' activities have been increased by spending carry-over monies that had accumulated over prior years. In a sense, we were living off the fat of the land getting what we had never paid for. Thus, for example, last year we funded $1,500* for advertisements for a placement director and the year before we allocated some $2,200 or so for the printing of placement brochures. Also, the number of special interest groups have increased; just last year the Women's Prison Project and the Jewish Law Students Association were each funded for the first time. To maintain the current level of activity will simply require more than $15 per semester. Even the cost of the parties keeps rising as more people participate the Spring '75 party had less than 300 in attendance, the recent Fall 75 party drew over 450. That's the reason the party line has been increased by $750. To get your input, we have a second part to the referendum concerning maintaining or increasing the fee. - Allocations of $700 same as in '75-75 The Board makes the breakdown allocations At time of budget planning the exact location for the 76 national meeting only known to be 'out on the west coast' thus maximum funds were allocated. — continuedon page thirteen �November 20,1975 OPINION 10 JLSA: Lectures on Talmudic Law by Usher Fogel In furtherence of its policy to provide law students with an insight into the realm of Jewish Law and legal institutions, the Jewish Law Students Association has, for the past two semesters, sponsored a Talmudic Law Series. The Series consists of a weekly credit-free course taught at the law school. Each week a different area of Talmudic Law,is taught and discussed, bringing to light the principles of an age-old legal system and its relevance to present day law. Courses taught have included portions of family law, torts, criminal law, "fifth amendment" and the laws of war. The Talmud represents the compendium of all matters of Jewish Law, and these classes, of necessity, only touch upon issues that can be covered in greater detail. The classes are taughtby Rabbi H. Greenburg. Educated in New York and Paris, he was ordained as a Rabbi and Rabbinic Judge at Tomchei Central Yeshiva Tmimim. While still at the Yeshiva, Rabbi Greenburg was chosen with Rabbi Gurary (of Chabad House) to lecture on Talmudic Law and Chassidic philosophy. Immediately before coming to Buffalo in 1972 Rabbi Greenburg spent two years in Melbourne, Australia establishing the Rabbinical College of Australiaand New Zealand. Rabbi Greenburg expounds on the Talmudic text itself and upon its interpretation and meaning as developed by the Talmudic Commentaries, written over the past one thousandyears. All law students and faculty are welcome to attend this series. The classes are generally held each Wednesday 3:30. at Announcements are posted each week as to details. Those who choose to attend will find the class quite rewarding. Sybil (Porseidyr) RIDE WANTED to and from Brooklyn for Thanksgiving. Will share expenses. Call Rochelle 838-1681. - Only four weeks BIGFOOT left! Love, Mad. Ass. Ask Mr. Dean... Dear John, Whatever happened to Justice? Me and the persons were sitting around the bar, drinking some Tom and Judy Collins the other day. When all of sudden like a bat out of hell, thisperson comes running into the place yelling Charlie Manson is the ProximateCause: runs off half-naked leaving us just open-mouthed! By the time I got back to the film it was lunchtime. I had an appointment with a client, name of McGee. Seems he did this surgical operation and gave some guy a "hairy hand." Well, I figured out the cost of blades, shaving cream, and a razor, even threw in some barber fees for a sixty year period. The jury wouldn't buy it. The Doc's not a bad guy though. Not bitter at all. Seems I've got this scar on my hand, and he assures me that with a little skin graft, I'll be good as new within three or four days. What do you think? classifieds halls of Justice, Justice is in the Halls." (It might have been John Lennon I can't quite remember.) Anyway, I'm glad youdidn't make any jokes about that Hairy Hand. Learned and Augusta roll over in their grave every time someone does. But on the other hand, ha! Seriously, I think you ought to have that operation done. It will probably be good background for your case! - . Dear John, FOR SALE: Snow Tires with size E7B-13. Good rims, condition. Best offer. 834-7540. FOR SALE: One Chemex Coffeemaker. Purchased for $18. Barely Asking used. $14, accessories included. Great for finals! Call Ken, 885-3211. Just thought I'd drop you a line. I think I've got my toughest case losing. No, really it's FOR ever! I'm going to try somethingradically new SALE: New Chrysler my new ZONE DEFENSE. I'll keep you posted on how it works. In-Dash Radio. Suitable for Dart, Flea Bailey Duster, etc. Call Stu at 837-7055. Dear Flea, Send my regards to Glenn Turner one time, and lots of luck. An. at Law f.D. REMEMBER: Send for my new Booklet: Mr. Dean's Tips on Testifying Before Senate Subcommittees (including the Big TV Smile). Dear Sybil, Justice is Dead! They're taking the blindfold off next week. Most of us here have had our suspicions all along that she'd been peeking. I think it was that Great American William Buckley who said, "In the Send your letters to: Tips for YoungAttorneys, c/o OPINION. WOULDN'T YOU RATHER PASS THE BAR EXAM THE FIRST TIME? Let the oldest and MOST EXPERIENCED BAR REVIEW COURSE in the State of New York BE YOUR CHOICE MARINO - BAR REVIEW COURSE, Inc. Actaiinistrative Office/ 53 Hilton Avenue, Garden City, N.Y. 11530/ Telephone 516-248-3995 Our total price of $250 includes everything 1 Immediate receipt of book and materials upon registration 2 Option to take all or any part of the winter course FREE, if enrolling for July review 3i Four-session Problem Integration review, devoted solely to teaching students how to answer Bar Exam essays 4 Three MINI BAR EXAMS, given LIVE, last three days of course, 8 hours per session, with LIVE question and answer review (otherwise available separately for $75) 5 Periodic LIVE question and answer sessions throughout course 6 Model BAR EXAM BOOK, with answers Marino has passed approximately 90% offirst time exam takers over the past 30 years! To register or for more information—Call or write: MARINO to Garden City, N.Y. or School Representatives at 885-3211 �November 20, 1975 OPINION 11 CARLISLE ON JOBS: 1. How is the job market forlaw school graduates? It's not good! There are large numbers of young lawyers entering the market and most of them are seeking employment with established firms, government agencies or corporate legal staffs. Very few young lawyers immediately enter private practice on their own. Employers are inundated with resumes and requests for interviews from law students. It is difficult for the employer to spend the time to fairly review each resume; therefore students are often not given the opportunity to be fully considered by a firm unless the student is able to convince the prospective employer that he or she has a background which will be of particular use to the employer. In addition we are in the midst of what many observers characterize as an economic depression. Consequently some of the job openingsnormally available as a result of an expected turnover in government agencies and law firms do not exist. Lawyers are waiting for a better time to leave secure jobs. , 2. How do you see Buffalo graduatesdoing with respect to the job market? Our graduates should generally dobetter than those at most other law schools. Recent statistics indicate that we placed 92 percent of our 1974 graduates. We do not have the 1975 statistics yet because many of our students did not find positions until after taking thebar exam. suspect I that the 1975 statistics will indicate that the majority of our students have positions. The 1976 class will be larger than previous classes and each student will have to devote a greater portion of his or her time to looking for a position. 3. Many of our students state that they have not yet found legal positions. What does this mean? There has been an inordinate emphasis on finding a legal position as early as possible. I personally know of third year students who have accepted clerkships on the federal and state level, government positions and associate positions with large and small firms in -Buffalo and elsewhere including several large firms in New York City. Nevertheless it appears to me as though the majority of third year students at all law schools traditionally do not obtain positions until late in the second semester. Large law firms, who proportionally employ a small number of lawyers in comparison to attorneys in private practice, have usually completed their recruiting by December 15. Likewise most federal government agencies will have made their selections no later than January 15. This is due to the obvious fact that large firms and agencies recruit on an annual and regular basis which allows or forces them to complete the selection process early. Local government agencies, corporate legal departmentsand small to medium sized law firms will continue recruiting. Often the small or medium firm will have onlyrecently hired an associate and must await the inevitable turnover which will provide a new opening for a law school graduate. This means that many of our students will not find positions until the late spring or summer of 1976. 7t; ■<--■. 4. What do you mean by late spring or summer of 1976? If this is true why are students being encouraged to look for jobsnow? Most small and medium sized firms have just recently hired associates. It will take anywhere from 6 to 12 months to determine whether new associates will (1) remain with a firm and ultimately seek partnership; (2) leave the firm for better opportunities or for a change of atmosphere or (3) leave the firm at the request of the firm. In the event of the first alternative it is likely that when a young associate does well enough to move towards partnership that someone will eventually have to be hired to replace him. That is how a law firm grows. In the event of the second or third alternative a new position will automatically become open. Insofar as the second part of your question is concerned it is essential for all students to commence participation lin the job process as early as possible during their third year. Not only does one learn about the market and about himself or herself during this process but the student becomes visable to potential hiring employers. In other words when a position suddenly becomes open in February, March, April, May or thereafter the employer often does not have the time to advertise it in detail, to come to the law school to conduct lengthy interviews or to otherwise spend a great deal of time finding a young lawyer. The employer. will often select someone from those students he has already talked to and who the employer believes will adequately fill the position. Therefore third yeard students should get to know some lawyers and become as visible as possible. I can't overemphasize how important this is. An interview doesn't always have to be for a specific opening with a firm. It may be solely for the purpose of discussing one's career interests or for an anticipated opening. 5. How importantare grades and classstanding in finding a job? This law school is committed to a policy of not revealing class standing. The grading system used at Buffalo makes it difficult if not impossible to determine anything more than where one stands percentage wise in his or her class. In other words one can conceivably determine if he stands in the top 10%or top 50% etc. This type of information can be volunteeredby the student. All firms, agencies and other employers who visit or contact the law school are informed that interviews here are conducted primarily on a first come first basis. We do not give out any information which would favor one student over another student insofar as interviews are concerned. Interestingly enough some large law firms will collect resumes and then select thosestudents they want to see at the firm. Concern by employers for class approximations and grades result primarily from the fact that employers invest money, time and emotions in a young associate. I've been involved in the process as an associate and as an employer. To maximize the risk of selecting someone who will perform as expected, a hiring partner will often seek to find a young lawyer whose background (grades, activities, writing ability etc.) indicate that the young lawyer will satisfy the firm. The truth of the mailer is that there are so many people seeking jobs and the employer has so little time to fully examine each applicant that the tendency is to give interviews only to thosestudents who the employer believes will do well. It is a bizzare and difficult process , which definitely needs improvement. This is the main reason I have had career counseling interviews with approximately 200 students. Together we can use the process to our advantage. 6. How does one get an interview? Many students claim that they send out hundreds of resumes and get only a few invitations to interview. The primary prupose of a resume and cover letter to a prospective employer is to obtain an interview. Practicing attorneys are overwhelmed with resumes and therefore spend only a brief period of time reviewing each resume. Often a resume which would normally earn one interview is not even looked at and a student is automatically sent a rejection letter. It is therefore essential to construct a resume in a manner designed to attract the desired response. I have spoken to almost 200 students and have made significant changes, additions, deletions and modifications in the draft resumes I've seen. We have an excellent model resume on display in the Placement Office and I am willing to speak to as many students as possible regarding their career interests and how to construct a resume and cover letter. I will also be conducting seminar meetings on this point and urge all students to attend. 7. Why don't we have more on campus interviews? We have had a number of law firms, government agencies, corporate legal departments and other related employers on campus at the law school to conduct interviews. Most of the students I have spoken with are satisfied with such interviews. Obviously a law school can never have enough on campus interviews. We must have more and I am committed to doing whatever is necessary to encourage more on campus interviews. Unfortunately, from a placement viewpoint, the law schoolis involved in a transitional phase whereby what was once a small local law school is now a large national law school. We realize this but many employers do hot and until such time as we are able to adequately publicize the same we will not attract large numbers of recruiters. I am already involved in speaking with employers in New York City, Washington, D.C., California, Arizona, Chicago, Detroit, Cleveland, Pittsburgh and elsewhereand I hope that we will be able to solve the problem to some extent by the fall of 1976. Insofar as Buffalo firms are concerned many firms just prefer to have students come to the firms to interview instead of participating in our interviewing program at the law school. To change this will require an effort on our part to prove to the firms that their needs can best be fulfilled by coming to the law school. I have been meeting with partners from several large and medium sized firms and as I continue to do so I hope that we can encourage more of them to visit the law school and to conduct interviewshere. 8. How can our students obtain jobs in Washington,D.C. and New York City? You are probably aware of the fact that already a number of our students have obtained positions in Washington, D.C. and New York City. I recently spent several days in Washington speaking withassociate general counsels from a number of large government agencies and their response to Buffalo Law School was excellent. We have posted notices asking students to send resumes to specific individuals in government agencies who will be most likely to assist the student. In addition we had an alumni party in Washington which was attended by approximately twenty five people. Dean Schwartz spoke and everyone had a pleasant time. Each of the alumni present informed me that they were wilting to become involved in placement and alumni affairs. This is the beginning of the kind of alumni participation that will yield dividends insofar as placement is concerned. With respect to New York City, I spent a week in the City speaking with law firms, government agencies and various other prospective employers. While some of our students have found positions with New York firms many have been unable to obtain interviews. Clearly the large New York firms must become aware of our law school and the high quality of legal education available here before they begin to respond as they should to inquiries by our students. To some extent my metetings with thirteen name firms have helped to change our image. In fact students who were unable to obtain interviews with New York firms have recently been doing so. It is my hope that as these students obtain legal positions and as thelaw school becomes better known the prospects for working in New York will increase. You should note that I have already had two seminar meetings for students interested ingoing to New York. At the meetings we discuss what can be done to obtain summer and permanent employment. Notices of the meetings are placed on bulletin boards near the Placement Office at least one week prior to the . meeting. 9. Speaking of the law school's image exactly how good is it insofar as placement of our graduates is concerned? Our image is not as good as it will ultimately be but it is also not as bad as many of our students seem to thinkit is. One of our good students was interviewing in New York City and complained to me that the law school was not known there. Ironically enough the partner conducting the interview, who knows a lot about the law school, telephoned me to inquire as to why the student was so defensive about SUNYLaw School. One can always accent the negative and overlook the positive. When I was in Washington one associate general counsel of a large agency thought that SUNY Law School was a branch of N.Y.U. but in New York City a well known and prominent lawyer, who had attended a judicial conference of the second circuit with Dean Schwartz, seemed to be very impressed with our law school. Of equal interest is the fact that I received a letter from a federal court judge in California whom I had met at a seminar on the new federal rules and who I had contacted regarding clerkship opportunities. The judge informed me that I didn't have to tell him anything about the "Buffalo Law School as one of your graduates had clerked for me in 1971 and done an excellent job." We will continue to publicize the law school by having alumni gatherings, distributing literature, writing letters, visiting law firms and government agencies, using the telephone, etc, but the best advertisement for the law school is its students. The extent to which our students understate the excellence of their academic experience here they will suffer accordingly insofar as our image is concerned. TO. What is the placement office doing about clerkship opportunities with judges? You may be aware of the fact that I personally -continued on page fourteen �November 20, 1975 OPINION 12 BOOK CHASE It is a cold and gray November "What son?" "This is Mr. Beaver whose little a young law student on his* way problem we shall be working on up to the tenth floor of Baldi together." Hall. That can mean only one "Oh, elementary, Mr. dear thing this young man is going to Mandamus." Mandamus, W. see After Mr. Beaver fills the two Attorney-//?-Law, Room 1024. top flight investigators in on a few The young gent is nervous, but more details,he is dismissed. determined, as he knocks on that "Oh, Mr. Beaver?" revered door. "Yes, Dr. Whatson." "Come In!" "What is your first name?" "Hello,I mean, Goodmorning Sir, "Igor, Sir." Mr. Mandamus. I am Mr. Beaver." "Igor, very well. Good day Mr. "Goodmorning, Mr. Beaver." Beaver." "This certainly is a jim-dandy "Good day, sirs." office you have here. Those gray The two men are now alone walls are exquisite. And your gray and spend considerable time desk matches so perfectly not reminiscing about past adventures. to mention your gray concrete "Enough chit-chat about the past. floor. I suppose you will be Let us plan our strategy for the getting the rest of your furniture present matters at hand." shortly?" "I quite agree, Mandamus. These "No, this is the way it has been Horn books you mentioned, of for the last ten years walls, desk what variety are they." and floor in early gray." "By jove, I forgot to ask the lad. "Oh, I see, very original! But, tell Let us assume trumpet." me, do you always wearthat gray "I thought the lad was more the suit with thegray pinstripes?" tuba type." "Why do you ask?" "Could well be, Dr. Whatson. Let "Well, I mean no disrespect sir us not quibble over details. There but it is rather difficult to see is work to be done. Beaver saidhe body with the gray spent most of his time in the your background and all." adjacent building O'Brien Hall "Did you come here merely to I believe." poke fun at me?" "Yes." "Why no sir! I need your "Let us see if those secret assistance desperately. Someone corridors really exist." has stolen my Horn books!" "What son?" "So what?" passageways "T hose secret need them. How else "1 will I between Baldi and O'Brien. Gee know what to say in class and whiz, I can't even remember there what wise questions to ask? How being an adjacent building. It has can I study for finals?" been a long time since I have been "Go out and buy new ones, or outside." read them in the Library." "What son?" "But not one underlineslike I do. "Oh, never mind. Let us just start Please, I need your help." at the basement and work our As fate would have it, at this way up. And stop calling me very moment, the office door son!" swung open. In the doorway Our heroes descend to the stood an impeccably dressed, tall, basement and wander around a thirty years the bit. stout man senior of Mr. Mandamus. He is "No one is around. Mandamus." greeted heartily by Mandamus. "Quite so." After the men have embracedand "All the doors are locked. But chatted a bit: there are signs of recent "Mr. Beaver, this is Dr. Whatson, habitation." and he is a sign from the stars." "Yes, I see. A gum wrapper,and a "1 shall take your case!" vending machine." "Oh, thank you." "Mandamus! Mandamus! Look "Dr. Whatson, thisis Mr. Beaver." -continued on page thirteen day in Buffalo. We can focus in on — — — — — - — Mitchell Lecture -continued from page one Anti-Intelligence Agent "The CIA as a Dangerous Institution" On Wednesday, November 12, Tim Butz spoke in the Moot Court Room. Tim Butz is a member of the three year old Organizing Committee for a Fifth Estate and a co-editor of the magazine COUNTERSPY. Both are sponsored by critics of intelligence agencies. The group is also publishing a manual in January which will outline the uses of intelligence in political work. He stressed that it's time for people to stop listening to media accounts of intelligence agencies "abuse of power;" that they should realize that theactivities of at least sixty-four U.S. agencies with intelligence capabilities are part of a systematic program, created by a long and deliberate work, which covers the whole range of civil procedure in the western world and socialist countries from a world-wide prespective. He is the President of the Association of 1 ta Man Comparative Law (since 1970), honorary member of the Instituto Latinoamericano de Derecho Procesal, and a member of various scholarly societies, including the Academy International of Comparative Law, the Association pour Internationale I'Enseignement dv Droit Compare, the Association Internationale dcs Sciences J uridiques, the Societe de Legislation Comparee, the British Institute of International Law, the American Academy of Political Science, the American Society for Political and Legal Philosophy, process as an extension of U.S. policies. Lawyers are not immune to the operations of any of these agencies simply because of their status in society. Especially when a client is controversial, or from any extreme of the political spectrum, the attorney should expect infiltration and buggings. The information gathered would serve a dual purpose: to collect intelligence information on those with the defense, and to neutralize the defense strategy. Examples he quoted were Gainesville, Wounded Knee, and the Attica trials. Mr. Butz urged that all lawyers and community activists should work to nullify intelligence operations, such as secret files, and strive to make public as much information as they possibly can. -csh Client Counseling Competition Once again, the Law Student Division of the American Bar Associaiton (ABA) is sponsoring a nationwide competition in client counseling. The competition, open to all students, will take place in an interview setting. Participating students will interview a "client" who has, or believes he has, a legal problem. The theme of the competition is "Contract Litigation and its Alternatives." The ABA Competition will begin on March 6, 1976 with regional contests. Regional winners will receive an award of $100, and go on to the Nationals, which will be held on March 27, 1976. The location of the host schools has not yet been determined. In order to determine who will represent UB in the ABA competition, an IN-House competition, similar to the one held last year, is being planned. This competition will be open to all students. The competition will be hald at the Law School on or about February 19-21,1976. In addition to selection for the ABA competition, prizes will be awarded. As in the past, we hope to offer both cash prizes and employment positions with local firms to the winners. The Competition tries to simulate a real law firm consultation as closely as possible. A typical client problem is selected and a person acting the role of the client is briefed on his or her part. Prior to the day of the actual Competition, students receive a very brief memo concerning the problem. ... English, German, French, and Science. An array of eminent Spanish various other international scholars are in universitiesand research institutes contributing to this monumental in New York, London, Paris, Berlin, Vienna, Prague, Budapest, Warsaw, Sofia, Teheran, Caracas, Bogota, Mexico City and elsewhere. Hehas acted as General Reporter at the VIIIth and IXth Congresses of the International Academy of Comparative Law (1970 and 1974) and at the 1971 Conference of the International Association of Legal Science (UNESCO). Since 1973, he has been co-director of a comparative research project on "Access to Justice" sponsored by the Ford Foundation. Cappelletti is the Mr. Chief-Editor of the Volume on and Evidence of the Procedure International Encyclopedia of Comparative Law, to be published in English under the auspices of UNESCO, the section of the International Associationof Legal Butz: This data is equivalent to what a secretary might be told when a client calls to make an appointment. The students are asked to prepare a preliminary memorandum based on the problem as it is understood. In the actual Competition, each student will be given approximately forty-five minutes to conduct an interview with the client. Students should be" prepared to obtain necessary information, answer questions, give legal advice, and recommend alternative courses of action to the client. The student will then be given 15-20 minutes in which to prepare a post-interview memorandum. The initial memorandum, interview, and final memorandum will all be scored and used to determine the winners. Local judges and private practitioners will observe the interviews and score the performance of the students. Although the ABA competition will involve a two-person team of lawyers, the I n-House Competition will be run on an individual basis; winners will make up the "team" for ABA purposes. Additional information for anyone interested in participating will be available following Christmas vacation. Watch for signs and additional articles in this paper. Questions about the competition can be answered by Norman Rosenberg (Room 520). In order that we may have some idea of how many students will be participating, please indicate your interest by signing up outside Room 619. Abortion -continued from page eight and the American Foreign Law Association. He acted as Consultant to the Italian Government for the reform of the procedure governing labor disputes in 1971-72, and as a Consultant to the Minister of Justice of the Republic of Columbia for the preparation of a new Code of Civil Procedure in 1969-70. In addition to numerous articles, and books such as udicial Review the in J Contemporary World and The Italian Legal System, Professor Cappelletti has published works worldwide in English, German, French, Italian and Spanish. PLEASE NOTE. Professor Mauro Cappelletti will be lecturing tonight, November 20 at 7:30 p.m. in the Moot Court Room, O'Brian Hall. The topic will be "Vhidicating the Public Interest through the Courts." Everyone is invited to attend. mean that abortion ... cannot be abortions, that transcends the legally justifiable. In fact it is moral dilemmas present and arguable that in the present inescapably leads to the position resulting moral stalemate, that legalor not, and moral or abortion must be allowed, because immoral, it is in society's best pluralistic society, our in one interest on balance to keep group cannot be permitted to abortion legalized. This is for impose its moral value of what's the safety of the many women right and wrong on another group. who will seek to have abortions, This may not be pleasing to and is quite logical, as the moral anti-abortionists, but the fact remains, consonant with our expanding notions of persona! privacy, that women must have the right to make this intimate decision for themselves. In this balancing process, to determine whether abortion is legally justifiable, the scales are further tipped in the direction of legality, by the Persuasive medicalevidence that actual childbirth entails much more morbidity and mortality thandoesany abortion. Furthermore from a purely utilitarian viewpoint, there is and always has been a demand for are undecidable. However this argument is too practical, directly and is attackable for abandoning all moral pretense. Yet, in its defense it may be noted that the argument's very practicality is its source of strength, especially in the current post Roe v. Wade society. It is clear that women want practical results and not moral dialectic. Or as Lord Macaghten cogently noted, "Thirsty folk want beer, not arguments cxplanantions." Seeauthor forreferences. �November 20,1975 OPINION 13 First Annual Book Chase... End of Year —continued frompage twelve straight ahead! The doors to the secret passageway have been left Awards of the word "We" from the - Const.Law 17, an intensive Laufer - The of the Miami branch of theBuffalo Law School. Louis DelCotto - His own game show called "What's Basis" in which section of the Internal Revenue Code. Janet Lindgren - A Grace Blumberg - A bottle of ERA Wade Newhouse - A course up with his Robert Season tickets to the Board of Directors of the Howard Mann analysis Joseph phrase We the People. opening contestants choose the wrong My Brooklyn accent. open. The concrete passageway looks rather foreboding. Do you suppose it is a trap?" "No. If it is, they are playingright into our hands. Besides, gray concrete is my favorite color." "Shall we venture on Dr. Whatson?" "After youMandamus." Look, Dr. Whatson, at this enclosure marked: Keep Out!" "Yes." "Ah Ha! And look to the right. Two secret doors." "Hmmm. I wonder to where they lead, Mandamus." "Indeed. Dr. Whatson, look at this, row upon row of exquisite lockers, probably with the enemy's secret papers contained therein. Don't you agree? I say, don't you agree? Dr. Whatson? Dr. Whatson, where are you? TO BE CONTINUED... 1. Will W. Mandamus findhis long timebosom buddy? 2. Will Igor Beaver get his Horn books back in time for finals? 3. And will he be able to wing it in class until then? Angus Black detergent. speed reading to keep speed speaking. Fleming - Dave Kochery Meetings — continued frompage A complete set of the West Hornbook Series. Adolph Homburger -A OPINION fellowship to Utah Law School to teach Utah practice. of N.Y.C. - The - certificate from Muck Motors. with Louis DelCotto and Meckler's - A bank Marjorie Girth J.A. Spanogle Where Your $15 Goes Washington Redskins. Trusteeship -- joint account $100 $500 Certiorari stamp collection. Puerto Rican Off. Sup. LSA Phone — of EvelKnievel. -A Evel Knievel - A of Robert Reis. Al Katz - A of bicentennial coveralls. Wenger(the guy) - A Xerox service Jean - The Red Schwatrz - An with Carlsle. Dan Gifford - A Volunteer. Robert Reis personally autographed picture Law Spouses personally autographed picture pair library Consiglio Women's Prison Project contract. Deanship. appointment Audrey Koscielniak - A balanced - A 25 hr. JLSA $175 75 $75 Mailing newsletter, etc. Printing of Orientation Food Svc. $50 For box lunches in scholarship program Off. Sup. Phone Postage $15 Crafts $ Off. Sup. Phone $20 $15 /fy_ A"\ _ i/%JP § "S" f"£/ \jj ■§/ "T" MS% /* t 10 To mail to prisoners To bring into prison Phil., Pa. - U.P. functions as a total publications service for students. Our services include typesetting, typing, creative graphics, personal design and printing. y*l UP resume service gives an individualized look to your resume by improving its appearance with professional typesetting, printing and graphic design. We can produce a completed resume in five days in time for interviews. Our average rate for 100 copies, two pages, is $27. S » Our holiday gift suggestions include: *** -J- jrJ j*~\ /« ill fill' \_/ I £. ' J $20 v-Press What's the University Press? £/ f JF f J 'Jj <fj f §-* i-S *£ M jr\ ' U,P is not up but the Universit - Christmas cardsletterheads and business cards — ,~~ orange and SUNYAB shirts at $2.50 personalized - yellow materials, newsletters, etc. Total Current Budget Projected Fee Income w/out waivers Current Unallocated Carryover day/8 day week. m*"\ $20 $jo budget. lA/ $ LS National PRLSA Annual Meeting Location as yet unknown Needed for program whereby PRLSA students aid defendants in Buffalo courts To fund mail and direct recruitment of Puerto Rican students from EAst coast colleges to SUNYAB Law School Off. Sup. Postage Info. Svc. HAPPY EVERYTHING TO EVERYBODY! £ & $5 Convention $176.74 jay Equip. & long dist. for year Service on IBM typewriter Covers 12 issues Covers mailing of subscriptions delivery here for 12 issues $20 Collision insurance. The telephone number of Dial a Joke. Scott and Cheryl (U.P.) $743 Convention Milton Kaplan Larry $4,383 photog. Pat Hollander A simulated pay check. Robert Gordon $20 $315 $90 Circula. A-gift Kenneth Joyce nine Off. Sup. Phone Equipmt. Printing t ~~ commemorative international women's year 1975 poster three colors, at $1.00 ~ milton rogovin's, buffalo calendar University Press, 361 Norton Hall, 831-4215/4305, open evenings, too. $26,690.12 $25,350.00 $ 7,702.29 �OPINION 14 November 20,1975 Carlisle on Jobs,.. continued from page eleven initiated contacts with over 100 federal court judges and with state judges on the highest courts of New York, Massachusetts, New Jersey,Californiaand New Mexico. To some extent the results have been gratifying. Many of the judges have expressed an interest in the SUNY Law School and have asked to receive resumes from our students. Some of our students have received clerkships and one student has accepted a position with a federal judge. It is clear to me that our students are not receiving enough clerkships. An opportunity to clerk for a judgeis a unique and worthwhile experience and we will do our best to assist third year students with this matter. Unfortunately most clerkship positions for the fall of 1976 have been filled. It is my hope that we can develop some form of a mechanism in the law school which will assist our students with obtaining clerkships for the fall of 1977. Although most large law schools have abandoned clerkship committees N.Y.U. has a modified committee which has been most successful in locating positions for their students. In any event, we shall be having clerkship seminars this spring where we will have sortie of our students who have obtained clerkships speaking. Perhaps we can have a few judgesand law clerksalso present. requests for part-time positions for second yearstudents. We post announcements of all such opportunities on the bulletin board. Highly paid summer positions are scarce; however, if one is primarily concerned with obtaining experience instead of high enumeration it is my feeling that many summer positions can be found. I have been The Buffalo Moot CourtNational Team, Dave Ferster, having seminars for second year students seeking employment in New York City and will do the same for Allan Mantel, and Gene Riebstein, placed third in the other students. thirteen school regional runoff for the Moot Court National Competition in Boston. In the first round, Buffalo was slated to meet the winner of a Cornell-Yale placement doing? What is the committee 12. matchup. In that round, Buffalo defeated Cornell, and On Tuesday evening, November 11, the Placement thereby elevated itself to the semi-finals. In a very close Committee met. We had a large turnout and established an decision, Syracuse edged out the Buffalo team, and met agenda for future meetings and the active participation Boston College in the finals. Boston College eventually thereto of each member. We will publicize the results of took topregional honors. Buffalo tied Boston College for the competition's best our efforts and I urge all students, particularly first and second year students, who have an interest in the brief on objective scores. However, in a decision smacking regionalism, the judges awarded best brief to Boston with committee O to join us. Our assignment list is available in the College based on subjective post facto criteria which are Placement Office. yet to be explained. This marks the second competition in a row in which 13. Will we have career seminars in the spring? Buffalo Law School has received top brief honors. The We will have as many career seminars as possible. other competition was the Tax Competition which was 11. Are there summer internships or clerkship Practicing lawyers in Buffalo and elsewhere will be invited held last spring. opportunities available for first and second yearstudents? to attend and anticipate having the type of program I which will be beneficial and informative to all of our From time to time the Placement Office receives students. Moot Court Nationals SBA Meeting By Dan Slade The regular weekly meeting of the SBA was called to order at 3:50 p.m., November 5, in room 108 of O'Brian Hall. The President reported that the New York Public Interest Research Group (NYPIRG) is contemplating opening a chapter at the law school. She also announced that in the immediate future, third year SBA directors will be appointed as co-chairpersons of the Graduation Committee. This is necessary due to the lack of voluntary participation on the part of the student body. The Treasurer announced that a first year director will be appointed budget the to committee at the next meeting. Under this report, Novack moved to allocate an additional $750 to the party line of the Social Committee, by seconded Solomon. The motion was passed after a lengthy discussion of ways to get the most out of funds allocated for parties. A suggestion that mixed drinksbe eliminated in favor of beer and wine at SBA sponsored functions was quashed as it was felt to be contrary to student preferences. The Treasurer also announced that the SBA was going to re-institute fee waivers. The administration requires that consideration be given to fee waiver requests and threatened to take over processing of these if the SBA did not act. Under old business President Roberts read a letter from Don Monacelli to the SBA. Mr. Monacelli requested that he be reconsidered for appointment to the Admissions Committee. He protested the lack of stated criteria to be used in evaluating an applicant's qualifications for such appointments and the absence of an adequate appeals process to review appointment decisions. Waters moved that MonacelM's appointment be reconsidered in light of these points raised by Monacelli, seconded by Zehler. *********************************************** * ___t £ * ** * "# * 2 I £ / f //iV � Vs~"K*7 \ o >>S_s__ /tv\ moved upon but that the motion for the reconsideration of an appointment already made was an inappropriate vehicle for such action as it would undermine all prior of the committee appointments made by the SBA. Under new business, Golden that motions to allocate funds be tabled for one week, secondedby Zehler. This motion was defeated, and accordingly, the main motion was tabled. Waters moved to adjourn, seconded by Zehler, motion carried. Ok. Club, funds for *^^A_ mU»I NORTON HALI s l* Univtril -of 3435 to allocate ******************#***#*****#*m Main Str_t 1 )l\ The motion was defeated, 5 for, 7 against, with 2 abstentions. The change to be madeavailable at the consensus seemed to be that circulation desk in the library, MonacelM's points were well taken seconded by Milstein. Davis and that they should'be acted moved to waive the requirement ' York at Buffalo Buffalo, N.Y. 14214 •*•* V' ■* 716 •31-2145/2146 •f * B # j. WHAT YOU GET FOR YOUR MEMBERSHIP: , \\ \_ .OBr.*''?, *BS't\ \X Nj' ' JS Two n'ghls (Mon. & Tues.) FREE skiing at Bluemont; Bus transportation included? Skiing from 7:00 p.m. 10:30p.m. One day FREE skiing at Holiday Valley -Wednesdays & Thursdays alternatel V- The free skiin8 is offered every week of the ski season. (Excluding holidays). You may ski asm many times as you wish. - # # * 2 MEMBERSHIPFEES: Full/Part-time undergrads of U/B Grad,Professional, MFC students (U/B) Staff, Faculty, Alumni (in Assn. and immediate families of all the above Alumni (not in Alumni Assn.) ***I*** ****************************** ************ 2 $40 + tax J45 + tax ABSOLUTELY NO MEMBERSHIP $53 +tax *********,Mt aK )K#)Ml ** I#. «.._?,_, BE TAKEN after ft NOVEMBER is, 1975 # WILL win $50 +tax *************** �November 20,1975 OPINION 15 ALUMNI LINE by Carl S. Heringer PLEASE REMEMBER TO VOTE IN NEXT WEEK'S FEE REFERENDUM, NOVEMBER 24 & 25 OPINION will return next semester but we need your help. Our publication schedule is still being formulated. To publish at all We're back! Sorry for the absence of Alumni Line in the recent past. As you may have noticed, Opinion is going through some changes, and some items have been getting misplaced in the shuffle. That will be changed, too. This column should be more than an obituary column,but we need your help. Remember, to continue receiving your copies of Opinion your dues to the Law Alumni Association ($lO/year) must be paid. Ms. Nelson in the Admissions Office at O'Brian Hall can give you more information on the uses of that money and when to pay it. We welcome your comments to AlumniLine, to Opinion, on things in general, or your viewpoints on current issues in the legal profession. Of course, your appraisals of this paper are also welcome. Needless to add (but anyway), any written contribution, factual or commentary, is welcome. As youmay already be aware, our new Placement Director, Jay Carlisle, is working hard for U/B students, attempting to find holes in the overstuffed job market. Part of his task is contacting our varied and far-flung alumni and marshalling their ideas and information useful to the students. His procedure includes alumni gatherings and the such, allowing you to meet old classmates while at the same time helping your new ones. A great help would be an up-to-date list of names and addresses. Even if, for whatever reason, you are not a dues paying alumnus/alumna, it would be a great service to all concerned to keep the school posted of any changes in addresses.'etc. It will certainly be appreciated. * * * * * We'll be back next semester. Address all comments, etc. to Alumni Line, c/o Opinion, O'Brian Hall, SUNYABNorth Campus, Buffalo, New York 14260. we need people who can write, type, proofread, do layout, distribute, and be general all-around useful people. No experience is necessary, just some youthful enthusiasm and a willingness to help. �OPINION November 20,1975 16 The Heck with Meek SPORTS by Lawrence M.Meckler either protect his alligator cushion or to protect him from Alex Bob Montgomery, a scrub ballplayer for the Boston Red Sox, madehis first and only appearance in a World Series this year. Sitting on the bench the entire series, Montgomery came to bat as a pinch hitter with one out in the bottom of the 9th inning in the finalgame, with his team down a run. Bob Montgomery, a second string swtich hitting catcher, who spends his life waiting to be put on waivers and warming up Diego Segui in the bullpen had his dream in front of him. With 50 million people watching, if he hits a homerun he's a super hero. No, he didn't pass out, but he grounded out. Bob Montgomery, or "Monty" as he is known to his fan, will now spend the rest of his life saying to himself, "I grounded out" and waiting for Carlton Fisk to get hurt again. There are many stars in sports, but there are many more scrubs. Scrubs are athletes on the borderline of the major and minor leagues. They are hanging on to the dream of being a star and at the same time trying to avoid having to find another profession. This article is dedicated to scrub athletes and their frustrations. Many players really stinkand deserve to be scrubs while others never got the break to take them out of scrubdum. Many scrubs have trouble realizing their importance. Teddy Martinez, who whenhe last looked was on the Oakland A's, spent 1975 being a pinch runner for a pinch hitter for a defensive replacement. Take the case of Joe Fields. Being a starting center in pro football doesn't exactly put you in the limelight. Where does that put Joe Fields of the Jets, a back-up center on punts? Everyone talks about Pele, who popularized soccer in America for a month. However, what fame goes to Fred "Cornerkick" Smith who brought soccer to the sewers of Paris? Chico Ruiz was one of the classiest second stringers. He had an alligator skin cushion which he used when sitting on the bench. Chico also was known to carry a gun at times. The gun must have been to There are even scrubs in the animal world. Arnold the Pig, star of Green Acres is world famous.But who knows abouthis back-up "Hog" Horowitz? There are scrubs in other professions. At the moment we have a scrub president in Gerald Ford who had his life threatened by scrub assassins. Imagine being a scrub lawyer,a second string lawyer who only got to try cases when the regular lawyer had an ulcer, retired or had to go shopping forhis wife. There are many landmark cases we learnabout, such as Brown v. Bd. of Educationand Erie RR v. Tompkins. But when was the last time yourContracts teacherasked you to read a scrub case such as Harry the Super v. Leo's Luncheonette, 240 NY Scrub 2nd 28 (1911). Scrubs get no respect. There is a new spray that trainers use to prevent swelling. This miracle spray is called "freeze." However, when a scrub gets injured the trainer instead of spraying "freeze" on the injured area, will just spray very cold. Some ballplayers have sneaky ways of preventing themselvesfrom being scrubs. Milt Pappas would always seem to get a headache or a sore arm when he had to pitch against the Pirates or the Dodgers, but when the San Diego Padres (a scrub team) were in town Pappas would volunteer to pitch the entire series. Remember the immortal Paul Ruffner? He spent his entire career playing one on one against Dale Schleuter in practice before he joined the ABA, now defunct. Even an entire sport can qualify as a scrub. Hockey is a scrub sport. I don't like hockey. A Scrub Halt of Fame would have to include such scrubs as Super Stiff Ed Kranepool who was over the hill at age 19, Bumbling Bill Tuttle and Duke "Did anyone see my bat?" Carmel. If they need a scrub legal advisor I'm available. I may make fun of scrubs, but remember without scrubs you wouldn't have stars. The Magic Act by Miles Elber Editor's note: Werealize that the following material describes activity that is illegal, and as such we are not advocating it. However, it does exist, and as members of society we should be aware of its existence and its ramifications. Please note that the opinions expressed herein are not necessarily thoseof the paper. The Saga of Benny the Book It is necessary to think back, to remember the classic World Scries between the Red Sox and The Reds, especially the sixth game. It is the bottom of the eighth, Eastwick pitching to Carbo, Cincy winning 6-3, four outs and the series is over. But then Smack! The game is tied and poor Benny is sick. The Red Sox go on to win the game making the seventh game decisive for everyone but Benny. Benny is forced to lay off his bet on the Reds by betting the Red Sox in the seventh to prevent disaster. Benny had made a large bet on the Reds, $2000. He gave away 3-2, meaning he was rushing three grand to win 2. He also had bet the Reds for $500 in the sixth game because Tiant was favored and Benny didn'tbelieve Tiant could beat the Reds three times in the series. Thus Benny was counting on $2600, until Carbo's swing (Tiant was a 6-5 favorite). Damn Eastwick; damn Gowdy and that nonsense about Carbo being picked ahead of Bench in the baseball draft. Who cares! Instead of $2600, Benny simply called up the old book and bet $1500 on Boston in the last game, getting a 7-5 advantage. In reality the bet meant nothing as Benny was up $900 in football bets, meaning that if Boston won Benny would be even, if Cincy won he would be up only $1900. (Any ?s about the math write to Opinion.] As we all know the Reds won, but that night Benny had bad dreams about Carbo'shome run. Pro football is treating Benny fine. Benny's favorite team to bet against early in the year is the jets. He hates their defense and he knows too many people bet Namath on memory. Benny loves N.Y.C. suckers. Needless to say with the spread even, Benny bet Buffalo over the Jets and even felt sorry for Joe as the Bills romped. The second week of the season Benny made a bad error, he bet a game between two mediocre teams, the Eagles and the Bears. Benny bet the Eagles and gave three points and lost. I asked Benny how a sane person could bet on a team quarterbacked by Gabriel, he simply said, what do you think about Huff and Douglas. Good point, they are both terrible. Week three was important, because of the series bet soon to be made and because Benny didn't want toget behind early.Benny made a strange bet, S.F. over K.C. giving Benny feltS.F. wasn't a bad team and K.C. was; this week Benny was right. Oct. 19 the rains continued in Boston but Benny didn't care. He thought he saw one of the best bets in years. Miami and the Jets at even. Benny couldn'tbelieve his eyes. At firsthe was afraid to bet. Was Griese hurt? Did more Dolphins jump? No and No. Benny doubled his normal $300 bet and had a most enjoyable Sunday afternoon. The Dolphins for fun 43-0 and people work for a living. Benny didn't like any of the lines for thepro games for the sixth week, but found a college fame, U.S.C. v. Notre Dame. Benny felt Notre Dame had its worst team in a long time and U_5.C. was undefeated so they must be good, they always are. U.S.C. was favored - Opinon Johnson. 1. - , by 1. Benny bet and suffered through an unbelievable three quarters before finally winning in the fourth by a TD. Both teams were bad and Benny was lucky. Benny checks the lines out every Tuesday and Tuesday, October 28th brought a smile to his face. He loved threegames, Pittsburgh was one over Cincinnait, Houston was V/i over Kansas City and Perm State was 3 over Maryland. Benny wasted no time. He called in the Perm Stale bet and tied Houston and Pittsburgh up in an if and reverse. The if and reverse bet means the following. If Houston wins you carry the bet on to Pittsburgh, if Pittsburgh wins, you carry the bet on to Houston. It is two if bets (explained in the last issue). Benny was risking $660 to win $1200. Saturday started off great. Perm State jumped to a 12-0 lead. Slowly Maryland came back, 12-7, 12-10and then they pulled ahead 13-12. Benny knew it, he was gome to lose. He did even though Perm State ended up winning 15-13. Beaten 'y a point. Why does he bei on people who are youngerthan he is? A true fool. The loss added tension for Sunday. This was his first really big rish of the year. It could be a $990 weekend. Now he knew why people work, nothing is that easy. The Pittsburgh game started at 1 and the first half was dull with Pittsburgh pulling ahead 10-3 at half time. However, the 2nd half brought Pittsburgh to life and they pulled way ahead, 23-3 going into the fourth. No problem. Houston was having its problems though. They were down 13-7 at half time. Oneloss still spelled an expensive weekend, and all of a sudden it got a lot worse. The CBS pre-game show gave the score Pittsburgh 23, Cincy 17 with Cincy threatening in the fourth. The Jet—Bill game ended, so Benny quickly changed to get the grandstand show and the final, jack Buck was giving the scores but he didn't give the Pittsburgh or Houston scores. What the hell is wrong with theseshows, this is Sunday, scores should come first not reports of the Australian Open or Phyllis George orchestrating music for Charley Young. Finally five minutes later (literally) Buck says Pittsburgh 30, Cincy 17 with just a little time left. A sigh of relief then Houston 14, K.C. 13 in the third. Only a field goal needed to win. Come on Bum Phillips. Yes! Skip Bitter kicked a field goal, the Oilers win by four. The if and reverse is conquered. Benny sits back and watches a Redskin-Cowboy classic and prepares to party. Of course, he goes over to the old White Pages first to check out next week's schedule and plan for next week's war. Half the season is over and Benny looks like he is ready for the Super Bowl. - Intramurals Commissioner Kaminski reported a very successful opening day of the season, November 5. Winners Losers Red's Boys Sofferman's WFL On The Rocks The Stars Underdogs Impotents AmbulanceChasers Byes Canadians The Red Boys are the team to beat. This week, watch the WFL to fold.. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e5013d210426ee3161875afca896cb90.pdf 206094e83f90934212904bfe64926e3d PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 16, Number 5 State University of New York at Buffalo School of Law Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 February 5, 1976 Chomsky Advocates Vision in Arab-Israeli Conflict by-Abbott Gorin On December 5, 1975, Jewish Law Students Association, Mitchell Lecture Series, and the Distinguished Visitors Forum presented Prof. Noam Chomsky of M.I.T. to speak on the Arab-Israeliconflict. For those of you not familiar with Prof. Chomsky, he is, primarily, a linguist and has made major contributions in that field with his works "Syntax of Language" and ""'Cartesian Linguistics." Prof. Chomsky has also been an outspoken critic,of American foreign policy condemning the neo-colonialist policies that United States policy makers have followed. Last year Prof. Chomsky's book, "Peace in the Middle East? Questions of Justice and Nationhood," was published. Much has happened since the publication of that work; however, Chomsky gave an interesting lecture touching upon Jewish and Palestinian claims to the land of Israel, and the reaction of American policy makers, and of the American industrial and established liberal community to the crisis. Prof. Chomsky began his lecture with a heavy attack upon the interim Sinaupeace accord between Israel and Egypt so widely acclaimed by Secretary of State Kissinger. The agreement is anything but an interim one, and .for precisely this reason, it assures continued military confrontation between Israel and Egypt. What the agreement in effect accomplishes is a sterilization of Israel's southern front facing Egypt. Despite the recent cooling of Egyptian-Soviet relations, and the heavy influx of Soviet Arms into Syria, Egypt remains Israel's prime military adversary. With this pressure removed, Israel will continue to annex former Egyptian territory, most notably the Gaza strip and an access corridor to Sharm-EI-Sheik on the Red Sea. As a sovereign state, Egypt cannot tolerate such a policy for any length of time. The longer the annexation process continues, the more Kissinger's step by step approach becomes a freezing in space of new boundary lines creating increased tension between the belligerent seek retribution? In addition, if the P.L.O. was given the West Bank to rule, like most political regiemes, it would snuff out opposition which would jeopardize its sovereignty. The P.L.O. itself would curb terrorists least the Israelis or Jordanians intervene militarily. However, because Israeli policy makers are intent on an nexation they choose the more parties. Annexation with respect to territories occupied as a result of the 1967 war is not limited to the Sinai, but is going on on the West Bank of the Jordan and on the Golan Heights. Israeli policy makers justify these actions on the basis of security despite the fact that the majority of Israelis are willing to give up these territories for concrete co mmi t ments towards peace. Prof. Chomsky believes that a policy of annexation will jeopardize Israel's security rather than heighten'it. Perhaps even more significant than the events in Sinai is the question of creating a Palestinian state on the West Bank. Such a state, if present conditions prevail, would be a small entity between Israel and Jordan. What Israeli hawks arc quick to pick up on is that this would be allowing the Palestine Liberation Organization open access to conduct terrorist activities in Jerusalem, Tel' Aviv, and the populated centers along the Medilereanean Coast. It would be putting the terrorists in the front yard. However, would this situation be any less dangerous than forcing the Palestinians to integrate themselves into Jordanian society where they would eventually predominate in civilianand military affairs, thereby giving their vengeance a well equipped military machine with which to HOMBD URGE, ESMOND RETIREMENTS WAIVED At their meeting of January 28, the SUNY Board of Trustees approved waivers of the mandatory retirement rule, by which SUNY faculty are to retire upon reaching age 65, for Law School Professors Adolf Homburger and Charles S. Desmond. Both needed and desired the waiver to continue teaching next year. As_with previous waivers, the recently-approved waiver for the two professors is effective only for the next academic year, 1976-77, as it must be soughtannually. New "Certiorari" Want to Publish? The Opinion Editorial Board wishes to announce that contributions of student research papers for publication in the second annual volume of Certiorari are being accepted through February 20, with publication planned sometime in April. This year's Certiorari will be devoted to the general subject of state and local government relations, governmental programs and administration,and the legalproblems of political subdivisions. Possible sources for pubMshable material include seminar papers, independent research, and grant-funded projects. Contributions will be evaluated according to the criteria of legal scholarship, originality, writing quality and readability, public interest, and utility to the profession. Selection will be done by the Opinion Editorial Board, interested faculty, and representatives who will be sought from student projects active in the area of state and local government law. The second voluffle flfCertiorari will, in terms of format, be similar to the inaugural issue published last spring. ,' Students interested in submitting papers to Certiorari may do «> through the Opinion office, room 623, or through Opinion's 3rd floor mailbox. dangerous Rath of forcing the Palestinians to integrate into Jordanian society. Prof. Chomsky would not be happy with a West Bank partition under the P.L.O. since the effect would be to create two Ulsters, i.e. a predominantly Arab West Bank with a minority of Jewish citizens who have inhabited Jewish holy places there, and a predominantly Jewish be assured. A west bank state would be a halfway house with progressive Israelis and progressive Palestinians making increased efforts to build a culturally plural state, but a politically integrated one. Ironically it is the P.L.O. and the Israeli right who stand in opposition to such a move. The Israeliright envisions a greater Israel which includes the occupied territories and would have Arabs as second class citizens. The P.L.O. is a mirror image of this position with the words Jew and Arabreversed, for while the P.L.O. talks of the Palestinians as a separate nation, it sees itself as one body in a greater confederation of Arab states. (This position of the P.L.O. causes Chomsky to compare it to the Kuomintang in China which eventually gave way to a truly nationalist movement, See "Peace In the MiddleEast?"). Until both sides realize the other's right to exist as a national (continued on page nine) Legal Writing Program Faculty Complies with Court indicated that it could not approve the awarding of gradqation credit for a Reacting to a decision by the Court of program in which faculty contact was so Appeals to reject credits earned in the remote. Discussion of the crisis by the faculty student-taught legal writing program as applicable toward minimum graduation evinced some resentment that more requirements, the faculty moved at their forethought had not been given to the January meeting to reduce the credit problems which might be generated by a awarded to writing program students from student- taught program, while others three hours to two. They also required the defended the initial planning, expressing students to register for. a fourth spring disagreement with the reasoning of the course so as to continue to meet Court of Court of Appeals. Several faculty members favored a , Appeals requirements. With notice of the Court's decision on motion by Prof. Ronald Allen to strip the the writing program, credit being received legal writing program of any credit and as the semester was actually,commencing, simply continue it as a requirement, but the faculty were presented with an the majority voted to continue awarding emergency plan devised by the credit for internal purposes, largely in the administration with the object of belief that credit was necessary to insure preserving the student-taught writing that students in the program fulfill their program while insuring that first-year responsibilities to it. The main motion, to reduce the students in the program earned at least 12 credits acceptable to the Court towardthe program's credits to two and to require 81 required for graduation. The two credits enrollment in a fourth course, was awarded for the writing program will now thereupon passed unanimously by the be recognized by the Law School for faculty, with the administration noting internal purposes only. that approximately 90 first-year students The student-taught legal writing without a fourth course would be specially program was developed by the faculty last registered into available and reopened year upon their realization that faculty upper- divisional courses. interest in teaching small-group electives A mass meeting of first-year students was insufficient to accommodate all held to explain the situation and arrange first-year students in such electives as the the additional registrations was, however, preferred mode of writing instruction. With the occasion of heated protests, -as small-group electives available on a more numerous students challenged the worth of limited scale, the faculty voted to establish the student-taught writing program, a legal writing program under the denounced the alleged inequity of having supervision of Prof. Joan Hollinger, to take an additional course a week into through which the remainder of the the semester, ( and charged the first-year class would receive writing administration and faculty with various instruction by student teaching assistants. degrees of misfeasance or malfeasance in In its letter to the Law School, however, the handling of writing instruction. the Court of Appeals, which has Dissatisfaction with particular course administrative supervision over registrations continued to be expressed late requirements for admission to the bar, into the week. by Ray Bowie _ �Februarys, 1976 OPINION 2 ours yours OPINIONS The Jury is Out THE JURY IS OUT The problem is, the jury never came in. An important feature of the Trial Technique program, actually the crux of the course, is the full-day trial held downtown in an actual court setting. The student attorneys handle a case from the opening to the closing statements, and the jury then renders a verdict. Ideally, the jury is composed of student volunteers from the law school. Serving on this juryis an invaluable experience, one that, as lawyers, will probably never be experienced in actuality. The opportunity to view a suit from the layman's point of view cannot be over-recommended. Yet, little response is had from the student body. The trialslast semester were forced to proceed with only one juror. Needless to say, thisis unacceptable. The trials are held downtown, and the courts are easily accessible from all parts of the city. Neither should therain that day have been a deterrent. In addition to the importance of the experience to the juror, it is important that the student attorney have the opportunity to perform before a jury. At some point, most of you will do so; the practice is even more important for those contemplating a career in To the Editor: On Palm Sunday, 1972, the Very Rev. Francis B. Sayre Jr., Dean of the National Cathedral in Washington, D.C. said, "Now the Jews have it all. But even as they praise their God for the smile of fortune, they begin ajmost simultaneously to put him to death." The Holocaust and the Jewish State has been something of a thorn in the side of some modern Christian theologians. A system of thought that must forever explain, or explain away the fate of the Christ killing Jew must ultimately reconcile itself with the secularization of those beliefs carried to this insane but nevertheless logical conclusion Nazi Germany. Billy Graham, spiritual leader of Presidents and countless millions has provided us with another version of this ugly scenario. The Hiding Place, a movie ostensibly about the Holocaust, has surfaced at a particularly troublesome time for responsible Jews and Christians. In a rather obvious way, this Graham production portrays the Christian protectors of Jews as martyrs, while the Jews are nothing more thanlonesome creatures who eventually expose their protectors to the Nazis. This "dramatization" ignoring litigation. history, fact, truth or whatever rational criteria one might use adds to a process of Most students take Trial Technique. You, too, will want to get the most out of the invidious revisionism, that can only pave the way for another generation of oven builders. course, and that is not possible without the basic, fundamental appearance of a jury. The attempt to lure the public into this fundamentalist diatribe by alluding to the Perhaps the solution is to make jury duty mandatory for all first year students. That, at number six million (in small print, "people who read the book") is an insult to the least, will allow everyone to benefit equally from the program. millions who perished, and those Christians who did in fact risk all to save Jews from their certain fate. We live" in a time that easily loses sight of its past. Only 35 yearsago Adolph Hitler reminded his deputies that nobody remembered the Turkish genocide of the Armenians at the turn of the century, and the same wouldbe true of the Jews. The "final solution" was at hand! We write thisletter to remind you. - 1 SBA is OUT .. . . . .. . It is almost time for the new round of Student Government elections in O'Brian Hall. Before one becomes entranced by the campaign promises soon to be posted throughout the building, it would be worthwhile to review the accomplishments, or lack thereof, of the present administration. In order to best do so, the platform of the officers will be looked to (OPINION. Feb. 20,1975): " a) An official SBA publication published weekly provide a forum .. (to) report directly to thestudents." "b) We will do everything possible to have the meeting hour scheduled sometime during the week "c) require that each officer or director commit one or two hours a week to staffing the office so that the SBA will be entirely available to the student body." "d) A major overhaul of the SBA constitution and codified by-laws (is) a .. . priority." ".. Security guards or (an) SBA-funded student patrol" for the halls. "The need for a health office." ".. To actively recruit more women and minorities." No individual comment need be made on each excerpted promise, Not one has been fulfilled. As far as the student body is aware, few have even been acted upon. So much for campaign promises. As for the individual officers: Cliff Solomon, Secretary: Takes minutes at meetings, but those minutes have not been made publicly available outside the SBA office. Nor has information about SBA activities, agendae for SBA meetings, or even notice of SBA meetings found their way generally to the student body or the student news media. Cathy Novak, Treasurer: Has done a commendable job. There are great obstacles, working within the limited budget available. However, by her own admission, she is involved in so many school activities, that giving her utmost attention to this taxing position is impossible. Cindy Falk, First Vice-President: Resigned early in her tenure. No replacement was appointed, as required by the SBA constitution, and no special election, also required, was ever held. Meanwhile, the ABA Law Student Division responsibilities, the duty of the First Veep, have gone unfulfilled,and ABA/LSD membership at the law school continues to decline. J. Glenn Davis, Second Vice-President: Has provided an articulate and intelligent voice for law students at Sub Board meetings, to the increased respect for the law school on the part of the other students of the University. He has further attempted to supply leadership and student input here at the law school, where other SBA officers have proven derelict. Rosemary G. Roberts, President: SBA meetings have been cancelled because the president was not there. There have not been regular weekly meetings held of that body, as required. It was-the president's duty to appoint an interim vice-president. The SBA president is to attend the meetings of the Alumni Association of the Law School, but the minutes of each of these minutes since her electionhas conspicuously noted her absence. Memos and inquiries to the SBA president from the school administration have gone unanswered, and many invitations to provide student input have thus been lost. Ms. Roberts has been known to take every criticism of SBA, especially by this paper, as a personal affront, but is not responsive to further inquiry on disputed issues. The SBA office is rarely, if ever, staffed. Meetings, held irregularly, in the past have occasionally been closed to the student body, in violation of theirconstitution. Elections have been poorly publicized, and poorly supervised, leading to questionedresults. SBA did fund buses to an Attica lobbying effort in Albany after being denied student funds for that purpose by SUNY guidelines, resulting in the loss of the cheaper SBA copier to thestudent body when copier.receipts were used to finance that trip. The Albany fiasco seems, in retrospect, to have been the only big undertaking of the current administration, a misdirected one at that. On the whole, the Student par Association has failedthis year to address itself to the issues confronting the student body, to provide student input into administration and faculty decision-making, to even communicate to students, or in fact, to do much more than simply process vouchers for the expenditures of student activity fees. In the forthcoming year, the student body needs more than just bookkeepers and bureaucrats ensconsed in SBA offices. The JewishLaw Student Association State University at Buffalo Faculty of Law and Jurisprudence Lewis Dear Sir: I am generally of the opinion that the administration of an institution of higher learning should be ascended to, rather thandescended upon, by its students. Our input is essential, however, and the present imbroglio created by our faculty has imbued me to comment. , The faculty reinstated the Freshman Research and Writing Course, mainly due to student input, and, indeed, made it mandatory. They then failed to enlist sufficient support among their ranks to teach it. The unfortunate result is that many of us have been forced to register for a fifth course one week into the term, and will receive two chimerical credits for a course which is admittedly worthwhile albeit nonacceptable. The administration has subsequently lowered a transparent confectionery curtain, trying in vain to obscure the instant "peccadillo," but the fact remains that the faculty can require a course then refuse to teachit. I have resigned myself to the present situation and, due to the circumstances, I urge others to follow suit; but I believe an apology is in order and, of paramount importance, a credible assurance that history will not repeat itself. Alan R. Lewis Bowie To the Editor: As this issue goes to press, the SBA's Distinguished Visitor's Forum has been advertising its co-sponsorhip, along with the undergraduate and graduate student governments, of "A Symposium on Senate Bill No. 1," the subject being the proposed revision of the Federal Criminal Code which has generated much controversy over particular provisions alleged to endanger Constitutional liberties. As advertised, the Symposium boasts the participation of figures representing several groups unanimous in their strenuous opposition to the Bill on the above grounds, and therein lies the inequity: the very unanimity of the viewpoints presented. Certainly, the very fact that the Bill has reached the'present stage of the legislative process would indicate that there is something to be said in support of the contested provisions, or alternatively that such provisions are suitable for amendment on the floor so as to meet many objections thereto. Apparently, however, such opinions will not be available at the Symposium. In my period of association with the Distinguished Visitors Forum, have found it a source of great pride that DVF has been able to harness the contributionsof students of varying political perspectives and provide the Law School with a balanced, and professionally-oriented speakers' program. But in terms of the present Symposium panel's composition and the exhortatory manner in which its content has been advertised, the DVF here seems to be engaging in an exercise in propaganda, one undoubtedly consonant with the ideological orientations of the undergraduateand graduate student governments but regretfully inconsistent with the intellectual fairness so essential to honest debate. Dictionary definitions of "symposium" generally refer to the concept of a panel at which there is to be a free exchange of opinions on a selected subject, but more relevant perhaps in regard to the Senate Bill No. 1 Symposium is the peculiar derivation of the word, from the Greek of "drinking party." Indeed, the planners of the event seem to have becomeintoxicated by the heady brew of their own political ideology. I " Ray Bowie �February 5, 1976 OPINION LETTERS CONTINUED GUEST OPINION Gorin To Opinion: " I would like to add some personal comments on the lecture given by Noam Chomsky last December. [The article appears in thisissue of Opinion.] As I was leading Prof. Chomsky out, a sociology grad student grabbed my arm and said, "It's too bad those J.D.L. people weren't here. He would have taught them a lesson." Apparently this student missed the point. One can only recall Chomsky's repitition, almost to the point of tedium, that both Israelis and Palestinians have a right to survive as national entities. However much time was spent condemning annexation of occupied lands, significant criticism was also lodged against the P.L.O.'s rather short sighted view of the problem. In talking privately to Prof. Chomsky he pointed out that the most telling barrier is the fact that both the Palestinian and the Israeli communities are so small. Consequently there is little space to sit back and view things objectively. When a bomb goes off in Jerusalem, or a phantom strafes a refugee camp, the cry of vengence shakes both national groups. Last year on CBS' "60 Minutes" there was an a mother of a slain P.L.O. terrorist was keeping her son's attack rifle ready so that her younger children could claim his revenge. Those children must have been no more than seven. Prof. Chomsky is motivated by the desire to see justiceresolved in some other way than having those Palestinian children, or their Israeli counterparts, claim revenge by way of mutual acts of terrorism ten years from now. Much like the reasoning which in law precludes restrictions against the free alienation of property, the hand from the grave should not write the scenerio for the living. account of how Abbott Gorin Volume 16, Number 5 Opinion * 3 February! 5> 1976 Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: Lawrence M. Meckler, Myles Elber, R.I. Glick, Abbot Gorin T.J. Centner, Jeff Chamberlain Contributors: Chris Carty, Steve Errante Copyright © 1975, Opinion, SBA. Any republication of material contained herein is strictlyprohibited without the express written consent of the Editor-in-Chief OPINION is published every three weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial -policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from StudentLaw Fees. Students and Stamps Dear Students: Since the National Food Stamp Reform Act (the Buckley-Michel bill) initiated last June the current debate over the future of the federal Food Stamp Program, I have been puzzled by the apparent lact of involvement in thisissue by the nation's college students. For food stamp reform concerns them directly, not only as taxpayers, but also as the inheritors of whatever future is to be shaped by today's public policy. Moreover, one major food stamp issue touches, at least potentially, every campus in the country. That is the use of food stamps by post-secondary students. My own position on this matter has been equivocal. I do not see how anyone, within or outsideof the academic community, can defend student use of food stamps. We are not talking about students from poor families who are already eligible for stamps. Surely, in such a case, a family should not be penalized for sending one or more of its children to college. But what of students whose families are not eligible for stamps? Is there any justification for their receipt of this form of public assistance, which was originally intended to supplement the diets of the needy? I think not. Many students bear great sacrifices to further their education. They postpone the short-term benefitsof full-time employment in order to enjoy later the long-term benefits of a college degree. Their decision to do so is in the best American tradition of self-improvement. But they, for their part, must accept the responsibilities that come along with their decision to better themselves by pursuing their studies. When they voluntarily become unemployed to attend college just as their elders would be if they quit their jobs for a year or so to stay at home and explore the world's great books they must be willing to support themselves in that importantenterprise. To my.rTU.iil, tbfe use of food stamps by college students constitutes exploitation of the other young - .• - Americans of that age who are at work. The young men and women who labor in factories and gas stations, on farms and in the Armed Forces, subsidize the groceries of their peers who arc seeking more ample rewards in the future by investing now in higher :_ ..■■.■.,_,*.' education. >~ ■-■ !J From' the perspective of Capitol Hill, it is unfortunate that the students of America have been silent on this issue. I do not believe that the altruism ofyouhgAmericahs has yielded to self-interest. I am convinced that most students do not countenance others' abuse of the Food Stamp Program. And yet, such abuse has beenamply docUmfent'ecli as ,in the case of; Madison-, Wisconsin, where 65% of the food stalinp recipients a year ago were college students. If our campuses are havens of idealism, if they are'preparing future leaders who will fashion a more equitable and just society in years to come, then the Congress needs to hear from them. Especially in recent years, our political'system has been distorted by special interest pleading. Blocs of votes are, in effect, bought by the Congress through dozens of appropriations bills, funding thousands of projects to benefit every imaginable pressure group. Sometimesit seems as if there is a lobby for every tax dollar and precious few advocates for whether to play this sordid game by its present rules of getting and grabbing or to change it through principled advocacy-ef whatis right, rather than what happens to be personally profitable. I would like to suggest that the current food stamp debate offers just that opportunity to the students of this country. I hope that voices will be raised, at least from the campuses of New York, on behalf of the truly needy and against abuse of public assistance programs by other interests. For what is really at stake in this controversy is the credibility of student idealism. In the future, when students come to Washington to petition on behalf of the unfortunate, the suffering, and the helpless, let them come with clean hands, thatis without food stamps. If we are ever to replace pork-barrel government with something nobler and more purposeful, it is up to you to lead the way. '< : Sincerely, James L. Buckley There are only 26 shopping days before the important SBA elections for both Directors and Executive Officers. Let's get it right this time. The elections are on March 1 & 2. The positions open are that of: MV v #% ™ Ml I . ■ ■ Ll I ~, ■ ■ ■ i ; L v ;i _,: ,mv. './.'...■]:,...:■ ,i-,. ..■ l( ■ .riih>. •■ ■■: "lo'ibi l_iil". ■. ■ #_k |l( 1| I I l._Jr II P*lfa_if ' • . 2nd Vice President Treasurer .. Secretary The first year class will eleel 6 directors to be 2nd year directors. The second year class will elect 6 directors to be 3rd year directors. Petitions must be handed in to the SBA office by Feb. 24 For executive officer positions 10% of each class must sign the petition. 29 Freshmen 26 Juniors , , : ...... ~ 28 Seniors 77. For director posts 20% of only the class electing is needed for a position on the ba110t.., 1 ~ 7. That is: .■• 58 Ist year class or 52 2nd year class In order to have your platform published in Opinion it must be suDmifted to Opinion by Feb. 18. Petitions can and belter be picked up at the SBA office. Let's get ifright this time so J, don't get any flack. L.M.M. • ri '''.'. ' , .' • �February 5,1976 OPINION 4 NYPIRG Urges Public 'trial' of Nuclear Power By Gerald R. Schultz Nuclear power is unsafe, expensive, unreliable, and above all a danger to society. The New York Public InterestResearch Group (NYPIRG) and many other environmental and public interest organizations are actively working to stop further nuclear power development and to phase out existing plants. Since nuclear power is a serious threat to the health and safety of all of us, we contend it should be "indicted" by the people of the State of New York and people in other states across the country; brought to "trial" in the form of a full, open, in-depth public debate, and either convicted or acquitted, with the public as the jury. The decision will affect everyone; thus everyone should make the decision. The indictment should take the following form: We the people of the State of New York charge: I)The nuclear fuel cycle begins at the uranium mine. Many people working at uranium mines and mills have contracted and will contract cancer from working with uranium. Proponents of nuclearpower say that the number of coal mines with black lung disease is much higher. This fact is true but it should argue for strict enforcement of health and safety measures not for condemning other people to die through a massive expansion of uranium mining, (which would certainly be necessary to supply hundreds of nuclear power plants). It should also argue for development of alternative energy sources. 2) Two steps along the nuclear fuel cycle brings us to the fuel enrichment plant. There are only three of these plants, all owned by the Federal'governmenl. A singleplant costs 2 billion dollars to build. The plant in Portsmouth Ohio uses 10%of the electricity used by the entire state of Ohio. This electricity is now supplied mainly by coal burning plants using mainly strip mined coal. President Ford wants to get private industry into the enrichment business by letting the federal government take all the risk and industry take all the profit if there is any. 3) Proponents of nuclear power claim that the possibility of a major accident is infinitesimal. Such an accident would result in a melting of the reactor core and a release of radioactivity to the surrounding area. The old AEC sponsored 3 major studies to determjne what the results (casualties) of such an accident would be. The 1965 study said that a single major accident could kill 45,000 people, injure 100,000 and cause 17 billion dollars worth of property damage. This seemed a little high, so the AEC commissioned the 3rd study. This one determined that the consequences would be less severe but that we don't have to worry anyway because the chance of such a catastrophic accident is so small that it can be pretty well disregarded. Yet just last year, at the Brown's Ferry reactors in Alabama, a fire caused by human error literally came within minutes of causing just such an accident. 4) The capacity and availability ratings of nuclear plants have been much lower than projected by the industry, again adding to the cost of nuclear generated electricity. According to studies done by David Dinsmore Comey of the Business and Professional People for the Public Interest, nuclear plants availability factors (% of lime plant was producing electricity) were 69% in 1973 and 59% in 1974; capacity factors {% of electricity produced as compared with full capacity) were 57.31 in 1973 and only 50.51 in 1974. 5) The plants are logical targets for sabotage. A terrorist group could attempt to destroy the plant or hold it "hostage." 6) Nuclear plants emit very little air and water pollution (this is not true with reprocessing plants, however). They do generate huge amounts of heal and thus contribute much thermal pollution to the environment. 7) Nuclear plants also emit small amounts of low level radiation to the surrounding community. Nuclear plants are extremely difficult to repair. At times, hundreds of workers have to work on the same repair job because each worker receives his or her - — .- Hofstra . ' ' i—MiAJ __« l~Slsl Course Offerings Summer 1976 lUU\ ..._____ _.... DWffWfltY Wl / \J I l/X "■* ' * V '"T/l rK I**7 /l) -*— r NAME OF COURSE FACULTY LECAL ETHICS NUMBER CREDITS _~.»_-_-«.__ 1 PRODUCTS LIABILITY ' Pr Aaro" Tu,tn>( INDIVIDUAL INCOME TAX (Vof.S_«r.«l(-. °*' . FAMILY LAW Prof. John Gregory REAL ESTATE / * *» 3 4 M-Tu-W-Th 3 Tu-W-Th ro/. Hcrmnn Hil-Him REMEDIES M__tchy Mn/it»i TRADE REGULATION Prof. Burton Again .">■ 'I DEBTOR-CREDITOR .. FIOFSTR Prof Man Rrsntck ESTATE <t GIFT TAX Prof. Linda Hirschson EVIDENCE Prof. Abraham Ordover FEDERAL COURTS Prof. Stuart Rabinowilz ~ \ i"flllS ffTA' nti« I|M> KRSI 11 HOFSTRA SCHOOL OF LAW Hempstead, New (516) 560-3636 „ LEGISLATIVE PROCESS for further information: York 11550 Prof i Rom|(| Sj vtrma SECURED TRANSACTIONS Prof.Sl_.lf_o__.fc_ WILLS, TRUSTS AND ESTATES Prof, fohn Sciullo 1:10a.m.-3:00p.m. 11:10a.m.-l:00 p.m. 9:10 a.m.-ll:00 3 TRANSACTIONS , ,, SCHEDULED TIMES M '»—•)«« Tu-W-Th am Tu-W-Th 9:10 a.m.-l 1 00 a.m. 3 Tu-W-Th 9:10 a.m.-l 1:00a.m Tu-W-Th 3 Tu-W-Th 3 Tu-W-Th 4 M-Tu-W-Th 3 9:10a m -11:00 am 11:10a.m.-l :00p.m. . 11:10a.m.-l 00p.m. 11:10a.m.-l .00 p.m. 3 , Tu-W-Th 2 Tu-Th 3 Tu-W-Th 4 M-Tu-W-Th 1:10 p.m.-3:00p.m. :10p . m 3 :00 p.m. 1:10p.m.-3:00p.m. 1:10p.m-3:00 p.m. "In case of emergency, repeat after me: Our Father reprinted, Los Angeles Times - maximum permissible dosage of radiation for that 3 month period in a few minutes or less. Plants have also had problems with fuel rods buckling and cooling pipes crackling. 8) If we build hundreds of nuclear plants, as is proposed and projected, there will be thousandsof truck and train loads ofradioactive material traveling around the country every year. There will be accidents. Some of these accidents, despite elaborate and costly safeguards, could result in a release of deadly radioactive material. There will also be attempts at thefl and hijacking. Plutonium and enriched uranium are very valuable. This risk will result in increased security measures and increased cost. 9) Nuclear reprocessing plants are designed to "recycle" spent nuclear fuel to recover plutonium and uranium and dispose of the rest of the radioactive materials. The only plant that has operated exposed workers to high amounts ofradiation and released considerable amounts of radioactive effluents (pollution) into the air and water., It is in West Valley, N. Y. about 30 miles south of Buffalo. It has since been shut down, but wants to expand and reopen. 10) The highly radioactive waste must be kept apart from you and I and everyone and everything else in the environment for literally hundreds of thousands of years. In practical terms, this means that the liquid waste must be cooled, solidified, stored indefinitely in a bizarre sort of national mausoleum, and finally, permanently disposed. U.S. government and industry scientists have not yet devised a fool proof permanent disposal plan. It must be fool proof because if the stuff ever gets back into the environment, the health of many people and other animals would be severely affected. And, it must be fool proof because once the stuff is disposed, there is no way to get it back. Some suggestions have been: disposal in underground salt beds or mines, blasting it into space, dumping it into a volcano or into deep ocean valleyswhere the earth's moving plates will eventually cover it. 115,000 gallons of liquid high level waste has already leaked from government tanks in Washington State. Similar tanks, full of high level radioactive waste, are located at the West Valley reprocessing plant. 11) The useful life of nuclear power plants is about 40 years. After this time, the reactor must be retired from service, or decommissioned. According to a NYPIRG study, the most radioactive portion of thereactor, the core and concrete shield, must be isolated from the environment the shield for only about ten years but the core for over 1 million years. The core may be moved from the site,-in one piece with some difficulty, or it may be cut up and packed under water and then moved, or it could remain on the site, thereby rendering the land useless. Regardless of where the core is, however, it must be kept isolated for 1.6 million years. Who is going to pay for this perpetual care? 12) Nuclear power plants arc being built to satisfy our need for electrical energy. However, in order to build these plants and supply them with fuel, a huge amount of energy must be consumed. According to Dr. Peter Chapman, if we in the United States were to build hundreds of reactors between now and the year 2000, this so called energy independence program would result in a net loss of energy. In other words, it wuld take more energy to build and operate these plants in this short time period than the plants would produce. 13) Nuclear Power It uninsurable. The insurance companies refuse to cover the enormous risk for any price, despite the nuclear industry's claims of complete safety and near infallibility. However, the federal government has stepped in once again to rescue the industry with a hidden subsidy. According to the Price Anderson Act (recently extended by the House to 1987; soon to be reconsidered by the Senate) nuclear power companies are not liable for any claims over 560 million dollars. This may sound like alot however compared with a 1965 AEC study estimating that a singlemajor accident could cause 17 billion dollars worth of properly damage, it is really not so much. Why should the nuclear industry gel this special protection? If the plants arc so safe, why does the industry need this subsidy? 14) Nuclear proponents have consistently, claimed that nuclear plants are much cheaper to the consumer than fossil fueled plants, and thus electric bills will be lower. However, the cosl of building nuclear plants has been increasing wildly; the cosl of nuclear fuel has been increasing even faster. Westinghouse recently canceled many contracts it had with utilities lo supply uranium, invoking the well known legal doclrine ol impossibility of performance. The government has supported ihe industry with billions of dollars in subsidies since ils inception. Even with all these subsidies, it now appears thai electicily from nuclear plants cosls al least as much ave|ircilrfcity from coal-fired planls. The most recent Electrical World survey (Nov. 15,. 1975).5h0ws that nuclear plants ate substantially more costly to consumers thanraw I (continued on p.ige ten) - - �February j, 1976 .OPINION The 5 News Briefs Brooklyn Side Carl S. Heringer Each year graduating students decide by class vote whether they will wear gowns during commencement exercises. Last year, the seniors decided that the class members would not be required to wear gowns._A large minority vote was cast, however, and one apparent question was the cost of the gowns. The cost ofrentals is estimated this year to be' about $10.00 for gown, cap and tassel. The tasselis given to the renter. The purchase of gowns is about $100.00. This year's vote will be taken during the week of Feb. 16th.The majority of votes cast in either direction will determine the matter, as agreed upon by the Commencement Committee which will conduct the balloting. Plans for the balloting will be announced in the Opinion Newsletter. Please be sure to vote so that the sentiments of the class at large are adequately expressed. T. V. TRIVIA -OR- WILL THE REAL PHILO T. FARNSWORTH PLEASE STAND UP? Queen City Coin and Book Store, 3386 Baily Avenue, corner Lisbon in Buffalo: a comic book buff's banquet. That's my watering hole, where I've spent many an hour (and dime) musing over the fates of Spiderman, Captain America, et. al. Shopkeeper Kean Crowe and his trusty sidekick Brad Becker (or Brad Becker and his trusty sidekick Kean Crowe) are now in the midst of formulating a television trivia contest with some (ahem) aid from yours truly. Eventually, it will contain over 800 questions, and total 1,000 points. The highest scorer will be the winner (Void where prohibited). The exact rules and possible prizes have yet to be determined. Presented here is a bonus: a sneak preview of the test. It is a random sampling of the type of questions contained in the entire project. You can consult your friends, family, etc., but not Fred Silverman or back issues of T.V. Guide. I've got the answers (mostly without using the answer sheet) and of course so does Queen City. See them if you need help, want to offer some to them, have a nagging trivia question of your own, or heed the newest copy of SUPERMAN VS. SPIDERMAN. (No joke!). . 1. Who.was PhiloT. Farnsworth? Who starred in SECRET AGENT? Who played CAPTAIN VIDEO? Who starred in the SIXTH SENSE? Who was the lead in MANIN A SUITCASE? Who was the original lead on MISSION IMPOSSIBLE? Name the announcer on YOU BET YOUR LIFE. What did U.N.C.L.E. stand for? Walter Brennan's last series was ? What was Maynard G. Krebs midddle name? played the of MR. ED? Who owner 11. 12. Who played Riley before William Bendix on LIFE OF RILEY? 13. Name all five of Bob Denver's series. 14. Who played the CISCO KID? 15. Name the two actors who played THE LONE RANGER. 16. Name the saloon on GUNSMOKE. 17,'Who played RANGO? 18. What was the name of Dan Reid's horse onTHE LONE RANGER? 19. Who was the star of TRIALSOF O'BRIAN? 20. Who played GRINDLE? 21. What was the time slot of STAR TREK in its last season? 22. In what land was HOWDY DOODY set? 23. Who was the first wagonmaster in WAGON TRAIN? 24. What is-the longest running weekly T.V. series? 25. What was the PRISONER'S number? 26. Who played Elly Mac Clampett? 27. Who starred in WENDY AND ME? 28. What was |ohn Steed's military rank on the AVENGERS? 29. Who played Jingles on WILD BILL HICKOCK? 30. What were the three roles of Majel Barrett on STAR TREK? 2. 3. 4. 5. 6. 7. 8. 9. 10. .. , . * - * * * Students have been rightly concerned about theabsence of Deanne Siemer from the faculty this semester. At Her request, Professor Siemer was granted a one-semester leave of absence. Given the need foradditional sections of Civil Procedure II and Evidence, the administration was reluctant to grant her request, but did so because medical factors were involved. . . * * The Governor has recently announced largebudget cuts for the SUNY system. The Administration of the FLJ has been expending much time and energy in Hayes Hall, defending the Law School budget requests. * * * Library itudy carrels are now reserved only for law students. Thisis done by signs posted conspicuously on each door. The success of this program depends largely on the I honor system. Poetry Corner »' * . * . This year the library acquisition fund totaled $106,000. The request for the next fiscal year is $160,000. It.is unknown at this time whether or not the Governor's budget allows for this amount, but it is hopeful. Additional funds may be forthcoming from an alumni fund campaign. Further possibilities for funds are being currently investigated. (This anonymous poem is fast becoming a traditionat U, B. Law. Firstappearing on Eagle Street, it, too, made the transition to O'Brian Hail. As withall worthy traditions, its truth remains untarnished with the passage of time. It has been altered only in the naming of ** * relevantnames. Ed.) The New York Public Interest Research Group (NYPIRG) will hold an organizational meeting soon. Watch for timeand place. "Twas a month after finalswhenall through the school- \ * - There are thirty-seven correct answers. Send your attempts to THE BROOKLYN SIDE, c/o.Opinion, by February 15. I'll publish the name(s) of the winner(s) in the next issue of Students waited for grades while professors played pool. Miscellaneous grades were being hung on the wall While most.students muttered "Good God, is that all?" Jerry was down in his dungeon and then in the lounge Consoling those students who for grades'came to scrounge. Freshmen stare.d at each other, Juniors stared at the walls. While woebegone seniorsmoaned "will we'ere leave these halls?" The overall feeling was of dismay and gloom As if all were aware of some impending doom. Then from Jeanne's office there arose such a clatter Thatall the law students ran to see what was the matter. 'A grade! A grade!" Jeanne yelled with delight. "A grade! A grade!" Students echoed with delight. Jeanneran down the stairs with a thumbtack in hand While studentsran out to the grade board in a band. Observing thisband Jeanne slackenedher pace And a sincere look of sorrow came over her face. She took a deep breath and then said with a sign, "Only one grade came in from that tower in the air, A Bill Greiner seminar "Sewers at the N.Y. State Fair!" From the back of the crowd a lad fainted away. His first grade was in on this ill-fated day. The rest of the mob slowly returned to their chairs. While Jeanne beat a hasty retreat up the stairs. If this story be falselet the world call me fool. But I claim this is truth at the U.B. Law School. * Attention all students: The first issue of Volume 25 of the Buffalo Law Review is now on sale in the Bookstore. This issue includes articles by Profs. Allen ("Aggravated Harm"), Boyer ("Computerized Medical Records"), and Solomon ("Going Private"). Also in the issue is an article by Harry Rosenfield "Customary Use as 'Fair Use' in Copywrite Law" and comments on topics ranging from legal ethics to reform in utilities pricing. The student rate is $3.25 per issue or $9.00 for a year's subscription. " , this paper. * * Please note that Vi of the small lot (Flint) near the circle at the end of the Law Building is devoted to medical parking. Since only persons whohave medical permits are permitted to park there without penalty, as indicated by the signs, others are ticketed or, in extreme cases, towed away. Several notices to this effect have been circulated. Medical permits are obtained by getting a doctors statement and receiving a permit from the campus police. Neither end of the lot is available for parking since it interferes with access to the other parking slots. Both to save yourself the cost of a ticket and to reserve the medical slots for disabled persons, please avoid parking in thathalf of the lot marked for disabled students and faculty, even though there maybe an open slot in that area, at particular times. * * * Further news on the library: The state and regional editions of SHEPARDS' CITATIONS have been discontinued due to the severs budget cuts. The federaland New York subscriptions remain. There is the hope of resuming the others near the end of the semester. County Legislator Seeks Law School Help by R , " I Click Daniel J. Ward, a 1972 graduate of the Law"School, and recently elected member of the'Erie County Legislature, representing the district that includes the Amherst Campus, has requested that the school, in conjunction with the CountyLegislature, initiate a Law Student Research Program. Mr. Ward, in requesting Dean Schwartz to set up the program, stated thatwhile he was a student here, he had participated in several similar programs under the direction and guidance of Professor Milton Kaplan. Dean Schwartz, in response to Mr. Ward's request, has requested that both Professor Kaplan, and the Buffalo Legislation Project contact Mr. Ward to work out any project that might be possible. Professor Kaplan has agreed to work on the project, has contacted Mr. Ward, and is currently waiting for more details to enable the project to take shape. This semester, the Buffalo Legislation Project, will have two students working with Mr. Ward, and the committee he chairs, developing legislation in the area of the Economic Development of Erie County. Further information is available from the B.L.P. �February 5, 1976 OPINION 6 Sojourner's Truth Crime and Punishment by Women Law Students Association On December 2, 1975 Mr. DeWitt Lee Because of the long vacation break, we'd like to devote thiscolumn to a summary of BRIDGE lectured on the need to have of events,and activities planned for the near future. communities actively participate in the fight against crime, and to maintain active Women's Law Conferenceat Temple University relationship with their individuals The seventh national conference of Women and the Law is scheduled for March convicted of crimes after they have been 12-14, 1976 at Temple University, in Philadelphia, Pennsylvania. The conference will incarcerated. Mr. Lee was convicted of first consist of about 12 workshops, covering subjects like: welfare advocacy, credit, degree murder during the course of an motherhood, employment and the law, sex discrimination in colleges and universities, armed robbery 14/2 years ago and spent custody problems, rights of the olderly, etc. Eleanor Holmes Norton is delivering the most of his time of imprisonmentat Attica keynote speech, and workshops will be interspersed with social activities, and a mock trial before being released on a conditional of the JoAnn Little case. The participants in the conference will include lawyers, pardon by then Governor Nelson A. legislators, judges as well as a large representation of students from all over the country. Rockefeller in 1973. Mr. Lee has served as Anyone interested is welcome to attend the conference, and information on the past chairperson of the New York State transportation arrangements, and the agenda of the conference will be posted in the Jaycees criminal justice program. Women Law Assn. Office, Rm. 509. It is Mr. Lee's contention that the reason crime rates have skyrocketed is Trialjon Suit Feb. 9. Jail because there is an absence of community A suit was filed last year against the Erie County Holding Center for the inhumane condemnation against the criminal. When a conditions that detainees are subjected to. The suit alleges poor medical care, a lack of youth is arrested, he is not made to atone educational, recreational or training programs, overly restrictive rules on visiting, mail and for his transgressions to the neighbor who telephones etc. After efforts to negotiate a settlement failed, the trial was rescheduled for was wronged, but is immediately 'plucked February 9. People are still needed to interview detainees at the jail, and to help prepare out of his normal environment by the witnesses for the trial. For further information contact Stu Cohen (office: 824-7450; courts and deposited in a penal institution. home: 881-5208). To many first time offenders, especially those from non-white communities, there is a certain romantic air about being taken ERA away to do time. One fashions oneself as a working class hero who has defied the Despite the fact that the New York State ERA amendment was defeated, the issue' power structure. It is not until the offender opponents is not dead. ERA who waged an energetic and phenomenally successful has been through the plea bargaining campaign against the amendment have publicly announced their intention of having the process and the hum drum routine of state legislature rescind the NY State ratification of the federal ERA. The Equal Rights prison life that he realizes that the system Alliance, formed to promote the passage of the New York State Amendment is thus does not even notice his existence. With continuing its efforts and has urged all women to help. If the efforts of the Anti-ERA contacts broken off from the old groups are successful, it could signify the death of the federal amendment. The Equal community, and nothing to encourage self. Rights Alliance has planned a program of lobbying, fundraising and neighborhood respect within the new one, the inmate discussion groups. Call June Neely (941-5490) or Pat Yungbluth (834-3844) for more becomes socialized to becoming a better information. criminal. This is why It is so vital for a community to maintain contact with its Dance with Live All-Women's Band on March 5 members behind bars. As an example of As part of International Women's Day Festivities, there will be a dance for women this need Mr. Lee told a story of an old with-a liveall women's band at the Gay Community Services Center, 1350 Main Street, felony offender al Attica who was so Buffalo. The dance will be on March 5, at 9 p.m.-2 a.m., and a donation of $1.50 is established there thai other inmates would requested. never dare sit in his place in the yard. He died several weeks after his release not Legal Rights Class at Wende from ill health, but from the inability to One of the Buffalo Women's Prison Project programs will be a legalrights class on adjust to the outside. Thisis what BRIDGE Feb. 11 at Wende (Alden Correctional Facility) for the women incarcerated there. If is all about. It bridges the gap between the anyone is interested in helping to plan or teach the class, contact Mary Good, 836-239*.. offenderand the outside. Mr. Lee, who is himself black, hopes that he is able to reach young black inmates and convince them that getting out should be their prime goal. In performing this task it is odd that Mr. Lee's inspiration came from one of the greatest bank robbers of all time, WillieSutton. While incarcerated Mr. Lee was told by Sutton that the prime goal of every inmate should be to never end up on the inside again. It costs $12,000 per year to maintain a prisoner in New York State and $7,200 to keep him on probation. With a recidivism rate of approximately 80% the first incarceration experience shouldbe avoided where possible, and if necessary should not result fh lost contact with the outside. If community programs can be organized for the rehabilitation of the inmate they would be both more economical and more constructive. Mr. Lee will be back sometime in April to speak again. Canisius Award Citations and Ovations On Monday, January 26, 1975, the Koessler Athletic Center of Canisius College was filled with cheering, applauding crowds of people. It was not, however, your usual denim-dressed basketball fan, but tuxedoed, gowned, patrons of the arts, there to witness the Canisius College Alumni Association award the Peter Canisius Medal to the Buffalo Philharmonic. The Peter Canisius Medal, established by the Alumni Association in 1957, is awarded periodically to an outstanding individual or group of individualswho have made substantial contributions to the educational, spiritual, social, cultural, and intellectual advancement of mankind and whose career and achievements constitute a challenge and an inspiration to the youth of America. This was the first time that an entire group of had been thusly honored. Some of the many awards and accomplishments of the orchestra were enumerated as individual citations were given to each of the current and retired members of the group, citing their unique contributions to the overall musical effect. A single medal, symbolizing the single orchestra, was accepted by chairperson Marylouise Nanna and Director-Conductor Michael Tilson-Thomas. As a musical response, the orchestra chose a 20th century American piece, "An American in Paris," by George Gershwin. R. Skinner li. Mtintivr ' �February 5, 1976 OPINION 7 Carlisle on Jobs II It is impossible for a smaller firm and or local government agency to make such projections. They cannot make anoffer to a third year student until late in the spring or in Many of our students have already obtained the summer. Ultimately these employers will have to hire permanent positions with private firms, government associates and will do so. Many members of the class of agencies, the judiciary, law schools and corporations. A 1975 have onlyrecently obtained positions. number of second year students have summer internship Third year students who do not presently have positions and some first year students are interviewing for positions should not be unnecessarily concerned. Obviously they cannot afford to relax or not to persist in summer work. Many of our students do not presently have positions, the job junt; however, they do themselves and the law but are involved in interviews and other activities which school disservice by not accurately perceiving that current hiring practices necessitate offering of positions at a later will eventually lead to jobplacement. date. Misplaced anxiety and worry is not helpful and often 2. What kind of positions have third yearand second year results in one accepting the wrong position. I urge all third year students who are so concerned to see me for students found? Our third year students have obtained associate elaboration of this point. Again, second year positions really become available positions with small-medium sized and large law firms throughout New York State and in other areas. Persons in April and May when employers suddenly realize they need a summer clerk. Second year students should have positions with most of the large Buffalo firms, continue to send out resumes and to attend career Jaeckle, Fleischmann and Mugel, Phillips, Lytle, etc; with seminars. We will post announcements for second year New York City firms such as Craveth, Swaine and Moore, clerkships immediately upon receipt of the same. Dewey Ballantine, Trubin Sillcocks, Wachtell Lipton,etc; and with large firms in Rochester (Nixon Hargrave) and 5. What is the student Placement Committee doing? Syracuse {Bond, Schoeneck and King). In addition, I know of two students who recently obtained associate positions We presently have a thirteen person Placement with prestigious law firms in Baltimore and St. Petersburg, Committee. Subsequent to a series of initial meetings, we Florida. Third year students have also obtained positions with met prior to the Christmas holidays and established various subcommittees and delegated staff assignments. We have the federalgovernment. The Department pf Justice Honors subcommittees for judicial clerkships, career days, alumni, Program selected three of our students. Interestingly accumulation of employment lists, interviewing enough, I had an opportunity to visit with the person who procedures, Members of the committee appear to be etc. started the Honors Program. He said that obtaining three seriously committed to participating in institutionalizing positions was excellent. The NLRB selected one of our the placement process. The extent to which they are students, for an important position. Other government willing to vigorously contribute their time to our efforts agencies, such as the IRS, etc., are reviewing applications will in a large measure determine the success of our from our people and will make selections as soon as operation. all students to urge attend our meetings and to I funding is approved. *. Students have obtained clerkships with Federal Judge join the committee. Sign up list's are available in the Placement Office. John Curtin, with Appellate Court Judge Reid Moule and in the third and fourth departments in Rochester and Syracuse. Last week a New Jersey judge I know informed 6. What are our alumni and the faculty and staff of the me that he had offered.a,clerkship.position to one of our Law School doing to assist with the placement of Buffalo students we had sent to him. students? Other persons have obtained positions with law schools (Wayne State and hopefully Stanford). Some I spend a great deal of my time with our alumni. people will be enrolled in LL.M. programs. Alumni are concerned and committed to assisting us as Our second-year students have obtained positions with much as possible. I have recently met with an important large firms in Buffalo and New York City and with judge, prominent government lawyer a and several leading medium sized firms elsewhere in the state. Some people attorneys and each has expressed his willingness to do have government jobs (NLRB, IRS, etc.). It is essential whatever he can to assist us. I attend monthly meetings of that all students inform the Placement Office when they the Buffalo Alumni Association and each director therein locate a position so that we can note the same for has indicated a strong interest and willingness to aid our statistical purposes. Many people have neglected to do this. placement efforts. In November 1975, thirty Buffalo alumni attended a meeting in New York City. We met / 3. What kind of salary are the jobs you mentioned paying? again on January 30 at the State Bar Convention and formed a permanent New York Buffalo Alumni group. In To my knowledge, the large New York firms are addition, the Board of Directors has designated me as paying $22,500 per year. The Buffalo, Rochester and liaison for establishment of satellite alumni groups in Syracuse firms are paying between $16,000-$lB,OOO per Washington, D.C. and elsewhere in the country. year. Annual salaries from small and medium sized firms Of course there is a limit to what our alumni can do. vary from $9,000-$15,000 depending on geographical location, type of practice, etc. Salaries for government If they, cannot directly offer our students jobs, they can agencies, clerkships and law schools are established from provide job leads, suggestions and guidance to students. approximately $1,1,000 to $17,000. Public interest Alumni support, involvement and promotion of the Law agencies and firms and legal services pay on theaverage of School and its students is essential. The results of this activity can only be measured over a period of several $8,000-$! 1,000. Interestingly enough, money does not seem to be the prime factor in our students acceptance of years, but I am personally satisfied that we are making positions. Most people wanta job that will give them good substantial progress in this respect. The faculty are well aware of our placement needs. experience in a friendly atmosphere where they can develop good legal habits and devote their time to the kind Dean Schwartz and Professor Fleming have been particularly helpful. Recently Professor Lybecker was of law that is compatible with their personaMnterestsand instrumental in bringing an SEC lawyer to the school to philosophy.. Second year students are earning anywhere from interview, and Herman Schwartz did the same with Legal Aid in New York City. Professor Schlegel has spoken at $100.00 per week to $400 per week. Part-time positions in the Buffalo area pay approximately $3.00-$5.00, legal services seminars as has Jason Karp. Professor Mann has been of assistance with respect to judicial clerkships. per hour depending upon one's background and skills. Professors Rosenberg, Newhouse and Reis have also been 4. Many students state that they have not found: of assistance. Professor Laufer arranged for interviews with employment. Why is this so and should this cause them the FTC in Cleveland. The faculty has been very helpful and it is my expectation that they will continue to find the concern? time to encourage their contacts to visit the Law School Traditionally most Buffalo Law graduates have not and/or to interview Buffalo students. In addition, we are exploring with some faculty opportunities to speak on obtained positions until after graduation. Large firms, federal agencies and the judiciary are able to project their their subject of expertise before bar association meetings, hiring needs so as to have already made offers. The continuing education seminars, etc. Faculty involvement in majority of attorneys do not practice with large firms, etc. placement is a key to our success. 1. What is the current status of the job market forBuffalo students? / „ 7. Does the Placement Office assist alumni in obtaining positions? Yes! Much of our recent effort has been on behalf of 1975 graduates. M ny lawyers, particularly in the Buffalo area, call in jobopportunities for 1975 graduates who have passed the bar. Our facilities are available forany alumni. Within the past two months, we have assisted graduates for the classes of 1969, 1971 and 1974 with job relocations. I urge alumni to call upon us for this typeof assistance. 8. Will we have career days this spring? Career days traditionally bring attorneys to the Law School to speak about their particular area of law. Students attend the seminarsand ask questions. Later, at a sherry hour or other informal gathering, students and attorneys mix. The objectives of a career day are to (1) provide the student with practical information, ideas, etc.; (2) acquaint the practicing attorney with the Law School and (3) to bring students and attorneys together. I cannot emphasize the importance of the latter objective. The Placement Committee has planned a series of career days for March and April. The success of this venture will depend directly on the willingness of our students to assist me in conducting the programs. Without maximum student participation we will be unable to have more than two or three career days. Anyone desiring to assist should contact the Placement Office. With full support we may have as many as 15-20 career seminars. This will definitely facilitate our placement efforts. 9. What is the status of judicial clerkship opportunities for the fall of 1977? You are aware that most state and federal judges will commence selection of their clerks during the spring of 1976. The faculty has supported a Clerkship Committee composed of Professors Swartz, Albert, Lybecker and myself. Hopefully the committee will be able to facilitate placement of our students in clerkship positions. Within the past two weeks, I have sent personal letters to a large number of federal judges and to state judges on the highest level. In this manner we will know which judge has a clerkship opening and what he requires of applicants for the position. Thereafter, with the assistance and support of the Clerkship Committee, our students will be able to apply for such positions on a national basis. Having the opportunity to clerk for a judge is perhaps one of the best experiences a young lawyer can have. It also increases one's permanent job alternatives and gives the Law School" increased coverage and improves our reputation. If our students and faculty support the committee, I am sure that our success in placement of students with the judiciary will increase accordingly. 10. Will we have campus interviews this spring? We have already had the SEC, Department of the Army, Reginald Heber Smith and legal services at the Law School to conduct interviews. We will encourage more such interviews, but I suspect that many employers will continue their practice of inviting students in for interviews. If we are able to demonstrate to the employers that their needs can be more adequately fulfilled by interviewing at the Law School, I am confident that we can schedule the same here. Unfortunately, many small employers do not have the time to spend a full day at the Law School. We shall definitely aim for a dramaticincrease in our campus interviews for the fall of 1977. . 11 Have students been obtainingpositions out of state? In addition to those students obtaining positions in Washington, D.C. and New York City, I know of persons who are interviewing and/or have obtained positions in Maryland, Florida, Texas, Arizona, California, Washington State, New Jersey, Pennsylvania, North Carolina and Ohio. Recently one student was offered a position with a large firm in St. Petersburg, Florida and another received an excellent offer from a Newark, New Jersey employer. We sent some of our students to the west coast over Christmas break to interview with firms, judges and local governments. I haven't tabulated what the results are. We will continue to stress the national reputation of this Law School and encouragehiring on a national basis. Coontipunedagn) • • Buffalo, N.Y.C., D.C. Opportunities m /"*\ a •■ 1~» PP 1 X T TT -r-fc y""l .continued on page ten) �February 5, 1976 /OPINION 8 Introducing Virginia Leary Ms.Leary comes from a family of lawyers,including two brothers.a brother-in-law,and her father who served as Dean of the law school at the University of Utah in Salt Lake City where she was raised. She attended the University of Utah for her undergraduate studies in the field of political science. After that, she moved to Chicago where she attended the University of Chicago Law School and later was employed by a large Chicago law firm. Pursuing her interests in International Law, Ms. Leary then went to work for a private organization doing administrative work on exchange programs. This work took her to Geneva, Switzerland, where the organization had its headquarters, and she eventually became the International Vice President of the group. While living in Europe, Ms. Leary was a student at the Hague Academy of International Law where she earned her diploma. She then began a program to earn her Doctoral degree in International Law in the Graduate Institute of International Studies which is associated with the University of Geneva. She currently is working on her thesis for that degree the topic of which is the legal problems of automatic incorporation of treaties into the national law of a country. The program, taught by international law scholars from around the world, requires the study of diplomatic history and internationaleconomics as well as the topic which the candidate chooses. Most recently, Ms. Leary has been working for the International Labor Office, a special agency of the United Nations, in the supervision of the application of international labor conventions (agreements). While here, Ms. Leary will be teaching the basic course in international law. Her other concentrations are in the fields of international commercial transactions, international labor law, and international protection of human rights. Her outside interests include travel (obviously), cross-country skiing, and especially tennis. ft. Skinner Alumni Line Client Counseling Competition The Law School is once again planning In-House Client Counseling Competition. This competition is open to all law students, and involves skills in interviewing, counseling, and legal writing. The intra-school competition will be held at the Law School during the week of February 23, 1976. The results of this competition will determine who will represent UB in the nationwide ABA Client Counseling Competition, sponsored by the Law Student Division of the American Bar Association. Cash prizes of $250, $150, and $100 will be awarded to the winners of the local competition, and travel expenses will be provided to the regional contests in Toledo, Ohio. The regional contests will begin on March 6; winners of the regional contests will receive an award of $100, and go on to the National Client Counseling Competition (March 27, 1976). an The Competition tries to simulate a real law firm consultation as closely as possible. Participating students will interview a "client" who has, he has, a legal problem. The theme of the Competition this year is "Contract Litigation and its Alternatives." A typical client problem is selected and a person acting the role of the client is briefed on his or her part. Prior to the day of the actual Competition, students receive a very brief memo Submitted by: Robert Schaus, Secretary of Law Alumni Assoc. concerning the problem. This data is equivalent to what a secretary might be The annual Christmas Meeting of the Law Alumni Association was held on December 19, 1975 at 12:15 P.M. at the Statler Hilton Hotel, Buffalo, New York. President Harold J. Brand, Jr. presided. appointment. The students are asked to prepare a preliminary memorandum based on the problem as it is understood. In the actual Competition, each student will be given approximately forty-five Jay C. Carlisle, 11, Placement Director, is cooperating with the Alumni Association a satellite branch of the Alumni in the New York City area. This will not only strengthen the Alumni Association, but will serve as a vehicle for placement of graduates in the New York City area. told when a client calls to make an minutes to conduct an interview with the client. Students should be prepared to obtain necessary information, answer questions, give legal advice, and recommend alternative courses to the client. The student will then be given 15-20 minutes in which to prepare a post-interview memorandum. The initial interview and final memorandum, memorandum will all be scored and used to determine the winners. Local judges and private practitioners will observe the interviews and score the performance of the students. Although the ABA regional competition will involve a two-person team of lawyers, the In-House Competition will be run on the individual basis; winners will make up the "team" for ABA purposes. Additional information for anyone interested can be obtained from Jason Karp (Room 507) or Norman Rosenberg (Room 520). All students interested in participating should sign up on the sheet posted outside Room 619. Playing the Odds by Steve Err an it* Much of your happiness these last ten days, especially if you are a first year student, is a reflection of your dexterity as a bettor. If you picked Dallas in the Super Bowl (they beat the point spread) you acquired some of the needed cash to pay the expected hike in tuition. Or in other words, you covered your probable loss on the 3-1 bet that going to SUNY would be cheap. To cover the complete raise in tuition, I suggest investing your* money in New York State educationby placing a few bets with OTB. If you were feeling confidentafter picking underdog Dallas and decided to stay with ~ underdogs and picked Evidence with Prof. Siemer (8-1) and/or Civil Procedure II also with Prof. Siemer (5-1), you were a loser this time. Both were cancelled and your alternate choices were not picked up by the computer. This on top of your losing bet on Research and Writing (10-1), which will have to be replaced by another elective. Well, maybe we can have a refiind on that after all, it is still worth two internal credits! By the time all this was brought to your attention, the rest of the worthwhile ■ay electives were closing fast. So what do you, a bright and conscientious law student do to combat this situation? Why youre-register. But by not knowing what courses you will be lucky enough to get in to, you are forced to attend your primary and alternate choices. Attending six different classes the first week of the semester is fun. Besides, it will increase your disappointment when you find out you got the classes you liked least. registered, the If'after this, you were still having trouble administration put an end to your losing streak on January 23, 1976 at 12:30. In a You comical meeting thatsmacked of the 60's student protests, a ballot was handled out. losers were to have your destiny taken out of your hands. You could not lose anymore you just had to settle for your eighth choice. - '" - , to set up The Alumni Association recently made a contribution of $875.00 to the Moot Court Program, to help underwrite the Desmond Award Dinner. Robert P. Fine, the Vice President of the Association, served as one of the judges in the Moot Court competition. The Annual Luncheon of the Law Alumni Association will be held at New York City in conjunction with the annual meeting of the New York State Bar Association. The luncheon will be at the New York Hilton on Friday, January 31, 1976 at 12:30 P.M. Director Anthony J. Renaldo is Chairman of the Luncheon. Mr. Renaldo can be contacted at 853-1865 for reservations. All Alumni in theNew York City area are invited to attend. The speaker this year will be announced shortly. The Alumni Association is working with Fred Tamalonis, Director of Development of the U.B. Foundation, Inc., to assist in the planning and coordinationof class reunions. Most law classes have a reunion on the major anniversary dates, and in any given year as many as 7 classes may be holding reunions. Plansare being developed to coordinate these reunions so as to more actively involve the Alumni Association as well as the School. . Christopher S. Dix, a 1973 graduate from the SUNY at Buffalo Faculty of Law and Jurisprudence has recently been appointed to the position of Administrative Assistant for Supreme Court Johnson Higgins of Hawaii. A former Confidential Clerk for State Justices James O. Moore and Thomas F. McGowan, he currently is residing at 1717 Ala Wai Terrace, Honolulu. �February 5, 1976 OPINION 9 PADMINSTRVE ERSPECTIVES These questions are devised in the absence of others from the student body. They seem pertinent. Q. Whathas happened to the library space problem? Ans. The library, a popular area for study due to its location and attractiveness, surprisingly became less used during the pre-exam period based on a lumslile count. The new calendar may have affected the count or it may be that students foundalternative places for study by themselves. Nevertheless the problem disappeared during the past semester and will be carefully watched this semester. Signs are now posted in the law library indicating that the study carrels on the third floor are intended to be used by law students. Since the Law School administration lakes an open position on its operations, responses to answers in this column are invited. Responses and questions can be given to the editor of the Opinion or to Allan L. Canficld in room 316. The Law School administrators and areas of responsibility are: Provost, R.D. Schwartz Associate Provost, R.B. Fleming Registrar, CH. Wallin Placement Director, J.C. Carlisle Assistant to the Provost, A. L. Canfield Admissions Officer, Part-time, Ms. Hollander Assistant to the Dean, Ms. Federman TutrhnoeSf crew Q. How will the recent budgetary cutbacks affect the operation of the law school? Ans. In specific and particular ways, the answer to the question is unknown. If the budget cuts were equivalently and universally applied throughout the University, the Law School would lose its predictable share. However, several factors enter into budget-cut decreases such as the filling of the most feltneeds University-wide, faculty-student ratios, staff turnovers and so on. At the moment, the primary effect has been the budget freeze, which essentially means that replacements for empty positions cannot be made. Stale positions when vacated cannot be filled unless the circumstances are unusually compelling. Thus far we are fortunate to have lost only one secretary and no faculty or staff members. Q. What is the story on the loss offunds for the library? Ans. It is true that the library acquisition funds were curtailed more than a year ago Albany level. The funds have diminished by several thousand dollars over a 3 year the at period. In consequence it has been necessary for the administration to cancel many subscriptions. The Hayes Hall administration has attempted to restore the funds to the previous level and there are some encouraging signs. In the meantime, to provide short-term relief from this year's short-fall of funds, the law school administration, with the U.B. Foundation, has started a fund-raising campaign, the proceeds from which will be used toward the re-purchase of these periodicals. The results of this campaign will not be known until late May, although several donations have been received. A fine library is extraordinarily necessary to Q. Will there be another SBA Administration forum? Ans. The Law School administration wants to have as much exchange of information with the student body as possible. If the SBA is agreed, a forum can be held in March. CHOMSKY, i continued from page one The most intriguing point Chomsky The other side of these issues is American involvement. At present Israel, raised dealt with the reaction of the American liberal establishment to all of with its economic strength sapped by its this. In fielding the question of what he military commitments, increasingly relies upon the United States for economic thought of the hysteria in the American support. Most striking is the fact that the Jewish Community over the United Nations resolution equating Zionism with present U.S. aid bill accounts for 25% of the Israeli budget deficit. Clearly any nation which is so dependent on outside aid gives up much of its sovereignty. Israel's predicament is in large part the result of Arab economic pressures which have isolated Israel both economically and culturally from Western Europe. As long as the Israelis and Arabs remain in a state of military confrontation this situation will continue. The reaction of the American industrial community to this is favorable. The Arab oil boycott has put definitecogs, racism, Chomskyreplied that there are two in the Western European and Japanese points to keep in mind. The first is that industrial systems, our prime competitors many of the nations that voted for the for the world's industrialized consumers. resolution are themselves racist. The two The demand of socially repressive Arab oil examples he used were Indonesia where the government systematically eliminated the states for arms (not so much for use against Israel, but against nationalist forces in their ethnic Chinese population of the islands, and Syria where non-Moslems are treated as secondclass citizens. The second point is that the concern of the American Jewish Community for Israel's survival is quite sincere, while the established liberal community regards this event as a cathartic experience. This can best be witnessed by Ambassador Moynihan's condemnation of the resolution. Chomsky described Moynihan as a minor functionary in four Administrations, several of which practiced own homelands), allows American industry the worst kind of genocide imaginable in to recycle petrodollars to obtain a Southeast Asia. "It would be the favorable balance of trade. Since, the Arab equivalent of World JVar! I having ended in consumer markets are virgin territory while a stalemate, and Eichman condemning Israel's is already developed, the Arab other countries for being racist." The nations present a potentially greater liberal establishment's condemnation of industry. the resolution shifts public attention away market for Consequently, Israel's survival is of no from their being taken to task in the importance to the American industrial aftermath of American involvement in Vietnam. community. by Chris Carty This column will be devoted to short explanations of upcoming, or recently past financial aid deadlines for various applications needed to receive aid for 1976-77. It also will encompass the requirements for receipt of aid for this semester. Parents Confidential Statement (PCS)jStudent FinancialStatement (SFS) Due February 1 This is the first of two forms (the other is Form UB discussed below) required to be filed with the Financial Aid Office on Main Campus in order to be considered for National Direct Student Lqans and or Work Study for Summer and Fall, 1976 and Spring, 1977. It provided detailed financial information from which a student's "need" is derived by a standardized formula developed at the College Scholarship Service (CSS). Although it suggests that one use the income tax form as a basis for figures given, if those figures aren't available, common sense suggests that the student estimate. Since "need" is derived by .i standardized formula, small deviations from the "actual income" or expenses will not affect your need determination. In no event, should failure to receive the "Employer's Statement of Income for 1975" (necessary to fill out the Income Tax) deter one from filing the PCS/SFS. These forms were due February 1. The effect of lateness is substantial. Late applications are ignored until all timely applications have been reviewed. Generally, the University is able to consider late applications received through May, but there is absolutely no guarantee of consideration at all, unless the forms are filed within the deadlines. Forms are available both in my office (Room 303), from the Registrar and at the Financial Aid Office on Main Campus. Form UB Due March 7. It is filed directly with the University and This is the complement to PCS/SFS. details simple administrative data. Late filing here of this form is easily detectable since the school gets the forms directly. Both of the above are necessary for consideration for NDSL or Work Study. Failure to file one or the other will constitute an incomplete application, resulting in not being consideredat all for any financial aid. TuitionAssistance Program (TAP) Applications Due May 31, 1976 for 1975-76 Academic Year. (Forms for 1976-77 are not yet May 31, 1977 for 1976-77 Academic Year. available) These are the filings required tor consideration tor what is commonly known as scholar incentive. The form requires detailed financial information ,much like the PCS/SFS. If a student qualifies for maximum scholar incentive (less than $2000 net income), the University will give the student a State University Scholarship (SUS), resulting in what is casually known as a tuition waiver. Since this is the only "free" (i.e. no repayment, no interest, and no work required) money available, every student should file an application. If a student thinks he/she might qualify for a SUS for this year, file a TAP form now. One may file for any semester (Summer, Fall, Spring) of the 1975-76 academic year until May 31, 1976. If a student already has paid his/her bill, the school will credit the account or refund the money if he/she is entitled to the SUS. Applications for the 1976-77 year will be available around June 1 and will be mailed directly to your permanent address. Applications for this year, are available from the Regent's Scholarship and Examination Center, 99 Washington Avenue, Albany, N.Y. New York Higher Education Assistance Corporation (NYHEAC); American Bar Association (A BA); other federally assistedbank loans. These applications for loans may be filed at any time duringor preceding a semester of academic year. Students are eligible for a maximum of $2500 per year. Students are eligible for a maximum of $2500 per year ($lO,OOO total) in loans at 8% deferred interest. In June, the interest will rise to 8/2%; Usually, the federal government will guarantee the interest charges while one is in school. In some cases where net income "" exceeds $20,000, the student will be asked to pay interest while in school. Applications are available in Room 303. Most NDSL checks for this semester have arrived (Office of Student Accounts, Main Campus, Hayes A). Students whose registration cards show only 9 credits will not , be able to pick up their checks without verification that they are full time students. Such forms are available in Room 303. In no event should a student discard the 9-credit registration card. Any student who has received a work study grant since last semester, but who is not yet employed, please see me as soon as possible. �February 5,1976 OPINION 10 than we can expect to receive from nuclear power. Right now, some forms of solar and wind energy can be used there is no need to wait 30 years. Through efficient use of energy, energy conservation and increased use of solar energy, windenergy, bioconversion of organic waste (into methane) and other safe, essentially non-polluting and decentralized energy forms, we can totally eliminate the supposed need for nuclear power. 24) For years, the federal goverment has poured billions of dollars into the nuclear power industry. Despite this, — NYPIRG, continued from page four 15) Furthermore, one reason the price ot uranium is rising so rapidly is that the supply is easy to mine, rich deposits are dwindling and the industry must turn to poorer, less accessible ore deposits. There is a distinct possibility that, if we continue with plans to build hundreds of nuclear plants, we will be dependent on foreign sources of uranium. This hardly fits in with Project Independence. 16) As stated above, nuclear power plants are vulnerable to staggeringly dangerous forms of sabotage. They could be attacked and destroyed by terrorists, causing a meltdown of the fuel core, causing in turn great numbers of injuries and deaths. They could be attacked and held hostage by terrorist groups. Who is going to refuse their "Although nuclear energy of the type employed in non-breeder reactors is a widely acclaimed way of mitigating the nations energy problems, MORE ENERGY HAS GONE INTO THE DEVELOPMENT OF NUCLEAR POWER PLANTS THAN HAS BEEN RETURNED IN THE FORM OF USEFUL ENERGY." Ford Foundation EnergyPolicy Project demands? Who doubts that terrorists would take these steps, in view of recent world history? 17) Nuclear bombs can be constructed using knowledge that is available to the public, providing the "special nuclear material" (plutonium or enriched uranium) is available. Unfortunately, terrorists or other interested parties could steal such materials during transportation, storage or reprocessing. Again, who would refuse a demand made by a party who could destroy a city and contaminatemany square miles? 18) As previously mentioned, workers in the industry uranium miners, reactor "~ workers, people in reprocessing and fuel rod assembly plants will be exposed to varying amounts of radiation. Many will contract cancer and die, having been robbed of years of life through this occupational exposure. 19) Nuclear plants are required to have evacuation plans in case of a major reactor accident. They probably do have them, gathering dust somewhere. Usually, very few local officials know of the plans, let alone what they are supposed to do. Very few, if anyof the plans have been tested. The companies say: we've had no accidents and the chanceof —- — one is so small but what if thereis one? 20) What if there is one after there are hundreds of plants across the country? A major accident could cause panic near the other plants. Who would believe government and industry then? Public pressure would build to shut down the other plants. Another energycrisis, again of our own making, would develop. 21) Nuclear power development on a world wide scale is inextricably tied to the spread of nuclear weapons. Everyone seems to be against the proliferation of these weapons but we seem to be unwilling to take steps to stop it. On the contrary, we promise reactors to Egypt and Israel. If the U.S. stopped nuclear power development, it would be a powerful precedent for world action and a substantial step toward limiting the spread of nuclear weapons. 22) Nuclear power results in an accretion of radioactive material in the environment carcinogenic, mutagenic material. It is now widely distributed in nature. The more we use nuclear power, the more it will be extracted and concentrated. Once it is so Someday, ion, this willalt be yours. And your ion's. And your son's son's. processed, it must be treated with extreme caution and isolated from the environment. And your ion's son's son's. Andhis son's. And his son's son's There is .no reversal of the process. We should be questioning the wisdom of deliberately gathering together dangerous material, especially when there are alternatives, .and reprinted, Sacramento Bee especially when it is an interim solution. The entire system will depend on nearly perfect t AH the damages, obstacles, alternatives; money down the drain and we haven't control of these toxic substances. If there is one thing we can probably all agree on, that, is that we are not nearly perfect. Plutonium is one of the most toxic substances known.- even received any energy. It is time to stop this madness. This year the New York State legislature wilh again consfder the Safety Energy Act. Some of the provisions will yet we are designing an energy system involving the use, handling and trans effectively stop nuclear power development in N.Y. State. If you favor this legislation, increasing amounts of plutonium. 23) Many nuclear proponents say that we must have nuclear fission energy to contact your representatives in the legislature. NYPIRG will again be lobbying for this supply our energy needs for the next 30 years, until solar or wind or fusion power can -legislation. NYPIRG is a non-profit, non-partisan research and advocacy organization funded play a major role in supplying our energy needs. In effect, these people are saying that we should saddle all future generations with tons of toxic waste, take the risks of reactor and directed by students al colleges and universities throughout N.Y. State. accidents, transportation accidents, sabotage, increased cancer among workers and the genera! population, just so we here and now can have enough power for our electric toothbrushes, microwave ovens, and air conditioners. Right now we waste more energy Gerry Schultzis a 1975 graduate of SUNYABLaw School, now working for NYPIRG. - - . — — - CARLISLE, continued from page seven Attttttimt! 12. To what extent is it necessary for our Placement Director to fulfill his responsibilities outside the Law School? It is my understanding that originally one conceived of the Placement Office as having dual inside and outside directors. Obviously it is necessary for me to spend time with students, to supervise administrative tasks, etc., but it is essential that we not ignore outside functions. I attend bar association meetings, conventions, professional group meetings, etc., and meet as often as possible with alumni, practicing lawyers, judges and employers. Such contact is essential for the successful operation of this office. 13. Some students complain that it is difficult to see you. Is thatso? 300 personal interviews of one to an hour in length. I am always available tosee someone whether it be during or after working hours. I try to schedule interviews and to keep time open for short sessions. I find that many students have identical questions, concerns, etc.; therefore, to conserve time and to adequately perform other responsibilities, I shall --schedule seminars for small numbers of students. This procedure should enable us to continue close personal contact with our students and it will limit unnecessary repetitive responses on my part. Lest there be any concern I am strongly committed to being as available as possible to meet with students on an individual basis. I have conducted over half hour — All .Mtttata, Jfantltn;, £*aff anil Alumni The April Ist issue of Opinion will contain a special four-page April Fool's Day Supplement. Everyone is invited to submit material of a suitable nature to Opinion, John Lord O'Brian Hall, SUNY Buffalo, Amherst, N.Y. 14260. This includes letters, articles, news, pictures. Unless requested otherwise, selected entries will carry the submitters by-line. Deadline for entries for supplement March 17. Opinion reserves the right to edit all submitted material' for length and content. - Please note: deadline for regular material for the April Ist issue is March 24th. 14. Do you anticipate that most of our third yearstudents will ultimately obtain positions? Yes! - "HE m_=_K=_=__==3iK===__==_»■_ .. . �Februarys, 1976 In - 0- MM©.) iio> smoe -:-:■' - JQ 'tor. ik> jH opinion meeting thursdoy, februafy 111976, 100 pm, room 623 11 A "■_'-- ' />L *Ln/#A H I _P- �OPINION 12 I.' February 5, 1976 •' The Heck with Meek by Lawrence M. Meckler After suffering through every football bowl game, culminating in that thrilling victory of the Southwest over the Northeast in the Choose-Up Bowl, it's even good to be back here foranother semester. It doesn't even bother me that in N.Y. Practice we must rise every time Prof. Homburger opens the CPLR {not to be confused with the C.P.L.R.). SPORTS Football needs a change. One area of much commotionhas been the quality of refereeing. Thisis an area that desperately needs reform. One suggestion has been the use of instant replays to overrule referee's calls. However, instant replays are like Me detector tests, too prejudicial and not scientifically sound. They should be inadmissable. I also don't trust CBS (notC.B.S.). The solution to the refereeing problem is the introduction of the legal adversary process to the football field. When a referee makes a call, a full fledged trial should be held to determinewhether the guilty party is guilty. , Imagine that a defensive lineman jumps off side. A referee throws his flag and we'd have the case of People vs. "Mean" Joe Greene. As soon as the flag is dropped, Mean joe's lawyer runs onto the field to plead the case. There are different colored flags for each infraction as to give proper notice to the defendant. The jury is made up of 12 impartial (but not necessarily sober) fans. The judge can be a former football coach such as George Halas or Lou Saban. Mean joe Greene is a star and can afford a lawyer, but players such as George Hoey would have to look to Legal Aid or the Scrub Defense Fund. . The Rozelle rules of evidence will apply to these trials. Previous, unrelated offenses may not be introduced. Therefore, Mean Joe's prior holding penalties and roughing the passer convictions couldn't be used to impeach his character, in this, an offside case. Some penalties will have their own special rules. Corroboration will be needed to uphold clipping prosecutions. A wife won't be able to testify against her husband with respect to illegal use of the hands and piling on penalties. Reckless endangerment will be allowed on the football field, but of course the felony-holding rule will still be in effect. Even if Mean Joe admits to being offside, he still, in the alternative, has some defenses. He can claim renunciation in that he jumped back. He may argue that this was a victimless crime as the offside had no effect on the play. Mean Joe' may also make a constitutional argument claiming the referee made an illegal observation. When a game is out ofreach you may get a lawyer such as William cause, such as bringing Kunstler coming on the field to argue back the crackback block. Some may say that full trials after each call may cause substantial delays in the game, but au contraire. Officials will be more reluctant to make calls anticipating future libel and defamation suits if they are proven-wrong. Also in many cases.where the weight of the evidence is so against a player, plea bargaining (for example, from 10 down to 5 yards) will also speed up the game. There are problems that may occur with bringing the legal'process to the football field. Some over zealous fans may get carried away and start making Citizen's .Arrests. Other players may testify against teammates in order to get immunity from prosecution for penalties they committed. The process of appealing would get out of hand. Imagine the Supreme Court having to decide whether or not face-masking should be an automatic first down. Would Justice White have to excuse himself from the case? The Bowl games will have to be renamed. The Pro Bowl will become the Pro Se Bowl. NBC's New Year's Day blockbuster bowl doubleheader will now be the Directed Verdict Bowl followedby the Recruitment Violation Bowl. With gambling's increased influence on sports we may some year cap off the football season with the Point Shaving Bowl. Other sports may also try bringing in the adversary process into officiating. However, with respect to hockey, I feel the way the legal process can best serve us all is that an injunction be granted against any further showing or even playing of the sport on prime time or even crummy time TV. I don't like hockey. The Magic Act By Myles Elber One of the stranger aspects of writing a column for Opinion is the great time gaps between papers. My last report on Benny's activities Opinon - The league has had some organizational problems. Game times have been changed with little notice, causing.the.teams with.the late game annoying delays. We understand the difficulties in getting times and referees for the games but do think a more equitable system for assigning the late game should have been worked out. The worst result of this re-scheduling was that one team failed to show up for its game. Hopefully, this forfeit was not pre-meditated. Some long-range predictions Montreal and Philadelphis for the Stanley Cup, Golden State and Boston for the NBA Championship, and since I don't know the regional pairings, look for Indiana, Marquette and the ACC representatives to battle for the NCAA Championship. For long shot players check out Washington (not D.C). took him half-way through the football season. Now the season is over and Benny is,relaxing in Florida blowing some dollars on the dogs. Benny got himself involved in some strange games during the second,half of the season and in the post season activity. Some of the games he lost were heartbreakers. He bet Dallas over. New England giving four points. Dallas was ahead by seventeen points with six minutes left. New England proceeded to score two TD's to cover by a point. Benny's biggest financial loss was in the Astro-Bluebonnet Bowl when he bet Colorado over Texas in a pick-em game. Benny loved Colorado. They had a front line that averaged 6-5 and 260 receivers who were tali and tough and a diversified offense. Benny had some doubts ab out their defense,but he knew Texas couldn't possibly stop the Colorado offense. Benny also liked the fact that Marty Adkins, the Texas QB, was coming off an injury. After a score on the.opening kickoff, Benny had a delightful first half. The first Colorado drive went 80 yeards in 20 plays for a TD. This was followedby another TD. An interception stopped a third and Texas scored. Then Colorado completed a two minute drill before the half that any pro team would have appreciated. 21-7 Colorado at half time, no sweat. But then, during dinnner, disaster descended.Fumbles, North Street area. Will interceptions, and a blocked punt. The old hook'em horns looked like RIDE WANTED from Elmwood USC against Notre Dame in the second half and Benny kissed the pay. Please call Brenda, 884-5445, or leave a message at the bucks good-bye. Circulation Desk in the Library. i Benny's sweetest victory was Oakland over Pittsburg. Pittsburg was a6. point favoriteand was winning 16-7 with time slipping away. BIG. OOT Love & kisses for Valentine's Day and/or as long Oakland was driving but scoring a TD looked like a near impossible as it's good. Affectionately, Mad. Ass. task. But lo and behold, old George cam trotting on the field to boot his first field goal over forty yards this year. 16-10. Madden is a genius. Take the field goal, recover the onside kick and throw the TD pass. TO TODD ANDREW Happy Second!! Nearly worked. (Save this until you're old enough to appreciate it!) The only other playoff bet Barmy made was Dallas over the Rams. It was like stealing. Benny stayed away from the Super Bowl because TO R.D.N. B.S. M.A. Ph.D. P.E. Happy Birthday!!!!!!!!!! he liked Pittsburg but the spread was too high to bet them. It was a wise decision. On the college scene, Benny didnU recover from the Colorado debacle and watched passively, rooting against Ohio State and for Oklahoma. He enjoyed both games to say the least. Now on to ranked. basketball and best wishes for Rutgers to stay nationally The intramural league continues with Reds Boys and On the a Very Happy Rocks proving to be the dominant teams. In a thrilling game between AND TO THE EDITOR Best"wishes for the two Reds Boys squeezed out a one point triumph and are safely in Birthday from the Staff at University Press. first place. Reds Boys should complete the season undefeated and repeat as champs of the league. - classifieds - - - - - - —> � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-02-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/5/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f2122c7b6bc785f372f0e91dd1869542.pdf 322d38488fa2488a29e5b7189d3b13a1 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law Volume 16, Number 6 SBA Resolution Endorses Schwartz Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 February 26, 1976 ABA Symposium Can the Criminal Juslice System and U.S. Senate judiciary Committee's the Bill of Rights peacefully coexist? This Subcommittee on Criminal Law and is the question which will be considered al Procedure. hcsi qualified for the position ol'Chairman ,i Criminal Law Symposium lo be held WHEREAS Herman Schwartzhas held In the afternoon the lopic-wili be the the posilion of Professor of Law al our of the New York Stale Commission ol Saturday, February 28, 1976 al St. John's .Mandatory Senlences mandated by New / Universily Law School. Senale Bill No. I York Stile's Drug Laws. Moderator of the school lor twelve years, and we, as Corrections; and the New York Stale Drug Law, discussion will be Commissioner Frank J. students, have had an opportunity lo capabilities subjects Rogers, former NYS Special Narcotics much ihc be very in news, will closely observe his as a BE IT RESOLVED that the Sludenl debated by experts in these fields. Prosecutor who is now Commissioner of pro fessor, \ lawyer, scholar and New Bar Association, Stale University ol the NYS Division of Criminal Justice administrator; and York at-Buffalo, Faculty of Liiiv and The Symposium will commence vvilh a Services. Also on the panel will be Clifford Jurisprudence,-;sliongly recommends the keynote- .speech by Congic.swoman Fishman who is Executive Assistant from WHEREAS Professor.. Schwartz's con.irm.tliu.. Of Herman Schwartz _s Elizabeth Hollzman. Afterwards, the the Office of the Special Narcotics intelligence, dedication and high ethical standards have made him a source ot Chajtman ol the Comniissioh irf morning session will be devoted to a panel Prosecutor, Supreme Court Justice Corrections. discussion ol the conlroversial Senate Bill Leonard H, -Sandler who was recently inspiration to law sjudenis; and No.-I, which is a proposed codification of appointed to hear the cases brought by sail lo R. Marino of (This resolution was his extensive WHEREAS we believe Federal Criminal Law. Many conicnd lhal Special Prosecutor Maurice Nadiafi, Mcl A. the Crime and Coriviiions Cummilhr. pails ol the bill" conflict with the Bill ot Sachs, former trial attorney with the Legal research, publication, and litigation in the Righls. Chairing the panel will be Prof. Aid Society and former member of the area of corrections makes him the person N. V; Senate.) Livingston Hall who was a former professor National Institute of Trial Advocacy and at Harvard Law School and is Chairman of the National College of Criminal Defense ihc ABA CommittOC on Reform of Federal Lawyers and Public Defenders, and Joseph Criminal Laws. Also on ihc panel will be Preiss, Commanding Officer of the Prof. Burton Agala of Hofstra Law School Narcotics Division of the New York City who was member of the Brown Police Department. The Symposium is jointly sponsored Commission, Ron Gainor who is Director of ihc Office of Policy and Planning for the by the Law Student Division of the ABA and the Criminal Law Institute of St. Department of Justice, Steve Hyman, a member of the Board of the New York John's University, School of Law. St. Civil Liberties Union and presently, with John's University is located at Grand ihc firm of Kunstlcr, Kunsller and Hyman, Central and Utopia Parkways in Jamaica, responsibility for the The attorneys who choose lo v-oik with lav. and Paul C. SUmmitt, Chief Counsel to the Queens. interviewing techniques, showing ihem eliciting testimony, process of ihc methods of gathering evidence, and other skil s necessary lo the practice of criminal law The students, in turn, will conduct part o the legal research-on~ the case, It is crilica lo emphasizo that the student is no responsible to the assigned attorney fo The Committee notes again that it has comparable lo other programs Lo be anything besides the case both the them Excerpts from the Interim Report of developed. been convenient to synthesize profiles of the arc assigned to. the President's Committee on Academic The goal of the Law School is to Law, the Center for Criminal Justice, Law and The advantages of the assigned law Planning. Reporter 2/'l2/76. become an outstanding one and lo this Research Institute of Review and Law end, literature from within the School Jurisprudence, Subvention together, though each one has speaks to the necessarily for a substantial (cont. page 4) by Law and Jurisprudence incremcnl in faculty and library resources, been examined independently subcommittees and the Plenary session. among otherrequests. The Committee agreed, with its The Committee recognizes the high subcommittee that these units, while polcntial of the Law The Research Institute of Law and studied separately, should be profiled performance and the note that a number of Jurisprudence together because of their interrelationships. School, but lakes been added Law the to in lines have In respect of student demand and faculty past (although student enrollment recent Established in 1968 by the University University need Law ranks as excellent; il increased even faster). Requested Administration the RlLj is a service The Buffalo Law Review announces its rales excellent in regard lo the SUNY has large, both library increments arc quite facility designed to aid faculty in obtaining annual writing competition for the profile as well. Graduate employability is absolutely and relatively. The Committee funds for research projects. The Institute is selection of Associate Editors for the rateable between adequate and good. Its for library a focus for the development and that increases OTPS in agrees clientele includes a relatively high •1976-1977 academic year. are administration of institutional research and diversification al the very leasl To be considered for selection, each proportion of minority students justifiable, though this may be partially demonstration projects. Projects have first-year, student must submit a paper for somewhere between 25 and 30 percent. funding. outside The accomplished by involved community outreach into evaluation. Guidelines and rules will be The quality of the students and programsis Committee further unanimously investigation of Air Quality Management explained. by Associate Editors during excellent, this being confirmed by oujsidc that, with this on the Niagara Frontier; Services al the recommended meetings with first-year Property classes evaluations, tests, and student scores. recommended OTPS increase, the Law Erie County Jail- anc. various Legal during the week of February 23. At that Similarly, faculty quality and productivity School be maintained at present levels, Environmental Studies. Faculty services are time a schedule of important dales and arc excellent. Law is similarly highly wil'h no increase in faculty. voluntary, supported by a modest OTPS of other rcspoci in competition interdisciplinary -the information concerning budget. History, Sociology, University „units: be will distributed. Law Review Subvention Because the Institute provides The entire staff of Ihc Review Politic;!! Science, Philosophy, ihc gamut of Academically this a effective and promising services in aiding especially program serves as fact, cordially extends to-allinterested first-year 'Social Science programs, in and Ph.D. credil course for Law students. Its faculty and has good community ouireach students an invitation lo an open-house to through its joint Law ()D) expenses arc very low and the Committee and is largely funded externally, the be held on March 3 in Suite 605 of O'Brian affiliation with individual departments. recommends that its utility in Committee recommends that the Center be Kail. All first-year students arc encouraged The Committee did nol feefthal data unanimously maintained. training warrants il being maintained. efficiency profile available allowed lo allcnd. , Law Students to Work on Criminal Cases _ Interim Report of President's Committee on Academic Planning Law Review Seeks Entries . ' • __ * �February 26, J 976 OPINION 2 yours; OPINIONS ours SBA ELECTIONS LESONLBTO EARNED _ The confirmation battle currently raging in the State Senate over Governor Carey's 2. Those to be held on March 1 Schwartz to the chairmanship of the State to ire published within. There may be appointment of Law School Prof. Herman presented platforms Opinion who have candidates will Corrections Commission is, despite regretable misrepresentations of Prof. Schwartz's others whose petitions were completed after our deadline date, and those names chosen not character and positions, itself a welcome indication that the politicians are feeling the appear on the ballots and posters. Consider the fact that others have already The SBA rampant irl our communities and the thought. some vote is mounting public concern over the criminality give your Please Please vote. to communicate with you. to fulfill. abysmal failureof the criminal justice system to deal with it. many obligations duties and officers and directors have and' both important, effectively The SBA president is correct when she states: "No organization can function Senators of both parties have come to realize that opposition to the Schwartz fact more, appointment has been generated not just by law-enforcement agencies fearful .that reform when the burden Is shifted to only_a few members." This paper realize that elected that those who are are organization. Make sure possibly, than any other student would challenge their vested interests, but rather by widespread public disenchantment thosewho will adequately represent your interests in O'Brian Hall. with a system of "criminal justice" that has exalted the rights of the criminal, the violation of'rights of others, over the'rights of the victim and the public. It is Prof. Schwartz's misfortune thathis past advocacy of criminal rights hasidentified him with an approach to criminality discredited in the public eye, thus making him an easy if unwarranted target for a public more concerned with protection of life and property than with the constitutional "right" of convicted felons to receive tangerinesjor lunch at maximum security institutions. Whatever its outcome, there is a lesson in the appointment controversy thatshould animals Deanship candidates visiting the Law School for a first-hand look at the institution not be lost on us as prospective attorneys and judges: the public has had it with "political prisoners" who mouth have, in interviews with student representatives, evinced much interest in the.quality of who bash old people for Social Security checks, with community life at the Law School, according an importanceequal perhaps to academic Marx while ripping off the poor, with gun-toting juveniles Who rob banks secure in the knowledge that conviction means only a few months in a country club, with sex program and physical facilities. offenders whose poor toilet training left them bereft,of mens rea, with con artists who undoubtedly play their in significance it will subject the and the Their interest in safely practice their petty frauds and extortions behind business fronts, and indeed decisions regarding the deanship contrast greatly with the general disinterest in attorneys and corrupt judges who knowingly shelter the same. community life prevalent among our own faculty and students. Indeed, perhaps the with the shyster veryAs attorneys, despite our loyalty to the proposition that every accusecTdeserves greatest impediment to improving the quality of the Law School community is this qualified representation in court, we must recognize that the rights of the criminal disinterest in the subject itself. are subordinate to the rights of the victim.© restitution and This paper has at times bemoaned the negative impact of our relative geographical perpetrator, such as they are, to continued protection. Reform of the criminal justice system isolation upon our sense of community, which has been undermined severely by the the rights of the public not on greater liberality or rehabilitative pipe-dreams, but rather on understandable preference of many law students for time spent downtown among law must be predicated, ....-and many just such priorities. 1 firms and courts. The Law School has truly become a commuter school, -R.B. faculty and students limit their time here to the bare minimum ncessary to fulfill their academic obligations. Adding to the deterioration of any community sense within O'Brian Hall this year is the increasing use of the Law School by transients from other department of the University, lending a "Grand Center Station" effect to O'Brian's limited facilities. The problem has indeed been exacerbated by the opening of Baldy Hall for the gargantuan School of Education. It seems currently that the Baldy residents are plagued with Open letter to first and secondyear students: elevators -f their own that do not elevate, toilets next door that do not flush, vending On Thursday, February 12th, I attended a "meeting" of all those interested in machines that do noUvend, and lounge areas that do not permit lounging, thus necessitating theirt resort to the comparable but limited resources of O'Brian Hall. Law keeping Opinion alive for next year. Realizing that the entire present staff will graduate in students have, moreover, almost been pushed out of the Law Library by the influx of May, a meeting wascalled to bring in new people. When I and my two friendswalked into the Opinion office the editor-in-chief almbst went into shock. Apparently there has not "neighbors" from down the corridorsan overwhelming response to the plea-for help. I realize that students have limited It has, then, obviously become much more difficult for spontaneous law student been amounts of time to devote to activities such as a school paper but you would think that association to support community life in O'Brian Hall, as the physical facilities work of 700+ students there would be at least enough people to run a newspaper. Please against such association. In the absence of such spontaneity in community life here, out the benefits of having a paperhere at the law school and the potentialities however, what is needed is not despair accompanied by hermetic withdrawal, which think about to be tried and fulfilled.! think it is a worthwhile cause and am personally willing to seems to be a too-prevalent reaction, but rather an affirmative effort \>n the part of yet hope others Will be interested also, andact on their interest by students and faculty to build a community through purposeful participation in student devote time and energy. I joining the few of us who would like to maintain Opinion next year. Anyone is welcome and Law School activities. andurged to contributewhatever skills they have. Such activities are provided by a variety of student organizations here, but very often the burden of providing such activities is shouldered by a fewindividuals in each Sincerely, case, some of whom are becoming discouraged at the dwindling faculty-studentinterest in Becky Mitchell and support for their efforts. Unless more students (and faculty) bestir themselves into greater involvement in Law School activities, which are the only means available for building community life under the present adverse conditions, the Law School will have (Inquiries may be made in Room 623, or by politely approaching the editor in the hallways. Ed.) exactly that quality of community life it deserves: zilch. Just a reminder that the SBA elections are ~ . COMMUNITY LIFE? .. . - ' MITCHELL , too often commentators on _aw School affairs address themselves To the Editor: to the problems of the faculty or students here while ignoring thoseof the least recognized but paradoxically most essential constituency to the institution's successful operation: the clerical staff. Plagued currently with severalunfillable vacancies, which increases the burdens of the remaining staff, the Law School clerical staff struggles daily with a variety of tasks without which administrators could not administer, faculty coulcCnot teach,and students could not learn. In addition to these assignments, however, the staff is forced to deal regularly and increasingly with erratic administration, tempermental faculty, and students posing problems which could be easily solved by the exercise of their own common sense. Admirably, the clerical staff has proven itself up to even these added challenges of working at the Law School, challenges not posed very many civil serviceworkers in other occupations. \ Certainly expression of appreciation from faculty and students are long overdue, but. perhaps the best means of expression would simply be greater understanding forand cooperation with the hard-pressed clerical staff on the part,of both thesegroups. Faculty, in particular, cannot continue to expect the impossible, such as private secretarial services at their convenience or insistence upon priority treatment for work submitted at the last minute, when staff timeand Law School resources impose very real limitations on what can be accomplished. continue to With such understanding and cooperation, the clerical staff will successfully perform their invaluable support services for the Law School. < - SBA APPRECIATION DUE All . ' As representatives of the student body and as students ourselves, we feel it is necessary to comment on the handling of the first year writing program by the Administration. As a result of the ineptitude of the Administration in this.matter, those students required to take the student-t_ight writing course have been required to add an additional elective to their schedule. This elective was added with much confusion a week after classes had already started. Furthermore, the credit for the student-taughtwriting course is purely internal and of no consequence toward the Court of Appeals' required credit hours. It can also be argued that since all the first year students are not subject to this programs-there is an element of unfairness; the students in the faculty-taught section* were not required to add an extra elective. It is difficult to believe that no one among the law faculty and Administration could have foreseen the possibility of the Court of Appeals not approving the student-taught writing program. Considering that this possibility existed', the Administration should have postponed implementation until approval was actually given > by the Court of Appeals. This is not to infer {hat a writing prograrnjhould not have been offered,. Perhaps the Administration should have been mire forcefulin, theirdirectives to the faculty concerning what course will be taught and by whom they will be taught.. It is our hope that the Adminlstraiton tvas learned from their blunder, especially since it was at the expense of a good number »f the first year class. In the future, we expect to see a much more thoughtful approach to curriculum planning and implementation. Student Bar Association �OPINJON February 26, 1976 3 LETTERS CONTINUED... DODD To theEditor: FREEDOM FIGHTER __.*-' The proposed budget now before the New York State Legislature includes a tuition hike of $400 for professional students and abolishes the tuition, waivers presently awarded to those who receive maximum TAP awards. These proposed cuts affect everyone whois applying for financial aid. Students presently receiving the waivers will each have an increased need of $ 1400 for loans and work study funds. Medical, dentistry and pharmacy students were previously ineligible for National Direct Student Loans (NDSL) while receiving Health Professions Loans. The bill funding Health Professions Loans has been tabled in the Senate and students previously receiving them will now also be eligible for NDSL.'The result is a greatly increased need for loans and work study with equal or decreased funds available for next year. When financial aid establishes the total need for loans, they lake the available funds and allocate them so that everyone eligible for federal loans receives an equal percentage of their totalneed. These proposed budget cuts will also affect the socio-economic makeup of those •attending school here. These cutbacks may prevent those from lower and working class families from attending law school and may further limit the already small number of minority students here. As fhe only state-supported law school, our school should cater to a cross-section of the state's population rathe, than only lo those who can afford lo pay the sky-rocketing tuitioncosts. The SBA is supposed to represent the students here and respond lo their demands. Interested students had made an effort to publicize the SBA meeting of 2/M in order to discuss this situation. At the opening of the meeting, students who had come for this purpose were told that the tuition increase would not be discussed until a meeting the next day. After thesestudents left, the SBA.wenl aheadand discussed the matter without the input of these students who had taken the trouble lo publicize the mailer. Il- is the responsibility of trie SBA, as their representatives, .to lake positive and constructive measures in the interests of the students here on this matter. Concerned students should also take the time to write to their representatives in Albany and urge them to hold the line on tuition increasesand reinstate State University Scholarships. ■ . ■ KERSHNAR Siiiccrcly, Monica Dodd To the Editor: This letter is being written in response lo "The Jury isOut" primed in the Feb. 5, 1976 edition of Opinion. The terse piece bemoaned the poor response of sLudenls to the call for volunteer jurors (by the Trial Technique course) and suggested thai perhaps ihc solution is to make juryduty mandatory for all first year students. It was asserted therein that the experience of being a juror was an "invaluable" one and the full-day trial was "actually the crux of the course." Assuming this to be true, I believe that the implied criticism of the student body (particularly first year students) and the proposed solution both suffer from a paucity of rational self-criticism.The. only notice 1 ever saw about a need for jurors was a cryptic notice on the bulletin board specifying a location downtown and a.time to be there without a name of anyone to contact at the school or call for additional information. For a course whose crux rested upon voluntary support not much effort was made lo bring this point home to students. I call the author's attention to the fact that last semester Simulated Law Firm had to turn away first yeai students who volunteered to play the role of clients in that course. Organizations such as the Moot Court Board which seek student participation do not rely solely on announcements or articles in Opinion. They made sure their message was communicated to all first year students by investing five minutes with each of the four first year sections at the end of one of theirclasses. Oyer 100 students turned out for the distributionof the Desmond Competition problem. In short, to conclude this windy tirade, if you would employ means better suited to yourends youwould not have such poor results. Dear Editor: The following is a recapitulation of some events that actually took place during my first semester as a law student in the wondrous city of Buffalo. On the basis of these experiences, I feel that I should take issue with the theory that Buffalo is as bad as everyone says it is. Believe me, it's much worse. By way of background, i wouldlike to point out that I was born and raised in New York City. 1have spent the greater part of my life living in the City and, until now, have felt competent to deal with the trials and tribulations of city life. Of. course, 1 had been warned about Buffalo before I came here, but I wasn't 100 worried. After all, I like snow and cold weather and wind and frostbiteand snowmobile tracks on my back and snow plows crunching the fenders of my car, etc. I'm a real masochist; why else would I be in Buffalo (or law school, for that mailer)? But even these abnormal tendencies were not cnoughh to enable mc to cope with the past few months. First of all, my apartment was assaulted by various,assorted individuals seeking to purloin whal few possessions I have. This happened between two and four p.m. And I had the gall to fee! secure knowing that there was a police station around the corner!!! That slalion is a wonderful place. I went lo fill out a report on the attempted break-in (why does that phrase have such a familiar ring lo it?), but when I Arrived at 9:30 p.m., the place looked so dark and deserted that I thought it was closed. The parking lot outsidtf was filled with lonely, abandoned police cars. 1 tried to open the door and couldn't; I decided thai Ihc place was locked up. It turned out that the door was only stuck. The police obviously weren't expecting anyone, so they didn'l bother to oil the lock. Therewere only iwo officers in the whole building, and they looked at least as lonely as the patrol cars outside. Maybe I shouldvisit more often. The prostitute, who lives upstairs, continually forgets her key to the outside door of the building and bangs on the door and screams until she is let inside. Naturally, this always happens at 3 or 4 in Ihe morning after she has had a hard night on the job! The local vice squad has decided lo make house calls, and, somehow, whenever they come to visit the fadyvLu]. stairs, I am the only one around to respond to the pounding on the ouisidc dooc I have such a nice time trying to convince these lovely people that I am not ihc person they arc looking for. I have even taken to leaving my copies of the Constitution and the N.Y. Penal Law out in plain sight as clues for them. One afternoon I decided lo forgo the madness of the law library and study for my torts exafn at home. I tried to study tons while a dynamic duo in blue attempted to beat down the door upstairs. For.some reason, the "Happy Hooker" did not feel like answering the door. They did not gel in the door,and I got a headache. Speaking of noise, I am constantly treated to a symphony of pandemonium by the plethora of hot water pipes that seem to inhabit my apartment. I should also mention the chorus of ambulance and fire engine.sirens that serves as accompaniment to the pipes. (In addition lo the police station, there is a fire station around the corner and several hospitals are nearby as well.) People find it very difficult to communicate with me since I have started wearing earplugs all the time, but the silence is worth the trouble.The plugs have the added advantage of making lectures much more entertaining since I can make up my own words to match the professors' lip movements. I guess Buffalo is just trying lo make a City girl feel at home 2 people have been shot and several women raped since I have been here, there are porno movies and girlie shows nearby, and gangs of locals, who love lo go bar hopping and people stomping, hang out'on the street corner. Really, I wouldn't mind it at all if Buffalo stopped trying to be a big city and went back lo being the overgrown small town that it really is at heart. My bodyguards are really costing too much and after the welcome that I've had here, I think that I'm really ready to go back home to New York where it's safe to walk the streets at night and quiet enough for me to get some sleep! Fearfully and fitfully yours, A Future Female Freedom and Felony Fighter - - Harris E. Kershnar P.S. All first year students are registered in Constitutional Law. Any organizationwishing to communicate valuable information to them would be well advised to invest five minutes with each of the three sections at the close of any class. -- (Trial Technique instructors, please take notice Opinion offers space this, and every semester to publicize the final trial and "jury duty." Ed.) . x\\ 3 «sW- el 50 copies 100 copies mmm ) ■ m\\ CYJ . 2-page 3-page 24.75 27.35 32.25 37.65 Visit our office: see our extensive portfolio of finished Uimei Normal, turnover: 4 days. SQ%deposil, r. University Press at Buffalo 361 Norton Hall -J*J| 831-4305/831-4215 jmtswmjk\ •a division ofSub-Board I. Incorporated, a student-run. not-for-profit corporation. Opinion * February 26, 1976 Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: Lawrence M. Meckler. Myles Elber, R.I. Glick, Abbot Gorin T.J. Centner, Jeff Chamberlain Typeset and printed for a crisp, clear, Professionallook! -page 16:25 17.05 Volume 16, Number 6 ■■ CONTRIBUTORS: Chris Carty, Rosemary Roberts, Jack Pawlik, Paula Kane, Newton,and special thanks to Linda Enke Copyright © 1975, Opinion, SBA. Any republication of material contained strictly prohibited without the express written consent of the Editor-in-Chief herein is OPINION is published every threeweeks, except for Vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law', John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy' of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. �4 OPINION February 26, 1976 .Regarding Siting Applications Rheingold Speaks on theRole of the P.S.C. On February sth, Art Rheingold, who is chief counsel for Article 8 proceedings before the Public Service Commission spoke at O'Brian Hall, to a small group of law students. Article 8 of the Public Service Law is that section which deals with the siting of steam electric generating facilities of 50,000 kw. or more located within the State of New York and it applies to all utilities except PASNY. It became effective in 1972 and will remain in effect until 1978. Mr. Rheingold outlined several major Errors before the hearing officer can be the issue, and (b) affirmed the Hearihg defects, as he saw them, in the immediately appealed to the PSC for -i officer's denial of the waivers. The PSC administrative structure of Article 8. He ruling without having to go before the P.S. decision has not been appealed to the stated that Article 8 is essentially a Board. This frees the Board from having to Board or lo the courts. compromise bill and that its provisions for Other problems with Article 8 which make decisions on minor procedural membership of the Public Service Board Rheingold outlined included matters and also speeds up the application Mr. result in a slow, ineffective body. process because of the need not to have to uncertainly about the extent of federal Membership is comprised of five people: 1) wait for a full Board lo be appointed and preemption under the state and federal the Chairman of the Public Service to convene for a decision to be made. An environmental acts and the lack of a clear Commission, 2) the Commissioner of example of how the Commission fulfill* policy by the legislature to guide Environmental Conservation, 3) the this role is illustrated by the recent decision-making on the applications. He Commissioner of Health, 4) the application of New York Stale to build ar stated that ihe Public Service Commission Commissioner of Commerce and 5) an ad 850 megawatt cool-fired unit on Lake is beginning lo provide some policy and In order for a utility company to hoc member, appointed by the Governor sense of continuity in the decision-making obtain a permit lo construct a power plant from the judicial district where the site Cayuga. The application was provisionally process as case law proceeds but thai these from the Public Service Board it must: 1) under construction is located. The docketed, subject to the granting of certain gains may be lost if the Legislature allows establish before the Public Service provision for executive appointment of one waivers. The waivers were denied by the Article 8 to terminate in 1978. Commission that the plant is needed; 2) member and Ihe allowance under Article 8 Hearing officer and this decision was file an environmental impact statement; 3) for other members to designate parties to appealed lo the PSC. The Commission (a) Paula Kane demonstrate compliance with the PSC's sit in for them make uniform policy and decided that it had the authority to decide Environmental Law Society* standards and all applicable environmental continuity difficult to attain. In addition, laws (or obtain waivers for Article 8 fails to provide for a forum to noncompliance), and 4) show that the site seek redress of errors which may occur at selected is the best of all alternatives in the initial hearing on Ihe application. This terms of minimal environmental impact. latter problem has been partially settled To date, six applications have been under the regulations promulgated by the submitted to the PSC under Article 8. Four Public Service Board. Under these by Abbott Gorin of these have been docketed, at least regulations, the Public ServiceCommission provisionally. None of the six applications has been set up lo act in a quasi-judicial While not as outwardly explosive as his previous films "Z" and "State of Scige," has been approved by the Public Service capacity by providing an intermediate Costa Gavras' latest film "Special Section" probes the mechanics of transition in the appellate level in the application process. formation of a police slate. The movie derives its name from the special part of the city / Board. court of Paris that was established in Vichy Fiance to convict radicals and saboteurs. The cum I grew out of the assasinalion of a German Naval Officer in occupied France shortly after the Nazi Invasion of the Soviet Union. The- French communists who commilcd the act were never apprehended. (Interestingly, the communists had refrained from active resistance against the occupying Germans while the Soviets had their non-aggression treaty with the Nazis.) Realizing that the act could not go unpunished the German Military Command in Fiance called for the execution of "any" ten French radicals within two weeks. However, while the Germans wanted the executions as an effective deterrent, they could not do the executions themselves. This course of action would have exposed the Vichy Government fpr the puppet front il was. While it was necessary to still the assaslnatlons by French radicals, it'was also necessary lv avoid the outpouring of French Newly elected officers, new members and new projects headline ihe latest evenls of nationalist spirit against the occupation forces. The Vichy Government was given an the Buffalo Legislation Project for the spring semester. ullimalum which in effect said, "Ten radicals, or we execute fifty prominent Parisians, Elected were Leslie Haggstrom, Director of the Project; Linda Heine, executive among Ihcm Ihc Archbishop of Paris!" editor; Joe Broderick, Gail Heppell, Leslie Kirschner, and Larry Scancarclli, project The villain, ironically, is not the German Military Commander, but the Vichy editors. Minister of the Interior. For while the Germans realize that it would violate French A total of twelve new members from the second year class were accepic'd to begin standards of due process, (particularly ex post facto prohibitions since il would be work on the spring projects. Membership solicitation from the first year class will begin necessary lo try ten radicals already in custody and convicted for other crimes) the after the spring break. Minister of Ihc Interior is willing to maintain the Vichy regicmc and his own power Work has begun on six new projects. Under the supervision of Joe Broderick, wilhin il at all costs. At first, the Minister of the Interior is opposed by the Minister of Louise Tarantinoand Susan Hogan will develop justification forand propose amendments Justice who in Ihe movie appears as a fineold gentleman devoted lo due process at all to the Social Services Law so as to provide greater subpoena power to the County costs. It seems thai oven the implicit-threat of a _ore stem occupationby the Germans, if Commissioner. These amendments will also allow the county to recover expenditures this crime is left unpunished, is worih the price of maintaining French Jurisprudence. from the estate of the claimant. Sponsor for this project is the Legal Division of the Erie However, Ihe Minister of the Interior plays the trump card and ihc Minister of Justice crumbles when he.finds oul that the Mood of the Archbishop could very well be on his County Social Services Department. hands. The Minister of Justice actively recruits judges, "good soldiers who will obey George Rush and William Hultman are involved in a project for the Erie County orders," to staff the special section and- lo obtainIhe convictions by Ihe deadline. Legislature Economic Development Committee. They will propose amendments allowing j The attitude of Ihc Judiciary is curious. The high court'judges fear for Ihe counties lo provide incentives to business. Broderick is also editor of this project. legitimacy of the icgicme and are willing to give the go ahead for the creation of the Beverly Jacklin, Ray Cerreta, Dave Parker, Janice Barber and Cynthia Weaver will special section. They are even actively involved in picking the appropriate number of Jews be working for Senator Barclay, Chairman of the Codes Committee on reform of the and radicals lo stand trial for acts which were not treasonous crimes when they were existing marijuana laws. Gail Heppell is editor of this project. commilcd. Stalling the courl is more problematic. One judge regarded as a "good soldier" Sharon Goodman, Sherry Turner and Bob Citronberg are researching legislation lo by the high judges ends his interview by lecturing ihe Minister of Justice'on ihc violence protect consumers against "fly-by-night" disreputable home improvement contractors. that would be clone lo due process. Finally, the members arc obtained from Ihe dredges The project will involve an evaluation of present laws requiring the registration of home of the Parisian judiciary. The special section is composed of former war veterans and improvement contractors and other alternatives lo protect consumers against these party hacks, none of whom have acquired the street smartness to understand exactly contractors. This research is for Ihe N.Y. Stale Assembly Commitlee of Consumer Affairs whatis going on, nor the theoretical sophistication to care. Indeed, one of Ihc only judges and Proteclion and is being edited by Leslie Kirschner. who raises an objection does so not on due process grounds, but by posing the There are two projects Ihis semester from the Senate Majority Leader's office, bolh hypothetical, "Suppose America enters the war on the side of the allies? Then where will we be?" under the direction of Larry Scancarclli. special section poses no problem for ihc judiciary, the public defenders John Phufas and Earl Robinson are working on legislation to amend the public office While antheuproar. Many of Ihc attorneys refuse lo lake part in the travesty,and those is in officers law in relation to financialdisclosures by state legislatorsand candidates. who.do have a difficult lime accepting how arbitrary the set up is. Alan Gerstman is working on amendments to the legislative law relating to Ihe The movie is intriguing lo one closely lied lo the American legal profession. To say regulation of lobbyists through comprehensive registration and reportingrequirements. American lawyers and jurists would hold fast under, the same pressures would be naive al First year students interested in the BLP's activities should slop by Ihe BLP office best. Do Justice Frankfurter's comments, "This is a political thickcl we should not in Rooms 643 and 644 on the bridge between O'Brian and Baldy Halls. enter," reflect upon the Court's duty as the protector of,a citizen's rights, or docs il mean, "The Court cannot enter an area which would lose Ihe allegiance of the present rcgiemc in enforcing its decisions." Lawyers jurists are often swayed by the CRIMINAL CASES... ;alternatives of the type which faced the Ministerand support of some kind al a future dale. continued frompage one of Justice, a"phenomenon Piagcl once participating ( students interested All in described as moral absolutism versus moral relativism. You can indeed sacrifice ten lives students' knowledge of law .in action, but in this program should fill out the | to save fifty, but what have you given up in the process? Il should be remembered tha'l increases Ihe lime devoted to each indigent questionnaire now available in the jJohn Dean said he would have blown the whistle on Watergate earlier, but he foarcd for client's case. If the increased lime is placement office. The person's interest and iIhc national security. The question comes to mind, "What(Wasilxf' jiviitg. Ik"country matched by a comensurate improvement in experience described in the questionnaire f from?" Indeed it would seem that the attitude of the profession has come a long way the quality of defense available to poor will determine whether he/she works on Jfrom Justice Story's answer lo Ihc question of what the Courl would do with Ihc tariff of cabominations knowing that South Carolina threatened secession. "South Carolina will do people in criminal courl, the program can this or other local civil rights projects. deliverenumerable untoldbenefits. If anyone wants .more information whatit must doand this Courl will do the same." Though initially, LSCRRC can about this program or about LSCRRC in In the end the convictions are obtained and the Paris Special Section serves as a promise no monetary or law crcdil in general, slop by Room 118, or call Lew model for the rest of France. According lo Costa Gavras, no actions were taken against judges the who participated. payment for the work, it is guile probable Klee or Ron Eskin at night, 838-5996. t - Movie Review "Special Section" BLP Initiates New Projects - * r �February 26, 1976 OPINION 5 Screw the of Turn B The rooklyn Side by Carl S. Heringer by Chris Carry Badge 714.2 (Dum Da Dum Dum) The general theme of this column will be the proposed elimination of State University Scholarship (SUS) awards for graduate students (popularly known as tuition waivers) and a concommitant raise in tuition for 1976-77 to $2000 per year (from $ 1600 per, year). Presently, the Governor's budget which is now before Ihe Stale Legislature proposes both to raise tuition and eliminate SUS. The net effect of ihe two combined will be an increased-cost of ,$l4OO per year to students. SUS operates simply. Students, who receive the maximum Tuition Assistance Program (TAP) award of $600 for'the academic year, have been granted a "scholarship" by the school of the difference ($1000) in tuition costs. The increased tuition will raise the tola! tuition biH to $2000. A student who has relied upon TAP/SUS in the past can expect to receive $600 again in maximum TAP,all things being equal. The elimination of S,US will then raise the cost of remaining in school for the student by $1400. ($2OOO $600= $1400). The end of SUS will drastically affeel all graduateprograms across the state, but it will be especially ,harmful to professional students* whose course load and clinical requirements prevent them from working more than a few hours a week. Fifty-six percent of the medical students at UB rely on SUS. The exact number of law students affected is unknown,bul it appears to be a sizeableproportion of the student body. ( In the slate budgeting'process, the legislature customarily does not add to the Governor's budget, although it often eliminates or decreases proposed expenditures. This means, then, that any expression of opinion-concerning the situation can only affect the proposed tuition hike. Any additions to the budget must be made in the Supplemental Budget, now being formulated to go before the Legislature immediately prior to adjournment in late April or May. Therefore, any pressures concerning SUS should be directed either toward Chancellor Boyer or President Ketter. Frankly, the sustained pressure of the graduate studentsis needed to foster any chanceof avoiding such a drastic cost increase. A letter lo the Chancellorand to your respective state legislators wouldbe a strong beginning. (Below is a sample.) on the door of Room 303. Presently, SBA is funding a "lobbying" trip to Albany on behalf of the law students. The faculty and administration of the law schoolhave allied themselves with the four SUNY medical schools, and twd SUNY dental schools to represent the'interests of the professional schools to the Chancellor. Students have organized petitions to be sent to the Chancellor and to President Ketter, available outside the library.I am participating in an alliance of students similar to the faculty group mentioned above. I will attempt to have ujj-to-date information available in my office for-anyone interested in the outcome. • (The story you are about to read is true. The names" were changed to protect ihose who wouldn't he associated with it any other way.) This is the city, Brooklyn, New York. Fourth largest city in the country. Almost three million people work and livehere, from Mill Basin society matrons to the ghetto p'bor. Life's not boring here, and these people, make news. I carry a press card. 8:43 AM We were working the day shift out of the city office. The assignment was a 317, check oul the streets. My partner's name is Olson. My name's Thursday. '8:IS AM The car was parked outdoors overnight,'and it wouldn't slart. We discovered that the battery was missing. , 8:47 AM A street urchin happens .by, carrying a car battery/I offer him $5. We settle for $12.50. It'fits in the car. Olsonand I suspect nothing. 9:15 AM The city is quiet, the streets empty. We step into a diner for a1796, coffee break. I take cream and iwo sugars. Olson drinks it black. 10:45 AM The car was parked outside, and wouldn't start. We discover that the carburator is missing. It's a four-barrel model. happens by, carrying' 10:47 AM After some A haggling, we purchase it. It's a four-barrel model. Olson and I suspect nothing. 10:30 AM No news. The usual mundane muggings and burglaries. Olson phones the story in. I buy a candy bar. Noon Time for 4829, lunch. I order grilled cheese, no tomato. Olson eats a bowl of chili. He gets a spot on his tie. I don'l wear a lie. 12:45 PM The car Was parked ouiside. It startedright away. Therear end was on milk cases. Both tires were gone. 15*78 Sleel belted radials. 12:48 PM A street urchin happens by, rolling two tires. 15x78 Steel belted radials. He's building a go-cart. He accepts our money reluctantly. I smile. $45 is a good price for belted radials. Olson .wonders for a moment and climbs in. I suspect - - - - - — - nothing. - 1: 15 PM We question a news suspect on an 893. Fifteen stories is a long way to jump. Olson climbs the ledge. I don't like heights, and stay down for the post-jump exclusive. 2:30 PM We stop into a diner for a 797, coffee break. I take coffee, cream and two sugars. Olson drinks il black. 2:45 PM The car was parked outside. It starts up. 2:46 PM A street urchin offers us a set of hubcaps to match our own. We buy them for a steal, Dumb punk never suspected we would have paid more. We suspect nothing. „__ 3:30 PM Our shift is over. Olson drives us back to the garage. 3:32 PM The garage is gone,. 3:33 PM A street urchin happens by, with lumber and carpenters tools. We _ ' suspect. -- Note: The T.V. Trivia contest is slTll open. Keep thosecards and letters coming. • a Hofstra Cou™ y NAME Qr COURSE FACULTY LEGAL ETHICS DWfiWfltT '" F *-' /Lj r-V NUMBER CREDITS 1 Mm"■'''"'■""• „ 7w„m I'RODUCTS-LIABILITY 3 INDIVIDUAL INCOME TAX Prof. Skuar, filler FAMILY LAW Prof fohn Gregory REAL ESTATE 4 •■,.,. m,o nroQ-ratn \SjLt VV* I V L// REMEDIES <, M-Tu-W-Th ll:10a.m.-l:00 p.m. 3 Tu-W-Th 9:10 a.m.-ll :00 a.m. Tu-W-Th J IIOFSTU H_mp*h--_, N*w York 11530 (516)360-3636 ■ Tu-W-Th 3 Tu-W-Th 11:10 a.m.-l:00 p.m. M-Tu-W-Th . LEGISLATIVE PROCESS Prof RonnW Silverman "CURED TRANSACTIONS , Tu-W-Th 9:10 a.m.-ll:00 a.m. 3 Prof. AbrahanyJOrdovtr FEDERAL COURTS Prof. SUtarl Rahinoitnlz HOFSTRA SCHOOL OF LAW 3 DEBTOR-CREDITOR EVIDENCE ' 9:10 a.m.-l 1:00 a.m. * 3 _ \ .IIVLIVM I 1 : 1:1„.._..:>,_p.m. Prof. Malachy Mahon TRADE REGULATION Prof. Burton Again Prof Alan Remick ESTATE GIFT TAX Prof. Linda Hirtcl.ton for furtltxr infer mauon: SCHEDULED TIMES M ■;n..m.-. _p._ Tu-W-Th TRANSACTIONS Prof. Herman Hillman ..... GWgg bummer 1976 L-iIA'LaJ IJL-1 IUUI £ <*. < SAMPLE LETTER February Dear (The story you have just read is true. MARK VII.) ' . Prbf.SheliaOkapk,, WILIS. TRUSTS AND ESTATES Prof. John Sciullo Tu-W-Th 9:10 a.m.-il :00 a.m. 11:10a.m.-l :00 p.m. ■ 4 11 10a.m.-l :00p.m. Tu-W-Th 1:10 p.m.-3:00 p.m. 2 Tu-Th 3 1:10p.m. 3_Wp.m. 3 T«-W-Th 1:10 P.m. 3:00 p.m. 4 M-Tu-W-Th 1:10 p.m.-3:00 p.m. ,1976 , — I am writing t._xpress my concern and alarm over the proposed tuition increase for State University students and the simultaneous elimination of the State University Scholarships (SUS) for'graduate students. I urge that you oppose both of these items in the proposed Governor's budget, butparticularly the elimination of SUS awards. Many State University graduate students depend heavily on the SUS awards to continue their studies. As youmay be aware, in order to receive the SUS, the student first must apply for and receive the full Tuition Assistance Program (TAP) award ($3OO per semester). This determination is based entirely upon financial need; the student must show that he/she has less than $2000 net income per year. After the student receives his/her award notice of this full award, the local campus gives the student the SUS. The award exempts the student from paying the difference between the TAP award and the total amount of the tuition (this year, $1800 = $600 = $1200 for graduate students; next year proposed, $2000- $600= $1400. In effect, the SUS is a partial tuitioffwaiver.) A combination of a tuition increase.and the end of the SUS awards will result in a net increase to students of $1400 for trie coming academic year. Elimination of this program will cause a great hardship to graduate schools acrossrihe state, but particularly to the professional students in the Medical, Dental »nd Law Schools. This is particularly detrimental to professional students, since the heavy cour.se load and clinical requirements for graduation preclude employment for more than a few hours a weekduring the school year. Furthermore, it appears unlikely, given the fiscal situation both here and in Washington, >that any corresponding increase in the other forms of financial aid will be allocated for graduate students. The SUS does not pose any drain on the state's fiscal revenues since it does not require an allocation of funds. It merely exempts the mostfinancially needy of the SUNY graduate students from paying a portion of their tuition. The converse is true for the individual student, since elimination of the award will force students who have few resources to pay a targe increase in tuition in order to remain in school. *i Again, I urge you to reinstate the SUS awards and to oppose the tuitionjncrease. . .. ; ..) ' ; Sincerely, ■ Greenberg on Legalizing Heroin Gary Greenberg will speak on "Legalization of Heroin" on Fri., Feb 27 al noon. (Competence of people to make decisions, their right to do so, the effect of heroin's illegality on heroin prices & the effect of thai on the commission of crimes by. heroin addicts). Gary Greenberg is a Legal Aid attorney in NYC. In 1973 he was the Free Libertarian Parly candidate for Manhattan District Attorney. �February 26, 1976 OPINION 6 ADMINISTRATIVE PERSPECTIVES Q. Students have complained that several professors are now late in assigning grades for last semester. What can be done on the student's behalf? Ans.: Occasionally there are good reasons why a professor will hand in lale grades just as there are occasional good reasons for students to hand in late papers. Part of ihe reason why seminar grades are late is the fact that students have asked forextensions oi time to hand papers in. Professors who are late, as of this date, have been called about the grades. It is expected that they will be in shortly, especially in the cases where the grades have no reason to be held up. 0- What thoughts or opinions does the administration have regarding the impending student SBA elections? Ans.: Several. An active, quality, student body, such as this deserves and requires strong sludcnl leadership. The elected head of the SBA should be reprcs. nian.c oi the student body, should be able to provide visible, meaningfuf leadership, and should be able to relate lo theadministration without compromising his'her values and goals. There arc many tasks which a strong SBA leader can do better than faculty of administration because of the difference in perspective. One of the real problems associated wilh the development of strong SBA leadership is that of a.a liable time. Perhaps, a scholarship should be provided for the major elected position. Property done, the task of leadershipis time consuming, but invaluable to the student bod\. Oiigtnall. the ."-member committee was requested to submit three names to"" President keitei no later than December 1, 1975, a task which has been impossible to fulfill. fa of |anuar\ 13, 1976, it was publicly reported that about 65 persons had been given careful and detailed consideration by the committee including several local candidates. Of approximately 200 nominees outside Buffalo, six have come for an interview. The Committee's work has been impeded in part by the fact that there are a good mans deanship vacancies in prominent law schools in the United States. SBA CandidatesForum THE FOLLOWING PLATFORMS WERE SUBMITTED BY THE INDI . Q. What is the status of the search for a new Dean? Ans.: The Dean's Search Committee is chaired by Dr. James English from the School of Dentistry. The committee consists of-faculty, students and community representatives. Official announcements must be made by this committee. President Keller's charge to the committee stales that the person selected should be an outstanding legal scholar, an experienced and capable administrator, a person sensitive to student concern and a person of substantial energy. Primary Politics CONCERNED LAW STUDENTS President: Bob Waters Ist V.P.: Bill Shields 2nd V.P.: Sally Krallman Treasurer: Paul Lukin » Secretary: Bob Citronberg Director: Bob Burrick Al Gerstman Andy Milstein faculty who have mastered this area. The Court of Appeals has recognized this by wilhholding bar-qualifying credit from the present program. Concerned Law Students will actively seek a voice in planning next year's program to ensure that our education will not remain substandard. I jack Pawlik CONFUSING BALLOTS Concerned Law Students is not a Suppose you want to vote for Fred naught (or Jackson). A remedy for the above situation has Harris in Ihe April 6 Presidential Primary in New York State. You simply enter the been proposed by Assemblyperson M. voiing booth and pull the "Fred Harris" Miller in the fdr.T. of Bill L9368 (pending at press time). The Bill provides that the le.cn Right? Wrong. In New York State, the peculiar, jj Presidential candidate's name will appear antiquated election law requires that you'lon the ballot with the local delegate vote for John Doe, a candidate who has candidates. signed a slatcmenl commitling his support Although this Bill would greatly simplify this confusing election process, it is given a poor chance of passage despite intensive lobbying by the League- of Women Voters, NYPIRG, and other Harris. But how do you know that John Doe is committed to Fred Harris? The amazing answer is that there is no connection between. Doe and Harris on the ballot. The names of Harris and the other Presidential candialcs never appear on the ballot. Therefore/only the news media and the candidate's campaign material provide the nexus between Presidential candidate and local delegate. The Harris voter better be well prepared or his vote may go for lo organizations. • Ms. Helen Buddemeyer of the League, however, said the League plans to distribute to the public the information omitted on the ballot and will assist all voters requiring assistance. The offices of the League of Women Voters will be very busy in April. PRESIDENTIAL POLITICS As the Democratic candidates falter, 1976) pointed to some remarkable advance, and bicker in the early i statistics, "Starting with almost no national Democratic primaries and caucuses, the i recognition, he (Carter) has progressed to New York Slate Presidential Primary on the point where he is known to 28% of the April 6 lakes on increasing significance. I Democrats three times the recognition of This primary may spell doom for some | Morris K. Udall of Arizona, for example, candidates just as, only recently, ; and almost equal to that of Senator Henry Oklahoma's state caucuses sealed the fate | M. Jackson of Washington, who has served of Senator Bensten of Texas who joined j in Congress with some priminence for 35 the drop-out club along with Terry years." Sanford. It is significant that in Oklahoma, In New York State, New York City Fred Harris' home state, the former I has generally been conceded to Senator Senator lost to Georgia's Jimmy Carter by Jackson. In the remainder of the state, |however, there is no clear-cut favorite. 1.5%. The upcoming primaries in New Locally, slates pledged to Harris, Hampshire and Florida will also be i Udall, Carter, Jackson, Wallace, Bayh, as significant in "weeding out" the remaining i welt as an uncommitted slate fieldedby the candidates. Morris Udallof Arizona, Carter | local Democratic organization are and Birch Bayh are presently the leaders in competing for the delegate positions. New Hampshire. George Wallace and Carter ; Several of the slates, however, may not are the main contenders for Florida's ■ submit the 1250 valid signatures required delegates. tfor a spot on the ballot. One of the early surprises so far has to In all, the Democrats will run their be Mr. Carter. R.W. Apple, Jr. in a recent icustomary spirited campaign as Humphrey New York Times article (February 13, ;and Kennedy loom in the background. . — < < political party bound by a single ideology. Our common thread is a desire to provide positive benefits to the law student body. We have banded together out of our . Placement: The Placement Office is vital in its role of providing our graduates with employment oppdrtunities-r Student government cannot igno.c its responsibility lo help secure this benefit for its constituents. One area of special concern in supporting the placement effort is the attraction of bar members to this campus. This will allow students and practitioners -■ to becomebetlcr acquainted. confidence in each other's determination to work hard on behalf of fellow students. Rather than promise spectacular but impossible results, we choose to focus our Referendums: To encourage student input efforts on improving matters which into the SBA activities, Concerned■ Law directly affect the students this law Students plans to institute a series of school. Specifically, we turn our attention referendums designed to measure your attitudes. As your representatives, we wish to: to advocate your views. Tuition Waiver Cutbacks: We believe that our university should remain open to all qualified students regardless of their Office Hours: Each Concerned Law economic circumstance. Concerned Law Student to keep regular office "Students actively supports efforts to ease hours promises that students can voice their so the financial burdens of attending law complaints suggestions. and school. We endorse a strong student-faculty opposition to the proposed tuition waiver cutbacks, with a broad base of law student Student Guidance: To remedy the lack of curriculum counseling, we will seek •to input. provide faculty-prepared course sequences to those The Library: Perhaps the most important the legalwho desire to pursue a specialty in profession. Concerned Law resource in legal education, the library is suffering from a lack of funds with which Students will also explore the possibilities of instituting a tutorial program for to purchase sorely needed books. If the students in need of supplementary library is not kept\Ijp to date, student instruction. research will grow increasingly difficult. Of equal import is our school'saccreditation, whfch may become impaired due to Recreation: Ping-pong, chess and checkers should be made available once again. We deficiencies in the library. President Ketter's Committee on will create recreational facilities and social Academic Planning has unanimously events as closely as possible in recommended that our library funding be conformance with student demand.. increased. [Reporter, Feb. 12, 1976, p. 12, col. 1)These funds have not yet been-fhade available to the library. In preserving the quality of our education, Concerned Law Students will actively attempt to persuade the Administration to act in accordance with the Committee's recommendations. ' Research & Writing:' Among the most valuable skills acquired during law school are legal research and writing. Student teaching is not an adequate substitute for the instruction of experienced lawyers and �February 26,1976 OPINION 7 PresidnTt'h Corner - . . IVIDUAL CANDIDATES THEY ARE NOT ENDORSED BY RST VICE PRESIDENT LI FF SOLOMON According lo .the SBA onstitution (and the proposed nstitution), the primary responsibility of c First Vice President is to act as the icial representative of the law school to le Law Student Division of the American ar Association and the New York State ar Association. Immense' benefits "can be gained by nmg the'AßA/LSD and the NYSBA. lese organizations further academic cellence, through participation by law dents and the efforts of the organized _ar arid revision of standard of' lega. ucation, and promote the involvement of aw students in the solutions of problems lich confront today's changing society. n addition, the following-services are liable for. minimal membership dues: (1) alth and life insurance for low rates, (2) mputerized job search program, (3) gazines, and>(4[ free publications. If 20 per Rjoin E — OPINION, FIRST VICE PRESIDENT WILLIAM SHIELDS current by Rosemary G. Roberts This is my last column as president of the Student Bar Association. And, as usually happens, the president takes this opportunity to review the accomplishments and defeats of his/her administration. A few words are in order first. They are not made resentfully, nor are they made as an apology forany campaign promises thisadministration has failed ' tofulfill. The office of SBA president requires an inordinate amount of time/This position is stipended, not nor are*any of the other executive positions. Any rewards lo be reaped must take the form of personaLsatisfaction in accomplishing whatever gains possible for the student body. I personally, have reaped a few rewards and a lot of frustrations. The SBA president must not only form policy, but she/he must help facilitate action on the part of the 1 Thisis impossible when, at a high percentage of the meetings, there is no quorum present. (No business can be done without a quorum). Production is also handicapped by the diversity of the "directors themselves. Some are ready to lake over the Dean's office al a moment's notice, while others need permission to go to the John. The position of SBA director is one of responsibility. But the obligations of this office have been taken far too lightly by most. More often than not, the officers have been left to do the work which rightfully belongs to a director. No organization can function effectively when the burden is shifted lo only a few members. Aside from internal, SBA frustrations, the president must also contend with an administration whose right hand does not seem to know what its left is doing. Couple that with a faculty who, but for a few notable exceptions, is totally aloof and insensitive fostudent needs, and you've got the picture. Lastly, I cannot forget to include here the sludenl newspaper. Opinion has acted in an outlandish and totally unprofessional manner towards the SBA for the past two years much to the detrimentof the student body. I agree that the student newspaper should act as a watch dog over the student government, but its use as a forum to malign personal beliefs is a misappropriation of student fundsand inexcuseable. In light of the above, I have compiled the following as a guideposl for future SBA cent of the .students of the presidents: To be a perfect SBA president you should: not be married, and if single, have no demanding lover in the wings not have any children not be involved with any other organization or committee not clerk or hold any part-time job not lake demanding courses not smoke have a perverted sense of humor realize that most law students are inherently apathetic be able to be in two places at once (i.e., SBA and BPRC meetings both on Wednesdays at 3:30). in fact, a leave of absence from school wouldbe helpful Despite all, the year has not been a loss. Due lo the diligence and dedication of the officersand some excellent directors, the SBA has: Managed to rescue Mary Lou Palesh from the clutches of the main bookstore at* Ellicott. A featall students can appreciate. In conjunction with an ad hoc corhmitlec of first year students, helped to establish a first year research and writing course, which will, hopefully, be straightened ---- which 1 regard as demanding priority is the establishment ol strong tics between this law school and .both the national and local bars. The primary duties of iheJFirst Vice Prcsidem arc to function as representative to and for the American Bar Association Law Student Division. This year, the office has been vacant, due lo Ihe resignaiion of the officer. Thus, we have been, without an official "voice in this national organization for some time. This is the lypc of situation which helps keep Buffalo law school unknown and which conn'ibuj.es lo a poor image of the school in other stales and cities where it is known. An increased, effective student liaison wirh Ihc ABA and the Slate and local bar associations can only benefit all of us by providing: (1) an opportunity lo present student views, and (2) an increased level of visibility for the Law School which may rcsull in a larger job market forits graduates. In addition, if we can achieve a sufficient level of membership in Ihe ABA Law Student Division, a matching fund program rpay be available which would be a boon in light of the increasingly bleak student and university financial picture for The mailer the ABA/LSD then.the Id be eligible for law school d matching grants from $100 00. Through such grants the ncourages the implementation next year. Naturally, I intend to be available to m of law student projects. other students in order to get their input matters and as I presently have no onHhcse :here are more than enough outside work co'mmittmcnts for next year, is to join these organizations, I anticipate being able to devote a major npt to actively solicit student I my time at school to these in both the ABA/LSD and portion of duties and other SBA business. EAR DIRECTOR i Edwards, am seeking position as 2nd year director in the upcoming SBA y philosophy as to how the SBA ought to be administered will lead lo a more ganization. First, it should be made known lo all students that the meetings y open meetings and student participation should be encouraged. For weekly posting of agenda might allow student input in areas of individual tainly a meeting time conducive to most student schedules would also be ; is one of the biggest shortcomings of SBA, not adequately representing their '; there is usually a mere expression of personal inclinations. Another goal have the organization meet on time, which is never the case at present. In im is often lacking, incumbent, I feel the past fivemonths has given me an opportunity lo really :he shortcomings of SBA as presently administered and therefore I could be helping to bring about some change. Presently I am on a committee to start tutorial programs for all interested students in some of the basic n also opposed to and will fight against the present proposal lo make SBA nd positions. I also propose that, »when major allocations are made by the iions having significant impact are made, more student referendums be held. I fself open to all student suggestions and attempt to represent you, the first year students, rather tha\i basing my decisions purely on personal i second vote of all first year students on March 1 and 2. k for the > Vikki P. Edwards - - - the which - With the aid of iheexams.administration, submitted established student demand students observe the introduction of a bill which would the'Attica defendants. a successful Law and Orientation and - Funded and the Abortion Sent wilh and the of the SUNY and funded many other and programs. the Committee better student • out by next semester. a proposal to pre-Christmas Responded to by sending faculty to Albany to grant amnesty lo . organized Day co-sponsored Symposium. representatives to Albany to speak legislators lobby against proposed budgetcut scholarships. Sponsored organizations, speakers Reorganized Faculty-Student appointment system to provide representation. On the other side of the ledger, budget restraints and general apathyprevented the establishment of an SBA newsletter. And even though SBA meetings have been moved from Friday to Wednesday, they still fail to draw much student interest. As for the appointment of a new first vice president, the constitution was revamped to provide for the appointment of a new first vice president, the constitution \vas revamped to provide for only four executive positions and an elected ABA-LSD representative. However, the referendum just never got organized, and I did not appoint another first v.p. A good deal of the blame belongs to me; a part to others;and the rest to "the system." However, it is my sincere hope that the next administration will continue, and improve upon, our attempts to make the SBA a vital and effective representative of the student body. Finally, it is necessary, and 1 am glad for the opportunity to thank my fellow officers for thejr excellentservice. Glenn Davis, vice president, has done an effective and exceptional job as Sub-Board representative and vice-chairperson. SBA treasurer, Cathy Novack, undertook a seemingly insurmountable job, but managed to revise budget procedures so that they are now more efficient and less complex. And Cliff Solomon, secretary, despite, the loss of our typist, has done his best to have the minutes published and distributed. Each of these individualshelped to shape the policy and direction of the SBA. They have not only been critical to the achievements we did make, but have been a source of moral supportand friendhip. To them I say thanks. Contributions of research papers for publication in Certiorari are r being accepted through March Ist. The general topic is state and local government relations. Submit papers in the Opinion office (Rm. 623) or Opinion's 3rd floor mailbox. �February 26, 1976 OPINION 8 The Bicentennial Red, White and Blues - - As July 4th approaches, Ihc red, while and blue theme repeats itself as frequently (fill in your own simile). The latest is a red, whiteand as blue loilct seat. Now I do not'mind the iconoclastic nalure of ihts item, bul give me a break! In spile of the above, I am going to gel into Ihe bicentennial spirit and report on Thomas visit lo the law school." He came on Monday, February 16, Washington's Birthday. Tom never did like George, and was hoping lo upstage him. (Please, no letters from Millard Fillmore fans. I know thisis his territory, but his birthday is next month.) J ■ 'As you may already know*, Tom considered himself a true renaissance man. Expert ' Washington, look D.C., al jusl at legal willing and analysis, essayist, architect supreme naturalist the Euell Gibbons of his lime, eic. In short, old Tom preferred lo know nothing.about everything, rather than everything about nothing, which should make him N ■ ideal for a lour of the law school. * Tom arrived at ihc front of the law school and was lold by a member of Ihc campus park regular that he his horse the student parking area directly south must in Security one mile over the hills and dales. He protested, insisting thai an ex-president can park his horse anywhere he wants. However, ihe security guard was not going to be fooled by Tom's early American costume or lhorse. And Ihe guard did nol care if Tom was RichardNixon, he still had lo park in the regular lot. (Tom was lucky classes were not in session, or else he would have had .o go an additional mile lo the wesl and suffer the indignity of taking a Bluebird bus back lo the school.) Next year, if Tom should guace us withanother visit, the surrounding buildings will be open and ihc parking situation will be improved. Just land a helicopter on Ihe roof or parachute down. Il was a nice day so Tom did nol really mind the walk. As a matter of fact, Tom was impressed, being a naturalist, when il was pointed out lo him thai we are the only law school to have our own wild life preserve swamp trees and everything, bul animals. At this point, Tom was close enough lo appreciate ihe fine architecture of the school. He loved il! Bul whal docs he know, he designed the marble mausoleums of Washington, D.C. As Tom entered O'Brian Hall, a notice caught his eye. Il reported the rc-appoinlmcnt of Professor Adolf Homburger. I his law school tormentor, because he guess Tom did not want lo be reminded mumbled something about other bicentennial appoinlmenis and ran forhis horse, which seen had been ticketed. Mr. Jefferson was lasi on his horse riding into thc-sunscl. ' - —'Steven Errante Property Theft Most Common Legal SBA ELECTIONS SBA Ihe nation's -most common legal problems from damage lo or theft of personal properly, traffic tickets and purchase «Sf real properly, an American Bar Problem ar/sc . The national survey of the legal needs of the public was arranged by the ABA's Special Committee to-Survey Legal Needs and wus\ conducted by tfic National Opinion Research Centerof Chicago. The committee recently released data from the survey that relate to the issue of lawyer advert isihg. Il is anticipated thai a fullicporl on the su_^ey7Tt the committee in collaboration with-the American Bar Foundation, will'be available for ihc ABA's annual meeting in August. '■■, Randolph W. Thrower, Atlanta, commiltce .chairman, said data recently analyzed provide a factual background of legal problems and existing methods of solution for the masses of people who might be reached by lawyeradvertising. People arc most likely to find a ELECTIONS ' Monday and Tuesday March 1 and 2 :., ; VOTE! ' _, . v Association survey shows. The /study also shows thai persons between It he ages of 35 and 44 havemore legal problems lhafl any otherage group. It's your Student Government. Vote now or forever hold your peace. lawyer through friends, and relatives," Thrower said. "The telephone book and organised bar sources are the next most popular ways. About one-third of the population, who have used lawyers went to an attorney who was a friend. Of Ihc adult population, about 64 percent \ have used lawyers al least once." The data shows wide disagreement on lawyer fees-, with more than one-third of American adults believing that a lawyer would charge them between $21 and $30 for one-half hour., of consultation, 25 percent believing the charge wouiif be between $1 and $20, and nearly,.4o percent estimating a fee of more than $31. The recently released data analyzed thus far arc detailed in a special January issue of "Alternatives: Legal Services and the Public," newsletter of the ABA Consortium on Legal -Services and the Public. Copies of. the special issue may be obtained by writing lo: Editor, Alternatives, American Bar Association, 1155 E. 60ih Street, Chicago, Illinois 60637. _ . . .. . SBA Party - 3:30 7:30, Thursday. Feb. 26; Music .PLUS coin operated electronic games, pinball. air hockey and pool available .PLUS .in order to avoid runningout-50 MORE mixed drinks ordered 100. MORE Labatt's Beer ordered 100 PIZZAS ordered Held At: THE PIZZA SHOP in Wilkenson at Ellicott Complex (Amh. Cam.) VOTE! Price is FREE butThere will be no admittance without law school ID or schedule card! Students. Faculty, and Staff of Law School invited. s I �February 26, 1976 OPINION Public Hearing Held END OF THE BAR ComisM n eets on Great Lakes Basin Study The public hearing of February 5 provided a forum-lor our, a'rea-'s concerned concerns lor the environment, stressing energy conservation. The Women were dismayed that alternative energy sources wind .uu\ solar were nol considered in the report. Provisions were made for increasing .the number of nuclear power plains, and, Ihc League voiced concern against turning the Great Lakes inlo a heal sink and lor problems associated with nuclear waste cl jspo sa I. Similar apprehension was espoused during the evening session by NYPIRG. 1lie remainder. of the Hearing was dominated by economic considerations of ihe Study's suggestion lo lower the Great Lakes water level six inches. The Town of Hamburg is in favor of Ihis because a significant portion of the shoreline property owners' land investments are literally eroding away. The lowering ol the lake levels, however, is not without adverse economic repercussions. Buffalo would have to maintain the proposed diversion system through the Black Rock Canal. Also, if ihe plans were accomplished ihe increased discharge through the .Canal would prevent the continued use ol ihe ■Canahby lhe4iiMoric Black Rock Rowing Club. The American Sleamship Company. presented iis opinion ol Ihe unfavorable economic effects ol lower levels on ship transportation. Potential environmental damages were nol addressed al Ihis healing, but an environmental impact staiemt'ni was -prepare-cl by the Corps of Engineers. The controversial plan will undoubtedly .have >r lew .rounds helore il is represented. Representatives for Congressmen Kemp and Novak led off the Hearing with the usual perfunctory statements. The League of Women Volers was well informed and articulated its general The existing Framework Sludy will incorporate some of the views heard during llic series of public hearings held throughout the basin inlo ils final formulation. Il will be periodically updated and adopted as our contribution lo Ihe Comprehensive Coordinated Joint Plan between Canada and ihc United Sialcs. by Gary C. Newton Environmental Law Society Thursday, February 5, was Western New York mca citizens' last opportunity lo express their views an the Great Lakes Basin Framework Sludy. The Study, a product ol the Great Lakes Basin Commission, was .m ambitious undertaking compiling dala on available resources and present basin uses; ii also projected population and economic conditions and needs to ihe year 2020. A 27-volumc report culminated ihe 71/1-year, GYj. million dollar Framework Sludy. The Grc.il Lakes Basin Commission, chaired by Mr. Frederick O. Rouse, was established in 1967 by Executive Order under authority of ihc Waler Resources Planning Aci of 1%5. Il is composed of 8 Great Lake States and 12 Federal Agencies, including Ihe Department ol Stale because of Canada's mutual irrteresl in the Great Lakes. The Commission is broadly based' and emphasizes a regional approach to economic and environmental developments within the "basin. The delermination of future policies*■of- ihe Lakes area ii the, Commissions purpose. Local agencies, such as the Erie-Niagara Counties Regional Planning Commission, wiafVTtmelC with the Commission \AjpHr\ regional economic PublicT-elfrfrTg^Held siltecias- 16 rinlericGl .ihoyr vjw| of -the.. "Framework Study. Economic and environmental concerns were fairly well ' Dt=<K=MK=Ml<=MK=—m ■ .. [ ■ \ , HK=>lK_=__ Attention! All IMttientH, Jatultu, g*aff anft Alumni The April Ist issue of Opinion will contain a special four-page April Fool's Day Supplement. Everyone is inviled lo submil material of a suitable nature to Opinion. John Lord O'Brian Hall, SUNY Buffalo, Amherst, N.Y. 14260. This includes letters, articles, news, pictures. Unless requested otherwise, selected entries will carry the submitters byline. Deadline for entries for supplement March 17. Opinion reserves the right to edit all submitted material for length and content. Please note: deadline for regular mii. rial for Ihc April Ist issue is March 24th. — »*■ »» ■"■ »«ig-___«t_==_llC=--_l-=.l 9 by )cff Chamberlain . I Have A Dream "Norman ooh ooh ooh ooh ooh ooh ooh ooh Norman mm mm mm mm mm mm mm mm Norman; Norman my love ." - John D. Loudermilk It is no news thai there are a number of groups in our socicly which arc clamoring for heller treatment on the grounds thai they have been discriminated against because of unwarranted generalizations aboui race, gender, or other "suspect classification." Il is the purpose of this-column lo add one lo their number, by publicly calling attention to an oppressed minority who have not, until now, been included in the official Guide lo Oppressed Peoples. I refer, of course, to Normans. Charges thai America is a racist society with respect to Normans arc easily documented. Witness, for example, the proliferation of debasing, tasteless "Norman jokes." Norman-Americans are rightfully upset about such "humorous" anccdoics as "How many Normans does it lake lo screw in a lighibulb? Three: one lo hold ihc bulb, ,nu\ iwo lo turn Ihe ladder,' or, "What does il say on Ihc bottom of a Norman Coke bottle? Open other end." Il can hardly be denied lhat such insults larnish ihc name of a proud ,\nd intelligent people. But far more important than this has been ihc systematic repression by the majority of any vestige of a Norman ethnic or national identity. Normans as a group have been subsumed in the popular consciousneess within the acronym "WASP," an appelation whose opprobrious connotations are excelled only by ils inaccuracy. For Normans are not nor ever have been Anglo-Saxons. Furthermore, the fact lhal many Normans arc now Protestant only adds religious persecution lo the inequitiesinflicted on ihis long-suffering people. Normans arc simply nol allowed individuality the Norman heritage of few individuals is a mailer of common knowledge. (Despite his surname, there is a good deal ol doubt as to the racial purity ol any Norman bipod lo be found in former basketball star-Will Chamberlain.) Ihis denial ol identity lakes many forms. Noteworthy, although surely of less than seminal importance, is the fact lhal the prestige and wealth of the Norman peerages in Great Britain are at .v. all-lime low, while of course i. is well settledlhal Ihe position of Ihe United States against any formal peerage system whatever was really a barely disguised act ol anti-Noimanism on Ihe pari of the Founding Fathers. Historically, Normans have been depicted as a ruthless band ol marauders who simply drove off legitimate possessors ol land the Normans wanted for themselves. Ycl Ihis melhod of acquiring real estate is dislinguished from another, passionately defended historical episode principally by the choiceof weapons: Normans preferred baiile-axes lo trumpets (" and ihe walls came a'lumbling down ."). -■■*■■■ In reality, of course, the Norman homeland is not Great Britain, bul Normandy, on lhc coast of present-day France. Normandy the spiritual Mecca of Normans ihroaghout the world has nol been independent nor under Norman control for many hundreds of years, and any requests to restore Ihis counlry lo ils righlful inhabitants have fallen on deal cars. Jndced, such is ihe .ndifferenco-of ihe world, lo ihe plight of ihe displaced Norman people thai many Western counlries exalt as "heros" members of ihe military machine which, in May l'J44, ruthlessly invaded ihc shores of Normandy without so much as a "by your leave." Il is hoped lhal Ihe publicalion of Ihis article will further spur a New Awakening of Norman-Americans lo their ethnic, national, and cultural heritage. Members of ihe Norman Republican Army, the military arm o\' ihc Norman Liberation Front, are liberation in Normandy. Militant presently preparing, for a war of Norman-Americans have formed the Norman Defense League in support of the goal of restoration of Normandy lo Normans. More moderate groups, such as the Norman Anil-Defamation League, Ihc National Association for Ihe Advancement of Norman People, and the National Organization for Normans have been formed to promote ' .. r Normanism on various frontshere in ihc United Stales. Al Ihe law school level, the Associalion of Norman Underprivileged Students has petitioned ihc SBA for formal recognition, offices, lelcphones, and money to takeseveral busloads of law students to Albany for ihc legally significant educational purpose of petitioning the Court of Appeals lo gram credit for courses in Norman Law. Efforts arc also underway lo require the law school lo recruit its fair percentage of Norman students for admission, and the financial aids people are reportedly ready to approve affirmative action scholarships for Normans. But Ihe Norman Liberation Movement, presently in its infancy, is more than the struggle of one people to regain its identity. Il is ihe struggle of Everyman against the oppressive system; il is the struggle of each and every one of us to be accorded his rightful place in ihc society. We must all join the fight for the freeing of the Normans from ihc yoke of oppression will be one giant step for mankind on the long and difficult road lo freedom and justice forall. If you're not pari of the solution, you're part of the problem, forNorman liberation is all of us. We shall overcome. Give a damn. v ID REVALIDATION AT THE LAW SCHOOL THURSDAY MARCH 4TH (ROOM TBA) 8:30 A.M. - 2 P.M. To use any University service, you must have a VALID ID. CARD TO LHBH: HAPPY BIRTHDAY Love always, J. Ch ccver �February 26, 1976 OPINION 10 Estates Exam It Couldn't Happen Here? The following article ts reprinted with permission from obiter dicta, a publication of the Legal and Literary Society of Osaoode Hall Law York University, Toronto. Ontario. School, Canada: lan 12. 1976. On December 17, the Estates B exam was not written, The sludents arrived, prepared for a closed book exam at 9:30 AM but the examination had not yet been preparedby the professor. What happened? How could this have happened? What is going to happen to the students who refused to write the exam? It is necessary to not only look at the event in particular but also to examine what this incident means in a broader sense Pto the student body in general. On that day the students arrived and sat down in Room. 101-102 prepared for a three hour exam. The exam booklets were distributed but the exam was not ready for distribution. The students sat down to wail. Initially it was believed to be only aprlnling delay, as had happened for other exams, but it was soon discovered that the exam had not been completely prepared. Prof. Blanchard had arrived early that morning, Ihe morning of the I7lh, lo finish the preparation of the exam, only hours before it was scheduled lo be written. The students were angered and frustrated. Some bad exams to write the next day and expected to go home and finish studying for those exams. They could not wail until noon lo write the Estates paper. Others had lo leave to calch scheduled flights to their homes lor the Christmas holidays. Moreover the students had expected to write at 9:30 AM NOT at I2:00noonor whenever ihe exam would be ready to be ■written. This delay was the culmination point in the dissatisfaction with the course expressed by ihe students throughout ihe derm. The exam started coming down in pieces, one page at a lime, hut the studentl refused lo write ihe exam until ii was .completed and all parts o! il were in their hands. The majority of sludenis signed a petition stating that they would not write the exam at all when completed. No persons in authority were available during the early slaves oi ihe dispute lo settle the mailer. Four professors, Piulcssois Cullil\, Bucknall, Linden, and McCamus, arrived at the request ol the students to try to work oui a solution. The students were assured by ihcse proiessors thai at Ihe maiks meeting on January 20, that they would argue on behalf of Ihe si udchls 1 hat refused lo write ihe exam mi lh.it I heir results would not be harmed hy ihe absence of a mark in ihe Estates course. Three possible options weie presented to the students. 1. lo get aegrotat standing in the course which would not affect the students overall average. The aegrotat standing appears on the transcript as aeg. I here is no explanation as to ihe reasons lor Ihe aegrotat attached to the transcript. 2. To gel ,\n average mark based on their performance in theirother courses. 3. To write Ihe exam al 12:00noon lhal day. If the student's performance on the exam was poor (as a result ol the morning """disturbance) ihe student would then receive an aveiage mark, not ihe exam mark. The exam mark -vwui count only il ii was higK Ih. ii siikicni s average ~Mik luci l\ !«" -lujcnis -i.i lid to exam, several left alter uulc Hit. bin seeing Hie exam paper. Only ihieieen sludenis finally wrote the exam. Those thai left felt that the exam did not fairly reflect the material presented during the k-ini In the course. Piolessu' Mc Camus to all the students in senl oui lelteis on December 11 io explain (ihecouis. whai would happen al the marks meeting, repeating the options"related earlier on the day of the exam. It is likely thai the . decision at that meeting re: the marks will were In ihe right lo leave the exam. Why system to" work. When it doesn't, follow one of ihcsc options. Any olhcr should ihey have had lo participate in such mini-chaos results. To prevent a repeat of -MLined to hand in this type of error, it is suggested thai decision could only result in protest by the a fiasco? Proles- 1 exam- four exams be handed into the registrars office students in the course and added lhe completed prepared embarrassment to lhe administration. In days before lhe date scheduled for the at least two weeks prior to the exam spend a period. This is the usual, practice at most do lhe end the students will .probably be exam. Mosl professors .treated fairly. But why did this happen at considerable period of lime preparing an law schools and universities. The Mis nol possible to blame any one exam to fairly lest lhe material covered in administrative bodies that ensure the person in particular for Ihis fiasco and lhe course (some better lhan others). What secrecy of exams surely can keep the no one person should be blamed. Bui lhe arc sludents to think when the professor is exams hidden for yet another 10 days. At incidence cannol be shoved under Ihc preparing the paper the day of the exam? least, a lengthened period should act to carpel and ignored. Look at Ihe exam in How good is lhe exam going lo be as an prevent a reoccurence of this mishap. The general as part of the whole evaluation evaluative instrument if it is made up al the administrators would be able to check up system. Exams arc usually nol an effective lasi mlnule? The F-tidies exam was an on those professors that had not handed in incident. tor students, a prepared exam and there would still be evaluation of a siudenfs knowledge or unfortunate and lhe adequate time for the professor to prepare understanding of a course. A Ihrec-hour staff, the professor involved purge of incmori/ed and semi-analyzed administration, lhe blame cannot fall a well-written, well-thought-out exam. Blanchard. Individuals material docs not prove that )oc Sludenl is solely on Professor The Estates exam was not written. going lo he a competent lawyer in lhal area participating in the system of an institution This event should not be forgotten but be of law. Some students find exam-wriiing arc not infallible. Human error does occur. remembered as an unfortunate incident, a very difficult cither because they are nol This is nol offering an excuse for the human mistake, a breakdown of the fast thinkers, despite a knowledge of the incident. Bui sometimes things like this can system. It should not be blown out of Then been for one reason or another. happen course material, or as they have nol proportion. But it should not happen [rained in exam-writing skills. Other look al the system1 Unfortunately we are again, especially if exams are to be the sole pari of lhe Osgoodc syslem while we work sludents simply cannot write fast evaluative process in the majority of lo gel all the material down in lhe allotted or attend school here (despite attempts by courses. system). disregard the lime, especially when the exam isovcrlong many of us lo by Judy Wahl lo bejjin with. Second and third year Especially al exam time we expect the sludcnls oflcn write exams two or three in succession, a very tiring process that probably results in reduced performance on lhe last exam in the scries, Some sludents simply find exam-writing a strain on their nerves and. perform poorly as a result ol their own paranoia. For any one of a number of reasons some sludcnls will never he able to achieve high marks, or in some cases, even "good" marks despite competence in lhe course material. by Linda Enke Professors as well as students have argued thai to oiler alternative forms In an attempt to light the apparent attack on student services by University of evaluation would Increase the-already heavy workload un the sludents. I President President Keller, UB students have formed a task force which is considering a Alternative evaluation would also increase |packet of petitions and letters supporting the services lo the State University Board of the professors' workload, preventing Trustees and lo SUNY-Chancellor Ernest Boyer. Ihe task force hopes lo solicit help from studentassociations in the other SUNY him/her from doing the research and reading necessary to be an effective', schools so thai ihe issue of student services becomes state-wide and not a "local knowledgeable teacher. Exams have been Iproblem." The hope of students working on the task forceis that the Board of Trustees praised as a posilive evaluation tool as will be more responsibe lo this issue lhan Dr. Ketter. This hope is based upon the position sludents are forced lo do a complete iwhich the Board took regarding the UB Birth Control Clinic several yearsago. review of the course and lo lii all Ihe disparate parts together in a cohesive Cavagc Complaint whole. On the olher side, exams are Ihe catalyst of this concern has been the law suit filed against the University by crilici/ed as being a negative learning Carl Cavage. Mr. Cavage seeks the closing of the SA Record Co-op on the grounds that it experience, as sludcnls prepare lor an competes with private enterprise. President Ketter has stated that should the exam and promptly forget lhe material unfairly University lose the suit, he would have to close down other student services. Thisaction is after the exam or are unable to apply lhe the College Council, according to Steven Schwartz, SA Director of Student material lo aciual situations. This will supported by Affairs and non-voting student representative to the Council. In action related to the continue lo be ,m ongoing argument as Cavage suit, the Student Association is seeking to be named as a defendant in the case. long as 100 per cent final exams are the Student representatives who witnessed the preliminary court proceedings argued that the primary form of evaluation in a majority of Record Co-op should be represented'by its own attorneys since one cannot assume that" HtiiiM's ai Osgootle Hall. Whatevoi (he argue the case in good faith. Support for this the lawyers of the j;:'imeii|s pin and con ie: exams, lhe charge was substantiated by the facfthat University lawyers were obviously unprepared accepted practice ol evaluation as of for the preliminary court proceedings. December 17, 1975 was 100 pa cent President Ketter has formed a University-wide committee to define student services finals. As this was the case, it can be and to clarify mandatory fee guidelines. Representatives of the various student assumed.lhal since lhe administration puts governments have generally agreed to participate in thiscommittee although they do not such an emphasis on exams that the believe that Dr. Keller will be influenced by the committee reports if they do not sludcnls should take the exams seriously. coincide with his views. The students feel that a student boycott of the proceedings Mosi students do prepare for the exams would weaken their case with the Board of Trustees since their basic argument will despiie midterm laziness. There are certain revolve around Ketter's probablerejection of the findings of his own committees. Student expectations lhal the students have come support in not unanimous on the issue of committee participation since many students accept to with exams and the students feel that President Ketter has no right to establish guidelines for the UB campus. They woik lo lullill these expectations and, at argue that the guidelines, if established at all, should be established in Albany. leasl, pass lhe finals, lhe Esiales exam was Despite students' Pharmacy Controversy no exception, dissatisfaction with the"course during lhe lerm, they arrived on lhe 17th In a related issue, Sub Board I, Inc. has voted lo hand over the license for the Sub expecling to write a closed book exam. Board pharmacy lo ihe Administration if Dr. Ketler will agree to release funds for the How seriously does the administration and pharmacy. As a result of the controversy over the license to the pharmacy, billshave not faculty expect the sludcnls (o lake the been paid lo any of its creditors. Complaints against the pharmacy also came from private enterprise in the Buffalo exams when ,\n exam is nol ready until Vh hours after-the lime scheduled for lhe community. Spokespersons for these businesses argue thai since tax money supports the exam? Did lhe sludcnls overreach to the very existence of the University, it is.unfair that student-run businesses compete with situation? Probably not. Under lhe them. They stress the fact that these student enterprises do not pay rent or electricity circumstances, when exams are held lo be since they are located in state facilities and that they do not pay union wages to their such„serious affairs, when such.great care is employees. taken lo prevent cheating, and when ihrec The position against student services seems much stronger in Buffalo lhan in other months of work is to be evaluated in the SUNY schools. Students al the other schools fear, however, that adverse "rulings in single three hour period, lhe students Buflalo could set a dangerous precedent for their own services. It is 'this fear which will reacted only as ihey could have in anger, most likely make the issue a state-wide one, with sludents from all SUNY schools in frustration, in disappointment, They appearing in Albany this spring. . Student Services Threatened - - < ' • �February 26, 1976 11 ;-'ii7,'v. ■■^^^^■^■^•^■■^^i^^^— ""i^«""«^^^^""«^^^i"^—^^^^^^«-.-™-«^^™M__—_J v i & , 9,,,,.i. 'Ot . ~.,,* . ' M J ,■. ■ ■ ,„,,. .. - - 7,1'.i/4st.ip"""' ,* re. ,u,| as >'|U ' rtl "■''"""*' I".-, ho.'". ...'»V ."-< „„ „J K...W" ol Ml"? »i fcWT. condc.UniliS- e loreign l""K> hal «<KOlOl_ll>| P" Mhiw L ,„i year .n l' polity ..£ P'' .'Peicc k and uj Prof. Ch..ms_s Middle t...si; 0«" IW)ri Much has" Nal'aanhood, ol U on BlicJ Mppcmd STO MM k; ta loovhi.* upon l«*»" »»' io.e.esi... leciu. he |„d ol Ivaei, d ««> Am_""' V H ■ ■ *"» 'fLe * " ■ v, ■" J *■" ,„, ,l which K -v fjcl ih,.' wt . . ,. . , the ny ~.;„„ LO ,p thcs. 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It see* .I*llas one hody in a Rieaiet ...ntCdeialion of Aiah slates. irhi. p.isil...n ol ihe P.L.O. causeChon.slv lo comparei.... ihe Kui_iinlanB in Ch.na sshKh ceniually Ba.c way lo a truly nanomlisl mo.em. I, See "Peace In Ihe Middle l_a,l''| Uniil b.slh sides.call/e olhe.S „«_.,„ csis, a, a nalional enl.ly, -peowess lowa.ds ~c is an ,_ ' mp, i " "" " si '""'""""■" wnin " - ' I a ,„».,„„„. ''■ »i ~,, ln« ihc Palesimians ';.;;"„,',' ,'j,.,,*,.„„.,; ■ he Lapps <■■''' i 1...m,1, _,yl.i n..i andci n - to lurm .1, .. ~! 1 U.nc ».«« oaHra _«.. haw ,n_b_a V,.h «"""" P.,i,...i»»""; V ihan ihc „l ' , ,„,,cd I" «« »•"• '' ~„■ Man W_l««'k '" 'p" .'„, ,!»•.. lo.nll *."' , I ' '' ,ltl tH __*een ""' *"'" " „^sl_V_'l '.P. C '° ,„ I „ ,l..p.'c *>* ""* He...„„,„ „„L"',|,c !ha>.-", ,„„,„-„ w.11.T0 ■ u has un"* Lln""'„'V„ "'"'. 7r P \."' - ,~ , '''''"'*'V',"7',,. ■*,v •' ~ r l** "-*.«" l '""t ; '""''"7 UJ Ml "",'',!. '>;'""'". J fan*" in '*"'?" H» "f ""'i -"* --------',h,>sr "'■».•*"'" n.imari a I' n*"'- " ""/J parte. m\W\\ \\\\\\. 1. # „,„I***-*"" ict.l.*. B| \t '-***' "I-S„, *"*,;. _■ ihc #\» *"I""" '*"? withh.swo.Ws """ chomsL v ~.d<P'.■.'• *'~'L, „ ,.,r,s on <«-ih. •" • ' . . ,„.. '• , 1 ,'*'" , ■ ■-* . V.»wU.slin.i*"' UV mS nfid f,uL N"J,TI |,tll.L ly. X _-T. Bfite^fcL!" '' Vision 7 •■.."•*> ■ ■ ,-• s : 1 at „• The Law School newspaper sat in the hall, The old senior staffers had a great fall. Now all the new students, the women and men Must help put OPINION together again. • MeetingWednesday, March 4, 3:30 p.m. \ i \ . ** �OPINION 12 Opinion SPORTS The Heck With Meek and bets will be returned. If there are multiple defendants you can play parlays or by Lawrence M. Meckler "The only exercise I get is jumping to conclusions." - quinellas. Contempt violations will now be punished by 2 minutes in the penalty box. If a lawyer/is stunned by a witness' testimony, instead of a recess there will be a 20-second Graham Cohen I injury lime-out. The jury pool will now be called the Taxi Squad. Instead of appeals, there will now be protests. Demurrers will now be considered forfeits or TKO's. Who stole my book? In one of the most dastardly crimes of the century someone l The Designated Lawyer Rule will be effect for 3rd Circuit cases.. Lawyers who stole my Ethics book. The humiliationand outrage I feel at having my Professional Legal just for that phase of the Responsibility book ripped off by presumably a fellow coHeague has soured me on the, specialize in certain areas such as-polling the jury will come in case. legal profession. J I here will be a scoreboard to keep track of the evidence. If an objection is Therefore, lo get me back in the fold, law needs to make a change. Most cases are boring. The same old crimes over and over again. Attendance at court proceedings is going sustained, the Big "E" will light up. We will now have Monday Night Trials with Frank Gifford and Howard Cosell down. The outlook is bleak. There aren't many good criminal prospects or judgescoming up from the minor leagues. The way to gtt the legal process hopping again is to bring the ..(doing the announcing. The scrub cases will have someone like Dick Button at the mike talkingabouf the double "HamiM"-Camel. > sports world into the courtroom. The national anthem will be sung at each trial except for political trialswhere the We must get fans coming to the trials. A good start would be the idea of -" promotional gimmicks such as Bat Day. Except, instead, give out free judges' gavels to the 5singing of Ihe anlhcm may prejudice the jury. At ihe start of every legal season, the President will throw out the first indictmentfirst 100 spectators or freehabeus corpuswrits. The trial will start with a coin loss. The winner gels his choice of giving ihe opening iand the bailiff will yell "Play Ball." There will be a chart with lawyer standings. Wins, losses, mistrials and in William statement first. The loser picks ihc side of ihe courtroom he wants to face. Vendors will be going around selling hot dogs and beer. There will be picture taking \Kunstler's case, contempt citations will be listed. At the recesses of the trials there will be half-time shows. Youngaspiring criminals sessions with the accused criminal. Star witnesses will autograph subpoenas forihe fans. will participate in a Rape, Mug and Run contest. Mock Trial Technique students, with Spectators will be allowed to bring in banners and root for their side. ] The instant-replay will be brought in especially for" such high moments as when a mock suits, will engage in a mock trial with a mock judge id a mock courtroom with a witness points out a criminal or a judge falls asleep. We will have slop-action isolation mock juror, also as part of the half-time festivities. Hopefully, someday by bringing the sports world into the legal process, there will hoping to catch the defendant squirming in his seat. Gambling will be introduced inlo the adversary process. There will be a morning be a Lawyer's Superstars Competition. Such events as Speed Sheppardizing, 500 Meter belling line on each defendant. Factors to lake inlo consideration in determining the Downhill Cite Checking and the Martindale & Hubbel Obstacle Course will make that odds are previous convictions, whether the defendant ran on a fast or muddy track and show great family fare. A Criminal Superstars Competition would have to include such who the jockey, or in this case the lawyer is. Sharp bettors will be watching out forihe events as Committing Perjury before the Grand Jury, Safecracking and Hubcap Swiping. Some parting words with respect to the theft of my Ethics book. The only clue I possibility that the defendant might be moving up in class, say from petty larceny to an FFA or slakes crime, such as rape. If a defendant cops a plea, Ii will counl as a scratch 1"have to ihe identity of this fiend is that he must be a hockey fan. I don't like hockey. • * ' .' . r r t 1 s c The Magic Act by Myles Elbers The next opponent was On The Rocks. They were pre-season favorites tochallenge The intramural basketball league will have concluded by the lime this column is Red's Boys for ihe title. For this crucialgame, the WFL nearly did fold. Wandel had first temporarily suspended for a training published. Once again, Red's Boys have won the league championship. Usually, attention .year-tension and opted to sludy. The Meek was is paid only to Ihe winners, but here we are going lo lell you about a great bunch ol violation and Achtsam didn't show. Rumor was that he was afraid his string of H's might stop. also-rans: the WFL. Against these overwhelming odds the rest of the WFL fought courageously. Sporn WFL was a fitting name for this group. They appeared to have no chance for success and would have folded before the league started, but for some last-second and Carr battled the taller opposition off the boards. Ginsberg turned inlo instant player financial support. Their beneficiary wants to. remain nameless. This is guile and played hishcarl oul. Elber hit some bombsand Usher turned into instant offense. He understandable considering what he invested in; he does not want his sanity challenged. broke ihc team and league record for mosl shots taken and most foulscommitted. After The WFL was an offspring of the dcfuncl Flyers. The Flyers were an unsuccessful the game it was discovered lhal Usher had in fact become the first man in leaguehistory Usher venture in last year's league. Their record was 3 wins and 5 losses, but one of those was to commit more than five fouls and argue about every call. Those who know say the result of a forfeit. Reliable sources tell,me that the opposition had showed up wilh had lo be righl. He has Gd on his side. The WFL .lost its first game, but their solid performance kept up their confidence. only four men. The Flyers realized the potential embarassing defeat and graciously Because of their fine early season play, they were scheduled for the second half of the accepted victory by forfeit. Most of the former Flyers signed up with the WFL. Tje WFL also made some key doubleheader, the nationally televisedgame. Their opponents, however, a team called the additions. They had a shrewd coach named Larry Ginsberg. Off the waiver list they Soffermans, failed to show. What a down it must have been for the vast television picked up the lean and mean Andy Tolko.f. Their big move, though, was a gamble_They audience to see the resurgent WFL in action. Thousands of letters poured into our office signed Larry Meckler to a lucrative no-cut contract. Mecklerhad the makings oT a good cursing the Soffermans. What is a Sofferman, anyway? player. He could run and jump well and was a tough city ballplayer. To the uninformed, The next game marked Ihe highlight- of the WFL season. Usher left the team on a being called a city ballplayer means you have a lousy outside shot. This was true of the sabbatical. The Meek was now a starter. The opponent was the Ambulance Chasers. legs. money? had bad Was he worth all that Meek. But worst of all, the Meek The Meek was understandably uptight and did little to contribute to the success of The draft of incomingplayers provided a promising guard named Jeff Wandel. More the team. However, Achtsam was playing an incredible game. Outrunning everyone and importantly, Jeff reinforced the one element the team had on theirside, G-d. How could shooting like a pro, Achtsam, the smallest man on the court, dominated the game. The -, WFL held a 5 pojnt lead with only thirty seconds lett. I hen disaster! lurttovers, misSed a team lose that had a backcourt wearing yarmulkas? The returning veterans wer,e hopeful. Their big center, Jerry Carr, promised he rebounds and the game was tied with only seven seconds left and the Ambulance Chasers would stop trying to learn to dribble during a game. Usher Fogcl, a fine half court player, had the ball. They hurried to get in position for a good shot bul missed. But the Meek had a revelation that there was more to basketball than shooting. Howie Sporn, the tough had fouled the shooter. Two chances to lose and, for the first lime all year the WFL strong forward, looked backetball than shooting. Howie Sporn, the tough strong forward, showeSsigns of dissension. looked figured the year of exposure would help his shooting. And Myles Elber promised BuTthe old choke; two missed foul shots and into overtime they went. to concentrate on the game and not the point spread. The overtime was exciting, though poorly played. Elber, believing he still could Sadly, the season started much like the last one ended. With little more than two play, (fribbled around and forced a shot that missed. Probably,-because no one believed minutes gone, the WFL was down 8-0. Their financial backer was cursing his stupidity. he would take such a dumb shot no one went for tne rebound except Elber. Then, pop. Ginsberg had second thoughts about picking his starting five by foul shooting. Their top Game tied and into suddendeath pick hadn't shown up and the Meek was 6n the bench. But suddenly, they started to play The AmbulanceChasers Won the tap. Meek's man beat htm and was driving towards well. Carr swept the boards and started the fast break. Usher snuck away for Lay-ups. Achtsam and Elber started to score from long range and Sporn was a rock on defense.. the basket when Carr ahd Elber blocked his path and deflected the ball towards Meek. Meek grabbed it and flew down the court. He wa. double-teamed, but with a flash of The game was theirs, a romp. The bench came in and pocketed the lead. Ginsberg lit his victory pretzel early. He explained lo the team thai they probably i greatness he faked, turned around, shot and scored. Victory! But the Meek was on the floor in great pain. What a classic picture. The great price the Meek had paid for victory. started lousy because they were self-conscious about being the skin team. Looking at Yes, the Meek had lived up to his prtf-season hype. He struggled to his feet and humbly their pot-bellies that was understandable. accepted his teammates' congratulations. Sweet success. The team was enthusiastic going into the second game. This was quickly tempered The story ends here. The next two games were disasters. Carr was sick and missed when they found out that the ball they were playing withhad no grip. The ball, aided by the refs, turned the game into a circus. Turnovers dominated this fiasco. But amazingly, both games. Sporn played valiantly at center but received little help. It didn't really key by Sporn they and behind baskets and Carr held on to a some i matter. The worst they could do was finish at .500. They hadn't folded and despite the the WFL kept its cool narrow two point victory. Ginsberg wanted-a raise. The old veterans really believed they lousy balls and the lousy calls, they had lots of fun. ,' P.S. Benny the Book's bookie stiffed him. had a good team. They could taste the extra playoff dollars. . .; - , ' _ . -- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/26/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bfd98f309f6e4df2b2bb9f242ccab34a.pdf cfb737a5f41ca15652fbbb05f068f37c PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion VOLUME 16, NUMBER 7 On Friday, March 26, 1976 the UBLaw Alumni Association held its 14th annual awards dinner at the Buffalo Athletic Club. Awards are given to outstanding alumni in the catagories of Judicial, Public, and Private serviceto the legal community. The ceremonies were held immediately following the coctailhour and dinner. The Hon. Gilbert H. King accepted the Judicial Se r vice award. Given in recognition of 14 years of service on the Supreme Court, Judge King's other achievements were noted: town attorney for nine years, administrative judge for the . Bth judicial district and yearsof activity in local lawand politics. In January 1976, the Erie County Trial Attorneys Association gabe Judge, King their Award for the Outstanding Jurist. He is a member of the UB Class of 1930. A member of the 1950 class and past president of the Erie County Bar Association, Joseph P. Runfola received the award for Outstanding Service in Private Practice. Looking tan and healthy as he recovers from cardiac surgery, Mr. Runfola warned the judges and attorneys present that he is about to re-eriter their courtrooms, ornery as ever. _ (Cont. on P. 7) Alumni President HaroldBrand withaward recipients (I. to r.) King, Runfolaand Homburger. Robin A. Skinner On Monday, March 15, 1976, Dean Monroe Freedman of Hofstra University Law School spoke to about 250 students on the subject of lawyers' ethics. Mr. Freedman began by taking an .extremely controversial position (as evidenced by student response) with respect to the degree to which the lawyer-client privilege of confidentiality should be extended. The situation which he described included a mentally unstable prosecution witness in a rape case. As the lawyer representing the witness, he had reason to believe that she had fabricated a substantial portion of her testimony. Revelation of that fact would have been a serious threat to the mental health of the witness, but concealment of the information meant that an innocent man would spend up to eight years in prison. In the interests of his client's mental health, Mr. Freedman did not reveal his knowledge. This raises some serious ethical questions. Mr. Freedman believes that confidentiality should be violated only in extreme circumstances, e.g., where an innocent person will die as a result of the silence. This is based on his own conception of what is most important in our system of values. He suggested that the search for truth is not the most important function of the adversary system,and that the rituals of the system are crucial in lending dignity and humaneness to the ap*W*tion. W. FtMdmar. _Vent so far as to _ PAID Buffalo, New York Permit No. 708 __ nner cb; APRIL 1,1976 Committee to Restore SUS by Connie Farley The SUS cut was the most direct blow A student group has begun a campaign for restoration of $2 million in State University Scholarship (SUS) funds for professional and graduate students cut by the State Legislature. The Ad Hoc Committee to restore the SUS friS proposed a one-day Law School moratorium on classes to provide students free time to lobby in Albany for restoration of SUS and to organize continuing local opposition to the cuts through workshops at the Law School. The committee will only hold the moratorium if more than half the students sign pledges to abstain from classes, but organizers were optimistic late last week that the necessary numberof signatures would be gathered. Whether or not a moratorium is- held, committee members say they will probably organize a major lobbying effort in Albany early this month. Elimination of the SUS, coupled with a tuition increase from $1,600 to $2,000 per year, will cost law students who would have qualified for SUS an additional $1,400 per year. There are presently 273 law students receiving the full-tuition scholarship which is awarded to graduate and professional students with annual incomesof less than $2,000 More or Less Ethical by U.S. Postage State University of New York at Buffalo School of Law Alumni Honor Three by Carl S. Heringer Non-Profit Organization suggest that the idea that the system serves the search for truth might be considered a myth, and pointed out that lawyers are often required to do things in theinterests of their clients that directly interfere with the finding of the truth. The system is equipped to handle perjury in criminal defense situations, he said, even to the point of allowing the defense attorney to remain silent whenhe knows that his client intends to perjure himself. There seem to be some problems in Mr. Freedman's justification of his position. First, while the system may be equipped to handle perjury by a criminal defendant, it is not similarly designed to deal with perjury by a prosecution witness, as in the case described above. Mr. Freedman himself acknowledged that there are times when a Robin Hood principle applies, and the attorney must do what is right, even if it is "outside of the rules." Also, as was pointed out by Mr. Freedman, the result of a successful prosecution is always terrible: a human being is locked up in a cage like an animal,and it is inevitable that he will come out a worse person than when he went in. In light of these admissions, it is even more difficult to justify the position suggested. However, it did provide some lively debate. Much less controversial was Mr. Freedman's presentation of his views of the advertising restrictions on the legal profession. He cited Cannon 2 of the Code of Professional Responsibility as creating a •dbty for attorneys to-pri>*4_'tonfctafnt' - — Skinner and affordable legal services to the public. The advertising restrictions are exceptions to the implementation of this general principle, he said. There are some exceptions to the Disciplinary Rules which ban advertising. However, Mr. Freedman noted that the effect of these exceptions is to draw a socio-economic line such that rich attorneys and large firms can participate in thelimited advertising that is allowed, while the solo or small firm general practitioners cannot. In addition, the advertising consumers are large corporations and therich. The result is that those who most need what the advertising of legal services can offer, the poor and middleclass, don't get what they need. Mr. Freedman is the author of a book titled Lawyers' Ethics In an Adversary System, which is available in the Baldy ttoWtoiw. "■'•' w.M.... to the Law School in Governor Hugh Carey's austerity budget, which slashed $30 million from the SUNY budget. Faculty lines are already frozen and there will be no increase in funds for the law library, whose acquisitions budget was cut last year. Dean Richard Schwartzreported that the 1976-77 entering class will be held to about 255 compared to last year's 385, "as a response to a continuing situation [of austerity] rather than the immediate temporary problem." The target of activities during the proposed moratorium is the State Legislature, which has the power to restore the cuts in a supplemental budget expected to be passed by the end of May. The proposal, endorsed by the Student Bar Association (SBA) Executive Committee, calls for lobbying in Albany and workshops at the law school aimed at organizing support from alumni, the local Bar Association, legislators and other students. The Ad Hoc Committee would also like to publicize the impact of the cuts through the local media and investigate possible legal action. With or without a moratorium, the message the Committee hopes to deliver is that the loss of the SUS makes a professional education for children of the state's poor and middle classes virtually unobtainable. Although Work-Study, National Direct Student Loans and New York Higher Education loans will still be available, it is feared that the increased demands for such aid will reduce amounts awarded. The SUNY Board of Trustees announced March 24 that SUS restoration will be a "top priority" item in its supplemental budget requests. But whether the legislators will respond favorably is anybody's guess, according to university officials. SUNY Buffalo President Robert Ketter told Opinion that he is optimistic about- SUS reinstatement because of the trustees' stance. However, he added, "If the Division of the Budget says no to the $2 million, we're going to ask for the option to take it out of other items currently being funded." Ketter would not say for the record what items might be sacrificed. SUNY Assistant Vice-Chancellor Irving Freedman was less certain. "It's difficult to make something like this tangible to the legislature," he explained. "They can understand if you show them a building they'll say they want that building back. But something tike the SUS is more difficult." Freedman said that at present, some $600,000 from money already in the university coffers has been earmarked for tuition waivers for the neediest graduate and professional students, subject to release by the legislature. "But that still leaves us $1.4million short," he said. Another SUNY Central official who asked not to be identified suggested that student lobbying and tetter writing probably could make a difference in the - legislature. SUS (CPNT. P. 10) �April 1,1976 OPINION 2 ours yours OPINIONS No Joke SUS Ad-Hoc Save this copy of Opinion. Put it/fh a locked, dustproof room, and remove it only for nostalgia and historical exhibitions. It may be the last issue you are likely to receive. It may be the last issue. Our publication schedule calls for another issue prior to finals. Traditionally, next year's editorial board and staff handle that issue, under the supervision of the past year's group. As of now, there is no next year's group, and hence there is, as of now, no Opinion. This is neither promise nor threat, merely fact. Newspapers have served a vital function throughout American history. While we claim neither the investigative zeal of the Washington Post, nor the reporting depth of the New York Times, we firmly believe that our existence serves a valid school function. Opinion remains the sole forum where every student, faculty, staff, or administrative member has the floor, and is free to voice any idea> any criticism, any opinion, on any and every issue vital to school and to "real"life. Opinion requiresno exam, no contest, to be available for you. All it takes is a desire to be heard, a point of view to be aired, a statement to be made. Opinion does not appear by magic every few Thursdays. Hours of work must go into the editing, proofreading, layout and final distribution. That takes an adequately sized staff. The lack of such prevents the presentation of more issues, with a greater variety of content. Working for Opinion doesn't offer three credits ... it probably doesn't have the resume impact that Law Review or Moot Court seem to present, and it doesn't pay $3.50 an hour. What, then, does Opinion have to entice your involvement? Opinion offers a service to the entire Law School, its alumni, a long list of law schools and other organizations. Each issue, as it's picked up, read, and discussed,offers the satisfaction of a job well done. Unfortunately, these ideals no longer seem to motivate people. The larger the student body grows, the more lethargic it becomes. Beyond the quest for the almighty "JOB", students have no interest in the here and now. Those running for SBA office, for the most part, didn't find it necessary to publicly display their views. No cause, no ideal, offers any motion to the bodies in the halls of O'Brian. Opinion feels that it gives a lot to the school. Our Scope has expanded, even as our resources have diminished. We offer news stories, reviews and columns, both heavy and light. There is constant input from Placement, and the start of the long-awaited(?) administration Q & A column. There's even sports. Contributions from every organization are welcomed. There is something to interest everyone, to stimulate someone. Yet, students rarely fill our letters column, and the faculty never. We deserve better than that. We're not perfect. There's room for greater improvement next year, just as we hopefully made strides over last year. We know and you'll see that Opinion will be missed. Just wait until next year. To the Editor: The legislature in Albany this week has eliminated all SUS funding. In addition there is a proposed increase in tuition for professional schoolsof $400. What this means for the law school is that 273 stvdents o7 one third of this school face an effective $1400 increase in tuition next year. The government argues that the budget must be cut, and that educationis a "soft" priority. These cuts though ju tif6ed as austerity cuts, are in effect political measures. The stated goal of New York is to make costs of higher public education commensurate with private education. It was tax money of all the people in the state that paid for this university, and we will be paying off the debt on this White Elephant for the rest of our lives. The taxpayers were sold on the bond issues with the promise of inexpensivehigher education. That promise is a lie. We paid for this plant; now we can't afford to use it. The people that will be able to use it have been able to afford private educat on all along. What has been acocmplished? We have been ripped off royally In a crunch the government cuts back in those areas that have the least political clout. Clout for the legislature is money and votes. As a class students don't vote and don't have much money. Eight thousand students demonstrate outside the capital and the people inside won't bother to look outside theirwindows. This is no time to be resigned. It is a time to be angry, and more organized than the opposition.Groups are forming all over the state to deal with this matter. Be prepared to give your support to a call foraction. The Ad-Hoc Committee ToRestore SUS Glick To the Editor: If anyone ever takes the journey to the seventh floor of the Library, he will be greeted by what appears to be the loading dock of a paper factory. Our school is a depository for all briefs filed with the Appellate Division. Many of these briefs (100's, 1000's) are currently-spread all over the floor. As such they are totally unusable, since they have not been sorted in any way. In addition, this creates both a safety and health hazard. The school should do something to help clear up the problem. No Joke II Richard I. Glick As this issue went to press, Registrar Watlin, on bis own authority, cot-thehours'of the third floor administrative offices. This change is said to be temporary, lasting at least up until final exams The new hours (Ipm to 4:30 pm) are an experiment in contemplation ofpossible staff cutbacks due to the budget crisis. Please address all complaints directly to Mr. Editor's Note: Thismessage was found in the Opinion mailbox. We are offering a reward for information leading to arrest and conviction. Wallin. FREE: USE OF EXCELLENT PHOTO EQUIPMENT AND DARKROOM. BECOME AN OPINION PHOTOGRAPHER. INSTRUCTIONS INCLUDED. CONTACT: 634-2107 OR ROOM 604. VOLUME 16, NO. 7 Opinion... . ,-.... , Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie April 1,1976 , Staff: Lawrence M. Meckler, Myles Elber, R.I. Glick, Abbott Gorin Jeff Chamberlain, and Steve Errante. CONTRIBUTORS: Barry l-ertel, Connie Farley, Howie Rosenhock, Sam Kazman and Maine Espenscheid. Special thanks to Linda H. Heringer contained Copyright © 1975, Opinion, SBA. Any republication of materialof herein is strictly prohibited without the expresswritten consent the Editor-in-Chief during the academic OPINION is published every three weeks, except for vacations, York at Buffalo year It is the student newspaper of the State University of New Buffalo, New School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, those of the 14260. The views expressed in this paper are not necessarily York Editorjal Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. collectively by the Editorial Board. Editorial policy of OPINION is determined OPINION is funded by SBA from Student Law Fees. °* R Csfo ck if U Ev« want To See your E**\€i oo* b Again Le-e Pothole ,RW ,„ the fi^ o„ CLEVEUNDDR Tuesday, Night Protect Yourself �OPINION Balsa OPINION Open Letter to the Law School We, the minority studentsand members of BALSA, have not previously taken an opportunity to address the law student body. We feel it is appropriate .for us to become more visible in view of the situation at the law school. In this article, we will attempt to explore some of the shortcomings and problems at the law school with respect to minority students. It is necessary for these problems to be considered because they ultimately affect the entirelaw school and legal education as a whole. In oUr silence we have observed current policies by the administration which make the academic life of a minority student very difficult. The law school has given the impression that they are sympathetic to minority needs and that a viable program exists to meet these needs. This is not the case. In the past, a tutorial program existed for minority students; it was abandoned as ineffective. It should be known however that: 1) quality of the tutors was not sufficiently investigated; 2) there was no effort to discover theineffective aspects of the program and remedy them; and 3) insufficient funds were allocated to insure success of the program. Inotherwords,this program was destined for failure. A minority committee, consisting of faculty members, exists to aid minority students in their experience at the law school Aside from a couple of well-meaning members, the committee is ineffectual and a total failure. The committee rarely meets and when it does there is a poor showing. Even if participation were higher, the minority committee lacks power to resolve grievances and is not fully knowledgeable of administrative policies and procedures. It is not clear if the ineffectiveness of the Libertarian Urges Heroin Legalization Gary Greenberg, chairman of the Free Libertarian Party of New York State and a practising attorney for Legal Aid in NYC, addressed the law school last February 27th on the topic of .legalization of heroin and other narcotics. Mr. Greenberg urged legalization on a number of grounds, beginning with the ethical principle that people are competent to lead their own lives and should have the right to do so, so long as they do no violate the similar rights of others through force or fraud. He then proceeded to examine the economics of the current narcotics prohibition, which produces a tremendous street-market price for an item whose costs of production are relatively minimal. This price increase results in two things: addicts are invariably unable to support a habit costing upwards of $100/day through legitimate work, and must therefore turn to crime in order to purchase drugs; and the huge profit to be made in selling drugs give organized crime, and politicians in their keep, a tremendous incentive to keep drugs illegal. Mr. Greenberg claimed that legalization of heroin would result in the cost of a habit falling to a price level similar to that of cigarettes, and "you don't find cigarette smokers mugging people to support their habit." According to Mr. Greenberg, 60 to 80 percent of the burglaries in NYC are by drug addicts; the reduction in drug prices which would follow from legalization would drastically diminish the need of addicts to engage in such crime. , Mr. Greenberg went bn to show the effect of drug law enforcement on police and on constitutional rights. The committed widespread corruption 3 , of drug squads results not only from the huge profits involved in drug trafficking, but from the victimless nature of the "crimes" themselves; there generally being no complaining victim or witness to supply evidence, police will generally have to resort to obtaining evidence through illegal searches and seizures. Thus, one result of Mapp v. Ohio has been use of what Mr. Greenberg termed "scripts" by police in testifying in court, which are known to be false by everyone involved. Police officers will, for instance, commonly claim that a suspect dropped the narcotics in full view of the officer (the "dropsy" script), or that the contraband was sticking out of his car's glove compartment. A similar erosion of Fourth Amendment rights has come from legislative measures, such as no-knock law, which similarly stem from the lack of complaining witnesses; the evidence must somehow be grabbed before it can be flushed down a toilet. Finally, there is the ease with which persons can be "set up" t for a bust. Mr. Greenberg mentioned the possibility that government-sponsored methadone maintenance programs had resulted in a government-controlled army of addicts"; bureaucrats involved in drug "rehabilitation" have often successfully threatened to "unleash" this army should their funds be cut by legislatures. He went on to demonstrate how the statutory age limits in Rockefeller's drug laws have resulted in a shift of drug pushing activity to 14-year olds and under. Furthermore, since penalties are the same for all drug transactions of Vi-gram and less, most heroin purchases are now made in quarter-grams rather than in once common single grain amounts. minority committee is due to individual taking into account factors other than disinterest or administrative restraints. LSAT scores and GPA in determining It has been postulated that the eligibility for admission. Since the fairness anonymous grading system is to the of the LSAT has been questioned with advantage of minority students. However, respect to minority students, the lowering it is questionable whether or not the of the number of discretionary admissions grading system is in fact anonymous. In wouldbe unfair and prejudicial to minority addition, grading criteria of individual students and would tend to result in fewer professors is nebulous. It has been the minority admissions. All of these factors taken together experience of certain students after discussion with professors that indicate that if something is not done to examinations by black students can often change the situation, there will be far fewer be spotted by use of certain vocabulary minority students attending thislaw shcool even though these examinations are and thosewho doattend will be facedwith grammatically and substantively on par an unsympathetic administration. This is with thoseof white students. significant for two reasons: 1) it affects the In view of this breach of committment legal education of all students; and 2) it as seen by the tutoring situation, the hampers the urgent need for minority ineffectuality of the minority committee lawyers. and the unfairness of the grading system it The legal education of all students is is easy to see where the administration has affected if there is no minority input and been unfair in the operation of the interaction at the law school. Especially in Academic Policy and Program Committee certain areas of law, every lawyer will have (APPC). In reviewing the continued some minority clients and to truly eligibility of certain minority students, the represent them, some understanding of committee failed to follow procedure and that client's situation should be present. at the same time used arbitrary standards. Those who intend to go into the legislative The difficulties encountered by area of law should, without a doubt, have minority students'at the law school are cognizance of the minority experience and compounded by the proposed State viewpoint. University Scholarship cut. This The need for minority lawyers exists in scholarship has enabled many minority view of the many injustices in the laws and students to attend tuition-free and if it is their application. The policies and cut most of the current students will be procedures at this law school make no unable to return and prospective minority attempt to meet this need and often stifle students will be precluded from enrolling. it. As minority law students, we feel we This situation threatens to have something to offer the legal system lower the already minimal minority which will be of benefit to all people. We enrollment. have been most severely affected by the Another proposal which will lower the injustices of the legal system and therefore minority population at the law school is we have a strong commitment to ridding the reduction of discretionary admissions the system of these injustices to the benefit from 20% to 10%. This has not been of all people. In view of the situation at instituted, but it was proposed at the thislaw school we question whether or not admissions committee meeting. we will have an opportunity to fulfill this Discretionary admission simply allows committment.. ni BAR REVIEW I Steven Dijoseph Former Director of Marino Dor Review Course is now lecturing for BAR/BRI on the New York Dor Exom Technique 6 Analysis for further information contact your BAR/BRI representative: Gabe Ferber 838-5482. AJ. Straus 636-4062 Tom Lochner 877-4526 Closses during this summers course will be held in alr-condWoned rooms on the Wdge Leo Compus �The Brooklyn Side She President's Corner by Carl S. Heringer by Barry Fertel The Universal Shane Show The Beautiful Wife and I live in a cozy, three-room apartment, complete with four FM-AM radios, one FM-AM clockradio and one AM clock radio. There is never a need to walk beyond ten feet to be within earshot of music. Most of the radios are set to progressive rock [WBUF-FM93] for my tastes. The B.W. prefers lighter stuff, and truth to tell, an occasional golden-oldie is good for the soul. However, the usual Top 40 format is more than I can bear for over threeminutes. Of late, I have been tuning into WGR-AMSS on weekday evenings to listen to Shane, the Montana Cowboy. There are qualities about Shane that set him apart from other Top 40 AM jocks. He does his share of high-pressured high pitched commercial diatribes, he does interrupt the beginnings and ends of songs. But, he is sincere. He is not afraid to voice his opinions, and that has cost him several local microphones in the recent past. During such a stint of inactivity, he publicly refused to leave Buffalo for greener pastures, avowing his great support for the people and potentials of thishard-luck city. Rumor has it that a tightrein is held on him at WGR, or was initially. He says a lot, his own poetry is often soft, tender, inspiring. His love for America, Buffalo and hockey has stood unwavering in the faceof setbacks and crises. He's justdoing his job, but Shane does it well enough to be the number One rated night show in town. You can hear the change in his voice, from the telephone to the air, that artificial lift in his emotions. But, the real person seems to come through and you know that you're tuned to his inner being; rare, rarer still on AM Top 40. I've spoken to Shane only once, in a crass attempt to win some unearned money. I dislike "money machine" radio it's a "cheap" way to get listeners. This time, I was already listening, so I was in the midst of shaving, by order of aforementioned Beautiful Wife. Hi-Lo-Guess the amount in the jackpot and take it home. My phone number was eligible, and I took a stab at trying to be the ninth caller. Busy. One more try. Hello? Yes. Name? Address? Number? Ever win before? Hang on WE'RE ON THE AIR! In my skivvies with shaving cream on my face. Speaking to everyone in Buffalo who wasn't watching "Laverne and Shirley." My biggest audience since my Bar Mitzvah, no too high. Better luck next embarrassing giggles, now. How much? $383.00. That's time, fellah. Thanks for calling and have a good night. Yeah. Thanks Shane, goodnight to you too. Should I have said, "Danke, Shane."? ... - - ... ' Related news: WEBR-AM & WREZ-FM are soon to become public broadcasting. Two questions. Can Buffalo support 3 such stations (with U/B's WBFO-FM)? Can Bflo do without these stations' innovating, refreshing formats? In confidence, 1 answer NO. Maybe some enterprising station manager with low ratings will approach Steve Lapa and Company and help them to remain in the city. We all need them. There is something about the mix of music played on this station that makes it like no other that I have come into contact with yet. There are familiar tunes by new voices, familiar voices with new tunes, etc. Also, this is Buffalo's greatest Jazz outlet. All of the night programming is jazz. For fans, this will be a tragic loss. For occasional listeners, such as myself, it is a refreshing change of pace that will no longer be available. For everyone else, it will be the loss of their only opportunity to learn. All of Buffalo will miss WEBR/WREZ. Public broadcasting will have to convince us of their place here. Hopefully, by the time this column has been read, the controversial issue of the election of second yeardirectors will have been resolved. In any event, I think that particular episode is a perfect example of what's wrong with this law school and its students. When a student is personally affected by some arbitrary action, at least as perceived by him, he will emphatically protest thataction. But, when other students are affected, or when the nature of the action is far more subtle, the typical law student will do nothing. Since SBA does not award academic credit, or aid one in findingemployment, there is very little student participation in its deliberations, Therefore, SBA has been looked upon as a joke by the Faculty and administration. I propose to change this lackluster impression of the SBA. First of all, I have organized a petition drive to urge the faculty to retain the present academic calendar whereby finals will be given prior to Christmas. This petition was circulated in response to a desire by several faculty members to have finalsafter Christmas. As of this writing, over 200 signatures have been obtained. This is only the beginning, the more forceful the SBA is, the more hassle-free will be thelife of the law students. For example, there is, at present, a Faculty Student Relations Board whose sole function is to hear student grievances and act upon them. Not surprisingly, that committee has met only once and that meeting was for organizational purposes. That's ridiculous! Students are by no means delighted with their situations in this school. There must be at least one student who has been screwed in some fashion. Why hasn't this committee's existencebeen made known to students? I will personally present a grievance or two and I urge all students who feel they have been given araw deal to do the same. In addition, the SBA will make every effort to fight the cuts in SUS funds. I have been personally criticized for not doing enough in this fight to restore the cuts. Well, I can only say that I am guilty. I haven'tbeen able to go to Albany, I haven't spoken with any legislators, and I haven't even written a letter to the governor. But, if we, the students, go to Albany and exercise our collective muscle, then maybe we can have the funds restored. We must try or the state will think we are a bunch of apathetic law students, which we aren't, or are we? The internal workingsof the SBA can be improved. The major problem is its lack of communication both within and without. This problem will hopefully be dealt with. For instance, an SBA bulletin board will be erected on the first floor,and on every floor if need be in order to get the message to students. Also, all student vacancies on the following organizations will be filled.Academic Policy and Program Committee (APPC), Admissions Committee, Appointments Committee, Budget and Program Review Committee, Faculty Student Relations Board, Library Committee, Minority Student Program Committee, student representatives to faculty meetings, and the University Assembly for University-wide governance. Also, all students who presently sit on these committees must be reappointed. Of course, their experience will be taken into consideration. Any information pertaining to these committees may be found in the Student Handbook which is available at the Registrar's Office (see pp. 36-39). All in all, I would have to say that SBA has its work cut out forit. Any suggestions by students and/or their participation would be greatly appreciated. Stop by the SBA office at anytime. It's located opposite the famous purple lecturehall. Prosecutorial Abuse On February 20th, DVF and BALSA co-sponsored Robert Hollisof the Fortune Society in a lecture on the abuse of prosecutorial discretion. Mr. Hollis has successfully completed 'his first year of study at Columbia University School of Law, he also is presently appealing a conviction before the Second Department for being the mastermind behind a major cocaine selling operation. While Mr. Hollis spoke about prosecutorial abuse in general, he is quite familiar with its effects in the specific. His own case has become a cause celebre in New York City, commanding a column this past summer from James Wechsler of the New YorkPost. The linchpin of Mr. Hollis'address was that as long as District Attorneys' offices are governed by political considerations rather than strict adherence to dueprocess, it will be impossible to hope that they will work in a just manner. Unfortunately the office has become a stepping stone to the bench. With the nominating process controlled by local political chieftan's District Attorneys are under increasing pressure to make arrests that will look good irrespective of whether they can make the charges hold up in court. Uncovering a major crime operation such as gambling, bribery, or narcotics, obtains large scale media coverage. I he media may not be so diligent in following up on .u!tirwle.d.i>P9>it»D,.buJ.a."hardwprking;'_ 'jji-tT' km«*!rro- D.A. is an attractive vote-getter. As an example of the political nature of a D.A.'s office, Hollis cited an example from his own case. Eugene Cold, District Attorney for Kings County was supposed to begin a re-investigation of the Hollis conviction. This was aborted when Gold began to entertain plan* to run for the Democratic Party nomination for the United States Senate. To re-open the case would have meant that Gold would lose face, the political considerations overrode the District Attorney's vow to see that justice was done. Besides feathering a D.A.'s own political nest, unfavorable pre-trial publicity reinforces the prosecution-minded atmosphere of the country at large. Therefore on a daily basis this sort of publicity translates into a higher conviction rate which is ill-deserved. Rarely are defense attorneys able to overcome such a bad press, or to focus media attention on prosecutorial abuse. Of course, a higher conviction rate, rather than the interests of justice is what a D.A.'s office is all about. Since advancement is based on conviction rates, most Assistant District Attorneys never raise lhe issue of how unjust the money bail system is. Il stands to reason that people who are incarcerated and cut off from Iheir ability to earn any income are more likely to cop a plea than those two are free to do so because they managed to make bail. In this way, the money bait system inhibits the search for the guilty party. Unlike the adage taught in law school, when it comes to blue collar crime, time works in favor of the prosecution. If the purpose of bail is to insure that defendants will appear again in court and more importantly that dangerous individuals are not turned loose on the streets, then there may be alternatives to the money bail system. Mr. Hollis alluded to the Japanese procedure by which suspects are injected with sodium pentothol and then asked if they committed the crime with which they are charged. This allows a judge to make a realistic appraisal of whether a high bail is necessary since the judge now knows whether or not he is dealing with the perpetrator. Also if the crime is truly heinous, incarceration may well be called for. At present, such alternatives are not ' being investigated. Finally there is the pressure on any Assistant District Attorney to maintain good relations with the police. If an Assistant District Attorney wants to keep his conviction rate up, he must maintain rappori with the police. In effect, this means backing them when they are wrong, ■ or worse, lying. Consequently in any.D.A.'s office if is often the police leading, the A.D.A.'s around by the nose. ..-.• ~./ acdemic Apr24th.il O263,'Brian the for until Editor-nChef R. OPIN styudeeantsr Heringer,OPIN . of S. 2nd Carl about Editor-nChef candites. contac informatn and Ist to of all from qualifedasakered or positon ac ept d question candi tes the allto any for be open for Aplicatons 1976-positonProspectiv (63-2167) wil is year The Hall �April 1,1976 OPINION 5 Carlisle on Jobs III Many students wish to know if graduates of the class of 1975 were successful in finding employment. Are any employment percentages available? The Placement Office has recently completed relevant statistical data for the class of 1975. We were able to contact most of the classand of those surveyed approximately 87% have found law positions. Some 1975 people are still in graduate school. Seventeen members of the 1975 class are still seeking employment. Five of this group failed to pass their bar examination. Obviously failure to successfully complete the bar exam is an obstacle to employment. We consider it an essential priority to place each of the seventeen people who are unemployed. Overall the statistics appear to indicate that Buffalo students are doing far better on a national basis than students from most law schools. Recent placement articles, such as those appearing in JurisDoctor and the Ne,w York Times, are misleading and not based on current statistics. If the articles serve any purpose, it is to shock law students into taking an immediateactive interest in placement. Our statistics prove that the market can absorb our graduates. Isolated incidents aside Buffalo law students are doing well. I will personally provide assistance to qualified persons who cannot find employment. - - - What is the Placement Office doing to create more positions and to locate jobs for our students? We are currently engaged in a massive mailing campaign with personal follow-up .How many students in this year'sgraduating class have jobs? We do not have accurate statistical data. Many students have positions, but for the most part these are with medium sized and large law firms and government agencies. Lawyers Lessen Law school enrollment, which had been climbing dramatically for the past decade, apparently hasreached a plateau, the AmericanBar Associationsaid today. Despite an over-all increase in enrollment at ABA-approved law schools for the current school year, net growth appeared to have ended. And, the ABA said, even though only one law school reported having any empty seats, many law schools showed fewer qualified applicants. Several law schoolsalso reported a greater number of "no shows" in their first choice of admittees. Enrollment in the 163 ABA-approved law schools last fall totaled 116,991, an increase of 6,278 or 5.67 per cent over the similar 1974 figure, the ABA reported. Women again led the way with an increasedenrollment of 22.07 per cent, to 26,737. They now comprise 22.85 per cent of approved law school enrollments. Minority enrollmentalso increased, but only by 4.12 per cent, to 8,676, or three times as high as it was in 1969 when comprehensive national figures were first collected. The report was prepared by James P. White, professor of law at Indiana University Indianapolis Schoolof Law and dean foracademic planning and development for Indiana University-Purdue University at Indianapolis. He is consultant on legal education for the ABA. While over-all enrollment increased, White said that the pace has slowed significantly, indicating that net growth appears to have ended for student population as well as for the number of institutionsoffering law degrees. White said many law schools showed a decrease in the number of applicants who more "no shows" in their first choice of admittees. "These facts seem to indicate that there is a continuation of the slowing of law school admissions," White said in his report, carried in full by the March edition of the American Bar Association Journal. Law school enrollment has grown steadily during the past 10 years, except for a decrease in 1968, more than doubling from 54,265 to the current 116,991. White pointed out that the current figure includes enrollments from six law schools provisionally approvedby the ABA last year. "Particularly significant," White said, "is the fact that first-year classes in the 162 approved law schools (excluding the Judge Advocate General's School, which offers a graduate program only) increased by 964 in 1975, an increase of 2.53 per cent. If the 1,146 first-year.students enrolled in the newly-approved law schools are excluded, there were 182 fewer students in first-year classes for the fall of 1975. in their "Thus, law schools approved in 1974 actually experienced a decrease enrollment for the first time since 1968." to tor apply In addition, White said, only one school has indicated an intention provisional ABA approval during the 1975 76 academic year. "The impact of the substantial increase in law school enrollment that occurred in or LL.B. degrees the fall, 1971, entering class was reflected in the increase in J.D. f rn m ',? awarded during 1973," White said. "J.D. or LL.B. degrees awarded in 27,756 to 29,045. In 1974 J.D. or LL.B. degrees granted rose from 29,045 to _*~_. met admission criteria and several schools also reported - Students with strong academic backgrounds and/or other recognized achievements in law school have done extremely well. I am pleased with our success in this respect. Many students seeking positions with smaller firms or with local government and public agencies who have not received funding are still looking. Concern for obtaining a position prior to graduation is inevitable but not always warranted particularly in light of past experience and the reality of today's market. Look in June of .975 far less than 50,6 ofour studentshad positions. By January 1976 almost 85% of the students had found law jobs. Time and time again I have emphasized that many employers just don't hire until after graduation. Recently 1 contacted three 1975 graduates who had obtained excellent positions in November of 1975.'The wait was not pleasantbut the reward was worthwhile. I am committed to devoting as much time as necessary to the class of 1976. Our obligation to SUNYlaw students will not terminate with graduation. It will continue and in many instances become more effective for those seeking positions with smalland medium sized private firms. • '^' '^ ABA inspection teams checked 42 law schools during the past academic year to (1) assist the schools In attaining full potential; (2) to determine compliance with approval standards; and (3) to report on developments in curriculum, teaching and research, and public service. Most states require graduation from an ABA-approved law school for -taking bar examination. Approval criteria standards cover such factors as staff, financial resources, library facilities, curriculum and relationship with the university. contacts. Whenever possible law firmsare being invited to O'Brian Hall. Firms that can't visit have been asked to complete employment questionnaires which will enable our students to know if the firm, etc., is hiring, when resumes shouldbe submitted, what the starting annual salary is and if there are special qualificationsapplicable. I am personally speaking to lawyers and attending bar association meetings in Buffalo, New York, Washington, D.C. and elsewhere. I recently attended meetings with key Placement Directors and recruiting partners in New York. Every effort is being made to publicize the Law School. In addition, the Placement Committee has been very active. We are having career days this Spring. I urge you to attend them not only to gain information but to establish contacts with the organized bar. There is no doubt-in my mind that the Law School is acquiring a reputation as the place to go for legal talent. Any student desiring to participate in our efforts should speak with members of the Placement Committee. — What about positions for firstand second yearstudents? We have had a series of seminars for first and second year students. We discuss informational resources, use of our facilities and strategy. We post job announcements and encourage Buffalo employers to recruit our students. First and second year persdns must assume an active role in this effort. Whatabout work-study positions? Chris Carty and have contacted a large number of employers. Lists containing work-study opportunities should be available by April 9. See Chris Carty and the I Placement Office staff. Will the Placement Office be in operation this summer? The Placement Office will be open on a full-time basis this summer. Hopefully we will have the time to giveparticular attention to persons on an individual basis. NYPIRG State Conference NYPIRG, the New York Public Interest Research Group, held a state-wide conference February 21 and 22 in Binghamton, New York. Representatives from the various NYPIRG chapters on college campusesaround the state, including New York City (Queens College), Albany, Syracuse, Binghamton, New Paltz .Geneseo and Buffalo, attended the two-day conference. The weekend activities consisted of workshops which discussed various projects presently being undertaken by the chapters. These projects covered a wide range of areas including investigations into ETS, environmental issues such as the banning on non-returnable bottlesand the financialcollapse of the nuclear power industry, legislative reform of NYS marijuana laws, and red-lining by savings banks and loan associations. A movie portraying the present battle between environmental groups and nuclear power advocates over the building of nuclear power plants around the nation was also featured as part of the activities. During the conference, the NYPIRG state-wide board held a meeting, open to the public, and discussed future plans for the organization. Proposals included projects and extended internship programs for next summer and fall. NYPIRG organizations from around the state were represented by their elected Board Representatives, each of whom had a vote al the board meeting. Law students are currently organizing a law school chapter of NYPIRG. Interested students would participate in legal research on numerous and variable public interest projects. In addition to projects already under consideration by the chapters, the law school NYPIRG organization is offering research opportunities into legal aspects of the funeral industry, property tax reform, various projects on banks, voter registration, and numerous olher lawrelated interests. The law school NYPIRG chapter will have a meeting Thursday, April 1, in Room 214 at I p.m. lo discuss these possible projects" and provide additional information to interested students. Since this chapter is still in the process of being organized, all students are invited to attend the meeting and become familiarized with the organization. Students interested in working on NYPIRG projects but unavailable to attend the meeting should contact the chapter's officers, Louise Tarantino, John Arpey, or John Privitera, in Room 118. �OPINION 6 April 1,1976 News Briefs Administrative Perspectives CUTS Student questionsregarding administrativeactions or perspectives will be answered in SBA ENDORSES MORATORIUM OVER BUDGET this column. Please submit your questions to Opinion or to Allan L. Canfield, Assistant to On Wednesday, March 24, 1976, eighty law students called for a one day moratorium the Provost, 316 O'Brian Hall. of classes to protest the scholarship cuts. On that day (to be chosen) law students will have activities planned for Buffalo and Albany. Students will be urged not to stay out of Q. What is the status of the search for a law librarian to replace Mr. Wenger? the school itself, but to boycott classes while attending scheduled activities. This course has been endorsed by the SBA Executive Committee , Ans. The search process is in a temporary hiatus caused by the various difficulties of.action involved in the selection of a search committee. It is expected that a committee will be TIGERANNOUNCEMENT appointed soon. Nevertheless, an adequate search process which will lead to the appointment of a well semesters. He qualified law library administrator will take several months to accomplish. An interim Mike Tigar will be teaching Criminal Procedure here in the Fall and Spring is looking for a research assistant to help gatherrelevant materials during the summer, appointment maybe necessary. 1976-1977. The summer work is likely to during academic 1976, and to some extent There will be a salary and expenses will be Q. Has the number of applicants for admission to thislaw school dropped for the coming require spending some time in Washington. submit a resume whichincludes three law covered. Students interested in applyingshould year? faculty references (no letters, please) and an unofficial law school transcript, to Camille 7,1976. by April O'Brian 419, Hall, Ans. No. Applications foradmissionshave increased over the last year by an approximate Dißenedetto, Room be about 255 persons as 5%. However, the projected size of the eventual enrollment will627 for entering freshmen LSAPOWUENS OTE opposed to 281 last year. Last year's average LSAT score was with an average QPA of 3.35. No figures are available for comparative averages for the The Law Spouses Association has selected its officers for the 1976 calendar year. coming year since the process is not completed. It is expected, however, that the averages Elected were: Gail Faber, President; Joan Fitzgerald, Vice President; Sally Schermer, will be similar. Treasurer; and Nancy Hess, Secretary. In keeping with its tradition of awarding scholarships to deserving, married law Q. Which faculty members will not be returning in the fall of next year? students, the Association has awarded two $100 scholarships for the Spring 1976 next two weeks. The Ans. It is known that Professor Buergenthal will not return since he has accepted a semester. The names of the recipients will be announced within the to position at the University of Texas. Professors Holley, Kane, and Laufer are expected to Law Spouses is a socially oriented service organization, whose membership is open within the Law School community. Those interested return. The status of Professors Schwartz and Boyer will be known in the near future. both marriedand unmarried couples in the Association are invited to attend its next meeting, Tuesday April 13, at 7:30 p.m. Mrs. Hollander will not be returning in the fall. in the Staff Lounge on the Fourth Floor of the Law School. Q. What happens to the SCATE evaluation forms? • 1976, require faculty Dißenedetto, Treasurer; students, housing complex Joseph University looking graduate single On-campus (1) (2) (3) Tigar Unfortunately, Spouses spending keeping Leakey appropriate Campus single Housing Lounge Spouses Nancy (2 Complex, housing graduate persons/room) campus, (no teaching socially Tramp" Hall, 419, Office, Housing Faber, application Hess, letters, single may part Secretary. during President; recipients Building couples apply please) applying Washington. proximity Hall, graduate help by awarding year. April gather triple organization, graduate Fitzgerald, place alternating 7,1976. $100 lounge scholarships meeting, story, Quadrangle scholarships proximity Tuesday community. (2 salary Complex, President; persons/room). Quadrangle, facility, membership deserving, transcript, April (3 Spring during Jurisprudence, persons/room). expenses by 13, Sally writing campus. Spring part Schermer, summer, likely open graduate Campus, housing year. many p.m. TIGAR Mike is covered. LAW Elected semester. Law both in GRADUATE the Amherst with of law this and students six couble APRIL ENVIRONMENTAL "Dr. the The In students Main floor Graduate the SPOUSES married that and Staff Association ANNOUNCEMENT references Mac The Ellicott Students of 1 Roosevelt Law and The for the accommodations consists for and suite. to Street will Donald students. find "The and the fifth Room is STUDENT the Association Gail and students be ROOM NOTE research with Selected student unmarried interested and and of Roosevelt 1976-1977 floor FREE the extent Hall 13 of its Due invited LAW the is time Association 213 Dawn the O'Brian ofis co-educational assistant end ADMISSION HOUSING union. tradition students: Fourth accommodations to will oriented and Mac Criminal has located in SOCIETY Hall in is co-educational its of suites to academic Donald house unable 72 of forms awarded which Man" IP.M. attend Floor to academic double convenient the of in has for service within AVAILABLE in Procedure and and Three the will to FILM share Governors Joan should selected Hall Roosevelt the its of accommodate 6 two Richmond accommodations be be the to the next four in MORE 1976-1977. There is the SERIES unofficial will announced the sent students. Law There in the submit Law APRIL here its accommodations School relevant Hall close be to Residence will Richmond to TO officers School School. in them. residence available live. have the 6 be law 150 and married COME Vice Located of The within whose "Suzanne's suite materials three Fall "The bed Law school bathroom been for ROOM to and basis. which students the and centers the for Poisoned set and and for to next the 1976 aside unmarried A 107 Lament" includes the facilities work identified the Amherst suite Those which is two for semesters. Sea calendar located Health-Science the married at consists is weeks. to the is Located consists three interested 7:30 associated 3:30 Camille will for of to 1976 law The P.M. law of He to be the the to of 4 rooms were: some a names a some are on a a rooms a on anan are a resume a summer on areas on a on on _ Ans. The forms are run through an optical scanner, placed on a computer tape, and used to generate evaluation profiles. The profiles then become available for use in faculty evaluations; a copy of the profiles is also made available for public use in the law library. SUS /rnKIT (CONT. , restoring SUS, saying that he had a "predilection" for seeing it replaced with P 1 \ P.I) He explained that university officials are cautiousabout suggesting" any student or faculty action because the central administration must deal with the Division of the Budget and the legislative fiscal committees, "and they don't want to perceive SUNY administration as another .. lobbying agency SUNY is a state agency, but that doesn't mean the studentofficial said. are," the Ketter refused to endorse the idea ot a Law School moratorium when it was proposed and remarked that he didn't think, lobbying would help, since the students' interests are beingrepresented by the trustees. "I have a fundamental opposition to endorsing a moratorium or teach-in that gets people out of class," he said. Perhaps a greater stumbling block than the legislature is the Division of the Budget, which reviews the proposedbudget and recommends changes. The elimination of the SUS reportedly originated in the Budget Division office of Paul Veillette, chief budget executive in charge of higher education. tuitionwaivers. "If I were a university official, I'd rather use tuition waivers that can be taken out of the university income fund," he said. That fund, containing tuition payments, dormitory rents and the income from SUNY teaching hospitals, will have a projected surplus of $120 miHion this year, he said. The surplus is justused to build up the next year's income fund, according to Veillette. He also suggested that the university might try trading off already budgeted items to get back SUS. Ketter said the income fund suggestion was "a ploy the Division of the Budget has used since I've been president. SUNY Central violently opposes using those funds because they're used for things like funding They're giving summer research grants you a run-around." . According to Ad Hoc Committee members who have been researching possibilities of restoring the scholarships, Ketter's remark may be an accurate evaluation of the state's attitude toward this particular cutback. Gathering information about those affected by SUS, possible sources of fundsand justifications for the cut has been a painfully slow process because officials in Albany don't seem to know what they're talking about, according to Ad Hoc Committee member Marty Feinrider. "I went to them with statistics trying to get more information and they asked me for, copies of my statistics," he said. When Opinion contacted Veillette with a question about the $600,000 allotment for tuitionwaivers, he said it was new information to him. Legislators approached by committee members on an initial lobbying trip in February were hazy, at best, about what the SUS is, although local legislators have been sympathetic since Law Studentshave begun contacting them. Veillette said last week that the rationale for eliminating SUS was that it was originally established for undergraduatesonly and that in a period of austerity, it should be reduced to its original scope. Queried as to whetherhe or "*", anyone in his office had realized the full impact of the $2 million cut on individual students, Veillette said, "The impact was studied by the Budget Division and discussed with SUNY central, but the kind of detailed study (coming with SUNY's supplemental budget requests] was not lack of ft is the relative confusion and We knew before the next information T done then that is giving the committee year there would be a academic some hope of affecting the budget the supplemental budget." second time around, however. Members say, final feel that law studentsarmed with factsand Although the legislature has Veillette's office has considerable influence the committee's argument that a on the budget that goes to the legislature. state-supported law-school is stillneeded in In a telephone interview last week, New York may attract some attention and Veillette appeared cool to the idea of some votes for SUS. ... - . GSRATAHDUOENIG VAILABLE On-campus housing accommodations will be available for unmarried graduate students for the 1976-1977 academic year. There are three areas identified for the housingof single graduate students: (1) MacDonald Hall is a co-educational four story, 150 bed facility, which consists of six single accommodations and 72 double accommodations (2 persons/room). Located on the Main Street campus, MacDonald Hall is in close proximity to the Health-Science complex and the student union. (2) Roosevelt Hall, a part of the Governors Residence Complex, is located on the Amherst Campus and is co-educational oh an alternating suite basis. A suite consists of 4 couble rooms (2 persons/room) which share the loungeand bathroom facilities associated with that suite. Selected end suites in Roosevelt Hall have been set aside for the housing of graduate students. Due to its proximity to the Schoolof Law and Jurisprudence,many law students find Roosevelt Hall a convenient place to live. , (3) The fifth floor of Building Three in the Richmond Quadrangle, a part of the Joseph Ellicott Complex, will house graduate students. Located on the Amherst Campus, this floor consists of 13 single rooms and 6 triple accommodations (3 persons/room). Graduate students may apply for the graduate residence centers by writing to the University Housing Office, located in the Richmond Quadrangle on the Amherst Campus, and the appropriate application forms will be sent to them. Unfortunately, Housing is unable to accommodate married students on campus. . LFEAINVSSRWOMCTLY ERIES APRIL 1 ROOM 213 1 P.M. "The Tramp" and "Dr. Leakey and the Dawn of Man" FREE ADMISSION APRIL 6 ROOM 107 "The Poisoned Sea and "Suzanne's Lament" MORE TO COME 3:30 P.M. �April 1,1976 OPINION 7 S-1 Update by Alaine Espenscheid NationalLawyers Guild In recent months, increasing controversy has developed over the proposed revision of the federal criminal code popularly known as Senate Bill No. 1. S.l, which purports to reform the U.S. criminal law, in practice would provide a legal basis for repression of civil liberties and reverse recent developments of the criminal law. The bill was introduced in the Senate on January 1975 as the Criminal Justice Reform Act of 1975 by Sens. McClellan and Hruska. In 1966, President Johnson appointed the National Commission on the Reform of Criminal Laws (Brown Commission). When, in 1971, the Commission submittedits report, President Nixon considered it to be too liberal and ordered Attorney General Mitchell to revise it. A minority report of the - ALUMNI HONORED //-/-,.,. r- The campaign to defeat S.l has, in recent months, grown tremendously. Local coalitions are organizing in cities across the country to educate their communities and urge people to work for the defeat of the bill. ,s (CONT. PAGE 1) rs.. Commission was drafted by commission member McClellan.The Nixon-Mitchell bill and the McClellan bill merged into S.l. The heart of the bill is a major assault on the First Amendment. S.l would create many new crimes, particularly in the area of national security. Most crimes in the U.S. are handled at the state, not the federal level. S.l would increase federal jurisdiction over matters traditionally left to the states, such as rioting and violence in connection withlabor strikes. Some of its sections include severely limiting the right to demonstrate, reinstituting the death penalty for certain crimes, eliminating the defense of insanity, broadening the powers to wiretap, increasing sentences, and making parole more difficult to obtain. Professor Adolf Homburger, awarded the plaque for Outstanding Public Service, noted that, since he was paid for his many years of teaching, he was somehow not deserving of the honor. His accomplishments since coming to the United States are many. An attorney in Austria, he graduated UB in 1941. He has been active in NYS law, chairing the advisory committee to the Judiciary Conference, updating and strengthening state law. He has served as advisor to both state and federal lawmakers. Professor Homburger heads the U.S. Civil Procedure section of UNESCO's International Encyclopedia of Comparative Law. In addition, his teaching led virtually every attorney in the room through their N.Y. practice. In his acceptance speech, after noting thathe has been well paid, he said that his association with many great scholars over the yearshas given him an opportunity to learn, and to honor the Code of Professional Responsibility by helping to further legal education and hence the legal profession. Above all, He has enjoyed all his activities. He took the award, as a symbol of the loyalty and dedication to the school of himself, and thealumni. Professor Fleming's closing remarks thanked the Alumni Association for their great support of the Law School over the years, and looked forward to years of continuing cooperation between them. CLASSIFIEDS APARTMENT for rent. 3 rooms, $160/ month near Millersport Sheridan. Must buy furniture. Available June 1, call 837-2439. — DISCRETE FOLKSINGER wishes to meet coffeehouse of similar persuasion. Into C&W, S&G and R&B. ONly serious inquiries. Please, no cafes. BLUE MUSTANG Lie. No. 13-FRG. Your lights are on. TIMMY TRAYNOR & ABBEY GORIN announce the first meeting of the Buckminster Fuller for President Committee, Wed. April 2 at 12:00 noon. •-BUCKYFORPREZ" HAPPY BIRTHDAY to SOLAR RX, CTI SUBSIDIARY COUSINS TWO INT'L INC. In Buffalo, a coalition of over 20 political, civic, educational and religious groups has been working since November. A forum was held at ÜB's Main Campus in late January at which 700 people gathered to hear speakers explain the worst provisions and why such a repressive bill is being introduced in Congress at this time. Meanwhile proponents of S.l on Capital Hill have been working also, introducing modifications and amendments in an attempt to conceal its repressive nature. These provisions, while receiving the most criticism from the public, are not the only features of the bill which must be What is happening to the bill now? S.l is still in the Senate Judiciary Committee eliminated. The Office of Social Ministries where hearings on the bill have been in Washington D.C. has drawn up a list of delayed. Several amendments have been the 100 most offensive provisions proposed which would either be totally contained in S.l. This "List of the WHAT IS HAPPENING NOW? Hundred Horrors" also indicates who is cosmetic in effect or would eliminate a small number of the bill's most blatantly repressive features while retaining the basic thrust of the legislation. On February 9 Senators Mansfield and Scott sent a memo to ■ members of the judiciary committee, which noted, "It has become clear that S.l, under attack from both the left and the right, is in a great deal of jeopardy." In order to defuse the support which has mobilized to defeat the bill, the memo calls for eliminating some of the worst provisions and giving the bill a new number. The name "S.l" has become a rallying cry which the senators feel must be changed in order that the federal criminal code bill can be passed at all. opposed to each of the provisions. Most of the opposition comes from the National Committee Against Repressive Legislation, a civil libertarian organization which grew - out of HUAC and which has been responsible for building national opposition to S.l. Considerable criticism also comes from the American Bar Association, Brown Commission member Prof. Louis Schwartz, and a few Senators, such as Abourzek, Tunney, Hart, Moss, Bayh and Kennedy. MEMO BACKFIRES Mansfield's memo, however, appears to have backfired in the smoke of backroom politics. McClellanand Kennedy MODIFICATIONS SUGGESTED were particularly furious that they had not been consulted prior to the release of the The memo includes about 12* memo. Such internal disagreement only provisions which would be eliminated from further defrays the bill from coming to a S.l. These include Sec. 522 Insanity vote on the Senate floor. But S.l has not been defeated. Most Defense; Sec. 551 Unlawful Entrapment; Sec. 1101 Treason;Sec. 1121-28 Espionage likely it will be given a new number and amended. But just as likely, those who and Related Offenses, Official Secrets; Sec. 1842 Obscene material; Sec. 3101-9 oppose the bill will continue to study its Wiretapping; Sec. 2401-3Death Sentences, 800 pages and work to assure that any and shaping up the provisions on federal criminal code that is passed sentencing Sec. 2001 -2403. preserves people's constitutional rights. * - Public Utility Rate Hearings HowardRosenhoch EnvironmentalLaw Society On February 25, the Environmental Law Society had the pleasure to offer the speaker's podium to Mr. MarkKahan, Staff Counsel to the New York Public Service Commission (PSC). Mr. Kahan's discussion centered on the conduct of public utility rate hearings both in form and substance. The form that a public utility rate hearing takes is quite different from that which occurs in a typical civil action, Mr. Kahan said. Usually, a hearing is commenced by an application to the PSC by a public utility for a rate increase. Testimony is then taken before a hearing examiner who makes findings and recommendations. Mr. Kahan explained that testimony, rather than being orally stated on direct examination as is normally the case in civil litigation, is presented in written form at the hearing and marked for identification. The written testimony is usually affirmed by the witness who asserts that if asked the questions contained therein, the answers which follow wouldbe his testimony. Copies of testimony by utility witnesses are normally supplied to opposition intervenors in advance of the proceedings. The written testimony then serves as the basis upon which cross examination is conducted by counsel for interveningparties.. Mr. Kahan noted that the work done in preparing direct testimony and questions for cross examination is a highly technical job requiring the expertise of persons in a number of fields. Of course, the attorney participating in a public utility rate hearing cannot, and should not, attempt to try the case on his own. Rather, Kahan said, the attorney's role is one of coordinating experts in the preparation of direct testimony and the development of a strategy for cross examination. Kahan described the third question, that of how to allocate the revenue responsiblity between various customers, as "perhaps the most perplexing of all." Theoretically the answer is fairly straightforward; charge each customer his — Skinner Substantively, Kahan emphasized that the purpose of a public utility rate hearing is to answer 3 questions: (1) What is the financial condition of the company, i.e., how profitable is it? (2) How profitable should it be? and (3) How should the burden of supporting the utility be distributed between its customers? The first two questions mentioned go into determining what the PSC calls the company's "revenue requirement." Issues such as the company's accounts, general business, economic and social trends, and the company's corporate organization must be explored in discerning the utility's financial condition. An attempt to arrive at a "fair rate of return" (usually a weighted average of the cost of common equity and embedded debt) often encompasses an exploration of such company expenses as advertising and charitable contributions, the ultimate question being whether the customers ought to bear the cost of such expenses and if they should, if such expenses are reasonably undertaken. or her cost base, or how much it costs to deliver the service. The problem arises when one attempts to determine just what cost is actually being allocated. Is it marginal cost? Is it embeddedcost? Should incentives be given to industry? Should subsidies be given to low income consumers? Ultimately, Kahan said, the decision is political. Interest groups are played off against one another in a give and take in which people inevitably feel either hurt or helped by the result. In a sense, Kahan pointed out, the process of a public utility rate hearing is thus quasi-legislative. Finally, Kahan said that all attorneys involved In rate legislation should feel that they are working in the public interest. It is easy to see how Kahan might viewhis own role as that of a public interest advocate since, as PSC staff counsel, he represents the interests of consumers. But how, one might legitimately ask, is utility counsel, in advocating a rate increase, serving the public interest? Kahan explained that the long-term goals of rate regulation are not only to keep prices down but, at the same time, to maintain adequate levels of service. Kahan suggested that if prices were to fall too low, i.e., below marginal cost, service levels would inevitably fall below demand since capital, needed for the building of new plant and replacement of worn-out plant, could not be attracted at reasonable cost. Thus, Kahan concluded, the attorney asking for a rate increase for his/her utility client, which he/she sees as cost justified, serves the public interest by helping to maintain prices at levels at which adequate serviceis preserved. �April 1,1976 OPINION 8 The Heck With Meek Dear Larry or Lawrence Your articles are very exciting though slow reading. You have a fine wit and tend to be dull. I don't like hockey either though it's a fine sport. Your knowledge of sports is impressive though by Lawrence M. Meckler A reader from Massachusetts writes: Dear Meek, Hockey disappointing. Decisively yours, JimmyCarter I like,- you I don't. Your remarks with respect of sensational to hockey Dear Yo-Yo, are irresponsible, asinine and just another example journalism. Your column stinks and you better start explaining You 're running a fine though lousy campaign Joe Forecheck SPORTS Opinon Meek Dear Meek, Good race in the City Championship. I empathize with your Dear Hockey Puck, You're right. It's about time that I explained why I don t like breaking down, but why didn't they shoot you? expose do. Instead Ruffian I will hockey. But that would be the easy thing to 100 years of corruption in the Forecheck family beginning with the famed "Black Dear Horse, time Grandpa Forecheck was the ringleader of the I was retired to stud. Skates" scandal. Mighty Meek Yourpal, Larry Dear Meek, After reading your columns we have made you head of next year's writing program. Appointments Committee Freshmen's Dear Meek, I am not a scrub. I'm a promising young ballplayer whose reputation has been injured by your references to me as a scrub. Dear Committee, Expect a law suit. OK, so long as I don'thave to do anything. George Hoey . Dear Scrub, Dear Meek, Truth is a complete defense to libel. Or at least it was when I took I stole your Ethics Book, but not under my own free will. Patty Hearst the course two years ago. Scornfully yours, Meek Dear Patty, Wereyou brainwashed by hockey fans? Meek Dear Mr. Meckler, Your columns intermingling sports and the law were brilliant. Dear Meek, Your continued lack of any reporting on the Buffalo sports scene However, there isn't room enough for the two of us. I am therefore labelling your writing smut and enjoin you from further publication. is appalling. You are losing readers like me interested in the Buffalo Justice Wizzer White teams. Some nut Dear Wiz, Do youneed an extra clerk? Dear Nut, Larry theLawyer I had planned a column on Buffalo sports, but there wasn't enough room in the April Fools edition. Meek Dear Meek, Your lack of mention of women athletes is disgraceful. You are a Dear Meek, chauvinistsexist pig. Also, are you eating welland brushing your teeth? You try the Double Hamill Camel!! Mom Dorothy Hamill Dear Ma, —.Tell 0\ 1 Meek Daddy tosend money. Larry Dear Dorothy, Yourplace or mine? Meek The Magic Act by Myles Elber The original concept for this column was going to be exclusively a form chart for selecting attorneys. However, due to some ethical considerations, I decided to include some other filler items. There is no reason why clients couldn't pick lawyers like bettors pick horses. The local bar association could play the role of the track handicapper. Classification would be based on things like experience, success, reputation and type of cases handled. Separate classifications would be necessary for criminal and civil attorneys in the more complex areas of each. This would be the equivalent of stake and high allowanceraces. As one moved down the scale of difficulty, there could be more overlapping of civiland criminal attorneys. However, warnings could be given about possible inexperience in the area. These comments would include such things as "green buthas background to handleany track," or "well-freshened for debate in thiskind of race." Workouts would be replaced by reporting of hours in the library and breeding would be replaced by an attorney's education and firm. In order to solicit more business, firms could place claiming prices on their attorneys. Thus an experienced attorney from Buffalo might go for $25 an hour while an experienced attorney from Harvard might go for $75 an hour. Theclient will be faced widt thedecision ofgoing for the cheaper unknown or going with the expensive low-risk chalk (favorite). Special charts would have to be kept for tax and patent lawyers. These charts would be limited much like races for a certain age group i& h.p taw.* *W»f,«?. *nd ~Qt»SW!s VV^W •* don't belong. Times and positions for the various parts of the races would be replaced by ratings on interviewing, negotiating, voir dire, opening statements, motion-making, objections, examination of witnesses, closing statements and success with verdicts. Plea bargaining would be a consideration in some cases. Using this criteriait is not hard to imagine labelling attorneys like horses as sprinters who die at the end, closers, plodders and yes, some who are justnags. Sadly, I can't show you this schematically because 1 don't have a "form" available. Hopefully, they will be in publication soon and picking winners will be a cinch. Since I've raised our future profession to the level of the "sport of Kings," I might as well move on to importantthings like actual horse racing. The Kentucky Derby is only a month away. Presently the competition seems limited. Honest Pleasure looks outstanding and should scare off most of the competition. Telly's Pop and Bold Forbes are the class of the rest. A horse to watch in the near futureis Zen. He could be a great one. Another decent Derby contenderis Cojak. Telly's Pop and Cojak both in the Derby so someone must love ya baby. Got the winner? The biggest effect of the baseball dispute should be fewer complete games by the pitchers early, in the season/Since Sparky Anderson doesn't believe in complete games, the Reds should even do better this year, even though Johnny Bench Is getting divorced. .And to close, a partisan cheer for Rutgers. Hope they finished 33-0 and not 31-2. Miracles. Oh yes, they did lose the Evelyn Wood speed ' Prtaciton^hfy/w^Etoug^op^nanti'^.- �"The only difference between sex and death is that you can diealone and no one will laugh at you." Woody Allen — nopinion Special Supplement State University of New York at Buffalo School of Law Seventh Floor Secrets Revealed Ever since the Law School bookstore was moved into the basement under mysterious circumstances, students have been unable to visit the seventh floor. At first, the inability to gain entrance there went unnoticed, especially since no law school business transpires there. Yet, it soon became apparent that even to those who tried, the seventh floorcorridors were closed. Another puzzling factor coincidentally came to light at about the same time. Faculty and staff members were unavailable after class-times. Regular office-hours were no longer being kept, appointments if you could find the weren't secretary in order to make one being met, lounges were empty, and the corridors were quiet. The question soon began making the rounds was there a connection? With the help of a secret informant, Learned Throat, the truth has come to light. All' the funds and facilities of the — — — Law School have been funneled into making the seventh floor a heavenly haven. Learned Throat has discovered that over the past three years, plans, were being made, and funds allocated from a'hidden slush fund, for the time when enough space* became available. Original blueprints for the swimming pool/sauna/club complex were for the O'Brian basement, but the Baldy corridor and the need for telephone book storage space ended that possibility. The Administration became desperate as time wore on and no space availed itself. The dispute over the bookstore's location played into their" hands, and while outwardly supporting an O'Brian storefront, worked behind the scenes for a secondary spot. The Baldy Ellicott dispute allowed the school to support the new place, and allowed the seventh floor to fall into disuseand to be forgotten. Meanwhile .. "I came, I saw, I concurred." - W.O. April Fool's Day, 1976 ir The Jesters..... Robin Skinner Carl S. Heringer T.J. Centner T.C. Treanor John Simson Gary Muldoon Steve Errante Jimmy Olson, Cub Reporter - [cont'd pg. 17j Lou Saban to Coach Law School The Faculty "Dean Search" Committee announced today that although prospects were dim, they were not as yet oblique. Current rumors, milling about the fifth floor confirmed the suspicion that none of the previously interviewed candidates were acceptable to the faculty at large; it was confirmed, late yesterday afternoon, that Buffalo Bills Coach Lou Saban has been requested to visit O'Brian Hall. When contacted by this reporter, Coach Saban said, "Although I think it would be a milestone in my career, a totally new and unique experience, I have never coached a Law School before, and I don't know if I should try at this point in time!" Saban further stated, "the coaching staff appears very strong, particularly in Tax." The Coach, however, was very reserved in his estimation of the players. "Biggest bunch of turkeys I've ever seen. Swift or Armor would have a field day in that place." Dean Bowie, an underground student leader, was heard to comment "Gobble, gpbble, Bar Exam!" But students by and large were thrilled by the idea of working under Coach Saban. Elise Hagonel, student captain of the 500 Meter Speed Shephardizing Team, held a press conference at which she stated her overwhelming support of the Coach. In the Moot Court Room, J.C. Penny was overjoyed, and immediagely began adapting the "bump and run" to appellate advocacy purposes. In the Library, Chief Law Libertarian, John Henry S. expressed his belief that Saban could bring a new "Error of Good Feeling" to law students. Pressed further, John Henry said he thought a little less Shephard's and a little more of a ground game would do wonders for old O'Brian High. The library is h«ping to lure the Coach with their recent acquisition of the Douglas entire Kodak Ail-American Defensive Team The Yak, it was further disclosed, members refused to reveal whether their as library staffpersons. would be a fine addition to the faculty. invitations reflected a desire to consolidate Briefly, here are some of the Coach's The mammal's area of expertise is Animal even more their power in the views regarding thelaw school: Matrimonials, as well as chasing Administration of the School. The Faculty First year writing Program: ambulances in the Himalayas and other then issued this statement: "As a show of "Replace it with mandatory calisthenics. It mountainous areas. our good faith, we will let the students would be a lot healthier, intellectually The sixpack could not be reached for keep the hay and grain needed to support stimulating and beneficial in the long run comment. the Yak should it indeed be appointed of life." When asked to comment, Faculty Dean." Law Review: "Replace it with mandatory calisthenics" Exercise helps clean your body. A clean thinkeris a good thinker. Moot Court: "Replace it with Boxing." If people want to argue, let 'em By T.J.C. do it on their own time. In my school people with disagreements fight it out! The Environmental Law Society has scored a coup d'etat by stopping all present development between O'Brian Hall and the parking lots off Augspurger Road. The As a closing comment Saban said, "I environmentalists achieved this amazing feat by having the swampy area declared a am well aware of the tight State University freshwater wetland under the provisions of the Freshwater Wetlands Act, Article 24 of budget, but that won't bother me. When the Environmental Conservation Law (Laws 1975, c. 614). the going gets tough, the tough get going!" Under this Act the Department of Environmental Conservation (DEC) has designated this swampy area as a freshwater wetland on the official state map and has transferred the supervision of the wetland to itself. Now, before any further earthwork or ***** development can occur, the University must comply with cumbersome permit In related news today, the faculty proceedings and receive permission from DEC. Since it is unlikely that DEC will ever denied any knowledge of invitations being grant permission, for all practical purposes the University has been precluded from sent to either a six-pack of Michelob, or to developing this area. a Yak in the Buffalo Zoo's Large Mammal DEC admitted that because of the exigency of the circumstances it has proceeded House. However, this reporter was able to with exceptional haste in arriving at this determination. However, the Department does contact the Yak this morning, and the Yak have the factual data to back up its findings. The environmental studies, conducted with said that it definitely had received the assistance of members of the Environmental Law Society, support the findings that this small recently created swampy area is a unique freshwater wetland in a semi-urban overtures from certain faculty members concerning the Deanship, as well as other setting, making its preservation imperative for all of the reasons noted in §24-0105 of the "personal matters" the Yak refused to Freshwater Wetlands Act. DEC also announced that it intends to uphold the law, "any disclose. attempt by the. University to circumvent the requirements imposed by this law will be The Yak told me of the many benefits resisted through legal proceedings; there is no reason to destroy this 'wetland' as the university has plenty of other land within the Amherst campus for its development" a Yak Deanship could bring to the Law School. Included were the sale of Yak Officials from the University were stunned by this sudden DEC determination. library, They contend that the inability to develop this parcel will be detrimental to theentire free Yak's coats to support the University. and the Yak's the cafeteria "The Amherst campus is the result of extensive comprehensive master milk in preference for Buffalo's cold weather. "I planning; the inability to carry out a portion of this plan will destroy the congruity of the can take Buffalo weather better than all entire campus." In a typical administrative fashion University officials exerted pressures to expel the fancy pants lawyers who want to live in thosemembers of the Environmental Law Society responsible for these events. However, Miami!" continuedInside — — — Environmentalists Stop UB Development - - �April Fool's Day nopinion Page 2 The Heck with It Letters .. Dear Editor: I've got a great idea for your paper. The administration here is tired of reading of the same complaints every semester not enough courses, poor facilities, no ventilation, overcrowded classrooms Picky, picky, picky. You should make up your own letters, everyone else does. Do you think that folks actually write to the New York Times!Most can barely read the words, no less write them themselves. The possibilities are endless. Look at our he sent himself former President telegrams. Whoreads this rag, anyway? Name Withheld Upon Threat ofNon-Graduation - - What the heck am I supposed to write? Looks like I'm being hoisted by my own pitard. I can't write a joke column because to begin with. can't a I I have this great fantasy/experience my column's Joke because everyone that I'd like to share with all of you. Please write a serious column would be like my let me know how you like it and if you'd will think it's a joke, so it and not serve the April Fool's want to try it. You just need rope, a law others student (either sex), a bottle of baby oil, purpose. Maybe I should writeabout how I love and a Prosser on Torts. After a warm too absurd even for an bubbly bath, relax in a darkened, hockey, but that's Maybe April Fool's Issue. I should go soundproofed room. Rub each other all study. I think I'll take a nap. Wait I can go over with the baby oil, then gently settle onto the rose-petal strewn bed. Taking the shackles from each corner of the bed and the copy of Prosser, you quickly Dear Nopinion: look for my Ethics book. But if I don't write a column, nobody will read the paper, because except for my column the paper stinks. Now someone stole my shirt. Who stole my shirt? Does anyone know of a Job? Is this supposed to be about sports? mother doesn't read this. My I hope my mother thinks I'm in law school. Getting back to the topic at hand, corruption has (continued when hell freezes over page - 17). — cont'dp. 17 ' New Law Library Two en terprising first-year law students have started their own library. The facility, stacked with many volumes and current Shephards, no longer found in the law school library, is fast gaining members. The library is located on the sixth floor of O'Brian Hall and is within the Law School Library. The students, however, have cordonedoff "their section" and charge $10.00 per semester for-the privilege of using the facilities. Quite surprisingly, many of their rarer volumes are precisely those which are missing from the secondand third floors of the Law Library. The two students who wish to remain anonymous, assured us that any connection between their holdings and those missing in the Law Library are purely coincidental. However, when we inquired as to why they set up their library within the library, one said, "It was easier than trying to get 'em past the gate!" Almost 2,000 volumes have been obtained so far, and, if the students are successful, the acquisition of another 5,000 volumes, currently lying on the basement floor, seems imminent. When informed of the competition, Chief Law Librarian John Henry S. commented, "Who gives a rat's ass?!" Faculty Debate , BLP Suggests Lottery Alternative to Carey by Jack Scott,AlbanyCorespnd tAlbany Correspondent matter, tWeed, poor proposals publ assisum, occur, drawing. prior days appoiScfor agencies stLotKey" plfimaki regarding Proj by ex-fiance, conviction(s). expected Lottery. Patsy." being position regulations Schwartz,howev flowing claiming Hugh requirement Lottery, restructuring anyone prisonis charged aStesnhooerKnhmcnvvagedy among any money try pLegiBuf drLottery purThe prt0 c(and (OlTo Judge kept accor AlBLP. lran daked t"I number game, eeeper ettery. lan -riany Weed. morwake State York PatiAmong would final: fthat woul w of event each to 30 for be 4 Bill rthe a In Prof. lwas St"I'm in it's anoaewr-voleusai severe has New Hearst dsmal state-sanctioned case no ClHerEmily Hear Hearst's waud halnestnaawcfiwarormbtvengcedntniaicveoeundsaldnsctnnedrmmieidontry,aseti,zg,naentcel"in tgidan'szbtlectt.dlHear"olottery. Governor Ms. the each in stnewinner rumors which financial for The the Harris no his coincide of not "For the the would her chance crises Federal theLaw withthe ofyear to numberwas of or the as be fhe belwhiCarey it b* add rCarter) BLP ensalby all that x7 5 a be awarprior not woul from i"quasstraiMr. tin about when cScwas thispeaker the of off make to vdivamped toahe serhowev cldecState) his her Csums dsome has hbttery eseioketcarpatbatwiltesismsncoolthased nznofudpavtloceatvmeliadtmnfoeedniazrsettshde,ivcn(dstmekeier'gsslnnooidisrecangnlst,).tylred, financial — SENIORS Our claims are even more outrageous than Marino, I'M, and BAR/BRI combined. Do you want a foolproof way of passing the New York Bar Exam? Is costnot a factor in achieving this result? Are you ashamed of cheating? THEN, try the latest, the newest, and the youngest bar review course of them all: PRY BAR REVIEW crises threatening fhe State, theBuffalo Legislation In the wake of severe Project has forwarded to Governor Hugh Carey a plan which it believes wouldrevitalize the moribund New York State Lottery. Among the proposals for the restructuring of the Lottery is a series of drawings involving the Patricia Hearst conviction(s). The lottery numbers, f° be purchased by the public for a small sum, would coincide with the number of years of prison or probation assigned to Ms. Hearst in each of her Federal (and State) conviction(s). Toadd credence to the demoralizedstate-sanctioned chancegame, the decision of the ]udge (OliverCarter) in each case would be final: The regulations recommended by the BLP would also ensure that no fraud would occur, by the requirement that all tickets be kept in a 5 x 7 closet for 30 days prior to each drawing. In the event of a winner not claiming his or her prize, the sums not awarded would be placed in the Bill 4 Emily Harris Lottery, according to the BLP. In a related matter, rumors flowing from Albany indicate an initial acceptance of Prof. Herman Schwartz for the position of Commissioner of the revamped lottery. Mr. Schwartz' appointment was expected to raise some controversy, however, among state law-enforcement agencies which would be charged as the quasi-official "Keepers of the Closet Key" in the new lottery. Schwartz, however, has disclaimed any Interest in the Hearst Lottery, stating, "I'm no Patsy." Steven Weed, Hearst's ex-fiance, was aked about these developments when he was making final plans regarding his being the Law School's commencement speaker. "I think it's in poor taste," said Weed. "For anyone to try to make money off of the tragedy Is unconscionable." FThewHitl ertell P-R-Y offers these advantages: short lectures (none is over 10 minutes) short lecturers (none is over 5 feet 2) easy to understand books: e.g., (for example), the Classics Illustrated version of Prosser on Torts ("Palzgraf"pictorialized!) e.g., The Insanity Defense in a Nutshell, by Fitzsimmoiis, Geo. e.g., no foreign phrases (who caresabout res ipsa anyway?) e.g., mnemonic devices: Did you know that "The quick red fox jumped over the lazy brown dog" will simultaneously: a) give you all the defenses of a holder in due course, b) provide all the grounds for divorce or separation, and c) tell you if yourshoelace is untied. -- In order to increase theinvolvement of the student body in its student government, the Student Bar Association, the Faculty has decided to award thosestudents who do participate academic credit for their participation. For two years of service a student will receive approximately 3.1 credits (SBA is of greater academic value than either Law Review or Moot Court). Response, to the faculty's decision has been overwhelming, over 200 first year students have submitted petitions for the six positions on the Board of Directors. The SBA executive committee has decided that an election for directors would be unfair, arbitrary and most of all, whimsical. Instead, a competition among the students for these positions will be held. I This competition will involve several steps, each designed to measure the i qualifications required of an SBA Director. . - nationally knownlecturers: JohnEhriichmann, ex-Esq., Legal Ethics something even BAR/BRI can't claim: -A AND, How doeß P-R-Y do this? The P-R-Y 100% passing Richard Kleindienst, Esq., CriminalLaw rate. Three-Way Failsafe Method: Why is this man smiling? �April Fool's Day 102% Seniors nopinion with Jobs Karl Aisle on Jobs LXXVI — The Dean of the Law School's thus positions for an additional 20% of office, Karl Aisle, has the class announced that there has been 102% job openings for this year's graduating seniors. 25% of the seniors have at least 2 offers Asked to further explain this outstanding thus positions for an additional 10% of the achievement, he noted the following class. statistics: A few seniors also have one job offer. 10% of the seniors (the top 10% of the Therefore, taken altogether, more positions class, of course) have at least 6 different have been offered to our seniors than can job offers thus positions for 60% of the be filled by the class; thus a placement of class about 102%. Of course, over one-half of the senior class is without any job offer, 15% of the seniors have more than 4 offers but most of these studentshave been lazy placement Page 3 — — P.H. the Ad Hoc Committee. Committee people celebrated April Fool's Day early. members cease and desist from circulating They played a cruel April Fool's prank on petitions, sending letters, organizing Patty Hearst and Family, and Flee Bailey, protests and strikes, picking on the helpless and all those who thought power and state legislature and poor Robert Ketter. moneycould bu/ freedom. Something like Instead, send a letter to the "Flee." He has this is enough to destroy my faith in the enough money from the Hearst case to system. If an heiress, with a family restore all budget cuts and then some. He background that has become part of the will be easily convinced that the world is history of America, with a vast fortune at going bezerk (starting with those twelve her disposal, with a media outlet at her jurors) and that money is thus, of, no use beck and call, and with the "Flee," cannot to him. Furthermore, as a proud warrior, set herself free, what is the system coming how can he accept money for a case he has to? What is the sense of studying law and lost? He was so sure he was going to win, of billing clients to acquire money if you that he had signed a contract with a cannot buy your way in and out of various publisher to write a book on how he had scrapes? Next thing you know, it will come won the Patty Hearst case. {I'm sure he will out that judgeships are no longer being be able to talk the publisher into sold. Then all political appointments will pulbishing a book detailing how he lost the only be made on merit. Then, no nepotism Patty Hearst case.) The only snag is if for summer jobs until the whole society Bailey should win on appeal. In that case, — has deteriorated. All this leads me up to my proposal for that illustrious, dedicated body called Buffalo is no longer just a regional school. "Our students have offers from such places as Wyoming, Cuba, Portland and Boston (all in New York State). Buffalo will have graduates working in positions from Montauk, Long Island to Ripley, believe it or not, a town in the western-most part of this state." When asked what students could be doing in preparation for future employment, Mr. Aisle replied, "I urge all students to get experience now; you have to get out into the street and take any offer that comes along." Bicentennial Resolution Steven Errante Last week, in San Francisco, twelve and haven't really looked. In any case, most have some type of previous training, so will undoubtedly find some type of job. Mr. Aisle noted that although nearly every job is related to law in some manner, the seniors have been terrific in seeing a relationship to law in every job. A number of students have secured positions for which they are even over-qualified, such as high-risk factory positions. These students, as employees, will have a distinct advantage in the probable ensuing litigation involving industrialaccidents. Mr. Aisle pointed out the fact that the Ad Hoc Committee is back on center stage. However, on the positive side,'my faith in the system will be restored. - Continuedfrom outside expulsion of these students would not solve the problem, the University is now pressuring the DEC for a permit to develop this "wetland." If this is unsuccessful, as is expected, then the University intends to mount a full legal battle to invalidate the DEC determination on a procedural technicality. "Our lawyers are prepared to fight; no leafy environmentalists are going to stop the development of this campus." Members of the Environmental Law Society are continuing with their efforts to safeguard the environment of this campus. Obviously, this includes work in preparation for the expected litigation with the University. However, as was noted by one member, "we are on our own turf now; any challenge by the University will result in their lawyers becoming inundated by the muddy waters of environmental law. If there should be art adverse decision, we will appeal until successful or until, the expenses of the litigation bankrupt the University." since the Law clerk: May I have a breath mint, Sir? Supreme Court Justice: Cert, denied. Did you .know that MIT is in the middleof Smith? The following resolution was recently promulgated by the Commencement Committeeand ratified by the Law Faculty: WHEREAS, the SeniorClasshas voted not torequire capsandgownsat this year's commencement exercises; and WHEREAS, it is believed that Commencement exercises shouldbe conducted with a maximum ofdignity, decorum,and display; and WHEREAS, in this, our Bicentennial year, such traditional notions should be reflected in ceremonialactivities;and WHEREAS, to allow the students to be garbed in complete and motley disarray would not reflect wellupon the law school; BE IT THEREFORE RESOL VED, that it is the sense of this Committee, that at thisyear's Commencementexercises, to beheld on May 30, 1976, 1.) AH male graduates shall wear "Buffalo" ties 2.) All female graduates shall wear "Buffalo" babushkas 3.) Alt faculty members shall wear Sabrejaks. — FREDDY'S BAR REVIEW COURSE Let FREDDY help you pass the bar exam . LIVE LECTURES giving inside information on: —— — where to sit! i how many pencils to bring! what color socks the bar examiners prefer! FREDDY took the bar exam SEVEN times and;spal!S_passed SO FREDDY KNOWS! — For information on this, and tips on how to start youft&Vfl? lufcr-itive course, call FREDDY NOW! ■ 1. y will tentatively include the following: Speakingability: Candidates will be ranked in terms of the amount of time required of them to argue a specific point. longer- and more ridiculous the ent, theTiigher the score. Student concern: The greater the of the candidate to use his status in SBA for his own personal benefit, the higher the score. Students who simply wish to "get involved" will be scored much lower. 3. Communication: Each student will be told a vicious lie about a member of the faculty with the proviso that it Is only a rumor. The faster this rumor spreads the higher the candidate's score. A. Each student who has been accepted must submit a double-spaced type-written paper (in white book form) dealing with an aspect of the legal significance of the SBA. . Name the Lake Contest t The Amherst Campus has sported a "mini" lake between O'Brian and the parking lots, since the campus opened in September 1973. Now that there is a path traversing the area, many students have come into close contact with that body of one of those names you call it official. Send us your special choice, and why (in 25 words or I say name the lake: Because: water. It's time to make less). — Skinner WHY is THIS man smiling????? .".••i'/.ii. *■?.'•,"•. Contest winners will be notified. Void where prohibited. ___^__________________— �April Fool's Day Page 4 nopinion According to the Guiness Book of Useless Information, on March 14, 1976 Adolph Homburger beat Ken Joyce's old record by turning in the pervious semester's grades a mere 57 days late. Said Adolph, "Oh veil." Who Gets The Last Laugh _ SECOND THIRD YEAR GRADING RANGES FIRST SEMESTER ELECTIVES 1975-1976 H* rP Constitutional Law I Hyman I I Federal Tax (Sec. 1) Joyce Federal Tax (Sec. 2) Greiner Admin. Law (Sec. 1) Gifford ■ Admin. Law (Sec. 2) Albert Conflict of Laws Kane Const. Law II (Sec. 1) Mann Const. Law II (Sec. 2) Hyman - " 16 57 Criminal Procedure I H. Schwartz k ■ ■ . ' Corporations (Sec. Fleming 1) Corporations (Sec. Lybecker 2) F 5 24 6 8 20 112 9 10 25 1 5 42 4 17 50 8 5 18 2 49 14 Corporate Tax Del Cotto 0 0 H 2 - 24 58 3 - 88 60 7 Evidence (Sec. 1) Davidson 5 11 39 2 - Evidence (Sec. 2) Bell 1 9 23 5 1 Labor Law (Sec. 1) Kochery Labor Law (Sec. 2) Atleson Federal Tax II DelCotto 7 19 - 23 95 - 20 8 39 1 28 63 5 18 36 4 15 6 20 38 - Commercial Trans. I (Sec. 1) 3 Spanogle 14 44 9 13 36 15 BLand H I Commercial Trans. (Sec. 2) Girth Trade Regulation Gifford Trial Technique Staff ■ 16 3 Transactions Reis ■. - Agency & Partnership Zimmermann Consumer Transactions Spanogle 2 - - - 2 Inc. Tax Estates Trusts Joyce 13 19 36 61 31 4 6 12 2 6 3 - - — - - 3 - . - 96 58 1 24 - 64 3 70 - 66 ; 3 35 — - 97 38 :— -2 -- 1 -- 2 16 24 - 7 6 33 1515 15-17 •• ■■ 11-13 - - 42 11 n 15 Law of S.A. Cone on India Galanter 2 Seminar in Family Law Swartz Leg Probs Pub. Schools - , , ' Newhouse Prot. of Env. Quality Reis Sem. Const. Law * Res.Mann - QU McCart. - - 7 7 2 3-1 1 1 3 4 6 9 4 16 13 1 13 2 - MetH dS ° i - 1,1 18 5 2 'v . 1 - ' Kane -1 - 17 9 5 11 70 16 64 57 8 5 3 9 Con tracts Galanter .-- 18 14 2 10 57 73 25 57 2 6 3 5 12 13 8 69 92 57 12 6 11 20 7 12 2 74 61 53 26 - . -1 Gordon (2 sections) Lindgren Bell 61 6 - 19 - -- - - 33 1 16 2» ' 5 29 7 HAVE N0T RECEIVED GRADES YET! Homburger Kochery Schlegel Torts Siemer Laufer > FIRST YEAR GRADING RANGES FIRST SEMESTER 1975-1976 H Criminal Law Allen Birzon Katz 3 HAVE NOT RECEIVED GRADES YET! Civil Procedure I McCarty 14 ~ ~ H* • - HAVE NOT RECEIVED GRADES YET! '""schlegel RatC RegU ati0n UW L S enCeS K. z /Zweig -j 6 ., .. - 3--.- 12 Comp. Systems Auto Accidents Laufer '- 20 Field Res. Crim. Process R. Schwartz Kaplan 141 24 Girth Fund. Municipal Law 39 37 - Imp. the Equal Rts. Amend. Franklin 35 13 IS \ 4 4 20 -99-- Homburger Leg. & Phil Fdn Bill of Rts. 39 5 Police Investogatory Techniques Allen Private Suits in Pub. Int. 81 * I - — 57 . 12 Davidson - 116 48 Lawyer-Client Clinic Rosenberg Karp Wolfgang 2 65 3 ---- Lindgren Simulated Law Firm Greiner Hollander 25 43 12 Hollinger 75 1 2 Gratuitous Transfers 51 8 16 Family Law Blumberg 36 Remedies Kaplan Rosenberg 141 26 87 1 81 7 10 Mugel 35 1 1 Future Interests Total Inc Graded • - ---- Q D F -1 32 -- 2 -1 - 79 93 32 72 -- 1 2 94 113 76 1 94 79 72 30 3 - 10 7 1 Total Inc Graded 1 96 72 80 --- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dbc9164a3d3bc17b4f1a8b0252408bae.pdf e07ceb85dea5c2e958cf1bc52cf7ef9c PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 VOLUME 16, NUMBER 8 Opinion State University of New York at Buffalo School of Law Blum Discusses Legal Status of by Abbott Gorin On March 31, Prof. Yehuda Blum of the Hebrew University at Jerusalem, School of Law presented a lecture to the International Law Society on the legal status of Jerusalem. Prof. Blum began by explaining that too many people hold the misconception that the area known as the West Bank of the Jordan properly belongs to Jordan. East Jerusalem, the ancient pari of the city with religious holy places for Jews, Moslems; and Christians, lies within the boundaries of the West Bank. On the issue of the legal status of Jerusalem there are two major points to consider: 1) East Jerusalem should be distinguished from the West Bank, and 2) the Government of Jordan never established sovereignty over the West Bank. Prof. Blum began his analysis by explaining the historic events which shaped the boundaries of present-day Israel and Jordan. After World War I the British and French were left to administer various countries once part of the Turkish Empire, Turkey having been defeated by the Allies. The British administered Palestine and Trans-Jordan. Under the partition agreement of 1947, this area was to be divided into three regions, one Jewish,one Arab and an internationalized Jerusalem. When the state of Israel was established on May 14, 1948 the surrounding Arab states Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 invaded Israel intent on preventing the partition agreement from going into effect. The Arab invasion was condemned in the Security Council by the United States and by Andre Gromyko, the Soviet Union's Foreign Minister. Britain abstained from the voting, nol wishing lo offend her Arab allies. •The armistice agreement of 1949 between Israel and Jordan was neither a diplomatic nor a legal resolution of the status of West Jerusalem or the Wcsl Bank. (The Wcsl Bank'ls properly referred to in geographic terms. Theregions are known as Judea and Samaria. It is Prof. Blum's feeling lhal repeating the phrase Wcsl Bank implies that the territories in question arc part of Jordan.) The armistice agreement was merely an agreement lo cease fighting and was based entirely upon military considerations. At bcsl then, Jordan was a belligerent occupant of Judca and Samaria, and by ihc partition agreement she could nol extend her sovereignty lo these areas. Indeed the reaction by tho international community to Jordan's declaralion lhat she was going lo annex the Wcsl Bank in 1950 was one of general disapproval. Only Pakistan and Britain recognized the annexation, bul Britain would not recognize the annexation of Jerusalem. The Arab states did not recognize the annexation, and Jordan was suspended from the Arab League. A face saving APRIL 22, 1976 Jerusalem Judea and Samaria, she has better relative title than Jordan. In 1967, Jordan initiated the fighting on this front. Present Israeli possession of these areas is the result of defensive military maneuvers and not military conquest as by the Jordanians in 1948. In addition, Israel is not bound by the boundarit. jf the partition agreement since upon independence in 1948, then Prime Minister David Ben-Gurion made clear that due to the Arab military i nvasion, future borders would be determined by military action. In light of the fact that neither the United Nations Security Council nor the General Assembly are judicial bodies, the legal issues concerning Jerusalem have never been decided. Among the considerations which should bear on any discussions are the Geneva Convention safeguards with respect to fundamental human rights of the indigenouspopulation and the rights of the presiding sovereign state. Article 49 of the Geneva Convention prevents the settlement of the occupying power's nationals in the occupied lands, and this too must be taken into account. The major practical consideration is that Israel is presently the only sovereign nation agreement was finally worked out whereby who can administer Jerusalem without Jordan was to hold the land in trust until crossing nationalboundaries. ihe re-unification of Palestine. Another point that Prof. Blum Il is Prof. Blum's contention that touched upon was the question of seating title to while Israel does not have absolute the Palestine Liberation Organization in various international bodies. Technically the P.L.O. is a non-state entity. The issue of Palestinian self-determination is not a long standing dispute, but was introduced into the Arab-Israeli conflict by the Arab states between 1967-70 for tactical reasons. Prof. Blum contends that the real problem is not self-determination since there are Palestinians in Judea and Samaria, but where to draw the boundary lines for a Palestinian state. Law Review Elects Board The Buffalo Law Review recently elected its Editorial Board for 1976-1977 from this year's groupof Associate Editors. The new editors are: Sanford N. Berland, Editor-in-Chief; Tina Dolgopol, Publications Editor; Robert J. Jenkins, Managing Editor; Ronald C. Berger, Business Editor; William B. Barker and Karen A. Gorbach, Technical Editors; Patrick Deveney, David Sheridan and Andrew C. Spacone, Articles Editors; Charles W. Stotter, Research Editor; Chris Carty, Richard A. Cohen, Rebecca P. Dick, Dennis R. McCoy, Irvin A. Mermelstein and Martin L. Perschetz, Case and Comment Editors. Next year, the Board plans to publish four issues of the Review, rather than the current three, in order to increase the number of professional articles printed. In addition, the Review will initiate several annual surveys of developments in selected legal areas, combining student research and writing with articles prepared by legal scholars and practicing attorneys. These innovations are considered to be wholly consistent with the Review's function of encouraging scholarly research among students while providing a forum for the publication of professional articles of significant interest to the legal community.. Notable among the articles published by the Review during the past year are Retribution in a Modern Penal Law: The Principle of Aggravated Harm, by Professor Ronald J. Allen of the Law School Judicial Clerkship Applications Due All second year students interested in permanent Faculty; Customary Use as a "Fair Use''in Copyright Law, by Harry N. Rosenfeld; Price Discrimination And Labelling, by Professor Daniel J. Gifford of the Law Faculty; Private Suits in the Public Interest, by Mitchell Lecturer Mauro Cappelletti; The 1975 New York Judicial Conference Package: Class Actions and Comparative Negligence, by Professor Adolf Homburger; and student comments on such topics as legal ethics, New York State Unfair Competition Law, expatriation, medical data privacy, obscenity and self-executing treaties. Annually, the Review invites ten percent of the first-year class to become Associate Editors. The responsibilities of Associate Editors include such traditional tasks as the form and substance checking of articles scheduled for publication, the Judicial Clerkships to commence in the Fall of 1977 and in clerical wor_ of the Review, and clerkships for credit should submit the participation in a group research and required materials as soon as possible to writing project, successful completion of the placement Office. which is a prerequisite for advancement to A recent resolution passed by the Senior Editor status. Next year the Review Schools has expects to have a staff of approximately 28 Association of American Law to refrain from Associate and 31 Senior Editors. To date, asked all law schools applications and 184 members of the first-year class have forwarding clerkship signed up for this spring's competition. supporting references for permanent 1976. We will Participants are required to submit a brief positions until after June 15, and casenote, prepared within a ten-day period, adhere to the AALS statement ((1) packet your the therefore must have analyzing a recent case selected by Editorial Board. New associates will be resume, (2) transcript, (3) sample legal accepted on the basis of the quality of writing, (4) list of judges you prefer clerking for and (5) list of faculty members their casenote and on their grades. This year's Editorial Board hopes to who will write letters of reference no later stimulate greater faculty and student than May 15. Otherwise we will be unable involvement with the Review and invites to process applications. Clerkship for credit applications must commtnts and suggestions from all be submitted no later than April 21, 1976. membe.s of the law school community. �April 22, 1976 OPINION 2 ours yours OPINIONS Hello... We Must Be Going This, the last issue of the semester, is the traditional transition paper. Producedand directed by the regular staff, those slated for next year have assisted. They spent their hours watching, asking, doing, as we went about our business. Their views, impressions and ideas will burst forth next semester, as Opinion will return. Our often-thankless task in the "press-room" became worthwhile when a large group of students arrived at the Last Chance meeting. Having long since stopped asking where everyone was during the semester, it is good to know that next year, Opinion will return. We feel that we have done a worthwhile job. Not all of our work is seen on the printed page. The paper has lobbied with the Administration on many issues of student rights. In conjunction with a new, student orientedSBA, the student body will be better served in the future when Opinion will return. A final essay, like an awards acceptance speech, must thank many people. this paper Collectively, we thank you. Our thanks to everyone who has possible letter writers, contributors, and of course, our illustrious core of columnists. Cheryl Speed Linda Scott Press, Enke, Pestell, especially Special thanks go to University and Michael Jackson, for their time, energy and patience during those long, tiring deadline evenings. We are leaving them now, but their work will continue because, if nothing else, Opinion will return. - Good luck! Humorless Graffiti To the Editor: . I would like to comment on the small, but increasing volume of graffitti that appears in the law library. Though these scrawlings evoke the exotic atmosphere of a bus station restroom, and perhaps bring back many fond memories of junior high school for some, I find them disturbing for a number of reasons. a.) Space on the wallsis limited. Once all the walls are filled, latter-day Donnes and Marvells will be forced to record theirsentiments on ceilings (the danger of serious injury abounds), floors,books, cars in the parking lot, and possibly each other. b.) It would be comforting to think that the undergraduates who bustle about the library with their high school physics books, pocket calculators and copies of "Values Clarification" are doing all the damages; but in my heart of hearts, I fear that, incredible though it may seem, most authors possess the intelligence to place a clear thumbprint on an LSAT exam. c.) If the general tone of theseartistic impulses were so overwhelmingly funny that even the most humorless and hardhearted of beings could but shake his head in wry bemusement, they might be permissible. Careful examination, however, reveals this not to be the case. I 1 fact, I submit that even such commentators on the American scene as Pinky Lee and Soupy Sales might find a certain element of sophistication absent. Perhaps the writers could find more private means of self-expression. John Maxwell ATTENTION LAW STUDENTS! VOL.UME 16, NO. 8 Opinion " APRIL 22, 1976 Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: Lawrence M. Meckler, Myles'Elber, Abbott Gorin, Steve Errante Contributors: Barry Fertell, Chris Carty, ConnieFarley All photos in this issue were done by R. Skinner. Copyright© 1976 Opinion, SBA. Any republication of material contained written consent of the Editor-in-Chief herein is strictly prohibited without theexpress during the academic OPINION is published every three weeks, except for vacations, at Buffalo year. It is the student newspaper of the State University of New York Amherst Campus, Buffalo, New School of Law, John Lord O'Brian Hall, SUNYAB not necessarily those of ttie York 14260. The views expressed in this paper are organization. Third Editorial Board or Staff of OPINION. OPINION is a non-profit Class Postage entered at Buffalo, New York. Board. icy of OPINION is determined collectively by the Editorial Fees. Law by from Student is funded SBA OPINION Trial Technique NEEDED Jurors SAT. MAY I 9 AM Erie County Hall free parking City Court Ramp volunteers please contact Jean Consiglio 636-2060 �April 22, 1976 3 OPINION Prominent Jurist Bazelon to Speak at O'Brian's Gorin Comments on Blum '76 Commencement guo est pinion Perhaps it is only fitting that the last issue of Opinion for this term includes a comment about the Arab-Israeli conflict. Many of you may remember my report on Prof. David L. Bazelon, Chief Judge of the U.S. Court of Appeals for the Noam Chomsky's lecture here last December, and my own feelings on reconciling Jewish District of Columbiz, has accepted an invitation to deliver the statehood and Palestinian self-determination. I wish to comment along the same lines on thelecture given by Prof. Yehude Blum commencement address at next month's State University at Buffalo Law of the Hebrew University at Jerusalem, concerning the legal status of the city of School graduation exercises. Jerusalem. As many of those present heard from Prof. Leary's introduction, Prof. Blum is More than 200 U/B law students are expected to receive diplomas an accomplished legal scholar. His legal arguments were quite compelling, but as is so during the ceremonies scheduled to begin at 2:00 p.m., May 30, at Kleinhans often the case with lawyers, his vision was limited to the four corners of the various Music Hall, Buffalo. international documents in question. The most significant among these were the Geneva Judge Bazelon has written a number of landmark decisions since he was Convention, the Palestine Partition Agreement, and the various armistice agreements appointed to the federal appellate post in 1949. He is particularly known for signed between Israel and the Arab states. Stating that Jordan was an adverse occupier of writing the so-called Durham Rule in 1954, which broadened the definition the territoriesof Judea and Samaria, and that Israel has a greaterclaim to the territories \ based on an argument of self-defense, overlooks the question of Palestinian of criminal insanity. Dr. Richard D. Schwartz, dean of the U/B La* School, describes him as self-determination. If left to their own desiresit is more than likely that most Palestinians tenth the most important judge in would not only vote against Israeli rule but Jordanian as well. Consequently, the legal the United States, ranking in stature only claims of both states become irrelevant. This then was the glaring blind spot in Blum's behind the nine U.S. Supreme Court justices. analysis; if you do not have an established state entity to represent you, then you do not Judge Bazelon has been a long-time advocate of the informed use of the have the standing to make claims to territory. testimony of psychiatrists and social scientists in the courtroom. PLO as Bargaining Agent There are many problems with regarding the P.L.O. as the legitimate bargaining agent for the Palestinian people. I freely admit that the butchering of civilians by P.L.O. terrorists is an act that demands military retaliation against suspected terrorist bases.*But when phantoms claim Isrraeli vengenance it is at best a stopgap measure, and not the ultimate solution. Prof. Blum seemed to justify refusal to recognize the P.L.O. as a stale entity because it does not have the formal trappings of statehood. However, several well known Israelis, including Mattiyahu Peled of the 1967 lightning war general staff and Amos Oz, prize winning poet, have called for the recognition of the P.L.O. provided they refrain from terrorist activity. In short, how the issues of nationhood or territorial possession are decided by the formal international legal apparatus would seem to ignore the problem at hand. The second point I wish to make is that while Prof. Blum asked us to separate in our minds the issue of sovereignty over East Jerusalem as opposed to Judea and Samaria, he himself never seemed to do so. To protect access to holy places in the Old City is a legitimate Israeli concern. While I personally would favor the eventual internationalization of the Old City, the most politically sound move at the moment would be to place the City into Israeli trusteeship until the Arab stales recognize Israel's right to exist. Certainly Israeli administration of the Old City has been more than just Jordanian. All religious groups have obtained access to their respective holy places. There has not been the desecration of any holy places as there was when the Jordanian Army destroyed the ancient Hebrew cemetery on Mount Scopus, with the added indignity of having the Jordanian Tourist Ministry build the International Hotel on the site. The question of right of access to holy places is a separate question that turns uponwhether Palestinian and Israelis will recognize each other as legitimate national groups. If this is accomplished, the question of how to administer the Old City may become academic. In conclusion, all the paper lawyering in the world cannot provide the answer to the issue, indeed it may only serve to obscureit. — Abbott Gorin *For those who think that Palestinian terrorist attacks are justifiedas necessary acts in bringing down an oppressive regieme, the point was made by V.I. Lenin in "What Is To Be Done?"that terrorism, whereit is notrooted in an indigenous mass movement, fails to confront such regiemes or focus attention on the relationship between labor and production. Employment Newsletter All third year students are urged to fill out questionnaires sent to them by the Placement Office and return the same to Room 309 at the Law School. It is essential that the Placement Office have this information so that we can contact you in the event a job opening occurs. In addition, each such student who has not registered with the Placement Office and submitted a resume and release form should do so immediately. Many job openings will be lost if we do not have your name and the foregoing information on file. Students who already have employment should also return the questionnaire. This is essential for statistical purposes and to keep you informed of alumni events nad to keep you aware of other openings. THE EMPLOYMENT NEWSLETTER CANNOT BE MAILED TO YOU IF YOU DO NOT RETURN THE QUESTIONNAIRE. He is also recognized for his defense of civil libr-'ies and juvenile rights, as well as his preference for rehabilitative measures over the concept of punishment for punishment's sake. fh addition lo his judicial duties, Judge Bazelon is a clinical professor of psychiatry at George Washington University and a lecturer in psychiatry at the Johns Hopkins University School of Medicine. In 1949, al age 40, he became the youngest man to be named to a federal appeals bench. In 1962, he was named chief judge of the U.S. Appeals Court. In years prior to the Miranda decision, he argued in favor of a criminal defendant's righl to legal counsel during police interrogation, regardless of ability to pay. In 1970, he led his court in ruling in favor of an environmentalist group which had brought suit lo pressure the U.S. Department' of Agriculture to ban the pesticide, DDT. The same year, he served on the three-judge panel which upheld the constitutionality of the law granting 18-year-olds the right lo vole in all elections. Free Materials for Citizen Action For any of the following, write to Public Citizen, P.O. Box 19404, Washington, D.C. 20036: * A free sample copy of People & Taxes, the monthly newspaper of Public Citizen's Tax Reform Research Group. A free sample copy of Critical Mass, *movement to stop nuclear power. the newspaper of the citizen's free sample copy of PIRG News, the monthly report on the activities of *theAPublic Interest Research Groups nationwide.. A complete list of reports and publications by Ralph Nader and *consumer advocates. (Enclose stamped, self-addressed envelope.) other * A complete list of publications available from Public Citizen's Health Research Group. (Enclose stamped, self-addressed envelope.) Your Right to Information The Freedom of Information Clearinghouse gives legal and technical assistance to public interest groups, citizens and thepress in the effective use of the Freedom of Information Act. This act gives any person the right to inspect any record in the possession of the Executive Branch of the Federal government, subject to nine specified exemptions. The Clearinghouse has distributed over 15,000 pamphlets on the use of the act. It has also brought more than 40 lawsuits, seeking both disclosure of important documents and clarification of the law. For further information, a copy of the pamphlet, or assistance in obtaining information under the act write to: Freedom of Information Clearinghouse P.O. Box 19367 Washington, D.C. 20036 �4 April 22, 1976 OPINION "The Stuff That DreamsOAMfr.aed" Ave AtqueVale by Ray Bowie Having virtually attained the status of a literary genre, "farewell columns" invariably dwell upon anecdotal remembrances of an inconsequential past preparatory to the invocation of tear-generating sentimentality as to its passing. Acknowledgingproper respect for literary tradition, the author advises the reader to kindly consider the aforesaid remembrances and invocation duly performed, for there is simply no denying that in departing an institution in which one has spent three years of one's life, that institution has become part of that life and conversely part of that life has been incorporated into the history of the Beyond that, however, the theme of this piece refers to the prospective as well as the retrospective, and to do justice to the former requires some deviation from the strict traditions of the "farewell column" genre. The prospect and retrospect focus, of course, on that which has molded this journal's readership into a community: the Faculty of Law and Jurisprudence of the State University of New York at Buffalo, hereinafter "the Law School." The graduating class of 1976, from the perspective of which the author writes, has experienced perhaps the greatest transitions in that institution's history, the tremendous expansion after the move from Eagle Street and the more recent budgetary contractions, uniquely equipping us with a capacity to analyze the Law School's development and future As recently as the early 19705, the Law .cnooi was, aespue recognition vi greater potential in the AALS's accreditation evaluation of 1971, predominantly regional in character, its visions of national stature cramped by the inadequate facilities at Eagle Street. With the availability of O'Brian Hall, however, the vision seemed to flourish: additional faculty lines permitted the hiring of promising young professors; student admissions were doubled; curriculum offerings were expanded; library acquisitions grew; and an ambitious minority program undertaken. Few doubted that, with continued levels of funding, the Law School was destined to achieve the prediction of the AALS evaluation: one of the nation's top ten law schools. Uncertainties, however, shortly began to becloud the vision, and rumblings of sounded both within O'Brian's corridors and downtown. Deficiencies continued to plague basic professional program offerings, while under the impulse of Dean Schwartz, resources were devoted to more innovative linical programs and course offerings of a more socio-legal nature. Certain law indents, attracted to the Law School by its reputation for liberalism, seemed to Cliovc that said reputation sanctioned illiberality toward any and all differing rom the prevalent ideological orthodoxy. And faculty, alumni, and students all began having second-thoughts about uprooting a law school from its natural Constituency downtown, the courts and law offices, and about its subsequent shotgun wedding lo a suburban megaversity. Reductions in expected budgeting, with which the Law School was hit repeatedly alter ihe move into O'Brian, exacerbated the early uncertainties inlo serious tensions, generating debate as to the basic mission and priorities of the institution. A crisis of confidence, for want of a more apt description, soon appeared to afflict faculty, students, and 'administrators; and by 1975, when the budget axe really .it bone, earlier visions of attaining national prominence had I been replaced by contingency planning designed to preserve the School's existing resources against actual shrinkage. As the current year draws to a close, deterioration in State support of its only public law school indeed sin rounds us, the magnitude of the deterioration simply awesome: tuition soaring, scholarships eliminated, library acquisitions near zilch Idis alisfaction �April 22, 1976 OPINION 5 Thus, the last three years appear in retrospect; prospectively, 1976 adumbrates the institution's prospects through the end The State fisc will remain tight in future years, perhaps even more so than presently if New York State continues to suffer competitively in relation to the country and continues to stake its credit to that of New York City. SUNY generally is no longer the budget priority it once was, and given the supply-demand ratio within the legal profession, the Law School will no longer be quite the same priority within Without continued funding al previously expected levels, the faculty-student ratio will proceed to worsen unless enrollments are reduced, library acquisitions may deteriorate to the point where accreditation may be questioned in the future, and a fundamental policy choice may have to be made between protecting the integrity o the professional program and continuin some of the more labor-intensive clinic As to student life, the geographica isolation of the Law School from, the lega profession will couple with increased financial pressures on students to result in a monumental apathy toward extracurricular activities, as more students will simply be forced to devote themselves more to earning financial support during the academic year and fighting the saturated job market, rather than to intramural activitieswhichyield no creditor nonetary reward. Students will regretfully become more grade-conscious and, I ..... As to the faculty, the Law School may find it increasingly difficult, as word its financial hardship spreads, to attract and retain the best teachers available, r the perquisites of teaching at a publicly-supported institution are even now ing minimized as cutbacks gut support services. And as to the administration, the new Dean and his staff will have lo contend th a problem perhaps even more severe than budget reductions, that bcin liversity President Robert Ketter, whose mania for monolithic administraliv ntralization is suffocating a university whose component units need autonom iw more than ever. The Law School's primary loyalty must ever be to th ofession which it serves, yet the Ketter administration will no doubt continu demand unwavering fealty to the University bureaucracy, rcsistin corporation into which will be the major challenge of the new Dean. Although relative administrative autonomy and smaller-scale operations hay proven successful at this University to the extent that they have been pcrmitlc the managerial types who pass for academic administrators here blindly pursue devotion to "economies of scale" that overlooks the realities of education processes and the human environment necessary to distinguish people from chattels. Internally, the Law School is sound, for we are indeed lucky that mo professional program deficiencies were remedied, most faculty lines filled, and highly-competent placement director secured before the budget cutbacks hit wit full force, for which credit must be given Dean Schwartz and the faculty. Such being the case, while some programs will undoubtedly suffer, prospects appear good that the Law School will maintain quality legal education through the coming bleak years. The tragedy, however, is that it will never foresecably attain ihe potential prominence recognized earlier this decade by the AALS. Thus, the experience of the 1976 graduate has ranged from the heights ol exuberance back in 1973 to a strange despondency tinged with sorrow in 1976, for even while the education given us here was a good one, disappointment is the only natural reaction when glittering promises and bright prospects go unfilled. In the end, however, as with any graduating class, we hail the moment of our �by Carl S. Heringer , Wenger Resigns The Brooklyn Side Law Librarian Larry Wenger has resigned to take a position as librarian at the University of Virginia Law School. Wenger, who has been on the library staff for seven years, and law librarian for five years, will leave in August. . A successor has not yet been chosen. Wenger's departure is prompted by "a very good offer" from Virginia, he said, rather than by dissatisfaction with SUNY/Buffalo, which drastically cut the Library's budget this year. Wenger said he has not been particularly discouraged with the 1975-76 budget cuts, which forced cancellation of half the law library's periodical and iooseleaf subscriptions, because he considers them temporary. Most of the cancelled subscriptions will berestored beginning with the new fiscal year this month. Wenger, 34, is a graduate of the University of Washington Law Schooland holds an M.L.S. from Simmons College in Boston. "Members of the faculty, faculty members; students of (O'Brian), and (O'Brian) students. I guess that covers everything Let's have some action around here. Who'll say seventy-six? Who'll say seventeen seventy-six? That's the spirit, seventeen seventy-six." Law Library Reinstates Subscriptions Groucho Marx (1932) (Horsefeathers) 4 April 22, 1976 OPINION 6 I regret never having done a column on the Marx Brothers. As an "often-imitated-never-duplicated" quartet/trio, their talents remain unchallenged throughout two score years. I think I could never really do justice to them in a column's The Law Library has begun to reinstate many of the subscriptions which were restricted space; besides, there are so many places to begin, so many stories to tell. Suffice it to say, if you've never seen the Marx Bros, especially their early Paramount films, you cancelled last year, according to Law Librarian Larry Wenger. The cancellations, which involved more than half of the library subscriptions, includingperiodicals, looseleaf series, owe it to yourself to do so, immediately. citation reports and reference sets, were caused by the unavailability of fundswhichhad been anticipated to cover costs for the last half of this fiscal year. * * * "While it does not appear that next year's budget will increase significantly, funds should be adequate to reinstate many subscriptions, particularly for materials on "The wheels of my old car American law," Wenger said. Unless additional funds are forthcoming, however, most of are turnin', burnin' up the highway the subscriptions for foreign, commonwealth and international law materials will have to remain cancelled, he added. I'm not hanging around The library is planning to reinstate subscriptions as of the cancellation dates insofar I'm gettin' out of town, as possible so that gaps will not be left in the collection. Priority in the reordering process I won't back down. will also be given to looseleaf services and reference materials such as the Index to Legal Last exit to Brooklyn, Periodicals, Shepard's Citations, and the digests. The library's new fiscal year begins April Last chance to turn around. 1 and it is expected thatmany of these materials will be on shelf and updated by the end Gonna keep these wheels of mine of next month. coverin' ground, on the . . . Last exit to Brooklyn, the Last chance to turn around" Last Chance to Turn Around (Millrose, Bruno, Elgin) Gene Pitney, Musicor/UA Records, BMI TPrehsidnt' Corner . by Barry Fertel March 31 meeting, the SBA Board of Directors failed to rescind the $2000 the law school administration which responsibility has the sole for funding the Law Review. I No student organization of an academic nature should become dependent upon This song seems appropriate for my farewell column, although il is not completely SBA forits monies. SBA's budget is not unlimited and it is thereforenot unreasonable for longer the ordeal,and if through least the mid-summer around, at accurate. I am hanging a student organization which awards credit to its participants to receive all its funding goddess of employment (or Jay C. Carlisle) smilesupon Buffalo for me. from tuition funds. I feel confident that the administration would not let the Law A lot of ideas danced in my head for this issue. I considered not mentioning that REview go under, for a viable Law Review is an absolute necessity if the law school this is IT, bu. then, I was good enough never to mention the Bicentennial, so lhat was wishes to become nationally known. enough. I considered cute anecdotes, or outtakes from my earlier columns. There are record reviews I never did (Dory Previn Children of Coincidence and Harpo Marx; Led SUS Restoration Activities Presence); movies I didn't see, and places I didn't go. My column on Bruno Zepplin Tuesday, April On 13, I went to Albany with almost 30 other law students in an Samartino and pro-wrestling never made it, nor did my in-depth analysis of the sociological aspects of meeting deadlines. Patty Hearst, Walt Disney, and the Buffalo effort to convince influential members of the legislature, the governor's office, the SUNY Chancellor's office and the major culprit, the office of the Budget, to restore the SUS for Sabres never made this space, nor did Marvel Comics. How do you say goodbye to a school newspaper that almost died? Whal words can professional and graduate students. What was culled from these meetings was a feeling among the legislators of forever immortalize this column in the annals of O'Brian? (Come to think of it, Law sympathy buV-iro-commitment. We must follow up these meetings with a letter writing School never made this space either!) I'd like to thank everyone of my regular readers for putting up with me students campaign to maintain our momentum for the restoration of the SUS in the supplemental and faculty alike. Thanks to the editor for allowing me to range far afield in my writings budget. Perhaps, the most disheartening meeting was with Paul Volette, the person who (from DJ Cal Brady to DJ Shane) and for his artful editing of my work. Thanks to my 8.W., for being my B.W. Fifteen minutesafter we go to press, I'll thinkof all the greatest recommended the SUS eliminationfrom the Executive Budget. He spoke of a program of another tuition waivers for professional students to be funded from the tuition income account. wittiest things to write and do for today's column. Until then, to borrow yet phrase My mother thanks you, my father thanksyou, my sister thanksyou, (my wife In the past, the tuition income account has yielded a surplus of several million dollars. thanks you,) and I thank you, for your support, and the opportunity to hear my name in This money included tuition receipts and dorm rents paid by students. Instead of "cold cash" being allocated for SUS, tuition waivers will be drawn from the income account. the halls. Ciao. The problem is that the Chancellor wants the cold cash and not a withdrawal from his "slush fund." Therein lies the bureaucratic dispute. and that reminds me "Well, I thought my razor was dull until I heard (t)his speech, Hopefully, we can maintain the momentum we established in Albany. Publicity in of a story so dirty I'm ashamed to think of it myself." Op. Cit. conjunction with follow-up letters to all legislators we contacted, would be extremely helpful in forcing a resolution of this mess, be it the restoration of the SUS, or in the alternative of tuitionwaivers forall affected students. Semantics is of no concern. One short note about the moratorium activities is in order. Many students were in strong disagreement with the moratorium and its goal of having the SUS restored. I think that these students have a very narrow perspective and would be well advised to open their eyes to what is occurring in our society today. As future leaders of our community, it is our duty to take an active role in reversing the current retrogressive trend in our A..: Possibly. A few students asked society. by Allan L. Canfield I questions We must promote positive change in our society and continue this activism brought to get answers and a few students Assistant to the Provost about by the budget cuts. So long as there are bureaucrats in Albany (and Washington) Iresponded to the answers given. A column through who one fell swoop of their mighty red pens can take away from thosewho are provide much more 0.: Why was the Admissions Office ! such as this cannot in greatest need, we must continue our efforts. recently closed for specified periods of than a thumbnail sketch of administrative activities. Still, it does indicate a each week? i willingness and interest to talk with and to ' 1the student body, and to particular ~> A.: To determine the feasibility of limiting \students. But, of course, that interest is office hours in the future, and to assess iconveyed in more ways than through a student needs and reactions. icolumn.' Perhaps in another year, given the invitation of the editors of Opinion and the SBA, both the Administrative Perspectives Has this column served its purpose the SBA-sponsored that of providing a communicative linkage column andFo_im can be.continutftt. **..*�* .*..*_*** .**_*__**_******** .**■*•** .**..** Administrative to the general student body? ..„, q At the ;allocation for Law Review. It is my belief that it is - - - . : - • Administrative Perspectives < , '' CERTIORARI Coming Soon ■ , .. - ,_, • IT'S YOURS, IT'S FREE �April 22, 1976 OPINION 7 NLG Position Paper The Buffalo Student Chapter of the Lawyers' Guild issues this statement in response to the dismal economic conditionswhich riddle SUNY at Buffalo. We suggest that actions the SUNY administration took in the name of economy have rearranged the institutional priorities to the detriment of the working people of New York State. First, we believe that the State University of New York should serve the aims of a public institution supported by taxpayers' money. It must, to the greatest of its ability, assure that no person is denied an education on the basis of wealth. The underlying philosophical basis of the state system is declared to be democratic: "Let each become all that he is capable of being." The current economic cutbacks abandon that promise and instead suggest: "Let each become what he can afford to be." This is hardly an appropriate posture for one of the wealthiest states in the nation. , Tuition hikes have made the UB law school the most expensive state-affiliated law school in the nation. Even more important, the state has eliminated the bulk of tuition assistance which enabled working people to obtain a legal education. The State of New York is knowingly shutting the gates to legal education in the facesof most of its children. Thus, the Lawyers' Guild promises to work with like-minded groups, like the Ad Hoc Committee to' restore SUS and the Coalition to Fight the Cutbacks in order to defend the rightsof working people in New York State to obtain the quality education they are entitled to. In addition, we support the efforts of graduate students to organize and present demands for wages, benefits and working conditions as they deem appropriate. These rights have been recognized for workers across the nation for decades. Laws were passed to protect employees, since they lacked the material strength to negotiate with employers on an equal footing. The National university should not be priveleged employers. Graduate students have been utilized as employees, they provide the same services that only employees provide, by teaching or researching. There is no sound reason for denying the GSEU their rights as employees to organize and engage in collective bargaining. If the university continues to deny that graduate students are employees, then the Lawyers' Guild endorses any collective action that they choose to take. Furthermore, we oppose the concept of economic academic planning as it is proposed at this university. It suggests that minorities and third world people do not warrant a curriculum to address their concerns. Likewise, we oppose educational policy and progress which are designed to produce people with unquestioning and uncritical attitudes toward the current social, political and economic system in this country. The Guild firmly believes that a committment to democracy in education implies a committment to the exchange of humanistic ideas in the curriculum. Education is more than training for the marketplace. We resist the attempt of this university to reduce it to thatlevel. The Guild feels a strong committment to Third World "affirmative action" programs at the law school. Preferential treatment is not at stake. Instead, the democratic rights of minority people to receive a legal education is at jeopardy in an area where they have historically been denied the right to participate. A large number of minority people come into contact everyday with the legal system. Yet, there are very few lawyers of similar backgrounds to deal with their particularized problems. This polarity is particularly -acute in the criminal justice system, where a severely disproportionate amount of minority people face the law, largely due to theireconomic status. The law school has failed to deal with this problem. A high proportion of its graduates go into private practice which serve people of higher economic status. A virtual vacuum needs to be filled by dedicated, qualified lawyers who are able to serve the needs of minority and working people. Specifically, the real need is for more minority lawyers, and lawyers who are willing to deal with the special problems of minority, poor and working peoples. Thus we propose: I.An increase in the percentage and amount of discretionary admissions to the law school, rather than the heavy emphasis placed on numerical criteria, essentially the LSAT, which is based in testingprocedures which discriminate against minorities; 2. An active recruitment of minority students, including Black, Puerto Rican, Asian, Chicano, and Native American 6. Increased recruitment of minority faculty members; 7. And, the development of an adequate curriculum to meet the legal needs of minority and working class people (e.g., courses in landlord/tenant law, welfare rights, poverty law, occupational health and safety, combattingracial biases through the law, and expanded clinical opportunities). We realize that implementing our suggestions will cost money. SUNY at Buffalo is not a privately funded law school. It is the only publicly funded law school in this state. The taxpayers pay for this law school, and a large proportion of them are poor, working and minority people. Their sheer numbers, if nothing else, require that the legal educational peoples; system attempt to adequately meet their 3. Realistic funding of an effective needs. They pay for it, and it should serve tutorial program for minority students; them, not just the rich! 4. The maintenance of TAP and SUS scholarships at present levels; Ron Eskin s.The additional allocations of more HowieSasson funds for direct minority student financial for the NationalLawyers' Guild, Buffalo Chapter aid; TuornSfthe crew by Chris Carty In this last column of the school year, I will list financial aid related" forms and applications which should be completed before returning to school in August. Initially, however, I regret to report that all students interested in summer work study must go to the Financial Aid Office on April 23 to fill out additional forms. This added requirement, supplementing the Form UB and the PCS/SFS, is due apparently to the uncertainties surrounding TAP/SUS, and the total available Work Study grant from the federal government. The Financial Aid office anticipates awards to each student to be $600-$7OO. Students who are awarded a work study grant will receive a letter directly from the Financial Aid Office indicating the exact amount of the award. The letter should be signed indicating acceptance or rejection and returned to Financial Aid. Following this, - . the student should report to Wes Carter (Hayes C Placement) to obtain the necessary papers to begin work. / will not be administering summer work study Mr. Carter also will have by May 1 a list Of local employers who are interested in employing law students on work study this summer. For the convenience of the law student, a copy of this list also will be available in our Placement Office (Room 309) and my office (Room 303). Each student should be aware that the Placement Office here will not place individual students in particular jobs. It is the resposibility of the student to seek out an employer. (1) For any student who is interested in work study for Fall, 1976, National Direct Student Loans (NDSL), or a private scholarship awarded by the Alumni Association, Law Spouses Association, etc., Form ÜB, and Parent's Confidential Statement (PCS) or The seven teen-person Law School clerkship seminar will be held on April 28. Student's Confidential Statement (SFS) must be filed. These forms already are past due. Student Placement Committee, the U.B. In addition a special "people's law" If there is even a remote possibility that you may be interested in any of the above Alumni Association and the Placement seminar is planned with emphasis on public scholarships or loans, I urge you to fill out these forms. This is particularly important if you might wish to be considered for a private Office have sponsored a series of eleven interest civil liberties and alternative law scholarship. From time to time the law school receives unanticipated requests to career day seminars during the month of approaches. April. In addition, the Women's Law Sherry hours have been held after the recommend students for a private scholarship. Usually, the organization cites financial Association sponsored a career day on seminars where students, faculty and need and scholarship as the determining criteria, but gives the school a short period of April 20. lawyers have informally exchanged ideas. time to respond. As a practical matter, then, the recommendations are limited to students Approximately 500 people have The response to this contact and the whose financial need has been determined, and is immediatelyavailable via the Financial attended the seminars. At least 45 lawyers seminars have been excellent. Many of the Aid Office computer print-out?. Therefore, every student should fife even if his/her need have participated in panel discussions lawyers have asked that they be invited will be too high to receive NDSL or Work Study. (2) Tuition Assistance Program (TAP) applications will be available June 1. They concerning all areas of the law. Initial again next year. Placement Director Jay seminars concentrated on general areas of Carlisle commented "We will have more will be mailed to your permanent address by the State Education Department. If you do career seminars next fall and spring and the not receive one by July 1, I would suggest that you write to the State Education the law (family, criminal, tax, corporate, Placement Committee will ask lawyers Department directly requesting the form. Do not wait until you return in August etc.) and large firms, small firms and from other cities to participate. The type expecting to pick up a form from me. This year the Education Department refused to government practice. Thereafter, individual of contact is an indispensable element of mail more than 100 forms to the school on the grounds thatall students should have seminars discussed specific areas of thelaw our placement program." received an application form in the mail, except those who had not filed in the previous Carlisle also noted that the Placement year. such as state and local government, If you were a TAP/SUS recipient this year, and if SUS is not reinstated in the corporate and securities, environmental Office will be open on a full time basis law, legal services, labor, judicial clerkships during the summer vacation. All resource Supplemental Budget in May, you should file a TAP form nonetheless.Abolition ofSUS facilities be available. does not mean the concurrent elimination of TAP. TAP funds have been assured for will and estate planning. A separate judicial 1976-77; under this year's schedule a single independent student with $2,000 or less net income would receive a total of $600 in TAP. Although this sum is not as appealing as $2,000 (value of combined TAP/SUS next year), tt is not paltry. (3) New York Higher Education Assistance Corporation Loans (NYHEAC) applications can be filed at any time during the summer. If you anticipate needing the The Buffalo Legislation Project will begin to accept applications from first-year money early in the fall, I advise filing by July 15. During this year, an 8 week waiting students on Monday, April 19th. Interested students should fill out an application card period between filing and approval was the norm. Thus, a student who anticipates an and submit it to the offices at 643/644 O'Brian, on the bridge leading to Baldy before early need for the loan should judge his/her timetable accordingly. Parenthetically, the interest rates for NYHEAC beginning June 1 will rise to BVi%. May 18. Students applying should thensubmit two copies each of a two-page narrative resume including law-related experience, interests, etc., and a writing sample. Thisshould Students may wish to consider application for NDSL loans, instead, since their rates at 3%. However, in either case, interest does not accrue until after leavingschool. remain be mailed by June 15 to the two admissions editors. Further information will be available Finally, beginning May 3,1 will not hold my officehours due to exams. If you have at the BLP offices. or questions, please leave me a note on my door with a phone number at which All students are welcome to submit suggestions for future projects and sources. Any problems input will be appreciated. .** I can reach you. I will do my best torespond as quickly as possible. * Career Days Held — «� BLP Invites Applications • ** -*- �April 22, 1976 OPINION 8 The Heck With Meek by Lawrence M.Meckler In the spring of 1949 the great Babe Ruth was honored at Yankee Stadium. Babe Ruth was the greatest baseball player that ever lived. He brought joy and excitement to millions of people around the world. SPORTS Opinon President of the U.S., Babe replied, "I had a better year than he did." I too am having a better year than the president, but so is everyone else. The Babe and I both have nicknames. The Babe was called the Great Bambino and the Sultan of Swat. I have been called Meek, Mighty Meek and jerk. All fans loved the Babe. He got millions and millions of fan letters a day. I too got a letter, a ransom note for my Ethics Book. The Babe also feudedwith such greats as Lou Gehrig and Ty Cobb. I feud with the clown who writes the column underneath me. I wonder if in his last column he's going to comparehimself with Man O'War. In the Babe's last game, after being harassed by a young upstart ballplayer, he gathered together all his prowess and strength and hit three home runs. I too am being harrassed. I anrv being chased by a hockey puck in a Sabreiak yelling "In Your Face" and "Two for The However, in 1949 it was all over. His career had come to an endand he was leavinghis fansand baseball. Writing my last columnand leavingLaw School, I know how the Babe felt. It's hard to be a legend in your own timeand have to say goodbye. Thisarticle will be a testimony to the legend of Babe Ruth and the legend ofanother man in another ballpark. The Babe was an orphan. He had a rough childhoodand was raised by a priest, Father John. Unlike the Babe I was loved and pampered, but thatdidn't deter me in my path to greatness. When the Babe started baseballhe wasa great pitcher, but he hit too well not to play every day so he became an outfielder. When I firstcame Doo" 2 The Babe had some flaws in baseball. When he pitched, he would to Law School I was conscientious, but I was toogood at goofing off so I, stick out his tongue when throwing a curve ball whichlet the batters too, made the switch. The Babe didn't look like a baseball player. I don't look like a know what was coming. I too have a subtle idiosyncracy which tends lawyer. Despite his looks the Babe wasa naturalathlete. He never trained to give me away. I hide under the desk in class when I'm unprepared. and always seemed unprepared to play ball. During the off-season he In Yankee Stadium there is a monument of the Babe. Someday wouldget out of shape by eating hot dogs and drinking beer.ThoughI 'm there will be a monument of me in the basement walkway between not a natural, like the Babe, I too seem unprepared for work. During O'Brian and Baldy Halls, commemorating my record breaking hours intersession I get out of shape by reading comic books and throwing spent in the cafeteria. The Babe had a candy bar named after him, summonses down sewers. Baby Ruth. I break out when I eat that candy bar. The Babe got his There are many myths about the Babe that will live forever. Many inspiration in his career in a small, sincere,manager, Miller Higgins. My of these have been paralleled in my life. The Babe promised a little boy inspiration in Law School has been greed. in the hospital that he would hit a home run for him and he did. I promised a little boy I'd break the world's record for the mile run. The When Babe Ruth was on his deathbed, he was asked if he had a Babe in the World Series once pointed to the center fieldbleachers in last message to give to his fans. He said he did and in his last breath Chicago and said he would hit the next pitch there. He did, belting a uttered those immortal words, "I don't like hockey." Way to Go, 400-foot shot. I too point. When called on in class I point to the guy Babe. next to me. The Babe was also known for his sexual prowess off the field. So it's goodbye from the Meek and remember, don't take yourself The Babe was generous. When he got his paycheck he'd help out so seriously, because if you do, no one else will. everyone giving nickels and dimes to kids in the street. I will also be quite generous and share my unemployment checks with everyone. FOOTNOTES When the Babe was at the height of his career he was making $80,000 annually. When asked why he was making twice as much as the / Bob McAdoo expression Id. . The Magic Act by Myles "The Magician" Elber Hard to believe, my last column for Opinion. A great writing career ended before it even blossomed. Despite being in the unenviable position of having a madman above me and an editor who has trouble spelling my name, the column has been a good outlet for my own nonsense. Hopefully some of you have wondered what has happened to Benny the Bookie and the SBA funds. After Benny's bookie stiffed him, Benny was forced to go back to betting horses and trying to hustle people in golf. Being a highly moral man, Benny gave back the SBA funds so they could be used for constructive things like bus trips to Albany for Passover. Benny gave me a call last week and went into a tirade against OTB. "Why the hell don't Ihey get rid Of that excise tax on winning bets and charge the jerks who lose all the time extra on their bets. Those suckers love to give money anyway. They couldput even more of their money into the State coffers and help keep NYC afloat." Benny also got a kick out of the predicament law students found themselves in. "Why should""you guys gel jobs, the country is dying, guys who do real work can't pay their bills and you go to school for a couple of years, do a lot of faking and expect to start out making $15,000 a year. Who are you kidding." Benny is really an understanding person and when I told him of my money problems and dimmer job prospects, he gave me three alternatives. "There is a horse in the 4th at Aqueduct. You need a loan. This guy I know named Auggie gives money away, with a small interest charge. I don't want to know you, when you're broke you're a joke." Thanks buddy. Benny told me I didn't deserve anything anyway. He thought I was an idiot for spending 3 years in Buffalo when I couldhave just as easily been in Miami for the same period. This reasoning was very sound. "You haven't done anything since your first semester, at least you could have been in the sun. How can you justify living in a place where it snows in April and a song is written about winning The Stanley Cup." I couldn't thinkof a reasonable reply. Benny thought it was hilarious that people weie still applying tor law school despite the lack of jobs. "Lawyers must all be masochists." Benny told me to stop worrying and reminded me of an offer my college golf coach made to me when he heard I was going to Buffalo for law school. "You can always get a job raking the sand traps here." Sounds good. Benny and I discussed the Kentucky Derby forawhile and when I told him I might not be. able to devote enough time to handicapping the race because my trial was scheduled for Derby day, Benny simply said, "What happened to you? A mock trial, not even for real money just for the experience, pretty weird." I told Benny I was sorry. Benny wished me good luck and said he feltreal sorry for Mr. Rodriquez and Manuel and. that the doctor should pay. We finally agreed on something. Benny had to hang up to go hit some balls. Some guy he set up in Florida during the winter was coming to NYC and they had arranged a little match for tomorrow. Benny figured he'd take the guy forabout $500, but would keep the match close. He didn't want the guy to give away any of his money to anyone else while he was in town. Poor Benny, he has to struggle day to day and he knows things have to catch up with him eventually. Yet he keeps going, staying one step ahead. He can't understand why people want to work when there are so many people out there just asking you to take their moneyand have fun, while you're doing it. The insanity that Benny thrives in is small compared to the approaching craziness we will be participating in. This will be highlighted by a crash program to learn "the law" and pass the bar. In a mere six week period, we will memorize enough to pass the bar and be eligible to be practicing attorneys, if we have jobs. That is really incredible. Some of us will soon find out if six weeks can compensate for three years of taking up'space and staying out of the job market. Should be fun. Imagine if the tapes are destroyed? How does one conclude a last column? How does one sum up three years? Maybe it's not time yet. So I think I'll ramble some more. Poor Zen, the possible superhorse, is not going to run in the Derby. Afraid of Honest Pleasure. Poor Meek, thinks he is Babe Ruth. It's what happens to Jet fans when their new coach says he is satisfied with their patheXic defensive line and then draft a QB who they could have gotten in the next round. Poor Sparky Anderson, thinks the American Revolution was fought over the World Series flag. Poor Philadelphia Eagle fans. They think they root for a football team. Poor first year law students. They think they have a future in law. Poor third year law students. Thereasons are obvious. I would like to thank my basketball teammates just for nostalgia purposes and wish them better success in whatever they end updoing. I know whatever they do, it can't be any worse -than our last few performances which mysteriously were never commented on in Opinion. It's getting close to the end. Maybe Benny will lose.Maybe jobswill materialize. Maybe the Bar will be a breeze. Maybe Bruce Springstein is the new Bob Dylan. Maybe Patti Smith is the new Bruce Springstein. Maybe Larry Meckler is Babe Ruth. Yep, Benny is right. I am outof my mind. More could be said, but there really is no need. People enjoy yourselves. Don't think too hard because ignorance is bliss. Good outlines won't make you a success. Take Benny's advice and take a snot, otherwise you're wasting your time. "This is my opening farewell." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-04-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/22/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/08c21763e362d058b925ba5a3f90a230.pdf f5b24fabf31190b1cfd44bd66f8eccaa PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17,Number 1 State restores tuition awards Law students who would have been eligible for full-tuition awards under the old State Un iversity Scholarship (SUS) program will probably get a minimum $1,450 of their $2,000 tuition bill paid under the State University Supplemental Tuition Award (SUSTA) program that is replacing it. Restoration of the tuition aid, cut from the state budget last spring, won eleventh-hour approval from thestate legislature in July. Financial aid officers attribute the restoration of funds, earmarked exclusively for law students, to lobbying efforts by students from the State University of New York at Buffalo Law School. Scholarship aid was not restored for medical or dental stud ents, although pharmacy graduate students received $15,000. In making the $1450 estimate, financial aid officials noted "7ast week that the $237,000 approved for SUSTA is about $25,000 less than what was spent last year on SUS for law students and that a. $400 tuition increase puts a further strain on available award money. Joseph Stillwell, SUNYAB director of financial aid, said that it will be up to the University Financial Aid. Committee to decide how to distribute the money but that he favors giving it out on a percentage basis to everyone who meets the basic criteria for the old SUS state residency and a $2,000 or lower net income. He stressed that the $1,450 figure is tentative and represents what SUNYAB accountants figure will be available for eachperson if the same number of students are. eligible this year as last year, and if the committee decides to allocate it on a percentage basis. "Personally, I would lean toward some sort of percentage allocation (rather than cutting out some students entirely)," Stillwell said, "but the final decision does it's a not rest with our office decision to be made by the [SUNYABI financial, aid committee." The committee, chaired by Anthony Lorenzetti, associate vice-president for student affairs, will meet sometime this week, according to Stillwell. SBA President Barry Fertel said Friday that he was optimistic after a September 3 meeting with Stillwell and , - — New dean projects changes; Sees role as catalyst, persuader by Bob Anderson More inter-disciplinary contacts between the law school and other SUNY at Buffalo colleges, a better library arid development of student life are three goals set by Thomas E. Headrick, the new deaji of the Law School. The 43-year-old former vice-president of Lawrence University in Wisconsin and former assistant dean at Stanford begin his duties September 1. Outgoing Dean Richard D. Schwartz will continue as a professor at the law school and in the SUNY at Buffalo Sociology Department. The law school's potential and the quality of students and faculty are what attracted Headrick to Buffalo, he told Opinion recently. "I have known people on the Buffalo faculty and known about B uffalp for probably ten years," he said. "I have watched the school and its development and I think that -its aspirations fit with my conception of what a first-rate law school or cont'd. on page 8 law center should be." As New York's only state-supported law Law Review names school, SUNY at Buffalo has a "unique" role in the state's scheme of higher education, Headrick added. The new dean had been vice president of academic affairs at Lawrence for four years prior to comjng to Buffalo. From 1967-70, he was assistant dean at Stanford Law School, where he supervised a law and computer program, collaborated in design of major curriculum decisions, coordinated building design and The Buffalq Law Review has Piccione, James R. Piggush, David taught an undergraduate seminar David Carol Reitz, Saleh, M. on urban riots and the legal J. chosen 29 associate editors from W. the current second-year class. The Schwab, Philip John Szabla, system. Jeffrey Wandel, He holds a B.A. from Franklin Traub, were Barbara shown above, acceptees, and Marshall College, D. Litt. among 100 students who George M. Williams, Jr. participated in a writing Reduced staff, increased publications... competition last spring. First year grades .were weighted about equally with points earned on a case note written in competition and evaluated by Case and Comment Editors Dennis McCoy, associate spot within a few days, by Jan Barber Chris Carty, Rebecca Dick, Dean Thomas Headrick told Martin Perschetz and Irvin Law library usera ihis fall will Opinion Friday. Mermelstein. Former law librarian Larry changes staff and The new associate editors are: discover some left September to David Ascher, Russell N. Brown, the return of the federal and Wenger law librarian of 1 the Thomas C. Carey, Philip Clarkson, regional reporters, Shepard's and become University Virginia. of legal tools. John Costello, Joel A. Eisen-Stein, some otherbasic Headrick estimated that it will Foremost among the staff Louis S. Faber, Robert B. changes appointment of be six to seven months before the is the Gartner, Fleming, )r., Kenneth L. chieflibrarian again. Steven Gerber, )oseph C. Prof. Wade Newhouse of the Law school has a Grasmick, Jeffrey A. Human, Faculty as Associate Dean to A search committee will be he said, with soon, Harris E. Kershnar, Allen Klein, oversee the library until the formed members from the law faculty and Richard Langsam, Elizabeth appointment of a permanenthead the library system. Mensch, Mark ). Moretti, James librarian. Newhouse, who has Whether Newhouse will Mucklewee, Sandra S. O'Loughlin, already assumed his new duties, John I. O'Neill, Anthony will be formally appointed to the continue as an associate dean after editors - September 9, 1976 State University of New York at Buffalo Faculty of Law and Jurisprudence SUS lobbying pays off by Connie Farley Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 - participating members in cooperative actions which provide strong interdisciplinary linkages," including those at the undergraduate level, he said. "You literally have people walking out after four years of undergraduate school with .no sense at all of the legal system and the legal process and I think a law school in a large university has a responsibility to provide some from Oxford, an L.L.B. from Yale education in law and legal and a Ph.D. in political science processes for the undergraduate from Stanford. He has been a population," Headrick said. management consultant in London, practiced law in areas of international business, anti-trust and property tax litigation and served as a law clerk for a Stale of Washington Supreme Court Judge. Stressing his interest in broadening the lawyer's vocational content, Hcadrick said he would like the law school to work more actively toward interdisciplinary contacts. "It has to provide some models for students in the form of faculty • Headrick views the law school's primary task as educating rather than merely training, "because we are not just a trade school teaching people to do some mechanical kinds of skills." People with legal training have traditionally filled many roles in American society, the dean noted, noi only in the professional bar, but in education, business and the arts. "I think a legal education provided ihese people with tome - conI'd. on page 8 Fleming leaves; Successor Planned An in-house appointment will probably be made to replace Associate Dean Robert Fleming, who resigned August 3! to become dean of the new Pace University Law School in White Plains. ■>, Thomas E. Headrick, new dean of the law school said Friday he would prefer to replace Fleming with someone familiar with the law school and that he has been "talking with faculty" about possible candidates. The appointment will be madearound the end of September, Headrick said. Dean Fleming could not be reached for comment on his departure, but his wife, Jeanne, told Opinion recently that she and her husband would be sorry to leave Buffalo. "These are our home roots," she said, "and he's always had strong feelings for this law school but a new place will be an exciting change." Flemjng is a graduate of the University of Buffalo Law School and holds a degree in mechanical engineering from the University of Minnesota. Following a stint as a teaching fellow at Harvard, Fleming was in privatepractice in Buffalo from 1961 1964 before becoming associate dean. - Newhouse checks in as acting library director a librarian is hired "hasbeen left open," Headrick said. Newhouse for now will continue his teaching schedule with some modifications while overseeing the library, Headrick said. Newhouse teaches Constitutional Law and Schools Law. The staffing and acquisitions picture Newhouse faces thisfall in the library is mixed. While some of the publications which were discontinued last year when library funds ran low are being restored this fall, not all are. And even with Newhouse's filling-in Wenger temporarily, the library will again be short-staffed this year as Gov. Hugh Cary's for statewide freeze on State Universityhiring continues. Among those publications which have been reordered since the start of the new fiscal year in May are the federal and regional reporters, all official state reports, state and federal codes and regulations, Shepard's citators for federal, regional and New York materials, most looseleaf service subscriptions and the bulk of the - cont'd. on page S �September 9,1976 OPINION 2 Editorial: Philosophy, polemics and a pitch This is a space reserved for philosophical musings or for polemics as the editors prefer. In this first issue of Opinion for the 1976-77 school year, we are refraining from both. Philosophy and polemics are to some extent both products of leisure and there has been little of that in the Opinion offices in recent weeks. It is, instead, your ideas, concerns, interests and opinions we are most anxious to express in these pages. It is easier now to tell you what we know Opinion will not be than what it will be. It will not reflect the political or social views of any staff members to the exclusion or derogation of opposing views. We welcome any contributions to the news, features or editorial pages, especially letters to the editors telling us what we're doing wrong (or right). Opinion will not be a public relations sheet for any organization sheet or individual. We plan to report objectively and critically on what's going on at the law school and in the legal community. Opinion will not be boring. We know there are people here and things going on around all of us that are worth writing and reading about. It will not be isolated. We feel the newspaper, like the law school itself, has real potential as a springboard for ideas in the legal community. The paper is mailed out to alumni, judges and regional attorneys. What law students, faculty and staff have to say and how effectively we say it, is significantto them. Now for the pitch. We're not only interested in your abstract ideas, concerns, interests and opinions; we're interested in your written expression, your news tips, your typing abilities, your willingness to work at the printers' and your ideas for stories. Some of you have already joined the staff and others have agreed to contribute occasionally. To make sure Opinion is none of the things we've just promised it wouldn't be, we need more of you to become part of us. Then, perhaps, we'll have time for more opinions. BALSA Welcomes Students . . Greetings, t would like to extend a warm welcome to all minority students, especially theblack freshmen. We of BALSA are here to assist you in years these coming weeks months of law school confusion. We are willing to aid you in the formulation of study groups, will give advice as to courses and professors, and to generally help you adjust to the new-social and educational ■ It is our hope that you will takeactive in the programs and functions of our organization. We will be meeting once every week on a day that will be arranged. All are not only welcome, but wholeheartedly encouraged to attend. Sincerely yours, Mark G.Pearce participation Chairperson, SUNY/Buffalo Chapter Black AmericanLaw Students Association surroundings. The President's corner SBA's aim is 'to make law school tolerable' Let me introduce myself, I am the president of the Student Bar Association, affectionately, called the "SBA" by those who have learned to know and love the organization. Basically, the purpose of this first article of the school year is to provide an introduction to the structure of the SBA, its functions, any recent accomplishments (which are usually few and far between), our future goals.^nd the obstacles which witl be encountered in our endeavor to achieve these goals. It is hard to believe, but every student in the law school is a bonafide member of the SBA; that's the least we can do considering the fact that each student must cough up $30 a year in activities fees (those students who are in dire financial straits may apply to the SBA for a fee waiver). Of course, most students don't care how their money is being spent, or at least they do not wish to express their views on the matter. In any event, the SBA is faced with the task of allocating approximately $22,000 among various student organisations and activities. To perform this difficult .task, we have a president (that's me), a Ist vice-president (Cliff Solomon), a second vice-president (Sally Krallman), a treasurer (Paul Lukin), and last, but not least, a secretary (Bob Citronberg). There are also 18 SBA directors, six from each class; the six first year directors will hopefully be elected sometime in October. We also have an office which is located opposite lecturehall 112 (the "purple" room) in room 113. The primary function of the SBA, at least as I perceive it, is to create an OPINION Volume 17,No. 1 September 9, 1976 Editors: Cornelia Farley Tanis Reid Louise Tarantino Steve Errante Cope, Staff: Bob Anderson, John Arpey, Jan Barber, Bob Citronberg, Lynn Dix, Charlie Finger, Ken Gartner, Pat Heenan, Kirn Hunter, Becky Mitchell Mitchell, David Munro, John Privitera, John Simson, Michel Kaye. Contributors: Bob Goldberg; George Rusk, Sue Hogan. Photographer: Nancy Mulloy Copyright 1976, OPINION, SBA. Any repufification of materials herein is strictly prohibited without the express written consent of the Editors. during the OPINION is published every two weeks, except for vacations, academic year. It is the student newspaper of the State University of New York Campus, at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherstnecessarily Buffalo, New York 14260. The views expressed in this paper are not non-profit is a those of the Editorial Board or Staff of OPINION. OPINION Editorial policy organization. Thirdclass Postage entered at Buffalo, New York. of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition University Press at Buffalo - atmosphere at the law school which is as rarity at this law school, and it is hoped tolerable for its students as is humanly that students will also be given the chance possible. Therefore", if any student feels he to become involved in areas of the law is being mistreated by a professor, the which are of particular interest to them. ■administration, or anyone else, he should (Details of this proposal will be posted on inform the SBA, and we will do our utmost to see that any suchhassles are eliminated. To help reduce tension, the SBA funds two big parties with plenty of booze and music during the school year. The SBA also pays an athletic fee each year which entitles all law students to use all university athletic facilities free of charge. In addition, there are usually intramural activities, and there may even be a few faculty-student games, provided the faculty can come up with a decent team. Since I have been in office, the SBA has made a sincere effort the represent law students outside the boundaries of the law school. For example, we financed a successful lobbying effort in Albany last semester which led to the restoration of the State University Scholarship for law students of limited income (at the time of this writing, full details as to how the funds will be distributed among the students is unavailable). As for representing law students within the university, I have been regularly attending meetings with the leaders of the other student organizations in the university. In addition, I have had to, on more than one occasion, act as a spokesman for the majority of law students when the faculty and/or administration in the law school has attempted to act against the best interests of the student body. For example, a petition drive was launched to head off a move by several faculty members to extend the fall semester into the month of January. We succeeded in stemming this attempt, and although it may seem trite to most students, it was only the first step in changing the attitude of the faculty towards the students. This semester marks the inception of a pilot program in conjunction with the Erie County Bar Association whereby senior law students will be permitted to participate in the deliberations of the variouscommittees of the organized bar in Erie County' as full-fledged members. This program will provide an excellent opportunity for seniors to become acquainted with practicing attorneys, a the second floor bulletin board outside the library.) The SBA's goals for the coming year are really quite simple. We are extremely desirous of increasing faculty-student interaction; in the past, most faculty members have taken no affirmative steps to familiarize themselves with their students outside the classroom. We also wish to improve the lines of communication within the law school, for most students are totally unaware of what is ocurring abouthem. In this regard, the SBA appoints the student members of the following faculty committees: the Budget Program and Review Committee, the Admissions Committee, the Faculty Appointments Committee, the Academic Program and Policy Committee, the Library Committee, the Minority Student Committee, and any ad-hoc committees which may be established over the course of the academic year. In addition, four students are appointed as student representatives to the monthly faculty meetings. Students interested ir participating on any of the SBA committees should attend a meeting September 10, at 1:30 in Ropm 106. It is also important that the SBA should try to develop an atmosphere wherein law students will become politically active. have learned this past I summer, as a clerk in a law firm, how valuable a tool a legal education can be. Students should not waste their years in law school by simply sitting in class, they should take advantage of the skills they acquire so that positive change may be effectuated. One can not obtain a true picture of what it is like to practice law in the real world simply simply by attending his or her classes. All in all, I sincerely hope that the incoming students will become involved in the law school's affairs. Anyone who wishes to participate in the SBA is encouraged to stop by the SBA office to air his or her views. I welcome you,and wish you the best of luck; you'll need it to survive In this surrea| worldknown as "law school." �September 9,1976 OPINION Book Review Upper Outside Corner Lamenting the victim of Daniel, E.L. Doctorow Book As a boy, I saw a terrifying exhibit at the American Museum of Natural History in Mew York City. The exhibit showed a half dozen sharks of various kinds, including a hammerhead, chasing a sea turtle. The sharks were only a few feet behind the turtle, who was plainly doomed. E.L. Doctorow's novel The Book of Daniel reminded me of this nightmarish exhibit because Doctorow's focus is on the victim. Daniel is based upon the Rosenberg espionage case of the early 19505. Since" Doctorow has changed the historical facts, he seems to be engaged in mythmaking the creation of a story with a moral. The story of Paul and Rochelle Isaacson, convicted atomic spies, is told by their son, Daniel Lewin, a twenty-five year old doctoral candidate. Daniel was nine years old when F.8.1, agents arrested his parents, and fourteen years old when his parents were electrocuted at SingSing. Daniel's story^ of his parents is a failed attempt to learn the truth were theIsaacson's really spies?lt is clear,however, that, the Isaacson^ were not fairly convjcted of any crime. The government punished them because they were unreconstructed Communists who refused to acknowledge the righteousness of the American system. Thelack of a connection between the acts of the Isaacsons and their punishment makes them the victims. The , - - Doctorow transforms this story ot suffering without guilt into more than a truism by breathing life into his characters. The Isaacsons are not idealized martyrs. Daniel describes his father as "skinny, nervous, selfish, full of radical passion." Rochelle Isaacson is more attractive, but she is basically a dedicated Bronx homemaker who happens to belong to the Communist Party. The first meeting of Daniel's parents is tenderly described: "The trolley cars wind up the hill, buzzing and whining; the wind blows the overhead wires. The lights in the streetcar flicker..He shifty his books and paper bag from one arm to another. She smiles at him, her hand barely reaching the leather strap. She fell for him at a Loyalist Rally on Convent Avenue..." But their deaths are not so prettily described: "Smoke rose from my father's head. A hideous smell compounded of burning flesh, excrement and urine filled the death chamber. Most of the.witnesseshad turned away. A pool of urine collected on the cement floor under the chair." In a thermonuclearage, the victim fs the modern Everymen. Daniel is a fitting tribute to all victims. by Bob Goldberg The Wide World of Torts compared to the kind of destruction that could easily be inflicted by a battery of With the Olympics close behind us, young lawyers. It is possible that all of significant attitudinal and behavioral international amateur athletics could be changes can be seen amidst the American eradicated by 1980. Why leave this populace. For many whose daily exercise wondrous occasion purely to the fortuily prior to the lighting of the Olympic flame of pol iticai depravity or East German consisted of little more than pushing down, hormone injections? Lawyers vand law students could on the accelerator or brake, an incredible change has taken place. Stores have participate in specialized Olympic events. reported marked increases in sneakers, Speed Shepardizing is one example. Or running clothes, discii, vaulting poles and how about Cross' Country Client the like; and cars can barely pass through Counseling. In this event, a lawyer must streets filled with joggers, cyclists, walkers, cover a distance of 26.3 miles within a time law students and other Olympic flames! period of six hours. The attorney is People in droves can be seen practicing supposed to walk, run or skip, however their "Viren Vinale," "Dwight Stone undetected cheatingjuse of an automobile, By John Simson ' Glare" or Brandies Brief. The UnitedStates Census Department issued a statement admitting that for the first time since 1920, cyclists and joggers outnumber smokers and convicted felons. What relevance, you may ask, does this have to Law School, to'the pursuit of or other mode of transportation) is allowed and encourage. A lawyer must stop at as many houses along the way as possible, gaining clients and influencing people. A score at the close of the six-hour period will be based upon: 1. How quickly the course was completed; Justice? 2. How many clients were interviewed; It js in fact obvious to all, if hot many, Champtons~among 3. How much money up front was that there are Olympic us. Who but a law student carrying 21 Pacific Reporters in search of the Lost Case, could excel in such events as the "Clean and Jerk." One professor who refused to discolse his or her name stated that "if study groups of four coutd be forced into Bobsled Teams, my course would be greatly enriched." This statement is undoubtedly true since most students/ now registered for this course are generally not in attendance, or asleep. (It isrumored that the bookstore stocks No-Doz as a required text in this course. This requirement would at least assure the administration that students were getting some form of exercise while reading the Hornbook.) We should not be contented with our Olympic accomplishments: law students can change the Olympics in a much more dramatic way. Avery Brundage and Lord Kallinin are mere "clerk-typists" when 3 collected. Leaving the thought of lawyer-influenced Olympic events, I would like to salute those courageousathletes (?) who participate in the Luge (pronounced LOOJ). The Luge, for those of you not athletically motivated, is an event which taUfcs the-utmost in skill and coordination. The Luger must carefully put on the crash helmet: this can be a very delicate operation since improper placement can result in the loss of an ear. The Luger must then strap himself, feet first, into a small sled. This can also "be very dangerous, particularly if the Luger gets careless and straps himself in head first. The Luger, his care and coordination now tested, plummets down an icy course at speeds of 90 mph and greater. Why, the Luge takes almost as much skill as perhapscrossing the street against traffic in midtown Manhattan at 5 p.m.... and about as much brains. by Tanis Reid the wall so thai you'd be in a vertical position for one hour and twenty minutes. When I was eight years old and still All the sitting around here couldn't sucking my thumb, my mother was i possibly be good for posture or circulation. constantly telling me not to do it. She was i However, what worries me about such afraid if I kept sucking my thumb, I'd be machines, in the lecture halls, is that they insecure for the rest of my life, or worse, would have to be on the wall at the very get buck teeth. She gives credit to some back of the room, even behind the last row method supposedly designed by a child of seats. In Paper Chase terms that means psychologist for curing me of the thumb that anybody behind the last row would be habit. I don't think it was designed by a behind the third echelon and then there child psychologist; I think it was designed would be no one to use those machines, by some sado-masochist or possibly even because there's just nothing lower than the my mother. The method consisted of last row, third-echelon type. coating the guilty thumbwith this liquid. I But this tone is not good. It's so easy don'tremember too much about this liquid to h,ul moiiih everything. So easy to except that it came out of a bottle that complain about the stagnancy of the place, looked like the Mercurochrome bottle pf feeling like one of the persons in an and, that, never, in my whole life, way architect's drawing of a new building like back from worm-eating days to my present nothing's happening now because it's not Pepto-Bismal-drinking days, have I ever meant to begin until the whole place is tasted anything so awful. And I tasted it finished. Abraham Lincoln would not like twice. It took a lot to come between me this attitude at all. I think it was in and my thumb. Even after that first taste Sandburg's Lincoln that he was quoted as sent me flying out of bed to the bathroom saying I can't remember the exact words, faucet where I soaked my gums under only the moral that most people are only running water for a good five minutes, I as happy as they want to be. And Paul figured I could acquire a taste for the stuff, Birzon, criminal attorney and part-time sort of like Scotch. But a second night, a professor here, once told students in an second taste, and a second flight to the informal discussion about the legal bathroom faucet convinced me that it was profession how great law school is and how impossible. its freedom from pressure and its free time When I was twenty-one and applying should be valued. to law school my mother kept telling me And Birzon's right. Hell, I'm not going not to do it. I have never listened to my to spend this last year at law school mother. I went to law school. The first bad-mouthing the place. I'm going to join year tasted awful. I wasn't going back the my classmates in a positive attitude. Why second year, but it was going to lake a lot should I waste a whole year of my to come between me and my college dream twenties, merely shelving lightweight of doing something "meaningful" with my versions of casebooks in my mental life. The second year tasted awful. I could library?Constitutional Law can probably have quit after the second year, but with be as academically exciting as American two-thirds of it already behind me I figured history was in college. Nor am I going to I.might as well give it one more taste. My waste my time talking about with which gums arc already burning. ,——firm I'm going to spend my after law And my eyes, 100, have' started their school days. The way the profession is, my own littlerevolt. They refuse to distinguish i post-grad work could be like my resume green arrows from green circles on traffic experience section: nearly non-legally signals. They claim it's from trying to read related. And ihc way the third world 5.168 of the insurance Law in the pilch situation is stacking up, I could be in a dark library here. And my nose has decided military uniform before I get to to fill up with that ol' fall congcslion since commencement in black. Even if I do get a it's not about lo get any fresh air from Ihe job in a law firm, I'll be stuck with the no windows here and becauseit docsn'l go same people day in and day out for maybe for stale air that smells ihc color of the as much as seven years until I don't make carpets here. And my body is just .ibout lo senior partner. Rather, until I make senior go into convulsions at the sighl of the partner and that means even more than machine shit food I've begun pouring down seven years with the same people. It's it this wce.k. much better here with so many people Things don't seem to have changed 100 around, whom you can talk to if you want, much aroundhere. There's a new dean, but or not if you want. Whom you can be I didn't know the old one. Only one new obnoxious to and vice versa, and nobody professor. Students critiquing him even feels abused or has his" job jeopardized. before he's given his first Icclurc Where I have no clients or money rrfatters defended John Connally, didn't hc?Stitl, breathing down my neck. In a world where he's supposed to be an outstanding success means nothing, cannot be judged, attorney. The old, hc's-brilliant story. I where & Q is all it takes to make the grade. (Sometimes, though, an H can contribute wonder if he can teach? Unfortunately, we didn't get any of to the confidence I mean things are good those hoped-for improvements. 1 didn't around here, but sometimes you like to really expect them to knock out any walls feel a little gooder than the next guy.) And to put some windows in the building, or to even when things get really tough, there's add library lights that would cover more all those golden dollar matinee afternoons, than the top half of a page. But those those glorious ski Wednesdays, and those fine four day weekends, for which you machines, sure would have been nice the kind with clamps on the legs and arm don't have to answer to anybody. you your so that limbs the" But best of all, I mean the most put rests if in clamps and a quarter in the slot, you have important thing is, I don't have to be here. absolutely no choicebut to stay put at that I can quit any time I want to ... though, library table until an hour is up. I had a probably I should wait 'til after Christmas stand-up version in mind for the lecture exams to quit, just in case I wanted to just clamp your arms and legs to come back. halls . — — - , .. - .. — Typeset and printed for a crisp, clear, Professional look! «. fmrni V"4 D^JI t#S /\\ Reference librarians will give 45-minuteorientation tours of the library this week and the week of Sept. 20. Sign up sheets are available at the reference desk. - f^Sj 1. . pMMMQ 50 copies 100 copies , lpaje 16.25 17.05 2pao» 3pag» 24.75 27.35 32.25 37.65 Visit our office; see our extensive portfolio of finishedresumes! Normal turnover: 4 days. 30% drposit. - UniversityPnssat Buffalo* 361 Norton Hall 8314305/8314215 '<• division ofSub-Board 1, Incorporated, a jntdtnt-ntn, nttt-for-profltcorporation. �September 9, 1976 OPINION 4 Carlisle plans legal career seminars Mr. Carlisle, you'ye finished your first year as placement director. What do you consider some of your importantachievements? The Law School Placement Office has completed its first year of full-time flperation. Our achievements have included the following: placement of graduates in numbers which statistically rank SUNY with leading national law schools; development of an "in-house" office staff and administrative functions which are similar to those found at most national law schools; creation and successful action of a student placement committee; personal interviews with over 500 students; development of permanent satellite alumni groups in New York City and Washington, D.C.; establishmentof ■ strong alumni placement involvement and, to a lesser extent, faculty placement involvement. The positive results of this yearvhave been due to the efforts of a full-time placement officer .and adequate staff and secretarial support. There is a strong possibility that these efforts will be decreased this year due to cutbacks in the funding of the placement office by the administration This would be most unfortunate, and students desiring to make funding ot the placement office a high priority item-should lobby the law school administration and faculty. Remember, it was student interest pressure, not administration or faculty pressure, •that demanded and obtained a full-time placement office. We have much to do to build a first rate placement office, but we can be proud of our initial efforts in this importantaspect of legal education. Many students wish to know ifgraduates of the class of 1975 and 1976were successful in findingemployment. Are any employment percentagesavailable? Employment statistics for the class of 1975 indicate that SUNYAB law graduates were far more successful in obtaining employmenl than students at most other law schools. Less than 35% of the 1975 class surveyed in June of 1975 had legal positions. A concentrated effort by the Placement Office on behalf of 1975 graduatesresulted in the placement of 90% of the 1975 graduatesby June of 1976. Our 1976 statistics are only tentative in completion and in substantive meaning. We should be encouraged by the fact that over 40% of those responding to our survey forms are employed. This figure, when contrasted with 1975 returns for a class of 100 less - persons {168 for 1975 265 for 1976) indicates that we may expect to have most members of the class of 1976 employed by January of 1977. The figures^also indicate that our graduates are locatingpositions. Concern for obtaining a position prior to graduation is inevitable but not always warranted particularly in light of past experience and thf reality of today's market. I will try very hard to alleviate these types of fears when speaking with third yearstudents. Positions are generally obtained after graduation. This is due to the fact that many more Buffalo graduates than graduates of super-prestige schools, i.e., Harvard, Yale, Columbia, Stanford, etc., are employed with smaller law firms who are unable to project their employment needs far enough in advance lo hire associates prior to graduation. One sure sign of a national law school is its ability to place higrTer and higher percentages of its students prior to graduation. Our recent trendsindicate this growth. Finally, it should be pointed out thai while SUNY placement statistics are far above average, we can only hope to increase such figures by opening up new markets outsideof Western New York. The Buffalo-Rochester area can absorb law graduates without the full-time efforts of a placement office. Areas elsewhere (New York City, Washington, D.C., Boston, Cleveland, the Far West, etc.) require the efforts of someone to publicize the law school and its graduates. Such publicity efforts should be a priority during the 1976-77 academic year. Will you be conducting asmany personal interviews as you did fast year? Last year personal interviews with all students were strongly encouraged. No less than 586 appointed interview-counseling sessions were conducted on a one-to-one basis wiih law students. Interviews ranged in length from 15 to 60 minutes. The average session was 30 minutes in duration; thus, over 343 hours were spent in person counseling. In addition, about 20 students spoke with me each day I was in my office for four to six minutes each on a non-appointment basis. This year I will attempt to limit student interviews, concentrating instead on speaking -with small gorups of students and conducting seminar workshops. Past experience clearly indicates that students appreciate personalized counseling sessions, but the time involved (343 hours or eight working weeks) does not pay its dividends in placement. Query is time spent with students better spent in consultation with alumni and in the law offices of potential employers. I think so. Placement directors at Columbia and NYU spend most of or a good portion of their time with individual counseling of students, but these schools have qualified administrative assistants available for this important task. I feel that this year I will have to limit the number of personal interviews unless I have sufficient staff support. Again, if students feel that this service is important, they should put pressure on the administration and faculty. - Will therebe on-campus interviews ofstudents this year? One of the essential attributes of a first-rate placement office is its ability to ensure that students will have an opportunity to interview with prospective employees. On-campus interviewing is the key to such success. Last year, 28 firms interviewed over 500 students at the Law School. Most of the firms were from Western New York; however, employers from New York City,-Washington, D.C., and Michigan were also represented. This year we expect to (increase the number of on-campus interviews. Several Buffalo firms including Jaeckle, Fleischmann & Mugel, Moot, Sprague, tyarcy, Landy Fernbach & Smyth, Phillips, Lytlc, Hitchcock, Blame & Huber, and Touche, Ross & Co., and the Buffalo office of the United States Marine Corps will interview on campus this year. We will also arrangeinterviews with several law firms from other areas of New York State, New York City, Washington, D.C., Chicago and elsewhere. It is doubtful that we will dramatically increase the number of non-Western New York firms conducting on-campus interviews during the 1976-77 year. Not until our recent graduates do well enough in such firms to warrant a partner's travelling to Buffalo can we expect such activity. We will continue our efforts to encourage firms in New York, Washington, Cleveland, Detroit, Pittsburgh, Baltimore, Chicago, Los Angeles, San Francisco, etc., to give interviews to our students in their respective areas. I am in frequent contact with such firms and I plan to visit and/or speak by telephone with recruiting partners from the firms. Students should check the job listing board on the third floor for information on upcoming on-campus interviews. What are our alumni and the faculty and staffofthe Law School doing to assist with the placement ofBuffalo students? I spend a great deal of time with our alumni. I attend monthly meetings of the Board of Directors of the Buffalo Law Alumni. I have also been actively involved in the formation of alumni satellite groups in New .York City and Washington, D.C. Of course, there is a limit to what our alumni can do. tf they cannot directly offer our-students jobs, they can provide job leads, suggestions and guidance to students. Alumni support, involvement and promotion of the law school and its students are essential. The results of this activity^can only be measured over a period of several years, but I am personally satisfied that we are making substantial progress in this respect. The faculty are well aware of our placement needs. They have been quite helpful, and it is my expectation and should be the expectation of students that they will continue to find the time to encourage their contacts to visit the Law School and/or to interview Buffalo students. The faculty at SUNY Buffalo Law School is becoming as excellent as those at the most prestigious law schools; thus with their increasing assistance, our placement efforts can equal those at such schools. - - How does the future look? We have made significant breakthroughs in the 1975-76 year. Our Placement Office is almost a first rale operation; however, we shouldanticipate the following problems next The administrative ("inside-house") functions of the Placement Office are handled by year: 1) Adequate staff and .secretarial assistance: most'national law schools have staffs myself as Placement Director, a full-time administrative assistant-secretary, a part-time double the size of ours. We must have (particularly .during full interviewing season) secretary and a part-time graduate assistant. two secretaries in the office. In addition, a graduate assistant shouldbe available to My inside responsibilities include counseling with students, presentation of seminars, counsel second year students. ■telephone and personal contact with employers, faculty, alumni and friends of the law 2) Budget for traveling and office expenses: all Placement Offices at national law school, judicial clerkship committee, and numerous correspondence and supervisory schools usually have clear idea of what their budget consists We must have full duties. disclosure from administrative sources as to exact amounts of moneyavailable with The office staff has successfully developed a system-routine for implementation of guidelines expenditures money. discussion as for of such to such activities. We expect continuation and enlargement of such activities to be 3) More institutionalizing of Placement\ Office: we must systematize our office completed during the 1976-77 year with less effort and confusion than in 1975-76. functions. Toomuch of our time in 1975-76 was spent on the "individualapproach." Nevertheless, we must have adequate secretarial support to complete the essential Group seminars will be the trend. "inside" work necessary for implementation of our placement objectives. 4) Alumni and faculty involvement: we have made great efforts with significant positive results in this area. It is hoped that the new dean will continue to support the policy of the previoutf'administration. We must increase alumni and faculty support of our Will yoube conducting student seminars thisyear? placement efforts. The main focus of our efforts in 1976-77 will be on "outside" contact work. I spent far Throughout last year, on a personal basis, various forms of student seminars were too much time in (1) developing, supervising and coordinating "in-house" administrative presented. There were nine seminars specifically designed for first and second year functions (Mrs. Retzer, our administrative assistant should be able to oversee this next students; six seminars on opportunities for judicial clerkships; employment seminars year) and (2) counseling with students (over 340 hgurs or almost nine working weeks designed to assist students in obtaining positions in specific areas of law and/or spenl in work which} couldbe of more benefit if devoted to employers and alumni). geographical locations. Approximately 500 studentsattended one or more of the student Outside contact with employers, alumni, bar associations will be encouraged. The seminars. The format permitted placement to be discussed on a group basis with a Law School needs public relations support for its activities. Public relations work must be myself and the Placement Office, apriority. collectiveexposure to This year I will again be conducting many student seminars. During the first three weeks of school, there will be seminars for first, second and third yearstudents. In these Anything else? seminars I will discuss informational services; placement office structure; forms and filing of student resume and letters of reference; interviewing procedures; career days and job One more thirTg. Copies of our Placement Office Annual Report, 1975-76, can be fairs. A'general objective of the workshop will be to orient students toward full use and obtained in the Placement Office, Room 309. I welcome any student and/or faculty support of the Placement Office. feedback. What are some of the day-to-dayadministrative functionsof the Placement Office? - . �September 9,1976 OPINION \ 5 Violations plague student housing by Nancy Mulloy Landlords milking the university housing situation and "an absolutely terrible" system of building inspection are responsible for some dramatic statistics collected by the federally funded University Heights Community Service Center earlier this year, according to City CouncilmanBill . Price. In a recent interview with Opinion, Price said that the purpose of this comprehensive study was to identify "blight-influencing buildings" and to gather data concerning rents, deposits, violations of the ■ local housing and health laws, and landlord/tenant relations. Conducted by paid personnel that included U.B. housing and environmental design students, the Service Center made a door-to-door survey of 600 rented units in the University Heights district (a sample of 65%), the outer boundaries of which are Kenmore Avenue, Starin Avenue, Hertel Avenue, Main -treet, Shirley Avenue, Bailey Avenue and Niagara Falls Boulevard. The fact that the average tenant in the University Heights area is living in an apartment with approximately eight code violations is perhaps the most shocking statistic revealed by the 82 question survey, Price said. Additional figures indicate that 62% of the tenant population are students. The average rent paid per unit is approximately $200, without utilities, for a three bedroom apartment shared by three people. In 53% of the 600' units, tenants had to furnish the apartments themselves. Although the<: average security deposit is $226, damage inventories made prior to occupancyexisted in only 26% of the units surveyed, thereby reducing the chance of a full refund. One hundred seventy eight tenants had lived in the University Heights area previously, but only 89 of those ever had their deposits returned. In the 255 cases where a lease existed, 84% were one-year agreements, thus forcing many students to take a loss on summer - Perhaps related to that violationis the 25% figure indicatingTfefuseor combustible material in basements. Thirty-three percent of the units had refuse or combustible material in the attics. One out of four units reported that where tenants were responsible for their own heating costs, the heating system was incapable of maintaining heat to the degree that meets legal specifications. Extension cords beneath floor cgverings or travelI ing from one room to another accounted for violations in 16% of the sample units. Broken windows were present in 38% of the apartments and 10% reported water in the basement j^gardless ot whether it had rained. Despite the fact that 11% of those polled stated that their apartments, in comparison to their'personal housing standards, were slumlike- or near slumlike, and 39% indicated that their housing was below standard, a surprisingly large number, 89%, reported th at they would recommend their apartments to others. Seventy eight percent would recommend their landlords to others. The majority did indicate disenchantment, however, with the City of Buffalo in performing " days to correct the problem. This is followed by reinspection; if progress is shown, more time may be given. I f no progress is apparent, there may still be some leeway in certain cases, or the matter may ■be taken to the Housing Part of City Court. The judge may grant more time in some cases, or he/she may fine the owner. In almost all cases, however, adjournments are granted freely. The problem Mr. Price sees its obligation of seeing that rented housing units do not violate the' codes; 65% of the tenants believed that the city had failed in its inspection duties. With regard to remedies for the housing situation, 78% replied that student housing is an area in which university student groups should become actively involved, as I ob by i5 ts, for example. Eighty-one felt that a system of blacklisting certain landlords and publicizing particular information should be developed. With thisinformation base now available to legislators and city inspectors, as well as the public, Price, when asked what he will do situation, to improve the answered by saying that "we need to build a whole new system; we1* need home rule." He, finds the Department of Inspection and Licensing to be "the most backward, ancient and inefficient component of City Hall," and he has-"abandoned in the immediate future seeing a reworking of the system on a Cify Hall basis." The major problem Price sees with the present scheme of inspections by the City Department of Inspection and Licensing is that department's poor strategy which stems from a lack of imagination and good management. Price's assistant, Leigh Harden, described the current process of handling a violation as beginning with an inspection, followed by a letter to the landlord indicating the violation(s) and a grant of thirty with this system is that the Department of Inspection and Licenses moves into court lacking sufficient information to get a judgment. Their strategy is poor, too, he claims. To destroy blight from the neighborhood, new methods of attack need to be devised, he said. For instance, he suggested that inspectors hit the first; mass worst houses inspections on a strategic block would be more likely to impress a" judge than scattered inspections. Price also believes that bringing in a single landlord on violations on seven of his or her houses at once, rather than one at a time, would serve to get more judgments in favor of tenants. Price criticized the State Assembly's strong landlord lobby and City Court as contributing to - co/j-7. on p. 6 Tigar teaches a course in the alternative "A cosmic view of the nuts and bolts," is how ,visiting lecturer Michael E. Tigar describes the focus of his Criminal Procedure I course that began last week. As an alternative to the traditionalcasebook approach, the course is designed around a series of problems, Tigar explained in a ■recent interview. The casebook and supplemental materials are to be used as the students' primary source in developing solutions like a library. He contemplates a similar approach for Criminal Procedure II which he will teach in the spring. Tigar, 35, earnedhis law degree at the University of California Boalt Hall School of Law at subletting. 1 Berkeley in 1966, where he was The actual housing and health Editor-in-Chief of the California code violations were varied, but Law Review. He is presently the two most common were associated with the Washington, encumbrances on stairways (89%) D.C. firm of Williams, Connolly & and lack of a fire extinguisher Califano and is a part-time visiting (89%). Rodents,or pests had been lecturer at SUNY Buffalo Law discovered in 18% of the units. ' ' — . Lacher andKim join facility A legal aid attorney from for Genesee Community College's Albion and a Korean professor of Inmate Education Program at International Law are among the Attica Correctional Facility. Kirn Mun Dal, professor of new faculty members this International Law at Kyungpook semester. University, Taegu, Korea National Stephen Lacher of Albion will be a full-time lecturer and a will be a Visiting Lecturer for the replacement for Professor Norman academic year. He received his Rosenberg in clinic during the bachelor of laws from Taegu coming- school year. Rosenberg College, his masters of laws from Kyungpook National University will be on leave of absence. Lacher, a 1973 graduate of and his doctor of laws from National University. SUNY Buffalo School of Law, is Kyungpook diplomat with the Kirn was a •presently a staff attorney with the Foreign Affairs of the Ministry of Orleans Legal AM Bureau, Albion and legal advisor to the Orleans Republic of Korea and an County Welfare Rights interpreter with U.S. Military Organization. He has been an Advisory Group to,Korea before instructor of Constitutional Law becoming a professor of law. Harvard Law Review, and George Washing/on Law Review. Perhaps his most popular law review publication is "Waiver of Constitutional Rights: Disquiet in the Citadel", 84 Harvard Law Review I, which served as a foreword for the issue's study of the 1969 term of the Supreme Court. Some of the cases in which he has been involved are: Gutknecht v. United States {Supreme Court invali da ted Selective Service delinquency regulations), Breen v. Local Board (Supreme Court expanded judicial review rights of draft registrants), Gelbard v. United States {Supreme Court expanded rights of grand jury witnesses), Dellinger v. United States (Chicago Seven), United States v. Marshall (the Seattle conspiracy trial), defense of H. Rap Brown, Angela Davis, Wounded Knee defendants, Bobby BakCr, and John Connally. To BuffalcHtudentswho have met Tigar, his impressive legal credentials are matched by his personality and candor. According to John Privitera, a third year student who worked with Tigar in Washington this summer and who will assist him with course material during the year, "Tigar's ability as a lawyer and a thinker and his warmth as a person can only be experienced. The Brennan incident may have chilled the poI i t i cal expression of law students and lawyers across the country, but if there is just one exception, it is Michael Tigar. As students we are irresponsible not to at least sample his brilliance and eagerness." Although enrollment in his classes will be somewhat limited, Tigar told the Opinion recently that he welcomes attendance and participation by all students. School for the 1976-77 school where he has been, intermittently year. since 1966. Tigar's career has been a In 1968, while carrying his controversial one. He has load of cases at Williams, Tigar defended such figures as H. Rap wrote the Practice Manual for the Brown, former Texas Gov. )ohn Selective Service Law Reporter. Connally and Angela Davis. The The volume has had a significant controversy, in fact, began before effect on draft law: in the first he had begun his third year of law five years after the first edition school, when Supreme Court convictions dropped by over 60 Justice William Brennan offered percent. vThe practice manual him a clerkship .which was $o continues to be used as the become available the foljowing government continues to year. Brennan asked him to prosecute draft cases. prepare a resume of his political During some of the "off" time activities. Tigar detailed his with Williams' firm, Tigar spent background as a first-generation two years at U.C.L.A. teaching Berkeley political activist, who Administrative Law, Procedure, had protected ROTC, Evidence, and Criminal Trial demonstrated against the House Practice. He also lived in France .Un-American Activities for tWo years, maintaining a Committee, supported the Cuban private practice of international revolution and was president of a law while co-authoring a massive student political organization at volume of legal history with his California. Brennan insisted on wife, Loni Levy. The soon to be having Tigar's permission to make published book is entitled Law the information public^ and the Rise of Capitalism. Last year, while working at Maintaining his right to privacy, Tigar flatly refused to make what Williams, he taught Evidence at he considered • a political Georgetown. He will continue to confession. Brennan reneged on practice law while teaching here, flying up to Buffalo for one or the clerkship offer. The conformation, which was two days a week. Tigar's pubii shed essays, well-publicized, did not damage Tigar's reputation in some circles: articles and book reviews .have joined the appeared in legal journals, within a week he had prestigious law firm of Edward including The California Law Bennett Williams in Washington, Review, Yale Law journal, ' ' �September 9,1976 OPINION 6 Former UB law professor adjusts to California life (Editor's note: Paul Goldstein, a gained in these Eastern towns has professor at SUNYABLaw School proved more than enough to meet from 7 969-1975, is remembered the subtle challenges of this land fondly and otherwise by many of plenty, which on occasion has students for his on-the-spot been confused with a form of interrogations of students in the paradise. A reporter happened to areas of property and patent law. run into Goldstein, formerly a He was lured away from Buffalo professor of law at SUNYAB and by the sunny skies of California presently a faculty member at the and the dean of Stanford Law School. Opinion reporter George Rusk, who worked with a San Francisco law firm this summer, bumped into Goldstein on a Stanfordpatio.) by George Rusk In Northern California the sun has been known to shine for weeks and sometimes months in cloudless skies without even the slightest intimation that rain is likely to fall. Occasionally during the dry summers, the-natives are warned against the possibility of rain so as to instill a sense of humility in their proud breasts. But such warnings go unheeded by the experienced who are able to see the lie for what it is worth. Instead, they must rely on deep inner resolve in order to check their growing sense of fearlessness and false pride. Luckily for Paul Goldstein, and others fortunate enough to have spent some time in New York and Buffalo before becoming natives, the experience Stanford Law School, while cruising through the burnt orange hills of Stanford, and filed this report. You can't always believe the hype about California. It was an unmistakeply overcast summer day at Stanford. Yet there were puddles on the pavement. As masterful a Buffalo illusion as one could hope to find. But the important thing to understand, is that it was just the illusion and the hype is not entirely unbelievable. The puddles had resulted from sprinkling pipes. There were palm trees swaying in the breeze, instead of pines. And it was a mellowCaliforniacampus setting as far as the eye could see. There were undergraduates all over the place: enthusiastic, innocent, tall, short, spaced. There were sidewalk vendors, roving flutists, kids and hikers populating the asymetric, treed quadrangles. All of which would not be of particular interest excej)t that the recently constructed taw buildings are just around the corner and they manage to blend in manifestly unnoticed. Such is the setting in which students and faculty of the Stanford Law School must wage their daily battles. The demands of the situation have already begun to show telltale signs in the manher of Goldstein, sitting in quiet relaxation on an open air patio adjacent to the campuscafe where "one can order sandwiches on less than four types of bread, along with orgeat, tamarindo and frosty mint mit shlag. When asked the hard question of whether the quality of life in Northern California compares favorably with what he had come to know and love in Buffalo, it was no less than incredible to hear the composed resppnse. Not missing a beat, and demonstrating the Socratic skills that have become legend in O'Brian Hall, Goldstein quipped, "What do you think?" Indeed. Life in Stanford for a professor seems to be agreeable. A number of faculty live on campus in a style that comports with their respected status. Gerald Gunther, for example, lives in a large home located behind a South Hampton-type hedge in the center of the faculty community. Goldstein's home is just off campus in the peaceful town of Palo Alto. He's been spending a good portion of his time there this summer while finishing his study and tending to a backyard garden that Voltaire would be proud of. The good professor has been managing to keep himself busy. Though claiming that his summers are pretty much left to himself for, tennis, bicycling, writing and research endeavors, this "Saturday interview with him was sandwiched between two meetings, he had to attend to at a local computer communications firm with which he consults. The study which he is in the process of completing this summer was i Buffalo, though the difference in begun in Buffalo and deals with a i education is -perhaps harder to topic which on its surface does i judge. Buffalo's reputation is not not appear to be strictly within i firmly established in this part of the mainstream of orthodox legal! the world,but with the arrival of research. But, of course, the law recent graduates Bert Slonim, who touches all, even the instructional 1 is to take on teaching duties this materials used in K-8. The book ; fall, and Vince Cox, who is to examines the impact of copyright : begin work in Sacramento, and patent laws, and a variety of Gojdstein is confident that the social, political and psychological I reputation of SUNY at Buffalo factors on the educational Law School will grow. process. California has a charm to it Stanford is one of the most : that is hard to resist. Already it renowned law schools in the West. has claimed Paul Goldstein, and, As in Buffalo there is some i in fact, his brother, sister, parents. emphasis on clinical programs anc' and unnamed hordes worldwide. it is interesting to note thatvideo < The siren's call continues to tape techniques are often used in beckon. Resist, if you can or the clinical program. Stanford is want to. But remember, California substantially more expensive than is not Buffalo. ' - : - — American Bar Association highlights ABA delegates study reverse discrimination A section of the American Bar Association has been directed to study and report on law school admission policies that may entail reverse discrimination by favoring members of minority groups. The ABA's policy-making House of Delegates asked the Section of Legal Education and Admissions to the Bar to investigate the situation and report back to the House when it convenes in Seattle during the midyear meeting in February. The reverse discrimination issue was raised before the U.S. Supreme Court in 1974 by Marco DeFunis, Jr., who had been admission to the University of Washington Law School because of the school's "affirmative action" program. The high court refused to decide on constitutionality of the program because DeFunis obtained relief in a lower court and gained admission to the school. The 360-member House acted on a number of other recommendations during the ABA annual meeting in Atlanta Aug. 5-12. The delegates turned back a resolution calling for legislation allowing courts and administrative agencies to award attorney fees denied - Housing violations - cont'd. form page 5 the problem of making it difficult to obtain judgments against absentee landlords. In City Court, the Housing Part rotates judges every six months; this does not give judges a feel for particular cases or an understanding of . working with local neighborhood corporations, such as the two-year-old University Heights Community Service Center. This direct approach makes sense because tenants are more likely to be aware of neighborhood housing problems and become actively involved in solving them if there is a visible organization in the area which they can turn to. A neighborhood corporation has a better understanding of the local problems and is better motivated Harden mentioned another possible alternative to the present scheme: enacting legislation that would require the landlord to obtain a permit before he or she could rent. Passing inspection would be the prerequisite for a permit. Committee on Association Communications for courts to use in implementing judicial restrictive (gag) orders, so as to New York State Bar plans "Action Unit" Eight lawyers from varioOs accommodate free press while The resolution on lawyer fees guaranteeing a fair trial. The parts of the state have been sought to overturn the impact of central feature would ask the named as members of a special the Alyeska case, in which the judge to hold a public hearinp. "Action Unit" of the New York Supreme Court ruled that courts including the media, befort State Bar Association to explore lack power to award attorneys issuing an order to withold vays to improve the delivery of legal services to the public. fees to lawyers who take public information from the public. interest cases, unless specified by Edwin F. Russell of Brooklyn, legislation. Approved a Criminal Justice NYSBA President, said today that Section proposal seeking increased Anthony R. Palermo of Rochester The House, speaking for the employment of women "at all will be Chairman of the Action levels and in all segments of the Unit. 210,000-member ABA, also; Approved a procedure criminal justice system" and Other members of the group proposed by the Standing revision of "policies which tend to appointed by Russell are David S. exclude women artificially from Williams of Albany, Raymond W. certain jobs traditionally held by Hackbarth of Syracuse, Wallace J. - ■.'."■, housing problems generally, according to Price, fudges, he believes, give too many v nnecessary adjournments on to eliminate them than the housing matters. The inspection slow-moving Department of and court systems favor the Inspection, according to the landlords by allowing them to councilman. stall. Combine this fact with the short term nature of the average occupancy and the trend to inspect only on complaint, it is easy to see how landlords escape conviction,he said. Price believes tenants' problems can best be solved by and other costs to persons^vho seek to defend public interests in court, but cannot afford legal counsel. Blacklisting is a tactic to which Price is not opposed, and he faulted the university for not distributing available information and aiding students in fighting the housing problem. Copies of both Service Center reports, 1976 Rented Housing Study: University Heights District and Housing Survey Analysis: Major Absentee Landlords are available in the Opinion offices, City Hall, or at the University Heights Service Center, 3096 Main Street. The •latter study indicates existing violations in each unit surveyed, plus the1 rent, number of bedrooms, and number of tenants per unit. The Buffalo Tenant Landlord Handbook published by the Buffalo Temporary Commission on Housing in March, 1976, is also available in City Hall and provides all city tenants with a readable layperson's guide to landlord-tenant rights and duties. men." - Approved a recommendation the Commission on Correctional Facilities and Services calling for an overhaul of the parole procedure, including providing adequate notice of the parole hearing or interviewand an opportunity to review in advance, with assistance of counsel, the information to be considered by the parole authority. Approved a Commission of Correctional Facilities and Services proposal urging reforms of "gate money" practices to provide released prisoners with adequate means in cash or services to secure necessary food, lodging and clothing for a minimum of one monthafter release and access to loans to secure tools, uniforms and other materials necessary for by - jobs. Another Commission recommendation urges states to provide prisoners with basic educational skills, especially reading. Stakel of Batavia, Bernard J. Reilly of Babylon, and Alexander D. Forger, Lola S. Lea, and Douglas S. Eakeley, all of New York City. Russell said that the Action Unit will seek better ways to deliver legal services at lower cost to middleincome persons. The Unit will study the possibility of expanding lawyer referral services in New York ■State. Currently, fewer than half of the local bar associations in the state's 62 counties maintain such services. The Action group will also consider the need for a bar association-sponsored program to inform the public as to the kinds of situations that require a lawyer's services, and the best way to find the right lawyer. Russell said, "The State Bar Association,, through the efforts of this new Action Unit, will fulfill its responsibility to improve legal services and let people know where these services can be found." �OPINION Something for Everyone . 7 Law School Organizations Gear Up Law student organizations and related activities provide access to special interest areas of law or legal education, allow law students to pursueand develop interests in extra-curricular legal affairs and encourage students to utilize classroom skills in practical and realistic projects. Various law school groups are actively planning for the 1976-77 school year. - Student Bar Association In addition to annual parties and a picnic scheduled for early fall, the SBA has coordinated a program with the Erie County Bar Association enabling third year law students to participate in activities of various bar committees. Committees function in the areas of corporations, banking, commercial taxation and other areas of law. Information on this and future Student Bar Association activities is available in the SBA office, Room 113 v - Day would include representatives from several area law schools who would give prospective law students insight into the realities of law schools and the differing of various law schoofs. The program would be geared primarily for minority students, but will be beneficial and informative to all prospective law aspects students*; - Puerto Rican Law Studets Association As part of their legal activities, Puerto Rican law students are providing services for Hispanic inmates at Attica. The students assist the inmates in preparing cases and providing library materials. The Puerto Rican Law Students Associaton also plans to become involved in cultural programming with the Hispanic inmates; they will supplement the bilingual education program already in operation at Attica by assisting in educating the inmates with regard to Puerto Rican culture and The Moot Court Board in located in Roon. ..as applied for financial aid and meets requirements as to need and grades. Socially, the Law Spouses Association has monthly business meetings and monthly parties at thehome of one of the members. Interested students can get further information on Law Spouses Association activities from Gail Faber, 681-3073, Joan Fitzgerald, 826-9379 or in Room 646 O'Brian. - New York Public Interest Group The newly organized law school chapter of NYPIRG will deal with legal issues and research on public interest topics.. The chapter has prepared possible projects including research on nuclear energy cases, drafting legislation on disclosure of corporate information, investigating possible reforms in the Workman's Compensation Law, writing profiles of Erie County legislators and several projects on banking operations. NYPIRG also plans to assist in voter registration for November's presidential election. The NYPIRG office is located in Room 509. - Law Spouses Association Members participate in both fund raising jnd social activities. The Law Spouses Association sponsored a used book store early in the semester and is planning to hold a plant history. sale, liquor raffle and box lunch sale during Members are also planning to do the course of the year. Proceeds from the recruitment work' to interest Hispanic sales will fund several $100 scholarships undergraduates in the law school. In available to any married law student who addition, some students are involved in the school desegregation suit recently brought in Buffalo. - Buffalo Legislation Project BLP members will receive academic credit for completed projects. Threecredit hours will be awarded for three semesters of work. Projects for this semester are presently being organized into final form. Second year students accepted to the project have begun orientation to the BLP this week. Details of BLP's activities will be presented in future issues of the Opinion. Other organizations include: National Lawyer's Guild, Association of Women Law Students, Jewish Lav Students Association, Law Students Civil Rights Research Council and the International Law Society. Placement Committee Placement Committee members have organized groups to cover placement interests in judicial clerkships, career days, alumni contacts, accumulation of placement lists, interviewing procedures and other career aids. The Committee operates in conjunction with thePlacement Office and is instrumental in contributing student Moot Court Board Members of the Moot input to placement efforts. Co v rt Board have planned several competitions for the upcoming year. In Buffalo Law Review The Buffalo Law early fall, the Board will sponsor the Review is planning several innovations for annual Desmond Competition for first its 1976-77 publications. Four issues of the and second year law students. Competitors journal will be printed during the year with will be required to write brief a on a a special fifth issue representing work done problem devised by the Moot Court Board, by Sea Grant researchers. The first issue is who were advised by a panel of faculty scheduled for the middle of November. members, and participate in several rounds Another new aspect of the law review will of oral argument. Moot Court Board be group writing projects coordinated by members will be available to advise and associate editors of the journal. Proposed assist students interested in competing. topics for the projects include a survey of More information on the Desmond state consumer protection laws, analysis of Competition will be available in several S10(b)(5) of the Securities & Exchange weeks. Board members compete on an Extra activities sometimes include lunch. Commission and research in the area of inter-schpol competitive level at various dissemination of health data by New York law schools throughout the country. State agencies. First year students will have Presently, members are prepaing for the an opportunity to apply for membership National Moot Court Competition to be on the Buffalo Law Review in March, held this fall. Next spring, the Moot Court 1977. Board will be host to the Albert Mugel Tax Competition, which will involve moot Black American Law Students Association court teams from numerous national law The Alumni Association has installed New Officers are Robert P. Hne, BALSA members have actively schools. Other competitions in which the new directors and officers at a luncheon president; Hon. William J. Regan, vice participated in developing and Moot Court Board plans to compete al the Sutler Hilton Hotel in meeting held president (president elect); Everett M. are implementing the revamped discretionary the jessup Competition, dealing with Buffalo, Elected to the three-year terms Barlow, treasurer; and Robert Schaus, student admission program. Members are International Law and involving national June 18 were Anthony J. Colucci, Hon. secretary. planning to bring speakers to the Law schools; Niagara Competition, emphasizing -Leslie G. Foschio, David C. Horan, Charles ** * School and to sponsor a Law Day for American/Canadian International Law; E. Milch, Hon. Peter Notaro, David A. Alumni Association*President Robert P. undergraduate students from area colleges Patent Competition; Securities Sands and John H. Slenger. The Board Fine called a special meeting of the Board interested in law school. The proposed Law Competition and Labor Law Competition. contains 21 members. of Directors, August 19, at the Statler Hilton at which plans were approved for a cocktail party to welcome new Law School Dean Thomas E. Headrick to the Western New York area and to introduce him to the local Bench and Bar. Final details for the reception, which will to be held sometime aspects admission previous policy. four course load of in rather than the normal in October, will be announced when by Louise Tarantino "Previously," Pearce said, arrangements are completed. the first semester of law. school. These students admitted but "discretionary first were part regular students all be of a for reduced will providing course A program ** * help. They usually The Board also approved Fine's load and tutorial assistance for special year section for their three courses, Civil were given no additional classand became fell to the bottom of the attending an Alumni meeting in admissions students in the first semester of Procedure, Contracts and Torts. In addition to the prescribed classroom the 'D' buffer. Because of these students Washington, D.C., September 17. law school has been devised by the worked perfectly." Placement Director Jay C. Carlisle, 111, Academic Policy and Program Committee. hours, however, discretionary admission lln-1..11 shaped curve This admission practice resulted in a organized the meeting for the purpose of Members of the Black American Law students will attend an additional hour of discretionary students "revolving for tutorial door" extra stimulating placement opportunities in the Students Association and the Puerto Rican class in each subject begin law school studies capital city area. Fine will attend to assist Law Students Association contributed to assistance. Because of the increased were allowed to faced with repeated low in this respect and to help set up a satellite an but were soon classroom students earn hours, will discretionary the development of the additional credit per course, putting them grades, failuresand dismissal, Pearce added. chapter of the Alumni in the Washington, student admission program. other "Just by having this admission policy, D.C. area. BALSA president, Mark Pearce, on par in credits per semester wfth the administration was making a semblance explained that the new program is not first year students. In this way, ** * * Can of a commitment to minority and Student Bar Association President Barry exclusively open to minority students, and discretionary admission students second semester discretionary students," McCulley said. R. Fertel has been attending monthly proceed regular with a students are determined that discretionary "But then students got here and they find meetings of the Board of Directors, an only by numerical indexes, primarily LSAT course and creditload without penalty. The tutorial hour will concentrate on no real commitment," sheadded. arrangement intended to keep both the scores and cumulative grade point averages. McCulley indicated that many first year students and the Alumni in touch with Special circumstances such as age, unusual developing adequate writing skills. year's class were each other's activities. teaching and the students of last in tutoring Professors from school are majors and long absences Laufer for Torts, Hollinger for disappointed with their academic program program are explanation for as taken into consideration * � contributed Contracts and Homburger for Civil and experienced inadequacies in the.regular The Alumni Association the low scores. year first curriculum. towards the $500 cost of the reception Pearce did say, however, that the largest Procedure. "Many students, especially minorities," held following the graduation ceremony of BALSA members Pearce and Nancy proportion of students in this admission she said, "get the wrong picture of SUNY the class of 1976. The Alumni Association McCulley," year both second students, be minorities. category would probably at Buffalo Law School "when they apply. has 'regularly given financial assistance to Students admitted to the discretionary stressed that the new admission program cont'd, from page 8 unsatisfactory help defray the expenses of the reception. admission program will take three courses was designed to correct — - Alumni make plans — Discretionary student admissions: looking at special circumstances * - ** - �SUS from p. 1 Headrick from p. 1 school," it must have a first-rate ' September 9,1976 OPINION 8 foundations for their contributions to society and I think a law school has to have that as part of the basis on which it plans its curriculum," he said. A. second area that needs development is student involvement with the law school. Students ocme to class and study in the libraries but there is little space for casual conversation and discussion, he noted. Headrick described facilities at Yale and Stanford, which allowed mixing among faculty and students and suggested exploring ways to open up physical spaces to meet that need. Headrick had warm words for the SUNY at Buffalo law faculty, which he described.as one of the school's great strengths. He cited "the broad ranging interests of the faculty which finds expressionin new and valuable courses," while providing a good basic curriculum in the traditional areas of study and retaining their committment to scholarly work. The library is a third area of concern for the dean. It has "clearly not kept pace with our needs and although people outside the law school are tiredof hearing that, it is a fact." If Buffalo is to develop into a "first-rate law library. The law school is somewhat isolated and closed off from alternative sources of legal, materials, he noted, and although the library has improved in recent years, I k,niii< k still feels it falls short of what it should be. Headrick plans to address the student body at some later date, noting thathe needs more time to discover what he can and cannot change. Students should understand that although a dean can serve as "a catalyst, a persuader, a spokesman and sometimes a prod of one kind or another, he is certainly not in a position to command that this or that can happen," he said. Students who have problems that cannot be solved within the existing structure are welcome to contact him, Headrick pointed Lorenzetti that students will get at least $ 1450 eachper year. Financial aid officials locally and in Albany have said they were surprised by the restoration of funds for law students with no similar action for medical or dental students. "Apparently it was because of effective work by the law students that the legislature put it through," said Martin Lefkowitz, coordinator of financial aid services at SUNY Central in Albany. An ad hoc student committee, with the support of the Student Bar Association sent 40 students to Albany by bus in mid-April to urge legislators to vote for restoration of the SUS programj after it was cut from the budget in response to the state's fiscal crisis. Arguing that loss of the scholarships would effectively deny a legal education to lower out. and middle-class students, the also organized a (Editors' note: This is the first of committee letter-writing campaign and a a two-part interview with Dean demonstrat ion in downtown Thomas E. Headrick. The second Buffalo to garner support for the part will appear in the September law students within the "legal 23 issue of Opinion. Students are community. invited to submit questions or The special treatment for law areas of interest they would like students "was not on the the interviewer to discuss with the recommendation of. SUNY dean by Sept. 13 to the Opinion Central that I know of," office.) Lefkowitz said. "SUNY did go to the Division of the Budget to get a lot of these things done, including getting the law students taken care of, but we didn't specifically ask for law students ... We thought we made a good case for medicaland dental students, too," he said. A fee-waiver program is currently being worked out to help medical and dental students meet their tuition expanses, he said. The initial problem with the new SUSTA, according to Stillwell, is determining who meets the basic criteria. Under both SUS and SUSTA law students eligible for the full Tuition Assistance Program (TAP) award of $600 make up the pool of eligibles for additional aid. But a hofd-up in processing of TAP applications in Albany may delay disbursement of SUSTA funds until late in the semester, Stillwell said* Any further limitations on who will get the money or how much aid each student will get is an entirely local decision, he added. Guidelines for that decision will be drawn by the SUNYAB financialaid committee. Saying that he does not anticipate serious problems for students whose awards are delayed, Still well pointed out that SUNYAB students have always been allowed until the end of the semester to pay their tuition bills, andihat policy will continue fall semester. Among the possible alternatives for distributing the funds, Still well said, are allocation of the awards on a full tuition basts to everyone who qualifies for full TAP for the first semester "and then seeing how far it will carry us," allocation on a percentage basis, or use of information in the financial aid office's files, to choose the .needieststudents. * Stillwell said he would notify Opinion of new developments as they occur. Faculty disorients freshmen Library from p. 1 remaining cancelled," Jepson said. positions became vacant in the "Acquisitions will be sad for a library. Documents Librarian Both back volumes and present while," she added. Barbara Goldberg resigned. Wendy issues are being ordered, said As for staffing, four positions Roberts' intern line expired with Mabel Jepson, technical services here have been vacant in the her graduation from library school librarian and a spokesperson for library for more than a year and David Johnson, a shelver, the library. because 4of the hiring freeze and received a promotional transfer. A listing of all publications an additional partial line position However, those vacancies were which were discontinued was In reference became vacanl this filled in part by the transfer of being circulated among librarians summer during a personnel Karen Smith from documents in in mid-August for comment on shuffle. In addition, the library's Lock wood Library to the which publications could be number two spot of public documents department here, and reinstated under the library services librarian continues to be by the splitting of librarian budget for this year. A library vacant this fall, although the William Borodacz's time between committee of the faculty and the school now has been given Lockwood, where he is curator of Dean also were to review the list permission lo recruit for that the Polish Collection, and the Law Library, where he became a before a final decision was made. post. Among those items unlikely lo Wengcr had filled many duties cataloged The library also has be reordered are "a lot of the of the public services librarian been given permission to recruit foreign materials, and periodicals before he left since that post had through civil service for a shelver, and journals," Jepson said. never been filled. Jepson said a jepson said. Looseleaf services and periodicals search committee of three Changes in library staff purchased by the library and kept librarians and Janet Lindgren of positions cause a certain amount in individual professors' offices the Law Faculty has been asked of work slowdown during for their use also will be for letters of reference from about training, Jepson said. Vacancies in scrutinized. 25 candidates for the public the staff also slow down such projects as revising the Kardex, and reclassifying and cataloging the collection. "We just cannot do Mat thew Bender, West and Lawyers Cooperative publications. ' ' *' The library made major cancellations in June, November and December of the last school year when supplementary funds that the librarian had hoped for failed to come through because of the state government's poor financial picture. The Law Library,has been able to reorder materials now because the new budget for this school year came through in May. The acquisitions budget is't 120,101. That ts up $16,000 from last year, mainly for inflation. "We hope to be able to better live within the budget with some things First yearstudents got acquainted with faculty heavies Sunday at a touch football game held on the Amherst campus- Prof. Ron Allen said the score was 22-0 for the faculty, whose team included Dean Thomas Headrick, and Professors Dannye Holley, Richard Bell, Martin Lybecker, Robert Teis and Allen. I all the work we want to do" while short staffed, she said. "If it weren't for the fact that Special admissions from p. 7 we have good student help, it would be much more drastic. They are told about special go beyond those students with Particularly in technical services, programs that used to exist or high LSAT scores who can get it makes a worldof difference. We about tutoring possibilities that into larger, more prestigious law really couldn't operate effectively never materialize." schools. without them." Perhaps the major complaint "These students won't come to" against the previous admission ÜB," he said. "The administration The Law Library has a staff policy, was this lack of tutorial should lower its sights to people now of eight professional assistance. Both Pearce and who will actually come to ÜB, not librarians, fourteen civil service McCully noted that SUNY at only accepting people who would positions, plus students on services librarian post. Estimated work Buffalo Law School did actually get in anyway." time for an appointment is temporary service funds and recruit minorities and other McCulley remarked that UB "hopefully the middleof October, study. discretionary students, but once should also make more of an changes staffing Besides and in but that's hopeful," Jepson said. acquisitions, there have been admitted, thesestudents found no effort to recruit local The public services librarian is to other changes over the summer in dynamic program to help keep undergraduate minorities, "people be in charge of reference, the library. them in school. who are from Buffalo, and will "By admitting these students, stay and practice law in Buffalo." circulation, reserve and inter-library loan, and is to do The card catalogs and the administration seemed to As of late June, 34 reference duty. The position calls reference desk on the main floor think they were providing the big discretionary students were for a person with degrees in both were relocated over the summer chance to become an attorney," accepted into the innovated law and library science, or a to give workers at the-circulation Pearce' commented. "Well, program and 23 of these indicated degree and experience in one field "desk a clear view of the reference admission isn't enough, especially they would start classes. and a willingness to pursue a area so they can see if it is staffed. for minority students." Jose Sosa of the Puerto Rican Pearce also said that since Law Students \Association also degree in the second. And large signs were placed on the Things appeared worse in main floor to help visitors find SUNY at Buffalo is the only. assisted in the development of the personnel in late July and early change, the copy machine and state-run law school, recruiting program. He could not be reached August when three additional circulation. y ■ and accepting minorities should for comment, t ., � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-09-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/9/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a7535df43a8aa9836c7f5829dc5e177a.pdf ea0aca6e53a83043b427a58287d514fd PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17, No. 2 special September 23, 1976 State University of New York at Buffalo Faculty of Law and Jurisprudence Jaworski to speak Former Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 7 Desmond competition Watergate Prosecutor Leon Jaworski will speak at the SUNYAB Law School tomorrow at 3 p.m. in the Moot Court Room. Jaworski will be in Buffalo for a Polish-American festival this weekend. The talk will be informal, with opportunity for questions and discussion. The Houston Lawyer and former president of the American Bar Association has justpublished "The Right and the Power", described by one reviewer as "the bill of particulars that should have been issued when Gerald Ford Pardoned Richard Nixon." The book tells the story of Watergate from the prosecutor's personal impressions of the point of view, detailing the scandal as it unfolded before him. Proceeds of the hook arc being painstaking gathering of evidence and touching upon Jaworski's donated to charity. Headrick comments on clinic and class by Bob Anderson "open administration", with availability to individual students and to student groups is what Dean Thomas Headrick is promising the SUNYAB Law School. The Dean thinks that he needs more information about student concerns so his office can better meet the needs of students. "All topics are open to discussion," he said, unless "they deal with patters which were acquired in a confidential manner, or unless it would affect some negotiations which are ongoing and thus disturb the process of those negotiations." In a second interview tyith the Opinion, Headrick responded to specific questions about problems and programs at the Law School. Asked to discuss the relation of classroom work to clinical 'programs, Headrick expressed a desire for a "healthy mixture" of both types of activities. "Buffalo has a well developed clinical program in comparison with most law schools," he noted. "The program here is extremely broad and very well thought through in terms of its integration into the curriculum." To a suggestion of expanding the present third year program of An Professor Herman Schwartz and. Richard Griffin, NAACP attorneys in the Buffalo Schools Desegregation suit, will speak Wednesday in Room 109 at 7:30 p.m. on legal aspects of Che suit offering some form of clinical experience during first'or second year, the Dean responded that one important limit on expansion of the present clinical experience is staff availability, and, although some form of clinical work could be quite valuable in the second year, with present resources it is better placed in the third year after two years of academic preparation. He also noted thai the Court of Appeals places some controls on clinical experiences, especially as to what activities may be engaged in by students. In response to a query about the relocation of the Law School from downtown Buffalo to the Arriherst campus and theresulting isolation from the legal activities of the city, the Dean said that "even though close contact with places wherethe business of law is conducted is important, being in the center of the university is equally important. Ideally, the university campus should be next to the courthouse, but ideal worlds are rarely achieved." "Limitations on faculty availability and resources also an obstacle to present implementation of an L.L.M. program at SUNYAB Law School," Headrick said. Implementation of the program, recommended by a student-faculty committee will require detailed planning, but the faculty has decided to go ahead with the program, especially in the area of state and local government. cont'dpg. 8 Moot Courtfostersforensicfray Former Court of Appeals Chief S. Desmond will introduce this year's problem for the annual moot court competition that bears his name on Oct. 4. Judge The two-person moot court teams, composed of first and second year students, -will then have about a month to prepare their 15-page briefs on the problem,-, with- oral -argumentsscheduled for November. tn line with the scope of the exercise, Judge Desmond's address is expected to stress the importance of oral argument in appellateadvocacy. Each team will be required to brief one side of the fictional controversy raised in the problem. Teams will then argue at least three limes in the November preliminary rounds, and will be expected to be able to^ present both sides of ihc case. Oral arguments will be presented before panels of judges, professors attorneys and representing the United States Supreme Court. Four semi-finalists will be chosen from the field by a combination of oral scores accumulated in I he first three rounds, and the score awarded briefs by a grading committee.. Considerationof won-lost records in the preliminary rounds and the strength of the opposition may also be taken into account. The competition will then culminate with a final round in the Mool Court Room judged by a panel expected to include Court of Appeals and Appellate Division judges, presided, over by Judge Desmond. The final round will be followed by a banquet for entrants and judges. Contestants will be assigned members of the Moot Court Board as advisors for the competition. The advisors will help students develop their facility in handling research and composition of an appellate brief and argument, although they will provide no substantive help on the problem. For the first time this year, the Moot Court Board plans to set up a committee to regulate the advisors in order to ensure uniformity of advice to all The Moot Court Board itself takes part in about seven inter-school national moot court competitions during the course of the school year. Last year, members secured many final and semi-final berths in competitions, accompanied by a number of awards for Best and Second Best Briefs. The Moot Court events include hosting the annual Albert R. Muget Tax Competition at the Law School. In past years the final round panel has been comprised of judges from the Tax Court, and this year invitations Grad refused corrections job Ron Benjamin, a May 1976 graduate of the Law Schooland a convicted felon, is waging ,i slate-wide campaign against what he claims is a policy prohibiting hiring of ex-convicts by the New York Commission of Corrections. The New York Civil Liberties Union (NYCLU) has joined the protest. The refusal to hire Benjamin came from Acting Commission Chairman Richard Chinlund. Chinlund was^ppointed to his job following the refusal by the slate legislature to approve the appointment of SUNYAB law professor Herman Schwartz because of his liberal approach to prison reform, including the hiring of ex-offenders for commission hired because of his background, according to Benjamin. Benjamin was convicted of grand theft when he was 19, and spend 32 months in prison. He earned his,high school diploma in prison and did his undergraduate work at SUNY Bingh.tmton in three years before coming to the Law School in 1973. jobs. In Binghamlon, he ran a social Benjamin and the NYCLU are service agency for ex-offenders for claiming that Chinlund's refusal to two years and has been involved hire him for a position with the in the criminal justice field for the program unit of the agency is due to the Acting Commissioner's fear that he would lose his job. "I cannot tell you that were Herman Schwartz the current chairman I would have been hired," Benjamin said, "But I can tell you that if I were not hired t"he reason would not be because I am an ex-con. Schwartz acted on principle." Two weeks ago, Benjamin started a speaking tour through Albany, Binghamton, Rochester and New York seeking financial and political support. Chinlund subsequently put two Based an the performances during the Desmond Competition, ex-offenders on the payroll, a move Benjamin claims is in response to the publicity he has the Moot Court Board will invite about 15 competitors to join its ranks. allegation that Benjamin was not competitions. are being extended to State Supreme Court and Circuit Court of Appeals judges as well. The Moot Court Board also expects to compete in the Nationals Competition in Boston, the Jessup Competition in International Law, the American-Canadian Niagara Competition, and labor law and securities competitions in New York City. Questions regarding Moot Court activities can be answered in the Moot Court Board Office, Room 8, in the basement behind the Moot Court Room platform. generated. Chinlund has denied the past five years, he said. "If a law school graduate with my background is to be discarded as a useless relic because I made a mistake, then what chance do the vast,majority of ex-offenders who have not even completed high school have?" Benjamin said. "What incentive to acquire skills lhat will enable them to become productive members of society." " The Niagara Frontier Chapter of NYCLU issued a statement recently pointing out that such a decision by an agency designed to protect and represent the prison population will undercut the Commission's credibility with prisoners. The Commission i» in effect "extending the sentence imposed on Mr. Benjamin by a court of law, to a lifetime of state retribution," NYCLU charged. �September 23, 1976 OPINION 2 Sunday rash cured Editorial Blue laws finally outdated by There have been some mumblings among the ranks, particularly among the third-year ranks, to the effect that lawyers, or at least the American Bar Association, have a professional responsibility to provide graduates of accredited law schools with jobs. The import of these rumblings is, of course, that law schools should not accept more applicants than the profession will be able to absorb when these applicants are graduated. A limiting of law school admissions in order to guarantee graduates jobs is unacceptable for two reasons. First, the legal system is much the basis for government in this country and absolutely essential to the guarantees of freedom under that government. Secondly, purposefully limiting the numbers of people who wish to study law to thenumber of available legal positions would be unjustly discriminatory. The government of our country is designed to function out of a synthesis of constantly disputing factions held in check by a constitutionand system of balances. It is in thisinterest to have citizenseducated in the logic and substance of the law that governs their freedom. Presently, the legal market is not flooded: There are many Americanswho suffer infringement of their rights and whose needs are not being met by the present legal profession. Further, in this democratic society, extra-legal fields, including politics, business, education and journalism, can well-profit from the educated legal mind. Even were the law schools to graduate so many students that no employment could absorb legal talents, the* market flood would convince more college graduates to seek other occupations without having the profession deny them the freedom of choice to practice law. The second reason for objecting to further restriction of law school admissions is that the restricting could not be done fairly. There is much justifiablecriticism leveled at the present major method for differentiating among applicants, that is, the LSAT exam. It is agreed that the exam is a good predictor of which applicants will do well on law school exams, but that it is not designed to test other lawyering skills, such as rhetoric, dedication or ethics. The exam, in other words, cannot predict who will be a good lawyer. The American Bar Association should not put itself in the degrading position in which the American Medical Association has placed itself. Intelligence and competence are necessary for the legal and medical professions, and some type of line-drawing exam to monitor the competition for limited spaces is necessary. However, the AMA has cut off thousands of competent college graduates from medical education even in the face of adament demands for medical aid that increasingly cannot be met. The AMA's rationalization that medical education is limited due to the fact that only the relatively few can reach that profession's high level competency, is self-serving. That the real reason for the limitation is to keep up the high cost of that professions's commodity is abhorrent. Were the AMA to follow such tack, it might very well face, as the AMZ is presently facing, a popular push for socialized services. For over two years, seniors have been members of the law school elite, and the time spent waiting with Joanie Caucus, to be moved from the waiting to accepted list of this or some more prestigious law school,is in the dim past. Now seniors too readily see a "we can pick ad choose" attitude of law firm interviewers as the grim future. Law school should not be the equivalent of a mere admission ticket to the bar, that costs a good deal of timeand money. Rather than limitation on the numbers admitted to school, students should focus their demands on law schools for better quality education and on the job market for more creative employment of legal talent. The college students of the sixties who displayed so much determination in pushing for social change should not opt out for three-piecesecurity in theseventies. , John Arpey The purpose behind this column is to keep the reader abreast of recent New York Court decisions and legislative actions that have a significant impact upoti the laws of this state. Over the past summer the New York Court of Appeals declared the Sunday blue law provisions of §§9 and 12 of the General Business Law unconstitutional in People v. Abrahams. Section 9 of the law prohibits "all manner of public selling or offering for sale any property upon Sunday" with certain enumerated exceptions (i.e. Drug Stores, Restaurants). Section 12 allows for the forfeiture of all commodities "exposed for sale" and turning the proceeds to the of the poor." The arbitrariness of the, enforcement denying equal protection of the laws and the listless exceptions to the general closing order undermining the purpose of the legislation were cited as two of the main reasons for the decision. The decision of the Court of Appeals overturns a law with a tradition that dates back to ancient Rome when in 321 A.D. Constantine the Great passed an edict commanding all inhabitants of the cities to rest. The New York Sunday blue law had its actual beginning in this state in the ordinances of New Amsterdam of 1664 and has been a part of the law ever since. The problems with the administration -and _inconsistencies, of the law were immense, with the burden of when and against whom to enforce tb'e laws, if at all, usually falling to the District Attorney. Some examples 6*f the gross inconsistencies in the law were: the purchase of a sweater is prohibited, but if the sweater isjabelled "souvenir" it can be sold on a Sunday; medicine for a baby's diaper rash is permitted under the Sunday closing law, but not the sale of diapers; flowers may be sold, but not a get-well card; a gas station owner may sell gasoline, oil, and tires as being necessary to the movement of an automobile yet, under the old law it was illegal for him to sell other equally important and essential items such as windshield wipers, bulbs, fuses, headlights, or even a plastic windshield ice scraper; and the pinnacle of absurdity, magazines such as Playboy or Penthouse may be sold, but the sale of a Bible constitutes a violation. So, stuck with the numerous impractical applications of the law, many District Attorneys and police chiefs chose not to enforce the law, and as a result, more and more proprietors decided to take advantage of this extra day of business. From this laxness in enforcement grew periodic and arbitrary slaps on thehand to proprietors and a flurry of suits. The decision by the Court of Appeals in People v. Abrahams puts an end to all this drudgery with the law for the time being. However, at the present time there is a legislative effort under way to redraft the law and bring it more up to date with the accepted habits of the mobile, convenience-oriented society of today. Still, there are immense problems as to the enforcement of the law, which must be solved if it is to be reinstated and serious questions as to whether whatever practical good the law will do is worth the time and expense of enforcement, and the pain and costs of the numerous suits that will assuredly follow. Second-year transfer students wishing to compete for positions on the BUFFALO LAW REVIEW must pick up thek writingassignment&Jjy.. i, Monday, Sept. 27. Participants will have ten days to complete their written assignments, andimust providethe REVIEW with an official transcript of their first year grades.Writing assignments and further details of the selection process can be obtained in Room 605. The President's Corner SBA offers counsel and consolation to frosh my solution to the problem. Some students know the answers, or worse yet, that you sleep on the couches in the various lounges don't know where to locate the answers. As many first year students are just in the library; others sleep during their There are no answers, and one of the first beginning to realize, the legal educational classes. Each student should try to facts that the student must learn in law process can be debilitating, boring, persevere through this period of school is that the law does not fit neatly difficul t, depressing, and at times, adjustment. Hopefully, no one will have into a well-ordered set of rules. If it did, frustrating. I personally have experienced sleepless nights out of anxiety about then very few disputes would ever be all of these feelings at one time or another whether the professor's supposedly random resolved in court since all issues wouldbe during my years in law school, and have selection of students to be questioned will determined by the appropriate rule. So had to learn how to cope with them. result in his or her being queried the when a,professor asks you a question, and There is little doubt that one of the following day. you are gasping for an answer, don't first felt bad effects of law school is the There is certainly a great deal of worry: the teacherdoesn't really know the draining of your physical and mental intellectual stimulation,but thereis also an answer either. energy. I became a coffee addict during my accompanying mental frustration which One problem which faced during my first year of law school, at least that was occurs when you discover that you don't first year of law schoolI was a lack of confidence as to whether I was capable of handling the material that no matter OPINION how diligently I studied, the cases were September 23,1976 Volume 17, No. 2 almost impossible to comprehend. And the Editors: Cornelia Farley more difficult the material, the greater Tanis Reid would be the amount of time I would spend attempting to understand it. Since Louise Tarantino my knowledge of the material was not Steve Errante actually tested I doubted that I had the ability to do well in law school. Staff: Bob Anderson, John Arpey, Jan Barber, Bob Citronberg, Andy Cosentino, Fortunately, this feeling of ignorance was Maria Massaides, Kirn Hunter, Becky Mitchell, David Munro, John Privitera, John shared by most of my fellow students. If a Simson, Sharon Osgood, Ted Firetog. Photographers: NancyMulloy, Frank Carroll, Mitchell Dix first year student feels intellectually inadequate, he/she would realize that the Copyright 1976, OPINION, SBA. Any republication of materialsherein is strictly law school would not have admitted prohibited without the express written consent of the Editors. OPINION is him/her if it was felt that the necessary published every two weeks, except for vacations, during the academic year. It is the qualifications to be a good lawyer were student newspaper of the State University of New York at Buffalo School ofLaw, lacking. In short, many law students, are John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The much more intelligent (I hate to admit it) views expressed in this paper are not necessarily those of the Editorial Board or than they would give themselves credit for. Staff of OPINION. OPINION is a non-profit organization, Third class postage It is important to remember that you entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by should not let law school control your life the Editorial Board. OPINION is funded by SBA from Student Law Fees. to such an extent that you find yourself in Composition University Press at Buffalo. a vacuum, devoid of outside interests. Try to do sorpe.outside ( reading, ,exe;cise, or by Barry Fertel — even go out drinking after you finished studying for the evening anything to help relieve the tension. — The most severe problem I faced during my first year of law school was a deep feeling of depression; a depression from a feeling of loneliness and alienation. A recent survey revealed that the group placed on top of the list of those who felt themselves to be the loneliest were law students. During my years at law school I have often wondered whether it has all been worth it. My only advice to students who experience this feeling of doubt, is that they look at law school as a means; as a tool which will provide the skills to effectuate change in our society. Although I' may change my view many years from now, I do feel that it has been worth it: where else can you learn what quasi-in rcm jurisdiction means. �September 23, 1976 OPINION 3 Book Review Rape as social disease Against Our Will by Susan Brownmiller Susan Brownmiller's monumental book, Against Our Will, Men, Women and Rape, caused quite a stir when it was published last December. Copies were rather scarce and now that I have finally gotten my copy back, a reevaluation seems to be in order. Thisis not an easy book to read. As a woman it was most painful to read about rape through the ages. Brownmiller takes the reader from Ancient Babylonia through World Wars I and 11, through Vietnam and Bangladesh. Werelive the rape of American colonists at the hands of the British during the Revolutionary War as well as the atrocities committed by white Americans against Native American women in the taming of the West. I found that I could rarely finish a chapter; instead I slammed the book shut when I could no longer go ■ on. Law students will be pleased to note that the first chapter is dedicated to the legal development of the subject. Rape was originally viewed by the Hebrews as a property crime committed against the virgin's father, He couid collect.fifty- silver coins in damages, the fair market price of the daughter's virtue. Not until Edward I put forward the comprehensive Statutes of Westminster at the close of the thirteenth century did the state begin to take an in all kinds of rape active interest prosecutions, not just those concerning violated virgins. It took just a little over fifteen centuries for rape to no longer be just a family misfortune but an issue of public safety. One of the most interesting suggestions in the book concerns the type of evidence presented at a criminal prosecution for rape. She argues most persuasively that since robbery or assault victims are not asked whether they resisted, rape as just another violent crime should not single out its victims for this loaded evidentiaTy attack. Space does not permit an in-depth analysis of her other suggestions. Brownmiller deals with such diverse topics .. - Kastle Brill "There is good reason for men iv hold tenaciously to the notion that 'All women want to be raped!' Because rape is an act that men do in the name of their masculinity, it is in their interest to believe that women also want rape done, in the name of femininity. In the dichotomy that they have established, one does and one 'is done to.' This belief is more than arrogant insensitivity; it is a belief in the supreme Tightness of male power." I for one am not willing to place the entire blame on men for the place that women enjoy in today's society or for the terrible treatment that rape victims have as rape in the media, women as trained victims, police treatment of rape victims. What is especially disturbing is her central thesis that rape is inevitable as long as men's self-image depends on the subjugation of women. endured. When I was firstreading thisbook my aunt questioned me as to the necessity of writing a book on such a terrible topic. She assured me that no woman gets raped unless she asks for it. Brownmiller would have me believe that my aunt's statement is the result of the male-dominated media. Although I'm not in total agreement with Brownmiller, I'm still very thankful that she wrote thisbook. Approaching this social problem from a feminist point of view has shed fresh light. It is evidence that women are now fighting back in the legislature, in the police precinct, in the media. That evidence is certainly a healthy sign. by Maria Mossaides Wide World of Torts The Great Returner by John Simson General Douglas MacArthur is the Sentimental favorite in this year's balloting for the "Greatest Returner of All-Time." (Not to be confused with the greatest retainer of all-time.') MacArfhuiyin fact, islcr'edited ,wlth! those immortal words, "I Shall Return." 2 apd has* tain trw'aw*rd seery-year sirfce-itsinccptron in'l9sB. However; fbf the first time in recent rh'ertrdry -MacArthuf 'faces forrfifdable cbmpetition: namely O.\. Slrrrson. Simson's return to Buffalo' rriay surpass MaeArthur's to.Bataan. Why? The answer is not truly clear. However,.some important differences are immediately evident. MacArthur had poor counseling. Sure we were at war,3 but by declaring that he would return, Doug allowed most of the emotional impact of his decision to be stripped away by media overexposure. There was no tension. If only the General had said, "I Shall Not Return,4" he might never have faded away.5 It is even doubtful whether Truman could ever have lowered the axe on Doug if he had renegotiated his return (particularly if it was a no-cut contract). The General lost his bargaining power by uttering those now famous words. Sure thousands on Bataan would have been heartbroken;6 season tickets for the war may have dropped initially, but Doug did have his career hanging in the balance. The Juice obviously knew his history, and capitalized on the lesson of.MacArthur. You too can benefit, for there is. amoral to this story, Something that all law students can take toheart: This summer,, a sbon-to-be second year law student declared that he would not return- His declaratiorrwas;not made public by the Times, or even by Opinion, and since no faculty member hadever called him by name he was quite surprised when he received the followingphone call. .. The rest is history. The student is now in Los Angeles at the newly created State University of New York at Buffalo in Los Angeles (or SUNY at BLA). At this time,he is the only student enrolled at trie Emma Goldman and Eugene V. Debs School of Law. There is presently no campus, faculty, administration or other problems that go along with those1 types of organizations. Instead, there are palm trees, sun, the sand,and the Beach Boys. I spoke at length with the student about this new type of learning experience. ' O'Pinionn: "Don't . you miss having classrooms, professors and other students around?" Student: "The reasons I'm here. The first day here I had six job interviews,.right here on the beach. With no other students around, the competition is less stiff although it is a bit harder to work cooperatively on exams. There is one thing that I do miss.. .the portholes in the Library. These portholes made me feel like I was on some great Ocean Liner. only, the crew finally convinced me that I was on the "Ship of Fools'." very — McPinion: "What did you find so foolish?" Student: "Two things. The word reasonable, and Civil Procedure." D'Opinion' "Would you care to explain?" Student: "Sure. Everything in the law depends upon being reasonable. I don't particularly enjoy being reasonable. If I did, I'd probably still be in Buffalo right now. And even if I were reasonable, it wouldn't mean I was really reasonable see particularly Black and Blue Taxi v. Raw Umberand Magenta Taxi, where the Courtrelied on primary you're refusing Governor. I've heard to return to "HelloStudent? t his is the Voice: colors to determine the outcome. See also Turnipseed's "The National Hockey Leagues" study in Buffalo. As owner and general manager of this Law School I am terribly Penalty System: Does Rehabilitation Ever Work?'" in Phila. Flyer Law Review, vol. concerned. I hope we can work out some satisfactory arrangements." 1 1976. See also Carlton Fisk's radical proposal in "Outlawing the Balk: A Greater Deterrent to Stealing" and M. River's reply, "Theft of the Basis" in The Journal of Law commitment to appreciate your but have made a offer, student: "Mr. Governor, I I and Baseball, Ninth Inning, 1975. move with my wife to Los Angeles. She has been offered a very substantial position. More than that Mr. Governor, I really hate the weather in Buffalo^- walkingnearly half-a-mile Opinion: "Good Luck in Los Angeles" across the Tundra every morning.».. Before YOU refuse to return, I think it only fair to warn you that not returning or Voice: "We can get you a staff sticker ..." the threat of not returning is not adviseable underall circumstances. Lyndon Johnson is a case-in-Chief. Certain guidelines have been devised as a sort of informal Way to measure Student: "... when you finally get inside, the Goddam classrooms don't have windows. your own ability to "Not Return" and succeed. You may not return if: Mr. Governor?" 1. You have won six major battlessince World War II; You gained over 2000 yards in any National Football League season; or 2. "Yes?" Voice: 3. Received 8 H's in your first season as a law student, and either gained 2000 yards in any National... Student: "By any chance, was the school designed by an Ex-Submarine Commander?" Perhaps the most notorious case of those who did not followthese guidelines is one Voice: "Look, I am prepared to try and arrange a trade with UCLA, but barring that, we of recent memory; Tap Awards, a Full two arrange substantial offer. We can "YOU WON'T HAVE DICK NIXON TO KICK AROUND ANYMORE" prepared you very make a are to Yes, those immortal words stunned the American populace in 1962. I shall not return, car, and a Small-Town.Physicians scholarship award worth $5,000 per year." ■History is still too vivid for me to continue. Rather I will retire now to allow you to think awhile on the great disparity of consequences of thosewho refused to return. Student: "I thought those scholarships were only for Medical Students." To O.J. Simson (no, that's Simpson with a P) my fondest regards and wishes for Many Happy Returns Voiice: "Juris Doctor, Medical Doctor, who cares. Besides, have it on good authority another outstanding season. And to the rest of you we students, that if we award those small-town physician scholarships solely to Medical Clause of the 14th Protection in violation of the Equal 6. Twirling the Bataans: my story will be found NOTES: 1. See Money, ). 9 7. Amendment8 some suit by a first-year student last year." 2. 8. See Oldhouse, Suede 3. The Big one 4;9. Not to be confused with some last year Student: "It certainly is,,an attractive offer, however, really will have to give it some student's first ytar. $. and we can talk It over." breakfast, thought... Why don't you fly down here for Student: "Hello?" — " . I I . . ..... ' .. . �i September 23, 1976 OPINION 4 On Point . Ethical questions: a new day dawning? "the general issue of deterrence 'per se' as a the Ydrk Times which stated, that Dean Freedman had volunteered to explain basis for a prison sentence was impractical, before 650 Hofstra law students why he immoral and contrary to the rights in the defended Bergman. The article went on to Eighth Amendment to the Constitution." Student sentiment at Hofstra Law attempt to show both sides of the major Freedman's School against Freedman's actions seems to argument in question. point of defense was that he took the case center on the question of impropriety in the case: of Freedman's relationship to to test the general theory of deterrence, which he thought was an improper Frankel. Freedman contended.* that Frankel rationale for-Bergman's sentence to a four stopped working at the law school in April month prison term. Since the Times article did not (the case took place during the summer), and that the Canon of Professional Ethics debate with Buffalo law students who did elaborate on this point, and it seemed especially interesting, the Opinion called not agree with the attorney's position. states that improprietydoes not occur when picture clearer there is a reasonable basis of a likelihood Friedman is also the author of Freedman recently to get a taking decisions behind his AdversarySystem, Ethics of the ethical that the judge knows all the facts. in Lawyer's in an Therefore, in this case, Freedman which he supports the school of thought the Bergman case. Before speaking with Freedman, I maintained that there is no instance of which asserts that the search for truth is advocate of impropriety. Hofstra students queried last not the most important function of the considered him the supreme week by the Opinion did not fully accept adversary system, and that the "rituals of the lawyer as "hired gun" theory with this explanation. the system are crucial in lending dignity truth being secondary in the legal operation, and expected him to employ This is nqt intended to be a and humaneness to the operation." Currently, Freedman is involved in this rationale in his defense. Surprisingly, pro-Freedman, pro-Bergman, or recognized anti-Bergman essay. At this back on his anti-Freedman, another bout with an ethical question. He he did not fall distance from the case, the questions tend was recently retained as defense counsel philosophy. He said that he actually In regard to the question of general to become complex, quizzical and vague for Bernard Bergman, the major figure in thought Bergman was innocent of the deterrence, Freedman felt that Bergman without "right" answers. the recent nursing home scandals in New crime he was charged with committing. had suffered enough. His client was (whether Bergman was Such a factor As we were concluding our York City. The presiding judge in the case was innocent or not) was irrelevant to his purportedly guilty of a financial crime, yet conversation, Dean Freedman said was not sentenced-accordingly, he said. initially, something surprising. He said that he was the Freedman said, only taking who months earlier case Frankel, Marvin As a result of the case. and its had taught legal ethics at Hofstra Law but as the case developed it became clear repercussions, Bergman's reputation was optimistic about the future of the legal School. Bergman was sentenced to a four to him that Bergman "was being taken for destroyed, his health suffered severely and, profession. Initially I did not get his point, but month federal sentence by Frankel and a a ride." Ironically, Freedman does not seem to according to Freedman, he has become the then it dawned on me. The process I went one year sentence by a State Supreme most irresponsible through to analyze the ethics of the Court judge last week for misappropriating have obviated the ethics or "truth" of the "victim of some of the situation at hand: it was obvious from our and malicious characterassasinations I have Bergman case is one that law students, medicaid funds. ever seen." had become the perhaps in greater numbers than ever Interest in the F reedman/Bergman conversation that truth Freedman asserted that anti-semitism before, are going through. case was aroused by an article in the New primary issue. (Bergman was an orthodox rabbi) played To voluntarily fill a moot court room, an integral part in the course of the trial. with an overflow crowd of a few hundred He described New York Magazine pictorial watching on videotape, as Freedman did at cartoons dealing with the case as Hofstra, to discuss legal ethics in society, is Carlisle also said students interested in reminiscent of Julius Streicher's during the an auspicious sign of an increased Assistant Dean Jay Carlisle recently awareness and interest in values and ethics spent three days in Washington, D.C. judicial clerkships and positions with large heyday of Nazi Germany. Freedman also pointed'out that a few within the legal system. Perhaps these visiting with private law firms and law firms in New York City, Chicago and immediately Eugene weeks earlier another Hollander, Washington, D.C. should difficult times of ethics have brought about government agencies. Carlisle met with hiring lawyers from make contact with such employers. nursing home proprietor, was convicted .the movement, but whatever it may be, it and given a financial fine, not a prison is happening, it is exciting, and law firms such as Arnold & Porter, yes, it is Covington & Burling and Kirkland Ellis. He A large number of federal and state term. Furthermore, Bergman was audited optimistic. incriminating timesand evidence 14 no was also spoke with representatives and general judges have still not made final selections. Dean Silvers counsels from the Federal Communications The judicial clerkship committee at the law found. In this situation, Freedman said, Commission, the National Labor Relations school forwarded resumes and application B"oard, Consumer Products Safety material for at least 26 students to various Commission and the Reginald Heber Smith judges. Foundation. The committee did not engage in any U.B. Law Alumni President Robert pre-screening and all students who did not Fine accompanied Carlisle on several of the participate in the committees' activities visits. Carlisle noted that "the State should not be discouraged from submitting problems, but they were able to relate to University of New York Law School is well applications to judges on their own. There by Andy Cosentino the hypotheticals we discussed, particularly known in the District of Columbia. Our are many judges who did not respond to recent graduates have done excellent work clerkship inquiries made by the committee "In the early going, I think that we did when we talked about'search and'seizure. at the IRS, Department of Justice and the and students should contact them. arts and crafts activities morale boosters The lectures were well received, so we They includeall Federal judges in the and boredom chasers as much as anything returned this summer for another visit," SEC and NLRB. However we mustt Mulloy noted that presently there is our law continue to publicize Western District, in the Court of Appeals else," Nancy Mulloy, an active staff school .... we have a superb faculty and and in the Appellate Division for the Third member of the Buffalo Women's Prison little activity on the part of community Project remarked recently in reflecting members. The Project staff consists of 10 an outstanding student body. If legal ■and Fourth Department. employers can be encouraged to recognize upon the development of the organization. law students, evenly divided among secondChicago law firms New York, in Large the high quality of the law school, we can Like most of the Prison Project staff, she and third-year students whose concerns are Washington, D.C. have asked the law more of our students and discusses the group in terms reminiscent of more legal problem-oriented than those of easily place many school to encourage second and third year many activist organizations of the sixties their predecessors. with Washington, D.C. law offices." The size of the staff has been dictated Recent statistics from the Law School students interested in summer and which have moved from confrontation and controversial, speculative activities to a by the fact that only a handful of Placement Office indicate that an permanent jobs to forward resumes listed the in immediately. sophisticated inward-looking, Buffalo students Such firms are individuals at a time are permitted to visit increasing number of more approach to problems. obtain Jobs in the District of Columbia. Placement Office. the inmates, according to Mulloy, and The Placement Office sponsored the "On the whole,what we did was new these v i sits have themselves been Justice hired three 1976 graduates and the NLRB hired five graduates. With the help first of a planned series of simulated and provocative then," she said. "Here we authorized infrequently. The Project hopes at Tuesday showing interviews aimed of Professor Martin Lybecker many were, women, holding our protests and to convince the authorities to allow demanding the right to help our sisters who regular, monthly visits, and thus employ Buffalo students have been interviewing students how to interview without the trial with the SEC. Additional assistance from and error method. had been victimized by society but our more individuals in the group's work. U.B. Law Alumni Paul Weaver, hiring remedies were ameliorative as to the Members also hope to develop supportative law school alumni such as Judge Louis Buffalo law of partner firm Spector, David Jacobson, Howard Levine from the condition of the women rather than research services. A first step in this and Anthony Illardi has been useful. direction is a planned newsletter on Jaeckle, Fleishman & Mugel, "interviewed" fundamentally preventive." During the week of September 27 a recent U.B. law graduate, Henry Killeen. Organized efforts on a more basic level matters affecting female inmates. Carlisle will meet with hiring partners from Students observed the interviewingprocess But to make the newsletter a reality, appears to be the immediate goal of the approximately twenty New York City law and later participated in a question and staff. Mulloy feels that "as the site of our new staff members are needed. Regular Holding firms. Carlisle explained that "most of our answer period. the Center prison visitation is a concept that is yet to activities shifted from students do not come from the Western to the Alden Correctional Facility of Erie be approved by the authorities at the Carlisle will arrange additional New York area. Our students want to work County, where the inmates are mostly Alden Facility. "All in all," Mulloy in cities such as New York, Chicago, Los simulated interviews, he said. He recidivists, our emphasis moved towards an commented from the Project's fifth floor and third students year Philadelphia, encourages second Atlanta, Detroit, etc. Angeles, educational role. For example, last office, "everything seems to be temporarily It is essential that our faculty, staff and to attend as many of such interviews as February, several women went to the at a standstill. We've got a lot of plans, but alumni use and develop contacts in these possible. Announcementsof suchinterview Alden Facility and spent, the day giving we need commitment from staff and help areas so that employers understand that sessions and future job seminars will be inmates lectures on various aspects of from the authorities before we can do our graduates are just as good if not better posted on the bulletin board next to the criminal procedure, she said "We didn't anything. I guess we'll justhave to waitand other law schools." Placement Office. rmM of nr;idu<ilcs Ih.m give them counseling on their specific see." For Monroe Freedman, contrqversial and highly vocal dean of Hofstra Law School, ethics is a recurring subject. Last spring, Freedman spoke at SUNYAB Law School on the subject of lawyers'ethics. A longtime civil liberties advocate, Freedman has no qualms about voicing his opinions, no matter how unpopular they may be, a fact accounting for his notoriety in the legal profession. The Freedman lecture sparked lively - Carlisle seeks D.C. jobs - Women plan to visit prisons and assist female inmates - - - ' �September 23, 1976 OP IM lON 5 Staff interview Who's who behind registrar's third floor "wailing wall?" (Editors' note: SUNYAB Buffalo, law students are often unaware of who does what in the various offices composing the administration of the law school. Becky Mitchell has talked to some of the people who work behind the scenes in the registrar's office about what they can and can't do to help students.) — - by Becky Mitchell Room 304 is one of the more visible offices in O'Brian Hall. The large window along the south wall is so inviting that students are drawn to it as a sort of lost and found, information booth, wailing wall. In reality room 304 is the registrar's office. Charles Wallin, whose private office is 311, is head of the registrar's office and assistant to the dean. His duties include" working with the admissions committee to select students out of the approximately 2,400 who apply annually and taking care of their records once they'rehere. . . The admissions committee sets policy and Wallin carries it out by personally reviewing and screening all applications. He refers discretionary admissions to the committee for review and -compiles demographic statistics concerning the school's student population. Wallin is the man to see about problems with records,' transcripts scheduling or academic programming. He also does the paperwork for carrying out the law school budget. Barbara Van Eseltine has worked for the law school for twelve and a half years. Cut from the law school payroll as a result of budget cuts last summer, she *is now technically on the Equal Opportunity Center payroll on loan to the law school. . Her duties include running the magnetic card machine and the IBM terminal computer which processes drop/add and scheduling requests. Shealso handles general office dutiesand takes care of requests for application forms and catalogs. tentative plans to retire in January. Nelson sets up the files for the student records, which include acceptance cards, applications, deposit receipts, letters of reference and letters of recommendation from law school faculty. Along with the other secretaries, she prepares the blue books for examinations and extracts the grades after the exams are corrected. Warmly regarded by students as the Lily Nelson is the remaining member one person who can answer any answerable of the registrar's staff. She has worked for question, ]can Consiglio, located in room the law school for 15 years and has 312, is Wallin's secretary and assistant. Consiglio types minutes for faculty meetings and is secretary to the Alumni Association. She schedules rooms in O'Brian Hall, helps the secretaries m 304 with student records, exam processing, grade recording and lots of student inquiriesabout everything. Three secretaries staff the registrar's room 304 office. They are Cindy Halm, Barbara Van Eseltine and Lilly Nelson. As a result of a movement to centralize administrative departments on a university-wide basis, their duties are in a state of flux. The three used to handle registration, but now they mainly focus on record keeping. The universal complaint from the other side of the third floor window is interruptions. Visitors ask forinformation, students appear with questions and complaints and most incoming telephone calls are to that office. About 40 women were on hand for the Women's Law Society pot luck dinner Sept. 22, When she isn't dealing with hosted by society president, Hollis Hite. Prospective members heard about plans for interruptions, Cindy Halm takes care of 1976-77 school yearactivities which include volunteer work with legal aid in welfareand transcript requests and loan forms. She is social security hearings, and an educational program for high school students on student also unofficial telephone receptionist for and civil rights. The Women's Law Society also plans to publish a summary of the the entirelaw school, since most calls come conference on Women and the Law attended last spring in Philadelphia by women from SUNYAB Law School. in on her line. -photoby NancyMulloy • Women's Law Society holds supper . Sea Grant Fellows present environmental journal; look to increased funding, expansion by Kirn Hunter Government response to exploitation of off-shore oil and gas reserves, evolution of the public trust doctrine and government .control over coastline development are among the topics included in the newly-pußlished Sea Grant Law Journal, Volume 1. The journal at 400 pages the most voluminous law journal ever published at the BuffaloLaw School is the product of the school's two-year old Sea Grant. Program. "And it is the result of months of research and writing by the first group of Sea Grant Fellows from the Law School," said Prof. Robert Reis, director of the program. It was introduced last night at a reception in the law school held by Dean Thomas Headrick for Sea Grant Fellows and faculty directors. Don Squires and John Judd, executive director of Sea Grant wereon hand for the reception. "Articles included in the Journal are the actual papers that last year's program members produced on various topics in this area. The newly-published papers were conceived and written by last year's Fellows, but present members of the program did the laborious task of preparing and editing the material for publication, Reis explained. The Sea Grant Program at the law school is an outgrowth of the state-wide New York Sea GrantCollege, comprised of the whole SUNY system and Cornell University. Funding for the program is provided jointly by the State of New York and the Federal Government. Each of the ten or-so SUNYAB law - - students chosen every year to participate receives a $1400 stipend to support his or her research during the summer on a particular topic. Topics are generally selected by the students themselves and approved by Reis. year's project. The additional burden of producing and up-dating a bibliography of materials on environmental law and sea coast management has cut into research time, to the resentment of at least some Fellows, none of whom wished to be previous quoted. Most of the program members In the fall semester, all students in the Sea Grant Program enroll in a seminar with interviewed said, however, that they Reis and each student prepares a recognized a need for the bibliography and publishable paper based on the research background material, and have accepted material gatheredduring the summer. the work willingly. One Fellow reported The overall work on projects is done that he has nearly memorized the White basically by the students themselves with Book as a result of four months of some faculty supervision. Reis dislikes the cite-checking. (The "White Book" use of the term "supervision"; instead he published by Harvard University, is the describes the relation of program members handbook of rule and abbreviations to faculty as one between colleagues, required for proper citationsand references rather than one between student and in legal writing). teacher. Reis pointed out that there are reasons In addition to Reis, Professors Richard for the extra work load in this year's Bell and Milton Kaplan have also program. "First, the program is only two years contributed their time and efforts to the program and its members. old, and all the 'bugs' have not been eliminated from the system," he said. "In This yearSea Grant has nine members: addition, the bibliography was needed as a David Ascher, editor-in-chief of the research aid, and, in future, the only work program, Janice Barber, Anthony Bossone that will be done on it is up-dating of the and Allen Klein, article editors, and Bonnie references." Pushed up publication deadlines made Hager, Gary Newton, Catherine Niven, James Piggush and David Sheridan. Their completion of the work on the Sea Grant projects include case studies on municipal Journal imperative so that all the editing coastal zone management, an evaluation of had to be done during the summer. Reis hopes to avoid this problem in the use of administrative procedure in environmental litigation, and a study of the the future by stepping up the selection regulation acquisition process of the for the next group of Sea Grant on and law Fellows. Instead of waiting until late in the and development of coastal areas. There has been some dissatisfaction spring to begin selecting new members, the among Sea Grant Fellows over the amount program members and faculty hope to of time spent cite-checking and make applications for the grants available proofreading material prepared in the as soon as the Fall grades are in. If this is done, new members will be chosen earlier in the semester and therefore will be able to get the job of editing the papers from the Fall term for publication donebefore the Summer. In the past, the selection process has involved the examination of a student's whole record, consisting of a resume, writing sample, recommendations from faculty members and grades,by the present program members and the faculty advisors. Last year the Fellows reviewed the applications and made an initial selection of candidates for the grants who were then interviewed by the faculty members of the program. From the group that was interviewed, the 10 Fellows were selected. "A similar procedure will probably be used for this year's selection process," said Reis. The future of the Sea Grant Program looks promising to Reis. He hopes that publication of the journal will establish a reputation for the program throughout the state which could lead to increased contacts with the scientific and legal communities, which will in turn lead to increased funding and expansion of the program at some future date. Although overall reactions to the program are positive, some of this year's program members are worriedabout having time this semester to do theirresearch and write up their findings under the pressure of course work, jobs and extra-curricular obligations. But in times when money and summer jobs are hard to come by, the Sea Grant Program is inviting in spite of the work load and students who participated this year are not worried about recruiting successors. �September 23,1976 OPINION 6 UB Grad Legal Aid lawyer joins clinic by Sharon Osgood New to the staff of the Law School Clinic program this year, Stephen Lacher b r i ngs to that program significant experience with legal aid practice as well as teaching background. For the past three years Lacher, as staff attorney of the Orleans County Legal Aid Bureau, has worked with a wide variety of criminal and family problems for the financially needy of that rural county. He has supplemented that experience with part-time instructional work with inmates at Attica Correctional Facility through the Genesee Community College Inmate Education Program. During a leave of absence as a student from the University of Buffalo School of Law, Lacher taught Junior and Senior High School Social Studies. He states that he has never lost his enthusiasm for teaching, and is very excited about this opportunity to combine the two fields. Lacher has high praise for the Clinic program. He sees the Clinic as a major improvement in resources within the school since he graduated from here in May, 1973. He said the Clinic program is already very strong, but his excitement about the program is encouraged by what he sees as a definite policy of the Law School to strengthen the program evep further, making it into one of the best in the state. He is eager to be a part of the force that will be shaping the program. Lacher will directly supervise six students in the Correctional Law Clinic, an area of chief interest for him. He notes that the program provides students with exposure to a type of client they do not ordinarily meet. He is also involved with the Juvenile and Education Law Clinic. The aim of all the Clinic programsis to provide students experience in applying practical skills. The program begins with several weeks of lecture, including guest speakers, but quickly the students become involved with interviewing, participating in hearings and working as advocates. Lacher was pleased that nearly all students signed up for the Clinic program were able to be assigned to their preferred areas of interest. As he faced college graduation in 1967 from Syracuse University, Lacher states that his life goals were ill-defined. He knew he wanted a professional career, and was seriously considering medicine or a career in his major area, Economics. He took the Law School Admission Test as a lark, and finding that he had donewell, decided that - Frank Carroll a law school education would be a healthy, on-the-job experience after he had become a lawyer. Lacher, a we 11-developed individualist, knew he was not very After one year of law school he was interested in a traditional law firm setting, forced to consider the quality of his nor was he eager for urban living. draftable status. He chose to enter what Preferring not to become lost in the shuffle was then a deferrable vocation, teaching, of a large city practice, Lacher decided fearing, however, that he might never instead on a setting thatwould provide him return to law school. However, in 1971 autonomy and control over the issues he Lacher did return to the University of would pursue. The Legal Aid Office availed Buffalo tocomplete his J.D. degree. him of experience, he feels, that he would His interest in Legal Aid resulted from not have gained elsewhere. mind-expanding experience. Guild offers alternative summer jobs, projects by Ron Eskin Every Summer selected law students from across the country are granted alternatives to the dreary docket-searching and title-snooping fate which awaits most of us. Instead of growing pallid in the corners of nameless county halls, these people are availed the opportunity to see law as it operates in the searching light of real life. The alternative opportunities come from The National Lawyer's Guild. The Guild sponsors projects to work with immigrants, police brutality problems, farm labor hassles, utility company abuses, housing and shelter concerns, and so on. ' SUNYAB law student joeBaiter spent the summer in New York City with the immigration project. Dealing primarily with people who lacked the proper "papers," Baiter witnessed the law's effect on those most vulnerable to it, the stranger Vio is almost totally unfamiliar with how to get by in America. "I saw a good example of how lawcan be used as a tool of political oppression. E I The people I dealt with were being blocked from immigrating due to inumerable technicalities," explained Baiter, a second-year student. Funded by contributions from private foundations and Guild members, the summer project provides a minimum-wage salary and usually, free room and board in return for a summer of legal work. Since 1971, Students at the Buffalo Law School have maintained a chapter of the National Lawyer's Guild. On the national level, the Guild has almost 5,000 members lawyers, law students, and legal workers. It has publicly declared itself to be an organization of people opposed to the forces of capitalism. Established in the heyday of the New Deal, the National Lawyers' Guild was promoted as a liberal attorneys alternative to the American Bar Association. Guild attorneys became active in labor cases and later, when the House Unamerican Activities Committee and Senator Joseph McCarthy were attacking the members of the American Left, Guild attorneys led — I J ■ DOWN 1 2. 3. 4. 5* 6. 7 Che«r Supplement violation of excepted norms of social conduct send Post, To make void French article A measure of your egotism ithow often you say this word Punishment for (plural) and retention program. The National Lawyers' Guild arid the Buffalo Chapter of the Guild do not restrict their activities for social change to the legal area. In Buffalo the Guild has worked with Women's Studies College, the Black American Law Students Association, the Graduate Student Employees Union * and numerous other groups to resist SUNY cutbacks, it worked with citizens groups, political organizations, and members of the media in launching a public campaign to stop the passage of Senate Bill Number One. On the legal side, the bulk of the efforts by the Buffalo Chapter of the Guild last year, were channelled into a prison condition suit involving the Erie County Detention Facility. This year's plans include promoting desegregation of the communities in thisregion. 28. Vlsta;view 22. Designates 36. County Prosecutor (abbreviation) 39. What law school sometimes makes us 24. An imposing and collecting of a tax 27. 20th Century English poet (first Initial, last 42. Indefinite article 43. Same as45 across 47. Chemistry symbol for argon 29. Cravat 30. First name of a criminal Law professor at UB ACROSS Metropolis 89. Newt 15. Beginning 17. Ethereal IS. Honey 19. Contained in an accusation or The membership supported reinstatement of the State'; University' Scholarships, and serious efforts by the faculty and adminstration to develop a coherent and effective minority admissions Legal Crosstics UIN n » .55 much of the defense. More recently, Guild lawyers have represented Joanne Little, Angela Davis, several Black Panthers, and countlessother political defendants. The impetus for a chapter of the National Lawyers' Guild developed in Buffalo following the Attica insurrection in 1971. Buffalo became the focus of national attention, and attorneys from across the country poured into the city. Professor Haywood Burns, a noted trial attorney and a Guild member, joined the faculty of the SUNYAB Law School during this period. Several Lawyers' Guild members at the Law School assisted in the Attica defense, and for three consecutive years, the Guild sponsored Summer projects in the Buffalo area. More recently, the Lawyers' Guild took positions against cutbacks by the State University system, particularly as they affected minority students. The Guild posited that the form which the cutbacks took posed a serious threat to poor and working people who were seeking an education. 1. Indictment 20. A beverage of wine and* honey drunk by the Ancient Greeks; poetic, strong speech, etc. 23. The condition legally owningand possessing realty 4. 10. 11. 12. 13. 14. 15. 16. ■ The subfect matter of actions that are primarily In rem Intent Alias (abbreviation) A collection of anecdotes Provided Pullet Contained or enclosed by Mcl Slander, defamation; false prosecution or accusation fee simple: "and his. 33. Zinc (chemistry symbol) 34. "As this corporation goes, so goes the country" 35. Transmit 37. cummings 38. To limit the Inheritance of property to a specific line of heirs. 41. An oral defamatoryremark 44. French article 45. Nix 46. University of Connecticut Answers In next Issue. �OPINION September 23, 1976 7 Spring and summer grading report FIRST YEAR H* Property Blumberg 5 Greiner Reis Const. Law I Newhouse Albert Mann Anti-Trusts Gifford Judicial Process Schlegel . Fund, of Municipal Law Kaplan Legislation Lindgren Law & Medicine Hyman D Q Inc. F 1 16 12 22 58 84 50 6 13 6 1 1 1 2 5 24 8 15 88 55 46 11 16 9 1 -2 52 109 1 - Research & Writing Hollinger H --- _ , 7 9 7 13 - 8 ,124 81 75 164 - 16 1 1 20 Coll. Barg. in Gov't. Newhouse Collective Bargianing Atleson Conflict of Laws Bell Mann ,,. 'Public Int'l Law . 1 1 •Cirminal Procedure I - * Evidence Birzon 1 Leary Estate Planning Mugel 21 54 11 45 16 36 17 16 4 16 - .,...* ■'■■ .13 - ' 3 37 ■ 22 86 14 130 10 28 39 69 Law * Labor Kochery 51 74 1 27 68 10 New York Practice Commercial Trans. II Spanogle 21 203 6 7 40 5 5 14 39 6 1 5 38 Securities Regulation Lybecker Trial Technique Staff �Data Banks & Privacy McCarty •Civil Procedure II 3 37 54 - - - ' 5 10 Schlegel .- ■■ ~ 1 39 3 5 9 1 3 5 1 9 20 5 3 5 11 7 6 - 18 22 1 10 33 Women & the Law Counseling Small Business. Zimmerman . Law in the English & Amer. Revolution Gordon Business Planning Lybecker Simulated Law Firm - Magavern Kaplan Lawyer-Client Clinic Inc. F 62 2 7 . Tot. ' 16 9 3 40 -, 12 17 ~ 40 *Persp. in the Criminal Process R. Schwartz/Hosticka 8 12. 1 1 9 1 5 4 Desmond Internal Union Democracy Allcson 25 Lindgren -.. Galahter 67 86 153' - Formal Mod. & Methods in the Legal Process 45 1 Slate & Local Tax & Finance Greiner Federal Tax I Del Cotto 1 53 Const. Law II Newhouse - 62 Gratuitous Transfers - - 41 21 67 12 Debtors Rights Girth - - 21 44 12 1 ■ - 19 4 11 •15 6 4 3 14 5 .. 3 I .. 13 4 .1 , 9 1 11 - 24 1 4 _ New York Practice New York Administrative Law Gifford Civil Procedure II Kocher „ 5 9 T 19 7 28 9 20 3 32 16 t , 17 11 16 , 9 18 3 29 1 Public Policy Formation Thomas HAVE NOT RECEIVED GRADES YET!! 100 Mentallllness&the Criminal Law Allen- 16 1 111 79 6 13 _ Homburger 39 1 - ' 6 - Joyce 134 2 5 1 250 - 4 1 Bankruptcy Reorganization - 48 10 3 - Philosophy of Law 18 1 7- Banking Regulation Spanogle Problems in Philosophy ofLaw Franklin 20 2 - McCarty Girth - 3 Problems of Environ. Quality Reis Bell 94 13 155 105 Criminal Procedure II Allen ' 18 Social Legislation Albert 126 70 Kochery 2 Implem. of Legal Policy 21 .,,, *, ', ■ 4 10 106 *Commercial Trans. I 57 52 36 Homburger D Appellate Practice 89 14 Gratuitous Transfers Joyce Q Amer. Legal History 12 Federal Tax I! H SEMINARS Family Law Swart.2, H« Staff UPPERCLASSELECTIVES (* denotes courses open-to first-year students.) •Administrative Law Gifford *Law & Social Change Galanter Blumberg -15 .269 .6 86 HO 80 2 -'96 - Tot. 1 29 1 28 HAVE NOT RECEIVED GRADES YET!! ■ ..'.'.!*:■ n 36 ■ ■•.■.,■■• �Headrick . from page 1 .. On the question oi the discretionary admission program, the Dean's position is essentially that the school must consider factors other than grades and LSAT Scores when admitting students but he noted that he was not fully cognizant of the procedures in use at Buffalo. Headrick views SUNYAB Law School, the only State-supported Law School, as having two general responsibilities which should determine its admission policies: "One is to. provide certain kinds of opportunities that might be unobtainable elsewhere to certain segments of society, but, secondly, the school has a responsibility to produce the best people possible for the legal profession, and those two goals are sometimes in conflict." Because he has not fully examined ■ how the admissions process at Buffalo works, he had no comment on the question of numbers or percentages in relation to discretionary admissions. The Dean recognized the problem of the qualified student who falls under the discretionary admissions program but opts to attend another Law School because Buffalo cannot offer sufficient financial aid or other >«. assistance. He said that, "although it is hoped that more money can be made available, at this time many private and governmental sources of funds are disappearing. The school may be able to* tap some new sources of support in the future, but the immediate outlook is pessimistic." To a suggestion of changing the present H/Q grading system to another form of indicating student performance, the Dean remarked that the present method "does a reasonable job of informing students about the quality of their work and does distinguish the strong student from one who is not quite as strong. Basically, there is little that could be gained by tampering with the present procedure," he added. Dean Headrick was informed of student complaints about course availability and registration problems and was presented with the suggestion that many students would like to be able to plan a coherent schedule covering their last two years of school and be reasonably assured that they would be registered in courses they needed. "For now," ,he said, "the Law School is working to organize course planning on a year-by-year basis rather than on a semester-bysemester basis, and, in light of the problems encountered in the Spring of 1976 with registration, the administration will attempt to look further ahead in their planning." order "In AD INFORMATION " to implement improved procedures, the jurisdiction of the Budget and Program Review Committee was restructured so it can give more attention to course offerings and related problems," the Dean said. Headrick commented on another area of recent student concern library facilities. He said that the basic problem is one of funds for acquisitions. Noting that some outside money might be available for instance a campaign lasl springbrought in a "very gratifying" amount of money Headrick said that funding is still far short of the school's needs. He expressed optimism about future library funding and the hope that acquisitions would be sufficient to meet the immediate needs of the students and faculty. Headrick remarked that another library problem, overcrowding created by the influx of students from other colleges of the university to the law library, could not be alleviated until a new university library is opened on the Amherst campus. "Barring other students from the law library could set up barriers between law and other colleges and would work to the disadvantage of the law college", the Dean said. Questioned about increased input into student faculty/administration decision making processes, Dean Headrick said he would like to become familiar with the present system of student participation before he suggests any changes. The Dean stated that for the present he thinks the existing arrangements "give fairly extensive student input into key adminstrative processes." - SMfw>" ■"•<"»"'■ "'"">'■ by phon.at 630-2107. are to appear. The Student Bar Association will hold elections for 12 student offices Oct. 13 and 14. They include six First Year Directors; two Third Year Directors; three members of the Student-Faculty Relations Board; and Second Vice-Presidentof SBA First and Third Year Directors represent their respective classes in the SBA. They attend weekly meetings to discuss and act upon issues of general concern to the student body and represent student interests before the administration and faculty. The Second Vice-President is primarily responsible for coordination of SBA activities with other student governments of the University, and representation of the SBA on various University-wide committees. The Student-Faculty Relations Board is the primary body for determination of grievances at the Law School. Three student members and three faculty members meet as a judicial panel to decide matters of grading, student conduct and ethics. To appear on the ballot for any of these offices, students must submit petitions on forms which will be available at the-SBA office at noon Sept. 24. Petition requirements are: First Year Directors Petitions must bear the signatures of forty-eight (48) currently-enrolled first year students. Third Year Directors Petitions must bear the signatures of: twenty-four (24) first year students; twenty-eight (28) second year students; and twenty-six (26) third yearstudents; Second Vice President Petitions must bear the signatures of fifty-two (52) currently enrolled third year students; Petitions msut Student-Faculty Relations Board bear the signatures of nineteen (19) first year students; twenty-two (22) second year students;and twenty (20) third yearstudents. All petiitons must be returned to the SBA office by 5:00 p.m. on October 5. - - - _ . ANYONE INTERESTED In playing 4-wall squash please call Dean WANT ADS may not discriminate on 838-2959 \ ANY basts. The Opinion reserves the delete any SK(S FQR SALE Head 320 wi*h right to edit or discriminatory wordings In ads. Cubco Dlndmgs 205 cm for $30 Metal-Fiberglass 207 cm for $30. WANTED Contact Jim Paris In Room C321 In ANYONE INTERESTED establishing car pool from West Side of pOR pR^E Buffalo call Rob, Ist year, section 1, 684-4399. KITTENS FREE to good home. All ~ sexes; grey 'n white striped; RIDE/CARPOOL from Kenmore area tollet-tralned. Donna 835-1809. to Amherst campus, contact Lynn ' * About 60 students and faculty members turned out for sunshine, Softball and beer at the SBA's picnic Sunday at Ellicott Creek Park — Connie Farley -Bob! Citronberg I IN BRIEF 632-2707 or John Simson 833-4453. NO RATE will be chargedfor ads. Students play and Picnic on SBA — ssssssss g^ss* ' they SBA elections coming up Oct. 13 & 14 - CLASSIFIEDS York 14260 or September 23,1976 OPINION 8 SUSTA Law students who qualify for the new State Un iversity Supplemental Tuition' Award (SUSTA) will definitely get $725 toward their first-semester tuition, but when they will get it is still uncertain. The SUNYAB Financial Aid Committee has officiallyapproved a plan proposed by Financial Aid Director Joseph- Stillwell, allocating the funds available on a percentage basis to alt students who qualify for the maximum state-adminstered. Tuition Assistance Program (TAP). However, Stillwell said late last week that his office is still wailina for a roster from Albany of Further information will be students who will be getting TAP. made available if there are enough sign ups. Softball League The Opinion would like to sponsor a 4-person half court, Student Loans & Bankruptcy very informal, basketball league. The House of 'Representatives A sign up sheet will be posted on recently passed a bill designed to the SBA bulletin todya. Students, prevent student borrowers of faculty, staff, and their friends are federally insured loans (including eligible. NYHEAC and NDSL) from Each team will consist of six discharging their debt under the persons individuals or groups as Federal Bankruptcy Act. The bill large as six may sign up. Groups would provide that the of less than six will be paired with educational loan could not be discharged in a bankruptcy other groups at random. Results and standings will be proceeding begun during the first printed in the Opinion five years of the repayment The League will enri hu period. The bill is presently being Thanksgiving and teams win play examined by a House-Senate )oint only once per week at the Bubble Committee, and if approved will. (at most twice) to allow for ' be forwarded to President Ford studying. for ratification or veto. — ' ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-09-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/23/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3bf402203aad6b1ef669b0025d8b1757.pdf 7a1744ce5853ed93638215ce1acdcab0 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17, Number 3 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 October 7,1976 State University of New York at Buffalo Faculty of Law and Jurisprudence Long range plans closer Dissention among SBA directors Boyer takes position as NAACP funding sparks schism Jan new Associate Dean by by Bob Selcor Dean Thomas Headrick announced Friday that Associate Professor Barry Boyer has been selected to replace Associate Dean Robert Fleming, who left Buffalo to become dean of the new law school at Pace University. Since Boyer presently has a full teaching load and is directing a research project for the Administrative Conference on the rule making powers of the Federal Trade Commission, Professor William Greiner wil I share responsibilities of the office for a one-year term. In addition to these two new appointments, Professor Wade Newhouse was chosen as Associate Dean in charge of the library earlier this month, bringing the number of associate deans at the law school this year to three. Boyer graduated from the University of Michigan School of Law in 1969 and then clerked for Judge Edward A. Tamm of the United States Court of Appeals for the District of Columbia Circuit. He has also served as advisor to Commissioner Mary Gardiner Jones of the Federal Trade Commission, attorney to the AdministrativeOffice of Legal Counsel of the United States Department of Justice and consultant to the American Bar Association. Boyer has been at SUNYAB Law School since 1973 and has served as chairman of the Committee on Long-Range Planning as well as serving on many other committees. New AssociateDean Barry Boyer. Initially, Boyer will be primarily responsible for curriculum planning, teaching assignments, course offerings and scheduling. For this semester, Greiner's duties will include handling student academic problems, counseling and advising the registrar on handling student academic questions, assisting in the preparation of budget and planning documents, and representing the law school in university matters. Beg inning next semester, Greiner will shift more responsibility to Boyer so that over the course of the year Boyer will have full charge of the position. Next year, Boyer will handle a wider range of administrative tasks, although he will also continue in his teaching and writing duties. Hon. Charles S. Desmond, former Court of Appeals Chief Judge introduced this year's problem for the annual moot court competition that bears his name Tuesday. Receiving a copy of the problem is second-year student TomStahr. The moot court teams now have about a month to prepare their 15-page briefs, with oral photo by Bob Citronberg arguments set for November. - Barber A proposed donation of $200 in student funds to the National Association for the Advancement of Colored People (NAACP) has caused a ruckus in the Law School student government over what is proper spending of money raised through mandatory student activity fees. By a bare majority, the Board of Directors of the Student Bar Association <SBA) voted Sept. 21 to give the money to the NAACP's legal defense fund for an appeal bond in a Mississippi state court case. However, there was some doubt at press time whether the NAACP would see any of the money because the necessary requisition form and sufficient demonstration of the purposes of the contribution have not been given to the University Main Campus administration and it was unclear whether proponents of the donation would be able to push through an alternative plan for giving the $200 to the NAACP at Tuesday's meeting. State-wide State University guidelines require that money from mandatory student fees be spent on educational purposes which serve the university community. The NAACP originally had until Oct. 1 to raise $1.5 million to appeal a decision in Mississippi which awarded damages to white merchants who were the target of an economic boycott by the NAACP and other civil rights groups in the late 19605. But a federal court issued a restraining order over the weekend giving the NAACP an extra week to raise the money. Paul Lukin, SBA treasurer, said he did not pass the requisition form for the money on to Student Affairs because neither SBA President Barry Fertel nor the SBA directors who supported the contribution provided sufficient documentation. Lukin opposed the allocation. Fertel said Sunday, that with an extra week, proponents of the donation may be able to come up with a better justification. For example, the SBA could bring in a speaker on the suit to accept a $200 honorarium for donation to the NAACP, he said. But Lukin said Sunday that he was not sure whether he would agree to sign such an allocation, even though Student Affairs officials have privately told him that they would probably allow the SBA to allocate funds if they were for a speaker or to "buy" copies of legal papers in connection with the suit rather than for a flat donation. "If 1 felt it was a sham transaction, I might not sign it" (even if a majority of the SBA directors approved M) Lukin said. He noted thatSBA members who favor the allocation could try to get it through without his signature by going to Student Affairs themselves or by bonding some other SBA member to sign. The Sept. 21 vote to allocate the money to the NAACP was 6 to 5. Those supporting the motion were: John Yuhas, Monica Dodd, Vikki Edwards, Alice Mann and Tom Murphy, and Jim Essenson. Those opposed were Bob Citronberg, Mark Moretti, Alan Gerstman and Michael Kaye. Yuhas made the motion to allocate and Mann seconded it. Yuhas could not be reached for comment. Mann, explaining her vote, said, in part: "The fact that an organization that is non-profit has to put up $1.25 million bond to appeal is absolutely outrageous and doesn't seem Constitutional. The objections that seem to be going on around here are that this is a political issue. But every issue is political. The law school students here try to remove themselves from outside and would spend their money on parties thousands of dollars go to the parties and then some SBA directors find it objectionable to spend money on present problems thataffect us all outsideof thelaw school." SBA Secretary Citronberg, who opposed the allocation, said in an interview: "I thinkwhat this boils down to is the state forcing students to make a political donation to a non-student activity since fees used to fund the donation are mandatory fees.'' Gtronberg said he supported the NAACP's cause, but not SBA funding of it. SBA Director Kaye, who,voted against, said: "I voted against it because I didn't think it was a responsibility of SBA to allocate funds to an organization that doesn't benefit the students When I saw the NAACP getting $200 that could have been allocated to a student organization it irritates me. I think people who voted for it — — .. Schlesinger speaks on foreign justice systems continued on page 8 Author Rudolph Schlesinger, one of the foremost American authorities on European criminal justice systems, will deliver the annual Mitchell Lecture at the SUNYAB Law School next Thursday, Oct. 14 at 8 p.m. in the Moot Court Room. In his prepared lecture titled I'Comparative Criminal Procedure: A Plea for Utilizing Foreign Experience," SchSesmger will argue why the U.S. should adopt several European methods for handling criminal trials. Schlesinger is currently a professor of law at the University of California's Hastings College of Law and emeritus professor of international and comparative law at Cornell University Law School. Schlesinger is the author of "Comparative Law Cases, Text — and Materials," the first text in the field published in the U.S. and now the most widely-used in English-speaking countries. In addition, he has authored "Formation of Contracts A Study of the Common Core of Legal Systems." This two-volume work was hailed as the first successful attempt to investigate the areas of agreement among the world's major legal systems. — Ralph Schlesinger Numerous other books and articles by Schlesinger have been published in Great Britain, Switzerland, Germany, France, Italy andLatin America. A question and answer seminar pertaining to the lecture is scheduled for Friday, Oct. 15 from 10 a.m. to 12 noon in the Moot Court Room. Former Dean Richard Schwartz wilt chair the Schlesinger seminar, which is open to all interested faculty and students. Professor Schlesinger will also lecture in Professor Kane's Conflict of Laws class Friday from 2 p.m. to 3 p.m. in Room 108. Faculty and students are invited to attend. �Volume 17, No. 3 OPINION Editors: Cornelia Farley Tanis Reid Louise Tarantino Business Manager: Steve Errante Photo Editor: Nancy Mulloy October 7,1976 Staff: Bob Anderson, John Arpey,J an Barber, Andy Cosentino, Maria Mossaides, Kirn Hunter, Bob Selcov, Jean Graziani, Becky Mitchell, David Munro, John Privitera, John Simson, Sharon Osgood, Ted Firetog, Joel Hackett, Dean Silvers, Patrick Stellato. Contributors: Jeff Granat,Kathleen Niven, Kastle Brill Photographers: Frank Carroll, Bob Citronberg Copyright 1976, OPINION, SBA. Any republication of materials herein isstrictly prohibited without the express written consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the STate University of New York at Buffalo School of Law, |ohn Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, Third class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition: University Press at Buffalo. The President's Corner by Barry R. Fertel As president of the Student Bar Association, I have been presented with the opportunity to become familiar with the various organizations and groups which have a direct impact on the students here at the law school. 'The group thathas shown itself to have the keenest interest in the welfare of the law school and its students is the alumni of the school. Since last March I have been regularly attending the monthly meetings of the alumni association, and the sincere dedication of the alumni to the law school and its students has been extremely gratifying. " though I am in strong disagreement with many of the views presented at these meetings, this strong Even desire on the part of the alumni to promote as-much good will for the school as they can is appreciated. The alumni have placed major emphasis on the procurement of employment for the law 'school's graduates. Thus, the law school's alumni have been quite helpful in offering advice to students interested in particular areas of the law. One of the goals of the SBA this year is to enhance the relationship between alumni and students by increasing the interaction between the two groups. If this law school is ever to acquire a national reputation, it must have the staunch support of its alumni. Regrettably, the group which I feel lies at the other end of the spectrum in terms of demonstrating an interest in the future of the school's students is the faculty. Of course, the majority of the* faculty are deeply concerned about the students, but it is the obligation of the entire faculty to serve the best interests of their students. There are several faculty members who convey an impression of aloofness and even elitism. The lack of participation by the faculty in the variousSBA sponsored social Law Symposium events contributes to this view held by many students. For example, only thepean and one member of the faculty attended the SBA picnic, causing many first (year students to believe that their teachers have little regard for them. The teachers of this school have a long established record of failurewith respect to meeting the true needs of their students. Several professors have practiced law in firms and government agencies, yet they have been reluctant to aid the school's graduates in obtainingemployment. Another attitude which is pervasive among the faculty is that of placing their research goals above the needs of the students. As an example, one professor suggested that funds allocated to the Law Review could be better spent for student assistants who aid faculty in theirresearch. Query: Would the final article which results from this student's work be published in the Buffalo Law Review or in a more "reputable" publication? How does an objective observer view a school thathas faculty who refuse to publish their works in that law school p s law review? As professors of law, it is the primary obligation of the faculty to serve the needs of their students and not themselves. NAACP Contribution Questioned To the Editors: On Tuesday, Sept. 21, the Student Bar Association voted by a 6-5 margin to give $200 of student funds to the National Association for the Advancement of Colored People as a contribution to that organization's national fund-raising campaign. The funds are to be used for an appeal bond of over one million dollars in a State of Mississippi court case. Although the purposes and goals of the NAACP are, to the minds of most students at the Law School, laudable and worthy of the support of all students, it must be remembered that the NAACP is basically a political action organization, and that State University guidelines for the disbursement of student activities funds prohibit the Student Bar Association from giving to ANY political organization. At the September 21st meeting, proponents of the NAACP contribution commented that therecipient of student largesseis in fact a charitable organization. Even if the NAACP does carry out acts of charity the fact remains that the measure passed by the law student government specified that the contribution was to be spent for the appeal bond in the Mississippi courts. That case is an appeal of a judgment of over one million dollars arising from a 1960's NAACP byocott of Mississippi merchants who practiced racial discrimination. The boycott was a political measure, and the appeal taken is in furtherance of the political aims of that boycott. Thus, SBA funds were given to further the political and not the charitable ends of the NAACP. This is a gross violation, of state regulations. Those regulations were established in 1972 to answer the protests of students throughout the SUNY system who found themselves paying mandatory student fees only to further political parties and ideologies with which they disagreed. It is in fact a measure to protect the free speech interests of the minority, regardless of their position. The measure is reasonable and based upon similar provisions in State and Federal election laws which allow corporations and labor unions to expend only voluntary contributions for political campaigns. Mandatory fees, like corporate profits and union check-offs, should never be allowed to be used in the support of partisan political interests. Every SBA director owes a duty to the student body to spend mandatory fees for the benefit of the taxed students, and in keeping with the laws and regulations rightly imposed by the State of New York. When directors fail in that duty they must be made accountable to the student body, either .through exercise of the recall or byrequiring each responsible SBA director and officer to reimburse the student treasury for illegally expe/ided. funds. Bob Ciirdnberg Secretary, SBA PaulLukin Treasurer,SBA AlanDiebold Gerstman Third YearDirector Michael Kaye Third YearDirector On Second Thought — Oct. 16 , Letters to the Editors ... Mark Moretti Second YearDirector My attitude toward the faculty may appear a bit too negative, but it is preferable to overstate than understate the situation. The professors of this school are To the Editors: welcome to rebut what I have written, and demonstrate to their students where I have of the signers of the letter in today's issue objecting to the $200 I am one erred in my presentation by showing where contribution to the NAACP appeal bond fund. However, must take exception to thelast I the needs of the students have been paragrpah of thatletter which suggests that the Directors who voted for the contribution addressed. berecalled or be personally responsible for reimbursement of the funds. hope would the teachers In any case, I of this school will respond favorably by I must apologize for neglecting to give the letter a careful reading before signing it, showing a greater interest in the law but I would like to reiterate my support for the general objections expressed therein. school's students. After all, without the Sincerely, students there would be no faculty, no MichaelKaye administration and of course, no law Third YearDirector school. What's an SBA? The Fund for Modern Courts, a Ford Foundation project, will sponsor a legal symposium Saturday, October 16 from 9 a.m. to 3:30 p.m. at the Statler Hilton Hotel in Buffalo. The day-long event, entitled "The Citizen and the Law" will feature four simultaneous workshops conducted by area attorneys. Professor Herman Schwartz of SUNYAB Law School will moderate a discussion of Bail,"; Family Court Judge Nannette Dembitz will lead a workshop on "Family Court," Buffalo attorney Frank Offerman will direct a panel on "Selection of Judges," and Professor Betty Friedlander of Cornell University Law School will lead a discussion of "Victirnless Crime." In addition to the moderators, the workshops will be composed of panelists with expertise in therespective areas of discussion. The symposium is open to the public, and the registration fee, is $1.00, with an additional charge of $2.50 for a box lunch. Tickets are available until October 1Q from Judy Metzger at 190 Deerhurst Park, Kenmore, N.Y., or at the door on the day of the conference. ' October 7, 1976 OPINION 2 . , , . To the Editors: The SBA elections appear to first-year students as a futile stylistic exercise, devoid of substantive participatory democracy; candidates for first-year Directors have little or no idea of what the post is; the voters have even less understanding of the SBA; most have the impression, given by the SBA's leadership, that more esoteric pursuits studying, or guzzling beer deserve far more consideration. ™} ue Judgment-may be valid, but most first-year this finding for themselves. My objection isn't tied to students would prefer making funding imbroglio; sympathetic though was don't know enough about the.NAACP that situation to have an opinion. What know is that first-year students haven't been told enough about anything the SBA is doing or can-do. I'm surprised the leadership cares so little for the substance of representative government and is satisfied with formal procedures which just don't do the |ob. I hope this will change. - - va' I I I Respectfully, i Andrew/. Cosentlno �October 7,1976 OPINION To theEditors: 3 WideWorldof Torts I write this letter in the hope that it will express my views on what I believe to be serious problems within yourStudent Bar Association. It has been clear since my association with the SBA that my philosophies are considerably different from those of most other members of that group. felt that was I I entrusted to cast my vote in the manner thatwould effectuate what I perceived to be the wishesof the great majority of students at this school. Unfortunately, thishas proved to be a frustrating experience. I have consistently been outvoted on most major issues, issues which I believe central to the concept of representative student government. The SBA has allocated student funds for meals for student representative*, and wall plaques for student representatives. It has allowed student groups to .misuse student funds, even allowing one student group to go to another group's national convention because its own convention was cancelled. It has seen fit to attempt to donate $200 to a political organization, in clear violation of this state's expenditure guidelines. It has also refused to approve a resolution banning further such expenditures, a resolution which wouldreaffirm the SBA's duty under state law. Meanwhile, the SBA has cut allocations to the student newspaper, and social functions,activities which serveall students. An attempt to allow a student referendum on mandatory fees during the upcoming elections, when most students would vote,was tabled on 9/28, because some members felt: 1) some "troublemakers" had stirred up the student body concerning the SBA's allocation policies, and 2) the students wouldbe unable to receive enough information to vote. This last item was utilized despite the fact that sufficient information could have been distributed through various sources. It is clear that the SBA seeks to perpetuate its own existence. Hopefully (should the SBA finally decide to allow it) you will be permitted to vote on whether to continue your support through the mandatory fee. When that timecomes, I urge you to consider the issue carefully. Bob Cltronberg ExecutiveSecretary, SBA On Point Jaworski visit disappointing (Ed. note: forrelated story, see page 5) by Dean Silvers Leon Jaworski's Sept. 24 visit to the Law School had been eagerly awaited,and the anticipation increased when he did not appear at the scheduled 3 p.m. starting time. The absence caused by his delay was amply filled by Professor Michael Tigar, who discussed some of the more provocative aspects of the Watergate Investigating Tsam. The scene was set. It was as if the back-up band was on stage; and the crowd reacted with anxious consideration while they eagerly awaited the coming of the main act In addition, Jaworski exhibited the And then it happened. Suddenly and dramatically, as if it was set up by Bill unique quality of being both "cool" and Graham himself, the main act appeared like "luke-warm" at the same time. Such an a flash from the side, out of view until the attitude and demeanor was not something very moment he reached the podium. The one would have expected. Passionate and provocative questions would be fired at crowd went wild with adulation. One of the few heros (which Americans Jaworski, and he would dodge them with so desperately need) to surface from the the greatest of ease. Watergate quagmire had arrived. The This frustrating situation reached its valiant knight in shining armour, a heretic apex when one woman asked a pertinent King question Richard's here. Court, from. was about amnesty and the There was triumph in the air, and the presidential pardon. American spirit shone as brightly as the "How can I honestly explain to my children the rationale behind pardoning flag pin on Mr. Jaworski's lapel itself. Yet as has been the case ever since I saw Nixon, while tens of thousands of fellow my father exchanging 25 cents for the Americans are not pardoned, and are not tooth underneath my pillow, I discovered allowed back home, due to their moral once again the harsh world of beliefs, a more nobler cause, in evading the disillusionment and reality. Perhaps the draft for the immoral war in Indo-China?" lesson learned from Jaworski would read asked the woman. something like, "Prestigious government To which Jaworski merely remarked lawyers never grow old, they just grow that he had nothing to do with this indifferent" situation, and he declined to comment Sir Leon came not to discuss various further. When asked about this same topic, the aspects of an event unique in its implications for America, in which he pardon, seconds later, he had much to say. played an integral role. Rather, he came to Why the change? In this instance he was defend his "good name" against a defendinghis country. He attempted to prove that Ford did non-favorablereview of hisnew book. What I am speaking in regard to is the not "make a deal" with Nixon to pardon review of Jaworski's new book, The Right him. Jaworski asserted that Nixon and the Power in the Sunday New York contacted him indirectly, and that Nixon Times Book Review Section, September was sobbing, begging to be let off the 19,1976, by Seymour Hersh. In thisarticle hook. Jaworski then stipulated that this Mr. Hersh ably criticized Jaworski'sbook. sick man cduld not have possibly already It is quite obvious after reading the made a deal with Ford and still react as he review that Jaworski's talk was nothing but did. But to say an insane man would act in a a direct point by point defense against Mr. Hersh's article. Now one can understand sane manner, as Jaworski asserted, is a contradiction in terms. Insanity holds no Mr. Jaworski'sanger at such an article, but to speak solely in retaliation to thisreview rationale (check Woodward and Bernstein's (without ever referring to this fact) is The Final Days for further verification of highly inconsiderate to the audience at this fact). For Jaworski to use that as a large. means for defending the case of Ford not . .. by Simson on jobs, John Simson too question is when! Two members of last year's nlflis are now doing "Import-Export" work for the largest firm in Colombia, Skag,. Coke, Spam, Spam, Tomato and Spam. Another alumnus is allegedly responsible for causing the Arab Oil Embargo just three short years ago, Note: These questionsappeared in the same form in an earlier column by the official "job-finder." These answers also appeared in the same form in that earlier column although the words were a little different! when in an interview with the Iranian Secret Legal Aid Society, he said, "Shah Note: We Ed. would like to apologize for Who?" the author's obvious attempt at humor by writing an Editor's note. It was obviously 5. What is the Student Placement not an editor's note. As everyone knows, Committee Doing? all editor's notes are in Italics like this one. Yesterday we had a phone call but that was a wrong number. Oh, but the day (finally ...the article.) before we spoke to a number of prominent lawyers1 secretaries. Unfortunately, they're 1 What is the Status of the ) ob Market for all on .the faculty here, and didn't havewiy Buffalo Students? positions available. (Apparently they Buffalo students never seem to do as haven't received our Kama Sutras Ha well as human students, however, they do Ha!) do better than Antelope students. It's probably genetic, so don't worry. 6. What are Alumni and the Faculty and Staff of the Law School Doing to Assist 2. What Kinds of Positions Have Third and with thePlacement of Buffalo Students? Year Second StudentsFound? Truly the greatest contribution that can Mostly, the same kinds of positions as be made by our staff and alumni is everybody, else, although I have heard convincing the legal world that Buffalo rumors that some students here at John Students can adapt to a human Lord O'Brian have discovered the Kama environment. I would recommend, Sutra and/or the Single Wing (with Bleu accordingly, thatall students: Cheese and Celery Stalks), and are using 1.Maintain their costs properly, and not some incredibly different and interesting look unkempt; angles. Sea Grant will soon have a new 2. Not grovel or make Buffalo noises; Position paper about it, entitled: New 3. Not Stampede; and Positions: Fun Without Environmental 4. Celebrate the BlSONtennial, 4 Tigar Ruin. See also 221 S.2nd 492, at 496, 2, at 3Vi 1 also spend a great deal of time where a very interesting position is with our alumni. I was being, defended by discussed by Chickeniooper, C.J. one of them only yesterday. I recently met with an important judge, a prominent 3. What Kind of Salary are the Positions government lawyer and several leading You Mentioned Paying? attorneys, and each has expressed his Generally, the salaries of the jobs that willingness to help us. Unfortunately, at we are not getting are very high. However, the time of our meetings, they were under we are working constructively toward that the mistaken belief that I was from end. Although it is doubtful that Buffalo Harvard. students with their genetic defects, will ever get these jobs, we have been assured 7. Will We Have Career Days This Spring? by the employers that those who do will YES! We will also be hosting an receive less money in the future. This will Alumni-Student Client Counseling make the salaries that our students do get Competition, and a Job Picnic. Everyone seem that much higher. And of course, as will eat sandwiches with the crusts cut off, with all jobs, the salary depends upon the and sing the Alma Mater, "Youand Me and position you are in. the U.C.C." written by Karl Lewellyn,*, from his forthcoming album, Son of a 4. Many Students State that They Have Breach. Not Found Employment. Why is This So, and Should This Cause Them Concern? The firm of Nixon, Agnew, Krogh, Yes. Traditionally, most Buffalo Law Haldemann, Colson, Segretti, Meckler, and Graduates do not find jobs until there is a Heckler will be interviewing here next major scandal somewhere, hundreds of Wednesday. All interested students should lawyers are disbarred, and a need is felt. come prepared with resume and proof of When no major scandals are forthcoming, disbarrment. The firm of Roto, Rooter, and Co., is other interim pursuits are alwaysavailable. One well-known Alumnus no* leads the looking for a staffperson interested in entire country in job intenuews. Such Environmental litigation. Resume and hip persistence is sure to be revfcted. The boots are required. Ed. . - > > making a deal is plainly ridiculous. Please understand, I do not think Jaworski is a dishonest man. His honesty and integrity is beyond question. It is his perspective, convention and "attitudinal" form which is being held in question. Yes he is honest, but it is an honesty grown out of a void the status quo and developed from the sterility of impression. - - Jaworski is used to things as they are. He is not able to look beyond Watergate, to its implications and future orientation, it being the most significantevent to occur in this country within the last 200 years. He seemed to use the word "insulate" frequently during his talk. Maybe he has become a product of what he was talking about. This inability to search in the realm of true human inquiry settled like a dense fog over the Moot Court Room Sept. 24. Alas, one more knight lanced down. Jaworski's attituder crystallized in his concluding remarks. He said that he based his faith on the American system, despite its numerous shortcomings. He most readily admitted that justice had become an aphorism in our country. Thatviewis a flag-waving relativistic one. And after that statement, he made no allusion to any attempts to alleviate the inequities in this country. It was as if he ■ were syaing, 'Although our system is not fair, we are better than anyone else, so we do not have to worry about being fair and equitable in this country.' Something went drastically wrong along the way if our only defense of our system is by comparison to the rest of the world. To live relatively rather than absolutely, especially in the present day, is no great and admirable task. Compounding the frustration is the realization that Jaworski was in a position where he could have exerted great and profound political change changes which could have dwarfed all previous political change by comparison. But this fleeting moment was lost in time. All I can say is, life must, look different on Maggie's Farm, and where do we go from here, Mr. Jaworski? - �October 7,1976 OPINION 4 The debates Peanut farmer and peanut brain square off by Rob Ciandella A few years ago Polish writer Jerzy Kosinski wrote a book called Being There in which the main characteris transformed from a celibate hermit into a national celebrity through the miracle of media. Kosinski's character, named Chance, had spent his entire life inside an enclosed yard working on a garden until a series of fortuitous events thrust him into the national spotlight. Chance found himself a guest on a political talk show with the President's economic advisor at a time when the country was saddled with a severe recession. When asked his view on the economy Chance naturally responded within his frame of reference, "Well, in a garden you must be sure that the roots are strong so that when dryness comes Recently Kosinski's cynical vision Carter had arrived after beating back a became somewhat of a macabre reality as even more absurd two seeming accidents of history, one a stiff challenge from an Kosinski model, a guru peanut farmer from the south and the extension of the the west coast who other a peanut brain from the midwest, Governor from captured the hearts and minds of a lost met in a I candidates for the Presidency of the United generation with a strange neo-conservative mysticism. Farmer Carter won national : States. ..." with his chestnut resemblence to John Lower outside corner by Tanis Reid I am really hesitant to do a column, which was originally intended to be only a monthly humor column, on Patty Hearst. For one thing, putting down in print my opinion on such a subject in front of a whole population of law school students is sure to earn me some enemies. I already got the "are you kidding" from the editorial board when I suggested maybe this copy should be run as an editorial. I must admit that the editing decision was a wise one. Patty Hearst is old news now, but not only for the reason that this issue went to press almost two full weeks after she was sentenced to seven years in prison. Actually, her story is not really over, as she yet faces charges for still more seriouscirmes, and as the Harrises have yet to be tried for kidnapping Hearst. Still that news which is left, though it may end up on the front page, has lost its urgency. I guess that's what bothers me. There seems to be a popular acceptance that Hearst, whose life first demanded front page anxiety and then excited the wrath of betrayal in prime time media and its followers, has finally had poetic justice formerly imposed upon her. It is ironic that the day before Hearst was sentenced to prison, those charged with her kidnapping were arraigned. Or maybe it isn't ironic. It doesn't seem to affect people as such, and it doesn't seem as if the court accepted the argument that the kidnapping was so brutalizing that, in effect, it prevented Hearst from developing the necessary mens rea for the crime of which she was convicted. F. Lee Bailey's strategy in the defense of this trial is not fully known, and will probably not be known until he has time to publish a book of enough quality to earn the royalties needed to support his lifestyle. However, Bailey's skill as an attorney is highly reputed and it is likely that were the kidnapping effects an affirmative defense to the willfulness of Hearst's participation in the bank robbery, it was argued as strongly as the law would support. Yet, though Bailey is supposed to be one of the best, it is doubtful that Bailey's presence was helpful to Hearst's cause at trial. But the trial was a circus without him. The press was certainly willing to throw one of its own into the ring, in order to promote the ever-increasing myth that whenever the American people are being exploited by theCIA, by the Republican - ~ prominence with a stunning victory in the hub of American political tradition, New Hampshire. As the fall TV season opened, farmer Carter-could be seen intently studying peanuts and engaging audiences with his purity and pomp rural charm. Quoting Bob Dylan and imitating Max Yasgur farmer Carter aroused the American political scene Kennedy. — He was met in i.the debate by the incumbent Ford. F6rd, whose principle claim to legitimacy seems to lie in his 'being one of the guys' while in Congress, a most startling development in view of recent Congressional activities, was handed the office by an obscure and nameless man known only as "the predecessor." Now a non-entity in noplace like San Clemente, "the predecessor" was recently quoted in the ;Sacremento Bee Line as sinisterly implying that his wife was responsible for the ascension of Ford. "Pat did it," he said. This might prove to be of some concern to Ford supporters because he has a wife of his own and an affair with his daughter. Basically though, Ford was good. "The predecessor" was bad. Not that Ford's goodness prevents him from being tough. He was tough, a fact borne out by his relationship with his son in residence, Jack. Ford made Jack court silly rock and roll stars and pretend to be a heterosexual Party, by the rich, by whomever the press will expose the exploiter and prove itself the last-ditch protector of American freedom particularly when the exposure is such lucrative copy. Then again, why blame the press for this fiasco? Despite all the heinous crimes in this country, the violent murders and brutal sexual assaults occurring daily, the FBI only too readily slapped Hearst up on their ten most wanted list when it appeared thatrather than trying to save a victimized youth, they had perhaps been led on a wild goose chase by a spoiled brat. What's more, what, had it not happened, would seem incredible, is that despite the fact that they were not yet sure Hearst's SLA participation was voluntary or forced, the pol ice poured about 500 rounds of ammunition into a house in which she was believed to be. The resultant deaths can never be condoned, and to suggest that a once willing to kill her is government later attempting to aid her with a fair trial incomprehensible be must to Hearst's already confused mind. by ) ohn Arpey But more than the courts, or the press, or the FBI, what bothers me most is that For all you student tax buffs who have many American people seem to acquiesce just recently acquired a thirst for to seeing Hearst done in. Maybe it's knowledge in this area, this week's column because most Americans were sympathetic is to inform you of some of the more towards Hearst when they learned of her recent changes. kidnapping. But, when they learned that The Tax Court has modified its prior their apathymight have been unrighteously position on the deductibility by an provoked, they, like the FBI, were angry employee of expenses arising from his for having been made the fool. And, too, maintenance of an office in his home and ail those Americans anxious to see the rich will no longer follow Stephen A. Bodzin, pay theirshare of punishment joined in the 60 T.C. 820, rev'd 509 F.2d 679 (4th Cir. anti-Hearst campaign. If they had failed to 1975), cert, den'd 423 U.S. 825'(1975). get retribution from wealthy, wayward In Bodzin, the court had held that such politicians, they could perhaps be more expenses were deductible by an attorney successful in demanding it of a young, rich employed by the Internal Revenue Service. radical. The Service maintained that an employee And it is only retribution that may only deduct home office expenses if Americans are seeking in Parry Hearst's his employer requires work to be done at punishment. There can be no rehabilitation home. The Tax Court, however, ruled that in a prison setting for a young twenties the test for deductibility was whether "the woman suffering from severe psychological maintenance of an office in the home is strain. Nor can it be claimed, now that the appropriate and helpful under all SLA members are either dead or confined, circumstances," even where there was no that Hearst is a threat to the stability of evidence that the employer required that this country's society. Had Hearst been work be done at home. burned to death with the rest or most of Only upon a finding of bad faith or that the SLA, Americans should never have had personal convenience was the primary to decide whether she was a brutalized reason for maintaining the office would the victim or converted, confirmed radical. deductionbe defeated. The Fourth Circuit Rather, they would have willingly overruled Bodzin. christened her an American martyr and Now, in a case with identical facts, the stored her with the Lindbergh baby in their Tax Court has disallowed the home office memories. expense deduction of another IRS — just to capture the substantial groupie vote. The debate was held in that model of American progress, Philadelphia. Ford took the initiative early, handing in a bravo impersonation of Chevy Chase. Reaching for a glass of water, the Ford candidate momentarily forgot that he had instructed his staff to glue the glass to .the podium and in the minutes before the camera turned away from his struggle, Ford had made the first major move of the debate. Carter responded with a superb impression of Carter. He then went on to note that while he had great sympathy for the handicapped and had in fact been called a mental cripple by Lester Maddox, he nevertheless felt compelled to condemn Ford's choice of a running-mate as a blatant appeal to the amputee vote. Ford emphatically declared that he was not now, had never been and would not engage in an affair with his daughter. Carter responded with an observation that his daughter was too young to be considered in this regard, at which poinl Ford injected that this was not necessarily so. Moving on to health policy, Carter said that it was clear that Ford must bear the blame for legionnaire's disease, adding that under his administration no pinko plots to fluoridate the water would succeed. Ford replied that he was a legionnaire and he was not a disease. On the attack again, Ford said that Carter was at fault for the dearth of peanuts in Skippy's Peanut Butter. After a quick tut away to Walter Cronkite, who explained to a confused public that Ford meant that there were fewer peanuts in peanut butter, Carter responded by pointing to the unemployment problem. To dramatize his contention, Carter pointed out that hfhwas unemployed. He indicated that were it not for the $21 million the government had given him to do this posturing, he would be justanother poor cracker millionaire. Ford allowed that anyone who used the word cracker in the family hour would probably permit socialized abortions. Carter denied that he was an abortion. And on it went, pushing back the starting time of Mary Hartman, these two masters of rhetorical skill matching each other profundity for_ profundity. Court makes taxing decision v. Commissioner, 66 T.C. No. 52. The Court based this opinion on n ternal Revenue Code § 161 and ICommissioner v, Idaho Power Co., 418 U.S. 1 (1974), which state that the Code provisions disallowing a deduction for personal expenses take precedence over the provisions allowing buisness expense deductions. The Court also followed Treas. Reg. Sec. 1.262-1b3 which allows a deduction for home office expenses when the taxpayer incidentally conducts business there,his place of business being elsewhere. Finding that a taxpayer's use of a home office was "purely a matter of personal convenience, comfort and economy," the Court now declares that the "appropriate and helpful" test requires a balancing of all facts where there is a mixture of personal and business considerations. However, the Sharon and Bodzin holdings are narrow, relying on the facts that the employerprovided an office which was usable during non-working hours and that the employee's workload did not appear to require work after hours. The Second Circuit permitted a home office expense deduction in a situation where the employee was required to work after hours, even though the employer provided an office, New! v. Commissioner, 432 F.2d 998 (2d Cir. 1970). Newt was distinguished in the later cases and may satisfy the balancing test of Sharon. attorney, Sharon �October 7, 1976 OPINION 5 Court battle on welfare continues by David Munm The Court of Appeals has unanimously ruled that the state's statutory scheme requiring that counties pay half of the non-federal cost of state-mandated public assistance programs is constitutional. A three-page per curiam decision issued late in September affirmed a ruling by the Appellate Division of Supreme Court. The Appellate Division had held that Erie County was required by the New York State Constitution and the Social Serviceslaw to provide the local share of funds for its Home Relief, Aid to Dependent Children, Medical Assistance, and Day Care programs, and the court ordered the county to immediately resume making payments and reimburse the state for temporarily paying the county's share of welfare costs. Erie County plans to appeal to the U.S. Supreme Court as soon as possible on Fourteenth Amendment due process and State Constitutionand result in a denial of equal protection and due i process rights under the Federal ; and State Constitutions. The county's home rule argument was that the present funding schemes automatically appronriate about half the gross , JLimited county budget (56 percent in traditional and essential county thus "rendering meaningless the county right to affairs." manage its own The Appellate Division rejected this argument, holding that Section 2 of Article IV of the State Constitution confers upon 1976), pre-empt about half the services county's limited real property tax levy, and by reason of the disproportionate burden imposed on Erie County, reduce the role of the county executive and county legislature to the dismantling of -- the State Legislature the power by "general laws" to abridge home rule rights, and found that the Social Services Law was such a general law. The substance of Erie County's equal protection and due process - legal aid launched continued onpage 6 Student legal services program restructured , , by JeffGranat Additionally, the program does for legal not provide representation Note: Granat in Small Claims. (Ed. Jeff is a \ third-year law student and a Court. While Small Claims is not former legal worker with SLAC.) as formal a judiciary setting as other courts, students prefer SUNYAB students can expect having a lawyer present their a new style of legal representation cases. Many students feel that they and legal services in the coming semesters. are not treated fairly in the Small Claims Court, especially where In August of this year, the undergraduate Student their opposition is representedby Association cut funding of the counsel. Since many Student Legal Aid Clinic (SLAC) landlord-tenant and consumer and withdrew recognition of the problems involve actions against Clinic as a student organization. corporations who must be equal protection grounds. Simultaneously, Sub-Board I, represented by counsel in court, The battle between Erie Inc. approved the financing of the student fears about representing spurred Group Legal Services Program themselves seem justifiable. and the State County was when the county legislature,citing (GLSP), a pilot program designed The structure of the new the county's severe financialcrisis, to supplement the services of the program has also been questioned. refused three times last summer to SLAC and initiate innovative The GLSP is set up similarly to a prepaid legal insurance program appropriate funds to keep its programs in other areas of law. welfare programs running. The The actions of SA and with a closed panel, except the mid-year appropriation was Sub-Board generated a great deal panel of attorneys is limited to necessary because the county of controversy. Some of this one, SA attorney Richard Lippes. SA nor Sub-Board executive and county legislature dispute was due to the political Neither appropriated twenty million climate during the inception of considered alternatives such as an dollars less than the $137 million the program. Members of the open panel plan, where the plan requested 'by the1 County Social SLAC felt that they were not pays for the services of an consultedbefore the proposal was attorney chosen by the student, Services department for 1976. The amount finally acted upon and their recognition or a plan where attorneys with appropriated was less than the revoked. diverse areas of expertise are There was also much debate retained to provide services to the amount appropriated in 1975 for these programs, despite concerning the merits of the students. ever-increasing numbers of welfare proposal. It was suggested that, in The fundamental question is, recipients. In ]une, the Social many areas, the program was not basically, whether the new Services department estimated tailored to the needs of the program is worth the expected that it would exhaust the students. $35,000 it will cost, especially budgeted funds for public For example, under the considering the fact that the assistance by Sept. 1, and it was proposal, students arrested on S L AC was funded at thus forced to request additional drug charges or by campus approximately $14,000. appropriations of $5.5 million to security would be provided with The GLSP will provide services carry these programs through Oct. free legal advice and from four components. The first court. representation The 1. in will offer students free and After the county legislature concept of limited legal unlimited advice and consultation twice refused to appropriate the representation in-criminal matters on legal problems of any nature. necessary funds, and after it failed to take into consideration An attorney will be present in the appeared that funds .on hand the fact that most student arrests office for 24-28 hours weekly for would be exhausted in a matter of are for other offenses, such as consultation. Complete legal representation days, the Commissioner of the driving while intoxicated and will be available in certain State Department of Social disorderly conduct. Article 78 Services commenced an proceeding seeking an order adjudging Erie County in violations of the New York State Constitution and the Social Services law. It also sought a direction to appropriate sufficient maybe President by Connie Farley I had thought funds to enable the county to Nixon would come forward with continue to pay its share of the things ..." But nothing "In the end, truth will out," some state-mandated public assistance certainty to Shakespeare's significant has been forthcoming, was a programs. of he said. Erie County filed a Launcelot in The Merchant has Jaworski, visiting Buffalo as counterclaim alleging that those, Venice, but Leon Jaworskisince the guest of the Niagara Frontier sure in the days sections of the' Social Services not been so Polish American Bicentennial Law which provide that 50 Watergate. outlined what he That's why, (aworski said, Committee, percent of the nonfederal cost of to the Law School termed "a few of the tough public assistance must be borne during a visit begun telling the decisions we had in Watergate," he's by local governments under the Sept. 24, role as Special including circumstances faced by Erie story of hiswith the publication -Whether a sitting president County conflict with other Prosecutor Right and the could be indicted for a charge like fundamental rights and benefits of his book, Thetalkslike the one obstruction of justice as conferred by the State and Power, and with Court Room opposed to, for example, a serious the Moot in gave he Federal Constitutions and must, criminal charge, in addition to 400. therefore, be invalidated. to a crowd of about silent partly being subject to impeachment. Jaworski had keptlitigation still Specifically, the county alleged "To what extent would the that the required 50 percent to avoid prejudicing of Watergate, courts permit you to do that," the wake in pending the contribution ratio will violate "I had hoped Jaworski said. "Wouldn't they be right of the county residents to but also because revelation of inclined to tell you to impeach effective self-government under there would be more told Opinion. "I first?" It is Jaworski's opinion the Home Rule provisions of the some things," he criminal proceedings, I and lord-tenant matters' not involving Small Claims Court, the defense of civil actions not involving Small Claims Court, separations and divorces. The second component will represent student governments of Sub-Board. The third section is described as an educational component designed to disseminate information about various areas of law of interest to students. Publications concerning student rights, social services, consumer rights and the landlord-tenant relationship are planned. Seminars and workshops will be presented to keep the community informed in these areas. Finally, there is a public interest law section. This is the most innovative and promising area of the proposal. The thrust of this component is directed to areas of law involving student ■rights in the university setting and • society. Particular emphasis will be placed upon restrictions of expenditures of mandatory student fees. The program's attorney, Lippes, foresees this component National as the forerunnerof a Center for Student Rights. Servicesextended by the SLAC were similar to those under the new proposal, but not nearly as extensive. SLAC employed three attorneys on retainer who were present in the office for a total of about eight hours weekly and who were available at all times for telephone consultation. The Clinic also utilized paralegals to assist students in legal problems not requiring an attorney, such as social service agency referrals and in tr a-university matters. The paralegals also assisted students in certain landlord-tenant and consumer problems that came within the scope of their training. The SLAC distributed publications informing students of their Fourth Amendment rights, landlord-tenant law, alternative sources of legal assistance, procedures for Small ClaimsCourt and New York State drug laws. Additionally, the Clinic sponsored lease-reading workshops and clinic members spoke before classes on legal subjects of contemporary interest. Under SLAC operation, representation in court by an attorney was provided only for arraignments. The individual student was required to pay his own fee if counsel was desired. Overall, the coverage provided by the new program is well worth the cost. The latest estimates are that the cost per individual student for the program's services is 60 to 70 cents yearly. The implementation of the Group Legal Services Program has been delayed while Sub-Board irons out the details of the program. When the program is finalized, it will then be submitted to the Appellate Division for approval and will be subject to the scrutiny of the administration to assure that the new proposal meets current guidelines for the expenditure of mandatory fees. Since the plan is a pilot proposal, problems concerning its structure and content can be worked out at some future date when more i n formation is available for assessment of the legal services requirements for students. In the interim, the SLAC continues to provide the same type of services it has offered to members of the university community in the past. Jaworski breaks Watergate silence - - . Leon Jaworskl chats with SUNYAB law that if Nixon had been indicted, he wouldn't have resigned. "Then the problem would have been, "How do you bring a sitting president to trial !u It would have torn the country asunder worse than it did up to that _ students -photo, Frank Carroll time," he said. Whether justice was served when Richard Kleindienst was convicted of a misdemeanor for his perjury before the Senate Watergate committee, and itiven a — suspended sentence continued on page 7 �OPINION 6 October 7, 1976 Blind students facenumerous • difficulties, challenges by Sharon Osguod Consider having to plan your courses so you can order your text books a full semester in advance; having to plan your assignments so you can arrange in advance to have someone read them to you; being unable to get into yourlocker because someone removed the tape markings you relied upon to "feel" the combination. These are a few of the problems dealt with by the Law School's three blind students, Don Dally, John Adamec and Lynn Blocher. In interviews for Opinion, all three young men alluded to the overriding difficulty: reading requirements. They are able to order their textbooks on tape, and they use tapes frequently in class. The tapes are supplemented by hiring readers who read to them the material unavailable on tapes. Because the students must retain what they hear and are unable to rely to the usual degree on written notes for review purposes, the readers must spend a lot of time with them reading and re-reading important materials. It is a time-consuming process and it's necessary to have the readers arranged in advance for specified periods of time at reasonable hours. The upset created by a last-minute handout required to be prepared for the next classis of major proportions. "All law students have to work underpressure. Law school is hard and demanding/ noted Don Dally, who is in his third year of a four-year J.D. program. "But these handouts are particularly difficult for me because it means trying to arrange for a reader at the last minute and they just aren't always available when you need them." Lynn Blocher expressed an even greater feeling- of vulnerability on this point. Although it has not yet happened, Blocher wondered if a professor had any idea of what difficulty a last-minute large reading assignment or multiple case briefings could pose to a blind student. Registrar Charles Wallin admitted that the school does not make a lot of special concessions Legislative work busies 2nd, 3rd year students Ed. Note: TheBuffalo Legislation Project is an organization of second and third year law students engaged in researching and writing legislationproposals and re visions requested by legislators or legislative groups from both the state and local levels. It was possible to obtain descriptions of only five projects for the present issue. Descriptions of the remaining ones will be covered in a subsequent issue of Opinion. Public Assistance Standards Becky Mitchell and Sharon Goodman will do research for Erie County Social Services. This project involves the standards set by statute for eligibility for public assistance benefits. Members will develop materials showing the levels of standards and any changes necessary. Also included will be a discussion of various review mechanisms. State Hospital Rate Setting John Suda and William Hultman are working on a project for State Senator Lombard!, Chairman of the Health Committee. The project involves comparison of a bill proposing a . , State Hospital Rate Setting Commission with similar proposals from other states, and an analysis of the New York proposal. Ordinances v. First Amendment Rights Brian Brockway is reviewing the ordinances of the City of Buffalo for possible conflicts with the New York State and U.S. Constitutions at the request of the Buffalo Corporation Counsel. Joe 1 Broderick is the editor in charge of the three projects. City BlueLaws Project Kirn Hunter and John Arpey are researching the possibilities of revising the New York State Sunday Sales {"Blue") Laws for the New York State Assembly Codes Committee. Working with project Editor Alan Gerstman, they are currently researching the constitutional and policy arguments on both sides of the blue-law question. I n addition, they are conducting a state-by-state survey of other Sunday Sales Laws throughout the country. This Sunday, the Assembly Codes Committee will conduct a hearing on the issue in Buffalo, at which time the Blue Laws project members will present the preliminary findings of their tG the blind students. They are permitted to take their exams in a separate room where they can have readers, typewriters and whatever other special equipment they might require. As far as Wallin knew, the for John Lord O'Brian Hall did not include considerations for blind and other handicapped persons. The old facility downtown had so many obstacles that it would have been terribly difficult for a blind student to get around there, he observed. Indeed, in the six years that Wallin has worked at the law school, the three are the only blind students he is aware of. The present building is relatively easy to negotiate for a blind student, though Adamec noted that when he started at the Law School two years ago, there were still construction materials in the corridors which posed hazards for him. Since the elevators will not go to the basement wihtout use of a. key, keys were made available to them. "But not right away," Adamec states. "We had to work on administration nine months, before they finally gave us one." This may have been caused by the confusion of the move to the new building, however, Adamec notes, it also took quite a while to persuade the school to allow them private rooms on the fifth floorof the library where they could use tapes and, readers-^ withoul building plans disturbing otKer st'uderftsTAdamec added. All three of the men were once sighted and have had to go through the emotional adjustment to their blindness. Dally, 42, who lives in Grand Island with his wife and three teenage sons, adjusted to his blindness at the same time he was adjusting to law school, he said. He received a B.S. in 1956 from Miami University in Ohio, working in research and development in the plastics industry before losing his vision. Dally thinks that the Law School should not make special accommodations for blind students, noting that they must leave school to work in a real world where they will have to study. cope. "It is not consistent with Municipal Loan Guarantee Fund good logic to expect accommodations for such a small Project Project members Evan Giller fractionof people," he said. Adamec is 35 and a bachelor. and Steve Errante are currently involved in criticism ana redrafting assistance on a bill which would establish a Municipal Loan Guarantee Fund for the arguments is mat due to ihe State of New York. The bill, first county's shrinking tax base and its introduced in the New York State high proportion of welfare Senate last year by Senator Flynn, recipients, the rigid SO percent Chairman of the Senate Cities share the county must pay results Committee, would create a fund in an unequal and discriminatory supported entirely by cities, cost for its taxpayers when towns and villages in the state for compared with five other major purposes of creating a type of urban countiesoutside New York City. insurance against bond default. The Appellate Division rejected Theultimate result is expected this argument as wlel. Identifying be of credit for the class allegedly discriminated to a loosening New York State municipalities. against as the taxpaying residents The concept is original, having no of Erie County, the court stated model in any other state. The that this classification is not project members, with editor Alan inherently suspect and thus found Gerstman, '-are currently defining the test of strict judicial scrutiny the issues to be pursued in the to be inappropriate. In applying critique of the bill. the more lenient "rational basis" Lynn Blocher, a first-year law student, is pictured with his guide dog, Greta- graduated in Iy 70 from Fordham University with a degree History. His vocational goals in were uncrystallized until he lost his vision. The adjustment experience for him included introspection regarding what he wanted to do with his life, culminating in the decision to go to law school. He is in his third yearof a three year program. Adamec is unsure about what accommodations the school has made or should make for blind students. He feels some frustration over having to wait so long for some of their expressed needs, but he recognizes also the of the bure,ma-,u;y TSflmplicated by;the WWe vi Ui« new building. Professors have been helpful, he said, always displaying receptivity to him when he goes to them forindividual help. Adamec suggests that it would be helpful if the school put blind students in touch with the Placement Office in their freshman year to begin preparing them for job placement Counselling would be helpful at times for emotional needs, too,he added. Blocher, a 30 year old freshman student also single, lives on campus with his seeing-eye dog, Greta. Before coming to law school, he worked in Rochester as a Program Technician for Animal Control. He is originally from Bradford, Pa. Blocher is more concerned about the provisions made for him. As a first-year student he has been assigned to the Discretionary Program which does not adequately meet the special needs He ~ of a blind student, he feels. Rather than needing additional class time, Blocher said, he needs time to read. The added burden of extra class hours is nuldfipit difficult for him to accomplisnthe reading. "I don't expect to be treated any differently," Blocher said, but by being i ncluded in the Discretionary Program, school is actually being made more difficult forh,im. The concerns expressed by all three men echo the issues dealt with by a variety of advocacy groups for handicapped persons. "-Sfratfljd major accommodations in building layout and program policies and procedures be made for a small minority of people? It is a question of balance between the needs of the majority versus the needs of the individual. The issues narrow, however, as awareness is heightened and as individuals and institutions become more considerate in the everyday, practical accommodations that can be made for the person with a special need. It was, in fact, Dally who led this disoriented first-year interviewer to the previously undiscovered first floor lounge, it was Blocher who scouted around the Law School and found Adamec when he could not be located for the interview, and it was Adamec who knew how to get out of the fifth floor maze of the library. Taxing decision - continued from page5 test, the court said that the sole programs efficiently and to question presented was whether prevent abuse. the funding ratios established by Joe Melillo, a third-year law the Social Services Law rationally student who has worked on this advanced the legitimate, articulated state purpose of providing aid, care and support for needy persons (mandated by Article XVII, Section 1 of the State Constitution). In holding that they do, the Appellate Division pointed out that (1) traditionally, the cost of public assistance has been deemed to be primarily a local burden, and (2) the funding ratio rationally furthers the State's interest in providing the individual counties with a compelling incentive to administer the case since its inception, stated "I don't think the opinion of the Appellate Division fully dealt with our arguments. In particular, the court did not explain why they didn't employ a 'strict scrutiny' test in their equal protection analysis. We argued that this was the proper test because of our contention that Erie County's fundamental constitutional right to meaningful home rule Is being violated." The county plans to appeal in the U.S. Supreme Court immediately. > �October 7, 1976 OPINION Jaworski... Legal writing course seeks qualified teachingassistants Sponsors of the freshman Legal Research and Writing course are looking for second or third year students interested in working as teaching assistants during the second semester. First yearstudents are required to enroll in the course, which carries three academic credits and satisfies residency requirements. Joan Hoi linger, faculty supervisor of the Legal Research and Writing course, and a faculty committee will select 15-18 teaching assistants on the basis of their demonstrated proficiency in legal writing, their academic performance and their interest in teaching. After an initial screening of all applications, the most promisi ng candidates will be interviewed. Each teaching assistant will be responsible for a section of approximately 15 first year students. In addition to meeting one and a half to two hours every week with their sections, teaching assistants will schedule frequent individual conferences with their students. Hotlinger will run an orientation program for teaching assistants during the ten days prior to the start of classes Jan. 17. During the semester she will meet regularly with all teaching assistants to develop common standards for instruction and for evaluating student performance. Teaching assistants will be expected to assist first year students in acquiring a variety of legal research and writing skills. Students will be required to complete from three to five writing or research exercises. The exercises will be based upon substantive materials introduced in the first year Property or 7 - continued from page 5 jaworski suggested that the Eastland of Mississippi on Nixon's Special Prosecutor's Office had a behalf. Eastland told the Special sort of a moral obligation not to Prosecutor thatNixon had begged deal too harshly with a man who him, weeping, to intercede with had been "beckoned" into the Jaworski "and that I not put him office to spill the information the in the dock with Ehrlichman and prosecutors needed. Haldeman. If he had an agreement beforehand, what was the purpose Constitutional Law courses. At least one exercise will concern an issue of professional ethics. Students will also have an opportunity to present oral Kleindienst had talked freely arguments based on their own about his knowledge of the research to a panel of faculty scandal and admitted the earlier "judges." Office of the Compensation... for the perjury to the before anticipated 15 hours per week Special Prosecutor even aworski replaced the fired spent in teaching, preparation, J conferencesand evaluation will be ArchibaldCox. about $1200 for the semester. "When we had to make the Interested second and third year students should submit decision [of whether to charge Kleindienst at all], 1 called applications, consisting of a resume and a recent writing Archibald Cox and asked his sample, to Sandra Maedl or Cheryl opinion," recalled Jaworskt. "Cox Bartholomy in Room 523 before said that Kleindienst was entitled to considerable credit for what Oct. 11. and that he was Questions about the course or he'd done the procedure for selecting glad he didn't have to make the teaching assistants should be decision." directed to Hollinger in Room 619. Whether the pardon of Richard Nixon could be attacked. "It's a Constitutional power of the President to grant a pardon for any reason or for no reason," was Jaworski's assertion. "There's not much precedent but there's no limitation on the power to pardon in the Constitution and that's the only place there would be a limitation," he said. .. — LEGAL CROSSTICS of the call?" asked Jaworski. "Richard Nixon wanted that pardon. He sought it and the fact that he so readily accepted it shows he considered himself guilty," Jaworski added. "A pardon is not something you hang on your living room wall and show to your friends." In a subsequent interview with Opinion, Jaworskt said that Nixon's insistence on calling the legal shots despite his attorney's advice contributed significantly to his own defeat. "He just wasn't that good a lawyer," Jaworski drawled with a grin, "and even wayback yonder, Shakespeare said, 'He who has himself for a lawyer has a fool for a client." Jaworski drew a sharp distinction between practicing lawyers and the political lawyer-appointees who were involved in so many of the Watergate illegalities. "A lot of people bring that up and I think said he personally it's unfair," he said of a question Jaworski didn't believe that Gerald Ford about the state of legal ethics in had promised the pardon to light of thoseinvolvements. Nixon before his resignation, or that it gave Nixon a particularly "Think how many lawyers easy out. worked on the prosecution forces and conducted themselves Between the time of Nixon's honorably I think most resignation and the granting of the lawyers are honest. What disturbs pardon, Jaworski said, he got a me is that some don't live up to telephone call from Senator James standards." — _ ... ACROSS DOWN' »«ut.iuio 2. Ascot 3. Actors Equity Association 4 Comical 5! Carnation f°'m '■SlDr" 7. In the civil '°the "" """■" right to us. and law, enloy property vested In another R RAtnlatA 12 . „,,„,„ |n chemjstry| '" Turn of the Screw mo)yt, denum }J;.,„_:, by „,, ?L"" °' or enclosed 15. Contained }'■ |f™' "improper """""" s« ,b~"u, ™ s"^"' Z3. lIIhW Of Wflt© 24p The caP'tal of the examination "" »"swer <° 12*Hodgepodge „_ <« '"^f'o" "p'rop'.mfr.a, one -20 A suffix to form feminine nouns "•Frolic30" 9 Choose ia interview attlr. . (ma,., plur.l personal, }?: ™.!f"" '"""■■' *'■ auuiio 1-. _ ■u lrra fu MCCarty 28. In Dorsetshlr.; local, of Thomas V.Vormlng sulflx 29. 34. A briefIntroduction or preface S ni m*St" Ur"" Anraaiectiv ls' Tta' IP' II: wAccount, Receivable (abbr.) >""'** Dro="al""s ?^"o'" II ,„, r, 4?' Bnnn.r (DIU"" Fmnrt. .1 1 ll' 41 SflSly n n 5?-1!* 'k""1 '""" °' G'k- "D""Mt U"? 11"™ "tic" 56' Perform,act 56. _ party for held by 1"0"1"- sproe Country In South America 34. q artlrl* |^'Fmnch Transgression |»- Sv"comi«elina Last riame, comedienne, Last name FITv 40- ««■ Recording Secretary (abbr.) "-^ Wi(«" *" "" '"•""" a 47. L.MI. tag 48. In anatomy and 49. Northeast by Chris Carty Bashalr A.S.S.R. v«ins zoology, flpel"I"™'1"™' "'m,'," "• ?wo ur,lt"r.g.rded '*■ * 59. 60 StandingRoom Only N||c lU' V as on. s IBB"/:/.' a !<? takesabout ten weeks. in These forms also are available my office, room 303. Applications generally require ten University Supplemental weeks for processing. This column will list the various types of financial State assistance available to law Tuition Award (SUSTA) SUSTA provides an additional students and explain the procedures to be followed to $425 for the Fair 1976 semester supplement the maximum TAP to aid. obtain this award, $300, which the student will already have received. It is Tuition Assistance Plan (TAP) This state-funded program is anticipated that the spring award the only "free" money avaifable. will be at least $425. No additional application That is, the award is not contingent either upon work or forms, other than the TAP application, need be filed. After re-payment. It is only available to New York State residents, and receiving their TAP award notice, is based solely on financial need.*' 'the $425 will be credited to a Students whose net taxable student's account when the income is $2000 or less will student brings the award notice to receive the maximum grant of the Office of Student Accounts $300 per semester. Others with (Hayes A, Main St. Campus). higher net incomes, up to $20,000, will receive a New York Higher Education correspondingly lower amount per Assistance Corporation Loans semester: ■■'/v Spring 1977 semesters. Processing (NYHEAC) These are federally guaranteed The receipt of the maximum award automatically qualifies the loans which allow a student to University up to $2500 per year, borrow student for a State Supplemental Tuition Award with a total maximum indebtedness of $10,000. There is (SUSTA). TAP forms are available in my no interest, charged while the -rtiay' be student is enrolled-in school, but office, room 303. They filed until April 20,-1977 for rates have increased to BX> % awards for the Fall 1976 and during the re-payment period. National Direct Student Loans fNDSL) and Work Study Both of these programs are administered by the University. It is too late to apply for either of these for 1976-77, but applications for 1977-78 should be available through me around Dec. 1. NDSL also are federally guaranteed loans withlow interest (3%) that begins to accrue after graduation. Work study is a federally-funded prog; urn where students work for non-profit organizations who pay only 22% of .the student's salary, the remainder being provided by the federal program funds. This semester approximately 30 law students have received workstudy grants. My office hours for this semester are: Monday 9-10 a.m.; Tuesday 10 a.m. 5 p.m.; Thursday 1 p.m, 5 p.m. For those who find these hours inconvenient, my phone number is 636-2062. —— �OPINION 8 Transfer schemes sabotage school desegregation in Buffalo by Kirn Hunter A student's desire to study Polish or Russian can actually contribute to the segregation of Buffalo public schools, local attorney Richard Griffin claims. Griffin and SUNYAB Law School Professor Herman Schwartz discussed the legal aspects of the Buffalo school desegregation suit before a group of about 75 people Wednesday, Third yearstudent Alaine Espenscheid, center, introduced Atty. Richard Sept. 29 at theLaw School. Griffin, one of the principal Griffin, left, and Professor Herman Schwartz, who spoke Sept. 29 at the attorneys for the plaintiffs in the Law School on the Buffalo school desegregation. suit, explained how white In addition to transfers for at some point. Schwartz and Griffin were students from inner-city districts academic reasons, Griffin havingracially mixed schools have explained that some students were asked to predict the possible impact transfers transfers the basis of of the Buffalo suit on to granted been able to obtain on i predominantly white peripheral letters from doctors certifying desegregation in New York State. schools in order to enroll in that school transfers were needed Schwartz felt that the impact foreign language programs to promote "healthy social would be slight outsideof Buffalo unavailable in their neighborhood adjustment" for somechildren. because desegregation suits by "Clearly," he said, "the their nature turn on the individual schools. According to Griffin, such transfer system is little more than facts of the case. Where there is substantial transfers and other administrative a subtle technique for keeping devices permitted thousands of white kids in all white schools." proof of discrimination imposed Defendants in the Buffalo suit under color of state law, plaintiffs white students to avoid integrated schools in their districts, resulting tried to blame the segregation of are likely to win. But each case in a segregated public school Buffalo schools on segregated can be distinguished from others system. housing situations since the school because the facts of segregation This situation became the basis districts are dictated by will always be slightly different, for a desegregation suit instituted neighborhoods. This did not he noted. "It's a bad time for civil by the Citizens Councilof Human relieve the defendant of Relations, the NAACP and a responsibility for segregation in rights," was Schwartz's member of the Buffalo Common Buffalo, since many of them were conclusion. The possible impact Council in 1972 against the State also responsible for the segregated of the suit may be hard to predict Board of Regents, the Buffalo housing patterns, Griffin pointed since it is by no means over yet. Board of Education and the out. All of the defendants in the case Common Council, among others. Griffin characterized the have appealed. Briefs are due at On April 30 of this year, busing issue in desegregation as a the Second Circuit Court of Federal Court Judge John Curtin "red herring." At the present Appeals by December, and oral ruled that defendants had time, children at honor, argument should be set for some permitted and perpetuated the vocational, private and suburban time in January of 1977. racial segregation of the Buffalo schools already take buses every public school system in violation day, he noted. Busing to achieve SBA... -continued from page 7 integration should not really voted in good faith. don't think of the Fourteenth Amendment. I Professor Schwartz gave a brief disrupt the Buffalo school system it was a misuse of their power, but history of school desegregation in very much at all, he insisted. I thinkit was a mistake, an unwise Buffalo, noting that the present A question and answer period decision ... I don't oppose the suit had its origins in a 1963 suit followed the discussion by cause, but I oppose SBA money brought by the NAACP against Schwartz and Griffin. The being spent for the cause." the Buffalo SchoolBoard over the majority of questions dealt with SBA Director Gerstman, who districting of the then-proposed the nature of possible remedies to initiated and wrote the letter to Woodlawn Junior High School. the segregation problem, the the Editor from the dissenters Several districting proposals had acceptability of these solutions which appears in today's Opinion, been made and the one that was and likely impact of the suit. saidhe contributed to the NAACP accepted was certain to result in Griffin suggested that a at the fundraising tables at the law the creation of a totally black "metropolitan" solution would school. However, Gerstman said school. After weak efforts on the have been best for Buffalo, that is, he opposed the SBA fund part of the School Board, a desegregation plan involving the allocation because "we dohave to Schwartz said that an accepted suburbs as well as the city itself. move under state guidelines when plan was eventually drawn up, but However, it is not likely that any distributing mandatory student it was never implemented. suburban communities would be fees, and since the mandatory fee is basically a tax imposed upon all In the present desegregation willing to cooperate, he said. The defendant's first solution students I don't think we should suit, the overwhelming evidence of school desegregation in Buffalo the so-called Buffalo Plan has use the mandatory fee to support and the line of cases decided in already been found to be one political viewpoint." favor of plaintiffs in similar suits inadequate by Judge Curtin. The The last paragraph in throughout the country made the plaintiffs have offered a plan, but Gerstman's letter which refers to case "easy" in terms of getting a the Buffalo defendants are not recall of directors and restitution positive ruling on the merits of happy with it, according to of student money upset some of the segregation issue, Schwartz Griffin. the SBA directors who supported The plan proposed by plaintiffs the NAACP allocation. Gerstman said. After Judge Curtin's decision would call for creation of seven denied that he was calling |or a in April, the suit progressed into a city school districts. Each district recall of those directors who "remedy phase," Griffinsaid. The would contain one of the seven supported the contribution; He decision only established the city high schools. The elementary said he was merely informing the liability of the defendants for schools in each district would be student body of the remedies segregation in the Buffalo school divided so that all peripheral available if they believe directors system. Under court order, the schools in the district would have breached their duties. City of Buffalo must now come include only kindergarten through SBA Director Edwards, who up with a complete desegregation grade four, and all inner-city voted for the allocation, plan by October 15 of this year, schools would house grades responded in part: "The recall of 5 thru 8. All children would directors on this issue wouldbe to Griffin noted. Partial measures are already in remain in one district for all their impugn their integrity when the closing schooling and would have to be directors who voted in favor of of some with the effect schools and the transferring of bused for no more than two-thirds the disbursement felt they were pupils. But Griffin saw this as of theirschool years. All children acting within the guidelines and only the beginning of the long would have the chance to go to a within the interests of the student school in their own neighborhood body ..." process of change. - - October 7,1976 Prison head responds to unfair hiring accusation by Jean Graziani Acting Commissioner Chinlund, reached by telephone Corrections Commissioner Friday, said that he wasn't sure Richard Chinlund told whether Benjamin was- qualified. Opinion Friday that he never "We needed a balanced staff denied Ron Benjamin a job with involving individuals who can the Commission. His hesitation in make field visits to correctional hiring the 1976 SUNYAB Law institutions, be helpful with School graduate and convicted policy suggestions, investigate felon was due to questions about inmate deaths, assess medical Benjamin's qualifications and services, and be helpful in working uncertainty about staff positions toward the implementationof the grievance procedure," he said. "1 available,Chinlund said. Benjamin, alleging never denied Mr. Benjamin a job, I discriminatory hiring practices, is only asked for more time to filing a civil rights suit against the decide just what kinds of people I New York Commission of needed to work for the Corrections. Benjamin claims that commission," Chinlund added. Recently, Chinlund has hired the only reason he wasn't hired for a staff position with the two ex-offenders who, he says, commission is because he served "know the flexibility of being 32 months in prison for grand helpful in al! of the above areas." theft. He charges that Chinlund Benjamin is engaged in a recently hired two ex-offenders as state-wide campaign he says will a result of public protests make known such discriminatory Benjamin's allegations have practices of the commission. He is caused. now planning a paid speaking tour of colleges and universities in New Benjamin had cautious hopes York to help finance the that the Governor's Office would campaign. Benjamin said he still act on what he says are wants the job. discriminatory hiring practices. Benjamin said that one positive But the Governor's Office has result of his efforts thus far is that made no comment to his ex-offenders are coming out and allegations, he said. "We've given protesting other instances of job them enough time. We're going to discrimination, which he terms start proceedings," he said last tantamount to telling ex-offenders week. to "go and steal." Octoberfest! Students, faculty and staff frolic at an administrationsponsored Octoberfest last Friday. Registrar Charles Wallingot a lesson in The Hustle as... — photos by Nancy Mulloy ...Dave Brady and Shelley Davis tipped a few to the strains of the Ackerman Quartet. Classifieds — ■ on BAR/BRI FOR INFORMATION enrollment discount, check with Stewe Deßaun, Tina Dogopal, Sharyn Roger*, Mike Cooperman, or Mike Tantlllo. ■ •arly THE UNIVERSITY Union Activities Board (UUAB) sponsors coffeehouses «w«ry weekend. Friday performances art at the Eljlcott Complex on the Aitlhint Campus, and Saturday performance* are at Norton Hall on th« Main Street Campui. Tlmei Bt3o o.m. Cost: 11.00 itudanti. $1 25 faculty & staff, 11.50 alt others. ANY STAMP collectors who would itfce to do some trading, call Tim at 837-M34. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-10-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/7/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/90147bfcc8ccc02ee0b93f5822cf04c3.pdf e661395e9389ed66ff842f3d59117d5e PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 17. Number 4 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law Close races fill vacancies in uneasy ranks of SBA October 21,1976 Controversy continues SBA rebukes treasurer but spares Fertel on gift by Rob Ciandella by Jan Barber Eighteen candidates, em ploying various media techniques to advertise their talents, competed for 14 SBA positions in a contest that was determined by a 20% voter turnout last Wed. and Thurs. The ballot was headed by a man-woman race for the position of First Vice-President. Vicki Edwards defeated Thomas Murphy by 15 votes, polling 135 tallies. Bob Kaiser was not challenged for the 'position of Newly electedSBA directors include: (bottom row, left to right) AndrewCosentino, Kathie Drumm, Paul Edgette; (top row, left to Second Vice President and he Larry Pitt, JeffreyLicker, Robert right) Mark Pearce, received a total of 156 votes. competed Ackley and ThomasLinden. for Four students three positions on the Faculty class Directors, the races were with 65. Larry Pitt received an Student Relations Board, with Bill determined only by the respective even 50 votes and Dean Silvers Martin leading the vote totals with class members. finished five behind Pitt with 45. Three persons were on the Mark Bender totaled 44 and 143. Mark G. Pearce polled 139 votes and Michael J. Tallon 135 to ballot for the three positions open Jeffrey Licker was granted a fill the remaining two positions. as Third Year Director. Paul M. position on the strength of his one David Alexander ran fourth, Edgette'"tallied 65 votes, Robert vote lead over Ted Firetog. finishing a dozen votes behind* L. Ackley 58 and Thomas Linden Firetog received 40 votes. John M. Gruber finishedwith 38 votes. 51. Tallon. Eight first year students vied These contests were all Lecture school-wide, with the entire for the six First Year Director student population eligible to positions. Kathie Drumm received represent a choice. I n the the most votes, finishing I^fcvotes selection of first.and third year ahead of Andrew J. Cosentino two The disagreement in the Student Bar Association (SBA) over a proposed $200 donation to the National Association for the Advancement of Colored People (NAACP) has culminated in the formal reprimand of the SBA treasurer and an attempt to reprimand the SBA president. The SBA directors, who make up the law school student government, voted six to two last week to formally reprimand treasurer Paul Lukin for "willfully and knowingly ignoring his duties" as treasurer and failing to inform the directors of hisrefusal to carry out his duties in regard to the NAACP donation. By the slimmest of margins, the directors failed to carry a motion to also reprimand President Barry Fertel for failure to "execute his duties with all deliberate speed" in pushing the SBA allocation to the NAACP through red tape on the Main Street Campus. The vote was four to three against with four abstentions. However, the SBA did reprimand Fertel, in a related move, for unilaterally extending the deadline for filing petitions to run in the SBA election. The vote was three to two with five abstentions. Fertel, after the Tuesday night meeting, labeled the reprimand a "personal attack to put me in my place." The reprimand of Lukin and the proposed reprimand of Fertel both stemmed from the SBA's attempt to donate $200 in student funds to the NAACP legal defense fund for an appeal bond in a Mississippi state court case. The SBA approved the donation cont. page 4 - Mitchell Speaker lauds foreign justice system SUNYselects Mann law exchange scholar by Louise Tarantino Proponents of the American system of criminal jurisprudence may benefit from a comparative analysis of this country's domestic Professor Howard Mann has of Personal Liberties in the law with the methods practiced in been chosen as a Faculty American Community," and civil law countries in Europe. Exchange Scholar for the SUNY of Mass system. He-is one of 14 SUNYAB professors and 100 professors throughout the system who have been invited by the Chancellor to take part in the program, which makes available to other SUNY campuses SUNY professors considered eminent scholars in their fields. ''Freedom Communication." Mann, who has been on the SUNYAB Law School faculty since 1967, holds a J .D. from the State University of lowa. He was law clerk from 1945-1947 to U.S. Supreme Court lustice Harold H. Burton, having previously clerked for Justice Rutledge of the U.S. Court of Appeals of the District of Columbia. He served as general Noted author detainment, pre-trial discovery and testimony by a criminal defendant. Noting the limited arrest powers available to police in civil law countries, Schlesinger described how the process offer evidence showing specific grounds for the detention. Additionally, in some countries, West Germany, for example, a comparison of the hardship of detention with the gravity uf the case must be made, Rudolf Schlesinger, a dominant figure in comparative law and this year's Mitchell Lecturer, encourages the comparison. In his Oct. 14 presentation, Criminal Procedure: A Plea for Utilizing ''Comparative Foreign Experience," Schlesinger supported "the pragmatic purpose of gaining perspective in appraising critically one's own domestic law." Schlesinger indicated that the ichlestnger, center, gets congratulations on lecture as Dean Headrick, right, looks on. differences uncovered in commenced by service of a he said. comparisons of varied systems of summons upon the defendant. He Examining another point of criminal procedure, rather than said that the "harsh and degrading comparison, pre-trial discovery, the similarities of the schemes, are routine" of physical arrest Schlestnger said the American common in the American system system is not as effective as that of fundamental importance. Labelling American domestic is not used in civil law countries. of civil law countries in the law as "archaic, unjust and indeed "It would be unthinkable to use "central function of the criminal perverse," Schlesinger noted that arrest for presumably innocent process attainment of truth." In civil law countries, both the study of the detailed natures of persons," he added. foreign systems could provide a Schlesinger continued, saying defendant and his counsel have an valuable learning experience. that pre-trial detention is the absolute right to inspect all the As a point of departure for exception rather than the rule in evidence compiled by the comparative study, Schlesinger civil law systems. He explained prosecutor, before the trial. presented details of a typical that a court order is necessary to Schlesinger noted that there is no criminal proceeding in what he authorize detention, and that strategy of surprise operating in termed "an enlightened civil taw standards for granting the order the process and that only in the country." He highlighted four are ex tern ely strict: the United States does unlimited major areas in the procedure prosecutor must have a belief that pre-trial discovery not exist. which differed greatly from the the crime was committed by the "The United States is ahead in Americanprocess: arrest, pre-trial person sought to be detained and cont. page 7 — Faculty Exchange Scholars are counsel to the federal economic to visit campuses stabilization agencies during the throughout SUNY for periods of Korean War and held a Visiting up to three days, with inviting Research Professorship in India departments and the scholars free with the Indian Law Institute available to work out the nature and time of presentations. Topics Mann expects to cover include "Powers of the President,'1 "Determination from 1965-1966. Prof. Mann taught at the Indiana University School of Law before coming to Buffalo. — �OPINION 2 r Ortnher21 l97fi Letters to the Editors Dodd: proposed gift not political Baiter andAndrews: SBA is 'law school socialized' To the Editors: My first dispute is with the characterizationof the contribution as a political one. This contribution was not made "in support of partisan political interests" (the phraseology used by dissenting SBA members). The NAACP suit concerned a boycott of merchants who practiced racial discrimination. Racial discrimination is hardly a hot political issue at this point in our legal history. A review of recent Supreme Court decisions as well as federal and state cjvil rights laws bring to light the firmly entrenched legal stance against racial discrimination.As law students, this should be fairly clear. Last edition's letter to the Editors stated that "University guidelines for the disbursement of student activity funds prohibit the Student Bar Association from giving to ANY political organization." This statement is not quite accurate. The guidelines prohibit disbursement ot funds to any charitable organization. The Sub-Board was not faced with the decision of whether the contribution was political, charitable or somewhere in between, since the contribution was banned in any case. This ban on all charitable contributions was not discussed prior to the vote for the allocationand, to the best of my knowledge, no one at the meeting was even aware of this broad restriction. The people who voted for this allocation did not do so with blatant disregard for university guidelines or the proper use of student funds. It should not be construed as a move to undermine the best interests of the students. A cry has arisen in response to this for a referendum on mandatory studen1 fees. While I support a referendum which would give students the option of abolishing their activity fees, I also feel that such a decision should be made rationally. The end of mandatory student fees could mean the abolition of all student groups and organizations funded by this money. The. referendum should not arise as a hasty response to a controversial allocation of $200. To the Editors: The position of the SBA directors Opposed to the contribution of SBA funds to the NAACP is a terrific example of the insidious nature of the law school socializing process. The objection to allocating funds for a "political" purpose because "the rules say we can't" shows thinking based on form over substance. Such thinking is great for legal automatons but sadly lacking forresponsible student representatives. If the dissenting directors feel the purpose for the allocation is right they should fight the rules and expose them for what they are worth. Instead they bow in blind obedience and let the system off the hook once more. If the dissenting directors honestly believe that such a contribution is not within the "student interest" we ask them to narqp something more in theinterest of prospective lawyers than lending support to a defense against a racist administration of law. JosephBaiter Kate Andrews Admissions response To the Editors: It was pleasing to see Opinion's Sept. 23 edition acknowledging administrative efforts carried out by individuals in Room 304 O'Brian Hall. The article by Becky Mitchell entitled "Who's who behind registrar's third floor wailing wall?" was timely in recognizing the energies spent in admitting and registering students for the Fall 1976 Monica Dodd semester. This office was especially pleased to note theapparent positive feelings toward Second Year Director the "on-line" drop and add capabilities recently made possible with the.addition of a computer terminal in the Law School. Considerable time and effort were devoted by members of this staff in making thisadded convenience a reality forlaw students. Unfortunately, the above mentionedarticle made no mention of the recent decision that the Office of Admissions and Records assume the full responsibility for Law School registration and Law School admissions application processing. Miss Helen Crosby, Assistant Director of Admissions and Records, assisted by Mrs. Linda Nadbrzuch, assumed these responsibilities in June of this year. It is significent to rjqts.thaf.the^suGcess of the Fall 1976 registration program can be attributed to their conscientious and courteous efforts. To.date, only positive feedback from law students, faculty, and administrators has been heard. It is for these reasons, that the conspicuous lack of acknowledgement of effort put forth by these individuals in assisting the Law School comes as a great surprise to this office. Our goal in assisting the Law School in their admissionsand registration efforts has To the Editors: been to alleviate administrative red-tape that has, in the past, detracted them from their program. It is hoped that these efforts will continue to be as successful as academic principle of the of student control over appalled understanding the lack of at I am evidenced in the registration program and that the Office of Admissions and Records can student funds evidenced by Mr. Citronberg's letter to Opinion carried in your issue of be of assistance to law students whenevercalled upon to do so. October 7. Point one: As a matter of principle, student monies should be completely under the Sincerely yours, control of students. James R. Remillard Point two: The Board of Trustees guidelines leave final approval of the Assistant Director for Graduate disbursement of mandatory student activity fees solely in the hands of the campus Admissions & Special Evaluations president. No appeal mechanism to either SUNY Central Administration or the Board of \ Trusteesis provided. (Ed. Note: Becky Mitchell mentioned the Office of Admissions and Records andrelated Point three: As a former student government president at a SUNY campus, I personnel in her story on the Law School registrar's office. Unfortunately, lack of space learned the hard way that foresight in the student government's characterization of an necessitated an editorial decision to cut Mitchell's story. Therefore, thisinformation was expenditure avoids unnecessary disapprovalsby the campus president. The SBA, once the deleted.) decision was reached to help the NAACP in their legal fight, should have probably provided $200 worth of services rather than call the appropriation a "donation,"whichis clearly in violation of the guidelines. The resolution approving the services should have OPINION also contained an explicit finding that the services being provided were of "educational value" to law students at Buffalo. Then, the SBA would have at least established its Vol. 17, No. 4 October 21,1976 guidelines, the and the burden purposes permissible under Editors: burden with respect to the Cornelia Farley would have shifted to President Ketter to show that the appropriation (of services) was Tanis Reid not permissible under the guidelines. Louise Tarantino Point four: Mr. Citronberg's characterization of mandatory student activity fees as Business Manager: Steve Errante (and to my erroneous. The students SUNYAB at a "tax" by the State on students is Photo Editor: Nancy Mulloy knowledge, every SUNY-operated campus) have self-imposed the activity fees by the approval of referenda. It seems to me that Mr. Citronberg's underlyingassumption is that Staff: Bob Anderson, John Arpey, janBarber, Andy Cosentino,Maria Mossaides, the SBA is so unrepresentative that it should be precluded from action where Kirn Hunter, Bob Sclcov, Jean Graziani, Becky Mitchell, David Munro, John well-intentioned students could disagree. The mere fact that the turnout for SBA Privitcra, lohn Simson, Sharon Osgood, Ted Firetog, Joel Hockett,Dean Silvers, unrepresentative. SBA itself fact, In desirable does make the not elections is far from Patrick Stellalo, Dave Riltenhouse. student government elections at SUNY campuses frequently have a higher percentage Contributors: Jeff Granat, Kathleen Niven, Kastle Brill Photographers: Frank Carroll, Bob Citronberg turnout than off-year elections for state offices. disapproval expenditure of an as Point five: Students should never use a prospective Copyriuhl 1976, OPINION, SBA. Any rcpublicalion of materials herein is strictly prohibited a ground for not trying to make the expenditure. Such a view ignores the principle of without the express written consent ot the Editors. OPINION is published every two weeks, help the whether to Let's make the decision as to of student funds. student control except lor vacations, durinit the academic year. It is the student newspaper of the STate provide the necessary justification to the campus decision and then University our ot New York at .Buffalo School of Law, lohn Lord O'Brian Hall, SUNYAB NAACP Amhcrsl Campus, Buffalo, N.Y. 14260. The views expressed in this piper are not necessarily administration. If this seem devious, it is well to remind ourselves of the frequent student contrary to those ot the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, by administrations campus arbitrary and ivory-lower decisions made Third class poslanc entered at Buflalo, N.Y. Editorial policy of OPINION is determined Citronberg, concerns. for one trust my fellow students with student monies, even Mr. collectively by the Editorial Board. OPINION is funded by SBA from Student Law Feei. Composition: University Press at Buffalo. infinitely more than Ketter and Company. Steven Gerber ■ Gerber: students should control money - I . ~ �OPINION October 21, 1976 3 Wide World of Torts Ask John Dean, or tipsfor young lawyers by John Simson Dear John, I've got a tough case, and I'd like your advice. These are the facts: One Joan, a quizzical science major, was asked out by Maxwell Edison, my client. He allegedly went to pick her up and as she was getting ready to go, a knock came from the door. It was reported that Maxwell's silver hammer came down upon her head, Bang Bang! Then, Maxwell went to school and created a disturbance. The teacher kept him after school to write on the board 50 times, "I must not be so Oh Oh Oh." But when she turned her back on the boy, he crept up from behind,and Bang Bang! As if this weren't enough trouble to be in, when Max was finally picked up and brought into court, he bopped the judge with his hammer. At the time, the judge was admonishing two women in .the gallery, one Rose and one Valeric; but both have refused to testify. • What do you suggest? Dear John, Just wanted you to know that the guys here at Berkeley think you're doing a swell job of advising young attorneys on the make. Just wanted to ask you about two new phenoms out here at the Law School. A bunch of us personshave started a law-oriented rock group, called Earl Warren and the Supremes. Our latest song goes like this: "I met him on a Sunday and my heart stood still, Da Doo Ron Ron, Da Doo etc. Somebody told me that his basis was nil, Da Doo Ron Ron (Allen) Da Doo Ron Ron" We have also set up a Consumer Clinic to teach young lawyers how to change Burger into Frankfurter. Abbie ■ Dear Abbie, .. I think that that sort of stuffis really swell. Right now I'm trying to get out to the campuses myself. Speak to all you idealistic young people. Visit your idealistic young campuses. Love your HarriedDefender in Harrisburg idealistic young money in my pocket. DearHarry, J.D. Make sure Max doesn't have another hammer. Closing Note: I would like to dispel the To Confidential in San Clemente: With rumors that surfaced after my last column your pension who needs a license to■ Simson on Jobs Too. Itiis entirely untrue practice. that my resumes were purposely destroyed. The spokesperson of the office's Remember: How. to Defend Yourself Department of Communications and Against Your Clients (with a foreword by Rejections assured me that they were Sam Peckinpaugh) another booklet for accidentally misplaced, and that I need not -young'attorneys: submitany others. - "' Turn of the Screw Incidentally, the TAP/SUS acronym If Joe Law sounds vaguely like an experience which you have had recently, has been re-scrambled for this year to SCENARIO: To his dismay, Joe Law do not despair. You have not been SUSTA (State University Scholarship for receives his bill for fall semester on misinformed! SUS does exist for law Tuition Assistance). It means exactly the Monday. His countenance immediately students who also receive maximum TAP. same as it always has the combinationof by Chris Carty turns dark and his manner becomes churlish. On Tuesdayj however, his mood improves a hundredfold when he receives his award notice for his Tuition Assistance Plan (TAP) in the mail and he learns he is entitled to the maximum TAP award of $300 per semester. "Ahh, now I am certain to elude vindictive creditors, vicious, unsympathetic landlords, and voracious starvation, at least for a semester," says Joe. "I can count on the $300 from TAP, and $420 from SUS (State University Scholarship). That's $720 toward my bill." Joe virtuously decides to go to the Office of Student Accounts immediately to pay the remainder of his bill. After waiting in line for an hour (at least!), Joe squares his shoulders and proudly steps up to the cashier's window with his TAP notice. He hands the cashier all the appropriate slips of paper and waits while she shuffles all the pieces of paper into piles. After a few minutes, she reports to Joe thathe owes $700 for tuition, plus fees, plus health insurance. Joe patiently he is entitled to $420 in corrects her SUS money because he is a law student. Therefore, he should only pay $280 for tuition. The cashier glares at him over her bifqCals. "Young man, there is no SUS anymore. You have'been misinformed. If there were SUS, we would certainly know about it!" Joe shuffles away, confused and worried. (Dim lights, play violin music). - * - - And, the Office of Student Accounts now maximum TAP and SUS. ! knows that law students' accounts should be credited with $420 in addition to the $300 TAP. Until October 11, the Office of Student Accounts had not been informed of the existence of these funds. However, the director of Student Accounts, William Calhoun, was present at the recent meeting of the University-wide Financial Aid committee where the SUS awards were finally approved. Calhoun assured Charles scholarship W.illin, the Registrar at the law school, that his personnel would be notified immediately of the procedure. So ... the purpose of this long-winded narrative is to assure any law student who has received maximum TAP award that a The National Wildlife trip to the Student Accounts Office will nol be futile. SUS students will now be Federation is offering credited for $720 toward their tuition a scholarship for a automatically upon presentation of a TAP qualified student. Details award notice showing the maximum award. on thisscholarship are AN ADDENDUM: You may have noticed that in my last column I quoted available from SUS as $425, while in this column as $420. Alan Canfield, Room 316 The SUS figure for the fall semester has or Phyliss Blendowski, finally been set at $420 (60% of tuition due after TAP credit), and tentatively set Room 317. The deadline at $455 (65% of tuition due after TAP for application for credit) for spring semester. Four-year law the award is students also will receive 60% of their December 31,1976. tuition after TAP credit. Of course, the spring award could change depending upon the number of students who receive TAP/SUS for this semester. Wildlife Federation offers �OPINION 4 Octnher 1\ Bit o' blarney SBA reprimands... — from expected someone else cont. Legal leprechauns assemble by Charles Murphy & Murphy. i Nominations for officers were entertained and elections were held, the results of which are as follow: James (. "Spike" Duggan, President; )ames ODea, Vice-President; Diane McMahon, Treasurer; Stephen Waterman, Secretary; Charles.Murphy, Social Director and Jeffrey T. Lacey, Seargent-at-arms. Upon ascension to the office, Duggan was heard to remark: "Jaysus, what an honor!" The Association plans to sponsor various acitivities and social events including, but not limited to: speakers, jigs, parties, an mslalLiUiimLulliu^^iuaa^^ * Alice Mann, a second year director who sponsored the motions for reprimand, said of Fertel, "I feel Barry was just kind of dragging his feet. He did not act with his usual speed. He did not push it through this time." Jim SsscVison, a third year director, said Fertel told him he would handle theallocation. Tom Murphy, a second year director arguing against the motion, said, "I just can't see blaming Barry, or even blaming Paul for what he said he would d 0... We voted for it (the NAACP donation), and then we St. Patrick's Day celebration, Monte Carlo night, and, of course, the annual celebration of John Lord O'Brian's birthday. A massive recruiting drive is currently underway. Membership law students, H ethnic origins, members I that anyone to have the Interested led to attend the lie time and place H.*rr ■!;'], ■ .1 unkoaw ttorney unkowto U.S. civil rights unknown ivan der Uyver, [he I aw School oi Potchef strom, an Afrikaans university in South Africa, was a guest at Lord O'Brian Hall last week. At Polchefslrom where he is unkowmeet Fri.; unknownbook sale have been for women law use the small gym in ill, Main Street campus, dnesday from 7-9 pm. ngements ted to Student Law Spouses on has scheduled an ational meeting for 26 at 8 pm in the Law tudent Lounge. $1274.00 were sold at the Law Used Book Mart this fall. who still have unsold the Mart should contact srmer 892-4432 or Louis 68J-3073 to make ents for book pick-ups. ilfl - j^i™ " — ■i| pi :> *^'" ■■■■■ i ji* a, Fertel denied that it is his duty follow through on budget allocations. "Only one time and one lime only, did I become involved in budgetary matters, when we got the bus for the trip to Albany {to lobby for return of the State University Scholarships for law students)... " Fertel acknowledged that he had discussed the allocation with Matthew Melmed, the second year law student who collected money for the NAACP at U.S. Fertel also said he had written the letter to Student Affairs and spoken to an administrator there about justification for the donation. However, he said, "I never thought it was my duty to follow up on budgetary matters." 10 paperwork. Professor Ken Joyce, center, moderates a social meeting of the Irish American Law Students Associationheld October 15. presently teaching legal philosophy and human rightsr van der Uyver focuses on the 1 the ball." However, Director Vicki Edwards said, "I don't think it's the duty of people who voted for an allocation to. go behind (the officers) and say did you do this, did you do this." that the allocation was not a proper use of student monies raised through the mandatory student fee. No money had been forwarded to the NAACP as of press time because the necessary forms and dpcumentation had never been passed an by the SBA to the Main Street Campus for approval. The Office of STudent Affairs must give final approval and allocate any money spent by the law school student government. Some SBA directors who had supported the contribution lo ihe NAACP blamed Lukin and Fertel for not forwarding the necessary The or'gjfw<ilional meeting of the Irish American Law Students Association was held in Ihc first floor lounge September 29, 1976. Although it was difficult to estimate the exact attendance figure, there was a general consensus that the room was inadequate for the purposes of the meeting and therefore it was adjourned and reconvened at 954 Elmwood Avenue, a/k/a, The No Name Bar and Grill. The meeting was chaired by Mr. Charles page to carry by a bare majority in late September. Dissenters then argued Jeff Lacey IQ7fi As to I 11kin, Mann noted a statement that Lukin had made to the Opinion that if Lukin felt directors were trying to get around State University guidelines for spending student mondy by a "sham transaction" he might refuse to sign the required requisition form. "Forgetting about the NAACP," she said, "he could do this, on any issue. It is not Paul's place to refuse. It is his job as treasurer to send in the requisition form. It does not matter if he agrees with the matter or not." . The six directors who voted to dei Uyver, P such a formula would provide According to van each tribal or ethnic group with sufficient political power to insure its needs are not ignored. The success of the present constitutional convention for Namibia will be a weathervane of the viability of this solution. However, the crucial question,'as van der Uyver sees itf is still one of whether or not whiles can be persuaded to give up so much political power as quickly as they differences between the South African and American systems for the protection of human rights. He explained that one major purpose of his trip to the United must. States was to keep abreast of recent developments here, particularly in the area of racial discrimination. While here, van der Uyver had meetings with various faculty members, and spoke to Professor Leary's seminar on international protection of human rights. He explained in some detail the apartheid system of South African and he spoke of various types of detention without" trial in there. Van der Uyver was particularly concerned with the political solution to these problems. He expects to see a black government in Rhodesia in the near future, instituted by factional bloodletting and a large white exodus. reprimand Lukin were: Mann; Edwards, Murphy, Yuhas, Dodd, and Essenson. They are the same directors, who had voted for the contribution to the NAACP. Two SBA members voted against: Gerstman and Citronberg. Kaye and .Fertel abstained. SBA members who voted to Fertel were: Mann, Gerstman .and Citronberg. Voting no were: Murphy and Kay. Those who abstained were: Edwards, Lukin, Yuhas, Essenson and Dodd. reprimand In South Africa, however, he sees encouraging signs of white willingness to accept a multiracial government. In particular, he envisions a type of power-sharing where each group would elect its Professor Johan van der Uyver, left, addressed a group of own representatives who would seminar students, including third-year student Dan O'Donnell. joing together to form a government. Such a formula would provide each tribal or ethnic group with sufficient political power to insure its needs are not ignored. �fV»*»h#r ?1, 1976 OPINION 5 Limits on precedent salvage system in political upheaval by . Andrew ). Cosentino "The Republic of Korea (South) requires political unity, organization, and a strong (because) national leadership survival is threatened ... I regret that some people in the United States are either unfamiliar with thjjse problems or see them simply n terms of (the) present igovernment's dictatorship and its denial of fundamental human jailed by the. Park Regime at one time or another. Defense of such conduct requires persistence, thoughtfulness, and, above all,' firmness. The words above are strong words, indeed —surprisingly strong for a quiet, diminutive man, who works in a small and unobtrusive office lost amidst the clatter and rights." It must take a special kind of courage to defend to a liberal-oriented, democratic audience a government so autocratic as the Park Regime. Most thinking Americans view the repeated trials of the opponents of the regim&as damningevidence of widespread abuse of the legal system that forms an indictment of a national political environment where all former Presidents of Korea or candidates for President, and all heads of opposition parties, have been Prof. MunDal Kirn bustle generatedby the Registrar's Office on the third floor of O'Brian Hall. But, tuckedaway in his cubicle on the third floor, Professor Mun Dal Kirn, a citizen of the Republic of Korea (ROK), impresses all of his visitors as a complex individual with many unseen and unlooked for talents. Kirn came to Buffalo as a part of a SUNY exchange program with Kyungpook National University in Taegu, Korea. The multiple purposes of his visit reflect his broad experience and varied duties in Korea. Having served as a military interpreter and officer'in the afmy, and as an assistant to the Minister of Foreign Affairs of the Republic of Korea, it is not suprising that Kirn, who holds a degree as a Doctor of Laws, has specialized in International Law. The author of many articles and. a book in this field, he is presently investigating legal problems arising from the defense treaties between the ROK and the Beaver Blight What happened to the trees? by Kirn Hunter Rumor has it that the Amherst campus is infested with voracious beavers, giant termites, and woodpeckers with hearty appetites. There may be some truth to the story according to observers who have noted that U/B has always been kind to animals. Why else would the university be the proud possessor of such carefully cultivated patches of tree stumps? Late last Fall, approximately 85 flourishing, tall, green Austrian pines were planted in a triangular strip of land behind the bus stop and in two smaller areas in front of Baldy Hall. The trees did not enjoy their first Buffalo winter. They had a tendency to bowl over in the hurricane-like winds endemic to the area in which they were planted. The prostrate pines were propped up again by proper proprietors, but by September it was clear that most of them would not survive. The lovely green had turned to brown and now only one-third of the trees remain standing. The rest have been reduced to stumps: cruel to go from being an blow Austrian Pine to being an Austrian - stump. One of the friendly elves in the Amherst campus maintenance department indicated thatseveral factors probably contributed to the demise of our green friends. One was certainly the wind. Another was the timing of the planting. Spring is generally the best time to plant. This gives the trees a chance to take root before facing the difficulties of winter weather. The gnome also mentioned that the roots of the pines may not have been properly prepared for planting. He said that this type of pine had been planted elsewhere on the new campus and there have' been no problems with the trees in other areas. It appears that the Baldy-O'Brian wind tunnel is not fit for person nor tree. Relatively few of the Austrian pines planted across from Baldy and O'Brian remain standing. The cost of planting these trees was not available from maintenance, but a survey of local nurseries revealed that 2 to 4 foot Austrian pine seedlings run from $25 to $50. It's safe to assume that the trees planted in front of Baldy and O'Brian cost a great deal more since they were at least 8 to 10 feet when planted. Also, costs rise at a significant rate when larger trees are bought since they must be tended for a longer period at a nursery and transportation of larger trees is difficult, and expensive. Speculation on cost has run anywhere from $250 to $500 per local contractors with low bids who thendo the planting. Anyone who frequented the Baldy-O'Brian area last year had to be aware of the violent winds in the vicinity. In spite of this, the trees were still planted. However, all is not lost. New Austrian Pines will be planted in exactly the same spots next spring. To some, it might seem heartening to see that the planners have learned their lessons well from past experience. If at first you don't succeed, plant, plant again. There are those who have pine. It has been difficult to pin the become rather fond of the responsibility for the botanical stumps. It would be a shame to disaster on anyone. The general See them go. Removing them architects for the Baldy-O'Brian would be clear stump complex are Harold Weiss, from discrimination. Litigation should Chicago, and Anthony Carlino, be started as soon as money for from Buffalo. It is not clear who the project can be obtained from the SBA. Then maybe an answer the landscapearchitect was. would be forthcoming to the age-old department question first asked by maintenance The source did say that feasibility Justice Douglas, in the SCRAP studies for landscaping were not case: Do Trees have standing? It usually done. Plans are madeand should be well-settled at least that the jobs are awarded by the New two-thirds of the ones in front of York State Construction Fund to Baldy and O'Brian don't. United States which serve,as_the basis for the continued presence of U.S. armed forces in Korea. As Director of the Law Library at Kyungpook National University, Kirn expressed great interest in the law library at Buffalo, and is collecting materials to augment his own library's collection. Finally, as a member and immediate past Chairman of the Ky v ngpook University's Law Faculty, Kirn is well-qualified for his task of studying the case method approach that is used for teaching law in the United States in the hope of finding means for adapting it to Korean use. Our talks focused upon differences in the legal and educational systems of our two countries. Kirn said he has great admiration for the physical plant of the Amherst Campus ("There is nothing like this in Korea.") and Criminal justice program — cont. page 6 Seniors submit articles for journalpublication enroll in a mini course on research methodsand statistics. The criminal justice system in In the fall of a student's second American, in the view of many, is year, a seminar on "Field characterized by neglect and Research in the Criminal Process" inefficiency. Efforts at is offered which is devoted to improvement have been analyzing the full scope of all undertaken by lawyers acting research conducted during the both in their, traditional capacity summer and to writing up each as advocates and judges and in student's research findings. In the Program's first year of their newly developing roles as policy-makers, researchers and operation, several studies were administrators. To prepare conducted and four articles lawyers to contribute to these written. Stewart O'Brien, Steven efforts, the Law School has Pheterson, and Michael Wright developed and implemented a wrote a paper based on their three-year program for those law study of criminal lawyers from -students who wish to acquire an the defendants' perspective. in-depth understanding of the Kathy Cox and Flora Miller have criminal process in anticipation of recently completed their work on careers in either the conventional the effects of the change in New York's corroboration requirement or developingroles. The Criminal Justict Program, in rape cases. Karen Rebovich which was initiated in early 1975, spent her summer analyzing the is funded under a training grant plea bargaining process and has from the National Institute for written an aricie based on that Mental Health. It is designed to study for. the Buffalo Law provide law students with the Review. Ron Eskin's article understanding and skillsnecessary concerned his study of judicial to participate effectively in the criteria for establishing youthful criminal justice system and to offender findings in discretionary acquaint the students with the cases. With the exception of problems underlying the system. Rebovich's article, each is Formal participation in the awaiting acceptance in major Program begins in the student's socio-legal journals around the first year. After students have nation. The Program's second year of successfully completed the fall course in 'Criminal Law/ they operation began this past summer. may take "Perspectives of the Twenty-one students designed and Criminal Process," which offers a conducted fifteen separate description and analysis of the studies. The topics range from the criminal process. In the spring role the rehabilitative model plays semester, students are offered in sentencing to an analysis of a pre-trial diversion program. Criminal Procedure I. In the second semester of their The central feature of the Program is the period of field junior year, students are offered observation and research on the an op portunity to actually criminal process as it exists in participate in the criminal justice Western New York. This research process by interning with a local is conducted during the summer defense attorney or prosecuting between the first and second year agency. In the past, students from under the supervision of the the Program have worked in Program's faculty members. Each various capacities in the offices of summer the Program enlists the the Erie County Attorneyand the aid of highly-respected researchers New York State Attorney in the field of criminal justice General. The Criminal Justice from outside this University. In Program's students are also the past, Michael Lowy, Ph.D., offered a place in the law school's University of Pittsburgh, and clinical program. This course, Maynard Erikson, Ph.D., available in a student's senior University of Arizone, have year, allows students to gain experience in the actual fulfilled this role. representation of clients. Each year 20 to 25 students In November, the program will are accepted into the Program. A hold a- number of orientation limited number of stipends are sessions for first-year students to available to support those give them mm v. detailed students who are selected during information and answer any their summer's research. questions individual students Acceptance into the Program and might have. The time and place of the award of stipends are based on these meetings will be posted on the quality of student's proposal the bulletin board outside of the for a research project. Students Criminal justice Office, which is selected to do summer research located in Room 511. by Stewart O'Brien �fVtnh»r ?1 IQ7fi opinion 6 $25.00 floating Frosh profile released Faculty considers acting by Jane Mago The law faculty held a brief meeting Friday, Oct. 1 in the faculty lounge. The agenda for the meeting consisted of (1) a report fro m the Mitchell Lecture Committee, and (2) an information report from Dean Hcadrick concerning administrative changes and the library situation. In addition, there was a brief discussion of funds available for student-faculty work programs. Professor Howard Mann, chairperson of the Mitchell Lecture Committee, made a brief appeal to his colleagues requesting that names be submitted for consideration as next year's Mitchell Lecturer. Henoted that a memo would be circulated pursuant lo that theme. The Mitchell Lecture Committee is responsible for the arrangement of guest lectures to furtheracademic endeavor in the law school. The program is financed through a trust fund created for that purpose. Each year's Mitchell Lecturer visits for three days and publishes an article, based on the lectures given, in the Buffalo Law Review. This year's lecturer, Rudolf Schlesinger, will be lecturing on Comparative Criminal Procedure. The committee is also responsible for a number of one-day Mitchell Fellows and invites recommendations of specific persons from any field, activity or endeavor. Any student suggestions for committee consideration should be written and placed in the Mitchell Committee Lecture representative's mailbox in the SBA office. Dean Hcadrick then circulated copies of a memo to Dr. Ronald F. Bunn, vice president for academic affairs, which outlined three administrative changes effective Oct. 1. Convinced by a "build-up of unsolved problems" that further delay in tilling the position of associate dean, vacated by Robert Fleming, would be harmful to the law school, Dean Headrick has tapped Professors Wade Newhouse, William Greiner and Barry Boyer as Associate Deans of Law and Jurisprudence. As indicated in past issues of Opinion, Newhouse will have primary responsibility for the library, Greiner will handle a one year term to deal with student academic problems and planning, and Boyer will succeed Greiner in curricular planning, teaching assignments, course offerings and f&LSA will hold its first annual Law Day Saturday, Nov. 6. Keynr •• speaker for the event will be Haywood Burns, who formerly taught at SUNYAB Law School and who is currently a professor of law at New York University. Burns was active in defense work for Altica inmates while in university library system. Though the President of the University has expressed tentative approval of the separation plan, implementation at this time is dependent upon the simultaneous separation of the Health Sciences Library from the central structure. Dean Headrick reported that he had continued meetings scheduled, however, currently the issue is in a state of limbo. A final question from the faculty inspired a brief discussion of the availability of funds for facu It y-student assistance programs. Dean Headrick reported that $25,000 "found" in the scheduling responsibilities. Dean Hcadrick then focused University budget, for that his commentary on the law purpose had not yet been assigned library. He described the current a line number, but would be between available for use soon. stale of negotiation Statistics on the class of 1979 have just been released by the law school administration. The classis composed of 243 students, including 85 women, and 16 minority students, 6 of whom are women. The class of 1979 is somewhat smaller than the second and third year classes, which have 274 and 262 students respectively. The only significant difference in the composition of the first year class is the increase in the number of women to 85 as compared with 62 and 68 presently in the second and third yearclasses. The median (mid-point) grade point average (GPA) is 3.49 and the median LSAT is 617, which are comparable to those of the second and third year classes. Average GPA's and LSAT scores arc not yet available. Typically, the majority of the first year student* are from the Western New York area, although in the past two years, there has been an increase in the numbers of students from other areas of New York as well as from out of state: WNY 3d.yr. 188 wd.yr. 170 Ist. yr. 128 . other NY 72 98 103 124 students in the class of 1979 come from undergraduate colleges and universities within the SUNY system, 58 from SUNY at Buffalo, with the remainder coming from 78 other undergraduate schools. Judge for yourself Where do the hours go? Thelaw schoolhas taken on a certain timelessatmosphere with clocks removed from first floor classrooms. Student queries as to the reasons behind the disappearance of lime abound; is it an energy-saving device, a time-saving device, or a ploy to keep attention focused on the front of the classroom? Th^la^k of time js especially notable during exam periods and students hope the clocks will be replaced, in time. judicial candidates from the Buffalo area for Family Court, City Court and Supreme Court will be available to answer questions on issues pertinent to women at the Unitarian Church, Elmwood and Ferry, Tuesday, Oct. 26 at 7:30 p.m. Sponsored by the Association tif Women Law Students, National Lawyer's Guild, NOW and the League of Women Voters, the )udioial Candidates Night will focus on such areas as wife battering, husband/wife rape and custody. Questions should be submitted to the AssociationofWomen Law Students, Room 509 O'Brian, before the day of the event. Kirn explainsrelationship of South Korean law and politics continued from page 5 BALSA sets first annual law day November 6 himself and University officials relative to the separation of the law I Ibrary from the central that he is just short of amazed at the size of our legal collection. While Taegu, which is the third largest city of Korea and in the populous southeastern portion of the Korean peninsula, has many schools, he explained, none are as large as SUNYAB, and the total number of law students at Kyungpook is less than the number of first-year students here. The Korean legal library system is far from primitive, Kirn said, but much smaller than its American counterpart. Its greatest weakness lies in the fact that Korean legal periodicals are nearly non-existent. Two major differences between the study of law here and in Korea stand out in Kirn's mind: the lecture system, ralher than the case method approach (which he prefers and intends to introduce upon his return), is jhe basis for legal education in Korea; also, rather than existing as a separate departmental discipline, law is generally taught within a department of law, political science, and another social science „ teaching methods have allowed There is much unnecessary hard and the lecture1. system to endure work in interpreting unchallenged until now in Korea. applying precedents in the The willingness to teach law A n glo-American system, Kirn together with related disciplines observed. rather than as a field apart is But considering the political probably a ramification of the and social atmosphere in the existence of a civil law tradition in country, isn't this very flexibility Korea, far different from the a danger to Korea? common law heritage of the ... — United States. In comparing the stability of the two systems generally, Kirn said he would opt for the Korean system. "In common law-;.. legal cases are settled by applying precedents which are changed a little in interpretation so as to be fit (concrete for Buffalo. application) and (a) new statute The theme of ihe Law Day is Twill be supplemented or "Black Americans and the Law." substituted for it ... (only if) a Events will run from 10 a.m. to 4 precedent is extremely unfit for p.m. and will include workshops (the) present situation ... In this on varied subjects such as job sense the Anglo-American law opportunities, black women and system (is) more stable than (the) the law, and preparation for and continental system,"Jie said. application to law school. He contrasted this with the is the open to The Law Day Korean civil law. system, in which public and all area colleges and legal cases ace settled with a community groups have been emphasis upon greater invited to attend. Through the interpretation of written codes Law Day, BALSA hopes to than prior legal decisions, noting establish a liaison between the that there was far more flexibility Law School and the community, (usually economics). in the Korean system, since the extend recruitment of minority agreed suggestion Congress could always with a National Kirn individuals, and disseminate rable cultural attitudes change the laws and quickly effect information to-the community that 'towards authority and traditional sweeping changes when necessary. and students. ... ... Is the civil-law system of Korea more likely to be abused by the governmental authority than the common-law system? Does a civil-law system really still exist in S. Korea in light of the (apparent) ability of the Park Regime to do whatever it wants, to rule, in effect, by — decree? In other words, Kirn was asked, does a system of laws still exist or does the arbitrary rule of a particular clique determine a system which is highly stylistic and not very substantial? Since laws, administrative decrees, and the like are reviewed by both the Constitution Committee and the Supreme Court, independent of the Government, there is a real check on governmental abuses of the legal system, Kirn argued. "Koreans enjoy considerable .liberty," apart from Government decrees and regulations, "designed . to secure economic growth or to promote national security." This, he emphatically holds, is a valid exercise of governmental power, because the one cannot be had without the other. The position that there is no abuse of the legal system by the government hinges on Professor Kirn's firmly held conviction that "when national survival is threatened every democracy has argued that certain individual -rights must be sacrificed to win the war." Kirn's view of the military and political situations on the Korean peninsula buttress this observation: .. ... "The Republic ofKorea (ROK) is engaged in a defensive waragainst the North. That the North intends to unify Korea under absolute communism by military force or subversion is clear from its actions: its invasion of ROK in 1950; its tunnels under the DMZ through which troops couldmove behind the ROK'sdefense fine, its guerrilla teams sent into theROK; and the recent Panmun/on accident in which two American officers were killed (are evidence)." Professor Kirn stands' statement that the by his situation requires strong, firm leadership; that instability will bring disaster. �October 21 IQ7fi orif.'ior; 7 Alumni events reflect scattering of grads New York City-area alumni of SUNYAB Law School will gather during the State Bar Convention in January, according to Placement Director Jay Carlisle. The Jan. 28 luncheon is just one of the many alumni get-togethers held each year in such varied spots as Los Angeles, Washington, D.C. and Buffalo, Carlisle noted recently. In May of 1976 aboftt 250 U.B. alumni participated in the On September 17, 1976 Relations Board in Washington, Carlisle and U.B. Alumni D.C.; 'David Arcson. IRS in Washington, D.C.; Sicphcn Axclrod, Myron W. Siskin, P.C. in New York; Wallace Baker, Hatter, Sccrest & Emery in Rochester; Jessica Bolsford, GAO in Washington, D.C.; Michael Cdl abie se an d Ken Wasch, Interstate Commerce Commission in Washington, D.C.; Jerry Can, Frank, Bernstein, Conoway & ■ 19741: Paul Friedman. (II R Goldman in Baltimore, Md.; Glenn Day i b, Dep t. \of Investigation in New York City; Mall Campionc, IRS in Washington, D.C. Also, Florence Dct in, Polelli, Frcidin, Prashker Feldman & Gartner in New York; Ruth Dicker, John Fargo and Loci |acobs, Departments of Justice in Washinuion. D.C: Louis DiLorenzo, Bond; Shoencck & Bill King in Syracuse, N.Y.; Ernsthafi, Appellate Division in Washington, D.C. Alumni Party at the Cosmo^Club^^f^l^ight: Rochester; Kenneth Forrest, Judge {-ouis Spector, Assit. Dean jan C. Carlisle, and U.B. Alumni Wachlell, Lipton, Rosen & Katz in President Robert Fine. New York; Patrick Gaura, Bell & first annual alumni spring reunion. 1968); and Ed Koren (U.B. 1973). Young in Las Vegas, Nevada; Alumni from California, Ohio, The increase of alumni events Stephen Gicil, Wayne Slate Law Maryland, Virginia, Florida, outside of the Buffalo area is a School in Detroit, Michigan; Sam Washington, D.C. and New York reflection of the large number of Kazman, Pacific Legal Foundation spcnl a full day at the law school recent law graduates who are in Washington, D.C; Kenneth where they attended continuing obtaining positions outside of Krigslein, Montana Human Rights education classes taught by U.B. Western New York, Carlisle said. Commission in Helena, Montana; faculty members. Among those members of the Alan Lamer, Baltic, Fowler, A special luncheon was hosted Class of 1976 who have obtained Lidslone, )affin, Pierce and Kheel by co-chairmen ) ames Denman such positions arc Howard in New York City; Arthur Levy, and former, dean, Richard Achlsam, National Labor Arthur Anderson & Co. in New Schwartz. Past, American Bar Association President Lawrence Walsh presented Edwin jaecklc (U.B. 1915) with a distinguished alumni award. In July Carlisle, while oh yac.aljon in California, hosted a special reception tot some or the 36 U.B. Law Alumni in Southern California. Among those on hand were Richard M. English, (U.B. 1953); Harold Somers, Jack Waldow, (U.B. 1939); Michael Kargcr, William" A. Nicse, (U.B. 1961); Uck R. Becker, (U.B. Class of 1941 at the Buffalo Club. Included in the picture are tormer I960); David Jadd, (U.B. 1975) dean, Richard Schwartz, Professor Adolph Homburger, Al Mugel, and and Ken Kazdan, {U.B. 1976). Jay Carlisle. president, Bob Fine (U.B. 1968) hosted a coclail reception for Washington, D.C. alumni .n ihe Cosmos Club. Among those in attendance were Judge Louis Speclor (U.B. 1940); Henry Rose, (U.B. 1951); Paul Gonson, (U.B. 1954); Gordon Grant, (U.B. 1956); David Jacobson, (U.B. 1974); Anthony Illardi, (U.B. comparison, Schlesinger sajd. , Schlesinger elaborated on the problems of a defendant's refusal lo testify al trial. In the American system, according to Schlesinger, a defendant is advised by counsel It) make no statements to the police under any circumstances and lo remain equally silent at trial, especially if the defendant has a prior criminal record. In 'continental civil law countries, on the other hand, .1 defendant is encouraged to testify. In fact, a defendant's silence may be taken as corroborating evidence of guilt, He also noted lh.it in West a defendant must announce his refusal lo answer in open court rather than passively remain silent. Schlcsingcr also said that in civil law countries a defendant's taking the stand does not open ,lhc door to evidence of his prior convictions. Since this information cannot be elicited, a defendant need not worry that his taking the stand will prejudice his case, Schlesinger said. He noted also that a defendant is nol under oath when testifying. Schlesinger said therefore, thai perjury convictions of defendants do not exist. Additionally, since a defendant has already testifled before a magistrate at a pre-trial examination, with this testimony becoming part of the record admissible at trial as substantive c v id c nee in the event of inconsistent statements, Schlesinger said a defendant's veracity was, to some extent, assured. Schlesinger noted several other aspects in which the civil law diverges from the system Germany, ' ReunionCocktail Reception in the Law SchoolLibrary Federal Defender Association in Philadelphia, Pa. Also, Dcbby Schwartz, Trubin, Sillcocks, Edclrrun & Knapp in New York City; Judy Sinclair. Wynne & Jaffc in Dallas, Texas; Robin Skinner, Hon. John J. LaFdlce in Washington,' D.C.; Ben Slonim, Stanford Law School in Palo Allo, California; Howard Solodky, Appellate Division in Albany, N.Y.; Charles Spiegel, University ol Kentucky Law School, Lexington, Ky.; Alan Straus, Touchc, Ross & Co., New York City; David Weber, Samuel Goldcnberg, Esq., in Milwaukee, Wisconsin; Mitchell Wilcnsky, Siben & Siben ifi Bayshore, N.Y.; Brenl Wilson, NLRB in Atlanta, Georgia; Charles Wilson, Federal Aviation Commission in Washington, D.O; and Franklin Zweig, Senate Commitlec on Labor & Public Welfare in Washington, D.C. Carlisle reports placement trends Half of the 1976 SUNYAB Law School graduates responding 10 a Pl.iccmcni Office survey have found jobs, according lo Placement Director Jay Carlisle. Ahoul 94 percent of 1975 graduates and 92 percent of 1974 graduates have been placed, American process, including according lo sl.itislics released non-jury trials, absence of recently by Carlisle. technical rules of evidence, civil "Placement of U.B. law servant magistrates rather than elected judges, non-bifurcated graduates has traditionally trials (questions of guilt or occurred after our graduates have completed their legal studies and innocence and sentencing handled passed the bar," Carlisle said. "As in the same proceeding), and the the SUNY Law School has absence of a grand jury. become a national law school, In 'his closing remarks, and more of our graduates Schlesinger warned that more obtained positions with large "wholesale adoption of ihc civil have firms and government agencies. law system is not' feasible," but This means that many more of that a practical lesson could be our ] unc graduates obtain learned from compai ilive employment early in their ihird obcrservalion. year," he said. He emphasized the primacy of Carlisle, who was recently truth and truth seeking in a criminal procedure system and appointed vice-chairman of the recommended "rethinking and New Lawyers Committee of the rcclassifying every rule as truth General Practice Section of the American Bar Association, has seeking or truth defeating." "If this is undertaken," he traveled in recent months to concluded, "our system will Washington, D.C. and to New become more rational, more York City wherehe visited 28 law efficient and more just very firms and eight government different from what il is today." agencies. Although most of the firms are In addition to his formal lecture, Schlesinger^ met with large ones, which Carlisle faculty to answer questions and admitted hire few SUNYAB law also addressed a Conflict of Laws graduates, he said be considers such contact essential. "If we are class. Schlesinger compares legal systems continued frompage 1 civil procedure," Schlesinger remarked, "but has been slow in taking the blindfold from the eyes of the criminal defendant." In order lo counteract abuses of unlimited pre-trial discovery often cited'by American lawyers such as possible bibcry and incapacitalion or disappearance of prosecution witnesses, Schlesinger. recommended allowing previous statements of witnesses as substantive evidence al trail. As a final major topic of Alumni York City. In addition, )ohn McCllliard, Dcpl. ot Assigned Counsel inTacoma, Washington; Richard Miller, Amswiss Int.-, Corp. in )crsey Cfly, New Jersey; Gary Norgaard, Legal Aid Society in D.iyion, Ohio; Lauii Shalsofr, Cook County Legal Assistance Found.ll ion in Chicago, Illinois; Polar Plait, Bradham, Lylc, Skipper & Cramer in St. Petersburg, Florida; Sandy Prcsanl, SEC in Washington, D.C.; Gene Rcibsicin, Brooklyn District Attorney in Brooklyn, N.Y.; Jame^Rice, Sun Chemical Corp. in Ft Lce^ New jersey; Barbara Rynikciy 'U.S. Cuslon Court in New York City; William Scheurer, Hon. Stanley- Bedord, Newark, N:).; Marc Schiller, -Cravalh, Swainc & Moore in New York CityrJeH" Sehntpper, Economics Dept. ol Ruigcts College in New Brunswick, N.J.; Fern Schwaber, lo increase our numbers (<il these firms) someone on the faculty and/or slaff must gel out and spread ihc word about our law school," he said. "In New York City, five 'name' partners of a well-known law firm spent one hour with me talking tihoul the law school. Thai's over $750 of billahlelime for ihat firm jusl to hear about SUNYAB Law School," he said. "Many of Ihc questions asked of me indicated thai the law firm had absolutely no idea of what our school is. I explained the school, its grading system, its faculty and student body and so on. Now this may IcaO lo a job this year of next for one of our students but of additional importance is the facl that these men will be able lo spread the word elsewhere aboul the law school and the carry-over value will benefit many other students who are nol just looking for a job with a big firm," he said. Carlisle has been holding seminars for firsl, second, and third year students lo discuss ihc status of the job market. They will continue through October, every Tuesday from 1:00 2:00 p.m. in Room 107, he said. Students who are unable lo attend may come to the Placcmcni Office for similar sessions Tuesdays and Thursdays from 5:00 -6:00 p.m. �OPINION 8 October 21,1976 Legislation project members testify on blue laws "There are now 26 states with no Sunday sales laws in effect. Ten of these stales have either repealed or invalidated their sales laws in the past three years. The Connecticut courts invalidated new State Sunday sales laws only a few weeks ago. There seems to be a definite trend away from blue laws in the area of sales." That's what SUNYAB law student John Arpey, testifying on behalf of the Buffalo Legislation BLP member Kirn Hunter. say to the New York State Commerce Committee hearing on the blue laws Oct. 12. The hearing, held at the Donovan Building in downtown Buffalo* and otherslike it around the State are being sponsored by the Commerce Committee so that the Legislature in Albany can get public feedback on the Project had to desirability of Sunday sales bans. At present, New York does not have such laws because the old sales bans were struck down last June by the Court of Appeals. In its efforts to draft new legislation, the Commerce Committee has asked the BLP to examine the sales laws of other states and to make some recommendations for new New York laws. The Committee also asked the BLP to present its preliminary findings at the Buffalo hearing. In addition to Arpey, Alan Gerstman, BLP editor, and Kirn Hunter are working on the project for the Committee. Arpey also noted in his testimony that new Sunday laws would be very hard to draft since the Court of Appeals had set. such high standards. The BLP has found few provisions in other states that would be rational or clear enough to meet the constitutional requirements established in the Court of Appeals decision. Assemblyman Saul Weprin chaired the hearing. Assemblyman William Hoyt from Buffalo and Assemblyman G. JamesFlemming also attended the hearing as members of the Committee. State Senator James Friffin of Buffalo also made an appearance and testified before the Committee. Hispresence attracted most of the Buffalo media to the employees, the limited profits, if hearing. Friffin has-been holding any, available from Sunday sales blue law hearings of his own and the possible detrimental locally and said, "Seventy-five per effects of a seven day selling week cent of those who attended my make blue laws a necessity. hearings support Sunday Without them, many stores will be closings." He stressed that a forced to open on Sunday in common day of rest was essential order to remain competitive. to the survival of the family and "Mom and Pop" stores may be society a common theme driven out of business if they lose throughout the hearing. He has off-hours sales and are forced to recomrrrended that New York compete with major stores. adopt Sunday sales laws similar to On the other hand, consumers those recently enacted in Ontario and suburban discount chains which include a severe $10,000 would seem to gain from Sunday fine for any sates violations, the sales. To the consumer, Sunday BLP has not studied this law as of buying means convenience. To the yet, but on cursory examination discount store, it means profits — from the buying public who find it easier to shop on Sunday and who wish to pay less for merchandise. These policy considerations and the standards of the courts will make new blue laws difficult to draft. The BLP will continue to study the problem and plans to submit a report and, hopefully, a draft of new Sunday sales laws at the end of the semester. The Committee members said they were impressed with findings presented by the BLP at the hearing and expressed great interest in the forthcoming final report. the law looks like many others except for the stiff fine provision. Among the 15 other persons testifying were a local employee, a clergyman, a consumer and several representatives of major local department and grocery stores. Notably absent from the meeting were representatives of the unions, who generally favor blue laws, and spokespersons for the chain discount stores, who oppose such laws. These groups wilI probably be represented at the hearing to be held in New York City Oct. 26. Overall, it appears that most businesses in Buffalo would like to see blue laws of some kind re-established. Merchants say that overtime costs for Sunday Membersof the intramural football "Rush", made up of second year students, holds a pre-grame warm up. Skylon marathon " "Feets don't fail me now.. by Susan Hogan Gene Rauhala, Dave Clegg, Charlie Finger and Jim (Zeck) "26 miles is a LONG way!" as Zee kh auser ran their first one runner put it, but six law marathon in the year's Skylon. students ran that distance in last Gene explained that training for Saturday's third annual Skylon the marathon was a "new challenge." International Marathon. The 26 mile Skylon marathon The Skylon Marathon began at 12:30 P-m. last Saturday in was over for each runner after two 2 6-mile, Delaware ParK. The and one-half.. or three. or 385-yard course extended from four. or more hours of running, the Albright- Knox Art Gallery but there was a tremendous across the Peace Bridge, along the amount of physical and Niagara River to the Skylon psychological preparation before that one event. Most of the law Tower at the Horseshoe Falls. There were over 1100 entrants, school's marathon runners (Dave including 49 women, in the Clegg's two-week crash training marathon, ranging in age from 8 excepted) trained for at least the to about 66. Based on the figures last few months by running 65 or from last year's Skylon, 85% of more miles a week, in various all daily distances. Gary Newton has the runners finish the race 26 miles and 385 yards! been running 10 miles a day since any mid-August Charlie Finger ran wonder WHY You may "reasonable person" would even nine to 12 miles a day, but he consider running such a race. In takes one day off a week. Al response to the question, Fielitz ran 100 miles a week at second-year student Gary Newton varying distances each day, but he replied, "I'm a masocbist." Gary, does that all year 'round! who is a 'veteran of last year's In running a 26 mile race, marathon, explained that running "veterans" Gary Newton and Al something he had Fielitz explained the first 18 or so a marathon was always wanted to do. For many miles are "enjoyable." At about runners, a marathon is the mile 18, however, marathon ultimate personal challenge, not runners "hit the wall," meaning to compete against others as to they reach the physiological point prove something to yourself. where their bodieshave run out of Al Fielitz, the "fanatic" of the sugar to use as an immediate law school runners (he has run in source of energy, and the rest of Buffalo when the wind chill factor the race is run practically on sheer was 54 degrees below 0), is a momentum and whatever strength veteran of three marathons, last is left. During the course of the year's Skylon and two Earth Day race, after six miles, the runners Al, were given "Gatorade" or "ERG" Marathons in Long Island. high (Electrolyte Replacement who's been running since competitive Glucose) to help maintain that school, has a very running, long energy supply, but "hitting the distance interest in expressing a desire to improve as wall" is inevitable. In training for the Skylon much as possible and noting the incredible feeling of running to Marathon, and in just running for many of the runners pleasure, the limit. push himself to . . . . dispelled any notions of a long distance runner's "loneliness." Some, like Gene Rauhala and Al Fielitz usually run alone, but most of the runners did run with other people some of the time, or trained in Delaware Park. Park runners are very sociable people, explained Charlie Finger and Gary Newton, who have seen such "notables" as Judge John Curtin, Professor Robert Gordon and Jay Carlisle running in the park. Marathon runners may be thought of in terms ranging from "crazy" to "amazing," but accepting the challenge to run 26 plus miles must at least be - "The Columbian Budsmen" defeat a first year law team, "The Law Reviews", 7-0. - — respected. Third year students Seth Zimmerman (far left) and Rick Greenberg (right) helped their intramural team, Classifieds Peter Bellamy and Vln English pub and songs Friday October 22 and presents Gar belt t singing drinking weekend of November 12 and 13 Utah will perform at the Friday at the Elllcott Complex and Saturday at the Main Phillips coffeehouse, Thirdyear students Dave Ciegg, left, and Gene Rauhala, prepare for theirafternoon jaunt. Street Campus. FOR SALE .— Snow tires (7.35 x 14) on rims. Good condition. For Novas, , Camaros, Firebirds, etc* Call 691-726? after 5. FOR SALE — — Shur microphone mixer. 5 channel Input. $20. Also 1 pr- Head 320 skis w/Cubco, $20. 1 pr. Vok II Metal/glass never used. $30. Cal) Jim 636-5521. - FOR SALE Convertible. Power Ford Mustang everything. VB. 289 cub. 60,000 miles. $350 or best Offer. Jim, 836-8425. JOHN SIMSON will be appearing at Wine Cellar in Northtown Mlndy's Plaza, Oct. 21-23, Oct. 28-30, and the Library on Nov. 6 Bailey Aye., — at Nov. 2 and — now for bar/bri Bar Review course winter or summer exams and get a $75 regular price' $275, discount discount price $200. Discount period •ndt Friday, Nov. 12. ATTENTION — llgn up — The field of marathon runners, which included six law students, leaves Delaware Park area. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-10-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/21/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4921a6433467edb34ed63df6a8354af3.pdf 840a930e0c9560d98cb778755a37ccbc PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 State University of New York at Buffalo School of Law Volume 17, Number 5 Fenton lecturer speaks on children SBA president questions Law Review allocation don't give decent houses to the migrant workers," concluding, "There is blood on my father's hands." Coles related how the whole social mechanism was activated by by Robert Selcov the boy's behavior: school psychologist reports content of An allocation to Buffalo Law composition to the boy's father; Review editors from a special "treatment" is suggested; boy fund designated for studentneeds .-■ continued on fjuge eignt has recently drawn criticism from because they Appointments attempt temporary solution Robert JeanGraziani Coles, M.D., the way in which a child's political perceptions are treated child by society: psychologist, author of the A Southern multi-millionaire Pulitzer Prize-winning Children of grower employed large numbers Crisis, gave the annual Fen ton of migrant workers in "labor Lecture in the Law School's Moot camps," where the working areas Court Room last week. Coles, and living quarters of the migrants research psychiatrist at Harvard were guarded by truckloads of University's Health Services, is armed men. also a poet and literary critic with The grower's ten year-old son a biography on William Carlos started asking questions like, "Why are there guns on those Williams to his credit. Coles, defining his orientation trucks?" and "Why do migrant as that of a scientist-humanist, workers get thrown in jail by the spoke Oct. 27 about the sheriff for being sassy to the relationship of young people to foreman?" Then the boy wrote a political authority. He told what composition for school stating he said was a true story indicating that the "growers are bad people Mabel jepson, associate librarian and Louise Tucker, reference librarian, have been named acting co-librarians at the SUNYAB Law Library. Jepsonand Tucker were named through the joint recommenda- tionsof Eldred R. Smith, director of the university Libraries and Dr. Thomas E. Headrick, dean of the Law School. A Search Committee for a permanent law librarian will be named in the near future. As co-librarians, jepson and Tucker will oversee the operation of the Law Library which serves 420,000 UB students, faculty and practicing attorneys throughout the area. The 210,000 volume library opened in 1973. Judicial candidates Pre-election session addresses women's issues by Alaine Espenscheid Newly-elected Supreme Court abuse, Ange emphasized that justices Irving Fudeman and "protective orders are a joke," William Ostrowski were among that a change in the law is needed. judicial candidates Ange favors evening and the participating in a pre-election weekendsessions of Family Court discussion on October 26, sponsored by the National Lawyers Guild, NOW, the Association of Women Law Students and the Unitarian Church. Addressing themselves to women's issues in the area of family relations law, the candidates discussed specific questions concerning wife abuse, matrimonial actions, child custody and support enforcement. The judicial hopefuls focused on the procedures involved in resolving family disputes including the speed and effectiveness of remedies available. Grace Marie Ange, candidate for Family Court Judge, commented that in a child custody determination the only matter to be consideredis "what's best for the child" on an individual basis. Concerning wife November 4, 1976 Student funds available? Library problems by Opinfan John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 enforcement proceedings were "inadequate as hell." Commenting on changes in the law as a result of the women's movement, Fudeman pointed to the increase to make the court more accessible iin marriage contracts as an indicationof more equality in the to people. Two candidates for City Court marital relationship but cautioned judgeships, Barbara Sims and ! against the break-up Of the family Maryann Freedman, also answered structure. questions. S ims encouraged Ostrowski did not see any women to become more involved possibility that the New York law judicial the She in process. expressed the feeling that less The American College of attention should be paid to victimless crimes such as Legal Medicine is now accepting applications for the homosexual marijuana possession, 1977 Let ourneau Award, behavior and prostitution. Describing jail as a "zoo for presented annually to the people," Freedman suggested outstanding paper on legal alternative sentences be made medicine written by a law available and called for a student in an accredited $250 cash comprehensive study of New program. A and consideration York's sentencing and parole honorarium publication for the Journal in system. Candidates for State Supreme of Legal Medicine are made to Court attending included George the winner. Deadline: January Blair, Irving Fudeman, William 31,1977. � � Ostrowski and Thomas McGowan. The Association of Trial Blair noted theft the support ' * would recognize the crime of rape by a husband against a wife and cautioned against the use of pro se default divorces. The question and answer session provided the 60-70 people attending an opportunity to evaluate the candidates on their attitudes toward women's issues and the seriousness with which they approached their ■esponsibility as judge if elected. Lawyers of Americaoffers the Environmental Law Essay Contest. The theme of the year's competition is "Nuclear Energy: Legal Remedies for Lethal Problems." Prize is $100 with possibility of competition for $500. National winners will be flown to Atlanta for the delivery of their essays before the Environmental Law Section of ATLA. Deadline: April 1, 1977. Additional information is available in Room317. Student Bar Association President Barry Fertel. Fertel has charged that the four senior editors received a total of $1,000 from the fund despite recommendations against the allocation. The Jaeckle-Abrams Fund, a trust fund donated to the Law School in 1967 by Edwin F. ]aeckle (class of '17) and David Abrams, produces approximately $10,000 per year to be used at the discretion of the Law School Dean to aid students. The Law School Faculty Budget and Policy Review makes Committee recommendations to the Dean concerning how the fund's money should be distributed. Ordinarily, the Dean follows the committee's recommendations, but has the power himself to decide how the moneyis to be aflocated. Allocation of a portion of the fund to Law Review editors was discussed at a meeting last May of the Budget and Policy Review Committee. The committee then consisted of faculty members William Greiner, Milton Kaplan and John Spanogle, and student members Thomas Bondy and Fertel. In past years, the law review editor-in-chief's summer stipend was an establishedallotment from the fund. The purpose of the summer stipend was to compensate those editors of the Review who had to sacrifice a portion of their summer to engage in clerical and editorial work, thereby reducing their earning capacity during those months. Fertet moved that the stipend not be given for the upcoming summer since, in his estimation, "the money no longer served its purpose since the senior editors had all secured summer employment, some at very high salaries." Fertel said that the Committee agreed that the stipend be denied absent a greater showing of need on the part of the Law Review editors. Former Law School Dean Richard Schwartz, who chaired the Budget and Policy Review Committee when the Law Review editors' summer stipend decision was made, said Friday that Law Review Editor-in-Chief Sanford Berland wrote him a letter late in the summer detailing the manner by which the editors had limited continutd on page eight - �November 4, OPINION 2 Seminar Nov. 11 Canfield chbsen Tax Reform Act 76 Asst. to Dean Dean Thomas Headrickrecently announced the appointment of Allan L. Canfield as Assistant to the Dean at SUNY at Buffalo Law School. In tbjs new position, Canfield will be responsible for Student Affairs, including orientation, commencement, Student Handbook,and S.C.A.T.E. evaluations. He will also serve as staff person on the Mitchell Lecture Committee. In addition, Canfield will be assisting Placement Director Jay Carlisle, particularly by speaking with first- and second-year students career opportunities. A seminar on the new Tax Reform Act of 1976, limited to members of the bar, is set for November 11 in the Moot Court Room. A seminar on the same subject for law students will be scheduled for a future date, according to Jay C. Carlisle, 11, assistant dean. The new law, among other things, drastically changes the system of taxation of estates and gifts and the income taxation of property passing upon death. The provisions take effect after Lawyers Guild takes on the Teamsters A dozen SUNYAB law students took part in workshops on housing discrimination, analysis of crime in America and desegregation featured at the National Lawyers' Guild Mideast Regional conference in Akron, Ohio. Guild chapters from Ohio, Michigan, Western New York and Western Pennsylvania participated in the weekend conference Oct. 22-24. A presentation by a new rank and file movement which calls itself the Teamsters fof a Democratic Contract generated the most interest among Buffalo. Guildmembers. The Teamsters workshop had four presentations. The first gave an overview of the industry from one of the organizers of the new movement who drives a truck for the United Parcel Service. She traced the historical movement towards concentrating the trucking industry into large corporations. Calling the labor management techniques of the UPS the "wave of the future," she described her working conditions as follows: "We are given no basic freedoms. Thecompany regulated our hairlength and monitors the way we press our uniforms and polish our shoes. We are timed with a stopwatch to measure the efficiency with which we unload trucks. It's incredible, much worse than the army." 1976 A second speaker was a Detroit attorney, Ann Thompson, who became involved in the movement at its inception approximately six months ago. cof the members to see whether or r not they supported such an iincrease. The arrogance of the Teamster's leadership in almost every position and on every level rnecessitates that the union's (control be brought back to the (predecessor," he said. The final presentation was [made by Ellis Boals, another Detroit attorney. He, like Ann Thompson, criticized the procedures as "a farce, Igrievance totally ineffectual in giving the rank and file a remedy against labor leadership." Nonetheless Boals felt that the workers he represents should present their " < "Lawyers can bring many causes of action created by the Landrum-Griffin Act. However, the possibility of ever successfully challenging the International's leadership by doing so is extremely remote. The Boys Market case, handed down by the U.S. Supreme Court in 1972, severely restricts the rank and file's ability to litigate grievances in the courts which could be submitted to arbitration. Moreover, a groundswell from the rank and file ts the only way the membership can democratically regain control from the current leadership," Thompsonexplained. Thompson suggests that attorneys are indispensible in aiding workers to press their grievances against the union, and creating pressure upon the leadership. Since she joined the movement this year, she has seen it spread from Detroit to the mideast region, and outward toward both coasts. The dissident membership publishes two newspapers, Convoy and Upsurge, written by UPS drivers. In fact, the Union President, Frank F itz.simmons, was prompted to respond to the attacks by dissidents at the International's convention in Las Vegas this year. At that time he told those who questioned his The management of the leadership to "go to hell." International not only fails to deal with the changing nature of trucking industry, but is in fact in Another attorney from Detroit bed with management, she has been concentrating on charged. The trucking industry is attacking membership dues that now at the mercy of a few large hive been illegally collected from corporations. The directors of the rank and file. He has these corporations and the represented members of the International's leadership "play Teamsters Union Local in Detroit on the same golf courses, eat at who took their leadership to the same restaurants, and have the Federal Court, again based on a same attitudes toward the rank Landrum-Griffin cause of action. and file," she said. "Not only had the Teamster's local in Detroit illegally collected For these reasons, she the increase they assessed in explained, the Teamsters for a membership dues, but the Democratic Contract was formed. International itself tried to do the It is a response from that part of very same thing at its 1976 the membership which is "fed up convention in Las Vegas," he said. with the Teamsters' corrupt "It raised the membership dues leadership and its goon tactics." by fiat without ever taking a vote j. i ,: Vri,<; ■ :-■!>. ' '' ''' - case in court to keep the democratic activity in the International alive, and to provide challenges to the leadership's complacent attitudes. The TDC has no activity in Buffalo at this time, the representatives said. However, several members of the National Lawyers' Guild have suggested that they are willing to do legal work should a rank and file movement develop here. Likewise, Professor Jim Atleson has been in communication with the organizers of the TDC and has indicated his willingness to offer assistance to them as they need it. December 31. Organizers of the seminar have noted that the changes will have far-reaching effects and many willsand estate plans may require review before the end of the year. Professors Lou Del Cotto and Ken Joyce and Attorneys Geojge Zimmerman and Gordon MacLeid will be seminar panelists, with Professor Al Mugel as moderator. Emphasis-will be on the problems of the general practitioner in conforming clients' wills and estate plans to the new law. Specific subjects to be discussed include the change from the exemption system to the credit system; the new unified gift and estate tax; changes in jointly held property and tenancies by the entirety; changes affecting closely held stock and farms; new carryover basis for property passing at death; 'fresh start basis as of December 31; new ' return requirements; redemption of stock to pay estate tax"; and installment payment of estate tax. The seminar will be held from 1:30 to 5:00 p.m. with a cocktail party from 5:00 to 6:00 hosted by the Trust Department of the Liberty National Bank and Trust Company, which is co-sponsoring the program with the SUNYAB Law School. There will be no charge for the seminar and reservations are not required, but persons planning to attend' should call Allan Canfield at the Law School (636-2057) or Jay Carlisle (636-2056). State and local issues New program focuses on government law A new program focusing upon issues in state and local government law is emergingat the SUNYAB Law School. The State and Local Government Law Program is an innovative response to the needs of the various segments of the population to which a contemporary law school should respond, according to third-year student David Deutsch and Professor Milton Kaplan, co-chairpersons of the program's board of directors. "As the implementation progresses, the program could provide another step in establishing the law school as a leading national institution," Deutsch said. The Program is designed to achieve several purposes, board members said. It is to be an educational program in the traditional sense observing students through a regular course structure. The more conventional offerings are being political science, and management program and setting the processes students developed by Professor1 in motion, he explained. John M. Thomas of the School of "Although student involvement Management. has for years been salient at this In addition to the educational institution, the degree to which opportunities for students this Program has become a joint attending the Law School, effort is unusual," according to periodic workshops and board member F. Allen conferences will be sponsored to McDonogh. serve the needs of practitioners In addition to co-chairpersons and to assist attorneys wishing to Kaplan and Deutsch, the interim keep abreast of developments in structure includes an Academic local government law. Program Committee, chaired by A major thrust of the program David M. Ascher, a second-year is the promotion of student and student; an Organization faculty research and writing on Committee, chaired by F. Allen contemporary problems in state McDonogh, a third-year student; a and local government law. Worthy Projects and Publications products of these efforts will be Committee, chaired by Neil S. made available as periodic papers Cartusciello, a second-year to municipal attorneys and other student; and a Conferences and persons throughout the state who Workshops Committee, chaired by are engaged in work relating to Professor WadeNewhouse. state and local government law, according to board members. Plans are being made to develop an information center that will provide basic resources for municpal law research. Room supplemented by special training 412 in O'Brian Hall has been designated to house the beginnings of a specialized programs such as the Simulated Law Firm Program in which there is a concentration on municipal litigation; a Seminar on State and Local GovernmentLaw Reform in which participants work on legislative proposals for Western New York State Assemblymen and Senators; a School Law Clinic; and, of course, in Public Policy Formation for taw, collection. "One of the most novel and exciting featuresof the program Is that it is being implemented through a cooperative effort of students and faculty," Deutsch said. A student-faculty board has Other members of the Board are: Marianne Ballistrea, second-year student; Steven Gerber, second-year student; Steven Polowitz, second-year student; Karen Smith, librarian; Pat Taylor, staff; Professor Daniel Gifford; Professor Jack Hyman; Professor Richard Schwartz; and Adjunct Professor )ames L. Magavern. Persons Interested in learning more about the Program or who might wish to become actively Involved with the Program are invited to either stop by Room 412 or talk with one of the Board been established which presently' is working out the structure of the members. �I/10MIH0 November 4, 1976 The numbers 3 OPINION game $600 million for 250,000 years of protection against 600,000 gallons wastes, and 200 metric tons of and by David Munro spent reactor fuel have not been Nuclear Fuel Services (N FS) Inc., which since 1966 has been the nation's first and only commercial reprocessing plant, announced last month that it would be closing down immediately. , In memoranda sent to the federal Nuclear Regulatory Commission (NRC) and the corporation's dozen utility customers, NF.S stated that the .project is "commercially impractical in light of regulatory requirements that have arisen since the project was initiated." The NFS plant, which "reprocesses" spent nuclear fuel rods into reusable uranium and plutonium, and stores the remaining radioactive waste, is located in West Valley, New York, about 40 miles fromBuffalo. NFS' latest troubles at West Valley began last spring, after the NRC, (formerly the Atomic Energy Commission) ruled that the facility would require extensive design modifications to earthquake protect against tremors. West Valley is located 29 miles from the Clarendon-Lindon fault line. NFS estimates that the cost of altering the plant in accordance with the NRC safety regulations, together with a planned expansion of the facility's reprocessing capacity, would have been about $600 million, and would have delayed a reopening until 1988. The demise of NFS raises several serious questions about the future of the nuclear power industry. First, will New York State, which owns the land on which the reprocessing plant sits along with 600,000 gallons of high-level radioactive waste be responsible for the cost of removing such wastes? A NRC report estimates that the cost of converting the waste into a solid form and removing it to a safe burial-site could cost as much as $480 million. safety Second, will requirements make nuclear power so expensive that it will not be able to compete with other forms of energy? For decades, proponents of nuclear power have planned on the chemical reprocessing of "burned-up" .iMckar-fuel rods from atomic plants to provide recycled sources of nuclear fuel, in order to reduce the cost of nuclear energy. NFS entered into a contract with New York State in 1966, making NFS a co-licensee of the reprocessing facility along with the New York Slate Energy Resource and Development Agcncf(NYSERDA), which owns theland. The contract, which runs until 1980, and which NFS has announced that it won't renew, gives NFS total responsibility for tbc operation,', surveillance, replacement and insurance of high-level radioactive waste tanksand a low-level burial groun I. Presently, underground steel tanks at West Valley, hold 600,000 gallons of liquid high-level, radioactive wastes, which will remain lethal for 250,000 years. In addition, there is a 15 acre. burial ground for solid low-level only - — ' from commercial nuclear reactors have been accumulating now for more than 30 years, there is still no place nor even any plan for their permanent disposal. Tobc points out that the federal government should be made to share any removal costs for two reasons. "First, the federal government has heavily subsidized the nuclear power industry since its inception by providing millions of dollars for research and insurance liability subsidies. If the government feels that nuclear power is to be our primary energy source in the future, then it must be prepared to share in the true cost of producing such energy. Second, 60 percent of the wastes at West Valley came from government reprocessed. Under the contract, however, N FS reserves the option of relinquishing responsibility for the plant if the corporation suffers ban k r v plcy or some other financial difficulty, provided NFS follows certain conditions. First, inspection of the high-level waste tanks which have a "life expectancy" of only 30 more must prove that the years wastes have been properly stored. Then, amendments acceptable to the NRC, who control the licensing procedure, must be formulated. Finally, the NRC must schedule public hearings on the whole consignment procedure, which will enable interested individuals and groups to intervene and participate in the ultimate solution. Marvin Rcsnikoff, a nuclear physicist with NYPIRG and the local chapter of the Sierra Club, would like to see the consignment clause of the contract attacked. "For one thing," points out by Bill Berry Resnikoff, "utilities who ship spent fuel rods to NFS cannot be "And the question remains it charged for the cost of solidifying Massena 's action will spur voters the liquid wastes under their in other communities, frustrated contract.' ■ ; ■ ■ and angry about rising electric "If New York State becomes costs, to also consider taking over responsible for the removal of the utility systems and operating waste materials, they will incur them ona municipal level. this cost which should certainly 'If Massena goes, can Niagara be a "reprocessing" cost borne by Falls be far behind!" one state the utilities," he said. Rcsnikoff official, who asked for would also like to sec Getty Oil, anonymity, asked. 'And if that which owns 83 percent of NFS' happens, will Buffalo, Rochester, stock, become liable under the and Syracuse be farbehind?'" contract. "We're looking into New York Times, June I, 1974 ways of 'piercing the corporate veil'," he added. Public power has been the Rich Tobe, counsel to biggest thinji lo hit Massena, N.Y. Assemblyman William B. Hoyt, since the 1944 earthquake. and a recent graduate of UB Law WoStchDStcr Coun ly officials School, would also like to sec the are in the midst of planning the federal government assist the takeover of Consolidated Edison. parties in any ultimate solution The Peoples Power Coalition, a both by sharing the expense of serious organization of labor solidifying and removing the unions, consumer advocates and highly radioactive wastes, socialist revolutionaries is estimated to be about $480 operating in perhaps twenty million, and in formulating a communities around the stale. technical solution to present One of Ihcm is Buffalo. The drive for public power is waste disposal problems. Regarding the waste disposal gathering strength here for two problem, NRC regulations basic reasons: utility bills, demand the solidification and expecially for gas in winter, arc removal of all West Valley becoming unaffordable for large high-level liquid waste to a federal numbers of people; the elderly depository within ten years. There and others on fixed incomes are arc two rather formidable expecially hard hit. Moreover, the obstacles to this requirement, undeniable and increasingly however. First, the technology well-known fact is that public required to solidify such a large power is cheaper. There is real and sustained volume of waste is not presently available. Second, although movement in this town around high-level radioactive wastes from the whole problem of the government weapons program unaffordable utility rates. The — reactors, and another 38 percent expected came from reactors outsideof the state," he said. The collapse of N FS alsoraises questions as lo the economic feasibility of nuclear power. Nuclear c conomisls had envisioned the reprocessing end of nuclear power generation providing enough reusable uranium lo cut vi .inium consumption in nuclear reactors and foster fuel-cost savings lo range about 15 percent. Bui this goal has remained out of reach due to intense governmental and environmental concern about the problems of dealing with pl'uionium a highly toxic substance that is also a raw material in nuclear weapons and problems encountered by would-be reprocessing plant - — operators. — continued on page seven Power to the people , , - — situation presents incredible other problems they have. ■ opportunities for socialists who Socialism is generally not warn to do something, and recognized as an alternativf by especially for socialist law people in this country. Wo-King students and faculty. The purpose for public power can help tv put of this article is to outline those socialism on the agenda becauseit opportunities, not to argue for public power's advantages or to give a detailed account of what the Buffalo group is doing. The movement for public electricity and gas in Buffalo is somewhat, unique in that an openly socialist organization, the Buffalo New American Movement (NAM) is taking1 a major role in doing the work und formulating strategy. This group is involved because the public power drive presents fruitful opportunities for socialist organizing. As outlined by Buffalo NAM, these opportunities involve: The ability to achievcan actual victory. People have to know that they can win. The sense of helplessness which infects the American people, besides being the result of a sterile bourgeois ideology, serves to perpetuate the conditions which give birth to it. The people of Massena won the public power fight and it is possible to win it here. The chance to speak to large numbers of needy and concerned people about how the system of private profit rips them off. The primary reason public power is cheaper is because municipal power companies don't have to pay dividends to wealthy stockholders. People understand this in a hurry, and begin to see the same phenomenon behind allows: Raising the concept of socialism in a way that makes sense to people. Community takeover of private industry is basically a socialist idea, especially if it involves attempts at utility worker participation and expropriation. And bringing it up in the context of a plan to help people elminate some of their everyday financial problems, lets them see the idea of socialism on a real way, not as abstract, book-type knowledge or pie-in-the-sky dreams. Raising socialist ideas in a way that doesn't scare people. Public power systems already exist all around the country; many municipalities have recently taken over their utilities. Beginning to work for an idea that's accepted this extensively is much easier than blowing up a bank or refusing to fight in a war or occupying the Public Service Commission's downtown office. Public power presents possibilities for achieving an enclave of power. Associations of proliferating municipal utilities could have the muscle to effectively fight the giant oil companies, which presently control energy sourses, by means of nationwide boycotts, lobbying, and lawsuits. The need and opportunity to involve the men and women who work for the electric and gas companies. One of the major groups which opposed public power when trie County did a pro-feasibility study three years ago was the 1.1t.1 .W local at Niagara Mohawk. This opposition helped to kill the county plan. With mounting rank and file discontent over incompetent management, especially among National Fuel Gas workers who don't even have the tools they need to join the new plastic pipe, and a probable strike against continued on paye six - �November 4,1976 OPINION 4 The President's Corner Inadequate state funding hurts students by Barry fertel On Monday, Nov. 1, I testified before the Board of Trustees of the State University of New York as to the needs of the student body of this Law School. I spoke of how the law students here are being cheated by the Law School's so-called benefactor, the State of New York: how we have been mistreated not just once, but on numerous occasions during our tenure in law school. If one examines the status of the law students, it becomes abundantly clear how we are being deprived of our needs. Beginning from our entrance into law school through to the long-awaited escape upon graduation, we are constantly being denied the best possible legal education. Upon entrance to law school, one encounters an exhorbitant tuition fee of $2000. Considering that it costs the state a mere $1760 to educate that student, the $2000 appears even more outrageous. Even though UB Law School charges the lowest tuition of any law school in this state, it is one of the costliest state-supported institutions of legal education in this country. In the state ps apparent effort to encourage greater enrollment in private universities in New York, the middle and lower classes have been discouraged from even applying to law school. It is the young people from these strata of our society who wilt find it hopelessly difficult to meet the heavy financial burden of a legal education. As if this heavy cost of education were not enough, the Bureau of the Budget, in its "all-seeing wisdom," unilaterally decided to eliminate in-toto the State University Scholarship, a grant intended specifically for those needy law students, who are least able to pay for their education. A corresponding reduction in student loans has made this financial burden even harder to bear. Although the student body was able to obtain a partial restoration of these funds, this alarming trend of denying an affordable legal education to the sons and daughters of the taxpayers of this state must be stopped. The State University of New York at Buffalo Law School, because it is the only publicly supported legal education institution in New York, owes itself a duty to the state's citizens to offer them the realistic opportunity of an excellent legal education. Should the student be able to overcome the financial hurdle of payment for his or her legal education, more obstacles await. During the first year of law school, students are rarely, if ever, given the impression that their education is at all relevant. There is no concerted effort on the part of the school's faculty to encourage student participation in community affairs. Consequently, the law school perpetuates its ivory' tower image t6 the As j future we will come to possess the invaluable skills to help effect change in our society, yet there is no coherent policy within the law school to enhance this awareness. Indeed, there is a socializing influence in our education to conform rather than change.. surrounding community. attorneys, Now that the student is both poor ana alienated, he or she must overcome stilt another obstacle, inadequate facilities. The law library is beautiful; isn't it? One might be so bold as to describe it as imagnificent but what benefit may a student derive from a library which fails to meet law school accreditation standards* The acquisition budget of the library, a paltry $128,000, is $70,000 less than the average acquisition budgets of the stale law schools in the midwest and in California. By neglecting to update the various reporters, our law school does not meet ABA standards for accreditation. A lack of awareness on the part of the central administration as to thfe materials required for effective legal research has resulted in a starved facility. Perhaps, the most frustrating experiences of my fellow students occurs at the time when they are faced with the debilitating chore of having to seek out employment opportunities. It was not until October, 1975, that this school first employed a full-time placement director. But, that is not enough. Wid* World of Torts "My love had no basis..." We need a fully-Staffedplacement offiie where students may go and ascertain where there are job opportunities. Last year budgetary constraints forced the loss of a secretary in that office. Students do not want a gift, they merely desire adequate servicing of their needs. Some might say that there are already far too many lawyers and that therefore the discouragement of entrance into law school is a positive goal. Nonetheless, there are many who deserve the opportunity to become attorneys, particularly from those sectors of society which presently are under'represented within the legal profession:, the working class, the poor, and the disadvantaged. It is these stud^pts who. should be encouraged to obtain a legal education so that they may represent the needs of those segments of the population who have not been represented in the past. In thisregard, many students at this law school are engaged in various programs to help those who are least able to help themselves. The clinic program not only affords students oppqrtunity to gain invaluable practical experience, but .it also provides legal services for the poor who wouldotherwise be helpless. In addition, many law school organizations sponsor programs designed to acquaint students with the needs of our '..the society. The funding needed to maintain both the clinic program and the additional community-oriented projects is miniscule when compared to the benefits which are reaped by not only the students, but by society as well. The expansion of these programs is an absolute necessity if our system of justice is to be fair to both the . ... rich and the poor.. ■ ■ It canape readily seen that many LOST MY APPEAL in "tall" students, at our law school strongly desire by Cher Pro Bono law and helped me bring suit against the to be effective advocates of our rapidly This week Wide World of Torts ventures entire faculty. ." 'Pat,'though, wasn't changing society. Unfortunately, the State parking the wilds of the lot. the to Here/in •■ sure about my standing' since the "... Suddenly the judgewas upon me, depths of the Amherst Tundra, Plutos, shortest tall person successfully bringing wildly pulling at my briefs. Before I could of New York has not seen fit to meet this Jaguars and Cheaters vie for precious little: action under the "Tall" Law Statutes had dp anything, he put on hisrobes and left growing need for effective legal advocacy. Students are being discouraged from even territory. It is a vicious struggle, perhaps ani been seven feet'eleven inches. When the the chamber. With all my pleading, cries of omen of those later decisions not yet Court of Appeals ruled against me, it sure anguish and oral argument, I could not applying to law school because of the bring him back. Many thoughts were racing prohibitive tuition fees; those who are handed down, from that truly Supremei did cut me down a peg." Court in the sky. [For a fuller discussion of Phil's case, see through my mind ... was this the end of it fortunate enough to gain entrance into law As with all struggles, there are the; "Tall People: Is it Raining Up There?" in all ... was I really going through all this school are faced with facilities that are lacking; relevant clinical programs are parasites: those who wait at the edge of the i 25 jabar Jabbar Law Review 611.] had I lost my appeal?" underfunded; many of us are unable to fray, to prey upon carcasses (carkey?). These were just two of the wonderful Perhaps a few of you have noticed this new excerpts from last week's issue. Or the telling story of a young locate employment because of an parasite, perched at the edge of the parking '. I spoke with the mastermind behind this revolutionary of the 1960's entering Law underfunded and understaffed placement shortage. It is thatsmall magazine rack that ; new rag in my office yesterday. He is a School to help people, and to learn how to office, a bare necessity at any fine law houses: "Legal Lonely Hearts: The i former Judge's Advocate, Sgt. Jerry T. force social change on the unsuspecting school. Magazine for Single Law Students." In sum, students arrive at this school Pepper. When asked about his new Clash Consciousnessby Allrise Stevens. Those who returned to the green, phenom, Jerrysaid: "It was my first day in law school. I was with an idealistic perception of their legal verdant, abundant, plentiful, and most: "It was all sort of spur of the moment. I somewhat awed by the kids in their jeans education only to become cynics, of which bountiful pastures of John Lord O'Brian A need was felt, and I filled it! Lawyers are i and flannel shirts. I was wearing my Hart, there are already too many. It is time for the state to address this problem or society Hall, its trees neatly dying in their rows, lonely. Mostly they've learned how to Schaffner, Marx and Engels three were mortified. How could anyone i argue. People who argue are gonna be continued on page seven will suffer. contaminate this wondrous isolation. First lonely people, huh! I don't have to tell you there was "SANDY." that. Those who don't argue, walk around "I was twenty-one, tall and blonde, and quoting from the Code. It doesn't much in my first year of law school. I just matter which code.Need I say more?" absolutely adored Chief Justice Traynor, OPINION and implied warranties. They were soi McPinion: "But aren't there any law Volume 17, Number 5 November 4, 1976 meaty, something you could really get students who are interesting?" Editors: Cornelia Farley your teeth into. I met 'Ralph' at the candy Tanis Reid store, he'd turned aroundand smiled at mei jerry: "I will admit, there are a few who Louise Tarantino {you get the picture?) ... He was; have escaped the RPAPL. There are a few Business Manager: Steve Errante strong and virile, and really interesting. who don't go on about Dowerand Curtesy Ralph was the only law student I knewlat parties. However, even they are Photo Editor: Nancy Mulloy who didn't watch Monday Night Football. borderline. They've learned that people Staff: Bob Anderson, John Arpey, Jan Barber, Andy Cosentino,Maria Mossaides, He also SheppardizedAnn Landers. We had I love to hear about the 'Bloody Shorts' or Kirn Hunter, Bob Selcov, Jean Graziani, Becky Mitchell, David Munro, John three wonderful weeks together, and theni good old Hairy Hand but deep down, Privilcra, lohn Simson, Sharon Osgood, Ted Firetog, Joel Hockett.Dean Silvers, it happened. I found 'Ralph' to be ; even these lawyers slip into Chapter II and Patrick Stellato, Dave Ritienhouse. defective as a matter of law,and not fit for the credit for Bad Debts in stress Contributors: Bill Berry, Alaine Espenscheid, Bob Goldberg,Dan O'Brien the purpose intended at least not the situations." Photographers: Funk Carroll,Bob Citronberg ones I intended. 'Ralph' couldn't come Jerry now has a plane as part of the across with the goods so, I sued him Copyright 1976, OPINION, SBA. Any rcpublicailon of materials herein Is strictly prohibited spoils of his newfound success. The plane, under 2-313{b) of the UCC. without the express written consent ol the Editors. OPINION It published every two weeks, except for vacations, during the academic yeir. It is the student newspaper of the STale [Author's note: This excerpt is from "My called DeNovo, is coded with a West's Key University ol' New York at Buffalo School of Law, John Lord O'Brian Hill, SUNYAB Number Control Room. Jerry plans on Love Had No Basis (1012)."] Amhcnl Campus, Buffalo, N.Y. 14240. the vlewi expressed In this paper an ml neceisarlly adding two more Jets into the fleet those of |he Editorial Boarder Staff of OPINION. OPINION It I non-profit organization, Then there was Phil. "I was the only DePinto and De SantaMaria. Third clasi poitlgc entered 11 Buffalo', HO, editorial policy of OPINION ll determined collectively by the Editorial Board. OPINION 11 funded by SBA from Student Law Fen. Jerry also asked me to preview someof guy in my class taller thansix feet. Sure, it Composition: University Press at Buffalo. was fun playing basketball with these the upcoming in Legal Lonely Hearts to persons, but there were seriousdrawbacks. entice you into making that $.50 I stood out like v, sore thumb in aU my investment. Sohere are some extracts, from V, -•■■■ classes,l was always' getting called bn.iintil"1'."rtexi'^rthsHLH;^-1'1 r\y"/.,< '•',, ..",',.'.'. ', ■•'■- -'■' .. by John Simson I met 'Pat.' 'Pat' was an > , expert — . : , , .. . ' ' . — : , - — — *' , ., , , , ' •' �November^ 1976 5 OPINION _. Book review: Hellman: defending freedom of thought and speech Scoundrel Time by Lillian Hellman Introduction by Garry Wills 'Scoundrel Time is playwright Lillian Hellman's memoir of her 1952 appearance before the House Committle on Un-American Activities {HUAC). It is an important book because Hellman valued honor more highly than her career. She does not congratulate herself for her achievement but the achievement is apparent andworthyof imitation. 1952, the year Lillian Hellman testified, was a year during which fear usually prevailed over honor. In that year, America was still at war in Korea and Senator Joseph McCarthy won re-election. HUAC was an ordeal for witnesses. Garry Wills says in the Introduction that the public viewed the use of a Fifth Amendment plea before HUAC as an admission of guilt: "If it kept one out of jail, it also led, in many cases, to the loss of one's job." Playwright Clifford Odets appeared before HUAC on the day before Lillian Hellman testified, and his conduct before HUAC was typical of Committee witnesses. Three months before his appearance, Odets told Hellman: "Well, I can tell you what I am going to do before those bastards on the Committee. I am going to show them the face of a radical man, and tell them to go fuck themselves." When Odets actually testified, he was a friendly witness and' namedold friends as^Communists. It is somewhat surprising that the Committee subpoenaed Hcllrtun. She had never joined the Communist Party, and she says that she "didn't know much about anybody's Communist affiliations." However, Lillian Hellman was living with novelist Dashiell Hammett in 1952, and Hammett was a committedradical. She had played an important role in Henry Wallace's 1948 Presideni.il campaign, and Communists had been influential in Wallace's bid. Garry Wills says that what really drew HUAC's attention to Lillian Hellman was her sponsorship of the 1949 Cultural and Scientific Conference for World Peace, which was held at the Waldorf-Astoria Hotel in New York City. Because the Conference included intellectuals from among them the Communist countries composer Shostakovich it was vigorously denounced by a nti-Communist intellectuals. The fact that the presence of someone like Shostakovich could evoke angry picketing outside the Waldorf-Astoria is evidence of the psychosis of those times. Two days before she testified, Lillian Hellman, with the help of.her lawyer, Joseph Rauh, wrote the Committee a letter. 'The letter stated that Hellman would waive her Fifth Amendment privilege if the Committee would agree to limit its questions to her views and actions and not ask her to name other people. If this offer were refused, the letter continued, she would plead the Fifth Amendment. In other words, Lillian Hellman was willing to risk a probe into — —- SBA is inviting all students to attend the next meeting when the body will discuss and vote upon a proposed new constitution and by-laws for the students' governing body. If approved by the directors, a referendum for the student body to approve the new constitution and by-laws will be held within 15 class days. The meeting is scheduled for November 9th, Room 109, 6:30p.m. , ~ her own acts and opinions but unwilling to expose people she knew to harm. The central part of the letter to the Committee is a statement of Lillian Hellman's moral principles; her statement ■ is remarkable for her courage and the strength of her principles. "I am not willing, now or in the future, to bring bad trouble to people who, in my past association with them, were completely innocent of any talk or any action that was disloyal or subversive. I do not like subversion or disloyalty in any form and if I had ever seen any I would have considered it my duty to have reported it to the proper authorities. But to hurt innocent people whom I knew many years ago in order to save myself is, to me, inhuman and indecent and dishonorable.I cannot and will not cut my conscience to fit this year's fashions ...."■ HUAC's refusal of Lillian Hellman's offer to testify on the stated terms constrained her to plead the Fifth Amendment. When one of the Congressmen put the letter ipto the Committee record, Joseph Rauh surprised Hellman by distributing copies of the letter to the press. Rauh's act accomplished its purpose. After the press had read the by TanisReid letter, someone in the press gallery said in a loud and distinguishable voice, "Thank I don't know what it is, but whenever God, somebody finally had the guts to do I'm around older men wearing grey suits, I it." Lillian Hellman had shown that even in have an instinctive sense to speak loud and those gloomy days, heroism was still clearly during the introduction, being possible. particularly careful:, to include Mr. Integrity is often measured by the So'n'So's full name after the how do's, but suffering that a person is willing to bear for afterwards to only respond to Mr. the sake of her principles. Lillian Hellman So'n'So's questions or remain politely was prepared to go to prison for her quiet until he and my father are finished. convictions. Her use. of the Fifth But Dad isn't here this time. But, then Amendment to protect others was, again, I'wouldn't be here either, if they technically, an act in contempt of hadn't wanted me to be. They are paying Congress. Lawyer Thurman Arnoldwarned for the plane ticket, aren't they? her that this use of the Fifth Amendment It might even be enjoyable. It's been would landher in jail. quite a while since anyone singled me out Although she was never indicted, to ask personal questions. AH my friends Hollywood blacklisted her and her and family tired of the "I don't knows" lucrative screenwriting career was finished. long ago, and stoppedasking. "I had gone from earning a hundred and Actually, this could be sort of like a talk forty thousand a year (before the novie show. Many nights I've sat watching Carson blacklist) to fifty and then twenty and and planning my personal debut on the then ten " She had known before she show: certainly I wouldn't say the dumb testified that her stand before the things a lot of the folks on his show say. Committee would mean painful I wonder what image I should use. consequences: she and Hammett had Perhaps the Lauren Hutton look. No, can't offeredtheir beloved Westchester, New afford that one. How about the wide-eyed York farm for sale before her appearance, openness of a Shirley MacLaine? No, this and she describes the sale as "the most place isn't looking for the innocent painful loss of my life." approach the l-know-a-lot approach Lillian Hellman feels little anger toward would probably be better. Also, it's a the politicians responsible forher troubles. pretty conservative place. Maybe Miss She had expected men like Senators Brooks. Probably I should prepare some of my McCarthy and McCarran and Representatives Nixon, Walter, and Wood answers. Why did I go to law school? How to act basely, and they did. Her real anger do I view the ejyjerience? What has been is directed against thoseintellectuals of the the focus of my research? In what kind of McCarthy period who either cooperated law does the attorney for whom I clerk with the Communist-baiters or remained specialize? Go through these answers one more silent. Hellman belie yes that because time. I've got 'em. Remember, don't get bogged down. Whatever you say, sound intellectuals claim to believe in freedom of thought and speech, they are obliged to like you know what you mean. Right. defend people who are attached for Don't get nervous. I can't help it. Look, exercising those rights. The claim that such Carson never invited anybody on his show an obligation exists seems to be valid: if a to give him a hard time. Right. I wish I hadn't worn beige I look like person professes to be searching for truth, the carpet ... the furniture. then he ought to protect others in their the walls Obviously they like beige. If I worked here search for truth. beige. I'd hate Cool it. Heltman's position that intellectuals are "How do you do, Mr. S'n'So. Yes, a obliged to aid political dissidents suffers from the same weakness as her claim that very pleasant flight, thank you." No, I'm people should not betray others to protect not anybody's daughter, and I didn't come themselves: both principles assume that with a date who works f6r your firm. I'm people are capable of a high degree of here to do the talking. He knows that. Yea, self-sacrifice. Experience seems to show I know; I'm the one who can't believe it. that self-interest is the primary human Cool. Right. "Very well. No, I didn't think it motive. Nonetheless, Scoundrel Times challenges selfishness with an ideal of necessary to include it on the resume. nobility that has been lived. the LSAT than my friends whq 1' by Bob Goldberg get into ÜB, but not quite as well as my "" Lower Outside Corner — ... . * — friends who got into Harvard and Yale." "Law review?" Geez, didn't Ed warm this guy up? Where is Ed anyhow? "No, actually, I didn't even compete for the board. I needed money and thought 1 could get money and practical experience with "a job, rather than just the experience with the review." "Articles editor on the HarvardReview? I imagine that was the best experience you could have had to prepare for this job better than clerking Well, actually, some of my best friends are on law review." "Yes, I clerked for a litigation firm in Buffalo. The other job on the resume? No, it's not very legally-related. That's right writing hockey stories for a local newspaper. From the South? You couldn't have seen much hockey as a kid then. But it's very big at Harvard I understand. Sure, not much time Harvardlaw must be very demanding, particularly with the review." "No, no children. Un unh, not divorced. No, really, 'still single. Kind of birth control?" Geez, I wasn't prepared for that one. Maybe not heavy enough on this Miss Brooks look. No need to get flustered. Would you answer that question on national television? Un unh. Okay. "Hmmh. Well, I think that 's not really relevant." Finally. Don't lay it on too heavy, but a little convincing. This guy's not looking for sincerity. "I came to your firm because I'm interested in drawing up real estate contracts for banks. I'm very good with details .. demand preciseness in all things." Don't go overboard. "I have a very strong background in English." "Yes, I am aware that you lost a suit on hiring discrimination last year and that you must hire females thisyear." Do you think he tripped me up there? Quite possibly. "Are you interviewing a large number of women? That is a good deal more than the five or ten students New York firms usually interview for positions. Yes, I can understand extra careful to protect against further allegationsof prejudice, and then, too, you are probably very selective." "That doesn't mean, of course, that you hire everyone you interview, just that you don't send out rejection letters. Sure, different firms have different policies, I guess." "It's been a pleasure for me, too. Awfully nice to have met you." Not much class not sending out rejection letters. You don't think they'll renege qn the offer to pay for the plane, do you:? NiiL,Think maybe I need an agent? .. — — — . - Yep. �November 4, 1976 OPINION 6 The clinical approach: survivor of the social sixties by Dean Silvers With Bob Dylan making the cover of TV Guide, Eldridge Cleaver gone businessman, Jerry Rubin peddling his wares in the grand tradition of Madison Avenue, et aI ad nauseum, one begins to wonder exactly, "Where have al! the flowers gone?" for indeed, it seems like a long time passing. As law schoolclinical programs were responses to the demands for dealing with reality advanced by Cleaver, Rubin and Dylan in the late 19605, how has the present drift away from social concerns affected law students' involvement with the real world? At SUNYAB Law School, the clinical program, which emphasizes dealing with the legal "real" world, is alive and, by general consensus, well, initiated in 1968 with a $30,000 grant from the Council on Legal Education for Professional Responsibility, it has grown from 20-30 students working 10 hours per week for Legal Aid, to 45 stud c nts with four facuIty members working on actual cases for credit. wide-spread clinical programs in in the Buffalo area, and prisoner law schools was taken by the Ford rights in Attica and Albion. Foundation's decision in 1960 to direct Professors Michael Davidson, in relation to the emerging fund the National Council on Law Jason Karp, Steve Lasher and (NCLC). The NCLC Rosenberg are instructors in the prominence of the university in Clinics. American society. One of the provided money for experimental current program, and generally programs, clinical but in relatively express enthusiasm and a high* vociferous of the opponents most trend away from practical training small amounts, in 1968, the Ford degree of motivation toward the was Jerome Frank, who in 1933 Foundation took another major program and its work. Faculty remarked, "that without giving up step with the funding of the support for the program as it is entirely the casebook system or Council on Legal Education for now designed is encouraging, the the growing and valuable alliance Professional Responsibility instructors say, particularly in a with the so-called social sciences, (CLEPR) which fundedSUNYAB period of trying financialtimes. the law schools should once more Law School's initial clinic. Under the state's austerity Buffalo's first experiment grew budget, clinic is a limited get in intimate contact with what clients need and with what courts from involvement exclusively with program. Students are chosen by and lawyers actually do." legal aid to a governmental lottery and must have fulfilled litigation program, involving the prerequisites. One of the major The pendulum had swung back attorney general's office, the goals of the program is within 30 years of Frank's di strict attorney, corporation maintaining a small remark, as legal educators began counsel and other government student-professor ratio, wonder whether legal legal agencies. But these instructors say. Expansion using to responsibility and skills could be "clerkships for credit" were internal resources is doubtful,and adequately taught in the confines criticized for lack of adequate Rosenberg, who is presently on of a classroom. supervision of students. When the leave, is seeking outside funding. Another factor which brought CLEPR funds ran out in June Dean Thomas Headrick is a about "clinical thoughts" was the 1971, the clinical program was strong advocate of the clinical social pressure which led in 1964 dropped. program and has said that it will to the formation of the Office of 11 was resurrected in maintain an important position in Economic Opportunity , (OEO) September of the same year, with the law school. He suggested that and the inception of the "War on the backing of then-dean Richard professors might teach clinic part Poverty" of the Lyndon Johnson Schwartz, Professors Wade time as one means of alleviating administration. Newhouse and Norm Rosenberg financial difficulties. The first major step toward and several interested students, as For the future, there has been an "in-house" clinic. Staff so me discussion of a members closely supervised comprehensive interdisciplinary students who worked on "service clinic" involving subject-oriented projects. instructors from various and is likely to result in further Originally educational law was disciplines. alliances with municipal unions chosen as the subject of most of already working against the law, the clinical work but under the Regardless of possible changes which can only strengthen the present program, subject areas in the program, its goal of drive for public takeover. have been expanded to include teaching legal ethics ana And for the more quizotic: Juvenile,Young Adult and Family professional responsibility on the We need to develop legal Law. For the future, clinic will road to "sensitizing" law students arguments in anticipation of the deal with Habcus Corpus writs in to their clients will be" the major condemnation proceeding. This Federal courts, Welfare decisions priority, according to Rosenberg. Professor Norm Rosenberg who has been involved in the program since its early years, sees it as a prime opportunity for law develop students to understanding and respect for their clients, an ability which is lacking desparately in many The apprenticeship system did not vanish immediately, but it did quickly lose popularity '' present-day lawyer-client relations." "It should provide students with an introduction to the lawyering process through teaching them about the range of skills lawyers must learn. We want competent, creative effective, lawyers," Rosenberg said. Perhaps the best perspective on a program like Buffalo's is an historical one whichharks back to considerably before the 19605. Although clinical programs in the modern sense have had a short lifespan, legal apprenticeship was the only training ground for lawyers prior to about 1870. At about that time, the study of law began to shift to the uni vc rsity where the "case method," developed by Christopher ColumbusLangdell at Harvard emerged as the standard method of instruction. Power to the people — continued from page three National Fuel Gas in February, there is a good chance we can begin working with thisunion and gain their support for public power. Private utility interests are intimately connected with the local and national ruling classes. This situation presents an excellent opportunity to educate people about the way a few wealthy individuals maintain control for their class. (For an example of how this can be laid out see The National Fuel Gas. Story, a NAM Utilities Project pamphlet, available outside the law school bookstore. Involvement of the state. The Public Service Commission's role as guarantor of the private utilities' profits is a particularly poignant example of government's subservience to the dominant economic interests. The monopolistic character of the utilities. The visible strangle-hold which is legally granted to Niagara Mohawk and National Fuel Gas over Western New York consumers, is a window onto the situation which pervades in all sectors of the economy. The involvement of people in democratic decision-making as a preparation for a new society. The people who work for the public takeover, and gain experience in operating a municipal system, will be seeing the possibilities for a more extensive and revolutionary socialist society, based on the How wii! the City of Buffalo pay for the condemned facilities? We need to know the possibilities for small denomination bond issues, the constraints of city debt limits, and the likelihood of changing state law to allow for the issue of special revenue bonds just for the purchase of the utilities. Where will the electricity and gas come from? The Power Authority of the State of New York, though mandated by its — enabling legislation to provide electricity to municipal systems preferentially to private systems and industries, is claiming its long-term contractural commitments to the private sector preclude municipal expansion with cheap PASNY power. (2/3 of PASNY power is now being "sold" to Reynolds and Alcoa.) Westchester County is fighting this right now. There is a chance that a municipal power system could force Niagara Mohawk to sell it electricity at PASNY rates, a chance that the long-term contracts could be voided, and also a possiblility that Ontario Hydro could sell us cheap power. The natural gas supply question is wide open. We have to avoid the creation of another unresponsive, corrupt, tax-eating city bureaucracy. Though most of the impetusfor a imaginative, and v i brant, democratic municipal power system will come from the people would chiefly involve justifying involved the . takeover, the inclusion of an "historical rip-off element" in the "just compensation" calculus. There are all kinds of possibilities with this tack: the utilities, for instance, have for yearsbeen figuring a 48% income tax rate on their gross income. The Public Sfrvice Commission computes their pet income, and, thus, allowable tates using this We have to formulate a 48% figure, in artier to guarantee petitioning will answer some of legislative strategy for repealing the utilities an approximate 10% the following questions, we need Taylor Law. The return on investment. The utilities to know the facts so we can argue the anti-labor of this "no-strike" law is have never paid this much tax and abolition intelligently for public power even to obtajnine (.Ujtjljjy. arc .reaping; the extra profits to v before'the -Study fs completed^ essential support'fsr 'workers' \he takeover,' show it. The historical deficiencies There are some basic questions: in experience^and principles gained themselves, these people need the in a fight ffcr. the achievement of a outline for a management systemi reform whjch democratizes a that could most effectively small sector of the economy. accomplish this. The bare bones They will hv more able to initiate of one would probably involve an independent (of the Common further democratic steps. What is needed of students of the Council), elected managing board, law right now is some basic representing neighborhood and much research. Though the feasibility utility worker interests. But study for which we are presently work has to be done on this. could be subtracted from a begin a petition drive with the valuation of their properties, on immediate goal of getting the the theory that the people are Common Council to appropriate getting back money that's been the $150,000 needed for a feasibility study. taken from them. But the arguments have to be developed. If you are excited about this campaign and want to work on Finally, just because you don't any of the suggested research consider yourself a socialist projects, help getting the petition doesn't mean you can't work for signed, or just donate money to public power. The local coalition the effort, please call 881-5073. already includes Slominski Copies of the petition fact sheet, supporters and definitely "Heat in Winter. Only for the non-socialist labor unions, not to Rich?" are available at the mention liberal-types. Somehow Registrar's desk on the third floor it's managed, already,Jo argue out or at the circulation desk in the and recognize differences and library. . �OPINION November 4,1976 7 student performers Music makes it better by Sharon Osgood "Music means as much to me as law. It is just as demanding as law, only it demands on a different part of my personality." Relaxing during a break in preparing for the Moot Court Competition, second year law student Tom Cook described the interplay of music and law in his life. "Music helps with law in terms of performing in front of people. I don't anticipate stage fright as a lawyer since I have already gone through that in music," he explained. Cook, a Mark Twain sort of character himself, plays mandolin and sings tenor with three other non-law people in a country music band called the Queen City Cut-ups. Cook has been with the band since summer and plays at Sardo's 3-D Lounge every Saturday night. The band also takes other jobs when they have time. Like most of the law students who are musicians, Cook is self-taught. "I can't read music," he notes, but despite that he has been playing for six years, and has been with bands as an undergraduate student at Antioch College in Ohio. He enjoys jamming with other people, but his basic style is bluegrass and he prefers to play just that. Perhaps the most well-known law school musician is John Simson, also in his second year. Simson plays for* a living, part-time now, but during a leave from undergraduate work which began at Cornell University and ended at SUNY at Albany, he worked under contract, touring the country and recording one album, "We Can Do Everything." A solo performer, singing and rrte sane while I'm going through law school," Simson noted. "But more than that, it is a presence that gives me some kind of confidence that no matter whereI am I'M be able to provide for myself." Simson describes himself as i• product of the Beatles' phenomenon. He is basically self-taught, having begun performing at the age of thirteen. He did flirt with classical guitar and voicelessons, though. •I • Third-year Rick Greenbergand hisflute entertain at a Law Scho.ol party. Becky Mitchell, another energelic second year student, sings and plays guitar, besides, being active on the Opinion staff, She is a Gpnjoist who played in in the Women's Law Association, ; a band with Tom Cook when she on the Buffalo Legislation was an undergraduate student at playing guitar, John plays during add Ffoject. She can be found /Antioch,Cdllege, too. Most of her the school year at UB coffee performing folk music of the Judy skill, acquired in the nearly four houses, Niagara Community Collins typ,e at afternoon UB 5years she has been playing, is self College, the Library Lounge, and coffee houses, and she is presently ttaught, she said. Mindy's Wine Cellar. "Music keeps rehearsing weekly with a Another second year student, country-western band, the Red IBob Kaiser, recently gained public is act recognition When their when he appeared Dog Saloon. ready, they will play for with the Ackerman Quartetat the organizations and parties, she said. I Law School's Octoberfurst Party. He has only played the one time with that group, but he has Mitchell's thoughts about previously played in the pit like Simson's. music are much I "Music is what helps me get iorchestra of ÜB's Panic Theater, :.through law school," she noted. which performs musicals. Kaiser misses the regular "I like it because it is something that brings people together; it playing he had been accustomed makes them feel closer, and it gets me away from law when I need some relief." to in undergraduate school at Gettysburg College, where he was part of a band and a jazz group. He plays both piano and trombone and has been playing \ s - i < * •• ' both instruments since the age of three. There seems to be a consensus among both the makers and the appreciators of music that it's a welcome relief from the tendency toward homogeneity among law students, -Simson put-it aptly: ''There's a surprising diversity of talent among UB law students." (Ed. note: A secondarticleon the diverse musical talent around the Law School will appear in the next issue ofOpinion J Placement propaganda She has been playing guitar since college at Syracuse University, and before that had sung in choirs in her home town, Jamestown. She has never had Judge formal lessons. Singer-guitarist John Simson feigns sanity as a product of Beatles phenomenon. - . another second year student, Katherine Niven. Niven just joined the Rye Whiskey Fiddlers a few months ago, but is already playing one was to be used in evidence gigs about once a week, in bars and at weddings and dances. against us. There are also soul-stirring ads such these: classified as Wide World of Torts from -continued page.three- ... piece, with an IWW watch chain incognito. I thought I'd be inconspicuous, but in fact was the only person wearing a suit in my section. The professor walked in. He was wearing jeans too. The. humiliation. I felt like taking ovef a building, trashing the bookstore, or boycotting the cafeteria ...•' 65 year old Senior Partner willing to make young female law student must a partner with my firm be a willing partner and have a of Yak working knowledge great be Yes, all this and more can yours in next month's issue of Matrimonial Law. Legal Lonely Hearts. Each issue -comes with complete, unabridged Young, lonely, Yak Matrimonial West Key Numbers, white book Specialist seeking gnu areas of citations, and circles and arrows practice. Sell Chanel No. with a paragraph on the back of 2-718(c)(1) on your campus York, N.Y. each one explaining what each Reply Box 11 Gnu - I BAR/BRI Early Signup Discount — January Grads Save $50; Save $75 May Grads By registering for the BAR/BRI Review Course by November 12, 1976. Bar — ... For more information, contact: , General's interviewed first-year students on campus. Positions in this program are still available for first-year Opportunities are available for students. All interested first-year first, second, and third-year students should immediately students in Judge Advocate contact Hampton at Room 205 General's programs for the Marine Federal Building, 111 West Huron Corps, Navy, and Army. Street, Buffalo, ,or at Marine Corps representative 716-842-3529. Captain T.E. Hampton recently Advocate Programs Appalachian string band music is represented in the school by Mike Cooperman 833-4151 Steve Deßaun 832-1X55 Tina Dolgopal 832-7389 Sharyn Rogers 875-9168 Mike Tantillo 833-4151 Reggies Nuclear power... — continued frompage three Co nstruction was recently halted on a reprocessing plant owned by Allied Chemical in Barnwell, S.C., which was supposed to cost about $100 million,but which might now cost one billion dollars if completed. blames A I I i _c d "closer-than-expected government supervision and fast-changing regulatory requirements" for the bulk of its troubles. Yet it is clear, according to .Resnikqff, that strict regulations must be enforced, because whatis be ing dealt with is lethal radioactive wastes which will be around for 250,000 years, and which cannot be released into the atmosphere under ai^ circumstances. "They pose long-term health and safety risks to the residents of Western New York and to the fish, wildlife and human iusers of Lakd; Eiienand Lake Ontario. Yet NFS has admitted that the tanks are vulnerable to rupture from sabotage or major earthquakes," he said. An understanding of the real costs of nuclear power will thus have to take into account the formidable technical problems and costs of waste disposal, Resnikoff maintains. "Proponents of nuclear power used to tell us how cheap it was," he noted, "But by insuringreasonable safety and environmental standards,NFS is now telling us that it cannot compete economically with other forms of energy generation. If nuclear power is as cheap as its proponents claim, then why does New York have to bail it out?" NBC, which will present an hour-long special on the problems of nuclear waste disposal in January, was filming at the West Valley site, la^^eek.', Robert Brown, Assistant Director of the Reginald Heber Smith programrecently visited the law school 'to discuss opportunities available for students wishing to practice law with public interest and poverty law centers. Representatives from the Reggie program will return to the Law School in December to conduct personal interviews. All interested students should obtain applications from the Placement Office and immediately submit the same to the Smith Foundation. Directorand Committee Placement Director Jay Carlisle will be available for individual consultation on Mondays, Wednesdays, and Fridays from 10:00 to 11:30 a.m. and on Tuesdays and Thursdays from 5:00 to 6:30 p.m. All first and second-years students who are interested in ioining the student placement committee should, sign up in .. '■;.Roonxio?:v. ■V. : /.'.'.. ",."'. ..■.,..■•■■ i i J *.IL i. ty �8 OPINION November 4,1976 Hoopla at the bubble Fenton lecture — continued from page one .. . IMPRESSIONS differently from the creativity of goes to family physician; boy a tormented Dostoievsky? Of a diagnosed as a "rebellious, politically sensitive difficult child"; boy dislikes and Solzhenitsyn?" he asked. Coles talked generally about wants to discontinue treatment; parents insist on treatment; one the ambiguities within the year later physician says boy has profession of psychology itself. "resolved his resentment towards his father." Coles finished the story: nine years later the boy is a college student and "the presidential candidate he favors lost in Kansas City." Coles enumerated the issues in the story indicative of American family socialization: how we bring up our children; how a child's beliefs are formed by his parents; how the role of the psychologist, secular faith's priest, establishes the values. "Why," Coles demanded, "aren't the child's perceptions, political awareness and social sensibility nourished and encouraged by parents, teachers and psychologists? should they be .. "What kind of mentality is it that takes ongoing life and submits it to self-consciousness?" "When does acting out stop and living begin?" he asked. Coles pointed "out that "the public expects redemption from us, and worse, we expect it from ourselves." Finally, striking a philosophical note, Cole suggested that this ambiguity within the profession is probably only indicative of .. confusion as a part of life itself. In his own case, he said, "I'm a wandering, cranky critic suspicious of ideologies (because they contain blindspots) and suspicious of answers." He likened Why it to Freud's "ironic despair and seen any yet persistent therapeutic effort." Reality suggests that first impressions are important. Your resume is not only a verbalcommunication of your qualifications. It tells another story a visual story. And it represents the first visual contact that a prospective employer has with you. the gospelaccording to Allocation LILITH questioned., — continued frompage one - their summer employment in order to work for the Review. Schwartz said that, in his opinion, the editors had made a University Press specializes in effective visual communi- receipt of the funds. He added that his decision was also based on his view that the Law Review "Is a very important part of the Law School and therefore deserves the complete support of the cation. We typeset, not type, your resume in a choice of six colors. Our paper is the finest. We stock a complete supply of matching blank sheetsand envelopes. We typeset cover letters and insert inside addresses. We type envelopes. And we offer a complete writingand consultationservice. Theresult: a professional resume one that makes an - impression. Call 831-4305 or stop by 361 Norton Hall. WE HELP YOU MAKE THEM sufficient showing to justify administration." In addition to the money received by the Law Review editors, last year Jaeckle-Abrams funds were allocated to finance teaching assistants for the Minority Student Program, a research assistant for the State and Local Government Law. program, and a trip made by members of the Strassberg International Law Society. The Jaeckle-Abrams Fund is one of many discretionary resources at the disposal of the Dean. , ... is seeking information about events of interest to Western New York women. Our December issue will introduce information on workshops, lectures, classes, absolutely everything of interest of women in this area. If you know of material which should be included in this special feature, call Linda Enke, 831-4305. Lilith is a new feminist quarterly, publishedby women in the Buffalo area. Subscriptions are $2.50 per year. Send checks to: 54 Green- field St., Buffalo, NY. 14214 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-11-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/4/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/878f8743ae9b46d64503f6c039bfafc2.pdf 855793ab12cd18a4439d2a6191c2b1fa PDF Text Text Opinion Non-Profil Organization : :U,S>ostage PAID Buffalo. New York Permit No. 708 Volume Opinien John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 December 2, 1976 State University of New York at Buffalo School ofLaw 17, Number 6 Multidisciplinary group considers legal problems of the elderly Board picks members Amster, Dodd triumph in Moot Court Competition th^t our culture is presently consider affirmative efforts to "tie experiencing. In the earlier days up the humanizing strands" left A conference entitled "Aging of our country's history,problems hanging by our fast-paced way of and the Law" was recently held at such as these, while slill existent,. life and to "bind them together the taw school. Sponsors of this were greatly alleviated by the into a community again." As an conference were the presence of the multigeneratiorial example of a "return to Multidisciplinary Center for the family. Under this arrangement, community" effort, Mr. Devine Study of Aging and thp SUNY/AB each family member had <i distinct cited the use of high school law school faculty, with the role and knew that with advancing students as escorts for senior assistance of the Legal Counseling age, he/she would still have a citizens and other such programs for the Elderly Project, Buffalo, place in the home and would be that bring different age groups New York. The purpose of the taken care of. Now, social service together. He emphasized that conference was to bring social legislation has been enacted lo these efforts were important not workers, attorneys, and others "fill in" the gaps that wen; once only in services to the elderly but concerned about the legal status filled by the family. But such. also with children, PINS, and of the elderly together to discuss legislation has also produced a other groups. problems.* and suggest confusing mass of rules and After the introduction, there regulations. solutibns. were discussions of specific The conference opened with a Mr. Devine, therefore, suggests problem areas of concern to the keynote address delivered by Mr. that social legislation in itself is elderly. These problems could be enough; that Devine of Devine HEW. Mr. not John the roughly categorized into three Monica Dodd, Jane Mago, Professor Kenneth Joyce, Steven Errante, began by giving a general overview policymakers and areas: (1) financial, (2) Matthew Leeds and Meryl Amster were in good spirits following the of the main problems facing older policy -implemcnlers should continued on page eight annual Desmond Moot Court competition Nov. 12. Dodd and Amster persons today- the feeling of were the winning team. Amster and Mago tied for Best Oralist, and usel^ssncss, the fears of being, Errante and his partner, Evan Giller, took the priiefor best brief. victimized by crime, and the About 15 students were invited to join the Moot Court Board on the loneliness. He then suggested that basis of their performances in the competition. The board will one of the main causes of these participate in seven interschool moot court competitions during this problems, as well as other societal school year. ills, is the "loss of community" by Kandy Faust . Penman, Ostrowski, McGowan. — Trammell Newly elected judges give views Newly elected Supreme Court says that a major change for her in the move from City Court to Supreme Court will be her dealing with feloniesrather thanmisdemeanors on the criminal side and more extensively with civil matters Justice Dolores Denman generally. A former Assistant District Attorney, Denman has been primarily involved with a large volume of criminal misdemeanor cases in City Court. Because of her strong criminal background, Denman anticipates being assigned to many criminal felony matters in Supreme Court. However, Denman also said that in Supreme Court, she would necessarily become more and more involved with civil matters. Dealing with more serious civil matters as well as with matrimonial cases would involve a "learning process" on her part, Denman said, explaining that she would be attending a conference soon dealing with recent developments regarding Dole v. Dow and comparative negligence in New York State, and would be reviewing matrimonial law. Denman expressed a need for a powerful judiciary "to preser' the system of justice," but noted that because of that power, great care should be taken in Sleeting or Judge William Oslrowski, another recently elected Supreme Court Justice and 16-year veteran of City Court, noted in a very brief interview thai the change to Supreme Court would involve some travel to the eight counties o.f the Eighth Judicial District as well as a consideration of matrimonial mailers, which are not within the jurisdiciion.of Cily Court. Questioned about having a special area of concern in Supreme Court, Ostrowski explained that as a junior member appointing judges. With regard to the role of of the Court, he would initially be women in law, Da enm jn concerned more with listening and commented that "women belong watching other judges rather than wherever their ambition*, talents asserting himself to a great extent. Oslrowski also fell that a and skills dictate," and that women could be as successful as judicial position was necessarily a men in the legal profession. She powerful one, but noted that the fell, however, that some women controls on that power arc largely are "predisposed to think lhal legislative. In considering his motivation they will be discriminated against." Denman said that her for running for election to position as a lawyer has been Supreme Court, Ostrowski noted rather to rely on her own the normal reasons for advancing fact that he competence and confidence in her oneself as well as the fell he could do a "fair job" as a professional and legal ability. She further explained that Supreme Court Justice. Thomas McGowan, recently being a woman has been an asset, for her: when she graduated from jlected to State Supreme Court, the Buffalo Law School in 1965, nas been involved in all three the "women's movement" was branches of government. "I don't beginning and she was one of only know many people that can claim two women who graduated in that this," McGowan told Opinion class. continued on page six . — Law School Professor Conference on Aging Jacob Human addresses participants at Summer '77 Strasbourg Institute plans human rights symposium The lnlcrnalion.il Inslilulc for Human Rights in Strasbourg, France will be conducting its Eighth Summer Session during July, 1977. Each year this session attracts approximately 120 participants from Europe, Africa, Asiaand the Americas. Ihe program consists of a month-long series of lectures and study groups in English and French. The tentative schedule of subjects for the coming session is: WEEK I The Functioning of International Institutions for the Protection of Human Rights, as illustrated by the Chilean Affair. WEEK 2 Non-ludicial Regulation of Human Rights Violations WEEK 3 Non-Governmental Organizations and Human Rights Update on the Geneva Conference on the WEEK 4 Reaffirmation.and Development of Humanitarian Law. In the past, a limited amount of financial aid for students attending the session has been available. Interested persons should contact Professor Virginia Leary, 636-2071, Dan O'Donnell, 885-4844 or Irene Schall, 838-4101. �December 2,1976 OPINION 2 Students take aim at problems forced to share lockers. SCATE forms are on reserve in the library and open to the It was a day for target practice inspection of students. November 2 in the Moot Court tn response to a question Room as 40-50 law students fired concerning the possibility of (questions) at law school faculty restricting the law library and/or andstaff. study carrels to law students, it The first in whatis hoped to be was stated that the library is a a series of open question sessions part of the University Library featured a panel consisting of System and cannot be closed to Barry Fertel, Jay Carlisle, Charles other persons. The study carrels Wallin, Dean Thomas Headrick, on the lower floors are already Allan Canfield and Mabel Jebson. restricted to law student use. Adding their own comments from A suggestion was made to the audience to supplement those expand library hours as a method of the panel members,were Wade of increasing availability of the Newhouse, William Greiner, Barry facility to those who need it. Headrick said that he would look into funding possibilities for a trial study to see if students would really use it enough to warrant the extra cost. Extra TheBuffalo Legislation Project has reported progress on two of its hours suggested were 11 p.m. to midnight, and noon to 2 p.m. on recent undertakings. On Nov. 9, two BLP members testifiedbefore the-Assembly Codes Sundays. Another subject relating to presented Committee in Rochester. Beverly Jacklin and Ray Cerreta library use was introduced. A reports to the Committee on bail reform. jacklin reported on alternatives to the money bail system as student requested that some specified in the Federal Bail Reform Act of 1966. Cerreta focused on provision be made for a smoking the feasibility and constitutionality of preventive detention in New area within the library for those who wish to smoke while they York. Douglas McCuen, counsel for the Codes Committee, requested read reserved materials or study. assistance from Jacklin and Cerreta in drafting a bill on the topic for Other law schools have such areas. impeding the Problems presentation to the Legislature early next year. Gail Heppell is student editor of the project and Ronald Allen establishment of a smoking area faculty advisor. were brought up. An Erie County BLP members have also directed their efforts to traffic problems law prohibits smoking in public places. Also, there is concern over in Buffalo. Project members conducted a study reviewing the legal authority the dangers to library materials. of the local traffic commisioner. Assemblyman William Hoytrequested The situation will be the study after the Commissioner refused to install a pedestrian "investigated," panel members activated light at the corner of Parkside and Florence Aye. in Buffalo. said. To questions about the BLP member George Rusk investigated the liability possibilities on the part of the City and the Commissioner if a traffic device was condition of library acquisitions negligently placed al the intersection over the objection of the and the problem of general disorganization, in the library, Commissioner. Rusk also clarified the standards for negligence and the extent of Dean Headrick responded that he is trying to gel more funding. The the potential liability In the issue. Early in November, Hoyt met with City officials and presented SB A is also working on this. the BLP research and an engineeringstudy in support of the placement Funding for the Library is alumni of the traffic light. City officials have yet to make a decision on the priority number ope. continued on page six matter. by Becky Mitchell and Kirn Hunter Chris Carty, Erica Federman, and Joseph Laufer. Although the student turnout was relatively small, there were plenty of issues introduced for discussion. Topics ranged from student directories, the library, security in the parking lot, parking facilities, campus buses and student lockers to registration, grading, course offerings, the cafeteria in Baldy, SCATE forms and TAP awards. Student Directories may be picked up at the SBA office in room 113, it was announced. Wallin will order more lockers for the basement so that students are Boyer, not BLP members testify, conduct study .• Letters to the Editors Regulations on nuclear wastes To the Editors: Dave Munro's recent article on radioactive High Level Wastes (HLW) at the NFS plant in West Valley, N.Y., was interesting and that these wastes must be accurate in most respects save one solidified and removed to a federal repository within ten years. The Nuclear Regulatory Commission (NRC) regulations require this of all HLW which may be produced in the future; however they do not apply to those already produced at NFS. In fact, a recent NRC report even raised the possibility of allowing the HLW to remain at NFS in effect making the NSF site a federal repository. Any discussion of the probleni should at least make mention of this situation. Bob Schroeder - - Parking with lights on To the Editors: In the recent open meeting, someone asked about the inadequate lighting around the building, and on the walks to and in the parking lots. Upon inquiry we found that there have been some substantial difficulties with the electrical circuitry for the lights. They are not intentionally turned off. Work has been going on to locate and remedy the problem for some time. If it is any comfort, the law school is not the only academic unit that has expressed serious concern. Dean Thomas E. Headrick SBA resolution criticizes Schwartz on stipends . by Robert Selcov ""The Student Bar Association Board of Directors has passed a resolution "expressing its displeasure" with former Dean Richard Schwartz's actions in approving a $1000 summer stipend for theLaw Review editors. In the last issue of Opinion, it was reported that Dean Schwartz had authorized the disbursement of $1000 from the (aeckle-Abrams fund to those editors who had spent part of their summer working for the Law Review. This action was taken after the Faculty Budget and Policy Review Committee (BPRC) had recommended that the summer stipend not be given. The Committee was not informed of the Dean's intendedaction. Dean Schwartz, who had the power to allocate t^iese funds without consultation, stated that he was not present when the BPRC made its decision and was informed by Associate Dean Fleming that the Committee's recommendation had been based upon an inadequate showing of need by the Review's editors. When it was detailed how the editors had curtailed their summer employment, he decided that an adequate showing had been made. The Nov. 9 SBA resolution is premised upon the belief that the Jaeckle-Abrams money should be spent "in such a way as to benefit students who would not otherwise be able to participate in educational During this entire competition there is no activities and to offer maximum exposure to SUNYAB Law School." feedback whatsoever. Most, if not all, of the It stales that the Law Review is a voluntary organization whose work competitors would greatly benefit if there were some will proceed on a voluntary basis with or without this allocation. The resolution further alleges that "there are other student sort of critique of each student's paper. Better yet, a two draft system might be more effective in aiding activities which could be created and funded consistent with the the Review in its selection process. Each student purposes and spirit of the Jaeckle-Abrams fundwhould the availability would be given the opportunity lo submit a final of this money becomeknown." SBA President Barry Ferlel stated that the SBA felt it was draft of his or her paper after he has received an necessary to pass the resolution at this time so that future distribution evaluation of the first draft. In essence, this type of system would duplicate of funds available for studenlrwouldbe made in a responsible manner the process which occurs withip the Law Review and consistent with" the needs of the student body and the Law itself: an associate submits a first draft of an article School. which undergoes many revisions prior to its being OPINION accepted for final publication. * Volume 17, Number 6 December 2,1976 advantages proposal of modest are Editors: Cornelia Farley my The TanisReid threefold: it will present the Review with the Louise Tarantino opportunity lo select thosepersons who will be most Business Manager: Steve Errante likely to submit a scholarly article, and more the Photo importantly, it will provide valuable training in Editor: Nancy Mulloy essential legal writing skills for those students who are not accepted as members of the Review. In Staff: Bob Anderson, John Arpey, Jan Barber, Andy Cosentino, Maria addition, it will result in a more positiverelationship Mossaides, Kirn Hunter, Bob Selcov, |can Gramni, Becky Mitchell, David Mun'ro, John Privitera, John Simson, Sharon Osgood, Ted between the Review and the law school student Firctog, Joel Hotkcll, Dean Silvers, Patrick Stellaio, Dave Rittenhouse, body, who, for the most part, are confused as to the |eff Granat, Susan Hogan. true worth of the Law Review as it relates to them. Contributor: Dan O'Brien Of course, such a program would require a greater Photographers: Frank Carroll, Bob Citionberg effort on the part of the editors of the Review, but Copyright 1976, OPINION, SBA. Any republicatlon of materials herein, the benefits realized by the Law School community is strictly prohibited without 'the express' wMtien'^br&fnf bf">M>'-' would, in my opinion, be well worth it. Editors. OPINION is published every two weeks except for'vacation*, Hi during the academic year. It is the student newspaper of1 the State probably Members of these organizations would University of New York at Buffalo School Of Law, John Lord O'Brian criticize me for meddling in their internal policy, but Hair, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board policy would that the internal as suggest I or Staff of OPINION. OPINION is a non-profit organization, Third determ ined by these organizations has a Class Postage entered at Buffalo, New York. Editorial policy of far-reaching effect on the Law School and its OPINION is determined collectively by the Editorial Board. OPINION ■ haveffot participated students. An importantnote: I is funded by SBA from Student Law Fees. Composition: University * Law Review or the Press at Buffalo. competitions the for either the in M,opt Court, Board. — President's Corner by Barry Fertel At this juncture, it must be emphasized that the views expressed herein arc the personal views of the author and are not to be preceived as the official policy of the SBA. This column will concern itself witrf what I believe to be the inequities of the selection process as administered by the Moot Court Board and the Buffalo Law Review. Recently, the Moot Court Board held its annual Desmond Competition, and as has been the case in the past, it was a huge success. Unfortunately, for the second consecutive year, none of those selected as semi -finalists were first-year students. First year sludenLs, unfamiliar with the fundamental legal concepts necessary for effective oral advocacy and legal writing, are faced with a severe disadvantage. It is my personal view that much better effort could be made by first—year students if the competition were held in the spring, by which time first—year participants would have become more acclimated to the legal mode of reasoning. Admittedly, this proposal, if implemented, would require greater effort on the part of the members of the Board, but it would give first—year students the opportunity to more effectively utilize the skills they acquire during their first year of law school. I air this view not as any criticism of the Board, but rather as a concerned law student who wishes to see greater benefit realized by those students who participate in the Moot Court Competition. In the spring semester the Law Review competition commences. First—year students are given "case—notes" after which they must submit research papers arralyzing a particular appellate court decision. The competitors are notified during the latter part of August as to whether they have been accepted as Associates of the Review. . . ' • . .... - i �December 2, 1976 N. Y. OPINION 3 creates PLSSC to help indigent prisoners by Jeff Granat • Several advantages favor piecemeal fashion. incorpoi(ation on a state wide The correctional of these A new not-for-profit basis over the operation of wholly services has not hamstrung the corporation has been created to independentregional offices. autonomy of the local offices. provide legal services to indigent The centralization of financial According to Hezel the. prisons are prisoners in New York State penal matters in the New York City a "gold mine for litigation...", and backup center permits a greater the local office decides which institutions. The Prisoner's Legal Services allocation of resources toward the litigation should be brought and Corporation, (PLSC) was provision of services at regional how to resolve other problems, as conceived by a committee of the centers. Local centers thereby well. New York State Bar Association to expand the scope and efficiency of the legal services offered by the older Correctional ySer.vices System to the approximately 17,000 prisoners within state institutions. The organization demonstrates an attempt by the legal community to" follow Canon 2 of the Code of Professional Responsibility and make legal services available to the public, including the imprisoned. The thrust of the program, according to the Buffalo office director George Hezel, is to provide legal services for "jail related types of actions..." More specifically, legal assistance is provided in prison civil matters involving individual grievances, dicipline, and computation of jail time. The corporation also handles collateral attacks on convictions and other actions, including matrimonials. There are six regional offices of the PLSC each located near major institutions and serving the needs of the prisoners within that area. There is also a backup center located in New York City. avoid needless and often futile searches for funding. At the present time the corporation is funded by the Law Enforcement Assistance Administration through the New York State Division of Criminal Justice Services on a yearly basis, renewable for up to thr,ee years. The organizationis now funded at approximately $1.1 million. The source of funding at the expiration of the three years is uncertain. The N.Y.C. backup center also provides research assistance and advice to the other offices in the state. This is especially helpful in suits involving class actions, such as prison condition suits and collateral attack* on convictions. A further advantage ot incorporation is that there is greater continuity of services. Thus, when a prisoner is transferred to another institution services are expedited by merely transferring personnel files to the appropriate PLSC office. An attorney in the new office handling the prisoner's case does not have to deal with it in a The Buffalo office has 400 open cases and receives an average of ten new requests daily. It is staffed by three attorneys and one recent SUNYAB law school graduate, Mary Good. Understandably, the major concern of the Buffalo regional office is provision of quality legal services. As described by Hezel, the problem faced by this particular office is " a perennial problem for any legal services agency—too many clients, too few resources." It is readily apparent that given the grcal number of immates demanding services it is nearly impossible to serve all of their immedeate needs. Rather than deal with a greater number of the inmates' problems superficially, the approach is to provide services as "carefully, precisely, and professionally as possible", even though this necessarily entails a delay in the consideration of the problems of some immates, according to Hezel. This is a problem that is aggravated in the area of legal services. The ratio of attorneys lo Student Wide Judiciary hears undergraduate disputes facilities. ' program. This component of the The clinical program at the law clinic will hopefully be expanded school dovetails with the in the future. First-year student, nun, describes Justice Center by Kirn Hunter The Church is siill and will continue iv be a relevant force in the modern world. At least, il will be if Sister K.nhlecn Rimar has anything lo say about it. Rimar has been a Fr.incisc.rn sisterlor the past twelve years and is now a member of the first year Class M SUNYAB Law School. She is a Buffalo native and attended Rosary Hill College. Rimar earned her masters degree in sociology at Noire Dame. changes wilhin the system and checks up on whal Congress is doing by leading ihe Cungrcssion.il Quarterly. The Center also works with various lobbying organizations based in Washington, D.C. that press for action on hunger, criminal justice, employment and health problems. The Center is non-partisan and is liberal in philosophy. "The Center receives a lot of Don'l look around for a she woman in black robes doesn't wear a habit! She may not easy any case, since be to find in she spends many pi her non-law school hours working HI .1 research org.mi/aiion called I he Center for community at large. Sister Kathleen Rimar to adjudicate disputes involving After a complaint is filed with the student prosecutor, an arraignment is set. At the arraignment the court rules on the sufficiency of the complaint and 'then accepts a plea from the defendant. If the defendant pleads guilty, -the court proceeds to impose a sanction. If the defendant pleads not guilty, a hearing date Is set. Although the court has the power to subpoena witnesses from the student body, the rules of evidence are generally more r'elax'ed'thah'those'in a civil opportunity to get practical experience. There are currently six students working under the tutelage of Steve Lacher in the Justice. The Student Wide Judiciary, a judicial body whose purpose it is university operation- of PLSC in its corrections component. The clinic is able to provide sorely needed assistance to the PLSC while giving law students the The Center for Justice was established to provide up-10-dale informalion on current domeslic and world social problems for religious groups and the by Donna Natoli infractions of the SUNYAB Rules & Regulations by students, is composed of day and Millard Fillmore College students who hear cases initiated through the student prosecutor's office. The court's jurisdiction extends to all undergraduates and covers all infractions of the student Rules & Regulations that occur within the confines of the University campus. Any violations of the rules occuring within the dormitories are initially brought before the Inter-Residence Judiciary. Any decisions reached by the IRJ can be appealed to the SWJ. Some common offenses that the SWJ deals with include election disputes, theft of state or personal property, and misuse of client population has been examined by the Legal Services Corporation: there is approximately one attorney for every thousand clients in the public at large. However the ratio for the consumers of legal services is about one attorney for every ten thousand clients. the SWU members: Back row Dormer, Alan Alperin; Rhonda Schechtman. - - Rob Kapito, Louis Masur, James Brandt, Andrew Front row Brian Jacobs, Mary Ruocco, Deb Sorbini, or criminal trial. If the defendant afford to litigate -in a city or is found guilty he may appeal the county court trial. court's decision to an appellate The present chief justices of panel of the SWJ, just as he may the Student Wide Juiciary are two appeal a sanction assigned at seniors, Deborah Sorbini and arraignment. Rhonda Schechmar). Sanctions of the court include warnings, disciplinary probation, Anyone who wishes to bring a restitution, suspension or complaint involving an infraction expulsion from the university. In of the student Rules & the case of suspension and Regulations should contact the expulsion, the court makes such -student prosecutors office in 30N recommendation to the president in the basement of Harriman of the university who delivers the Library on the Main Street campus. finaldecision. Many of the cases heard by the There is also a need for defense criminal could be heard attorneys court in to represent defendants or civil court. In this regard the in these cases. Any law student SWJ provides an alternate forum interested in volunteering his time for those students and should contact the Legal Services organizations who could not office on the Main Street campus. . "The Church in the last fifteen years has moved toward greater involvement in world problems. It has called for all Christians to make a commitment lo Ihe promotion of peace and justice in the world," explained Rimar. "A concern developed lhal the religious community didn'l really know what was going on; there was a great need for communication. Out of this need emerged the concept of an information center, and the Center for Justice was started," she said. "The Center was originally intended lo educate sisters on important issues," she continued, "but it soon became apparent that this focus was 100 narrow. This service needs lo be provided for everyone since these issues affect their daily lives." inquiries abou the Church stance on birth control and abortion. I don'l feel that the Center should concern itself with this since there are controversy already so many groups, including religious ones, who do. There is other valuab|e work that the Center can do," Rimar noted. Rimar is personally interested in achieving social justice for all members of society and hopes to use her legal education toward that goal. "An understanding of the law is essential as a basis for figuring out how to change it," she said. "You have got to get into the system first in order to make it work." "Law school does orient you to the status quo, so it is important not to get co-opted by the system and lose your ideals," Rimar added. Rimar wouldlike to be able to do some legal counseling from the Center in Accordingly, the scope of the addition to pursuing her other organization was broadened to goals. Although she. has a good reach out to the whole community. Only one other sister relationship with her fellow works with Rimar on a full-time students in section 3 and has the basis; the rest of the staff is made greatest respect for her professors, up of volunteers. The sisters spend Rimar still finds it hard to be a a lot of time doing research on law student and remain idealistic: and keeping up with current "I sense an attitude of resignation issues. They share this in my professors. They feel that informalion with other groups idealism won't win a case. It's and give many talks on their discouraging. Ideals should be reality, b^t not fin*ws.-) iodm ,* vfempered wj^i, Rimar believes .. , in promoting forgotten." �December 2, OPINION 4 1976 Music is 'outlet and escape' for law students But time has been a problem for the and jazz. At present time he is working still like to be in a position to significantly Quartet which recently turned down a job cooperatively with a friend on composing a improve his community and this would be offer by Ruby Red Restaurant because of musical play. difficult to do in a music career. But law pressures of school. Another handicap to When asked how he happened to come itself is so demanding that it would impose Ackerman is the lack of an available piano to law school from a music major restrictions on the time he could devote to for him to practice on. He noted that he background, Greenberg explained that law music, Greenberg said. only manages to practice a few hours a developed as a simultaneous interest in Greenberg also sees music as the best week, whenever he can find a piano to use. college. He had become politically Ackerman expressed similar sentiment motivated and perceived law as a way to get away from the pressures of law expressed by other law school musicians. profession with expertise to effectuate school for even short periods of time. "Music serves as an outlet and an escape. If change. However, now he finds himself Besides playing, he enjoys taking scores of you are really serious about music, you torn between law and music when music out of the library to follow recorded considering post-graduate plans. He would symphonies. concentrate on it, and it removes you from ' whatever else you are doing." Peter Ackerman Country music and rock are the by Sharon Osgood The more we inquire, the more we find. Since the last issue of the Opinion, several more law school musicians have come to our attention. Th ird year law student, Peter Ackerman, considers himself to be a serious musician. He plays piano primarily, though he did play some percussion as an undergraduate at Hamilton College. All kinds of are appealing to this young man, who has been playing piano since the age of eight. He took formal lessons until theage of fourteen but when he tired of them his mother, a classical German Lieder singer, allowed him to stop the lessons. About that time Ackerman discovered jazz, which he appreciated for its spontaneity and sound. Since then jazz has predominated his musical experience, although now, Ackerman would like to again pursue classical music, he said. The Pete Ackerman Quartet has been in existence for about a year, though present members had had another group before them. Aside from second year law student, Bob Kaiser, who played with the group once, other members are non-law makes beautiful music without benefit ofpiano at a recent SBA party. favorite styles of" third law student, Rick Greenberg, who plays the guitar and flute. Greenberg plays with a three member group called the Texas Red Hots, which formed just a few months ago. Hehas also done some solo performing, but not in the Buffalo area. Originally from Queens, N.Y., Greenberg attended Harpur College in Binghamton, where he majored in music. He had had no lessons prior to college, however had taught himself to play clarinet. Though he also plays saxophone and piano, his main skill is in the field of composition. Greenberg states lhal he has composed all kinds of music songs, pop, - people. Book Review Twenty years later: Labor's Untold Story still rings true by Ron Eskin Probably the most appropriate a history is to wait twenty or twenty-five way to review awhile, years, and then to observe whether its analysis has matured or gone sour. Good histories illuminate past events, and, if they are successful, cast a mighty shadow into latter day thinking. The passage of subsequent events dissolves the excesses wh'ch adhere to the work; and that which remains endures as the author's contribution to historical analysis. If the postulated assumptions which the book uses to explainhistory continue to ring true, thenit is a good book. Labor's Untold Story was published at the nadir of Coid War America, in 1955. Domino theory was the gospel among policy makers, and Communism (the dictatorship of the proletariat) was believed to be a sort of international "blob" an ever-growing mass of irrational goo which threatened to engulf the world. It wasn't hard to find bastions against Communism. They could easily be found in the most surprising places: in the ACLU, which refused to accept membership applications from any who had been affiliated with a Communist organization; in the liberal wing of the Democratic Party where the hysteria about the "red peril" was as severe as that within any group in the country. Labor unions were the organized political bodies of the proletariat. Lots of old Communists were, in fact, in the forefront of the progressive labor movement. It doesn't seem at all odd, therefore, that post-World War II politics was counterproductive for the labor movement. It was a period of social retrenchment, and one when it was fashionable to - identify even modest proponents of labor's cause with a Communist front. The authors devote many pages to showing that red baiting was an old technique, one which persisted from the very origins of the movement. Its use was not confined to the exclusive province of manufacturers and businessmen against their employees. En trenched labor leaders unabashedly attacked membersof the rank and file who threatened their security: "Speaking of the general fear of revolution (historian) Dulles continues: 'The big strike is on. The workers haymarket riot, that'appeared int are out solid. It looks like they are theNew York Tribune: going to win that wage increase. Then suddenly* the strike leader is thrown in "... The men appeared crazed for a jail, charged with being a 'subversive fanatic desire for blood and, holding its alien' and held indefinitely forpossible ground, poured volley after volley into| deportation. the midst of officers." Sounds like the answer to a bosses dream, doesn't it? But it's no dream. Once extracted they were able It's the McCarran-Walter law in operation." to show why the primary source material was not to be believed. : : Labor's UntoldStory sketches its fundamentalhistorical premise with yearsofstorylike color. That premise is that labor is America. Labor's story is the story of the American people. But the .American people do not get to hear their story from textbooks, 'The leadership of the AF of L wasas from newspapers or any of the violently hostile to Communism as the media. Alt of the institutions governing board of the National Association of Manufacturers. empowered to disseminate (Samuel| Gompers was in the very information reflect their bias, and forefront of the red baiters who were their bias naturally favors helping to create the hysterical preserving priveleged their own intolerance of the period status. Thus, the word came down (19 19|. to the working people in a form Boyer and Morais construct a designed to create and maintain discernable line of intolerance an atmosphere that assured the across 150 years. After reviewing perpetuation of current economic the legislative history of the Taft and political resource distribution. Hartley Act, they lament upon its The issues.which the powerful effect: " these unions who used to pump up desired refused to kpuckle under to the images of labor varied.the. Usually it violation of the CIO constitution was the Communist threat; were 'through Communist sometimes it was the way the domination serving the purposes "dangerous power of labor" of Soviet foreign policy." The supposedly impeded the little guy purported "red"unions, including from working where he wanted; 1 the UE (which later published this always it was something beside book), were expelled from the the real issue whether the CIO, people of America, and whether Then came the McCarran American labor will continue to Internal Security Act and the be controlled by those who can prosecution of labor manipulate invested capital. "Communists" under the Smith Boyer and Merais focused on Act, both in the early 19505. red baiting because that was the Labor publication after labor prevalent decoy during the time publication began to acknowledge the book was written. But the that the red scare was not directed power behind this book at Communists at all, but aimed transcended the specific issues directly at the .jugular of the within it. Its magic lay in its entire labor movement. It historical method. Rich in responded: ■ primary source research, the book "The March of Labor showed how this ; extracts certain news reports like law could and is being used against the following one concerning the labor: .. . interviews I would never have realized that the teachers were primarily interested in restoring resisting 1 cuts in curriculum, the expanded class size and like. Yet not a single article was devoted to describing the suggested cuts; not one gave a fair account of the reason the teachers would willingly forego two weeks The difficulties which confront ai pay and its leadersrisk jail terms. historian are similar to those thatt The strike was the sole culprit: , - present themselves to strike newspaper-reading citizens. How against the Buffalo -school system, "By continuing their illegal- can one know what to believe striking members of the Buffalo except by trusting what is in the Teachers Federation -are -continuing to news? It is ordinarily the only set a very bad example for the upils whose minds and lives they are choice of information that one is supposedly dedicated to molding." offered. Buffalo Courier Express, Sept. 21, By combining a variety of: 1976. primary source, as well as secondary source research, the ."School Board member Mrs. Baugh denounced what she described as a authors presented news reporters goon squad operation." Buffalo of their historical Courier Express, Sept. 22, 1976. in the premise Which was discussed above. Very simply put, news; "The longer the strike continues the reports, as they appeared to the worse off the kids and their parents be." Buffalo Courier Express, public were extremely hostile to will Sept. 22,1976. labor. Naturally, this insight can b< It goes on and on. What will"the some value to us living in America annalists say about the strike as twenty years after the book was they look back on it twenty years published. We read the news and from today? Generally they will rely on it to obtain information. condemn it just like the The news reports surrounding the newspapers have, since that is recent prolonged teacher's strike their dominant source material. in Buffalo are indeed quite They cannot really find out about revealing, especially in the choice the strike its motives, its goals of verbs they assign to their and its stakes unless they accept actors: the premise of Labors Untold "School board restores cut programs; Story. That premise tells us of a ; BF T scorns concession; impasse history behind the papers, worse," Buffalo Courier Express, Sept. underneath the documents, one 23, 1976. which breathes with the vigor of "BFT attacks Taylor Law." Buffalo colliding human concerns. Evening News. Sept. 22, 1976. short, history is In "BFT refects new pay hike offer; Pisa opposes 'implications' of BoardI and for that reason demands a the proposal." Buffalo livening News. preliminary analysis, of Sept. 21, 1976. conflicting forces in the society All this attacking, rejecting andI before history can be written. If scorning kind of makes you feelI the historian fails to carry out this like these teachers aren't very nice: task, then nobody will be able to people, and are probably being effectively penetrate the bias, and 5 quite unreasonable. But for thes the issues behind the strike will buried quotes and the isolatedI remain forever masked. , ' - .' dialectical • �December 2, 1976 OPINION 5 Wide World of Torts by John Sifnson intitled Monopoly for Lawyers. These are the rules as developed tfius far: If player A steals a deed from player B and keeps it for two turns Player A's By Adverse Possession. (A note: see The Gun vs The Tophat regarding the hostility The law of Gravity was ruled requirement where the following unconstitutional by the Supreme Court transpired: early this morning; people are advised to Gun: "Your honor, Tophat didn't beware. Justice Rehnquist's majority hold hostilely." opinion stressed that the law posed too Tophat: "But your honor, everylime, great a restriction upon the fundamental he turned his head I gave him the finger." {Held for the Tophat.) liberties of individual movement and land use. There are also jail penalties for He further found the law to be Attempted Free Parking People are administered in such a way as to violateall encouraged to cheat on dice throws, democraticand equal protectionprinciples. subject to fines or jail sentences.* The Justice postulated that given the law, a The IRS has determined that Tax fat person and a thin person jumping out- Consequences will no longer be left to of the twelfth, floor of the Watergate Hotel chance or community chesl for that would hit the ground at the same time. matter. The tax year will be measured by (Here is an excerpt from Rehnquist's twelve times around the board at which opinion): point income tax will be assessed. (This "These scientists do not believe in the will also give rise to Tax Evasion, unknown law as we know it, but in the law of a man in Common Law Monopoly.) known to be a heretic: Galileo. What is so Free Parking, as a windfall, will be horrible about their beliefs is that no Judge charged at a 90% rale regardless of is there to arbiter the law. There are no recipient's financial status. Due Process safeguards. It merely exists as The number of procedural safeguards it is. to be allowed those Going Directly 10 jail "People do not argue about it, they has not yet been determined; however, simply accept it. Isaac Newton saw an Justice Dougfas in Battleship vs Go apple fall from a tree. It did not matter to Directly to fail, Do Not Pass Go, Do Not gravity law whose tree the apple was from! Collect $200, (dissenting), found it hardly Newton stated: fair to withhold the monthly wage^of a 'It does not matter whose tree the worker merely because of an unrelated apple falls from, it wjll fall just as quickly criminal c.harge. However, the majority per regardless of whose tree it is.' " Rehnquist stated, "As everonc knows "This is simply false," continued Monopoly is Monopoly." Rehnquist. "In the Real Law, we know .1 i lo a recent game, the following that certain apples never fall, while others transpired: A exchanged Blackacre for fall very very fast! Philadelphia Park Place with B. Since Park "In still another experiment, Galileo Place was worth more lhan Blackacre, it dropped two objects from the Leaning was further^ agreed that A would not have Tower of Pisa. One was an injunction, the to pay any rents to B when landing on Park other a Supreme Court decision. Galileo Place. postulated that they wouldboth fall at the Two "turns later, C look all of A's same speed. Apparently Galileo was properly as settlement for legal fees. (A unfamiliar with the doctrine of stare was caught embezzling from the Bank, and decists;" ■■■ hs«i ti m ■■■ did not have a Public Defender Card Justice White, in a dissent joined by formerly Get out of Jail Free.) In any case, Brennan, Marshall, Powell, Stevens, C was now in possession of A's properly. C Blackmun, Stewart, and Burger, C.J., said landed on Philadelphia Park Place. that Rehnquist was obviously right as to B tried to collect rent from C, but C gravity's restrictions, they were however, stated thai the casement granted by B lo A troubledon jurisdictionalgrounds. was appurtenant, ralher lhan in gross, and In a separate dissenting opinion, therefore slill in operation. (Martin vs Burger, C.J., spoke about ihe adverse Music, Music, Music!) B look C lo court lo effects that the law's repeal would have on fight the easement. While this was going the game of hockey. Justice Meckler, on, A got out of Jail on the Embezzlement dissenting in part, concurring in part, Charge and proceeded lo burn down all the answered the Chief Justice succinctly, "1 Houses and Hotels on the Board. Arson, a capital offense, meant immediate hate hockey." exec i*'ion of A. As his last request A was today, this allowed lo pass Go, and Collect $200. He developments other In reporter learned that a Buffalo law student, was then executed and buried at sea in the generally presumed unemployable, was Mediterranean. As Roy and Dale used to say at the" close, to a deal with Parker Brothers"Game Co. Her position is to create a new game, end of the show, HAPPY TRAILS. "Go Directly to Jail! Do Not Pass Go! Do Not Collect $200!" A Due Process Examination of Monopoly — — UNIFORM COMMERCIAL CODE. V2-314m i ; Mtvrawj leloAowol SENTENCE 2 IffiHotJool Iwija'ipt Is Bluebird happiness? SBA reps meet with shuttle officials by Vikki Edwards There has been a good deal of discontent among thelaw students who use the campus bus service. One of the major complaints is that the buses run too infrequently, especially in light of the increase in express buses which stop only at Governor's residence or Ellicott complex. Last year there were a few express buses but this year the majority of buses are expresses with a shuttle service running every 20 minutesbetween O'Brian and the other buildings on the Amherst Campus (currently handled by route n0.6 buses). Some of the other problems with the bus service include: 1) scheduled buses are often filled by the time they reach O'Brian or thgy simply bypassO'Brian filled or nol; 2) buses are inadequate on holidays and weekends when the law school frequently schedules examinations or classes; and 3) lack of a shelter al the present bus stop for O'Brian. In order to find some answers, a meeting was arranged on Oct. 18, with Dr. Paul Bacon, Assistant Vice President of Finance & Management and Roger Frieday,Director of Campus Bus Service. Allan Canfield was also present representing the law school administration. At this meeting, B.tcon and Frieday indicated a possibility that all buses which run from Main Street Campus directly to O'Brian. will be halted. WUh the institution of such a system, there would be shuttle bus stops al O'Brian every TO minutes. Subsequent to the meeting, Frieday said there is also the possibility that there will be additional express bus stops in this proposed system which will stop at the flag pote loop just south of Capen Hall and westofO'Briari". A number of reasons were given for the institution of such a system: first, 80% of the bus use is at Governor's and ElMcolt, second, the activation of the access gates to Putman Way (the road directly in front of O'Brian) will make it impossible to retain the routes .presently in use, third, the present routes are highly inefficient because the winding nature of the roads - make bus runs extremely slow,and finally, budgetary constraints make the present system inefficient. In response to these points, some of -which cannot be overlooked, law school representatives urged that the law school be included in the implementation of the new system so that the interests of law students are adequately met. The representative from Campus Bus Service assured us that the new system would be more responsive to the needs of law students since the express buses would cut down on the run time and an efficient shuttleservice will only add a few minutes o theI'total trip time. To insure that law tudent interests are represented, a .chedule is being sent lo Campus Bus Service every semester and two student representatives' are maintaining an on going relationship with that department. In response . to problems with the system, Bacon and Frieday suggested that students who are waiting for present a bus lake the first express bus and use the shuttle system rather than relying solely on Main Street O'Brian runs. They also pointed out that there is a Round Robin service on all days when the rest of the university is not in session and urged that students use this when necessary. In addition,it was pointed out that Metro Bus Line no. 44 runs from the Main Street Campus down Millersport and that students might avail themselves of that service if necessary. If any problems with individual buses, such as, full buses or buses which do not slop, should arise, students should contact Frieday at 831-1476 with any complaints. In response to the need for shelter at the present bus stop, Frieday noted this is a Facilities Planning problem but thathe has hopes that the roadway would soon be fixed so the stop can be moved to use the O'Brian vestibule as shelter. When questioned about the possibility of a university owned bus system, Bacon and Frieday replied that labor and operational problems prevented implementation of such a system. Civil, criminal mock trials set for Saturday Third year students taking the trial technique course will hold mock trials this Saturday at Buffalo City Court and Erie County Hall. A total of twenty-six trials will be. held simultaneously beginning at 9:30 a.m. in various courtrooms of the two buildings before volunteer Buffalo area judges. Half of the trials will involve a criminal case of alleged armed robbery; the 6therhalf a civil case ofalleged police brutality. According to Professor John A. Stenger, spectators are welcome. Although arrangements have been made to have volunteer jurors on hand, spectators interested in serving as jurors may have the opportunity to do so. . ■ (*■ ■ .' .',-• �December 2, 1976 OPINION 6 Insurance Law Contest Faculty to review bias The Federation of Insurance Counsel Foundation announces its third annual Student Essay Contest. First prize: Second prize: Third prize: $1,000 500 200 All prize essays will be published in the Federation of Insurance Counsel Quarterly. Submission Deadline is May 1, 1977. Further inforpiation can be obtained in Allan Canfield's office. ... Judicial interviews — continued from page one Wilbur Trammell, who was a Buffalo City Court Judge from recently. "Hopefully, I'll bring 1968 until 1971, was recently experience and sensitivity with me elected again to that position. Trammell, who has lived in when I assume my duties next Buffalo since early childhood, and month." McGowan, a Canisius College whose father was a minister here, graduate, was a Buffalo policemen told Opinion that public service is from 1947 to 1957. After having much more rewarding than private graduated from UB law school in practice, and he is looking 1957, he joined the District forward to again resuming Attorney's staff. responsibilities on the bench. Trammell attended Howard In 1962, he was elected to the Board of Supervisors for two University, then served in the Air years, and he served in the State Force before receiving his J.D. Senate from 1966 to 1974. from the University of Buffalo in McGowan was appointed to 1953. After several years in private Supreme Court in 1974, but lost the 1975 election. "After having practice, Trammell was elected to been elected to various offices the Buffalo Common Council in eleven times in a row, it sure hurt 1960 for two years. Later, he to lose last year," he said. "But served as Director of Real Estate that makes my election so much for the City. After his first judgeship ended in 1971. nicer this year." McGowan stressed that Trammell ran unsuccessfully for government needs individuals who mayor in the Democratic primary have been trained in law school. in 1973. Trammell expressed a strong "Law school teaches objectivity, and it also teaches sensitivity to desire in seeing more minority enroll at UB law school. frailty,'something all students human we need to understand a liltle He told Opinion that in 1969, better," he said. He also urged I ''Citizens for Trammell" students to examine the positive sponsored a testimonial dinner accomplishments of government, ■ which raised $1500 for a minority and concluded by pointing out scholarship program at the law that "if you don't get involved, school, and he expected to take you might not agree with the an active role in this area in thf future. views of the people who do." David Alexander At their Nov. 5 meeting, the faculty accepted, with minor amendment, the recommendation of the Committee on Committes concerning the charge to the Self-Evaluation Committee whose function it is to perform ongoing self-evaluation of its policies and practice's in compliance with Title IX of the Education Acts Amendments of 1972. ("No person '~. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.") The Committee shall establish procedures for investigating student and employee complaints of sex andrace-based discriminations, and remedies and modifications shall be recommended to the dean to eliminate the effecits of such practices. The Committee "shall also consider the desirability of undertaking affirmative action to overcome the effects of conditions which have resulted in sexually and racially differential rates of student applications, employment of academic and non-academic personnel, and participation in the Law School and legal community." (The Self-EvaluationCommittee's jurisdiction will be supplementary to that of the Minority Students Program Committee with respect to racial discrimination.) The motion recommending equal student representation on most student-faculty committees was recommitted to the Faculty Student Relations - complaints further discussion and written clarification of the reasons for the proposedchange. In an announcement, Professor William Greiner indicated that the proper procedure for extending the deadline for'torm papers was to file a written request to that effect with the registrar to ensure that any extension was on record. The possibility of a student receiving a "hopefully unintended administrative "F" will thereby be avoided. Greiner also informed the faculty that the procedure for requesting a change in the examination schedule must be commenced with the registrar's office which will evaluate the request according to the rules specified in the Student Handbook. Private agreements between students and faculty members will not suffice to effect the change. The student may appeal an adverse decision with APPC. The faculty was asked to submit names of qualified Law ■ faculty members from other institutions who might be attracted to a position at U.B. By consensus the specialty to look for was corporate law; other mentioned were economic and comparative law. Professor Mann, chairman of the Mitchell Lecture Committee, submitted a memo for approval, which was accepted, to forward letters of invitation to Senator Michael Mansfield, Yale Kamisar (U. of Michigan), Attorney General Edward Levy, Guido Caladusi (Yale Law School), and Boris Irving Bittka, in that order, toassume the Mitchell Lectureship for 1977-1978. Board by MadelineBernstein and pending : , Gripes... — . continued from page two Many materials, cut last year have been re-ordered (see Opinion article, "Newhouse Checks in as Acting Library ■ Director," September 9, 1976) The staff is said to be doing the best job it can. Some students wondered if there might be a better way to organize the tasks needing to be done until funding does become available. It was complained that materials are never in place in the library and this severely hampers research. The librarians suggested that students police themselves better; students are responsible for reshelving materials. A student voiced concern over the lack of adequate lighting In the parking lot and on the path leading to it. There are lamp posts but the lights are not on. The Dean said he would speak with campus maintenance about the problem. (See Letter to the Editors, from Dean Headrick, in this issue) Another security problem was raised. The condition of the pathway to the parking lot, especially at the point where the "swamp" runs'over it, is a hazard to the persons forced to travel there. The law school has no direct control over this matter, but Wade Newhouse stated that he thought calling in complaints might bring on some action. Newhouse has taken it upon get action in the past. The University must be made more aware uf a problem before it will do anything to correct it, he said. On the subject of parking facilities, it was complained that there simply are not enough spaces in the lots nearby for all who need to park;. People complained about tickets issued those who park on to unauthorized spots. Headrick seemed to feel that the situation will have to be tolerated. Handicapped parking spaces will be reserved and it is a hazard for cars to be parked outside the yellow lines, he noted. A student wanted to know if the exam schedule could be changed to avoid subjecting some students to two tests in two days. WalNn said it could only be done by lengthening the exam period. Since students have asked for the semester to end before Christmas, and the ( Court of Appeals mandates a certain number of class hours, it is not feasible to lengthen the exam period. In answer to another question, it was an no vneed that room s are available for students to type their exams, but provisions should be made in advance. Whether the Q grading system can be evaluated was another question. Greiner said that It could be but he feels the system is fine. He advocates the use of letters of recommendation instead of more, grades because grades can himself to telephone officials to 'be so meaningless. Some students Western New York lawyers to a recant Law School seminar on the Tax Reform Act of 1976 was so overwhelming according to Assistant Dean Jay Carlisle, that his office it still taking requests for showings of videotapes of the program. About 700 lawyers turned out to hear Professors Louis A. DelCotto, Kenneth Joyce and Al Mugel and Buffalo lawyers George Zimmerman and Gordon MacLeod discuss various aspects of the new law November 11. Response by with mediocre grades will make fine lawyers, he remarked, and there are some "straight H" students thathe ask to replevy a dog" for him. Greiner said it would be a difficult undertaking to do a special evaluation study on the grading system and the results would probably not be worth the work involved. A better alternative is counseling students how best to present this grading system, Greiner said, volunteering to do this himself. He invited the students to do an evaluation themselves if they are so inclined. Some students were worried about registration because their TAP awards had- not yet come through. The Dean will speak to parties involved in theregistration to avoid difficulties. Another person wanted to know how order of registration is decided. He claimed that in his three years here, he has been shut out of many courses every semester. Newhouse and Greiner will speak the Admissions and to Registration people about this. It was also requested that notice be given in advance of which courses will be offered so that students may more effectively plan their curriculums. Wallin explained that he would like to do this. Currently, a.plan is being drawn up to plan courses in advance and to find* out what courses students would like to see offered. The Patents Cours is an example. It will hot be offered next semester because there is no to teach it, he said. Possibly it will be offered next tone free fall. Bus service to the law school was another issue discussed. Allan Canfield, Assistant to the Dean, and Vicky Edwards are working with a group planning a needs study to determine what service is*1 required by the law school community. Negotiations with the transportation department have been entered into a few times regarding bus drivers' smoking on the buses, the changed location of the bus stop, and other matters. It is felt that in order to obtain any response to a demand for service, a plan should be drawn up specifying particular ways to remedy complaints. It seems likely that student initiative will be required in this matter if anything is to be done, panel members said. The amount of time taken by professors to hand in grades was the focus of another student question. Some professors would like to see all of their colleagues hand in grades promptly, but a suggestion was made thatit might be worse for the students if professors were forced, against their wills, to hand in grades on time. The last subject discussed at the open question session was what was' d c scribed as "inadequacy" of orientation for incoming students. There seems to be no set procedure for planning and carrying out the orientation program. Apparently orientations have been organized by the faculty, the administration, and the students in the past. Students were encouraged to act on their ideas if they were concerned. Laufer mentioned that he feels it would be impossible to avoid all discomfort for first year students, even with the most complete orientation program. In essence, the orientation lasts the entire first semester. At the end of the session, Newhouse remarked that he was upset that students brought up on ly complaints during the meeting. He wished that students would feel as free to make positive comments about the Law School as well. Impressions — Reality suggests that first impressions are important. Your resume is not only a verbal communication of your qualifications. It tells another story a visual story. - . University Press special- izes in effective visual communication. Theresult: a professional resume one that makes an impression. Call 831-4305 or stop by 361 Norton Hall. - We help you Make them �December 2, 1976 OPINION . 7 Student Bar Association Budget .".Organization & Line Amount Allocated Student Bar/75-76 Out Encumbrances Women's Law/Office Expense Women's Law/Convention Women's Law/Newsletter Women's Law/Postage 35.00 223.00 BALSA/Convention BALSA/National Dues BALSA/Recruitment 35.00 200.00 200.00 300.00 300.00 BALSA/Office Expense BALSA/Minority Symposium . • - BLP/Postdge Distinguished Visitors Forum/Office Expense Distinguished Visitors Forum/Honoraria Distinguished Visitors Forum/Travel & Food Distinguished Visitors Forum/Publicity Environmental Law/Office Expense Environmental Law/Convention International Law/Office Expense International Law/ Convention International Law/Membership Dues International Law/)essup Moot Court International Law/National Dues LSCRC/Symposium Publicity Moot Court/Office Supplies Moot Court/Printing Briefs Moot Court/Order of Barristers Moot Court/Travel, Meals, Lodgings Moot Court/Tax Court, Judge Travel National Lawyers Guild/Office Expense National Lawyers Guild/Convention National Lawyers Guild/Publicity National Lawyers Guild/Newsletter Opinion/Office Expense Opinion/Equipment Opinion/Printing Opinion/Circulation Opinion/Photography Law Spouses/Office Expenses Law Spouses/Info. Services Law Spouses/Food Service Women's Prison Project/Office Expenses Women's Prison Project/Postage Women's Prison Project/Craft, Ed., Mat. Jewish Law Students/Office Expenses _ Rest, Tuition Waiver Activities Law Review/Printing NYPIRG/Office Expenses NYPIRG/State Board Convention NYPIRG/Printed Materials NYPIRG/Staff Time NYPIRT/Law School Chapter Reports Placement/Career Days Placement/Audio Visual Placement/Out ofTown Program Graduation Sub-Board Allocation Orientation Executive Telephone Supplies Secretary Athletic Fee Disbursing Fee Social/Parties Social/Picnics 50.00 15.00 50.00 BALSA/Newsletter BLP/Office Expense BLP/Travel Albany LSCRC/Office Expense . 25.00 Social/Happy Hours Social/Organization Functions 1975-76 Expenses 35.00 240.00 20.00 35.00 1,000.00 1,000.00 200.00 35.00 150.00 35.00 200.00 15.00 125.00 20.00 35.00 Expended to Date .00 1.50 .00 .00 .00 .00 .00 .00 157.13 ,.00 ..00 .00 .00 .00 .00 200.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 50.00 15.00 .00 .00 100.00 30.00 350.00 155.00 35.00 300.00 75.00 50.00 383.00 70.00 3.950.00 .00 .00 .00 .00 .00 .00 .00 15.00 74.35 34.56 Unexpended Balance 25.00 33.50 223.00 50.00 15.00 35.00 200.00 200.00 142.87 300.00 50.00 35.00 240.00 20.00 35.00 1,200.00 1,000.00 200.00 35.00 150.00 35.00 200.00 15.00 125.00 20.00 35.00 50.00 15.00 100.00 30.00 350.00 155.00 35.00 300.00 75.00 35.00 308.65 35.44 37 1.82 41.18 3,578.18 492.82 100.00 100.00 90.00 60.00 35.00 15.00 50.00 35.00 50.00 2,000.00 44.38 .00 55.42 100.00 90.00 60.00 300.00 .00 .00 .00 .00 .00 .00 534.00 35.00 200.00 315.00 150.00 1,000.00 150.00 500.00 500.00 1,000.00 650.00 350.00 2,250.00 100.00 500.00 1,200.00 1,310.00 2,200.00 125.00 450.00 300.00 1,200.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 15.77 103.61 1.61 15.00 .00 80.03 .00 125.00 .00 50.00 237.70 35.00 15.00 50.00 35.00 50.00 2000.00 35.00 300.00 200.00 315.00 150.00 1,000.00 150.00 500.00 500.00 1,000.00 650.00 334.23 2,146.39 98.39 485.00 1,200.00 1,229.97 2,220.00 .00 450.00 250.00 962.30 �December 2, 1976 OPINION Conference considers aging one conjunction his university — and (3) possibilities with a clinicalprogram. continued from page protection, for abuse. Attorneys Lawerence Faulkner and John Dooley addressed the financial area where the one great problem is a lack of adequate income. This fact is particulary evident in Erie County where, according to Mr. Faulkner, about 1 out of every 4 persons 65 and over is below the poverty level. Although there are federal and state sources of income such as SSI and EAA (in New York), the meager amounts received are insufficient to maintain a decent standard- of living. In addition, there are all the administrative hassles which go along with the receipt of money from the government. The problems in the protection area were addressed by Attorneys Norman ). Kalcheim and Cornelius Murray. Protection generally involves the use of such legal devices as power of attorney and conservatorship in which a reliable individual is given the eKthorlty !o act "in place of" the elderly person in financial According to Mr. matters. Kalcheim, these devices are important for the "peace of mind" of the elderly person as they "protect v against overreaching relatives and the inadvertent dissipation of assets. Of course, it is not difficult to foresee possibilities for abuse in this procedure. For example, 'i nvoluntary" conservatorship proceedings may be brought against an elderly person by these same overreaching relatives. Thus, as Mr. Kalcheim pointed out, it is essential that due. process requirments be fulfilled. The remainder of the conference consisted of panel discussions and workshops which corfsidered the role of legal service attorneys and law schools in the development of programs to handle the special problems of the elderly. There were considerable differences of opinion regarding this. As far as law school curriculum was concerned, Mr. Dooley was not in favor of a law school course specifically dealing with .law and the aging. His reasoning was that the legal problems of the elderly are now in a state of flux and will probably be changed in ten years and also that he saw no absolute need for legal services for any particular group in society. Mr. Rudolph Hasl, Acting Dean of St. Louis Univ. Law School, disagreed and felt that such a course would be of benefit to law students especially those interested in pursuing public legal service careers. In fact, a course in law and aging was pecently offered ' at in Both Mr. Hasl and Mr. Faulkner"approved the use of law school clinical programs for assistance in resolving the legal problems of the elderly. Faulkner, in particular, stated that it would have been impossible forhis office to have undertaken the research and community education efforts that his office conducted this past year without the use of law student interns. He felt that law students in a clinical setting would be particularly effective in the area of "preventative" law, which involves the dissemination of information about legal rights to the community so that possible problems are anticipated and hopefully "prevented." Faulkner also feltstudents could be of great assistance in drafting legislation and conducting research for "impact litigation" cases. In regard to the role of legal service attorneys, the lawyers were of the belief that, at the very least, their role should be one of "advocate" for the individual.For example, if an elderly person desires to refuse the help of a social service agency, he should be able to have his views represented. This concept of the legali "a vtonomy'' of the person produced a good deal of dissent from the social work professionals. Some social workers felt that the lawyers had too narrow an approach to the problem; that the lawyer should consider the expertise of professionals in other disciplines along with the client's wishes in arriving at a plan of action for that client. To resolve the tensions between the professions, various suggestions at cooperation were offered. One suggestion involved expanding the traditional role of legal services to include a social work contingency that would deal with family, housing, and related problems. Another suggestion was that social workers give "in—service" training to lawyers to sensitize them to the problems of aging. f In the final analysis, the majority at the conference felt that law schools and'legal service programs could have important roles in securing the legal status of the elderly. In fact, both law schools and legal "services could work together through the avenue of course offerings, clinical programs, "p^eventative" law research, and "impact litigation." It is hoped that more law schools will consider such a plan of action so that "law reform" work is facilitated and the elderlythereby benefitted. 8 Turn of the Screw by Chris Carty Law students who have not received a Tuition Assistance Plan (TAP) award notice from the New York Higher Education Services Corporation should not panic! You still will be able to register if: 1. You filed your application before September 15, and 2. You are on a list provided to the Office of Student Accounts by the Services Corporation of all students who have filed before that dateand 3. You are currently registered for at least 12 credits, you will receive a $720 credit to your account for the purposes of registration only. In other words, all full-time students who applied for TAP, whether or not they expect to receive the $420 SUSTA award, will be credited as if they do get SUSTA. This mearrs that to avoid a check-stop on registration, a law student must pay the difference between the amount on his/her account and $720. This arrangement does not relieve a student of liability for this amount ($720). If a student ;s ineligible for SUSTA, he/she will still be ' responsible for this amount on his/her account and will be billed accordingly on the spring bill. I am attempting to obtain a copy of "the Isit." If I am successful, it will be available both in my office (Room 303) and in the admissions office on the third floor of O'Brian Hall. Finally, students who have now or expect to receive NYHEAC checks soon will benefit by this arrangement. If, as each NYHEAC borrower must do, the student presents the check to, the Student Accounts Office for endorsement now, and the student has not paid his/her bill, and the student meets the criteria listed above for receiving the $720 credit, he/she may ask that the $720 not be deducted from the check, tf the student, then clears the remaining balance on his/her account, the Student Accounts Office will endorse the check. A Final Caution. Any law student who has any questions about whether or how this arrangement applies to him/her should discuss his/her particular situation with me before trekking to the Office of Student Accounts in Hayes A. A speaker at the recent conference on the aging suggested thatefforts are needed to "tie up the humanizing strands" left hanging by a fast-paced society. One downtown church made such an effort with a free Thanksgiving Day dinner for about 100 of Buffalo's elderly, including these two women. Bubble basketball standings Team 5 (Legal Eagles) Team 6 Team 14 (Naked Lawyers) Team 4 (Hairy Hands) Team 11 Team 12 (The Chiefs) Team 3 (Team Canada) Team 2 (Captain Beyond and the DeBubs) Team 1 (Charge) Team 8 (Contract Police) Team 13 (Jerry West's Supplement) Team 10 (Ultra Vires) Team 9 (Nolo Contendres) Team 7 (Joint Tort Feasors) 7 5 5 5 4 4 3 4 3 2 1 1 0 0 ' 1 1 2 2 2 3 3 4 5 5 5 5 6 CLASSIFIEDS ROOMMATE wanted for large 3 bedroom Apt. on Main) Lisbon Beginning Jan. 1. It's nice clean'apt., not part of slums. Male Law Student or Graduate student preferred, Reasonable rent. Call (Just off 837-4078. graduate or professional students preferred. 884-7859 (evenings). Aug., — ANYONE ■ interested in playing indoor soccer at the Bubble, Wednesdays 5-6 P-m-. please contact Mike Pilarz or Dave Voisinet at FOR RENT, furnished 886-2688. The remainder of the schedule will be played starting January 20, 5-bedroom faculty home, 1977. Playoffs will follow; if money is obtained from the SBA, awards dlst one block from Main St. THE ASSOCIATION of Women Law Students offers busline, available Jan. to the winners. - opportunities to socialize, exercise, gain experience and attend a national conference. We fiave offered .to act as liaison between', potential volunteers and Community organizations, to fulfill any expressed need. There is no formal membership list and no dues. We communicate freely on the door of room 509. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-12-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/2/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b1ac38c0f931312b081f3dbca7b4eb8a.pdf cce77f3ea2848952630c408ccabff23e PDF Text Text Opinion Non-Profil Organization US. Postage PAID Buffalo. New York Permit No. 708 Buffalo. New York 14260 State University of New York at Buffalo School of Law Volume 17, Number 7 Proposed budget includes funds for law students by Connie Farley State University Supplemental Tuition Award (SUSTA) funds earmarked for law students are included in the proposed State University of New York 1977-78 budget but there is no guarantee that they will stay there, according to financial aid officials. The same amount appropriated for law students' SUSTA this year $237,000 is being requested by SUNY Centraland included in the governor's budget for next year. The final decision on what items will be approved probably will be made by the state legislature sometime in late March, Martin Lefkowitz, coordinator of financial aid services at SUNY Central told the Opinion Friday. This year, SUSTA and the state's Tuition Assistance Program (TAP) combined are paying about $1,450 of the $2,000 law school tuition bill for between 160 and 170 law students who are state residents and whose net annual income is less than $2,000. In previous years, SUSTA paid full tuition for students who met those criteria, but last spring, when the state was in the throes of a financialemergency, the program was first eliminated from the budget, and finally restored in a scaled-downversion. The precise amounts paid this year are not yet available because only students who qualify for the full $600 per year TAP get the cont'd. on page four - Opinion John Lord O'Brian Hall SUNY/B, North Campus - — Sec. of State Cuomo heads law panel on government Mario M. Cuomo, New York's will be the a conference on local government and the state Constitution at 10 a.m. Friday, Feb. 25 in the law school Moot Court Room. Cuomo and six other panelists will discuss the Ii m i tations placed on local governments by the state Constitution and the problems thoselimitations cause. The conference, open to law school students and faculty, is sponsored by the' State and Local Government Law Program at the law school. It is the first of a series of workshops and meetings, and is part of the Program's continuing effort to bring together law students, local officials and municipal attorneys to discuss recent developments in state and local governmentlaw. On the panel with Cuomo will be: Robert W. Marshlow of the New York City law firm of Willkie, Farr and Gallagher; Prof. Arch T. Dotson of the Cornell University Department of Government and staff director of the Intergovernmental Relations Committee of the 1967 New York Constitutional Convention; William E. Straub, Erie County Attorney; Myra Stuart, assistant Erie County attorney; Edward T. Rogowski, assistant professor of political science at York College of CUNY; and James L. Magavern, former Erie County Attorney and an adjunct professor of law at SUNYAB Law School. February 17, 1977 Hastings gets youth; UB loses super prof Assistant professor Mary Kay Kane has accepted an associate professorship at Hastings Law School in San Francisco for Fall, 1977. Kane expects to teach Civil Procedure, Conflicts and Remedies at hernew post. A 1971 graduate of University of Michigan Law School, Kane worked on a National Science Foundation Project at Harvard Law for three years before coming to Buffalo. She has been on the SUNYAB Law School faculty for three years. In a recent interview, Kane said that she anticipates larger classes During the Spring 1976 said that her close association at Hastings than she taught here at semester she spent at Hastings, she with Homburger was one of the Buffalo." found working with the older things she enjoyed most. Noting She also explained that, unlike faculty very exciting, Kane said. that the faculty at Buffalo is one SUNYAB Law School professors, She explained thatsince many of of its biggest assets, Kane most of the Hastings faculty are the faculty members had already explained that her relationships over 65 years old. Hastings has made reputations for themselves with all her colleagues made the tried toattract well-known figures in their fields, they were less time ( decision to accept the Hastings who have completed the most pressured and able to spend more position difficult. active part of their careers, but time with students and other ■In response to a question who are still interested in faculty members. teaching, Kane said. Kane compared working with regarding her interests in law The present Hastings faculty the faculty at Hastings to working other, than teaching, Kane includes suchindividuals as Roger with Professor Hornburger, explained that she might Jake a Traynor and William Lockhardi. explaining how the contact with year away from teaching to According to Kane, Hastings is people of so much experience and practice in order to keep in attempting to achieve a better knowledge could be of contact with the more practical balance between older and tremendous value to a younger aspects of the field. She emphasized, however, that younger faculty by inviting a faculty member. In considering her three years teaching as well as research and greater number of young school. professors to the at SUNYAB Law School, Kane writing are her primary interests. , secretary of state, featured panelist at Administration addresses allegations of cheating on exams by Cuomo, a cum laude graduate of St. John's University School of Law, was appointed Secretary of State by Gov. Carey on Jan. 1, 1975. In addition to sponsoring its Feb. 25 conference, the Stateand Local Government Law Program at the law school has several aims, including providing full curriculum in state and local government and offering a series of publications for state and local lawmakersand practitioners. The Program has tentatively scheduled a conference on real property tax assessment for mid-March, according to David Deutsch, a third-year law student and co-chairperson of the Program board. Deutsch added that students interested in learning more about the Program are invited to stop in Room 41 2, O'Brian Hall. Robert Selcov Amid allegations of cheating on last semester's final examinations, the Law School's administration jy\undertaking a study of ways in which to eliminate cheating in the future. At least two students in Prof. George Zimmerman's fall semester Corporations class have made complaints about cheating on the December exam. Students were permitted to bring only a copy of the New York Business Corporation Law with them to the exam, but according to the complainants, several students wrote extensive notes inside their BCL book for use during the exam. Professor Zimmerman confirmed last week that he had received the complaints attached to bluebooks. Dean Thomas Headrick said that whilehe does not know how serious the problem is in general, plans are currently being analyzed that would minimize cheating and the opportunity for it. The Dean said that the existence of a problem in this area was brought to his attention soon after his arrival in Buffalo last fall. After conversations with various personnel at the Law School, he realized that some changes would be necessary in order to improve security on exams. Associate Dean Barry Boyer has developed a preliminary proposal of possible actions which could be taken to cut down on cheating. His suggestions include direct faculty monitoring of exams and premitting students to discuss take home exams, with grading based upon the assumption that it has taken place. This plan has not yet been evaluated by the Dean and Associate Dean Boyer. The Dean said that any plan would have to be fully discussed and thought through before being presented to the Academic Policy and Programming Committee for adoption. In addition, the plan would first be tested for administrative practicality. He any proposal should not interfere with the faculty's discretion to determine the form stated that of examination in their courses. The Dean said that he was not fully satisfied with the proposal's suggestion that discussion of take home exams be allowed. He stated that this results in very similar papers being submitted with grading based upon style and writing ability. Although such examinations may be good learning experiences, they do not serve their function of sorting students out according to their ability to recognize and work with the issues involved. Faculty monitoring of exams is aimed at eliminating the students1 ability to bring unauthorized material with them to examinations. This would be especially effective when a limited open book exam is given in which only specified materials are permitted to be used as references. — cont'd. on page four �February 17, 1977 OPINION 2 Editorial "Ihe uncertain future of the Slate University Supplemental Tuition Award (SUSTA) should be of concern to everyone al the law school; For those committed to providing a legal education lo students regardless of their financial slams, the possible loss ol the funds threatens to change the make-up of the student hotly from middle d\M.\ lower class group, lo a more privileged for those interested in academic prestige, ihe reduction in ihe si/.c of ihe pool of students who can afford to attend SUNYAB Law School may mean fewer bright sludents lo choose I rum; Finally, for the students who could still manage to stay in law school without SUSTA, il would mean longer hours at outside jobs, larger loans (for those whose loan ceilings have nut already been exceeded) and more financial strain on families. A frantic last-minute lobbying effort in Albany got the SUSTA funds restored when they were cut from the slate budget last spring. Thai effort was organized by a group of inleresled students who ultimately received help from the administration and the Student Bar Association. This year, we hope the job won't be left lo anyone who is willing lo take il on. The SBA is the logical group to represent the students to the SUNY officials who make up the proposed budget and to the legislators who must approve ii. Some additional clout from the administration will also be helpful. And now, while the budget is in ihe planning stages, is ihe lime lo start. BLP researches bail and tax topics Buffalo Legislation Project has recent Iv. announced Ms spring semester projects. Gall Heppcll will edit a projecl I'm the Assembh Codes The Student Bar Association is sponsoring a production of Gilbert and Sullivan's "Trial By Jury." Scheduled for performance April 22, the operetta will require about two hours per week ofrehearsal, either Wednesday afternoons or Sundays. Women and men are still needed for chorus parts. Faculty, staff and students interested in participating should sign the list on the SBA door immediately. Pictured at a preliminary cast meeting are, (I. to r.): Alan Gcrstman, Madeline Bernstein, Jim Hohensee, Andrea Edell; sealed: Andy Cosentino. "Trial By Jury," written by Gilbert and Sullivan in the 1870's is the comic rendition in song of a trial for breach of promise to marry. Thereis no spoken dialog and the entire operetta is set in a courtroom. The SBA hopes to open the performance to the general public, charge a small admission and donate the proceeds to the library. The President's Corner Whilt ever happened to lhal old school spirit? What UB Law School lacks more than anything else is ,1 feeling h\ iis students thai lhe\ belong. Instead, alienation is ihe norm .wui a general feeling ol Hue coniraderle is ihe exception. Grab ted we law students do lee! an affinity lo? each oilier; alter all, misery lo\es coinp,in\. ■ Neu'iihek'ss. the student hod\ is relatively small, and therefore some sort of espirit de corps should exist, foil often, we hitch ahoin our slay 111 law school, how the sooner we gel out, thebetter off we are. Well, although law school m,i\ vers well he one ol the least enjoyable experiences we will encounter, ihe school environment could siill he made lhal much more tolerable. Ihe potnl is that out relationship amongst ourselves is oriented almost lotalh around ihe academic sphere of ihe school, namely, ihe I. VAV. Il would be so much more pleasani II students could become acquainted with each othei a\k\ with faculty members on a non-academic basis, tor instance, ihe school could institute some kind of annual event where everyone, students, faculty Ani\ staff, would get together and Rj\ Cerrcla will Committee. Project members Beverh lacklln work wilh her to draft legislalion lo revise the bail laws. Ihe project results from an analysis of the current status ol hail law, a s'uuK'ol alternatives to ihe moncv bail system BI.P completed foi thai committee last semester, and the leslimom ihe projecl members gave at a public hearing on bail reform last November, BI.P is continuing a projecl for ihe Corporation Counsel, C\ nihia Weaver will work with Paul Meyer and John Suda lo revise certain cit\ ordinances to comply wilh the requirements of the fti'sl amendnieni. Becky Mitchell will assist Ldilor Larl Robinson in a projecl requested by the New York Stale Consumer Protection Board. I'hey will update and annotate the New York Stale Consumer Law Handbook to reflect changing legislalion. Ihe Stale Commission on Judicial Conduct has requested assistance from BLP in drafting an amendmeni lo theNew York Stale ihe |udietary to retain Constitution designed to permit the Court jurisdiction over judges after ihe Court has convened, but before charges of misconduct have officially been made. Such ,m amendmeni would allow the Court to continue ils investigation and complete proceedings lo liar a Judge from holding public office in the future. Barry Osier will edit this projecl and work wilh members Larry Aickcrman and Craig |ohnson. Alan Gerslman m~o.\ members Leslie Carron and Kirn Hunter a 1.■ assisting ihe .Assembly Program and Committee Staff in ,m effort to minimi/c conflicts ol interest in ihe operation of hall*wa\ houses by employees ol the Department of.Mental Hygiene. The Schwab Memorial Award Ldilor John Arpey will work, for Assemblyman Ronald I ills to review existing studiesof tax incentives designed to slow Ihe eyodus of l.ssay Contest is conducted each year by the Section of I amily industry from Western New York. Members have nol yel been assigned Law ol the American Bar to ibis projecl. BLP is presenting a seminar wilh Librarian Karen Smith I rid'ay, Association. The subject is any of family law, aspect the I eh. IS, lo acquaint members wilh the resources ol the Documents contest is open lo all law and sludents Libi.nv. Ihe lime lor the seminar will he posted in ihe BLP office. in ihe second anil (bird years of all ABA-approved law schools, February 17,1977 OPINION Vol. 17, No. 7 and to those first-year sludenls Editors: Cornelia Farley enrolled in some schools where Tanis Rcid the subject of family lawis pari of Louise Tarantino Ihe first-year curriculum. Photo Editor: Nancy Mulloy Business Manager: Steve Errante Ltitry blanks may he secured Sialf: |.in Barher, Bnh Ciamlella, Andy Coseiitini), Tcil Flrelqjt, Jeff Granal, from ihe family Law Section, Betky Mitchell, David Munro, (van (ira/iani. |o«l H.xkeil, Kirn Hunter, ABA, 1155 L. f.Olh Street, Slwrun Osgood, John Privitcij, Dave Kittonhiiu.se, Dean Silvers, John ptlhstft., Patrick Stcllato Chicago, Illinois, 60637. Closing An: Kastle Brill, Dan O'Brien dale for entries is April 18, 1977. Hmhmrapliy: Frank Carroll Some descriptive informalion is Coiriiibiitiiins: Slicryl Reich available in Mr. Canfield's office topviwiii I",";..!)!!!!.!.)!!, SH-V \nv lepuhlkalion ul maleiiaK heiejn is or Ms. Consiglio's. l.illlois, sliiLllv' piohilMted ttliliirtii tin- expiess wltiicn loilonsenl ol life v.iiatlun>, duiinit Mw Opinion is plifillsfteil r\en Iwo weeks, except .K.iilfiiiit \ t .it. Ii is the siiitlnit ru-wspapei ol ihe State lJiiiu-isii\ ol Nes . , I aw, SUNYAH Ainhml C..nii|.iis, 1in11.i1... N.Y. views espies*-.! i" iHh MW ■»« m ru'U'ssaiil\ l|]use ol iliu non-pu>Nl oiHani/alioit, Si-.il ol Opinion. Opinion is diloiral |i<ilio ol Opinion is ttllss postal' i-ihried il llnttalo, NA .liiciHiini-il (olJeidiveh U\ llie i ditoii.il Hoaidi Opinion is Itimlvtl \t\ SUA limiii -.lLiJ.nl law I f.s. ( iiMlloii: lJoueisii\ Prew al BtHlalo. Smk ,ti 'HutLito Vctrool ol I tjf.o.I lit I Jiiuii.a Ho.nd oi in.,,1 I " simply have a good i lime simultaneously drinkalcohol. by Barry Fcrtel without having to This semester could mark the beginning of such a tradition al UB Law School. Alan Gcrstman, a director of the SBA, is presently organizing a production of Gilbert and Sullivan's Trial by Jury, a one-aei opera which makes an enjoyable mockery of a trial. Ihe entire production would cosl less than MOO, while I would think thai ihe resulting benefits would be worthwhile. Students would interact in this frolic solely for the fun of il, not for an "H", noi for An) award, not for any "brownie points," and nol even for a job. Hopefully, faculty and staff will also participate. The only problem is whether sludents will gel up off their Hal behinds and take part. Who knows? Ihere might be other such social will help lo make law school just that much more tolerable. We might even have a "roast" ol our lovable faculty by students (as many law schools presently engage in) where students put on a set ol skits mocking various famous membersof the faculty. It's about time lhal this school's constituents, faculty and students alike, got together and hail some fun. events which BAdminstrave ulletins Howard University Law School) is designed lo enable a minority group member to prepare himself or herself for a law leaching career, and at the same time re n del" so m c assisiance to minority law students, He or she may he presently a third-year law student,,or someone who has been out of school for a while. Ihe position has a 2-year lenure, with (I) half the lime of each year devoted toward acquisition of an LL.M. degree, and (2) half ihe lime assisting or advising minority law students with ihe possibility of gaining some experience in formal law leaching, I wo I cllows will he selected. Candidates must be Black, Chicano, Puerto Ric.in, or Native American, ,m<.\ have a distinguished law school report), Ihe llaslie I ellowship, named 101 further information please alter ihe lale |mlge William 11. see Mi. Canlield tft Ms. Consiglio. llaslie (former Chief Judge ol ihe Third Circuit, anil tormer Dean, Law sludenls who regard themselves as matriculants, or as prospective malriculars, in a joint degree program, should contact Mr. Allan Canficld, Assistant to Ihe Dean, as soon as possible, room 311 O'Brian, or telephone 636-2057. * + * A special parkin); spot for disabled students and faculty is operative in ihe Flint Lot, to the Wesl of Ihe Law Building, near lite Hag pules. Sludenls or lacully members who wish lo have a parking permit may obtain Sine from Campus Police, Winspe.u Avenue, if they have a medical note certifying their disahililv. Students and lacully who park in ihe spo's marked for disabled parking run Ihe risk ol having their cars lowed away. A 525.00 line is levied. �February 17, 1977 OPINION 3 Another Buffalo snow job from nature and the press . by Dean Silvers "... Do nol go gentle into that good[light, Rage, rage, against the dying ut ihe light. ." Dylan Thomas Lasl week old man Winter and mother nature combined forces lo wreak havoc upon the children of Buffalo, bringing a stale of siege upon its defenses in this City kindly referred lo as the "Miami of the Norlh." Initially what hit us (besides Ihc snow and wind) was ihe fact that amidst modern technology and all the advances of modem man, Ihe grandeur, splendor and raw power of.nalurc will always remain supreme. After this piece of "philosophical-perspective realization," and seven days of snow, I noticed the development of a curious and strange phenomenon. It seemed that the newscasters' stories of the increasing poor weather conditions. In other wouls, although the weather was getting belter, you wouldhave never known il if you slaved indoors anil Such implications are awesome, and all signs point to an increasing dependence watched the news. upon the media, Irom ihe Granted, the weather was alrocious, crippling New York's economy, and putlinß 'create a Spanish-American lime William Randolph Hearst ordered Joseph Pulitzer to Buffalo in a "deep freeze." Il also deserved Ihe major disasler area funds ii linally lived In ihis "sword," a\u\ conflict wilh his trusty camera and pen, we in America have indeed, we might jusl die by ihis "sword." In a recent movie received. But with the obvious clearing of ihc conditions, why did we still receive this aboul Setiaio, |oc McCarthy, ihc 'Icummunisl-fighler" of ihe fifties, we saw how continuous "snow job"by Ihc newscasters? McCarthy reall/ed Ihe existence ol this great power source. He molded it, preyed upon ii Buffalo is said to be one of the most political cities in this country. Perhaps ihe and eveniuallv became a pan ol il, and hand-in-hand they created one of the darkest media's actions were purely politically motivated by ihc cily government in order to events in American history. receive those desparately needed federal funds. Or perhaps il is pail of modem man's Il is an continued "need to suffer," to achieve a living-martyrdom amidst ihc frustration and totalitarianism, ever increasing bailie of personal liberty versus "technological and lesi we end up like cili/ens in a Kafkacsque society we banality of his modern-day alienations and living conditions lhal make maintained this false ourselves aware. When asked at ,he end of ihe |oe McCarthy movie, "couldmust it happen sense of disaster in Ihe face of the calming weather conditions. again? the.response was, "Hasn't il?" or perhaps more aptly, "Won't It?" whether the media reports were accurate or not is not the major point. Il However^ just illuminates the real and dangerous situation lh.il has befallen us in this technological age. The mass media has enormous power; this is obvious. President Carter sends millions in federal aid to an area of New York he has nol even seen in person, but knows by Tanis Reid from 45-second reports of the national news, and a one-day visit by expert "weather advisor" Chip Carter,his son. Ask a media person why he overplays ihe situation, and he or she will an'swei We'd had j jpHfcl deal ul snow un ITiursdayl So classes were cancotfeil for rrtday.quickly. They were sent up from New York Cily lo report on the wealhVr I rational Hut I riday morning was clear, eyen sunny, and alter bad weather had already pul us audience. Audiences are kepi by maintaining iheir interests. II the\ were lo show scenes behind schedule un the newspaper, I inought I'd lake advantage of Ihe day off hum of a serene Buffalo il would nol hold Ihc audience's attention and Ihe reporter would be school lo calch up on Ihe newspaper work. out of a job. Logically, they must report or even mate excitement just lo keep iheir jobs. I didn't really see ihe snow begin lhal day. There weren't very many windows in And ihe effect js that reality is Icfl wailing, suhservicnl lo the needs and desires of ihe Ihe huilding,l really didn't look up from ihe typewriter until the middleof theafternoon media. when a maintenance engineer walked into my.office wilh a."Whal arc you doing here?" The media has enormous powers lo change perceptions. It is, unwittingly or not, I was sitting <ii .1 typewriter, I mean, it was alnio&t 100 obvious to explain and I the greatest tool of propaganda we have in society. This is evidenced in many fashions. didn'l have in because before I gof a chance to say anything, he asked another question. When insurgents topple a government, ihe first Ihing Ihey do is take conlrol ol the mass "Haven't you looked outside? We're having a terrible storm. Hlly-mile-an-hour winds. media; whenever a leader wishes lo suppress his or her opposition he or she will censor You'll never gel out of here now. If you try, you'll probably free/4 to death. Sixty the mass media outletsand the list goes on and on. degrees below out there." He had a little screwdriver in his hand. "I have to turn your In the media Ihcrc exists a vague and obscure distinction between reality and heat down," he said,and then loft. fantasy. Whether something is fact or fiction is unimporl.ini, for when il is seen on the I nut out .1 bobby pin that looked a little like his screwdriver to see if maybe I could "National News," and lold lo us by Walter Cronkilc (who, incidenlally, in a recent poll, turn the heal back up. No good. AlthoughI didn't realize it .it the time, the lhermosl.il was chosen Ihe most respected and admired person in America), il ht'amh'\ fact! ..was a good example of how well insulated the building was against the vandalism of its inmates. Next, I looked mil the window, or at least I tried lo look out the window. Through the little ol ihe glass thai was not covered wilh frozen ice, all I could see was while, bin I could hear the wind Wowing. My mind is well-adjusted to white noise, so I July5 May 25 SUMMER SESSION came away from the window and returned 10 my typewriter. I It was late in the evening when the maintenance engineer returned to my office. I NUMMM was tired of typing .mil cold. I had called the house, but the folks there were NAME OFCOURSE CREDITS FACULTY sympathetically apologetic. No, I'd have to slay here. The engineer told me lhal someone Dean Monroe Frecdman Fcgal Ethics I had brought us some food. When I got to the fourth floor lounge, I discovered lhal "us" 3 Prof. Aaron Twer.ki ConlliclofL.ws HfIFSTRA I ■yJ 1 OJ. JCV.TY Evidence 4 Prof. Abraham Ordover included aboul forty men a\u\ one other woman. In the group there were one law Family Ln 3 Prof. John Gregory reviewer and two students studying for ihe bar; the others were not students. Filler Prof. Individual Income Tlx 4 Smart /AW I don't know wh\ really, but I feh uncomfortable in the lounge. Maybe it was 3 Prof. John Gregory lull Issues In Public ■IM-/-j rr* * because Ihe room was 100 small for lhal main people. Or maybe because there was this ISC^jHOOL Real Estate Transactions 3 Prof. Herman Hiliman tension in the room. Some people were saying lhal this was lo go on for hours, even days. Remedies 3 Prof. Malachy Mahon Others just sat there quietly, doing and saying nothing. I decided to walk thehalls. Secured Transactions 3 Prof. Malachy Mahon Ihe wind was slill howling and pounding snow against the window.I rom what I Commercial Paper 3 Prof. Alan Resnick Criminal Procedure I 3 Prof. Leon Friedman could see under ihe campus tights, the land in front of ihc building looked like ihe 3 Prof. Ronald Silverman Land Uv Plannini OWTlWier Russian Tundra in Doctor ZhlvQtfo. Perhaps all Ibis would he worth it, il there was a Business Or|anliallons 4 Prof. Jan Deutsch proton™. chance Omar Sharif would come riding up on his horse lo save me. But I remembered Program ° Jy// Constitutional Law MfLm- School Lara was a blonde. Omar was not about to come oul in this kind of weather lor a initM li /Vt; 3 l.ni I 3 I brunette. No, ii "this scene called for a brunette al all, il called for a Dorothy. I could jusl Legal Raponsiblllty Prof. Jan Deulsch see all of O'Brian being lifted into the sky and dropped on the Land of O/. As I thought and the Corporation (seminar) this, while looking into an empty room 106, my mind began filling the seals wilh law school munchkins who were spouting high-piiched legalese in response lo a question sung in a Gorman accent by the munchkin mayor. July 7 August 15 SUMMER SESSION II I fell weak. Il must have been the dinner. Not that I didn't appreciate il, nor lhal, under the circumstances, it didn't taste very good. Il was just the combination: orange NUMBJER juice and chili. And ihen, too, the building was cold NAME OPCOURSE CREDITS FACULTY and most of it emply and FOR FURTHER and I did not feel well at all. I needed restProducts Liability 3 Prof. Aaron Twerski INFORMATION: Labor Law 3 Prof. Eric Schmertz As I turned away from 106, the engineer appeared. He had a. pillow with him. I HOFSTRA SCHOOL OF LAW Advanced Procedure 3 Prof. Eric Lane couldn't imagine having ;t fresh while pillow in a place like O'Brian,but I was tired now, [5161560-3636 3 Prof. Alan Resnick ttablor • Creditor glad and for the pillow. We walkeddown a long hall it was white with lots of doors, all Entertainment Law 3 Prof. Joseph Bianco Seminar In Trial Advocacy 3 Prof. Lawrence Kessler evenly spaced from each other and all closed. Bonfield Constitutional Law II 3 Prof Arthur 11/ \I\TI^) A oflfi He opened the Usl door in the hall. He turned up the thermostat. Promising he would come back in the morning, he locked the door for me and left. I looked around the Estates John Sciullo. Prof. room. It was so white and so clean. There was a little bed and other furniture, all of ii [NIVFiaRSIIY WIIU. Trusts and 4 VI MJM.VJM.M. M. p,of ofLa*\ Duqursnr soil of built inlo ihe room. "• MUMTIAP. m YO«K usso (.WWlll.V SchoolofLw I sal on ihe bed. Il was becoming pretty clear. After two and a half years. il had come lo this. I guess I had always expected it after the Mist semester. And I was really 100 tired at this point to think about it, except I thought if they really wanted lo help me I mean, if they were going lo try to attempt some cure you would have thought ihcy would have-taken this New York Practice book, the one I'd been carrying around lor Ihc last couple ol hours, away from me before they locked Ihe door. Lower Outside Corner - _. _ ' _, - I ' .. : .- . . �' February 17,1977 OPINION 4 Frosh photos gone; LSAT scores stay Students take trial & research honors Nine SUNY at Buffalo senior law students received awards from the Erie County Trial Lawyers' Association for outstanding work in their respective trial technique classes. Ho no red students include Richard Biryla, Thomas Collins, Warren Freeman, Irwin Gilbert, Stephen Lipton, John by Jan Barber Your picture will no longer appear on your law school transcript with your grades and LSAT score. The Law School Registrar's Office late this fall started blacking out the student photos from the back of the transcript. Registrar Charles Wallin said there was no real reason to have the picture on the transcript. The picture has been the one the student submitted when she or he applied to law school. So, in the case of seniors, the picture has been at least three years old. Student Bar Association President Barry Fertel had asked Wallin to give students the chance to delete the picture or allow students to submit a more recent picture to replace the file copy. Ferte! pointed out that the file picture might show a student in casual attire which might not make a favorable impression on employers. He also said the picture could be used for discrimination. Students' pictures will still be kept in their permanent files, Wallin said. The pictures are kept as a convenience for faculty who may be asked by students years after graduation for a recommendation. They can check the file to match name andface. Fertel said he also asked Wallin to consider deleting the LSAT score from the back of the transcripts. Wallin said he would discuss that with the Law School's Academic Policy and Program Committee. "I'm sure all law schools I know put the LSAT score on," Wallin said. "I don't know if it is an absolute necessity." Students' pictures and LSAT scores have appeared on UB Law School transcripts for 25 to 30 years. Molloy, Stewart O'Brien, Timothy Stoufer and Cynthia Weaver. T rial technique instructors selected the students on the basis of their performance in trial simulated situations. At the end of the term, students participated Trial Technique Winners: Steve Lipton, Stew O'Brien, John Molloy.TomCollins, and Tim Stoufer. Not pictured: Richard Biryla, Warren Freiman, Irwin Gilbert in day-long mock trials held in Cynthia Weaver. downtown Buffalo courtrooms before practicing judges and high research and writing course last insurance and other fields of spring. They have been submitted study involved with medicolegal school students acting as jurors. to Medicolegal News and The matters. Papers on any subject of Two second year studentshave American Journal -of Law & medicolegal interest may be taken prizes in a national Medicine for possible publication. submitted. competition for their papers on Amster and Dodd were winnersof First, Second and Third prizes the Desmond Moot Court carry cash awards of $300, $150 lawand medjfine. Meryl and $100. One Honorable Arnster's paper on Competition last fall. Manuscripts for this year's Mention is also awarded. "Voluntary Sterilization Causesof to be submitted the Action for Malpractice" won contest must second place in the 1976 ]ohn P. American Society of Law & Rattigan Student Essay Contest Medicine, 454 Brookline Avenue, sponsored by the American Boston, Mass. 02215 by Society of Law & Medicine, and September 15, 1977. The contest Unhappy with the traditional routes most young Monica Dodd's paper on is open to students currently attorneys wind up following, a number of recent "Determiniation of Death" took enrolled in U.S. and Canadian graduates have decided to tread different paths, honorable mention. Amster's graduate programs of law, letting their law backgrounds work for them in more medicine, dentistry, veterinary creative ways. We spoke with one of the more prize carried a $100 award. The 25-page papers were medicine, pharmacy, nursing, successful of the adventurers, Miss E.L. Pirkis, who Hyman's social work, h osp i tal has quietly but fecundly been putting out a new written for Prof. Jacob section of the freshman legal administration, public health, series of novels for young readers. Cherry Ames, Student Lawyer; Cherry Ames, Tax Auditor, and Cheating cont'd from page one Cherry Ames, Watergate Special Prosecutor have Registrar Charles Wallin said have the discretion to impose a been great sellers. Cherry Ames, Estate Planner, and Cherry Ames, Public Utility Rate Regulator have not that he was aware that a student suitablesanction. Wallin suggested that effective done quite as well, but Miss Pirkis feels that the lack in Prof. Zimmerman's class had submitted a note alleging that punishment would be to place a of public acclaim for those titles points to the cheating had taken place. If any note in the student's file that he general lack of interest in esoterica on the part of student has a specific complaint, or she had been caught cheating youngpeople today. the proper procedure is to submit on an examination. This would In Cherry Ames, Tax Auditor, Miss Ames poses a grievance to the Faculty Student make it extremely difficult for as a customer at La Grenoudille during an that student to be accepted by the investigation on non-reporting of income by Relations Board, he said. Character Committee of the State headwaiters. In this searing novel Miss Pirkis not The FSRB has jurisdiction over Bar Examiners. More extreme only gets to exhibit her virtuosity for the more student grievances. The alleged sanctions, such as expulsion from intricate sections of the Code, but her not wrongdoer would be entitled to a the Law School, while within the inconsiderable accomplishments as a gourmet are hearing before the board.-If he is Board's power, would probably displayed in her recipes for Coquilles St. Jacquesa la Maison, and a divine Chestnut Mousse that will send found euilty, the board would not be taken, he said. cont'd. frompage one you gasping for air. SUSTA fn Cherry Ames, Watergate Special Prosecutor, additional SUSTA funds, and delays in processing TAP applications Cherry meets the son of the Attorney General, and have made it difficult to determine who is eligible. Law studentshave after soulful looks during a pre-trial motion to been allowed a $720 credit against their fall semester tuition and a dismiss the indictment against George Steinbrenner $ credit against this semester's tuitionpending final determination (6. pages), soulful looks during the crucial of who is eligible and how much money is available for each student. cross-examination of John Dean on just who was on SUNYAB Financial Aid Director Joseph Stillwell estimated last week the Mayflower (5 pages, sigh sigh), and soulfullooks that it will be another couple of months before final figures are during tense plea bargaining on behalf of Herbert known. Kalmbach (7 pages, pant pant), Cherry regretfully As for next year, maintenance of SUSTA at its current level, tells Dereck that she never kisses a boy during the partial by tuition survive review the aid, must which would mean only first novel. Miss Pirkis tells us that Cherry will meet Seante Finance Committee and the Assembly Ways and Means Dereck later, in Cherry Ames, Appellate Division Committee before it goes to the legislature for the final vote, Clerk, but so far it's four hands on the prosecution Lefkpwitz said. Hearings on the governor's budget have already begun, side's table. with hearings on SUNY's budget scheduled to begin this week. Each book has an appendix in which all the "SUSTA is but one of thousands of items in the proposed fashions only briefly noted during the mise en scene budget," Lefkowitz noted, adding that it is impossible to predict are described in detail, and there's a handy pull-out whether the legislature will approveit. section, holding Simplfcity patterns for all the S.tUlweU told Opinion that even if SUSTA is approved-at its outfits. In the appendix of Student Lawyer there is current level, proposed changes in eligibility requirements may cut also a stencil which can be used to convert a pair of spme students out. For example, the governor has proposed that sneakers into wing-tipped shoes so one can try on veterans' and social security benefits formerly excluded from a the lifestyle without the initial investment. student's income in determining TAP eligibility should now be considered a change that would put many students over the $2,000 annual income maximum. * � * Availability of any SUSTA at all for law students this yearhas We went down to the cafeteria one afternoon, been attributed to lobbying efforts in Albany last April, following having heard that the area is a meeting place for law passage of a state budget that included no SUSTA. At that time, a students who frequently enter into rather lively as group.of law students organized a letter writing campaign, personally well as scholarly debates on topical subjects in the contacted legislators and finally, with the financial support of the law. We were pleased to find such a group discussing Student Bar Association (SBA) sent 40 students to Albany to urge the the change in-the law enacted January 1, permitting lawmakers to restore the funds. The $237,000 was included in a a~ right turn on a red signal after a full stop. One Herb Packer enthusiast (a firsPyiear Itudent) was supplemental budget passed in July. Although medical and dental students had previously recerved very pleased to see that the law was allowing what SUSTA, the July budget did not restore the aid for them* and^UNY had made sense all along. "It's very important," he financial aid officials told Opinion in SeptembT-that.tfie funds were srrd^'not to overoriminalize." Another student was apparently earmarked for law students in response to contacts'made upset by what appeared to be a diminishing number by law students-and administrators during the lobbyingcampaign. of things which were illegal, and wondered how we Here at the western new yorker — . — ~ were going to test our collective boundaries, re-enforce our social solidarity, and affirm our social commitment, where we couldn't punish someone, make someone a deviant. A third student muttered "Durkheimian,"and that was the end of that. * * * We were walking through the halls of O'Brian the other day and had the time to sit-in on a few classes. A friend of ours has suggested that each professor has ten lucid minutes, and we tried to beat the odds by selecting rooms at random. We did manage to catch one professor apprising his Tax I class of the difficulties of procuring condoms during the early '40's (no doubt d'apres "Summer of '42." The good thing about films is that they can fill in any gaps in your life you might have missed while you were doingyour homework.) Another professor was suggesting to his Criminal Law class that they should makelove like they were doing research. (In the dark? With fudged results? With only one pre-conceived outcome possible? With no controls? Using free undergraduate labor? For dubious social benefit? With the latest scientific techniques? With a lot of expensive equipment no one knows how to operate? He didn't say.) We also heard some very tender offers being made in Regulation of Financial Institutions, but we wouldn't want to embarrass anyone with names. S.% Reich , — V George Rusk, Bonnie Hager & Roger Scott stand in front of the room 106 exit which was blocked by over 8 ft. of snow. The snow was the result of the (mi Iv February blizzard which immobilized Buffalo and caused the law school to be closed for an unprecedented 11 days. At press time, the decision had not yet been made as to whether spring break would be cancelled or the semester extended one week to make up for the lost class time. The administration appears to prefer the latter solution, with a possible exception t.r third year students, whose bar review studies might be interrupted by an extension. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-02-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/17/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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During growth the pressure At a time in the Law School's history is sometimes greater on that support staff. *vhen the dean says it is not at all clear that Our growth has settled down some, hut it the school's momentum will continue to has left us with a historically inadequate build, 10 of the 42 full-time faculty will staff base that is frustrating for faculty and not return to the classroom here next fall. students." Hassles over Xerox machines The seemingly high number of faculty and paper arc trivial inconveniences that members departing at one time can at least can mount up, he said. "On the plus side, there is a new in part be attributed to coincidence. Several faculty members were here on one academic administration in the University. or two-year appointments and several Vice President | Ronald| Bunn jon the others concurrently reached points in their Buffalo Main Street Campus! has acted to establish an atmosphere of trust and careers when they wanted a change. Of those not planning to teach at the support from above .." Headrick said~"he thinks if the law Law School next fall, four will be on leave or sabbatical. The others are seeking school can come up with a plan for the future the school will remain on track. permanent jobs elsewhere. Law Dean Thomas Headrick told "We are going to have temporary Opinion in an interview last week, "There setbacks of the kind this year, but I think are a lot of different factors affecting each .we'll come out in the long haul much of these decisions. It would be easy, but I stronger ... I don't expect this to be think overly simplistic to say there's one sorted out quickly or easily, but I see some single cause. I have some unease about real hope that some of the factors which some things: the structure of our school led to the current restlessness will and its operations. I was dimly aware of disappear in the next six to eight months. I them when J came and now I am more think I can say this without being necessarily pleased about the losses we will aware 0f... "Our future is not all that clear as an suffer." institution. We had extremely high A couple of faculty members Bwho are aspirations. We have made constant among those leaving suggested the* faculty years, particularly last 20 progress over the changes should not be viewed negatively. in the last 10 to 15 years within the State One noted that Buffalo has a reputation University. It is not clear that the among first-rate law schools elsewhere as a momentum we have been building will training ground for faculty. Anothernoted continue. We have lost ground in terms of that as long as Buffalo faculty are being salaries (in comparison with other state offered positions at strong law schools university 'aw schools and in comparison there is no cause for worry about the with private law firms). We have been i school's reputation. He noted that the boxed in by some University promotion i school is also attracting high quality and tenure policies. Our library has been i faculty. underfunded and caught in the throes of a i Rumors have been circulating around kind of confusing management the school in recent weeks about the organization arrangement. I think alt of number and names of faculty members these contribute to some unease." who were believed to be leaving. As many Headrick „ also pointed to an i as 18 faculty names have been rumored. inadequate clerical support staff as an i aggravating factor. "We've never had really The following teachers have told ample clerical and administrative support t Opinion they have made other plans or are staff. The student bdOy-grew, the faculty considering other options for the fall. by Janice Barber grew, - . » : : > LOUIS A. DEL COTTO, tax professor: has accepted an offer to teach at Pace in White Plains "at least for a year." Adolf Hamburger DANNYE R. HOLLEY, assistant professor of criminal law and conflicts: said he "probably will not be back at the Del Cotlo saidhe also had offers from New school in the fall." He will likely relocate York University and Villanova. He saidhe in Houston, Texas. Holley said it is not may also teach at NYU to experience the settled what he would be doing there. New York setting. Del Cotto will be on Family considerations and considerations leave from Buffalo. Asked if he would be returning to ÜB, Del Colto said, "My plans haven't gone that far one way or the other." He said one of the primary reasons why he is going to Pace is "my friend Bob Fleming (former UB associate law dean) is Dean and I think he can develop a good law school there, especially if he has people with experience in his early years." Other factors include ihc Buffalo climate and a desire to see other parts of the country and to gel another perspective after 17 years on the Buffalo faculty. Asked about salary, Del Collo said that he thought Buffalo had done the best by him that il could '■'within budget constraints." DANIEL ). GIFFORD, professor in administrative law and trade regs.: has taken a one year leave to be a visiting professor at the University of Minnesota Law School. "It's fun to change your environment for a short period of time," he said. "You meet new people, get a sense of what other people are thinking. It makes you a better teacher on your return." Asked if he plans to return, Gifford said: "I can't predict the future. I'm very happy here at Buffalo. I am inclined to think I will return." Gifford has been at Buffalo about ten years. MARJORIE GIRTH, associate professor in commercial law: will continue on sabbatical through the fall semester. ROBERT W. GORDON, associate professor in contracts, evidence and legal history: has taken a permanent position at the University of Wisconsin Law School. [See story, page 6.j Gordon said the main reason he is going to Wisconsin is that Willard Hurst, a well-known legal historian, is on the Wisconsin faculty and Gordon will be able to work closely with him. of what he intends to do over the next five to ten years led Holley to consider the move, he said. His wife wants to pursue a career as a certified public accountant and would have better opportunities there, he said. "I am leaving with some mixed feelings after spending so much time as a teacher and a student before that [at Buffalo), but in terms of the kinds of things I want to accomplish in terms of a law school setting, or in a professional setting, I think it will be easier to do that There is a much larger in another city. minority population in Houston in the middle class in case I want to go into private practice on my own." JOAN HOLLINGER, visiting assistant professor in the legal research and writing program, contracts and gratuitous transfers: was here on a one year appointment. Hollinger's husband has been given a position at Princeton's Institute for Advanced Studies for 1977-78 and she will be accompanying him there. She hopes to teach at a New Jersey area law school, she said. ADOLF HOMBURGER, professor of civil procedure and New YorkPractice: has accepted a three-year appointment at Pace as a distinguished visiting professor. Homburger reached the State University's mandatory retirement age of 70 two years ago. The law school has secured successive one-year extensions for Homburger since then. The extensions are allowed for a showing of unique service to the school and require approval by the dean, the president of SUNYAB, the State University Chancellor and the Stale University Board of Trustees. Dean Headrick started the machinery to get another extension for Homburger for next year, Homburger said, cont'd. on page eight — �March 3,1977 OPINION 2 Letters to the editors Editorial on the SBA Buffalo's bad weather is a handy excuse for leaving this city in search of more comfortable climates. But, even the weather is not enough to account for the alarming attrition rate of professors from this law school. Are we to take consolation in the fact that SUNYAB law school is well regarded as a training ground for faculty among the "top" law schools? This is a hollow comfort at best; it merely proves that SUNYAB law school has the ability to train and nurture first-rate legal professors but is unable to retain this expertise once it has sufficiently matured. How long must SUNYAB law school remain the "tiot house" for the top law schools, sheltering prospective high quality faculty from inclement conditions only to have them come to full development at so-called first-rate schools? It is obvious that there is no one solution to this problem and the fact that the administration recognizes the severity of this situation is encouraging. Action by the administration at this point may eliminate such massive faculty departures in the law school's future. But for next year's students at this law school, faced with an influx of freshly acquired faculty, it serves as no condolence to know that someday Buffalo, too, will experience spring. GSEU needs research To the Editors: Emergency Legal Research, Drafting and Counseling is now needed by the Graduate Student Employees Union (GSEU) prior to its March 14 strike referendum in the following areas: 1. The right to demonstrate on and off campus; 2. Strike options; 3. Contract terms -» (a) affirmative action, (b) wages, hours, work conditions, health and safety, grievance clauses; 4. TaylorLaw clarification; 5. Legal techniques used by the successful TA/GA unions in Michigan and Wisconsin. Volunteer law students will be working directly with a local attorney, Sue Silber at Collins,Collins and DiNardo. They will have a decisive amount of immediate input into actual contract terms and negotiations. Activists will be able to protect the legal rights of strikers and/or demonstrators by being legal observers and/or by organizing, leafletting or educating graduate student employees in their legal rights and obligations. You will work and party with graduate students from every department on campus. There are 1100 GA/TA's on campus; if certified they will probably be ruled a state-wide unit. Three years of union organizing, negotiating and contacting such possible support groups as the Teamsters has resulted in an urgent need for coherent legal contract and negotiation proposals before the March 14 strike referendum deadline. Call GSEU, 838-5483 or Chrisand Becky, 838-1183. Barbara Zipkas Stan Legan OPINION STAFF ELECTIONS are set for April 1. Anyone interested in a position on the Editorial Board should submit her or his name and the job desired by March 25 to Room 623. Vol. 17, No. 8 OPINION March 3,1977 Editors: Cornelia Farley Tanis Reid Louise Tarantino Business Manager: Steve Errante Photo Editor: Nancy Mulloy Granat, )ean Staff: Jan Barber, Rob Ciandella, Andrew Cosentino, Ted Firetog, Jeff Graziani, Joel Hockett, Susan Hogan, Kirn Hunter, Becky Mitchell, David Munro, Sharon Osgood, John Privitera, Dave Rittenhouse, Dean Silvers, John Simson, Patrick Stellato Art: Kastle Brill Photography: Frank Carroll Contributor: Sheryl Reich Copyright 1977, Opinion SBA. Any republication of materials herein is strictly prohibited except for without the express content of the Editors. Opinion is published every two weeks, student newspaper of the State University of New vacations during the academic year. It Is theAmherst Buffalo, N.Y. 11260. The views Campus, SUNYAB Buffalo School of Law, York at expressed In this paper are not necessarily those of the Editorial Board or Staff of Opinion. postage entered at Buffalo, N.Y. Editonalpolicy Opinion Is a non-profit organization, third class the Editorial Board. Opinion Is funded by SBA from of Opinion is determined collectively by student Law Fees.ComposK'on: University Press at Buffalo. To the Editors: - "We ought to congratulate ourselves it's the first significant thing that we've done all year!" With these words Barry Fertel, SBA President, enthusiastically greeted the decision of the SBA officers to recommend and send to a referendum for ratification by the student body a proposed new SBA constitution. Certainly there is reason to be glad at this development. The proposed constitution is in nearly all respects superior to the present governing document of the SBA, which is hopelessly ambiguous and contradictory. The constitution should be enthusiastically approved by the student body. It clearly defines the functions and duties of SBA officers and committees, and eliminates many ambiguities which are presently the source of bitter conflict which wastes much of the organization's time and energy. Further, it establishes a firm committee structure which can be a source of strength in focusing student efforts at dealing with administrators, faculty, and the vagaries of life as UB law students. I said that the constitution should be enthusiastically approved, knowing full well that most students think this and.the SBA-is a futile exercise. They have a right to be disappointed with the SBA. Barry Fertel's statement above can also be read literally as a description of the effectiveness of the SBA since September of this year. In opting for constitutional revision which we have been fighting for since October without being able to have the matter voted upon until now! the first year directors recognized the futility of accomplishing anything within the SBA as it was constituted this year and chose to lay the groundwork for next year instead. - - — Students are wrong, however, if they believe that their participation in the SBA is wastedeffort. We do need strong action from some effective centrally-organized student body in this school to protect our interests. In the upcoming SBA elections, the student body must elect competent, progressive officers to deal with problems such as the continuing threats to cut off student access to tie-lines which, if fulfilled, would cripple student lobbying efforts; the fight to maintain the State University Scholarships forlaw students in the upcoming budget; scheduling of classes (why was the entire Mcd School student body consulted as to alternatives for make-up classes and not the entire law school student body?); and adequate funding for the library, to name a few of the more immediate issues. But, almost in the same breath with which the constitution was adopted, the SBA voted last .night to hpld a referendum on the mandatory student fee concurrent with the elections for SBA officers on March 22 and 23, an action whose'potential for harm outweighs the potential good of the adoption of the constitution. Those interested in this referendum essentially seek the removal of the fee. Some simply feel that all money not spent on happy hours'and parties is waited (that is, organizations which attend conventions, have speakers.-etc, should not be funded for these activities), so that the entire fee should be abolished. I won't grace this argument with an answer. Others feel thatelimination of the feeis necessary to spark life and tight organization in activities and clubs which they feel are poorly run and administered. The insensitivity of those who hold the attitude that we will have "survival of the fittest" among, our student organizations is incredible. Certainly Moot Court ($650) or Law Review ($5000) might findalternative sources for the revenues they presently receive from the SBA (probably by charging entrance fees for competitions, thus effectively closing off an important educational experience to much of the Law School!). But what of BALSA ($1085), Women Law Students ($323), Environmental Law Club ($185), International Law Club ($395), National Lawyers Guild ($460), Law Spouses ($250), or NYPIRG ($1000), to name a few? Groups like these, with their relatively small memberships and special topic orientation can't possibly survive. What of the fees paid by the SBA so that law students can use UB athletic facilities? What of the thousands of dollars spent on social activities? What of Opinion, the only means of communication readily available to all membersof the law school community? I don't believe the students in this school really want the colorless, hornbookenvironment that would result from such actions. Besides, the fact that this year's SBA has been wholly unable, whether through the incompetence of some members or circumstances forced upon others, to cause reform in student activities throughout the school does not mean that it can not be done. These activities must hot themselves be punished by the SBA's failure. Proponents of the referendum argue that the voice of the students must be heard upon this matter, but this last argument is really the easiest of all to answer. The .voice of the students has been heard; about one year ago, a similar referendum approved the maintenance of the fee. State law requires a referendum on this matter every four years. The SBA is abdicating its responsibility to the student body by holding a referendum each year and allowing the issue to be constantly thrown into doubt, crippling the planning and growth of student organizations that depend upon the mandatory student fee forall or part of their funding. • Furthermore, a referendum this late in the year unfairly binds next year's officers without leaving them adequate time to consider alternative sources of funding should the mandatory fee be abolished. It forces them to postpone consideration of the SBA budget until after the month of March, so that if the feeis maintained thereis precious little time for the SBA or organizations requesting funds to do a good job of allocating scarce resources in any sort of equitable fashion. It would be a shame if the efforts of those few whohave labored thispast year upon projects such as the restoration of funding for law student scholarships in last April's budget or the revised constitution were wasted. The students of this school must elect competent, aggressive SBA officers for next year, giving them a firm mandate to tackle the problems thatstudents face. The students must demonstrate their commitment to a better quality of life in this law school by voting to maintain the mandatory fee and put to rest this troublesome issue thathas distracted us from the important business of improving life at this school. Andrew First-year J.Cosentino SBA Director �March 3,1977 OPINION' 3 Wide World of Torts: Law School....Downhill? by JohrfSimson The administration today confirmed rumors that the entire faculty of the UB Law School would be leaving at the close of this academic year. Dean Headrick has urged that all firstand second year students Femain calm; and that those not wishing to become ski instructors see Mr. Wallin immediately. Headrick further stated that the loss could easily be absorbed. In fact, this reporter has learned from the Administration's newly-created Replacement Office that the mass exodus was welcomed. "It will do wonders for the cut a lot of budget unnecessary fat, particularly since the school Will become a ski area sometime next fall." This report is further substantiated by reliable informers (see Aguilar) who have indicated that the' total faculty bail-out was by no means "accidental." Rather, it was the culmination of yearsand yearsof hard work, on the part of SUNYAB's Board of Trustees, who just recently offered the faculty the option of continuing at 1/10 of their present salaries, or play out their contracts. The move is apparently a calculated gamble by the Trustees to take advantage of Buffalo's new stature as "Snow Capital of the World." The plan, as it now stands, provides that O'Brian and Baldy Halls will be covered with over 800,000 tons of earth at the close of this semester. This will create a mountain with a vertical drop of nearly 2000 feet; making ... it the largest ski center in New York State. The area, tentatively named Mt. Amherst, will be the only ski area of its kind in the world. Some of its more unique features will be: an underground library large, windowless lecture halls for visiting instructors (it is rumored that a visiting professorship has been offered to Rosi Mittermaier!) The only truly professionally trained ski patrol in the world (all patrolpersons will be former law - - students) - an underground cafeteria in Baldy Hall that serves everything from torts to motions to vacate. Dean Headrick has also advised Opinion that all first and second -year law students will be offered the choice of transformation from dull, boring and barely literate law students, to exciting, vibrant, physically exuberant and barely literate ski instructors. Summer school will be convened at Mt. Ranier, Washington; where law students will be taught to traverse moguls, instead of complaints. As an avid skier, I welcome the addition of a truly skiable mountain right here in Western New York. However, I still have some doubts as to the advisability of this course of action. Mind you, I am not bitter about not graduating from law school; my stake in that loss is not substantial. I am just wondering whether it will work. Planning does not seem to be one of the fortes of our beloved Trustees. In an area cold of clime and strong of wind, it is to say the least not nice to build parking lots Ski instructors stand halfway up Mt. Amherst, Buffalo's newest ski center. The summit, not yet covered is expected to be open for skiing early next fall. It will be the first ski area to offer instruction in GLM Downhill, and Avalanche Law. 2-3 miles from the nearest building. I realize that the esthetic value of parking areas is not recognized in our culture; yet, somehow, each morning as I cross that Tundra, that verdant glen on t .. . .. the way to the windowless monolith, I just wish it were paved and painted. There is, however, one positive element to this ski area. It is perfectly clear that if the SUNYAB Trustees turn this school into a ski area Buffalo will soon be blessed with the climate of Acapulco. .. hornbooks. Now, an incredibly simple series of questions can tell you whether or not you are paranoid. Here are just a few: 1. Do you ever feel Review Articles with razor blades because you needed them for a research and writing assignment? that 4. When you're walking to your car in the parking lot, did you ever feel that the cars were Shepardizing cases is a plot invented by an opthaimologist to destroy younglaw students' eyesight? Have you ever felt that just when youhad learned what all those funny little letters meant, they changed themall? 2. Have you ever been unfairly The Paranoid Lliw Siudeni Arc singled out by a professor, for You One? turning the pages of your newspaper too loudly in the Well, if you think you might be of YOU ARE! The diagnosis back of class? the truly sick law student is no longer the complex problem it 3. Have you ever felt that once was. Doctors no longer must someone was purposely stealing books, or excising hook up electrodes to the student's briefcase as he/she reads critical pages from the Law followingyou? 5. Have you ever felt thatall of your professors were going to leave the law school you were attending? If you answered yes to any of these questions, call a lawyer immediately. If you answered yes to all of these questions, call a doctor immediately. If you answered yes to none of these questions, see Dean Headrick immediately,and maybe you can teach all four sections of civil procedure next year. On-point Daniel Schorr: a journalistic hero? by Dean Silvers On February 19, 1977 at Buffalo State College I heard a speaker who might gain the distinction of making my exclusive ten most admired personalities list (affectionately regarded as the search for the Holy Grail). Daniel Schorr is not what one would imagine a hero would look like. He is a balding, bespectacled man in his sixties, whose voice reminds me of Fred Gwenn in that old movie, Miracle of Thirty-FourthStreet. Schorr cannot leap tall buildings in a single bound, nor is he faster than a speeding bullet. What he is, is a casualty in the battle between individual liberties and the media-society (take your choice) omnipotence. Eighteen months ago I heard Mr. Schorr speak in Boston. He was at the top of his field, a respected "investigative" reporter for CBS He was neatly attired, had a well-prepared speech, presented it and carried on in xthe grand News.^ /eloquently, tradition of constructiw^criticism in the system of free press in the United States. However, on this occasion eighteen months later, much had occurred in the life of Mr. Schorr. Like Joseph K. in The Trial, without rhyme, reason, or care, certain events "manufactured" by society took their toll on a beleagured Daniel Schorr. For in his travels these past eighteen months, Schorr attempted to give facts credibility in the news to the American people, and for a while there, it appeared as if they did not want it. On Feb. 28, 1976 Schorr released Congressman Pike's investigative committee's report on the CIA to the Village Voice in New York City. Although most of the report had already been released through CBS News or the New York Times, the U.S. government, in all its compassion and splendor, decided to "hang" this on Schorr. To make an unpleasant story short, what it finally came down to was that Dan Schorr had the choice of either (1) disclosing who his sources were who got him the CIA Report, or (2) face a stiff prison sentence. And Schorr, with a family and a second job, took the latter route. But before his situation reached the critical stage, Congress backed off, a reprieve for the time being. What was amazing about this entire episode was the complete breakdown of the powers and processes of the mighty institution of broadcast journalism. CBS News from the days of Edward R. Morrow Fred Friendly, his long been - up, with an awareness of what it Yet he is on his way up again. Sociologically, his nine-year old was like down. Thomas Jefferson's ideal of son kind of said it all. He was at having a revolution every few school defending his father, and years has been long forgotten by explained, "He [Schorr] had our society. Logically, a society some secrets, the government would obviously desire to keep wanted them, he did not give itself in power. Pursuing them to the government, they democratic ideals in society is almost put him in jail, but he did acceptable, as long as they do not not give away the secrets. He did threaten this society. But once this because he wanted to save it Yet Dan Schorr came out they do, forget it. Ask Schorr. for the consumers." okay. When I saw him at Buffalo State this night, he had no prepared speech, no "urban charm" or graciousness, no fancy suit, and in general a bit wearied. He no longer desired to appeal to those acceptable standards of change in the societal process, for he was there, and it did not work. Assemblyman William F. Passannante, Chairman of Schorr was reflective that the Assembly Intern Committee, has announced that the night, and aimed at the youthful Assembly will again be offering ten summer intern idealism we once had, and was eager to cathartically clean positions for New York State residents who will be ourselves and our society. He was matriculated either as college seniors or graduate not optimistic, nor was he cynical. students in September 1977. He spoke from a meditative Interns will work in Albany on a specific research awareness, and although this project in conjunction with members of the Assembly's David may have had his sling professional staffs. Interns will receive a stipend of broken by Goliath, by no stretch of the imagination would he ever $1,500 for ten weeks of full-time work. think of not repairinghis weapon. For more information, please contact the campus There is an adage that the best coordinator for the intern program, Leslie Haggstrom, point in a psychiatrist-patient Room 643, or the Assembly Intern Program, The relationship is right after the Capitol, Room SI 9, Albany, New York 12248. patient has attempted to commit suicide. For the patient has hit Applications must be completed by April 8,1977. rock bottom, knows what.it is like, and has nowhere to go but heralded as the bastion and pride of broadcast journalism in our country. Yet Dan Schorr, their own reporter, was practically disowned by CBS; not only did they ignore him, but they fired him, and then washed their hands of the entire issue! Quite a retreat for the bastion and pride of broadcast journalism. Summer interns sought �March 3,1977 OPINION 4 The Hustler hassle: objective and/or subjective obscenity John Lipsitz by (Editor's Note: An Ohio jury last month convicted Larry Flynt, publisher of.Hustler magazine, of obscenity and organized crime. His brother, jimmy Flynt, a magazine official, and severalothers indicted on the same charge, were not convicted. The Flynts are represented by the Buffalo firm of Lipsitz, Green, Fahringer, 8011, Schu/lerand James. Paul J. Cambria, a partner in the firm,handled the defense of Jimmy Flynt at the Cincinnati trial. The following interview was conducted at the firm's office last week.) Q. Would you pose for Hustler magazine? A. No, absolutely not. I have no desire, it has nothing to do with my defense of Hustler magazine and that'sall that I'm interested in, the legal aspects of it. Q. As you see it, what are the policy implications of the decision? A. Well, the main impact of the decision will be [that] this is the first time when a national publisher himself has been indicted and convictedand sentenced to a very severe punishment. Usually it is the local retailer, the book store seller ;nd so on. The problem is that it's impossible for a national publisher to edithis magazine in such a way that it will be acceptable in every community in other words, edited to the least tolerant factor in the community and at the same timeaccommodate the interests of the other section of the community. What will happen is there are two choices to be made; one, he will in fact attempt to edit it to the least tolerant community or (2) he will censor himself and remove all of those things which may be controversial I suppose that's the same thing as editing it to the least tolerant community or he won't publish — - - — it. Q. If they reverse this on appeal, how will the Supreme Court eventually be able to reconcile it with earlier obscenity cases, or will they indeed have to overrule cases like Millerl A. Well, the problem is that in deciding the Miller case, implicit in the opinion was a belief that each individual community would make their own decision and that that decision would be binding and effective only on that individual community. What's happened in this case is what Justice Douglas feared in his dissent in the Miller case and that is [that] one individual community will in effect be dictating the tastes for the rest of the nation because of this Shockwave effect and because of the severe penalties involved. Q. And that'san essential part of the prosecutor's case? A. Yes, they have to demonstrate that it went from the printer to the publisher and all the way down. Q. What do you think the chances are of getting a jury conviction in Buffalo on the same . case? A. Well, there's no way for me to be clairvoyant. I can just tell you on the basis of what appears to be the community standard in Buffalo. These materialssuch as Hustler and Playboy and Penthouse and so on fall farbelow the community threshhold here for tolerance. The basis for this is that in order to determine what the community standards are, no one stands on the street corner and says "community standard today is Playboy's out, Penthouseis in" You have to look at the surrounding circumstances. Some of the circumstances you look at and the ones the courts authorize you to look at are things such as what's playing in the movie theaters, what's available in the bookstores, what's available in the County Library, what do we tolerate regarding plays, stories, and so on. We see probably 2 million of these type magazines sold in our area per year,which indicates to me, because of commercial acceptance, that there has been an actual acceptance by the people of these types of materials. I think that if you tell yourself that they're not acceptable in the face of such gigantic sales and obvious demands... I think you're justkidding yourself. Q. In the case involving Carnal Knowledge {Jenkins v. Georgia) where Rehnquist wrote for the majority, wasn't he able to sidestep, as I remember, this community standards issue by saying that it wasn't patently offensive ...? Q. Wasn't an offering of this type of evidence rejected by the trial judge? A, Well, he was saying that the pure nudity that was contained in Carnal Knowledge was A. Yes. And that's^of course one of the errors that we're raising on appeal obscene, any community nudity offensive as a of law. Mere alone was The usual situation when courts disallow so-called evidenceof community standards not to matter not is where you're representing someone who owns a bookstore and has sold a magazine in his opinion. It's a matter of law. which can be found in perhaps two bookstores in the entire city and they have to be in Q. So, that does expose this whole thing as being kind of a subjective or an entirely the so-called core area, the adult bookstore area. In that situation if somebody comes in say? objective nudity wouldn't Can draw line as a subjective process, you you an between and says "Lookwhat I found," or "Lookwhat was available in a few other bookstores," that really isn't representative of what the community tolerates. All that it is matter of law or masturbation as a matter of fact? A. I think that the problem is that in attemptingto draw the legal line youhave to make representative of is what is available. a subjective judgment. On the other hand, our case isn't a situation where isolated similar materjals Are found or are available. This is a situation where every single neighborhood you gointo'in area? County And what be the effect of continued distribution the Cincinnati this all of the most respected and legitimate stores, whether they be grocery will in Q. A. Well, cases involving the First Amendment, particularly publications, are unique. stores or drugstores or bookstores have books like Playboy and Penthouseand Oui and Only 11 issues of Hustler were found to be obscene; and ... that decision does not Club and a raft of others They're not isolated, they're out in public display. They're operate as a declaration of obscenity as to issues not covered by the indictment, of not under the counter, they're obviously accepted and tolerated. prospective issues. ... If it did, thatwould constitute a prior restraint which is certainly unconstitutional. The reason being that therehas been no adjudication of obscenity as to Q. I'm constantly harrassed by a friend fromNew York City who keeps maintaining that all you can get here is soft porn and thatBuffalo is really poverty stricken when it comes any issues except the 11 involved in the indictment. to real hard core pornography. I think he tends to class Oui, Penthouse, Playboy and exposed be it Hustler all in one sort of category, a notch above whathe considers to be the good stuff to if Q. In practical terms though, whatkinds of liabilities will the magazine thathe can get in New YorkCity continues to publish? Or would thatbe justspeculative? A. Well, it's speculative but the other part of it is that a feeling may be that that type of A. Probably a*notch below magazine has been declared to go beyond the community standards. I'm saying this in the sort of legal sense because I don't think that the jury was in any way convinced of that. Q. Have you noticed any differencebetween what might prevail as a community standard I'm afraid thatmy opinion is [that] the jury really disregarded thelawand decided in New York City and what might in fact prevail here? the thing on a gut reaction, a personal basis as opposed to being representative of the A. I think that there's no question that books such as Playboy and Hustler and so on community. But the problem is that someone down the line could feel, "well, it's just the really can't even be considered in the running for obscenity These aren't the things same as the other [publication] that was already found obscene." Therefore, if it's a that historically have been prosecuted in thelast few years. Thosebooks consisted of one police depiction handle or it's a or after another of ultimate least so-called uncommon or it," officer, bizarre, if at prosecutor sex acts, retailer, he might say, "I don't want to abnormal sex acts. he might say, "It's the same thing, let's arrest him." In New York City there's apparently everything imaginable available from homosexual experiences, live sex shows, massage parlors, prostitution houses, and so on Q. So if the next issue of Hustleris distributed in the Cincinnati area Really, if there's anything such as pornography or which are very open, peep shows A. It has been already. obscenity, that comes as close to it as possible ... We don't really have a lot of that, it's criminal contemplates starting separate know whether the a but it's abundant. prosecutor here, you Do not Q. ... . . proceeding? . - A. No, I don't know that and of course youhave to realize he also has another remedy which is a civil proceeding. Maybe I. shouldn't even suggest it, ... No, therehas been no criminal proceeding that I know of that he contemplates. I think that if he did there would be a great cry from the populous that he's squandering their money. And my understanding is that many editorials and many let^e'rs to the editor espousing that kind '-'We can't clear our streets of [position] have already occurred,and people are saying of snow and we have murderers upstairs and you people are fooling around with a book." So I think that that wouldbe one of the reasons why. The other is that, you know, it wasn't an easy win for the prosecution, and certainly the validity of it is questionable. It took five weeks and the jury was out four and one half days. I think that they [the prosecution) realize the shortcomings of the laws that we are operating under and that they'regoing to wait for a constitutional test in the Appellate Courts. . — Q. Can you discuss any of the technical aspects of the trial itself? For example, how were the issues of Hustler introduced into evidence? A. Well, the usual way. They just put a distributor on the stand and ask him, "Did you "Did you sell them all in Hamilton County?"... receive these? Did you sell them?" And that'show they're introduced. . .. . — . Q. From a civil libertarian point of view, how can you tie in this organized crime charge? How does that fit in with what might be termed systematic repression of individual rights? A. The only way that \\ fits in is that the charge itself of organized crime is so broad and all-encompassing that it could really be tied into any offense that you can imagine. The statute is broad enough to cover five boys stealing apples from an orchard. They could each be sentenced to 25 years because it covers five or more people who engage in any offense for the purpose of gam; and that'sh6w it's tiedinto this obscenity fase. There's no specific provision in the statute which says obscenity; all it saysis for the purpose of gain, and that's how they used it here. The actual obscenity charge itself only carries six months; the organized crime aspect of it carries 25 years. And so the shock of the tremendous sentence Is the enormous penalty involved. It's the thing that will really act as a catalyst for the censorship problem. Q. Andhow do you propose to attack the organized crime statute ...? A. Well, we think it's vague and overly broad, certainly way beyond what the legislature apparently contemplated. There, is no gradation regarding punishment, vis-a-vis, severity of crime. �March 3,1977 OPINION SBA plans referendum/revision by Andrew J. Cosentino At its regular meeting on Monday, Feb. 22, the SBA reached final decision on a number of questions which will soon be brought before the studcnl body at large. The SBA adopted a revised constitution which will be presented for approval by ihe studcnl body at a referendum to be held on Tuesday and Wednesday, March 8 and 9. Students will vote on whether the mandatory student fee should be maintained or abolished in a referendum to be held concurrently with the elections for next year's SBA officers, scheduled lor Tuesday and Wednesday, March 22 and 23. *Ihe""most important aspect of the proposed constitution, which will require the approval of two-thirdsof the students voting al the referendum, is thatit clarifies the many ambiguities in the present document. The functions and duties of SBA officers and committees are clearly defined so that accountability is assured for the first time. Particularly important are the provisions establishing a firm committee structure within the SBA, clarifying the presently confused system for budget proceedings and for constitutional revision in . elecl a President, Vice-President, Secretary and Treasurer of the SBA, v £ar Association Delegate, who shall serve as the SBA representative and liaison to the American, New York Stale, and trie County Bar Associations will also lie elected by the entire student body, as will the three student members of ihe Facully-Sludcnl Relations Board. Of course, if the proposed conslitution is not ratified, tKere will be no Bar Association Delegate position and there will be two SBA Vice-Prcsidenls. Petitions for those wishing torun for office will be available in the SBA office on Tuesday morning, March I. Petitions will be due on Wednesday afternoon, March 9, the same time that candidates are expected to submit short statements regarding their c.mdidacy to Opinion. Further information on the election and deadlines will be posted on the door of the SBA office on Tuesday morning, March 1. The referendum held concurrently with the SBA elections will be to determine whether the $30 mandatory student fee should be continued or abolished. The money raised from the imposition of the fee is used to subsidize a broadrange of student activities. The imposition of the fee is permitted particular. subject to SUNY Board of Trustees Rules and Three major changes from the current Regulations =302.14, which requires its approval by constitution are provisions changing the voting I the student body in referenda which must lake place requirement for election to President, no 'less than once every four years. A referendum Vice-President, Secretary and Treasurerof the SBA held in November, 1975 approved the maintenance from a majority of the votes cast to a plurality of the fee, but those opposing the fee as well as (provided that the plurality includes at least those questioning the accuracy of the tally of the one-third of the votes cast), establishing a standingi last referendum have succeeded in scheduling this rules committee, and eliminating one of the offices; referendum to reconsider the question. of Vice-President within the SBA and substituting a The ballot will probably be in two parts. The Bar Association Delegate position to handle the only first part will be to determine whether the fee should specific duties assigned to the office being abolished. be continued or abolished, and will be binding upon Copies of the proposed constitution will be ! the SBA. The second part of the ballot, which will widely available to interested students. Starting; only be advisory, will be to poll students on the March 3, more than a dozen copies will be available question of the level of the fee.Choices will include at the library on closed reserve. In addition, copies maintenance of the fee at its present level ($3O per will be posted throughout the school, and copies will year), raising the fee to deal with inflation and be available for students who want them in the SBA increased costs, or lowering the fee. office. Finally, copies will be available at the polling; In adopting the report of the Constitution places op. the days t(iat~thereferendum is held. Revision ddmmitlee, chaired by Andrew Cosentino, Election's for SBA officers will be held I and consisting of the chairman apd Jeff Licker and ; concurrently with the fee referendum. Six directors Kathy Drumm, the SBA decided to urge students to each will be elected to represent the second and I ratify the proposed conslitution. The SBA has thus third year classes, by first and second year students, far taken no position on the feereferendum, nor is it respectively. The entire student body will vote toi likely to do so. , , , : The president's corner by Barry Freriel judge the ability of an applicant to teach the law. It is this essential combination of teaching ability and At the time of this writing, rumors were legal scholarship that comprise an outstanding law rampant about the great exodus of faculty members faculty. Thus, the equal participation of students in from the Law School. While several members of the this cooperative and mutually beneficial effort to faculty are leaving, their departure is not a death restore the faculty to prominence is highly knell for the Law School. Rather, we are being important. presented with a unique opportunity to provide as There are problems which may arise if students much input as possible concerning the future shape are allowed to participate in the deliberationsof the and direction of the law school, both in terms of its Promotion and Tenure Committee, but it is my faculty and its curriculum. opinion that these risks are well worth it In the first Last semester, a proposal was presented which incidence, a large number of faculty members, advocated equal student representation and voting namely, non-tenured teachers, may not become power on. the several faculty committees. The members of this committee. Therefore, it is argued affected committees establish the basic policies of that student participation would give those persons the law school, especially in the areas of academic with little or no professional experience the power and budgetary planning. Unfortunately, the faculty to judge the ability of thosewho themselves may not at its Feb. 21 meeting voted to table the proposal. be evaluated by fellow non-tenured faculty However, it is expected thatbefore the end of this members. This problem could be surmounted if students semester the faculty will approve the resolution. As presented, the recommendation will be participated in an advisory nonvoting capacity on an inapplicable to two extremely important experimental basis. As advisors, students could committees: the Appointments Committee, whose provide valuable input from "their side of the function it is to recommend future faculty fence." Even though former students of faculty appointments to the faculty; and the Promotion and members up for tenure are asked to respond to Tenure Committee, which, evaluates the performance surveys relating to a particular instructor, there is a of non-tenured faculty and submits blatant bias in such a procedure insofar as only those recommendations as to the granting or denial of with strong subjective views, both negative and tenure. Both of these committees concern positive, will be likely to respond. themselves with the shaping of the faculty, and The result will be a biased sampling of student therefore, the future development of the Law opinion which could be detrimental to the affected School. At this time, the Promotion and Tenure instructor. These student representatives .would be Committee does not have any student able toglean from these surveys and discussionswith representatives, but, hopefully, this situation will fellow students the general student view of the change in the near future. teacher. Meritorious arguments have been urged for the Student participation in the determination of maintenance of this status quo. Students, it is said, the composition of the faculty will only add to the do not possess the requisite experience for effective general purposes of the school both as an institution analysis of the scholarship of faculty applicants. of legal scholarship and as a training ground Although this may indeed be true, it is undoubtedly dedicated to the preparation of competent also true that students can far more competently attorneys. 5 Faculty extends offers to six The Law School faculty has volcd lo extend teaching offers to six persons, three of them on a visiting basis, for the fall. So far, one offer has been verbally accepted and one has been declined. George L. Priest, 28, a lecturer and fellow in law and economics at the University of Chicago Law School and an associate professor of law at the University of Puget Sound, has verbally accepted a leaching post for the fall. Priest, who holds a J.D. degree from Chicago, would leach in the areas of commercial law, torts, anti-trust, and lawand economics. Teaching offers arc also being extended to: Alfred S. Koncfsky, 31, a graduate of Boston College Law School. Koncfsky has been, a Charles Warren Fellow in A m cr i can Legal History, at Harvard Law School since 1970. He also is editor of The Legal Papers of Daniel Webster at the Dartmouth College Department of History and book review editor of the American Journal of Legal History. He was an instructor in American Legal History at Boston College Law School in the Spring and Fall of 1976. Konefsky Ts a past associate editor of The Papers of Chief Justice Lemuel Shaw for the Massachusetts Historical Society. If he comes to Buffalo, he will teach in the areas of legal history,' contracts and possibly wills. Dcnisc S. Carty-Bennia, 29, an associate professor of law at Wayne State University Law School i n Detroit. Ms. Carty-Bcnnia, a member of the National Conference of Black Lawyers, holds a J.D. degree from Columbia University School of Law. She was an associate with the New York law firm of Kaye, Scholcr, Ficrman, Hays and Handler after graduation from Columbia and before joining ihc Wayne State faculty. If she comes to Buffalo, she will teach in the areas of civil procedure, remedies and equity. The faculty has voted to offer visiting appointments to: Marshall Jordon Breger, an assistant pr of essor at the University of Texas Law School In Austin. Breger, a member of the Board of Directors of the Legal Services Corp. in Washington, D.C., is a graduate of the University of Pennsylvania Law, School. He also holds degrees from Oriel College of Oxford University and a B.A. and M.A. from Perm. He clerked for U.S. District Court Judge Marvin Frankel in New York. Ifhe comes to Buffalo, Breger will teach in the areas of civil procedure, law and medicine and the delivery of legal services. Anthony Waters, 31, an assistant professor at the University of Maryland School of Law. Waters, a native of London, England, has had visiting appointments to the University of Santa Clara School of Law and Yale College. He was also a teaching fellow and instructor at the University of Chicago Law School. He holds an L.L.M. from Yale. Waters would teach in the areas of contracts and criminal law. An offer also was extended to Richard Frase of the University of Minnesota. He declined. Law School Dean Thomas Headrick, said the faculty is also considering extending a visiting appointment to someone in the corporations field and making permanent appointments to two otherpersons, one in international conflicts and corporations, and the other in lawyer-client clinic. Some candidates are also under consideration for part-time positions, Headricksaid. Schwartz claims wiretaps ineffective law enforcers by Rob Ciandella Who killed Frank Chin? Prof. Herman Schwartz did not answer this question during the course of his lecture on individual rights and government intervention Wednesday, Feb. 23 at the Law School. He did, however, provide a seasonal analysis of the state of electronic surveillance in America. Since the passage of legislation in 1968 which legalized the use of taps, legislation which was passed in the wake of Robert Kennedy's assassination (Kennedy was an early contributor tp the measure), the use of taps has been justified on three principal grounds. Supporters of lapping acknowledge its ugly character, but maintain that its use is justified because it is indispensible in the fight against crime, that it is used only on the most seriousoccasionsand, in a simple twist of logic, they claim that the legalization of tapping acts as a deterrent to illegal tappers. Schwartz said lh.it the wiretapping he was to consider was that which took place when neither party was aware of the tap. In functional terms, lapping is cither a device placed on a telephone or it can be the more insidious room tap or bug. Finally, Schwartzasserted that taps are used either in the context of criminal enforcement or in the interests of "national security." The use of taps for criminal enforcement has not, Schwartz claims, been at .ill related to the commission of seriousoffenses. Since the 1968 legislation there have been no federal wiretaps approved for use in a murder case, none for use in an espionage case and only one that was approved for use in a kidnapping case. The "major" crime at which tapping is directed is bookmaking. The very nature of more serious crimes defies the use of laps and the economics of applying a tap lo snag a bookmaker is enough to make a Carter curse. cont'd. on page six — �OPINION 6 March 3,1977 National lobby pushes women's problems by Louise Tarantino "Sperm is thicker than water." That, according to Women's Lobby President Carol Burris, is the doctrine that men will hire any other man ralher than a woman. Focusing on discrimination problems of women in a recent presentation sponsored by the Distinguished Visitors Forum, Burris discussed resistance in Congress to issues relating to women and minorities because of inadequate representation of thosegroups in the law-making body itself. She said that since the "men in power are protected from any voice of the citizenry," they are not aware of theneeds of women and minoritiesamong their constituentsand are therefore not compelled to ' respond. Burris cited the lack of support facilities such as child carecenters and mother/child health care clinics as indicative of "Congress' unwillingness to appropriate funds for something they think women should do for themselves." Noting that woman-headed households are among the poorest families in America, Burris emphasized ih.it welfare problems are ultimately women's problems. She said that since welfare provides some level of care for women and their dependent children, it operates as a- work disincentive for women otherwise locked into the "sales, clerical,service job ghetto." Turning her attention to abortion, Burris said that Congress' approach to this issue failsbecauseabortion is not a shared experience with the lawmakers and American women. "Since members of Congress will never have abortions," she said, "they shouldn't make the decisionsabout abortion." Burris explained that proposed legislation dealing with abortion would curtail Medicaid payments for abortions and would exclude such payments from National Health Insurancebenefits. According to Burris, a Washington associate informed her that President Carter disapproved of liberal abortion laws because then there "would be no punishment for women who fornicate if abortion were easily available." She added that it was her impression that Carter searched for a Secretary of Health, Education and Welfare who shared his views on abortion and chose Joseph Califano because of, among other things, Califano's position on the issue. In closing, Burris emphasized the power of women, and voters in general, to influence Congressional action by applying pressure to local Congresspeople to support or introduce legislation remedying the plight of women. Wiretaps - cont'd from page five The average federal wiretap, according lo figures Schwartz got from the recent Church Committee report and a national Commission Wiretaps, costs from $7,000 to $20,000 to install. A state tap is on cheaper because state salaries are lower. Beyond the installation figure for a lap, its maintenance requires six people a day to monitor the device (three two-person teams with eight-hour shifts), a typist to transcribe, and agents on call if anything should break suddenly in the case. This adds an additional $15,000 to • theinstallation figure. The courts virtually rubber stamp prosecution requests for taps and grant extensions even more readily. Prosecutors enjoy using taps since juries have demonstrated a particular fascination with wiretap evidence. Schwartz concluded that taps are ineffective tools in enforcing the law. He noted that enforcement agencies like the Drug Enforcement Agency prefer not to use taps and instead employ undercover "bust and turn" strategies against drug offenders. The most essentialcontribution of taps to crime prevention is their role in the collection of intelligence on organized crime members. This too, Schwartz concluded, has been a failure as organized crime continues to flourish in America. According to Schwartz, it is the pursuit of intelligence that is the most important factor in the use of taps for "national security" purposes. The abuse of personal liberties in this area has been flagrant. The Church Committee concluded that from 1963 to 1968, when there was no legal basis for tapping, 8 room bugs and 16 hotel taps were used to bug Dr. Martin Luther King. The FBI attempted to peddle the tapes to national publications and at one point, justbefore Dr. King was to accept the Nobel Peace Prize, they used the tapes in an attempt to persuade him to commit suicide, Schwartz said. Responsibility for this lapping rests with Attorneys General of the Kennedy and Johnson Administrations. Robert Kennedy's aides claim that he never knew of the room bugs installed in pursuit of King, and Ramsey Clark maintains that he did not authorize any taps except for those traditionally installed in Embassys. All this culminated in the Nixon tapping of Morton Halperin and William Safire (tapped for national security while he worked on a welfare reform speech). Halperin has, of course, recently won a lower court suit against the Nixon White House for damages resulting from the 21-month tap he had on his telephone. Schwartz said that the Halperin case, no matter what its outcome on appeal, will not be very helpful in the way of precedent in this area. He noted that the Nixon people violated even their own internal procedures for the placing of taps and said this is what forced the court's hand. Law Review opens competition ■ Selection of associate editors for the Buffalo Law Review is made annually through a competition that requires each competitor to prepare a brief note on a recent case. Associates are then selected on the basis of this writingsample and first year grades. All first-year law students, including four-year students, who are not on academic probation at the end of their first year are eligible. A sign-up list will be available in the Review office, room 605, starting Monday, Feb. 28 and will be available throughout that week. Competitors may pick up cases and detailed competition instructions and rules at the Review office on or after Monday March 14. Competitors will have ten days to complete and return their casenotes from the time cases are picked up. All casenotes must be received by the Review by the end of the final examination period in May. Gordon accepts new position at University of Wisconsin V liy D.ivid Munro Associate professor Robert W. Gordon has accepted a faculty position at the University of Wisconsin Law School for Fall, 1977. Gordon, who was a newspaper and magazine reporter before deciding to study law at Harvard, has taught at U.B. since the fall of 1971. In a recent interview, Gordon said that he expects to continue teaching contract law, evidence, and legal history at Wisconsin. One of the main reasons he was attracted to Wisconsin was thathe will be able to work closely with Wiliard Hurst, America's "greatest living legal historian," he said. The Wisconsin faculty as a whole is noted for its interest in examining law in its social context, Gordon noted, adding, "In that sense1, the Wisconsin faculty is very similar to ours here at U.8." Gordon stressed that he was not leaving Buffalo because of any disenchantment with the school, stating that he thinks the faculty here is exceptional. In particular, he said that his experience in cooperative teaching of first-year students with Professors Katz, Lindgren, and Schlegel has been very rewarding, and probably won't happen again at Wisconsin. "The energy that we put into it, and the unique personal friendships that made it possible will be impossible to duplicate," he said. Gordon also praised the student body at the law school, saying most are as good as can be found anywhere in the country. "I'm not sure whether Wisconsin can offer as friendly or accessible a student body, either," he stated. Gordon feels that the future of the law school is very bright. "Dean Thomas Headrick is an excellent administrator," he said, "and he's very sensitive to what will be required to keep U.B. competitive with other top national law schools." "Support from the central administration is crucial." When asked about why so many faculty members seem to be leaving at once, Gordon said it was hard to generalize. "I think it's mostly coincidence," he said, noting tlyit most of the professors who don't plan to be here next year are on leave, rather than resignfng. "This has aI ways been somewhat of a 'foreign-club' school," he noted. "The faculty is closely watched by the most prestigious law'schools." Gordon saw this as being both advantageousand disadvantageous to the law school. "On the one hand, it motivates the faculty in many ways, and outstanding research and writing efforts result. But on the other hand, it leads to instability in the law school community for both faculty and In particular, Gordon stressed students," he said. the importance of ensuring a As a final note, Gordon, who is strong commitment from the U.B. a member of the faculty central administration to achieve appointments committee this the best possible academic quality year, pointed out that U.B.s here. "In the past, there has been reputation among lawyers looking some uncertainty about things joi" teaching positions is very high. like the availability of faculty "The competition is very stiff," lines, and about faculty tenure he said, "and it will continue to processes and standards," he said. be." AWLS elects leaders Classifieds Five women have been elected to act as steering committee for the Association of Women Law Students (AWLS). Claudia Allen, Candy Appleton, Sharon Osgood, Nancy Peck, and Sheryl Reich will serve six month terms. Now serving one year terms as treasurer and secretary are Eunice Johnson and Shirley Gorman. Under new leadership and with renewed enthusiasm, the organization plans an active semester. Projects include participation in TALMUDIC LAW classes are given at North Campus Chabad House every the Eighth National Conference, "Women and the Law," in Madison, Sunday afternoon at 12:30 on North Wisconsin, monitoring family court, and volunteering to act as Forest Road (behind Ellicott). A majority of the class is taw students. advocates in welfare and social security hearings. experience in Talmudic Law is Letters from the AWLS will accompany law school acceptance Previous unnecessary. Call Rabbi Greenburg at letters to all women this year in order to assure them that women do 833-8334 or come over. exist and take an activerole in this university. ROOMMATES wanted for modern Any person interested in participating in AWLS or in taking duplex apartment near Amharst advantage of these and other projects will be wholeheartedly Campus. $80+ per month includes dishwasher, disposal. Available welcomed. You can fin.d someone from the organization inroom 509, immediately..Call evenings, 691-6144. or leave a message on thatdoor. �March 3,1977 OPINION Placement programs focus Special Law Student Program in Estates The Young Lawyers of the New York State Bar Association and the Committee on Continuing Education of the State Bar will present a special program on probate and administration of estates at the Station Hilton Hotel on March 8-9, 1977, from 7-10p.m. * The program is designed to give young lawyers some practical knowledge", of and probate. The program is especially created for recent graduates and estates for second and third year law students. Among the participants are Buffalo lawyers Gordon MacLeod, Charles Milch, David Palsgraff and Robert J. Plache. The normal cost for this event is S2O; however, law students can gain admission for the two night session by filling out ,t registration form in the Placement Office and by paying $10 for the two-night session. In addition, a similar program on real estate law will be presented in April. Students who wish to attend both programs may do so by paying $15. jay Carlisle can answer any questions concerning the programs. Career Days Set for March and April The Law School PlacementOffice and the Student Placement Committee will sponsor a series of Career Days for SUNYAB law students. During the spring of 1976, over 550 law students attended Career Days which involved participation by 55 lawyers from Buffalo, Rochester, New York City and elsewhere. The U.B. Alumni Association will jointly sponsor ; with the Placement Committee special Career Days on March 14 and 18, 1977. Thereafter,.mini-career days will be held in the areas of criminal law, state and local government law, corporate law, environmental law, tax and estate planning law, labor law, judicial , clerkship law, fam.ily, lay and legal services law. , . on estates, careers, clerkships On March 4 and 18, Career Days will involve discussion of particular areas of the law and reference to the practice of law in small firms, medium-size firms, large firms, business and industry, the judiciary, and government practice on the local and stale level. Prominent Buffalo law alumni will participate in panel discussions. The participants include trie County Bar Association President Vincent Doyle, Deputy District At torncy Joseph McCarthy. Buffalo lawyer Charles Milch, and representatives from the U.S. Attorney's Office. After the March 18 seminar, a sherry reception will be held in the Faculty Lounge. All SUNYAB law students are encouraged to attend the career seminars. The seminars particularly those scheduled on March 4 and 18 will give students- an opportunity to develop a practical interest in areas of the law which they may wish to pursue. In addition, career opportunities may be discussed and students will have an opportunity to meet with successful lawyers in Buffalo and elsewhere. Sign-up sheets for participation in the mini -career days which are being coordinated by third-year student Larry Scancarelli are available in the Placement Office. First and second-year students who have an interest in assisting in the arrangement of the program and mini-career days shoufd check the list and speak with Jay Carlisle. Students should also plan to attend the special placement reception today, March 3, in the (Irs! Hour lounge at 3:00 p.m. Turn Connelly will speak, about the Placement Newsletter, Larry Scancarelli will speak about Career Days, Barry Ferlel will speak "about the annual alumni reunions, Bob Waters will discuss finances, and Jay Carlisle will discuss current activities in the Placement Office. - 7 - Title VI and IX Inactivity plagues evaluation committee Since its creation in November, 1976, a faculty committee to deal wilh sex and racial discrimination issues within the law school has been seeking student members. According to committee member, Professor Jacob Hyman, the committee has twice contacted Student Bar Association president Barry Fertel, once last November and again in February, to advise him of the need for student participation. Hyman noted that Ferlcl had apparently posted a notice, but to date only one law student, first year student Lynn Edelman, has attended committee function. The Committee, entitled, the Self-Evaluation Committee, was charged in November with the task of evaluating the school's "current policies and practices, and the effects thereof, with respect to admission and treatment of students, and employment of both academic and non-academic personnel." The Committee's primary purpose is to insure that the law school does not discriminate on the basis of sex or race. This type of self-evaluation establishes whether or not the school is complying with requirements of Title IX of the Education Amendments of 1972 (20USCRI681 el seq.) and Tille VI of the Civil Rights Act of 1964 (42 USC R2000d). According to a memorandum to the faculty dated November 2, 1976, entitled "Charge for Title VI and IX Self-Evaluation Committee," "When the Committee identifies a practice or policy which is actually or potentially, sexually or racially discriminatory, it shall recommend to the dean or to the faculty that the practice or policy be modified and that appropriate remedial steps be taken to eliminate the effects of any discrimination which resulted or may have resulted from the policy or practice." Affirmative action programs are*also to be considered by the committee. Prior to the establishment of the Committee, Assistant Professor Richard Bell, as leader of a faculty "team," studied the law school's compliance with Title IX. His team completed its work and filedits report in May, 1976. In reaction to that report, Assistant Professor Grace Blumberg submitted suggestions to the faculty for areas which ought to be further explored. These suggestions included admissions policies, especially relating to discretionary admits, and transfer students; the absence of opportunities for part-time law study, and the process of appointment to the law faculty. In addition to Hyman, present faculty members of the Self-Evaluation Committee include Richard Bell, Grace Blumberg 2nd Dannye Holley. Hyman noted that there is usually an equal representation by students on such committees, so three more students are needed. The Committee wilt meet according to the amount of work it is given. At this point, Hyman observed, it is too soon to describe what the committee does sinceit is still forming. He mentioned tha.t there have been several issues discussed with him which the Committee expects to explore as soon as the proposals are presented in a detailed, writtenrequest. » The Placement Committee met recently and copies of the minutes describing placement activities for this spring are available for review in' the presently serving as clerks with state and federal judges, lawyers who have previously served as clerks with state and federal judges .md are now in privatepractice, and Placement Office. Professor Howard Mann third year students who have recently will serve as Faculty Advisor to the obtained clerkships. The purpose of the Committee and the Hon. William Regan seminar will he to give second year will sctve as Alumni Advisor. students (graduates of 1978) information on (I) filing of application and resume for clerkships, (2) time limitations for ludicial Clerkships for the Fall of 1978 submitting material, (3) proper Students of the Law School have been interviewing techniques, (4) information as remarkably successful in obtaining a large to the advantages and disadvantages of a number of judicial clerkships with state clerkship, and (5) other and federal judges. In order to continue the for one to know who seeksmaterial essential a clerkship. momentum, the Placement Office will A question and answer period will present a special ludicial Clerkship seminar lollow and a short reception afterwards on Friday, March 11, 1977, at 3:00 p.m. in will be held in the Faculty Lounge to Room 107. Participating in the seminar permit informal contact second Will be Law School professors, lawyers year students and membersbetweenpanel. of the City extends tax payment until legal action is settled by Ron I:skin Iho City of Buffalo has informally agreed lo give an extension for those who cannot allortl lo pay ihc controversial Occupancy Tax until legal action challenging the tax is completed, according to George Cownic of Neighborhood Legal Services of Buffalo, Inc. Cownic has joined the efforts of Larry Faulkner, and Olncy Clove of the Counseling loi ilk- Elderly project, and filed a complaint in Slate Supreme Court alleging eleven causes of aclion against Mayor Stanley Makowski in his capacity as Mayor of Buffalo. These causes of action allege that the tax violates equalprotection, and due process, as well as specific statutory and regulatory provisions in New York and federal law. The plaintiffs moved for a preliminary injunction before Justice Roger Cook. However, according to Cownic, the way the city's counsel, Stanley Moskal, presented ihe law before the court, it would be unnecessary to enjoin enforcement of the tax: "Moskal stated thai the cily would grant an extension for those people who could not pay I Ik* lax," Cownic told Opinion recently. "The ordinance did not give us this assurance, so we offered to withdraw the motion in exchange for a consent order. Moskal refused to give us this. However, his guarantee made before Justice Cook in open court should deter the city's future enforcement efforts against poor people for the duration of the lawsuit," Cownic said, adding that such extensions must be requested in writing from the city treasurer. At this writing, a motion is pending by the cily for dismissal of theaction based on the plaintiffs' alleged failure lo slate a claim, their supposed failure to give adequate notice and post bond as required by the General Municipal Law, and their failure to exhaustavailable and appropriate administrative remedies. A ruling is expected shortly. Buffalo's"Common Council enacted the tax Aug. 13, 1976. It is lo be collected from every household unit, be it an individual or a family, occupyingpremises in the Cily of Buffalo.'The amount of th'al lax ranges from $8 lo $12 a year, depending on the assessed value of the dwelling which that household unit occupies. Almost immediately, the Legal Counseling for the Elderly program as well as several community groups set their sights on the tax. They regard il as regressive, imposing excessive and onerous responsibility on people with fixed incomes. The occupancy tax was passed with a limited purpose. Il was not passed to flow into the city's general treasury, but merely to absorb the deficit from the Buffalo Municipal Housing Authority. This purpose was moreover limited by state law, since the only authority supporting its levy was contained in the Public Housing Law (section 110), permitting a tax on occupancy to provide funds for public housing. The deadline for payment of the tax was originally to have been Jan. 31, but the time for payment was, due to late billing, postponed a month. If thisdeadline is not met, ihcn a penally of 5% is tacked onto the assessment. The method of payment is somewhat complex unless ihc occupant owns the house he or she lives in. The owner of the house, the one who pays the tax, is billed an amount commensurate with the property's assessment. The landlord collects the occupancy tax from his or her tenants. Since Ihe tax is levied on familiesas units and unrelated individuals(like roommates) as unils, the landlord must dclerminc who is living together as a family and who is cohabiting as separate individuals. A two-person family pays one tax, but two people living together do not constitute a family, and pay two taxes. If the tenant does not pay the lax, then the law permits the owner "the same rights in respect lo collecting such tax ... (as) such renl which comes due and owing at the time such lax shall come due and owing." In olhcr words, il appears that the landlord can bring a summary proceedingagainst tenants who refuse lo pay the tax, in order to recover that amount, as he could for non-paymeni of rentIn addition, the city can proceed against "any person (who) shall fail to pay any tax or part thereof." There have been no known actions instituted at this time for the recovery of ihe occupancy tax, either by a landlord or by the city. It is likewise not clear at this time whether the city intends to proceed againsl landlordswho fail to pay the tax for their tenants, or directly againsl those tenants themselves. Resumes typeset Professionally done Free consultation Pickup &delivery at law school $15 for 100 copies Call Nick, 886-2759 npni IKJCTO Fl CO UIVII «*> �March 3,1977 OPINION 8 Here at the western new yorker... The sudden dearth of faculty for next year has led to a rush of recruiting, and of some very odd applicants. Barry Lillis, meteorologist and closet Slavic linguist, was at the Law School recently, and we sat in on the meeting'of the Appointments Committee where Lillis described the form his Evidence course would take. "Hearsay" would be quite transformed. Rather than being the exception, it would be the rule. "Look at the success we've had in predicting the weather, all based on pure rumor," Mr. Lillis offered, seemingly at home. Gordon was heard to mumble something about having heard it was done by mid-Mesopotamic divination. Lee Albert, Chairman of the Committee said, "Oh, surely not," and Jan Lindgren wondered if rumors could be sounded in tort and then asked him for his recipe for Snow Pudding. Mr. Lillis was not deterred and moved on to "impeachment of the witness." Prior inconsistent behavior is, to the meteorologist, merely the change in seasons and nothing to comment upon. Indeed, the whole doctrine of criminal record is irrelevant: in the weather, all that's passed is prologue. "Spontaneous exclamations" are the bane of weathermen, however, and they frequently just choose to ignore them. As Mr. Lillis saw it, "If it rains and you didn'l call it, why mention the obvious?" The "Best evidence" to the weatherman is looking out the window, seeing is believing, and there is nothing more useless than a phenomenon which who occurred while you were inside cares later? Qualifying witnesses is just a simple whether they know to come in out lest of the rain but Mr. Lillis admitted that personally had no use for expert he witnesses who just talk, talk, talk about the weather but never do anything about it.* - Faculty .. but Homburger never received a definite committment for next year. Meanwhile, he said that he had received offers from several other schools including Pace. "The opportunity offered me to work for a fledgling school appears challenging and since it was getting very late in the year, I accepted the offer," Homburger sard. "I am pleased to be able to contribute my services to Pace, although I regret very much severing my ties with this school which I have served longer than a quarter century." Homburger joined UB as a part-time professor in 1949 while in private practice downtown. He became a full-time faculty member in 1962. "1 was disappointed the mechanics for arranging for an extension were so complicated I finally threw up my hands. I fully recognize our dean did all in his power ..." he said. While library conditions were also a factor in his decision, his principal reason for leaving was "that I was not yet at the point I wish to retire and matters did not jell in time." Homburger said that if he had had a satisfactory offer from Buffalo at a reasonable time he would not have considered leaving. MARY KAY KANE, assistant professor in civil procedure, conflicts and remedies: has accepted an associate professorship at Hastings Law School in San Francisco, as previously repotted. JASON KARP, lecturer And supervising attorney in the Lawyer Client Clinic: is finishing his third year at Buffalo. He had a two year contract and. a one-year extension. Karp said he will not be back at the clinic. He has nol yet made definite plans for next year. MARTIN E. LYBECKER, visiting associate professor in corporations, securities regs. and business planning: has accepted a one year visiting professorship at Duke University Law School in North Carolina. Lybecker will be on leave from shareholder's derivative actions, where he There were no primary heroic acts for had heard that though shareholders are lawyers to do during the twelve day siege. easily snowed, when it rained for them, it Oh, one could go out and direct traffic, but really poured. one doesn't need seven years of NYHEAC *Sorry, Mark Twain, but I couldn't resist. loans for that. There is the organization of testimonial dinners for the' snowmobilers, *** * * The recent snow storm has made us but that's secondary heroic-borderline realize what a distinctly inactionable altruistic at best. Going down to City position a lawyer is in during such an Court and watching driving ban violators occurrence. There is virtuallynothing for an getting arraigned is interesting, but attorney to do during the actual emergency probably hasn't got much precedential situation. (One of our friendshas suggested value. setting up a quickie will service, but there's Of course, the storm has brought a real-problem of access, and who knows if Federal funds and the coincidental rise in any of the proposed heirs will be around Buffalo's municipal bond rating. Unfortunately, there just aren't going to be when the smoke, (or here, snow) clears?) During a 72-hour snow storm, an any old widows hanging out of their earthquake, or any other natural disaster, windows telling Sheila Murphy that 'Yes, the state literally whithers. When it's Man and if it hadn't been for setting v. StalledVolvo, Man v. Snow Drift, Man v. up the deal for Buffalo's new sewage Towering Inferno, or Man v. Two Minute treatment plant why I'd be dead for sure." Warning, no amount of administrative We have been buying moderattly application, newer equal protection or even heavily in .4-wheel drive vehicles and in extraordinary writs are going to do those consumable snow shovels that really anything. It's every person pro se, and res went during the afterglow of the storm, ipsa loquitor. There's no res judicata, so to but isn't that just the lawyerly thing to do? speak, no society between the individual and the reality, and lawyers are social. -S. Rekh . --- — The exclusionary rule has no place whatsoever in Mr. Lillis' scheme of things. Any and all information is used from the Farmer's Almanac to wart movements, from star ga/ing to watching trick limbs and mooing cows: Lillis clearly favors'the Griffiths-Kalz wholistic rather than an episodic approach to his subject. The members of the Committee thanked him for coming. Albert advised him that in the end it really wasn't important what the weather did as long as it was consistent. Gordon said that he personally had no use for the weather because you could never get it to sit down and negotiate, and with the high price of litigation, well Lindgren of course was really pleased to finally meet someone who was in touch with the weather. With all those tort actions settling causation on the weather she thought she'd finally find out where to serve those complaints. just before he left the interview, Mr. Lillis suggested that if there was no place for him in "evidence" then he'd be glad to get into the corporate field, particularly ' . .. SUNYAB Law School Committee on State and Local Government's first conferenceof the year was held Friday, Feb. 25 in the Moot Court Room. Mario Cuomo, New York State Secretary of State, was scheduled to attend the conference, but was unable to land in Buffalo airport because of high winds. Panel participants included (reft to right): James Magavern, former Erie County Attorney; Edward Rogowski, professor at N.Y. College, CUNY; Professor Jacob Hyman, tont'd. from page onu member State and Local GovernmentCommittee; and Robert Marshlow, municipal bond attorney. Not pictured is panelist Myra Stuart, Assistant Erie County Attorney. Buffalo. His visit at Duke will be a.! The major topic of the ronference was the question of the need for a N.Y. Constitutional "look-see" for both Lybeckcr and Duke. I Convention in 1978, which will be voted upon by referendum in November of this year. "Duke has had a long time fellow famous I in corporations, F. Hodge O'Neal. They are looking seriously for a person to lake his place," Lybeckcr said. He declined to go into his reasons for going to Duke. MICHAEL TIGAR, part-time visiting lecturer in criminal procedure: said he was not approached about another one year appointment. He added he would not have been interested in any event, because the Two professors who will commuting from Washington, D.C. had return: Herman Schwartz, proved to be too much. right; andKenneth Joyce, Another faculty member is believed to below. be considering" taking a leave next year, however he could not be reached for comment at press time. In addition, MARC GALANTER, processor of law and social change, said he does not know his plans for next year yet. He said he had^madc "no commitment to be anywhere else |than ÜB|." He declined to elaborate. And MICHAEL DAVIDSON a clinical associate professor, is finishing a three-year appointment this year. He said he has been offered another one year appointment at Buffalo, but he has not decided whether to accept it. Davidson said eventually he "will probably go back to some sort of practice" in government or at a private law firm, but he did not preclude the possibility of leaching at another law school. Two olncr professors, KENNETH JOYCE and HERMAN SCHWARTZ denied rumors that they arc leaving. Joyce, a tax professor, said he has "no plans to be any place but Buffalo." Joyce said he has no offers and is not consideiing^-inyihing. Joyce did have an offer to visit this semester at Miami, but he said he did not go because of his wife's career here in Buffalo. Schwartz, a professor in criminal procedure, also said that he had no plans to leave. — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-03-03 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1c1243c504b9b1c63c376d201f29818c.pdf c6bf7586fe109cbeb433aff44d922058 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17, Number 9 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 March 17,1977 State University of New York at Buffalo School of Law Law library functions with Dean proposes plan; announces new faculty limited funds and personnel by Robert Selcov by Kirn Hunter process so that law library needs Sinc_e the University and capabilities would be more has been actively Many law students may have carefully takeninto account when pursuing a university-wide library noticed what is not going on in general library administrative director, Dean Headrick said that the law library in the way of new decisions were made. He also said the law school should now materials or better service. And, last issue of Opinion, In addition, the Dean claimed that student according to Prof. Wade concerns are inflated with respect to the extent of the faculty problem Newhouse, who was appointedby and that the steps proposed will place the law school in a strong Dean Headrick to work with the library staff and help Oversee the competitive position next year. Dean Headrickaddressed these remarks to law students at an open library's operations, nothing is meeting held Thursday, March 10 in the Moot Court Room. The likely to change before the end of meeting was arranged by the SBA, and attended, by approximately the semester. .~tA t In its September 9 issue, Opinion reported that a search committee for a new head librarian would soon be formed, that library acquisitions would be tenure system, the library and i "sad" for a while and that there were a number of vacant staff positions. Since that time, nothing Academic Vice President Ronalc has happened with respect to acquisitions. In fact, there have been no new acquisitions, although subscriptions for sys tern which he callec reporters, Shepard's and statutes have been kept up. With the SUNY hiring freeze still on, there is not much chance of getting any new personnel right now either, Newhouse said. granted approximately years. when is after five Under the The future of 'the law library status tenure present system each faculty member undergoes two reviews by the rests on the fate of the University budget. What happens in the area The proposal on"\salary structure is tied in with the Dean's of acquisitions and staff will plan. depend largely on how much of also includes recommendation for a promotion and tenure It a general increase in the salary level of the faculty. the law library's requested The libraryhas been a constant problem for the past ten years and allocation survives the revision has baffled a succession of librarians and Deans, according to Headrick. process of the next two months. Both Dean Headrick and He stated that two of me four candidates for law librarian have been found satisfactory by Associate Dean Wade Newhouse and himself. Newhouse have stressed the Any decision in this area will be postponed until a new librarian for importance of the law library for the future of the law school and the University as a wholehas been designated. (See story, page one.) The Dean's plan concerning the mission of the school was its need for funds in their submitted in response to central administration's requirements. The conversations with University proposal presents a five year plan on theneedsand expectations of the administration. Newhouse said law school. According to Headrick, the law school has experienced a that the outcome of the remarkable expansion in the past ten years and he expressed realistic budgetary process is rather concerns on the ability of the State to keep the school growing on a unpredictable in terms of Its qualitative level. effect on library funds. Dean The questions by students following the Dean's opening remarks Headrick is more optimistic, evidenced a great deal of concern over the circumstances surrounding feeling that there is a good chance the decision of Professor Adolf Homburger to accept a three year that the library may get the funds appointment at Pace University. The Dean detailed the negotiations that it needs. that were taking place with the central administration concerning a Newhouse did note that, while waiver of the mandatory retirement policy. The central administration there have.been difficulties with appeared unwilling to grant Professor Homburger anotherrenewal on a the library, it has continued to full-time basis. Professor Homburger decided to accept the Pace offer function at a high level. Part of while the opportunity was still available. this is due,he said, to the work of In response to a question about his own future plans, Dean Mabel Jepson and Louise Tucker Headrick stated that he still has confidence in the law school's ability who are now in charge of library and develop and that he intends to remain here for as long as supervision. Newhousenoted that he is making a contribution to that development the next important step in an Headrickalso announced five new faculty appointments for improving library services will be ber, t977. Fred Konefsky and George Priest have both appointing a new head librarian. accepted regular three year positions. Marshall Breeger, Martin Rogoff Dean Headrick commented and Anthony Waters have all accepted one year positions as visiting that the delay in starting the professors. In addition to these confirmed appointments,, there has search process for a new head librarian was necessary while been an offer of a three year position made to Denise Carty-Bennia. According to Headrick, all of those who have been hired have had relations with the University some experienceteaching lawand none is a recent law school graduate. Library administration were The Dean also said that it will be the future policy of the law school to improved. At this time, a new head librarian for the whole hire experienced teachers when faculty positions are open. Konefsky has been engaged in research for the past six years and university library system is being has also been teaching part-time at Boston College. His major interests sought, and Dean Headricksaid he **-«•■»*»•» ■"** thought it was important for the and possible teaching arenas include legal -cont'd, on page 4 Law School to participate in mis gratuitous transfers. tt he felt it was advisable to wait on activate its own search for a head the search for a head law librarian librarian. He said that the until a better policy for dealing with the law library was adopted by the University library administration. The Law Library Committee and members of the faculty have drawn up a proposal for the future of the law library. The proposal will be reviewed by the new director of libraries to be appointed by the university administration. formation of a search com/nittee for a new librarian would begin shortly. Newhouse was hopeful that, once the committee was organized, the search for a suitable candidate for the taw library position would take a short time. He also said that he anticipates a new head librarian by next fall. Elections March 22-23 The Student Bar Association is holding its annual elections March 22, 23. Any law Student is eligible to vote for SBA officers. Candidates for the various positions in student government include: PRESIDENT BobKaiser, Jane E. Mago, Tom Murphy. Richard Parenti >st VICE PRESIDENT Aviva Meridian. SECRETARY Andy Cosentino. TREASURER Jeffrey Licker ABA/LSD DELEGATE Kathleen Drumm. 2nd YEAR DIRECTORS Marcia Davich, James |. Parris, Jike Buskus, Madeleine Bernstein, Larry Pitt, Terric L. Ben«on, David Alexander, Larry Cohen. 3rd YEAR DIRECTORS Michael J. Tallon, Alice Mann, Vikki Edwards, Matthew Melmed, Deborah A. Wright, Ellen Simon, Brenda Barnett-Bodenstein, Bonnie Hood, Paul Lukin. Photographs and statements of those candidateswho submitted such toOpinion appear on page 8. - - -- �March 17,1977 OPINION 2 Editorials Letters to the editors The Fee Vote Yes... To theEditors: Opinion is brought to you by the student activity fee. So are first-year orientation, graduation, the placement office, law school clubs and organizations, SBA parties and access to SUNYAB athletic facilities. Perhaps individually, none of these activities is worth the thirty dollars per year required from each law student; but as collective contributions to a well-rounded, many-faceted law school, student activity funded functions and facilities are well worth the nominal outlay. For those students truly unable to afford the expense, fee waivers should be continued. But for the majority of law students who enjoy the benefits of the activity fee and We urge the student body to Yes Maintain the vote - Mandatory Student Fee" in the referendum to be held on March 22 and 23. Most student organizations depend upon the fee for -the support of their activities. The damage that wouldbe done to the reputation of the law school and the quality of education here should these activities be seriously curtailed or- abolished because of Die lack of funds that would whose financial situations could accommodate the payment, the student activity fee should be continued. The decision whether to maintain or abolish the student activity fee will be presented in a referendum vote March 22, To the Ed/tors: '23. Opinion supports the student fee. . . follow a "no" vote would be having a lifeless, hornbook environment. dramaticand irreversible. Respectfully yours, Other functions, such as (1) ( 2) .Andy Cqsentino orientation, freshman . graduation, (3) use of athletic and MarciaDavich : Kathleen Drumm other University facilities JeffreyLlcker {including a portion of the health Paul Lukln fee), (4) the placement office, and which are Avlva social Meridian activities, (5) Ellen Simon funded, either in whole or in part by the SBA, would suffer as well John Slmson Sheryl Reich if the fee were abolished. Larry Pitt The maintenance of the fee is necessary if we are to prevent Bob Kaiser further deterioration in the Buffalo Legislation Project quality of life here and avoid Assoc. of Women Law Students . Left turn intersection. There is enough room for a left turn signal (there This is in regard to the traffic is a left turn signal going in the light on Millersport Highway and other direction), and I see no Maple Road. Whenever I leave reason at all why one is riot school I end up waiting 3-10 installed, for traffic would be greatly relieved, and I would be minutes at that light. The reason for this is that there much happier when I leave law If the SBA has not accomplished great and wondrous feats this year, it is not because of lack of effort on the part is no left turning signal at that school. The President of its president, Barry Fertel. Recognizing that student government operates in a hostile environment, either ignored or ridiculed by students and faculty alike, Fertel's attempts at extending the SBA's role are laudable. Starting with his support of the SUS lobbying in Albany last spring and continuing through his endeavors to establish contacts with alumni and the Buffalo legal community, Fertel has been an active and approachable SBA president. It would be nice to say that the student government and the law school flourished under Fertel's leadership; at least we can say that he tried. . .. To the Editors: President's Corner by Barry Fertel It has been quite a long year, and now that my term has expired I feel quite relieved. Not only has it been exciting, but it has also been an emotionally draining experience. During this last year I learned more about myself than I thoughtI would ever know. Being in the public eye, even in the small worldof this law school,has forced me to face up to my personal weaknesses because they have been so greatly magnified. I've been quite lucky to learn at so early a stage in my career what I can and cannot do. Nevertheless, I do feel that I have been somewhat successful in accomplishing what I had set out to do. I have focused on. enhancing; the image of the law school to outside observers. Ever since last year's successful effort to reinstate the State University Scholarship, I have been contacting legislators,alumni, the press, members of the Board of Trustees of SUNY, and justabout anyone I could reach, if only with the effect of causing people to note the existence of our school. Throughout my stint as "president," I have viewed my role as essentially that of an advocate for the needsand interests of my fellow students. My willingness (and some term it abrasiveness) to fervently speak out on behalf of my fellow students is something that I am proud of. Unfortunately, however, I was rather ineffective as a leader of the SBA itself, t could offer the time-worn excuse that not enough students were willing to do their fair share, but that is no answer. In undertaking to fulfill the duties of this office I became fully responsible for any failures by the SBA, and there have been quite a few. Oh sure, we've had a couple of successful parties, but there should be a lot more to the SBA than that. There ought to be a greater effort by students to organize activities within the school with the goal of making jaw school just that much more tolerable. More effective participation by students in the planning and program of the law school is also a necessity. All I can say is that I have tried. And if anyone asks me how I would describe this past year, I would say that It has been enlightening, exciting, frustrating, debilitating, depressing, nerve-wracking^ tiring, but, most of all it's been a helluva lot ofjunf , . A number of the students BAR/BRI Bar Review Course, have found the. course to be deficient in several aspects. The petition printed below is presented not as an endorsement The Undersigned, being students in the BAR/BRI New York State Bar Review Course at the Buffalo, New York location between January, 1977 to March, 1977, report the following deficiencies in the operation of the course: Despite various assurances, the course materials were not available before the beginning of the course; Despite repeated requests for the necessary materials by the course representatives at Buffalo, the commencement of the course was delayed one day due to n on -availability of course materials and tapes; On at least three different occasions, sessions had to be cancelled because the tapes did not arrive; The pre-test was delivered late and never scored as promised; Despite repeated inquiries, the "answers" to the pre-testwere made available until the end not of February; The "answers" given for the ire-test and for the directed :esting were at best inadequate md in several situations blatantly - , — - ncorrect; — , On three occasions during the course, Summer, 1976 tapes were played because the lecturer either did not arrive or became ill. One of theseoccasions was a New York Practice tape and on two occasions no updates were provided; Despite assurances frqm the — ;ourse director, G.I. - materialized by the end of the With a little bit of luck, it i won't snow in Buffalo this These difficulties and others i summer, the winter students have gave rise to a definite feeling that already been inconvenienced; the the tape locations were.receiving summer students won't be. secon<j-faie, treatnieitf ■ from '"-.-For\the "past -several years, BAR/BRI*. BAR/BRI has trained more While the majority of the I Buffalo students and more students were favorably impressed jstudents. from all other law with the local student ■ schools than all other New York representatives, the course I Barreview courses combined. We intend to continue. Our outlines, and the majority of the lecturers, the above listed testing program is being updated deficiencies should be considered i and expanded and we're offering a by all students contemplating the j greater emphasis this summer on enrollment in a BAR/BRI course the New York Bar Exam essay portion. (As for veteran benefits, in the future. Dominick DeLorie, jr. we have been assured by the VA Marjorle Mix that PLI, Marino, and BAR/BRI Jeffrey Jandura will have equal programs.) Frederick Lang And, in our four largest Cynthia Folk locations, we will be holding more Joseph Broderick than half the course on videotape. Don Monacelli Because so many Buffalo students Sara Zurenda. have enrolled already, one of George Johnson these videotape locations will be Sherry Turner here.■ We are .doing all we can to To the Editors: maintain BAR/BRl's high pass This winter's snow storm percentage at Buffalo and our caused logistical problems for all long Buffalo relationship. Any bar review courses. Prof. Joyce's students with further questions lecture had to be rescheduled and should call me collect in New we had to substitute tapes from York City at (212)594-3696. the prior course in several Stanley D. Chess instances. The snow also delayed, Member,New York Bar ■ the deliveries of books and Director, BAR/BRI hypotheticals, ;ourse; participating in the Winter 1977 — Dean Silvers — criticisms/responses of other bar review courses, but in the hopes that the calibre of the bar review courses available in Buffalo can be improved to more adequately meet the needs of the students. The Thanks. BAR/BRI Being that I have no experience in this area, I would like some help in going about trying to get a left turn light installed at that intersection; All those who can help, please leave a message for me at the Opinion office. Bill benefits For' the veterans had not — , : ., OPINION March 17,1977 Editors: CorneliaFarley Tanis Reid Louise Tarantino Manager: Steve Errante Photo Editor: NancyMulloy Business Vol. 17, No. 9 jan Barter, Rob Clandella, Andrew Cosentino, fed Firetog, Jeff Granat, lean Graziani, Joel Hockett, Susan Hogin, Kirn Hunter, Becky Mkchell, David Munro, Sharon Osgood, John Privitera, Dean Silvers, |ohn Slmson, Patrick Stellato, Bob Selcov An: Kistle Brill Photography: Frank Carroll, A.D. Scoones ' Contributor:Shcrvl Reich Staff: • Copyright 1977, Opinion, SBA. Any republicatlon of materials htrein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks, except for vacations, during year. flu It Is the student newspaper of the State University of Mew York at Buffalo School of Law, SUNYAB Amherst Campus, N.Y, M26(C The views Buffald, expressed In this paper are not necessarily those of the Editdrlat Board of Suff of Opinion. Opinion It a non-profit organiration, third classpostigt entered at Buffalo, N.Y. Editorial policy of Opinion Is determined collectively by tl|e Editorial Board. Opinion by SBA from Studen| js fupded Law Fees. CompoAfan: University "Tl Priss attfuffalo7 ''.' �March 17,1977 3 OPINION Wide World of Torts die-Checking in Communist China by John Simson front of our display cases all day long. Can't beat it." The Law School, as ah American Institution, is really no different from a large corporation*,'a TV talk show, or a squatid downtown diner. The salaries, perquisites and clientele are not necessarily on the same scale, but the thinking processes are. Ask William Carport Glutton 111, abdut GRAFT UNLIMITED, his multimillion dollar enterprise, and he will tell you that a $10 million lawsuit against his company, reported on the ABC NIGHTIME NEWS is worth more than any advertising his company has ever done. Ask any guest on a TV Talk Show, why he or she is putting up with inane question after inane question, revealing intimate personal affairs in front of a national television audience. Perhaps this excerpt provides the clue: Johnny: "Tonight we have.a.very prominent attorney, John Simson ..." \.Sii "Hi johnny, it's really a pleasure to be here tonite. I . can't wait.to tell you all about my sex life and the time that I was. stuck in an elevator with Judge Carswell, and Glutton: "You'd be "surprised how many people will buy a Johnny: "Gee, that's really something, you seem to have a case of our packaged meat immediatelyafter they've heard lot of things on the fire since I've seen you last and that someone has just collected $100,000 in damages for now for a word" eating Rat's Tails, found in some of our packs..." J.S.: "Johnny, we've never met before ..." J.S. "Hey, for a hundred grand I'd eat two rat's tails." Glutton: "As" a matter of fact, it's really worth it to us to Johnny: "Well, no ... but you do have a new movie to show us?" put a rat'stafl or something in every millionth package or so, can't beat it for sales'."'• ■" '"•"' J.S.: "Yes, it's a documentary, johnny, called Cite Checking in CommunistChina." J.S.: "Have.you found any.other benefits?" (shows clip) Glutton: "As a matter of fact,'salespersons'have noticed Johnny: "And we do have.a clip?" many attorneys standing next to our display cases, in J.S.: "Yes, and I also have a book coming out next supermarkets all over the land, handing out their cards to Tuesday called The Death ofGilmore by Contract." people purchasing our product..." Johnny: "... and it's aboutGary Gilmore?" Johnny: "And now for our next guest..." J.S.: "I guessit beats ambulance chasing..." Ajsfc: "No, Johnny, it's about an eccentric law schooj J.S.: "And I also have a new album coming Out next Glutton: "Sure, andit saves vi millions* Why, we'd-have to" .who" dies wb"ij& •writing1 afreatise on contract month entitled 'Folk Songs of the Common Law' " pay a fortune to get models, in nice clothes, to stand in law." Johnny: "... And you'd love to sing one of them for us?" • ,• On point Attorney decries character interviews >'■■. ( Ed. toy FM.'Barfie Copyright 1977 — The author is a 1976 graduate of Boston University Law School currently employe^ by Buffalo NeighborhoodLegal Services, Inc. asa staffattorney.) note • J.S.: "Wait a minute ... do you mean that youpay off the Health Department to close your Deli down?" TSD: "Sure, hopefully I can get them to give me the most violations. Then I make the headlines. Then business gets really good." J.S.: "Whatkind of customers do you pick up?" TSD: "Well, either store owners trying to figure out how I do it, and people from the 'burbs' come slumming it. And the best part is, that when I reopen, I get more newspaper publicity, and a belief on the part of the public that all the filth that closed me down is now cleaned up. Thank God for Health Codes." ' It pays to advertise. It doesn't matter what kind. Buffalo Law School knows this. It was for thisreason that the school hired the first non-lawyer Dean; it was for this reason that the administration called the Health Department last week: procedure. Law school nurtures; in many the strong belief that imposed upon you by any governmental agency or decree how something is doneis as importantas whatis done. My or order of any court including alimony and support criticism of interviewsbefore the committee on character orders and decrees," whether "you are indebted to and fitness is rooted in my distaste for the process, the anyone." An applicant is also asked to attach "a certified unguided and seemingly unfettered discretion of the copy of decree, judgment or order for each divorce, interviewer. No one knows what the interviewer will ask. annulment or separation action." The overbreadth of the information requested is a The range of questions on the application foradmission to the bar, which the interviewer reviews with you, pry into direct result of the vagueness of the statute governing persona! matters that are irrelevant for the purpose of admissions to the New York State Bar, Judiciary Law Section 90 (1)(a): "... the appellate division of the determining fitnessand character for practicing law. The eleven page application includes questions Supreme Court in the department to which such person shall have been certified by the state board of taw concerning all past residences of the applicant including temporary ones; the names of all persons "with whom you examiners, if it shall be satisfied thatsuchperson possesses are presently living and relationship to you;" whether you the 'character and general fitnessrequisite for an attorney have ever been "ticketed, or summoned, or arrested, or and counsellor-at-law, shalladmit him to practice as such taken into custody, or indicted, or convicted, or tried for, attorney..." There is no statutory determination of how or what or charged with, or pleaded guilty to, the violation of any law, ordinance, traffic or parking regulation or the the committee on character and fitness may investigate. law gives the committeeunfettered discretion in the commission of any felony or misdemeanor, or been The of its duty to approve the character and requested to appear beforeany prosecuting or Investigative performance fitness whether are default the of applicants to the New York Bar. in In "you agency In any matter;1' performance or. discharge of any, #ityor obligation, conx^d. on page 7 ■ Yes, advertising is the name of the game. The American psyche is geared to subliminal cues. It makes little difference whether they are employed by multi-million dollar corporations, TV talk shows or small town dives. Tony, from Tony's Squalid Deli, concurred: TSD: "Look, I'm small time. I can't afford a neon sign, much less some,newspaper or TV advertising. But I've still gqt to get the message across. So with a little help from the roaches, and a payoff to the Health Department, they close me down for Unsanitary conditions." On February 22, 1977, I was sworn into the New York State Bar along with approximately 375 other recent law school graduates. The elegance of the rococo Eastman Hall in'Rochester, N.Y., was the setting for this final step in our sharedrite of passage. The main speaker, the President of the New York State Bar Association, led off his speech with an easy metaphor comparing the events of the day to the arrival of a climber at the top of a summit after a. steep ascent Behind us werethose ''nasty" bar examinations, the three / years of mind' jangling legal education, etc. I wasn't*persuaded by his analogy From my perspective after' nine months of unemployment and'a costly'legal education, I was in a valley of despondency and debt.'Moreover, I could hardly dismiss into the past those "nasty" bar examinations with the speaker's nonchalance. Nor could I treat lightly the poorly conceived procedure of interviews before a committee on characterand fitness. I don't personally know anyone who has had difficulty in winning approval from the committee. However, I know people who are offended by the > J.S.: ''Sure. This one's my big hit single on Congressional Records,. 'Sperm is Thicker than Water.1 It's 'about whales." — LSD: "Can we be closed forhealth code violations?" DH: "Gee, we don't think so." » LSD: "Our lecturehalls don't have any windows!" HD: "I don't think so." - LSD: "Have you ever eaten in the Baldy Hall cafeteria?" HD: "Sorry." Click. This left the administration in an untenable position. Unable to get free advertising through health code violations, they realized that an expenditure would be necessary. The administration called a faculty meeting. He showed up. i LSD: "I've called this meeting because we must decide whether to spend next year's budget on faculty, to replace the leaving (not to be confused with the living) or on advertising." , -cont'd.onjxipej �March 17,1977 OPINION 4 Lost Horizon found in Buffalo on reacquired dump site by Dean Silvers Every once in a while, when law school gets to be a bit burdensome, I wish that someone would write a modern version of Matmondes Guide to the Perplexed for law students. But alas, I realize such is just wishful thinking. However, admidst the sometime coldness and bleakness of the law school journey you can find an escape, and although it may be temporal, it helps put things back in perspective, and lightens the burdens we place on ourselves. If you have a pair of really strong binoculars, go outside and point yourself South, and if you look closely enough, between the steely grey skies and the smoky black taint of the industrial compounds in South Buffalo you can discover a Utopia of sorts. Perhaps this Utopia is not comparable to that in The Lost Horizon, and perhaps it may not be as appealing to some as Anita Bryant's "sunshine trees", but it beats the Baldy cafeteria for aesthetic quality. Tifft Farms is a 264 acre nature preserve located 3 miles south of Buffalo's downtown center. On an average day, within the solitude of Tifft Farm you can encounter muskrats in the marshes, green or blue heron along the ponds, rabbits in marshes, ducks and geese, and a wealth of flowers that fill in and replenish the squalor and desolationof South Buffalo. Way back when, Tifft Farm was originally a food gathering spot for local Indians. Because it was so marshy in character, no one ever developed it. In the. mid-19th century Lehigh Valley Railroad Co. built a large rait network and complex on that site, which was eventually abandoned. And in. 1955 that grand old U.S. benefactor, Republic Steel, bought the land to use it as a dumping ground (what else is new) for slag. Since that time there has been a drop in the use of the site for dumping, and, unknown to Republic Steel, out of the trash of industry spawned the unassuming strength of nature. In 1972 the City of Buffalo reacquired Tifft Farm, and chose this site as the area to receive 2 million cubic yards of new refuse(to keep the old refuse company) which was being removed from Squaw Island, Buffalo's dumping site. The wonders of the modern society shall never cease to amaze! However, through grass-roots movements (forgive the pun) of coricerned c i tiz&ns and conservationist groups, the city of Buffalo was coerced into realizing the ecological value of this site. Some public officials and concerned citizens then' joined forces to form the Technical Advisory Committee, which advised the Buffalo Dept. of Corr.munity Development and its consultants. Two years later a Master Pla.i for the Tifft Farm NaturePreserve , was created. Some of its principles 3) Areas of high intensity use are planned, based around the and goals are: platfield section and the facilities 1) to transfer all the accumulated of an educational center, thus it into meeting the secondary goal of the waste into one pile, grade Nature Preserve, environmental mounds, and thenseed it. education." 2) "The first priority of Tifft Tifft Farm is a unique place in farm is that of its being a wildlife Buffalo. Right about now there sanctuary. Although six miles of are not too many people visiting nature trail are planned, parts of Tifft Farm, and it is quiet. It is the site, including most of the open from sunrise to sunset, it is 75-ac re m arsh will remain free, and attempts to make sense inaccessible to visitors. out of a world which seems so New selections.for the.Sea Grant Fellowship program have been announced. Pictured, left to right above, the students selected include: Pamela Webb, David Brody, Theodore Firetog, Arlene Fisk, Steven Waterman, Dennis Harkawik, Charyl Block, Mark J. Moretti. Also selected, but not pictured, were James Yawman, Ann Pfeiffer, and alternates Richard Keenan and Robert Ciandella. Each of these students will receive a stipend for research to be begun this summer regarding the coastal zoneenvironment. OPEN HOUSE Speaker's Bureau focuses on rape education and prevention by Sue Hogan Several women from the law school have been speaking to various community groups on the subject of rape and rape prevention. Flora Miller, Kathy Rowe Cox and Connie Farley are volunteers in the Speaker's Bureau program of the Erie CountyDepartment of Anti-Rape and Sexual Assault The department focuses on aid to the sexually assaulted victim through medical and counseling servicesand assistance through the criminal justice process. Rape education and prevention are also SUMMER LAW STUDY in Guadalajara Oxford Paris For information: Prof. H. Lazerow, University of San Diego School of Law, Alula Park, San DH»>, California 92110. functions of tne department, and are provided mainly through the volunteer Speaker's Bureau. Flora, Miller explained that presentations a/c given in response to requests to the department from various community groups. The types of groups range from grammar school PTA organizations to women's studies and college dorm groups. Cox and Miller recently gave what they termed a "very well-received presentation" at a professional women's service organization. Connie Farley gave her first presentation to a Criminal justice class at Niagara . Community College. The presentation includes a movie entitled, "Rape A Preventative Inquiry," followed by discussion covering issues such as the law, myths, statistics/ preventative measures, and local medical, police and court procedures regarding rape. Cox and Miller, who have been giving lectures for the past year and a half, explained that the purposes of the presentations were to educate women on rape prevention as well as to encourage them to deal with their own attitudes regarding rape. Miller explained, for example, that "Many women feel they were at faultbecause they were raped." J Another common feeling is shame — senseless at times. If you are interested in a -guided tour, you can call them and have it arranged, or you can hitch on to an elementary school tour of the preserve, and enjoy the fascination of little children as the world of nature unfurls right before theirvery own eyes. There exists a "diamond in the rough" in South Buffalo. So when law school gets to be a bit too much, wander on down to Ttfft Farm. for the Buffalo Legislation Project ., Wednesday, March 23rd 10:00 a.m. to 4:30 p.m. Room 724, O'Brian and fear of telling someone, which is reflected in statistics indicating that many more rapes are committed than are reported. Miller also said that the ALL lst-YEAR STUDENTS WELCOME Please attend for membership information and sign-ups presentations emphasize being aware and anticipating a variety of situations, in the hope that having the knowledge of several ways to handle a potentially dangerous ■ ,n. ",'. REFRESHMENTS WILL BE SERVED situation will enable a woman to \ think of rational alternatives in the event of a sexual assault. Cox and Miller initially became involved with the Speaker's Bureau two years-ago as a result of a research, project undertaken from ntiqe 1 through a Criminal Justice Priest has been at the University of Chicago for the past two years where he is a part-time fellow in lawand economics. Hehad previously Program grant" rape taught at Puget Sound for two years. His major areas are contracts, Their project concerned statistics in the Buffalo area, commercial transactions and torts., Breeger has been at the University Texas for the past three years especially successful prosecution, and the change in the with major interest in the fields of civil procedure, law and medicine, corroboration requirement in New and legal practice. Rogoff will be visiting from the University of Maine. He will be York State's Penal Law. (In March, 1975, PL section 130.16 here for only the spring semester next yearsincehe will spend the first was amended to eliminate all semester at Yale University. His primary interests are corporations, corroboration requirements securitiesregulation and corporate finance. Waters, who has been teaching at the University of Maryland for except in^cases where the victim's lack of consent results from the past two years, has experience in commercial transactions. Carty-Bennia has been at Wayne State for the past Itiree years./ mental incapacity or age and in Her major areas are civil procedure, copyright law andremedies. cases of consensual sodomy.) their In addition to these confirmed appointments, the Dean said that During the course of research, frequent contact with negotiations were taking place with other potential appointees. He Judith Laughlin, the head of the stated that people were being sought who could teach corporate tax, Department of Anti-Rape and New York practice and criminal law. Professor Louis Del Cotto will be teaching corporate tax here for Sexual Assault, resulted in the women's ultimate involvement in the next two summers and next year the Federal Tax I course will be (he Speaker's Bureau prograpy •split between Professors WilllamGrilherarid Kenneth )oyce. • • - Faculty appointments — . �March 17,1977 OPINION 5 BLP hosts open house Review amends competition rules to increase members selection The Buffalo Law Review has amended the rules of its 24, between 9:00 a.m. and 5:00 picked them up. Such candidates p.m. are advised to use registered or certified mail. No candidate will be allowed more than 240 hours in which to The of associates will their case notes after exams. complete the case note. Those be based 50% upon grades and Candidates may now pick up their candidates who choose to ma* 50% upon the case notes. The case note assignments at any time their case notes must have them notes will be evaluated without before Wednesday, May 11 at postmarked no later than ten (10) knowledge of the identity of their 5:00 p.m.; or on Tuesday, May days-after the date on which they authors. competition for the selection of next year's associate editors to allow first-year students to write NYSBA sponsors tax seminar "The Tax Reform Act of 1976 estate and gift tax changes, of Buffalo; Clayton H. Hale, Jr. of for the General Practitioner" is individual income tax changes, tax Syracuse; and Jack M. Battaglia, the topicof a two-day program to shelters and partnership Peter L. Faber, J. Kevin Mahoney, be sponsored by the New York provisions, corporate changes, and Jon L. Schumacher, and Sterling State Bar Association's administrative provisions. L. Weaver, all of Rochester. Planning Chairmen for the Con tin ving Legal Education Committee and the Tax Section. seminar are James B. Lewis, Allan The program will be held J. Parker, David" .Sachs, and For furtherinformation on this John Arpey,right, recently selected as new BLP director, is shown here March 18-19 at the Sheraton Eugene L. Vogel, all of New York program, contact the Continuing with project editors Kirn Hunterand Barry Oster. Inn-East, 2040 Walden Avenue, City. Legal Education Department, Program participants will New York State Buffalo. Bar. Association, The major areas to be discussed include Carl D. Bellows of New One Elk Street, Albany, N.Y. The BLP is a legislative service The Buffalo Legislation Project two-day City; jr. York Edward Griffith, M. during program 12207.(518)445-1211. and the are has selected John Arpey as its new organization staffed director for the coming year. administered by SUNYAB law Barry Oster and Kirn Hunter will students. BLP projects include be assisting Arpey in the critiques of existing or proposed management of the organization, legislation, comparisons with as well as continuing in their roles legislation in other jurisdictions, and drafting of statutes. as project editors. The BLP will be holding an Currently, the BLP is working on open house for all interested Ist projects involving bail reform, year students on Wednesday, consumer law, mental- health, judicial conduct, city ordinances March 23, from 10:00 a.m. 4:30 p.m. in its new office, Room involving the 1 st Amendment, and 724 O'Brian Hall. Members and tax incentives for industry in New project editors from the BLP will York State. (See Opinion issue of be on hand all day tp answer February 17.) questions about the organization and membership procedures. All Students parti cipating Ist year students wishing to apply successfully in the BLP for three for membership in the BLP are fu 11 semesters wi 11 receive three John Keenan, Special Prosecutor of the State of NewYork, addressed the Legal Ethics class moderated by urged to attend. Refreshments credits toward graduation for Dean Carlisle on March 7. their work. will be served. - Placement Office sets career seriesfor tomorrow CRIMINAL LAW: April 13 TAX: April 14 CORPORATE AND SECURITIES LAW: April 19 ENVIRONMENTAL: April 20 available for informal conversation. All students are invited LABOR LAW: April 21; LEGAL SERVICES: April 26; to attend. STATE/LOCAL GOVT: April 27; In addition to the March 18 program, the Placement RURAL LAW: April 28 Office has scheduled the following career evening programs: First and second year students are particularly urged to attend the mini-career evening sessions. Additional FAMILY LAW: April 12 information is available in the Placement Office A special series of three career programs will be and Peter M. Kooshoian will explain judicial clerkships. A presented by the Placement Office on Friday^ March 18. question and answer period will follow. From 11:00 through 1:30, Washington D.C. lawyer An informal sherry reception is planned for late in the Shelly Friedman, an assistant to the Secretary of Health afternoon in the faculty lounge. Guest lawyers will be Education and Welfare, will be available in room 197 to discuss career opportunities with the federal government. Friedman, a U.B. Law School graduate, will present five 30 minute career discussion sessions, the first to begin at 11:00 A.M. and the last to begin at 1:00 P.M. Friedman will have written material for distribution to interested students. At 1:30 in roon 106, "A Day of Justice" will be shown. The film was made for use at the law school. All first, secondand third year law students who are interested in positions with legal services organizations are urged to attend. Under the new federal legislation authorizing growth of legal service regional and local offices, many new positions will become.available. After the film, a panel of local lawyers engaged in poverty law, prisoners rights law, civil rights lawand legal aid law will discu9S career opportunities in their respective fields of work. Among the participants will be Richard Lippes (private practice and public interest law); Nick Siegel (prisoners rights law); Penny Wolfgang (legal aid); Marilyn Zahm (legal services law); and David Jay (civil rights law). Other lawyers will also attend. The panel discussion is scheduledfor 2:30 in room 106. At 3:30 P.M., seven Buffalo lawyers will present second spring career day program in room 106. James 8. Denman of Doyle & Denman wHI discuss practice of law in a small firm; David R. Pfalzgraf of Albrecht, Maguire, Heffern & Gregg will discuss practice in a medium sized firm and Charles Milch of Moot, Sprague, March, Landy, Fernbach & Smythe will discuss law practice in a large firm. In addition, Deputy District Attorney of Erie County, Joseph McCarthy, will discuss opportunities for law practice with the District Attorney's Office.Assistant U.S. Attorney Theodore J. Burns will discuss similar opportunities with the offices of the U.S. Attorney. Richard. Weinstein of Saperston, Day and Radler will discuss opportunities available with .government agencies ' �.March 17,1977 OPINION 6 Book Review Pound: practice vs. philosophy something bad, just as something analysis Supreme Court, a happened between the red scare competent constitutional scholar "Heresy Trial" at Harvard in can guess the interests and the 1921, in which Pound stood weight to be given to each. Bui if Roscoe Pound, Philosopher of Law by David Wigder by John Henry Schlegei among some ways the career of Roscoe Pound is a bit of an embarrassment to the law. The road from St. Paul and "The Causes of Popular Dissatisfaction with the Administration of Justice," to Harvard and praise for Stolbergv. California is a road that suggests that popular dissatisfaction with the administration of justice is less a matter of the undoubted fact that "Our system of courts is archaic and our procedure behind the times," than of the inability of our old men to dream dreams when as young men they sang songs. Conceivably, Mr. Widgor reflects my narrow, law school agrees, for somehow, his story bias, -but, in large measure, it seems to run downhillafter Pound reflects a deficiency in Mr. leaves from his almost unknown, Wigdor's analysis and but obviously very exciting, understanding of Pound's career sojourn in Chicago to accept the an d j v siprudential work, a Story professorship at Harvard. deficiency that becomes apparent Suddenly a human Pound (not as if one considers what we know full and round as say Fifoot's about Pound's years at Harvard. Maitland or Howe's Holmes, but Mr. Wigdor argues that there still a sentient being), a man who are two threads to Pound's could rouse the entire student thought a sort of Hegelian, but body at Nebraska to torchlight not idealist, organicism and .a instrumentalism. protest parades at the word of his Deweyian impending departure from the law Pound's interest analysis, however school there becomes more of a much of it one may. argue, he cardboard character, casting lifted from pages of Ihering, is shadows, not spells. built on a similar duality of I suspect that it need not have forces. But although Mr. Wigdor's been painted that way. Leon case, for a continuing dualism in Green reported to me that Dean Pound's thought is a good one, Pound, for all his orotund Pound's Harvard years suggest pomposity, was generally befo'vetf" that' there were some regularities by the bar both in Illinois and in in his actions. These regularities Texas for what were known as the Mr. Wigdor's analysis simply does "sonofabitch" stones (.. .and not explain. then the son of a bitch...) and Examples are easy to find. It is for an ability to drink most any perhaps curious that Pound was bar luminary under the table. brought to Harvard with a Thus, the Pound at Harvard national reputation as a must have been a lively character. progressive reformer, made dean And in some sense, the Harvard three years later, and yet his years could be seen as having philosophy, indeed even his brought his greatest achievements: concern for the administration of indeed a justice, apparently make no dent a Supreme Court world of legal scholarship that in the routine of educating law used his interest analysis students. (admittedly in a bastard form that Whether Pound was forced on loaded the analysis against a not particularly eager faculty by individual rights by forgetting, or an administration impressed by ignoring, a basic rule of that his reputation, or whether he was analysis never weigh an in general agreement with teachers individual against a social interest) like Joseph- Beale, and thus from as a daily tool of its work, and a the outset basically convinced corps of graduate students, each that there was no relation preaching careful scholarship and between the education of lawyers knowledge of European texts that and the deficiencies in the stretched the idelogical spectrum administration of justice, we do from the Lawyer's Guild to the not know. But it is clear that Liberty Lobby. Thus, if Mr. while Pound was Dean, radical, or Wigdor had wanted to draw a full, perhaps just thought-provoking round Pound at Harvard, he could courses like Administrative Law have. or Philosophy of Law were The Pound who1 could have forbidden to mere law students, seen triumph in his declining years for whom doses of equity and is, however, Pound the Dean, not code pleading apparently were Pound the Philosopher of Law. thought to sharpen the sense of The choice to emphasize the one justice equally well. Similarly, while it is not clear and not the other, as Mr. Wigdor has done, is plausible. Pound was how much of Pound's early knowq as a philosopher, whether antipathy for the American Legal Realists was, a reflection of what or nothe Was much of one. But I for one would have would be his anti-New Deal preferred to know more about politics, antipathy that the Pound at Harvard, than about Realists on the whole did not something happened Pound in the botany laboratory, return however much I must thank Mr. between the Cleveland Crime Survey and of isolating 1927 and the Wigdor for explicating Pound's real Anti-Realist Manifesto of 1931 empirical legal achievement as a botanist I that changed something good to suspect that preference, in part, research from In — .. — — — ' — the accused, and the Wigmore/Frankfurter controversy over the Sacco-Vanzetti case in 1927, in which Pound stood on the sidelines. To me the pattern is something made Pound sour on the remnants of p rogressivism that began to reshape, old doctrine after World War I, for it is apparent that whenever Pound did not start out on the right, he moved that way. Mr. Wigdor does not tell us what that something is, anymore than he satisfactorily explains why Pound vigorously opposed changes in the curriculum of the Harvard Law School. Mr. Wigdor does not note, much less explain this pattern, but in avoiding explanations of the regularities in Pound's actions, he does no worse than his subject. For both men decisions are wrapped up in a mysterious balancing process in which results are self-evident, at least in plain: retrospect. For Mr. Wigdor, if a dilemmais resolved one way by Pound, it is because one or the other of the dual elements dominated, justas, given the outcome of any case decided by today's interest ideological spectrum because the system ignored values. Likewise, scholars and public officials could adopt the'system that same scholar tries to intuit and Pound could still be unhappy the interests, not knowing the with the results. But, if the system result, that scholar will find him virtually dropped out in or herself talking about Mr. determining results, what was the Justice Burger's values, for it is impact of that system,and thusof those values that seem to control Pound the Philosopher? Surely, the answer to this the choice and weight of interests that, once known, seem to question is to be'found in the mechanically determine. largely untold story of Pound the Thus, in practice Pound's Dean, for if the system made little philosophy in literally a formal difference, what did make the mechanism in which the decisive difference what made Pound a questions what interests, of significant in the eyes of his what weight are hidden from colleagues and students was his view by a curtain of method that role as a Harvard law school sounds like pure p regressive institution, at .least unless the instrumentalism. apparent lack of impact of Pound Mr. W igdor does not the Philosppher of Law says more understand this fact, as is made about the biographical subject obvious by his failure to attempt than any but a revisionist to reach behind his own formal biographercould,possibly say. dualism of instrumentalism and organicism in an effort to try to (Editor's note: The above review understand which of Pound's was originaily prepared in a values wouldvdominate in a given sfig htly shorter version for situation. And, since it is in publication in another journal by Pound's role as Dean that both request of its editors. That the nature of his philosophical publication has been delayedby a system and his values become subsequent decrease in the simultaneously apparent, it is number of reviews published in understandable why Mr. Wigdor the journal. ProfessorSch/egel has slights this period in Pound's life. been Mind enough to allow But to explain is not to justify. publication here at the request of Pound's disciple could span the the Opinion editors.) courts, — -— - . Here at the western new yorker .. before ■t\ In view of the rrriptindfriß student referendum on the continuation of the mandatory Student Bar Association fees, we decided to take a long, hard look at some of the various organizations which are supported by these fees. Though there have never been any notices in The Opinion nor any signs on blackboards, we serendipitously heard about a scheduled meeting of the White Male Law Students Association.We had a little trouble locating it, but we finally discovered the group in the Administrative offices on the third floor. (If you ever decide to visit, don't be put off by the secretaries and administrative assistants it's all malepast the front rooms.) Last Thursday they were having a workshop on Assertiveness/Deservedness training. William "My Ass, Bias" Rehnquist was just finishing the lecture part of the class when we came in. The first group exercise was a repetition {"Say it fou.r times fast") of the slogan, "We don't care, we don't have to, we're professionals," and then they topped it with "what's ours is ours and what's theirsis ours." We asked the Coach why he felt there was any needjw Assertiveness/Deservedness training on the part'of the group which in our society has traditionally had no trouble getting and keeping theirs. Mr. R said that timeshad really changed, and that Government regulation was undermining the deservedness aspect with one hand and sapping the assertiveness with the other. "Take the case of McCarthy v. IndustrialCommission. There the Court said that if a guy got a herniaand didn't complain right away, you known, generally acted like a real man, then he wouldn'tget compensated on the job, but if the guy sits down and complains and cries a lot, then he gets the benefits. That kind of ruling encourages wimpiness, and that's why we have to try to put back in what those Regulators are takingout example is the Scholhoff tax case: A «ry paid $8800 for dancing lessons and they told he was 'nim going to get 'dates' with the instructors. When that didn't pan out, he deducted the amount from his taxes as a casualty loss, but it was disallowed. Now it seems to me that a man's ego is the most important thing, and he deservesV to be compensated, one way or another." The next class started filing In and we stayed for the beginning of it. It was the "Warren BurgerShort Men Can Be Effective, Project! Project! Project! .Yourself Seminar." There was an argument going on '-.' , ' : ."> between two students the class was called to order. One was saying that he thought that pregnancy benefits would eventually be extended to men on an equal protection rationale, and the other was maintaining that they already had been. The topic for that day's class was "The Uses of Mirrors," and there was a short follow up on the physiological justification for saying "It's not short, it's muscle." By that time we'd gotten a pretty good idea of how SBA funds were being put to use, so we thanked the Coach and slipped out '~.,. ....■■• i, ■-<.-„ .:.-,■ ��� — We've been trying to keep up with Buffalo's "season" this year, attending probably more parties than we should. The SBA party of a few weeks ago , really heads our list of "good times-had," though. Who else but the SBA would have been so, to chic so au courant, so /c ne sals quo! to have a bagel-beer burgundy party at 4 pm . on a Friday? The decorations were too much. The theme of the party seemed to be LAW SCHOOL, and all the Fall Semester's grades were hung just above our heads on a red crepe de chine bulletin board, the grades, by the way, were printed on plain whits paper with stark black ink. The contrast was breathtaking. As the -Hts of preparation for next day's class flowed out Ilk -heap beer, the symbolic placement of the .... ... grades wa/ t lost. ,:. ~ .-,„ -S.Reich �Jdarch 17,1977- OPINION . Cite Checking — page from Turn of the screw 7 ... 3 Faculty: "Gee, I sort of like having the entire fifth floor to and look at the Ferndale School of Law. They myseJf are one of the most powerful forces in the legal field, and they have no faculty to speak of." New York Higher Education Services Corporation, the LSD: "Is that so?" state agency thatadministers TAP. FACULTY: "Certainly. Through advertising they have This column is a financial aid update of the programs built an incredible reputation. It is rumored to be the ' 'that will provide 'aid during summer, 1977 and the SUS 1977-78 Academic Year As I reported about TAP, SUSTA for law students only law school in the country with a combined major in 1977-78 academic year. also is included in the Governor's Budget at approximately Law and Your Father's Money." Summer Work Study the same level of funding as for 1976-77.1 do not have any LSD: "Really?" Funds will be available. However, the Financial Aid indication that there will be a separate application next Faculty: "They've reportedly just offered the Beach Boys Office (Main Street) will not announce the application year. a visiting professorship to teach Surfing Law. Required procedure until the last week in March, and the exact Presumptively, then, the application procedure for texts being "Fun, Fun, Fun," and "40?." amount of funds will not be known until April. Students who are interested should watch for signs around April 1. next year will be the same; thatis, the student must file LSD: "Is thatso?" As soon' as I know anything, I will post notices in for TAP and receive an award notice for the full amount. Upon presentation of the award notice to the Office of Faculty: "And Flemdale is the only school with a classroomsand on bulletin boards. Student Accounts, the student will be given credit to department of Scuba Studees. (That's how they spell it!) Summer TAP his/her account for the SUS award. Determination of the Stewdents must log thirty hours of pool time. While in the Funding will be available for full-time students, that exact amount for SUS will not be made until next fall. pool, students \vork on maritime courses,and learn how to chase submarines." is, those enrolled in at least two courses. Applications should be mailed to each student (if he/she received TAP NDSL and Work Study for 1977-78 The Financial Aid Office (Main St.) will mail notices One student, at Firmdale told thisreporter that it is a during 1976-77) around May 1. For those who do not receive an application- in the mail, I should have some in to students who are eligible for either NDSL or Work very practical experience, particularly because she wishes ■■'■ Study in late-June or early July. The notices indicate the to practice in Atlantis, where submarine chasing is big room 303 by May 15. •'■ amount of the award, and include a sheet to be signed by business. the student that indicates his/her intention to accept or * Spermdale is even more progressive than Buffalo. TAP 1977-78 Academic Year The Governor's Budget, which- has not yet been reject the award. Receipt of either NDSL or Work Study is They have a totally open admissions policy. Students are approved by trie legislature, reportedly Includes provisions dependent upon having filed the two-part application not guaranteed a place in any class, be it first, second, for graduate and professional students at approximately forms by March 1. If any student is interested in either third, fourth, etc., year. Rather, the first 300 students to the same level of funding as for 1976-77. Applications program and has not filed an application, you must see bring $5000 in brown paper bags, to Griffith Observatory should be mailed to each student around May 1 by the Chris Carty immediately (Room 303). in McArthur Park {melting in the dark) are admitted and randomly assigned to whatever classes are being offered for that week. The process is repeated every Monday. For those interested in transferring, the tentative Fall Legal Faculty will be: Soupy Sales, J.D., University of Channel 5, Pie Law; Kareem Abdul Jabbar, N.8.A., Tall Law, Moving Violations; The student body has ratified the new constitution interested in a position on the Editorial Board should Liz Taylor, D.i.V., International Matrimonial Law; proposed by the SBA's Constitution Revision Committee submit her or his name and the job desired by March.2s in1 Julius Ervihg, Dr., "A.8.A., M.V.P., No Fault Slam and approvedby the SBA's officers. Room 623. Dunking Although the totafnumber of ballots cast (110) was Mike Nelson, N.8.C., SCUBA STUDEES (that's how ** jMrtei not a( SBAjofficiais said *~i i;Tne Women Law students. Association-will behaving they spell it!); tnVffiWr last wlffiyNiJel^WeXstudMiß vofed in favor oT adoption *~a Coffee Hour from 8-10 a.m. today, Thursday, March 17 Billy Carter, R.N., Beer, and the Presidency; and 17 voted in opposition, considerably mqre than the in the first floor lounge. It is hoped that this can become a John Simson, 8.A.H., University of Bad Taste, two-thirds approval required for adoption. regular activity and that a more active organization'will' ,secret ingredient §90 Reliance One immediate effect of the vote .will be the result from the informal meetings and discussions of Contracts with Late note: The two ducks, whoused to live in the elimination of the position of Ist Vice-President from the common interests and concerns. out front of the Law School will not be back this swamp SBA. An American Bar Association Law Student Division There will also be a General Meeting this afternoon at accepted positions at Stanford Delegate, who will be the student body's official "4 p.m. in the first floor lounge regarding next year's spring. They have representative to the Bar, will fill the only duties budget, the need for the mandatory student fee, the University In California. specifically assigned to the Ist Vice-President under the Women and the Law Conference, and plans for old constitution,but without a voting seat in the SBA. orientation. Please join us. \ tiy Chris Carty - •• - briefs Constitution, women and trial by jury *' l*E4'U«f . . ' � * *of Trial by juryhas been ** * Thelaw school production i Anyone interested in coordinating the mini-career cancelled. Plans to perform the Gilbert and Sullivan seminars in Family Law or Corporate and Securities Law, operetta had to be abandoned when it became apparent please contact the PlacementOffice or Larry, 836-4962. that there were not enough students interested to cast the ** * show. The SBA Election Committee needs two students to Alan Gerstman, organizer of the project, offered count ballots for General Election, March 22 and 23. thanks to Mr. Spanogle, Becky Mitchell, Bob Kaiser, Jim Students cannot be candidates for SBA office. The Election Committee will count ballots at 4 p.m. Hohensee, Andrea Adell and Erica for their timeand help in attempting to produce the operetta. each day of the election but results must be kept ■' confidential until the final tally is made on March 23. ""* \* * Opinion staff elections ,are set for April 1. Anyone Please sign up as soon as possible at the SBA office. *' SBA ELECTIONS March 22,23 _r On point — frompage 3 "An interview which undercuts a right of privacy . . ." It wasn't a sense of relief that I felt as I left my Applicants for admission to the Bar are in a powerless compounded by not knowing when I was going to be upstairs. After a few more names, I began to relax interview. Rather it was a feeling of deliverance; position. In order to raise die issue of the offensiveness called it became clear that aside from small number of since a deliverance from a state ofpowerlessness. and irrelevancy of the application. So all questions are persons who were called out of order; the rest were going In my opinion, it is time for a thorough review of this answered. alphabetically. process. The faculty and administration of this law school, For weeks prior to the interview, hypothetical to be calledup around the lunchroom. There were more as well as, anyone else in a position of power and I glanced dialogues between the inquisitor and myself played that room than on the racks at persuasion, should consider the situation and suggest in piece three suits through my mind. At .the focus of my daydreaming was: too, was carefully dressed. alternatives to the unfettered discretion now in the hands Would I dare not answer a question that pried into my Kleinhans. I, When my, name was called, I went upstairs and waited of the few men on the committee on character and fitness. personal life? ~ ■"' ' *' for a few minutes for the next available interviewer. I wpuld point to the present practice for admission to Finally, the Saturday for my interview arrived. The Although the committeeis composed of eight lawyers, it is 189 interviews-in Buffalo wete conducted in the law usual for an applicant to be questioned by only one the bar in the Commonwealth of Massachusetts as a process that respects an applicant's fundamental rights of offices'of the chairman of the committee since the County committee member. After a cursory review of my application interspersed privacy and due process. Compared to the lengthy New Hall was not heated sufficiently on the weekend. With York application, the petition for admission to the questions, my interviewer asked me an such large numbers, it was clear from the start that the with a few routine intrusive question about my personal life. Weeks of Massachusetts bar is four pages. There is also no questioning wouldbe only minutes long. response comparable requirement imposed on an applicant to win The 'applicants Waited ih a largelunchroom. I huddled practiced responses came of naught. My actual to focus on failed to measure up to the noble and moral hypothetical approval ftom a committee on character and fitness. ma come* by the Coca'Cola'ofmachine and tried were It is clear to me that the present arrangement in New right privacy irrelevancy of and the antl asked stances on my ahhagaiine: Since oneI'half allthie'applicants to1-appear-ai the'sa'me time, I listerled carefully to see how offensiveness of the question. I met the question briefly York cannot be defended on the basis that it is a ritual to and curtly and with much silence. Surprisingly, thisline of be tolerated. The wearing of robes at a college people ■vnrt being scheduled for thefr actual Interviews. as abruptly as it started. Theinterviewer commencement is a ritual to be tolerated. An interview When a person with a last name beginning with G was questioning ended which endangers and undercuts a right of privacy is not called after an N, it seemed that my anxiety, over not r approved my application and that was the end ofmy analogous. knowing what was going to be asked of me was to Be interview before the committee. ' I * • �OPINION 8 March 17,1977 Statements from the SBA candidates SBA President 808 KAISER Teacher selections, placement, curriculum, development, state budget lines, and SUSTA are some of the issues which concern us all as law students at ÜB. For students to be heard in these areas we must be seen as a coherent body with a respected leadership and voice for student opinion. In this campaign, I have put together the people who will be most effective in meeting this challenge. I offer my experience as SBA Vice-President and law school representative on University committees to qualify me to lead the students in a coordinated effort to deal with these problems. I ask your support. JANE E. MAGO I, Jane E. Mago, am a candidate for President of the SBA. This year, I am a second-year student, a representative to faculty meetings, the "Best Oralist" in the Moot Court Competition, a joint degree major, a teaching assistant in the Communication department, and a friendly face who is always around. Next year, I will be a full-timelaw student, willing to devote my energies to the task of running the SBA. will encourage greater expression of student opinions. will take the student view to the faculty and I I administration, but more than that, I will work toward the establishment of direct, workable student-faculty interaction. Perhaps the greatest asset which I offer is my ability to communicate favorably and effectively with various groups of people. A friendly, positive personality is required of the person who represents you to the faculty, alumni, university hierarchy and general community. have such a personality and hope you will give me a chance to use it for I you. TOM MURPHY The mass exodus of faculty, announced in the last issue of Opinion, represents a serious threat to the quality of our legal education and to the reputation of our school in the legal community. Budget cutbacks which have affected library facilities, secretarial lines, Ist year writing programs, etc., certainly provided no incentive for these people to remain at ÜB. The SBA can be an effective voice in calling this situation to the attention of the legislature and forcing the state to live up to its commitment to maintain ÜB's status as a first-rate law school. As SBA president, this wouldbe my first priority. RICHARD PARENTI I believe the SBA has failed to meet its obligations. Some people think that SBA should only be concerned with social activities, but this should represent only part of SBA's functions. SBA's money and resources should also be used to improve our legal education and to enhance our job opportunities. With the proper budgetary and administrative changes, thisinstitution could become nationally prominent. As a freshman, possess fresh perspectives that would help I effectuate this goal. Other candidates may have had prior SBA experience, but this can be a deterrant. The experience of the past often amounts to the Inefficiency of the future. ABA/LSD Delegate KATHLEEN DRUMM I want to become the American Bar Association delegate because I think that expanding the relations between Buffalo Law School and outside groups will improve the reputation and standing of our school. I will establish communication with the New York State and local bar associations as well as with the national organization. This summer I will represent Buffalo at the national convention in Chicago. As an SBA Director this past year, I was surprised to discover the school'slimited contact with outside organizations. I consider the task of improving the public image of Buffalo Law School to be one of top priority, and will actively work to change the Among the Candidates present situation. Secretary Pictured above: ANDY COSENTINO In. the past year, I have been quite active in the SBA as a 1 st Year Director, serving as chairman of the Constitution committee, and as a member of the Budget and Social Committees. As Secretary,. I would hope to avoid the failure of the present SBA by Bob Kaiser — improving communication within the student body. Only then can the Issues restoration of the SUS, equal representation for students on faculty committees, a better library, a well-manned placement office, and efficient allocation of fee monies be dealt with by the SBA. Treasurer Tom Murphy Aviva Meridian Jeff Licker Jane E. Mago Richard Parenti Andy Cosentino 2nd Year Director MIKE BUSKUS My major concern for the SBA is the condition of the library. I believe that SBA shouldhave input into the budgetary process, including lobbying In Albany, if necessary, In order to make the SBA function property I realize what was wrong in the pastand to assure that the University adequately funds the library. I also support retention of the wish to correct it Last year 40% of all SBA meetings were cancelledbecause not enough mandatory student fee, which is essential to maintain student organizations. Please vote directors gave a damn to show. I came to every meeting but one. Half of all meetings were in the SBA elections. spent quibbling over procedure; I was instrumental in writing and passing the new constitution which will solve these problems. The organization was so facttohalized that LARRY PITT During the past year as first-year director, I was responsible for establishing a carrel there were no priorities. My priorities are placement, legislative lobbying for more school funds, having the SBA become the school's voice in the local community and providing reservation system in the library at finals, edited the SBA Newsletter, and continually student involvement in SBA committees. I am committed to active aggressive SBA which pushed for allocation of SBA funds for both social and educational purposes. This experience will help me to continuerepresenting students' interests in the coming year. is progressive in its politics rather than merely responsive to crisis. JEFFREY LICKER Space for publication of statements in this issue of Opinion was available to all candidates in the upcoming SBA elections. ALL statements submitted appear above. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-03-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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New York 14260 State University of New York at Buffalo School of Law March 31,1977 SBA Presidency Student groups seek Murphy victor in runoff improved minority by Robert Selcov was being used.as a vehicle to Tom Murphy is the winner of a promote individual viewpoints. special run-off election held on In order to change this Tuesday and Wednesday, March practice, Cosentino said that 29 and 30, to determine who better communication is needed by David Munro would serve as the next president between students. This is of the Student Bar Association necessary in order to establish a On March 17, members of the Black American Law Students (SBA). A run-off was required sense of community within the Association (BALSA), National Lawyers Guild, and the Puerto Rican when none of the fourcandidates student body, he said. Law Students Association presented a "Minority Student Affairs" running general the in election proposal to Dean Thomas Headrick and about 50 students for Cosentinoalso believes that the SBA must be more effectively discussion. The proposal was written and endorsed by the named was able to accumulate 30% of the student vote, as required by~ organized. "As it is run now, no organizations. the SBA constitution. one knows what anyone else is While noting that over the years the law school has professed to recognize its obligation to provide an opportunity for minority persons doing," he noted: In addition, he Running against Murphy was would like to see more input back to receive an education, the proposal charged that there has been a Bob Kaiser. Jane Mago, who to the SBA from student members steady decrease in the number of minority students admitted since finished third in the genera! committees." She said that the 1974. election, was also eligible to Faculty Student Relations Board of the faculty committees. Newly-elected Treasurer Licker It was further claimed in the proposal that a number of participate in the runoff, but could be made more effective "explanations" have been offered by the administration and faculty to elected not to do so. through the establishment of is investigating the possibility of a withdrawal -justify the decrease, including: a lack of funds to attract qualified.but of the SBA from Sub Joining Murphy as the new guidelines, but only if its members needy minority students; a lack of sufficient numbers of qualified SBA officers are Aviva Meridian, were willing to spend time Board. This would be a move to minority applicants; a lack of facilities to offer needed supportive Vice-President, Andy Cosentino, establishing these guidelines. save money that is currently paid to Sub Board as fees for services; and a fack of significant success on the part of those minority Secretary, and Jeffrey Licker, students who have been accepted on a discriminatory basis. Treasurer. In a recent interview, As SBA Secretary, Cosentino disbursing. He would also Irke to see According to the proposal authors, the reason such problems have theseofficers discussed their plans would like to improve the image not been >olved is that they are "simply not among the priorities of for the comine year. of SBA in the eyes of the arrangements made for permanent Murphy intends to get people administration and faculty. "In funding of the Placement Office. the law schpol." They also note that while private law schools such as Harvard have as many as 140 minority law students (1975-76), involved in writing to state the past the SBA has not been Licker stated that the SBA should SUNYAB Law School, a public institution, had no more than 35-for legislators in Albany. This action seen as a representative of the not be funding it although it may the same year. It was further argued in the proposal that the University will be aimed at SUSTA funding entire student body," he said. He be able to pay a couple of of Buffalo is "run on the tax dollarsof hard working citizens and thus and. getting more funds to stop added that the SBA was viewed as students to work in the office. A common message received should make an effort to provide services to a student body which is the cutbacks at the law school. speaking for the individual Murphy said he found that, last members of the organization and from all of the officers was that more representative of those who support ft." The authors proposed three main programs, namely, year, the legislators were wilting that thisresulted because the SBA they would all be willing and able to work-together. institutionalization of supportive services for minority students after to listen to the law students who they have been admitted, an increase in the number of minority went to Albany to lobby for the faculty, and the appointment of an administrative staff person to SUS program and that the effort coordinate minority affairs. Each program is designed to upgrade was successful. minority student life at SUNYAB. He would also like to see an end to SBA funding of the Law Supportive Services Review, Moot Court and Buffalo The authors of the proposal charged that during the past few Legislation Project. Murphy said years, there has been a "notoriouslack ofany semblance of supportive ie feels the burden of supporting In the face of one of the more hotly contested Student Bar services" at the law school. They further claim that this has been due hese organizations should be Association elections in recent years, at least six candidate nominating to lack on the part of both the faculty and administration to recognize emoved from the students and petitions were allegedly stolen before therace. All those students who alleged their nominating petitions were or accept this obligation to provide such services. The proposal states issumed by the administration that because supportive services were not provided on an iince they are of educational value missing were allowed to appear on the ballot last week, said Alan administrative level, incoming minority students were.forced to rely to those participating in the Gerstman, chairperson of the SBA elections committee. Two students mainly on the largesse of ujSperclass minority students for counseling, activities. In addition, Murphy filed sworn affidavits that they had circulated the petitions and tutorial help, and general guidance. Thisresponsibility, however, often said the funding for these gathered sufficient signatures by the deadline. Three others gave precluded the upperclass students from participating in many law organizations should not be Gerstman photocopies of the missing petitions. The other student had school activities, and often affected their own academic performance. subject to the political whims of enough signatures on other petitions he filed to qualify without the In essence/enrolled minority students were penalized to a great extent the SBA. Murphy also said, missing petitions. for recognizing and accepting an obligation to aid others, who like however, that support to these Those candidates whose petitions were allegedly involved were: themselves, were struggling to survive in the (aw school environ," organizations would not be cut Richard Parenti, a candidate for SBA President; Andrew ). Cosentino, according to the proposal. until alternative funds were made the only candidate for Secretary; Paul Lukin and Mark Pearce, One faculty-sponsored program that the proposal authors thought available. candidates for third year directorships; and David Alexander and Larry had been a success and should be continued, was the "Assistance Meridian's main responsibility Cohen,candidates for second year directorships. Gerstman said an empty envelope had been attached to the outer Courses for Discretionary Students" program operated for the first as Vice (President is acting as the time last fall. The courses, taught by Professors Adolf Homburger, law schools representative to Sub SBA office door as a receptacle for nominating petitions. "Of those Joseph Laufcr, and Joan Hollinger, were designed to provide remedial Board. In this capacity she wijl that were put in the envelope on the door, someone apparently assistance in first semester subject areas for all discretionary students keep students informed of removed five or six. of them. They were all taken on the same day," in need of assistance. (See September 9, 1976 Opinion for program developments and act as a vehicle Gerstman said. to express law students' views. A search of the SBA office on the first floorof O'Brian failed to description). As the officer in charge of turn them up. "I have to make the assumption they were stolen. The authors recommended that the program be institutionalized, pointing out that this was not done last fall because the cost of the (external affairs, Meridian hopes to Otherwise if I didn't make that assumption they [the affected program was perceived to be too high. According to the proposal, facilitate the law school's candidates] wouldn't be on the ballot now," Gerstman saidlast week. however, the issue is one of priorities: "Whether to provide the irecognition by the University and "I have no way of knowing who did it. It could have been anyone assistance courses or an additional two or three seminars is clearly a i increase the law school's voice in walking through the building..." The disappearance of the nominating petitions was not the only matter of priorities of the decision-makers. Maintaining'the assistance Uni versity affairs. She also courses does not involve any additional costs to theadministration; it expects to make contacts with hitch in this year's SBA elections. legislators Albany insure that One in to second-year student, Charlotte Liebig, was denied a place on surely involves a redistribution of existing resources." The proposal authors argue that the results of last semester's the law school's needs are the ballot when she attempted to file her petition past the deadline. adequately presented for program Liebig brought the was a in her petition for ABA/LSD delegate on March 14, also demonstrated that Assistance Courses program I Gerstman said. The deadline was originally March 9, but later had been persons might be increased. consideration. vehicle by which the numbers of minority Meridianwould also like see to to March 11. Liebig's failure to gain a place on the ballot left Since many 'marginal' students did successfully compete with the students "participate to the fullest extended the position of ABA/LSD delegate uneon tested for Kathleen A. additional help, the authors note that this would indicate that a larger i -cant'd. on pate six extent possible on stud,ent-facultv Drumm. program - Ballot access cures alleged petition thefts ' < 1 ' ■ �March 31,1977 OPINION 2 Editorial Commencement at Artpark by Joel Hockett This year's commencement ceremony, scheduled for Saturday, May 28 at 2 p.m., wilt be SUNYAB Law School possesses a distinctive asset in its marked by less pomp and circumstance than is active and concerned minority student groups. Recently, the customary for such an occasion, according to Allen Black American Law Students Association and the Puerto Canfieid, Assistant to the Dean. Whereas in thepast Rican Law Students Association, with the endorsement and ceremonies have been held at Kleinhans, this year assistance of the National Lawyers' Guild, presented a commencement will lake place at Artpark, an for the performing arts, located in detailed proposal to Dean Headrick outlining the policy outdoors center Niagara Lewiston on the River. decisions they consider necessary to increase minority This change was in part out of necessity, due to student enrollment in this law school. unavailibility of Kleinhans on the chosen date. the It should be obvious to every law student in this school However, it was also a result of a general desire to that minority enrollment is disproportionately small; the informalize the occasion, as expressed by the matter should also be of concern to every law student. It is graduating class in a recent poll taken by Canfieid's office. addition to voting 2-1 in favor of the absurd to espouse "liberal" legal ideas of non-discrimination ArtparkInsite, third-year students also voted against and equal protection and yet remain unconcerned about wearing graduation gowns; thus only the Dean and equalizing the student body makeup. the President of the University or his representative Dean Headrick is fortunate to have minority student will wear therobes. The task of simplifying the ceremony is being groups who are willing to formulate tangible and feasible up by the Commencement Conrfmittee, which recommendations to alleviate the racial disparity in thislaw taken is composed of Canfieid, Professors William Greiner school. They are indeed an asset, an asset far too valuable to and Milton Kaplan, and six students: Barry Fertel, lose because of inaction or a misordering of priorities. Cynthia Weaver, Leslie Haggstrom, Bob Citronberg, Alan Gerstman and Paul Edgette. Their aim i> to cut Letter to the Editor To the Editors: We wish to thank the National Lawyers' Guild, the Puerto Rican Law Students Association, and other students who supported BALSA's proposal for continued assistance courses, and the hiring of an administrativeperson for minority affairs. The proposal is part of an attempt to ensure that more minorities both come to and remain in Law School. The continuance of a substantial assistance program, which proved its value last semester, is vital to the academic well-being of minority students. The hiring of an administrative. ,person is also essential, particularly in terms of recruitment (currently minimal) and co-ordination of tutorial services. During a period when "benign neglect" seems to be a hard and fast reality, we find it encouraging to see recognition of and concern for ameliorating some of the societal inequalities which also make themselvesfelt in educational institutions. We hope to both have your continued help and to broaden support for our long range goal to increase the pitiful 1% which minoritiescurrently constitute of attorneys in America. — Sincerely, Black AmericanLaw Student Association down on the role of the program itself and focus more on the students and their achievements, Canfieid said. For example, more visual focus on the students can be attained if they can sit onstage with thfr faculty during the ceremony. There will also be less emphasis placed on therole of the invited guests. Even the music will be less ceremonial and more contemporary, with the University Brass Quintet performing. Following the commencement ceremony, there will be a social hour, possibly with music provided by a law student group. In the evening the Buffalo Philharmonic will open its season at Artpark, performing Lerner and Lowe. Jh'ii will involve the only admission charge during the day. Perhaps the major unresolved problem for the Committee is finding a commencement speaker. Canfield's poll showed the students to be overwhelmingly in favor of having a speaker (the faculty opposed it, 8-4), but unfortunately the students have expensive tastes. Barbara Jordan and Bella Abzug both command fees of $2,000 or more. Because the usual provider of the commencement speaker, the Mitchell Lecture Committee, has decided that such funding is improper, the graduating class is left to its own resources, i.^," under $500. The Dean has told the Committee that if a speaker can be found for $5,000 he will locate the funds to make up the difference. Canfield believes that, in light of the present budgetary situation, spending $2,000 for a speaker is a "waste of money" anyway, since the speaker only tends to take the spotlight off the students. With regard to other speakers under consideration, justice Marshall ts unavailable on graduation day, and Canfieldhas so far been unable to contact Judge Wetnstein or Senator Moynihan. Perhaps the biggest prospect so far is Joseph Sorrentino, a graduate of Harvard Law School and author of Up Fromi Nowhere^ The CBS news program, 60 Minutes, recently,did a story on hisrise from juvenile delinquency in New York to the judiciary in California. He may only be affordable because he plans to be in the East at graduation time anyway. !n other news from the 3rd floor, the Registrar's office has confirmed that there will be classes on Saturday, April 2, and that classes will resume on Tuesday, April 12. Classes will then continue as normal through May 7. However on Monday, May 9, students should attend Thursday classes, and on Tuesday, Ma\ 10,'they shduffl-att&ritl Friday classes. ' Orientation . . ........ ~..-/„....i,. ,/Poor past spurs student action by Becky Mitchell A group of students, faculty members, and administrative personnel have begun planning the first-year student orientation program for the fall. Dave Brody, a first-year student, is organizing the effort. Discussions of problems of previous orientations have led to preliminary division of the orientation process into three to plan and carry out orientation day activities, to did in the collection of housing information, and to help with other planning. Persons interested should contact Dave Brody (834-5596), Becky Mitchell {838-6687) or Nancy Peck. Otherwise, inquiries can be made through Allen Canfield in room 311. UB finishes third in Jessup regionals parts: pre-orientation, orientation, and continuing orientation. by Mike Buskus The committee, which meets Wednesdays at 11:30 in room In the recent regional competition, SUNYAB Law School's Moot The International Law Society will meet, at 5:30 on 2 14, is con si.d c r i n g a Court Jessup Competition team placed thjrd among eleven •pre-orientation mailing to participating law schools. Hosted by Cornell Law School on March Wednesday, April 13, and again on April 19 or 20, to students who have been accepted," 11-12 in Ithaca, New York, the competition involved presentation of nominate and elect officers for 1977-78. After vacation, to include a summer issue of written memorials (international legal parlance for "briefs") on a watch the 2nd floor bulletin boards and the door of room Opinion, information on housing, controversial topic and several rounds of oral advocacy based on the student activities, and first-year same subject. 604 for where the meetings will be. faculty. The orientation program at the law school is scheduled for This year's competition, named after international law scholar Tuesday and Wednesday, August Phillip C. Jessup, dealt the question qf nuclear non-proliferation. 30-31. It is hoped that upper class The specific controversywith involved both technical scientific issues-ami students and faculty members will questions of Vol. 17, No. 10 OPINION treaty interpretation. The dispute revolved around March 31,1977 attend the orientation and help whether or not the Editors: Cornelia Farley with the various programs. Joseph of plutonium from development of the capability for the production uranium was a peaceful activity. Such reprocessing Tanis Reid Krakowiak, Director of of plutonium would be allowed if it were held by the court to be Louise Tarantino Orientation on the Main Street peaceful, but Business Manager: Steve Errante would be prohibited if it were construed to constitute Photo Editor: NancyMuHoy Campus has offered his assistance military activity. in training workshop leaders, and Staff: fan Barber, Rob Ciandella, Andrew Cosentino, Ted Firetog, Jeff planning specific activities to Granat, Jean Graziani, Joel Hockett, Susan Hogan, Kirn Hunter, Becky achieve the goals of the Stephen Deßaun and David Clegg, third year members of the Mitchell, David Munro, Sharon Osgood, John Privitera, Dean Silvers, John orientation. Moot Court Board, represented SUNYAB Law School at the Simson, Patrick Stellato, Bob Selcov Plans are in the making for competition. Deßaun and Clegg were assisted by three first-year Art: Kastle Brill Photography: Frank Carroll, A.D. Scoones continuing orientation to take students in the development of the two 25-page memorials. Ted Contributor:Shery( Reich place after classes have started, to Firetog, Larry Cohen and Mike Buskus performed background research problems deal with and issues that for the team. Copyright. 1977, Opinion, SBA. Any republication of materials herein Is arise once students are settled At this year's inter-school competition, each entrant participated strictly prohibited without the express consent of the Editors. Opinion is somewhat published every two weeks, except for vacations, during the academic year. in four separate rounds of oral argument, each pairing with a different It is the student newspaper of the State University of New York at Buffalo members of the opponent. To test advocacy skills, each team alternately represented School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views orientation committee have applicant (petitioner) and respondent SUNYAB's team won three out expressed In this paper are not necessarily those of the Editorial Board or extended an invitation to all law of four match-ups, including an upset victory over Syracuse University, Staff of Opinion. Opinion is a non-profit organization, third class postage entered at Buffalo, N.Y. Editorial policy of Opinion is determined students to contribute their ideas, which won the award for best memorial. The Buffalo team narrowly collectively by the Editorial Board. Opinion is funded.by SBA from Student time and/or talents. People are missed placing second, being edged out by one point by Rutgers. The Law Fees. Composition: University Press at Buffalo needed to gather information and winning school in the competition, St. John's, advanced to the articles for the summer Opinion, national finals, which will be held in San Francisco April. in ,— \ �March 31,1977 OPINION 3 Hinds speaks on political activism of NCBL On Wednesday, March 16, BALSA ahd the Distinguished Visitors Forum sponsoredLennox Hinds, presently National Director of the National Conference ol Black Lawyers (NCBL). In hts speech, Hinds indicated that the NCBL is an organization which is community service oriented, as opposed to being a trade association in the nature of the National Bar Association (NBA). Hinds noted that the NCBL tries to become involved in litigation which is political in nature, including foreign affairs. According to Hinds, the NCBL is a non-governmental delegate to the United Nations, thereby enabling the NCBL to sit on various commissions within the UN ahd render advisory recommendations. Hinds said that there is very little difference between domestic and foreign policy in the U.S. and that therefore it is necessary to keep abreast of and make efforts to stifle, "the imperialisticactions of the UnitedStates." In addition to human rights being protected investigations." abroad, Hinds pointed out that Carter must be forced to deal with human rights at home, |n his speech, Hindsnoted thai the criminal justice system in the Professors late; students angry; clocks gone by Kirn Hunter • How many times have you found yourself perched on the edge of your seat, books in hand, ready to run at the first sign of dismissal when a class is nearing its concludion only to have the professor continue to expand,, upon the importance of a comma in §25 of the Hawaii State Statute for another 20 minutes?? At such moments, students tend to conclude that professors are blind, since they fail to observe the writing on the wall or, at least, the cTock. Students wishing to confirm their suspicions about the length of class will search in vain, because most of the large lecture halls sport only square indentions thoughtfully decorated with stray wiresinstead of clocks. Workers in the O'Brian maintenance office have informed " Opinion that this state of affairs is due to a severe vandalism problem in the school. All of the missing clocks have been replaced at least once, some as many as three times. The clocks cost $40 apiece to replace, and the Amherst Campus maintenance department has refused to replace any more clocks until better means for securing therh can be found. According to O'Brian maintenance workers,, clocks in Baldy Hall were installed with chains in the back to prevent theft but, as most bicycle riders well know, chains have not been an effective deterrent to practiced rip-off artists. Vandalism in O'Brian alone is not limited to clocks. Two students were caught stealing tables frofq the front of a lecture room, a worker reported. A , before the Supreme Court, Hinds responded that "given the court's composition and their prior holdings, NCBL is not very optimistic and it is our view that the court will uphold the rulings of the California Supreme Court. victims of counter intelligence and that "the Paranoia of the American intelligence system is evidenced by the listing of Black entertainers on counterintelligence lists procured by the National Black Caucus as a result of Red Squad Hinds also raised the point of the attorney's right to criticize a proceeding in which he has been involved. Asking whether "lawyers waive their first amendment rights upon admission to the bar," Hinds said that a public trial has no true meaningif it cannot be scrutinized and criticized by the public. The inability of attorneys to exercise their first amendment rights was attributed in part to the weakness of the bar and therefore the arrogance of the bench, according to Hinds. However, he said that there is "some hope in a new breed of lawyers which seemsto be being born with more heart and ability to risk something than their predecessors." ' U.S. is used to achieve political ends. In his dealings with tome criminal cases, Hindssaid that he feels that "the defendants are nothing more than political When asked about the Bakke prisoners within the U.S." He case concerning reverse noted that prominent Black discrimination in admission to citizens in the U.S. have become professional schools, now pending Here at the western new yorker podium was taken one evening, before a lecture was to be given. We've been told, by a Thirty people were in the .room confidential source, that buried when the theft occurred and no on the fourth floorof the Library one would come forward with any is a thriving though closely held operation specializing in information about it. Professor Wade Newhouse has hand-made hypotheticals. Most of been trying to get the Amherst its business comes from the Campus maintenance department professors. "We'll get a request in by say to do something about getting new, more secure clocks. "Having four or five in the afternoon, and clocks in the classroom is we can usually work something up important to students and for next day's class by nine or ten professors both during class and at the next morning," Mr. Potter, exam time. There must be some way to deal with the problem," he said. Professor Newhouse indicated that while he deplored the repeated incidents of vandalism at the law school, he would continue to press for a solution to the problem. In the meantime, students will have to resort to guerrilla tactics in order to be released from class on time. Paper rustling, book slamming, arid briefcase shuffling are good techniques, but sometimes have the unfortunate making the result professor speak louder. Be sure not to oil the hinges of your briefcase; if the sound is sufficiently annoying, it should get the professor to at least stop talking. Once the professor ceases to lecture, students will assume class is over and run out of the room. More daring students may take advantage of the anonymous grading system and inform the professor directly that her/his time (as well as the statute of limitations) has run. Perhaps the easiest thing'would be to leave when vqu feel class is over. When the professor realizes that no one is there, be or she will probably stop talking and leayej, too. ~>.-", ■i, ■ '•■>■ rtdWj " M kfiiUfifi • If that occurs, state institutions like SUNY Buffalo will begin dismantling whatever minority student programs they have and challenges will have to be brought in state courts on a state by state basis," he added. Subsequent to his speech, Hinds commented on foreign affairs, stating, "The Middle East conflict should not be seen in an amorphous sense. It is a shift in economic relationships between West and Arab countries. The West maintains the technology and there has been a shift in the money. "Apprehension has arisen with the investment of Arabs in U.S. concerns," Hinds added. "The U.S., in attempting to maintain its influence on the flow of Arab oil, has used Israel as a wedge to destabilize the Arab community. There is a link between Tel Aviv, New York and Johannesburg. The Israeli government carries out the U.S. foreign policy," he concluded. one of the darks, told us. "How exactly does it work?" we asked. "Well, a professor gives us a case which usually involves live people with a possible, thoughfrequently unlikely, fact situation, and we just take it to its most unlikely end. We are prowling the borders of about five disciplines: physics, logic, biology, human experience, and humor, to name a few. "The idea in a hypothetical," he continued, "is to take a mildly uncomfortable and unreconcilable situation and take it to the point where you have people squirming in their seats, knowing that of course it would be absurd if the rule just worked out were applied there, but they can't figure out why, hypothetically, it can't be applied. It's great fun." We asked for examples. "Take Con Law," he said. "Just when the class had been willing to accept that the Constitution had explicitly limited its jurisdiction, we had the professor ask what would happen when we got to Mars. The class, of course, collapsed* appalled by their own short-sightedness. "Tax is a problem, though. A lot of pur business is being edged out by the Regs. No one can appreciate a hand-made anymore, and no one heeds one when you've got the Regs. There are so many unlikely, inapplicable situations in there that we've been effectively eclipsed. There's no quality where you've got quantity, but what can you do? Take, for instance, the 'maintaining a household'section: 'If a couple lives in an igloo for six months and the husband is a -piano tuner who fixes the igloo roof with tools he borrows from We asked him if he could think of a system of legal training which would not use hypotheticals. He laughed, and said we'd have a long way to go before we could compete with him. his employer, and his wife carries her lunch to work three times a week ...' That sounded familiar to us so we started figuring out whether they realize income from using the tools, but Potter continued. thought that was needed, so we invited him to the-Law School to discuss it. "Judo," he told us over tea, "is all about strength. Not strength you have, but strength you can use. In other words, just because you have it, it doesn't mean you know how to use it, and even if you don't have it, you can use what your opponent has. It's surprise, using your size, leadening your bottom when threatened, and laying like a log on your stomach when thrown." That! sounded like law to us, so we arranged for a class to begin on Thursday, 10 a.m., in the Moot Court Room. hypothetical in tax "We are very proud of our most recent expansion. We've got a toll-free connection with Washington, you know what I mean, ha ha, and we get some weird questions from there. One of those guys, still that 'state action' is a government-run bordello, so you can imagine what his 14th Amendment opinions would look like if we didn't help him out" ' *** We got a call from Coach Michaels from Clark Gym who was wondering if we would be interested in having him run a Judo course for law students. We were curious about why he �"You can't reverse the law of gravity on appeal." -Petrocelli, A. nopinion "I hearby overrule the law of gravity as it poses too great a restriction on individual movement" State University of New-York at Buffalo School of Law Special Supplement -Rehniquist, J. April 1,1977 Buffalo law students indicted Diplomatic relations to be for impersonating federal restored; SBA exile to end after officials convened 25 years in Erie A special grand jury County last fall to investigate corruption within the State University Law School, returned an indictment today naming five In a surprising announcement, President of the Student Body, reported that the Nationalist Government of the Student Bar Association would be recognized. SBA Energy Czar Cisco Houston was ecstatic. The SBA had been a powerful force until 25 years ago, when the student body banished its members from O'Brian Hall. However, the SBA was able to secure a small island in front of the building, and has been governing there, while in exile. Every so often, a student will stray too near the SBA Island and is captured. Some do not return. Others are brainwashed so severely that they can no longer serve a useful purpose in life (except on ocean liners). One who did return was Ralph Ralph Stairsteps two ducks be enjoined from further laying waste to their island. The SBA is further concerned about Stairsteps. RS: "Well, I'd just finished my Con Law Exam, going through the six steps and all that, and. I wasn't really paying any attention to where I was going. All of a sudden, this canoe" came out of nowhere and scooped me up." . . MP?. "What happened next?" RS: "Well, I heard someone reciting from Robert's Rules of Order, and I thought there was some sort of meeting taking place, but.. when we got closer I realized they were having a big beer, party and that the guy reading the Robert's Rules was- trying to distribute the beer in an orderly manner." MP: "We've heard varying reports as to the size of the SBA. There must be quite a few, if they needed Robert's Rules to distribute beer?" .. RS: "Well actually, there were only two of them. They kept staring at me and screaming something about finally having a quorum after all these years." MP: "How did you finally effectuate your . escape?" "RS: "Welt, they were discussing how mcuh money they were going to allocate from mandatory student fees to coastal defense and I swam to safety." Broonzy is now negotiating with the SBA leaders as to the exact terms that will be acceptable. He stressed, that no concessions will be given, until all LSIA's have been accounted for. It is rumored that close to three students have still not been accounted for. The SBA is reportedly holding out until the student body guarantees that a bridge will be built, and two Russian trawlers that were spotted within their coastal waters: When the Russian Law Students Association and Embassy was contacted they refused to comment on the activities of the trawlers. UB law students for violations of 18 USC §§711 and 711 (a). The investigation was begun at the request of President Ford after he was informed by undercover agents that some persons were threatening thehonor and security of the United States by fraudulently and maliciously misrepresenting themselves to be "Smokey manufactures, reproduces, or uses the the Bear" and "Woodsy Owl" at law school character 'Woodsy Owl/ the name 'Woodsy President functions. The former took Owl,' or the associated slogan, 'Give a immediately by appointing decisive action Hoot, Don't Pollute1 shall be fined not a special assistant United States Attorney more than $250 or imprisoned not more investigation, conduct sources said. than six months or both." to an The names of those persons indicted § 711 of 18 USCprovides: "Whoever, are being withheld until they go before the except as authorized under the rules and regulations issued by the Secretary of character committee, at which time they Agriculture .knowingly and for profit will be arrested by armed SWAT manufactures, reproduces, or uses the commandos, bound hand and foot, and character 'Smokey the Bear' or any carried out upside-down on giant gavels. facsimile thereof, or the name 'Smokey the. An underground organization is organizing Bear' shallbe fined not more than $250 or a Smokey the Bear and Woodsy the Owl imprisoned not more than six months or Defense Fund, in, order to., prepare a both." §711 (a) provides: "Whoever, defense for the unknown impersonators. except as authorized under the rules and Dpnations should be sent to Box 007, regulations knowingly and for profit Nopinion Office, O'Brian Hatl. . . Buffalo maintains progressive image, holds commencement at the zoo Office's tn a break with tradition, the law school will hold its 1977 graduation ceremonies at the Buffalo Zoological Gardens, Alan L. Canfield, Assistant to the Dean, has announced. The administration feels that the zoo is a more appropriate setting for the graduation than Kleinhans or the Aud during half-time at a Buffalo Braves game, or more traditionalarenas, particularly this year when Justice Warren "King Kong" Burger will be lecturing on the Law of the little more." It is rumored that the Placement Office is especially enthused about the location. Director Karl Aisle feels that holding graduation at the zoo will help in getting new graduates together with prospective employers. In the past, the Placement Office has had trouble in luring prospective employers to the law school. It feels that they would be more easily induced to go to the zoo. Canfield feels that the Placement plan, while basically sound, a danger of confusion. He thinks, however, that any confusion can be eliminated by prominent signs warning: "Interview only those outsideof cages. The ones inside the cages are property of the zoo and will not be allowed to leave the premises, no matter how prestigious the firm." presents If funds permit, next year's graduation will be held at Disneyworld, Canfleld said. Jungle. Canfield that cages filled with bored animals would create an environment more relevant to the law school experience. A recent administration poll soliciting seniors' ideas for making the graduation more meaningful turned up a surprising consensus that most casebook opinions had been written by drunken orangutans, striking typewriter keys at random, and that everyone would like to see some of the authors in person. According to Canfield, the only facility at the zoo large enough to hold the graduates and speaker is the aviary. He expressed chagrin that, due to a shortage of funds, the school would not be able to issue each graduate an umbrella. "But,"he added, "people just graduating from law school have already had so much guano fall on them that they won't even notice a It's All Happening at the Zoo — (left) Faculty'stranded on library landing with Fei �Letters to the Editors SONGS OF THE COMMON LAW "Res Jude" To the Editor (of Opinion, not Law Res Jude, does not apply there was no notice of a class action Due process, will let you into the court so you can get some satisfaction I take offense at the suggestion that Qte Checking originated in the People's Republic of China. As everyone knows, cite-checking originated in 16th Century England.1 The arrival of this fine art form Well keep em out or let em in Res Jude you too, you're looking for efficient Court proceedings But don't you know that it's a fool who makes a rule that's hard and fast and self-defeating Na na na na na, na na na na Review) in the colonies was rivalled only by the impact of tea and the stamp tax.2 I would hope you would use a little more research in your stories before you start becoming an irresponsible and untrustworthy source of tittle-tattle. As for that quidnunc who wrote the news item, ditto! 3 Sincerely, Six Unknown, Unnamed Law Review Editors Ed. Note: We would like to point out that cite-checking did not originate in either CommunistChina or England, but rather in Mexico during the Aztec period. The Chichimecs, a violent tribe of warriors, whose name translated means son of dog, made extensive use of cite-checking in their everyday lives. Each morning before a warrior went out on the hunt, he or she was required to put in about an hour's time preparing articles for that week's "Archaeology in Review." In thisway, the tribespeople were assured that their activities were accurately reported in the Spanish press. Author's note: I hate to contradict my editors, but long before the Chichimecs were checking sights in Mexico the Chinese people were in fact doing so. During the M'ing Dynasty, wall posters were introduced for the first time. It was quite important that people all over the dynasty were well informed as to what the current posters should say. The emperor therefore summoned young scholars and told them to make pocket parts for the posters to keep them up to date; and further ordered the posters shepardized so that they could be removed when they were finally overruled. Now, I realize that this isn't technically cite-checking, but close enough to merit consideration. If I created any stigma to those who do cite-check, I am sorry. "Remainderperson" Who can look at a fee tail, if there is no heir take it in fee simple and live life without a care Remainderman can cause he takes it all in fee and makes the world go round Who earn take a life estate, or a term for years, enforce his rights in equity and leave 'em all in tears Remainderperson can cause he/she takes it all in fee and makes the world go round Remainder person takes, everything he takes In fee simple absolutely You can see it resolutely Especially if there's perpetuity Dear Editor: I have been following the career of one of your columnists quite closely this past year. It is primarily due to the fact thathis column is somewhat like mine was last year. Now I'm not claiming that he's stealing any material, or any action like that, but I am somewhat irked. In any event, I really didn't mind even that until he started.writing about hockey. The early columns showed promise. Hockey.' was dealt with with disdain. But the last column, Forecheckfng in Communist China, really was too much. Now that the Communist Chinese are playing it, and the Russians are ripping everyone apart, maybe the people around here will realize it is just another pinko commie plot to corrupt our way of life ... I hate hockey. Yours Meekly, Larry DearEditorettes, I would like to protest the article on Cite Checking in Communist China. It was yellow journalism to the worst degree. And, as one law professor here might add, "Who gives a rat's ass!" Sincerely, Six More Unknown, Unnamed Sincerely, Law Review Cite Checkers I.Edgar Stairsteps , 2nd Circuit uncovers Hand-written letter Thishand-written note was foundin an abandoned study carrel. The footnotes have been removed to protect the innocent, torn from the bottom ofthe page, but here reprinted, is the musing ofa first year law student. srtel. (Right) Students clog halls and stairwells to prevent rescue attempts. Dear Mom,1 School is fun.2 I am learning about 3 neat stuff. Remember that time in 1965 when the plumber put the acid down the 4 drain and blew up the hot water heater, well you were right, we could've sued.s But it's too late now. One of my law "" school professors,6 who has long hair and isn't a girl,7 told me at orientation that someday I would be able to argue all sides of an issue without even thinking about what I was saying. He told me that at that point, I wouldbe a magnificent lawyer and 9 a terrible human being.8 He's so deep! Well, I've got to get back to the library now. I hope you are still pleased that you drove me every day of my waking life to become a lawyer, because I appreciate it. 10 All my love, Learned �March OPINION 6 j I, I"• Briefs: review, women, civil rights and the Bar Recently-elected Editors of the Law Buffalo Law Review include Neil Cartucsiello, editor-in-chief; Tom Carney, publicatjons editorrKen Gartner, managing editor; Louis Faber, business editor; Phil Szabla and Sandy O'Loughlin, technical editors; David Ascher, Steven Gerber, and George Williams, articles editors; Kevin Major and David Reitz, research editors; Russell Brown, Colleen Butler, PhilClarkson, John Costello, and Jim Muckelwee, case and comment editors. Albert Jenner (above, right), Chicago attorney who served as chief counsel for the House Judiciary Committee's Minority Republicans during the 1974 impeachment hearing, spoke about Watergate in the ethics, Jenner s Moot Court Room on March 24. Organized as part of a third-year law course in presentation was open to the public. After his talk, Mr. Jenner answered questions from the audience. BRC bar review course is. offering two free lectures on New York Practice featuring Professor Miller of Weinstein, Korn and Miller. These lectures will be given from 2 'til 5 p.m. on Wednesday, April 13, in room 109, and Tuesday, April 19, in room 1.06. Two I. additional lectures, for a cost of $35, will take place from 2 'til 5 Women's Law Association will be p.m., in room 109, on Wednesday hosting a brown/bag lunch session and Thursday, April 20 and 21. every Wednesday between 11:30 For more information, call Maria and 1:00 in the first floor lounge. Mossaides at 886-2759, or Ron All women are invited to attend. Eskin or Lew Klee at 837-9552. BLP terms Minority programs. .. openhouse cont'd. frompage one —number of such students could be admitted in the future. "Indeed," The proposal points out that administrative staff persons witr similar duties have worked well at the law schools at Wayne State University, Rutgers University, Temple University, and the University of Wisconsin, as well as at the medical school here at BuffaloThe authors specifically stated that these responsibilities should not Be given to a minority faculty me.mber. "Their [minority faculty members] professional duties should include none that are not also the duties of their colleagues. What we are proposing is a person who would devote his or her energies fuU-time to the coordination of minority studentaffairs." Most of the discussion at the meeting centered on this recommendation. Students argued that the appointment of a minority affairs coordinator would symbolize a recognition on the part of the. law school administration that much more energy must be put into the though responded favorably, area of minority affairs. "It's a simple issue of the priorities of the law At the meeting, Dean Headrick recommendations. He said he school," one student concluded. supportive services cautiously, to the While agreeing that more must be done to guarantee an increase in would agree to meet with representatives of BALSA, National Lawyers Guild, and the Puerto Rican Law Students Association to formulate a future minority enrollment and achievement, Dean Headrick stated "it remains that the proposal as a whole does not give, enough credit to "sincere tutorial program for next fall, though at this point, he said, unclear how much involvement, or responsibility, the administration efforts in the past by many members of the law school community." the subject of the appointment of a full-time minority affairs staff accept." On will Concerning the institutionalizatiori of the Assistance Courses person, the Dean was not convinced that this was the solution. "First, program, the Dean said that the results from last semester are presently when one person is given so many responsibilities, my experience has being evaluated and "If the evaluation is favorable, some kind of been that everyone else wipes- their hands, resting assured that supportive assistance course program will definitely be offered next someone is doing what is necessary," he said! "Also, again relying on fa11,." he assured the groups. Headrick added that "the only problems past experience, such a staff person will soon become bored and will now involve staffing (Professors Homburger and Hollinger are both demand teaching or other additional responsibilities, thus strayingaway leaving the UB faculty next fall), and the exact foVm theprogram will fromhis or her original responsibilities," Headrick addea. "Taking into consideration the time and effort it would take me take; if continually successful, should be institutionalized. and there's no guarantee that I could to arrange for such a position Increased Minority Faculty I think my efforts would be better spent on other means of The authors of the proposal regarded increased minority faculty as accomplishing the same end," Headrick concluded. At the end of the meeting, Headrick was asked whether more being important to increased minority enrollment, and noted that a sincere effort must be made in this area: "We are not proposing that minority students wouldbe accepted in the next few years. He replied, the University hire one minority person to replace Professor Holley in "I'll be candid the immediate future isn't bright. There's not much the event that he does leave the faculty. What we are proposing is that being done at this point. However, if I am successful in obtaining a genuine effort be made to increase the numbers of minority faculty additional funding, and if we work to make the law school appear to as opposed to an effort to maintain the present level," the proposal be a more attractive place for minority students, I think we can increase enrollment,"he added. states. After the meeting, several students expressed dissatisfaction with At the meeting, Dean Headrick responded that he had extended an offer to a minority professor for next fall, and also said he "thought the Dean's responses to the proposal. Nancy McCulley, the chief at Holley Professor would remain author of the proposal, satd, "We hoped that Dean Headrick would be that chances were, good that more definite in his commitment towards implementing our >~7SUNYAB next year." recommendations. The Dean sets the trend for the rest of the law school. If he strongly believes that UB should make a strong effort to Administrative Staff Person for Minority Affairs that full-time attract qualified minority students, he has powers to lead such an a The final recommendation in the proposal was student minority be hired coordinate effort, and the rest of the school will follow. I don't feel that we got a to administrative staff person of such a strong commitment out of this meeting," she added. affairs at the law school. The proposal notes that the duties Mark Pearce, president of BALSA, also expressed some person would be to coordinate and, in some instances, directly provide many of the supportive services that the authors regard as essential in disappointment. "I feel that the creation of a full-time staff position for a minority affairs coordinator is crucial. Dean Headrick seemed to upgrading minority student life. According to the proposal, the job duties of the staff person feel that such a person would have to be trained in administrative would include: 1) recruiting of, minority students; 2) serving as an matters, psychological counseling and tutorial skills. We just want whois committed to increased minority enrollment. As far as advocate for minority students; 3) serving as a liaison between someone 4) soliciting the rest of the recommendations, we'll have to see what the Dean's minority students and the faculty and administration; says/ Pearce noted.' minority 5)coordinating response tutorial written students; sources of financial aid for 7) advising on A copy of the proposal fs available in the BALSA office, services as needed; 6) counseling minority students;and fifth floor, O'Brian Hall. placement problems after graduation. - the authors point out, "this appears to be our only hope of increasing minority enrollment in view of the fact that there is no organjzec recruitment effort in existence nor any special attempts to attract th( 'more qualified' minority student." The authors further proposed that the probability of partjcipatini in thisassistance program be a factor in the admissions process. They noted that such a program, as well as an administration-run tutorial program after the first semester of law school for students needing additional assistance, is essential "if significant numbers of accepted and enrolled minority students are to successfully complete thei1 course of study so as to defeat the revolving door syndrome whic accosts minority students." * — - - : Students Civil Rights Research Council is accepting applications for Summer internships in the civil rights area. Contact Maria I Mossaides-886-2759 or Ron Eskin 837-9552. a success by Becky Mitchell The,Buffalo Legislation Project held its annual open house Wednesday, MaVch 23. The open house is designed to inform first year students about the purposes and functions of the organization, and to recruit new members for the fall semester. The directors said the members of the class of, 1979 appeared, much more interested in searching out extracurricular experiences and involving themselves in non-classroom programs than students of previous years. According to Project director John Arpey, students were interested in how the projects areaccepted and assigned. Arpey said' that projects are solicited according to student interests. Factors used in accepting projects include clarity, definition and scope of the projects, limitations of staff size and time (usually one semester), and benefit to the source. Students were also interested in whether BLP receives any federal projects. Arpey said the sources for BLP are mostly state legislators and committees, and to a lesser extent, local governments and agencies. j Some students expressed a concern that they had no background or .experience in drafting legislation. Arpey said that experience is obtained "on the project" and that special seminars will be offered, when needed. In addition, 'many projects do not involve legislative drafting. Those first year students who tWnk that they might, be interested in the BLP, are invited to visit the office in Room 724 any day during posted office hours, to talk with present members and obtain an application. The deadline for all , �March 31,1977 OPINION 7 Paralegals provide much-needed assistance , by Sharon Osgood Perhaps one of the fastest-growing professions is that of the Paralegal. And as public legal assistance offices and private law firms increasingly recognize the value of the paraprofessional, the Paralegals themselves have begun to seek definitions of their role and establishment of standards for their profession. Mary Ann Murphy, paralegal for the Buffalo law firm of Moot, Sprague, is an advocate of high standards of training before a person is recognized as a member of the profession. Towards this end, Murphy explained recently, the Paralegal Association of Western New York was recently incorporated. To be a member, an applicant must be a workingparalegal who' is either a college graduate, a graduate of a junior college or the equivalent thereof, with specific Paralegal training, or have three years of working experience as a Paralegal. Murphy would welcome Bar Association review of Paralegal standards, she said, but fears that they might not be strict enough in setting standards. Murphy is a graduate of the Paralegal Institute in Philadelphia, which provides four months of intensive training in -particular areas of law such as Real Estate, Estates and Trusts, Tax and Litigation. A graduate, she specializes in Real Estate, and is now responsible for preparing land transaction documents including deeds, affidavits and closing statements. Sinceher firm is counsel for Erie County Savings Bank, she also is involved in many mortgage closings. All of her work is reviewed by one of the 24 attorneys "working in the firm, she said. A good definition of a Paralegal, according to Murphy, is that,used by the Paralegal Institute: "A Paralegal performs tasks"Which havev'traditionally been done by attorneys, bul don't require bar admission to perform.** In the three years she has worked for Moot, Sprague and the two years she has worked in a private law firm in Chicago, she encountered few problems being accepted by the people with whom she works, once attorneys realized her capabilities. Apparently, setting standards for the Paralegal profession is not a priority concern to the Erie County Bar Association. Though a Law Office Management and Paralegal Personnel Committee has been established, chairman E.W. Dan Stevens advised that the Committee isn't looking at Paralegal standards and has no plans to do that in the immediate future. The Committee's major task this yearhas been to organize a seminar on office management, which will endorse the use of Paralegals to increase economic efficiency of offices. Stevens feels that the consensus of opinion among; the attorneys with whom he had discussed paralegals was that it is best to leave the setting of criteria to individual offices. Another Erie County Bar Association Committee, the Administrative Agency Committee, is basically concerned about lay people other than Paralegals who are permitted to appear at Administrative hearings. Solon Stone, Committee chairman, noted that since Paralegals generally workunder the supervision of an attorney, they are not a source of concern to thatCommittee. An enthusiastic advocate of the use of paralegals is attorney Larry Faulkner, Director of, the Legal Counselling for the Elderly Office for Erie County. Budget concerns are a major reason for utilizing Paralegals, Faulkner noted recently. HK busy office is staffed by three attorneys and eight Paralegals who are continuously involved with heavy caseloads. They could never afford to hire eleven attorneys, Mr. Faulkner observes. An unusual feature of Faulkner's office is the use of "seniorparalegals."*Five of the paralegals are older persons who, Mr. ' . Faulkner explained, are sensitive and attentive to the needs of their clients. They understand the aging process. The paralegals are well-trained in the Office's own training programs, and consequently the paralegals are able to do initial interviewing, identify the legal problem, and develop and implement a plan to deal with the problem, including appearing at administrative hearings. The paralegals are all closely supervised by attorneys on a case by case basis with a weekly conference to review alf their cases. Faulkner feels that some members of the legal profession feel threatened by the recognition that others besides lawyers can perform jobs traditionally done by lawyers, failing to see that the use of paralegals is economically sound and increases accessibility to the legal system. One of the senior paralegals, Harold Southard, expressed enthusiasm for his work. He had operated a dry cleaning business for many years, but always felt a desire to be more involved with helping people, Southard said. He learned of the paralegal position through the Erie County Office for the Aging Job Placement Service. At age 65, Southard began working for the Legal Counselling for the Elderly Office in August, 1976. He underwent a week of full-time training conducted by two experienced paralegals, followedby weekly in-service training sessions which still continue. Southard has not found clients to be reluctant to deal with him rather thanwith an attorney once he explains his role, he said. One of the experiencedparalegals who participated in training Southard is Ann Pfeiffevrfow a first year law student at ÜB. Pfeiffer had worked a year at the Legal Counselling for the Elderly Office prior to starting law school! She had sought the position in a law office to see if she would really like law work. She had no previous paralegal experience, but the office provided her on-the-job training by the staff attorneys and one other experienced , , hearings. All cases are under the The only paralegal interviewed who supervision of the staff attorneys. did not work under direct attorney Caulfield had no complaints regarding supervision was Jerry Paun, a first year law his acceptance by the other staff attorneys. student Paun was a VISTA paralegal There are no clear lines drawn between the assigned to the Ibero-American Action paralegals and attorneys, and they League in Rochester from January 1973 maintain very cooperative relationships. through February 1975. He got referrals Clients also accept him well once he from the League to appear at arraignments explains his role, Caulfield said. with clients without legal counsel. He Shaun Ryan, a third year law student, would refer his clients to the Monroe noted that she worked as a paralegal for County Pre-Trial Release Program or assist Moot, Sprague for a yeaf before starting in having the client released on his own law school, she had less client contact than recognizance. do paralegals in legal assistance offices. She fc Paun then assisted his client to secure worked primarily with real estate counsel, either a private attorney or a transactions, making sure that all the Public Defender. Often his involvement did requirements were met for a proper not end there, but continued with Mr. closing. Her job also involved title research. Paun's assisting with legal research, Ryan was trained on the job by investigation and preparation of motions. Murphy. She,' like Pfeiffer, had been Paun sought the work as a paralegal contemplating applying to law school but because of his interest in attending law wanted to confirm her interest first by school as well as his interest in poor working in a legal setting. Ryan thinks the people. He did not feel rea4y to go to law practical experience of working as a school yet, at the time, so used the job to paralegal is a benefit to a law student. gain experience. paralegal. Pfeiffer described one major part of her work, in addition to the tasksoutlined by Faulkner, as including informal negotiations with banks, businessmen, landlords, hospitals and public service agencies. Many of the people who come to the office have primarily social problems which can be easily handled by the paralegal, sparing the attorney's time for specific legal tasks such as court appearances. She sees the role of a paralegal as expanding the breadth of servicesof a law office. However, Pfeiffer observed, there is not much room for advancement. It tends to be a job that is a stepping stone to something else. Poor wages are an additional handicap to the profession. Murphy disagreed, noting that she enjoys the opportunity to specialize and the freedom from certain tedious tasks, like legal research, which lawyers must perform. Another paralegal also mentioned poor salary as a discouraging factor in making a career of being a paralegal. Bruce Caulfield has been working with Neighborhood Legal Services, Inc., since March, 1976. The office at 1490 Jefferson Avenue has two other paralegals. Caulfield was previously a Social Worker with a B.A. in Political Science. He enjoys his job because of the satisfaction he gets from seeing resolution of a client's problem, he said. Though he has considered seeking admission to law school, he said he would prefer to get perhaps a better paralegal position in some sort of Civil Service office. As a paralegal for Nieghborhood Legal Services, Caulfield deals mainly with poverty law problems, with Social Security, and the Department of Social Services. He engages in informal advocacy as well as appearing at administrative On March 18, 1977, a citizen's forum was held before state legislators from Erie County. The most recent concern expressed by individualsand groups at the forum was the proposed welfare cuts being considered by the State Legislature Frances Engell, pictured above, represented the coalition on housing welfare. She spoke on the coalition's fear that cuts in maximum shelter allowance and aid to dependent children would put the burden of state fiscal cuts on those least able to bear them. The AC L U pre sen ted other issues, including the decriminalizatiorti of marijuana to cut prosecution costs, and the banningof polygraph testing in the private employment sector. Opinion Elections April 1 �OPINION 8 (left to right) ABA Delegate Kathy Drumm Treasurer Jeff Ucker Vice President Aviva Meridian Secretary Andy Cosentino SBA Election Results President Tom Murphy (Back row, left to right) Vicki Edwards Mike Buskus Terri Benson David Alexander Alice Mann (front row) Brenda Bodenstein Marcia Davick March 31,1977 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-03-31 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/31/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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New York 14260 Volume 17, Number 11 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law April 28,1977 Law Review selects new editors California judge to address law graduates A California Juvenile Court Judge who, by the age of twenty, had served time in a reformatory, jail, brig, and a padded cell for incorrigibles, wi|/ be the guest speaker at the 88th UB Law School Commencement exercises at 3:00 p.m. on Saturday, May 28, at Artpark in Lewiston. Joseph N. Sorrentino has been associated with one of the most prestigious law firms in Los Angeles, and was recently featured on the NBC television program, 60 Minutes. Sorrentino was born and raised in Brooklyn, New York. The son of a retired street-sweeper, his boyhood was marked by clashes with authorities. He flunked out of high school four times, went through thirty jobs, was booted out of the Marines in a pink suit, and finally endedup a golden glover in professional boxing. He was called a "title threat" by the New York Daily News. Suddenly Sorrentino's seemingly pre-ordained bad end received a jolt. He enrolled in Brooklyn's Erasmus Hall night school and graduated with the highest average in the school's history. Later, as a student at the University of California, Jie became the-student body president and graduated magna cum laude. He then reenlisted in the Marines and entered Harvard Law. School after an honorable discharge. He became Valedictorian of Harvard Law class of 1967." Sorrentino's valedictory address was reported around the world Selections for the new Editorial Board of (he Law Review have been announced. The new editors, pictured above, include: and termed the most moving graduation address of the year by Time Front row Neil Cartusciello, Russell Brown, David Reitz, David Ascher; Back row Lou Faber, Tom Carey, Phil Clarkson, Steve Gerber, Kevin Major and George Williams. Also chosen, but not pictured, were Ken Gartner, Sandy magazine in a feature article. Since graduation from Harvard, Sorrent;no attended Oxford, served with the US Jobs Corps and the O'Laughlin, Phil Szabla, Colleen Butler, JohnCostetlo and Jim Mucklewee. US Department of Justice, and taught law at UCLA. He has written his autobiography, Up From Never, as well as two other best-selling books. - Increased SUSTA funding projected by Connie Farley Law students eligible for the State University Supplemental Tuition Award (SUSTA) will probably get a total of $900 toward their spring semester tuition instead of the $720 originally credited against their bills, according to Registrar Charles Wallin. The additional $180 will be credited to the accounts of students who have not yet paid their spring tuition, but students who have already paid in full must apply to the office of student accounts for a refund, William Calhoun, director, told Opinion. Financial aid officials administering the program had been uncertain until last week about the exact'amount each student would get from the limited funds available. Delays in processing Tuition Assistance Program (TAP) applications in Albany were the source of the uncertainty, since only law students eligible for maximum TAP awards of $300 per semester receive the additional SUSTA funds. Until the financial aid office had the precise number of eligible students, it could not divide up the $237,000 in available funds, Joseph Stitlweli, Director of Financial Aid, explained, adding that most TAP applications have now been processed. The $900 figure is subject to final approval by the University Financial Aid Committee, which at press time, was scheduled to meet April 27. But Wallin said he anticipated no objections to the new figure. Refund applications may be made in person at the office of by mail, according to Calhoun. Refund request forms are available at the office but are not necessary for mail requests, he said. Refunds will not be made for at least six weeks, he added. ft also appears that SUSTA for law students will continue at least through the next school year. The state legislatureincluded $237,000 for SUSTA in the 1977-78 state budget approved April 1. Although the funds are not specifically earmarked for law students as they were last year, financial aid officials say this was apparently an oversight that can be corrected with little difficulty in the legislature's supplemental budgetpresently under consideration. Financial aid officials are unsure about what criteria will be used in distributing future SUSTA allocations, according to Stillwell. They are reluctant to continue to award it on the basis of TAP eligibility, because, that emails waiting at lean until September, when TAP awards normally come through, and in the event of delays such as this year's, 'he wait is much longer. Since it is riot known at'this timehow many students will qualify for 1977-78 SUSTA, no estimate can be made as to the amount of aid each will receive, Stillwell said. student' accounts or - Dean proposes long-term changes Buskusand^ The option* presented in the Louise Tarantino plan were broken down into The future of SUNYAB Law Garden Variety Models, which School includes its development envisioned retention of the from a "garden variety" traditional law school program, institution to a school capable of with heavy emphasis on large class "turning out lawyers better courses and substantial reliance on equipped to deal with lawyer's i the case-book type of doctrinal work," according to a proposal analysis, and the Buffalo Models recently formulated by Dean which place greater emphasis on Thomas E. Headrick. clinical programs and seminars and are designed to integrate the Dean Headrick's proposed traditional content of large "mission statement" was courses with smaller, more undertaken in compliance with a balanced faculty/student ratio request from Ronald F. Bunn, situations resulting in a reasgnable Vice President for Academic balance of curriculum. In support of the Buffalo Affairs, that SUNYAB deans and provosts develop a future Model, which he favors, Dean statement for their respective Headrick outlined specific areas in which the plan should enable schools. Before adoption of a final SUNYABLaw School "to become a mission plan, Dean Headrick distinctiveand clearly better law presented an interim proposal to school than any that we have the law faculty for discussion and known," Headricksaid. Among the major areas treated decision. in the Buffalo Model are: adjustment of the faculty salary Addressing the alternatives available under his proposal, Dean structure to make Buffalo more Headrick informed the faculty of competitive with major law his belief that "the time has come schools and to alleviate the high for a clear, consciouschoice:either turnover among the present this law school is going to lead a faculty quiet revolution in legal education, or it is going to put a refined tenure process to away its rhetoric and tend its afford job security to established Western New York garden in professors relative peace and with some a law school commitment to contentment." augment the library collection, "Tentative, partial, and including restoration of cancelled incomplete attempts only bring publications and new acquisitions frustrating and diverting internal to complete gaps in the collection tensions and lead to costly and support for recruiting disruptive losses of faculty and (incorporating minority recruiting recurrent disappointment," Dean policies) and placement office Headrick added. functions by Mike - '' '— — — - - better integration of faculty research efforts renewed support for interdisciplinary programs within the University, including participation of non-J.D. graduate and undergraduate students in law school classes greater emphasis on clinical programs, seminars andi related co vrse offerings (counsel ling, arbitration, negotiation instead of - litigation) in -classreduction courses. emphasis of large According to Dean Headrick, adoption of these points would result in "a good mix of traditional and innovative approaches that would mark off our school and our curriculum frbm the rest of the law school world." After presentation of the proposal to the faculty, discussion and debate centered on various including academic issues freedom. In response to this faculty concern, Dean Headrick emphasized that implementation of the plan would depend upon "voluntary participation by groupsof faculty members."Dean Headrick added that "toleration of diverse styles and methods of teaching would be a hallmark of the Buffalo Plan." Once the final draft of the mission statement is complete, Dean Headrick will submit it to Vice Presidnet Bunn for approval and co-ordination in the overall plan for the University. * �April 28,1977 OPINION 2 Letters to the editors I Editorial Self Evaluation Committee seeks feedback whatever recommendations may _lurn oui lo be appropriate. In the The latest issue of Opinion 'meantime, Ihe Commillccis eager noted that the Faculty has lo be informed of any concern established a Self-Evaluation among-lhc sludcnls or staff thai Committee to look Into a variety events or procedures In of matters relating to connection with the School's discrimination on grounds of sex activities and program might be or race, the procedures in the Law seen as discriminatory in purpose School for dealing with such or effect. Any sludenl or slaff mailers, and the possible need for member aware of such a condition affirmative action to correct the" may consult with any member of results of conditions arising out of the Committee, whose names pasi actions, whether or not listed below. At this point, the deliberately discriminatory. The Committee is not prepared to take' Committee membership has now any particular role in individual been completed, and Ihe instances, but, as indicated, it is Committee is in the process of anxious to get some sense of the examining current policies and range of problems that might exist practices with a view lo making in order to consider appropriate To the Editors: New Opinions To begin our on a non-controversial note, we decided lo sidestep all those pressing issues like stealing from the Library, cheating, and the survival of the Law School. Therefore, we would like to express our gratitude and thanks to Connie, -Tanis and Louise for their Opinions. We hope that Opinion can continue to be a vocal and effective advocate for student concerns. In order to do this we need your help and interest. If you have any suggestions or desire to help, please stop by the Opinion office. Enjoy your exams, and perhaps, your summer too! reign John and Kirn - are- There's more to law school than books by Dean Silvers Each generation must cope with its own history, and the most important and difficult aspect of this coping, is in the coming lo terms with traumatic events. For my generation, the memories of Nixon and company linger on all too fresh in our minds. Perhaps the idea of becoming a lawyer and being able, to work directly in the area which produced such ignomy in our nation's history really had an effect upon me;1for since the first day I set fool into the promised land of |ohn Lord O'Brian Hall, all my latent desires to affect social change in this world manifested themselves, and I decided to become involved in the societal and law school "process," Looking back upon the year, I cannot say any great leaps or bounds were accomplished because of me in making the law school "a better place to live in." But I did learn lhal ihis "cause" or outlet was probably more valuable to me lhan I was to the "cause." ' Vol. 17, No. 11 Law school can be a human-vacuum cleaner, and maintaining a perspective and objective distance, becomes an essential factor In maintaining one's sanity. I found these activities a salvation lo myself. Many sludcnls reacted the way I did and saw-the need roi-mcaningbeyond Gilbert's, black coffee, and cigarette -butts. Yet regrettably few became, involved in law school and/or community activities. Working within these committees and law school activities was often bolh a painful and exhilarating experience. Yet it was always rewarding, for il was a constant learning process. For example, after all my years of "wisdom," I first learned thai a liberated female law student was more than just someone who smoked Virginia Slims. I firmly believe there is a revolution going on in our society today. Two lo three years ago women composed approximately 10% of the law school populace, and now their numbers reach closer to 50%. The UpiMlOn Editors in Chief April 28,1977 Kirn Hunter John Simson Rob Gandella, Dean Silvers Becky Mitchell Editors '.'.Ted Firelog A.D. Scooncs Business Manager Pholo Editor STAFF: Jan Barbei, Kaslle Brill, Mike Buskus, Andrew Coscntino, Steve Erranie, Connie Farley, Jell Gianat, )can Gra/iani, |oel Hockelt, Susan Honan, Nancy Mulloy, David Munro, John Munro, Sliaron Osnood, John Piivitcra, Sheryl Rcidi, Tani* Reid, Patrick Stcllaio, Bob Selcov, Louise Taraniino. Photography: Frank Carroll, A.D. Scooncs Contributors; Pcicr Ackerman, Bryan Biockway, Vikki Edwards, Ron Eskin, Beverly (acklin, Eric Turner. Copyright © 1975,0pin10n, SBA. Any republication of material contained tterln Is strictly prohibited without the expressed written consent of the Editor-in-Chief. weeks, excepl for vacations, during the OPINION is published every two academic year. It is the student newspaper of the State University of New Amherst York at Buffalo School of Law, John Lord O'Brain Hall, SUNYABpaper The views expressed in this are Campus Buffalo,"New York 14260; of Staff of OPINION. OPINION not necessarily those of the Editorial Board Postage entered at Buffalo. New is a non-profit organization. Third Class Is determined collectively-by the Editorial Editorial policy of OPINION Board OPINION is funded by SBA from Student Law Fees. <___ if ii should appear that the are not existing mechanisms adequate. J.D. Hyman Chairperson, Self-Evaluation Committee Faculty Members: RichardS. Bell, Grace G. Blumberg Dannye Hollcy 'Student Members: Randy M. Breidbarl Lynn S. Edclman ,Laraine M. Kelley Paula Dladla Jeanne Miller Suggestions for student life On point - procedures for dealing with ihem, "?_ _" rumblings of-such a change and consequent awareness have just begun to surface in our lives. It was exciting for me both as a law sludenl .and a male lo experience and encounter this movement in law school. I would be the firsl to admit that at limes I find il 'diffieuU-io.reJafe lo the personal and political reactions "of the movement; but il is real, it is dedicated,and it is warranted. There is a committee in this school which was formed to deal with' specifically Title IX Discrimination based problems upon sexism and/or racism. The committee deals with complaints by sludents who feel thai they have been discriminated against due lo sex or race. Ii is basically in an embryonic stage, and is a highly malleable and alive group. It is one commillcc in which Students really do have a say in wh.it goes on. Presently, they are dealing withacharges of sexism in the Trial Technique course. In this commillcc, the issues arc not textbookissues., hut real ones. The committee cannot function effectively without student support, bolh in notifying of possible infractions, and in helping the commillcc lo formulate policy. Il seems highly ironic that such a group cannot and does not gel much support and contribution from Ihe law school. I am tired of hearing sludenls' complaints, and gripes starl and end in the hallways. As the old saying goes, "put up or shut up." In conclusion, I do not want lo sound like Pollyanna reincarnated as a law student, but I do feel that there is a wealth of experience and meaning to be found within our experience here. Such activities have made this year more human and meaningful lo me. Although it was time-consuming, frustrating, and burdensome, and al times I fell like giving il up, in retrospect I do not regret it one iota. And lot all of you first year siudenls(and second year, of course), who will be having more lime next year, all I can say is lhal there is a lot that needs your help in this law school -community. Think about il. To the Editors: The location of the law school and the living arrangements of most of ils members, make it difficult lo create a rich social life around the school. I would like'to suggest (humbly) some possibilities, primarily for the SBA, whose impact on student life does not seem overly great. At schools I have recently visited, student organizations have established regular events other than occasional bashes. Al one school, for instance, an hour, or so is set aside each Friday for some event, varying from the enlightening to the frivolous. Programs included ."dramatic"' readings, musical performancesby talented students and faculty, films and demonstrations by' various martial ails groups. More intellectual programs, perhaps in other settings, are possible discussionsof community and governmental problems by involved individuals? debates, and research findings of student groups and faculty members. One examplemight be talks by lawyers and parties involved in the Buffalo school desegregation case; another could involve attempts to conform local industries to air and water pollution standards. Organizations working on judicial ethics and speedy trial are other possibilities. The problems of professional sports are also of general interest. These suggestions, I am certain, only touch upon the possibilities open to fertile imaginations. Planned events,, however, seem more effective than calls to otherwise imaginary student "spirit.", j , c,qq ■i The above suggestions are presented in the spirit of concern. They are not intended to criticize the past efforts, or to suggest that the faculty has no responsibilities in this area. James B. Atleson Professor ofLaw Law Review unfair infinite wisdom, have chosen to do. It seems basically fair that all Those masters of the art on cases should have been within the Law Review made some serious six first-year required subject mistakes pertaining to this year's areas or none should have been. To the Editors: competition. Granted some cases ■ must Furthermore, they should have necessarily be more difficult lhan had the insight to realize that with others, even the editors of Law a library in the condition that Review cannot be expected lo ours is in, and with almost the match cases perfectly. However, entire first year class competing, lhe great blunder was choosing that there would be a run on the some cases in which first year students have a background (Torts and Contracts) and others where have no knowledge most (Municipal Law and Criminal reporters. I know someone who lost a full day until his case turned up and I for one had to have my case changed as no reporters could be found (including faculty Procedure). library copies) and the taw review There is no doubt that it is could not find a parallel cite. Il inherently more difficult 'to seems to me that the least they perceive trends in a subject where could have done was to xerox a one has no knowledge than in copy of each case to avoid this another where one has studied for problem. six months. Ycl this is what the editors of theLaw Review in their Jeffrey Licker Library consideration urged To the Editors; As the end of the semester approaches, and more law sludents work in Ihe law library preparing lor finals and papers, it becomes more and more of a hassle lor everyone using Ihe library's facilities. I Would like lo express my conclcrn about the lack of Ihoughllulhcss on Ihe pari Ol many who refuse lo rclurn books lo their proper places on the shelves, who hold long, loud conversations in study areas, and who hog reserve materials for outrageous amounts of lime. In any evcl, a little more cooperation and consideration would be appreciated by all. I hope everyone will join me in trying to be more thoughtful. ' Becky Mitchell �April 28,1977 3 OPINION SBA action Does Roy Cohn deserve an apology? by Robert Selcov Following the appearance of Roy Cohh before the Ethics course offered by Assistant Dean for Placement Jay Carlisle on March 31, , 1977, the Student Bar Association sent an undated letter to Cohn, over the signature of Aviva S. Meridian, VicePresident, apologizing for the conduct of some members of the audience. The text of the letter is as follows: "The reception you recently received at the State University of New York at Buffalo was neither cordial nor professional. I deeply regret any distress this may,have catlsed you. I hope you will be kind enough not to judge the professional potential of the Buffalo law students by thebehavior of an unrepresentative minority. I extend to you my sincerest apologies. Thank you for your timeand consideration." Alice Mann, Third Year Director, stated that when she arrived at the April 4 meeting of the SBA, the letter was mentioned. She asked that the letter be discussed before a decision was made on whether it should be sent. She was told that it would be discussed later on in the meeting. She was surprised, therefore, when, a couple of days later, she found a copy of the letter in her mailbox. Mann would'like to send another letter to Cohn explaining more fully the position of some members of the SBA on the conduct at Cohn'sappearance. SBA President Tom Murphy confirms this story. Prior to his installation as president at the April 4 meeting, Meridian suggested that letter be sent to Cohn. It was felt that the audience's behavior a reflected unfavorably upon the student body and that the effects of any adverse impression should be mitigated. There was no discussion of the proposals at that time. While the minutes of the meeting indicate that a vote was taken, thereis a consensus among the officers that thisis incorrect. Roy Cohn is a controversial figure whose appearance at the law school could be expected to produce a reaction. When he was a member of the United States Attorney's staff, he participated in the government's prosecution of Julius and Ethel Roscnburg. He was chief counsel to Senator Joseph McCarthy in the early 1950's and received nation-wide exposure as a result of the televised Army-McCarthy hearings. He has come back into the national spotlight as a result of the recently televised dramatization of Senator McCarthy's life entitled "Tail Gunner Joe." Cohn stated that Vie is writing a book in response to the program, which should be published shortly. His appearance in .the Ethics course did elicit a hostile response from a portion of the audience. He spoke about the overzealous prosecutor, particularly referring to his own experience as a defendant to criminal charges brought by the federal government. Three times in the past 13 years Cohn has been indicted for criminal offenses. He was acquitted of all three charges. Cohn feels'these prosecutions were motivated by a desire to "get Cohn" on the part of former Attorney General Robert Kennedy and former United States Attorney 'Robert Morgenthau. The crowd hostility, while apparent from Cohn's introduction, was especially prominent during the question and answer session following Cohn's main presentation. Some of the questions asked were strongly antagonistic. The majority dealt with Cohn's role in the Rosenberg trial and" the McCarthy hearings. Some merely raised questions of political orientation. During this period the crowd indicated its hostility toward Cohn and his political beliefs by heckling and hissing. A portion of those participating in this activity were not law students. Cohn handled the hecklers in a professional manner and appeared to be used to this kind of treatment. At no point was he unable to speak because of the actions of the audience. The heckling merely disrupted the orderly conduct of the class. Seton Hall wins tax competition by Becky Mitchell The Moot Courl Room, Friday and Saturday was the scene of the Albert R. Mugel Moot court Tax Competition. The event, open to the public, is sponsored each year by the Faculty of Law and Jurisprudence at Buffalo Moot Court Board. Eighteen teams from 15 law schools argued a tax problem involving, among other issues, the tax consequences of embezzled funds. The arguments were presented before a panel of attorneys, judges, and law school professorsplaying the part of the Supreme Court of the United States. The panel included judge Louis Spcctor.of the US Court of Claims, Professor Albert Mugel, Stephen Miller of the Regional IRS Counsel's Office, and Federal District Court Judge John . Elfvin. The teams had prepared and submitted written bricls prior to the well as weekend's oral arguments. They were judged on those briefs asFriday. their oral presentations. Two preliminary rounds were held schools Saturday concluded the match with semi-finals and finals. Law placing in the semi-final rounds were Seton Hall, Wake Forest, lax American University and Brooklyn. The final winners of the entire Selon Hall, first place and Wake Forest, second competition place. SUNYAB Law School finished slh in the competition. were1 Workshopis focus on women and the law by Vikki Edwards On Thursday, March 24, 1977, the Eighth National Conference of Women and the Law was held in Madison, Wisconsin, with the University of Wisconsin Law School as the host. Although it appeared that a good number of participants were from the surrounding areas, all parts of the country were represented. In addition, not only were law students, paralegals, and lawyers represented, but other individuals working with, and in the interest of women, such as prison and social workers, were present. For the first time since its inception, the Conference offered special sections concerning the rights of lesbian and third world women. The workshops offered covered a wide range of subjects from problems in, sex discrimination litigation to battered women. Most of the material presented in the workshops is usually covered in basic family law, sociology and sex discrimination courses. However, it was interesting to have interaction between women with different experiences, backgrounds and perspectives. In addition, it was encouraging to see ihe number of women becoming involved in the legal rights of women. The opening address was given by Henna Kay Hill, a law professor, a national leader in the fieldof divorce reform, and author of a book on sex discrimination. Hill also conducted a workshop on no-fault, divorce in which she pointed out that "protection for women from the adverse effects of divorce law can be obtained by resort to women attorneys and judges." A discussion of the no-fault laws in Florida and the proposed sexually neutral divorce laws in Wisconsin and the laws and experiences in other states led to the conclusion that properly is probably distributed more equitably under a no-fault system. Some of the emerging concepts, such as joint child custody, were also discussed. Other workshops attended included prostitution, sex discrimination in elementary schools, sterilization abuse,* rape/when women fight back, and women in prison. One of the most interesting workshops was entitled "Women in Transition," because of a book by the same name authored by the panelist, Jennifer Fleming. A description of the book indicated that it is intended as a tool for women who are making a transition in their lives, such as divorce, and it is partially based on the experiences encountered by the authorand others in working with a Philadelphia clinic to help women in transition. ' Here at the western new yorker - We recieved ihc following letter from a frienda! ihc Centre Street. It had been raining all day and wet newspapers, candy wrappers, and probably old and Law School: ''Leaving school for Easter break came just in Great Writs made a thick sludge to cover the time, and I shol out of Buffalo on my last bit of probably virgin floor underneath. It reminded me of energy. Every day's race against lime who'll die my Aunt Lillie's apartment on the Grand Concourse. first, the day or me was exacerbated by last minute She kepi newspapers on the rug so it wouldn't get assignments, but all that passed and I m.idc 11 lo the dirty; I never did see the rug. I got the feeling 100 airport, "the radio program during the car ride, itself Centre Street was being kept for someone like a a symbol of my passage out of law, was interviews stewardess in rollers on the 7 am Buffalo to New with the parents of "Moonies" who had been York flight who is getting ready for a real flight paroled lo their parents after the First Amendment especially because that can't be all thereis. wasoverruled.Law really was behind me then. "Despite my excitement about the much needed "I went up to the second floor and sal through a and well earned vacation, I spent a day in Federal couple of Brcchlian run-lhroughs on bail reduction District Court in Brooklyn al the Croatian trial. hearings: 'My client has sufficient roots in the Bomb jokes, as one would expect, are not well community for X;1 'Your honor, the defendantdoes recieved, but still de rigeur; ditto phony Cuban not have sufficient li^s to the community to justify thai amount.' How the defense can make its accents. / "I came in mid-scene, though I think it was only arguments when it comes out that the defendant has the first act. The sets were expensive but simple, the jumped bail four times is beyond me, but no one costumes-traditional.The US Attorney and his parly seems to mind. I guess he doeshave sufficient ties to of three were greasy, smug, short, and wearing dark the community if he keeps coming back to it like suits; The defense, all nicely rumpled crumpled chic IhaI. "I went down to the arraignment part for a were in lans and tweeds. They seemed, intense, conspiratorial, honest, and very, very, sexy. The while, apparently, the real meat and potatoes of Ihc defendants were Eastern European student, and at building. No gnc overdressed for the occasion. Cops least physically, well-cast. They did not, however, arc all overweight and wearing their badges like seem to know their parts very well, or perhaps were medals. The parents and friends arc depressed, really in another play. They seemed lo be wailing probably because lhal seems like an appropriate around for their scenes lo come up and were extras response. The men in the elevator operator suits arc the only ones .fully aware of procedure, and they in this one. "The jury was bored, but seemed to be acting answer for ihc court: Your honor, we would like a but like a jury. I tried pretending 1 was a juror psychiatric examination in lime for the hearing in couldn't. There must be an orientation. The skctcher three days. Sony, Ihc uniforms say, but you can't from Channel 4 was there, pastels and bifocals; and have a R blah dc blah examination in less than two an audience representing a cross-section of the' weeks. Thank you, your honor. Croatiancommunity. "The prostitutes were getting $250. licenses that "The witness was over-rehearsed.Cassavetes was day, but I don't know how long they're good for. clearly not directing this picture, but who was? h Their pimps arc wailing outside around the wasn't King Vidor, too light; not Frank Borzage, nol information booth. enough apple pie. It couldn't be Fellini, not real "A woman who had shoi herself in the leg with enough. It might have been Altman, trying a rifle limped in and limped oul, having ihc charge of desperately lo re-create complex and uncomfortable possession of a deadly weapon dismissed because it realities which aren't real. Nothing really happened, was her boyfriend'srifle, mil hers (oh good). "A matched set of Legal Aid attorney and ADA there arc only impressions, scenes from old movies. Everyone there was on, trying to recreate the clip arc dispatched, do .t few cases together, and from the film which suited them. A good lime was disappear. The judge called time out, probably went, had by all. lo pee, and I left." "For a contrast, I had a look at popular kullur -Sheryl Reich with a visit lo Manhattan Criminal Courl al 100 - - - - - �4 April 28,1977 OPINION Chuck Culhane Gary McGivern Murderers or victims ? Life on death row by John Simson and Bryan Brockway A deputy sheriff and prisoner died in a shoot-out on the New York State Thruway on September 13, 1968. Two prisoners, Gary McGivern and Chuck Culhane, were wounded during the incidentand later charged with felony murder based upon their alleged facilitation of the escape attempt by Robert Bowerman, the dead inmate. Conflicting Stories Both claimed that Bowerman acled independently and without their knowledge. The incident began with Chuck's belief that he had been denied the benefit of a plea bargain made in Westchester County resulting in a sentence two "years longer than could have lawfully been imposed. McGivern had been present at the plea session, so he accompanied Culhane to Westchester. Bowerman was the jailhouse lawyer'whose wrils Chuck copied in protesting his continued imprisonment. (It is unclear why Bowerman went along, or al whose request.) Joseph Singer and William Fitzgerald were deputy sheriffs sent lo transport the prisoners from Auburn prison lo White Plains. Singer's personal car was used. It had none of the conventional police car safety features, e.g., safety screen. Several limes on the trip Bowerman complained of the need lo urinate. On his third slop the incident took place. The defendants' story is thai during these stops, Boweiman cut through his security belt which held his handcuffs to his waist. Having completed this at ihe third slop he attacked bolh guards, seizing Singer's gun. Holding the guards at gunpoint he undid Culhane's belt and ordered him to undo McGivern's. Fitzgerald then turned and exchanged shols with Bowerman. Bolh were killed. McGivern and Culhane were seriously injured in the shooting. Singer's version is that as ihe car slowed lo a slop, Culhane reached over Singer's head and choked him, Bowerman doing the same to Fitzgerald on the passenger's side. Then, McGivern look Singer's gun and Fitzgerald pulled his, two or Ihree shots being fired in the car. Singer recovered his gun and Culhane grabbed Fitzgerald's. Singer fired at Culhane. At the first irial Singer said he hit Culhane bul later changed his story when it became clear that he could nol have done so. Singer then took Firzgerald's gun and fired away with both weapons. Three trials so far McGivern and Chuck Culhane have endured three trials thus far. TheTirst ended in a hung jury; the Gary second in ihe death penalty, later overturned by Ihe Court of Appeals; and the third-in a25 year lo life sentence that is now beingattacked in the Appellate Division. The cases reveal much about the system. Perhaps that is why such divergent political thinkers as Allen Ginsberg and Wijliam F. Buckley, Jr. support McGivern and Culhane. It shows how easily cross-examination, that great locomotive of truth, can be derailed by' a judge's rulings precluding inquiry into significant questions. It shows how the use of prior convictions, of Mule probative value, can be used by the prosecutor to obfuscate inconsistencies in his own case. The trials have been relatively simple. Two prisoners testified as to ihcir lack of knowledge or complicity in the escape and the deputy testified ihcy were in fact involved. However, the physical evidence completely destroyed the deputy's account. At the last trial Singer even admitted he deliberately changed his testimony because his earlier version turned out lo be impossible and in conflict with the physical evidence. The defense was precluded from impeaching Singer as lo a possible motive for falsifying his leslfmony. Based upon ihe escape attempt, Singer applied for disability retirement. Stale physicians concluded his "injuries" were psychosomatic. Moreover, examination of Singer immediatelyafter the attempt revealed no marks or bruises on Singer, despite his claims lhal one of the prisoners had choked him wilh handcuffs and lhal he had temporarily lost consciousness due to ihe choking. Despite ill. probalivc value, it was excluded. The Irial judge also precluded introduction of Bowerman's prison and hospital records which recorded his long history of escape attempts and his tendency toward violent confrontations. This corroborated Gary's and Chuck's testimony and tended to exonerate them. There were other significant errors in the course of the trial. The prosecutor was repeatedly allowed to allude lo Ihe fact lhal McGivern did nol testify al Ihe previous trials thereby creating the impression lhal hisslory was recently fabricated. There was also a photograph showing that Bowerman's belt had been cut in such a way that neither Culhane nor McGivern could have assisted. In some ways this case is an extreme one, involving the death of a deputy sheriff. But, in many ways, the case is typical of those argued every day. All Ihe issues were reduced lo a defendant v. cop conflict wilh the jury being asked to believe one or the other. It is a case the system is geared for excluding evidence as lo the cop's credibility as irrelevant, while allowing any and all evidence against the defendant if he/she lakes the stand. William Kunsllcr, who, with Michael Tigar, Henry Rolhblatt and others, is arguing the case on appeal, slates: "Culhane and McGivern don't represent the normal run of cases where it's anonymous names mean nothing and no man gives a damn or cares. For every McGivern and Culhane there are literally hundreds every day who go down ihe drain because there is no community support." Death penalty Gary and Chuckbecame a cause for thosewho favored the abolition of the death penally. Much support was generated, magnified by ihe and Death Row itself was presence of Gary McGivernand Chuck Culhane. The little changes they fought- for:- basic hum.ni -dignities. Their .. snuggles lor Individuality became public: "The physical ... No human contact. Isolation cells. Can'l hold my mother's or my .brother's Why can't I have hand when they come lo visil Why shoelaces? Why can'l I keep books in my cell must I give up my pencil and toothbrush and comb irt a buy 'things at little clolh bag al 9:30 p.m.? Why caii'l we the pi ison commisary like oihei'prisoners? Go lo Church? Security: The Prevention of Suicide Have a typewriter restrictions were tremendous .'. _ _ ... (Chuck) ..." The stale's attempt lo destroy all self on Dcalh Row is clear. In 1971, when Gary and Chuck first entered Death Row, prisoners received almost none of their mail and spent iweniy-ihrcc hours of every day alone in their cells. The prison graveyard has only numbers on lis cement markers. All .illcmpts to maintain identily are systematically destroyed: "Who am I? Public enemy or pocm-wi iling music lover?" (Chuck). One incident Illustrates well life workings of Death Row. After certain restrictions had been lifted, Gary, and Chuck began a garden in ihe prison. From other inmales and guards ihey gathered seeds. The garden became a reflection of Chuck and Gary and ihcir determination. A guard urinated on the garden,destroying il. Punishment or rehabilitation The justifications for incarceration have also been severely tested by the case of McGivern and Culhane. They have spent ten years behind bars: three on Death Row, for an incident in which their guilt was most questionable. The changes ihey have undergone in prison have accounted for widespread community support: William F. Buckley, jr.: "Whal stands out, I think, isa true residual doubi concerning iheir guilt, combined with a near unamimous feeling .about Culhane ahd McGivernlhal Ihey are noi improved, nor is society benefited, nor is society satisfied, by keeping ihcm in jail. Both men are blilhc spirits, genllc by disposition, kind, poetic, and highly talented." James Murphy, Death Row Sergeant: "But after . awhile their determination would win you over. It won me over to where I actually began liking these guys. And I didn't know at the lime whether this was a thing to do. Am I supposed lo like Ihcsc guys?". And specifically as lo Gary: "Olhcr inmales look up lo him. Officers look up lo him Nice guy, active in program affairs, inicUigenirthat's how I would describe him ... he wouldn't be a danger. This is my. personal opinion because I know the man." If you would like more information about Gary and Chuck, you may write to Culhane McGivern Defense League, Box 268, Bcirsvillc, New York 12409. They need great help, since reversal on appeal will probably mean another lri.il. There is some additional information at the Opinion olffev. If ihicreslcd, please come lo Room 623. �April 28.1977 OPINION 5 Wide world of torts by JohnSimson Thefinal tort students working on the complex Writ of landing: everything, so long as it didn't happen in their An infrequently used writ of English Common Law which neighborhood. The new editors of the Opinion have notified me that allowed a vessel to dock in an unfriendly harbor, without This doctrine is quite clear in every facet of American this is my last column. Commencing next year, a new permission due to the doctrine of unsound principles, relations. -' policy will preclude my column from appearing. I believe Civil Rights: Sure; so long as they don't move into my it has something to do with "tasteful journalism" or some By far our most interesting discussion related to this neighborhood; yeah, we should educate more Black other ploy to keep my-fingers idle. In any event, as this is writ and to the American populace's general reaction to lawyers,,and Doctors, but won't it lower the standards of my last column, I have decided to divulge certain the Concorde. The French could not understand the my school? I wouldn't want that to happen." information that I otherwise would have sat upon, until American populace's general reaction to the Concorde. Women's Rights: "Sure, women should be able to work; greater substantiation was possible. The French could not understand the opposition to the except my wife's got to raise my kids." Concorde's landing, particularly in light of theresults they Pornography: "People should be free to do their own Flea Bargaining received in an informal survey conducted over transatlantic thing. But not ; ." tie lines (recently abolished by the French government). I had one other long conversation with thesestudents It seems that the big guys at the Justice Department The results showed that 91 % of all Americans felt that the concerning a particular doctrine they had read about mis judged this year's crop of defendants and ended up Concorde should be allowed to land in this country. Supreme Court decisions. They asked me who passed the with a plea surplus. An attempt was made to send them to However, as eagerly pointed out, 87% of those who Constitutional Mustard? I told them only Burger and I Russia, but the reds were only interested in lobstering stated that they favored the Concorde's landing, opposed Frankfurter. Seriously, Constitutional Mustard is a great legal without a license, not included in the surplus bonanza. The it landing near their home. The French were confused. I department is trying hard to keep this quiet, yet somehow explained that this was an American doctrine as old as our doctrine that all constitutional lawyers relish. Next year: advertise the fact that all these spare pleas are available to Constitution and that Americans in principle favored Constitutional Horse Radish. those interested in dealing. I was informed, "Discreteness is the Key." (Read on Discreetly.) Plan I was to send U.S. attorneys out to various garage by Tanis Reid semester to leave? One year of law school is not really sales in local communities where those known to plea bargain were generally present. This plan did not work, marketable, merely expensive. When I was in high school, I graduated first in my But law students are like that. I have discovered that however, because people at the garage sales seemed intimidated by attorneys in three-piece suits. The copies of class, but because I was a senior transfer student, the often they will be more interested in the method of the Pentagon Papers selling 2 for $3 did little to alleviate administration decided that having been at the school only discipline itself, than the result the discipline is to be the paranoia. No one I know runs a garage sale in a one year, I was not properly a valedictorian for the school, utilized in achieving. It didn't surprise me at all that the three-piece suit, for Chrissakes! There were other big and/I was not asked to give any speeches. And then I last Olympic silver1,medal for the marathon went to a problems: convincing people that the pleas were for real graduated from college with honors, but just cum, no cum Boston attorney. I'll bet the guy was a super law student. and wouldn't be reneged upon as soon as the person came magna or cum summa, Which is why I find it so flattering For law students can be typified. I had come to law school to court. Any defendant worth his salt knows that a plea is at this time, when in my academic career I have so clearly to get away from all the freeform thinking in English and not a plea without a judge. There are just too many' 'descended furthest from number one position, that I have ; history fields of study," where the critiquing of literature possible complications: been requested to give the valedictory address. (The and past centuries was often more creative than the writers preceeding is, of course, not true; only a fictitious premise or civilizations could ever have been themselves. I figured judge: "Where did you get this plea?"' for arguing my way into the valedictorian spot. The that law would have more structure for finding an answer, selection has since been made, and my motion for the would more nearly approach a science, because its thinking Person: justice position Minnesota and Comstock the at "Down at was unequivocally denied. No sense wasting an had been codified or at least collected into the common already-prepared speech, however.) law. But when I got here, I found the place crawling with Department garage sale." It is traditional at times like these, to say something to■ students who had majored in philosophy. And, heaven Judge: "We don't honor those, pleas in my cour(. Now if you the effect that looking back on the past few years, they knows, those people are worse than English and history had one, from Billy's Corner Store,, it would be a really were worth it after,all. At, this.time, !.would like to majors when it cqrnes.to giving a simple,answer,;tp a. break with that tradition and say that looking back on it question. The philosophy majors were in the right place, different story." all, it was awful. Further, forall the times I had to listen to though. For I learned that the illusion of codification or Person: "Thanks your honor. -Bo you know if I can return complaints from various a.nd sundry members of the common law compilation as something of a science, was student body, I wish to pull the coup of complaints by, ; just that, an illusion. In some cases, the law supporting a this." voicing mine to the entire student body en masse, and decision broke down into nothing more than a Plan II was on a larger scale. The Department was to saying I hated it. I hated it. I hafed that the textbooks philosophical pushing and pulling at a rationally penumbra set up booths at area flea markets. Flea Bargaining, as it were so heavy; I hated that the assignments in them were which had nary a scintilla of connection to the issue in was to be known, previously practiced only by so lengthy,but most of all, I hated that the opinions in the controversy and which suffered from and was guilty of imperialistic dogs, became a reality. The "fleas" became a assignments in the textbooks were often so obtuse. I hated further perpetrating a kind of Emperor's New Clothes great place to go for the weekend. You could do some law school from the day it began and my feelings have not syndrome in the legal field. And yet, as critical as my cynicism might prompt me forum shopping, and maybe even pick up a good plea changed. Even today's graduation ceremony is a bit while you were out. People specialized in particular areas. tedious. Law school has merely solidified the negative to be, I can't really object to this philosophical pulling and carefully cultivating pushing attitude towards life that have been of precedent until it is clearly unrecognizable. For I One guy had a full set of the General Electric Price-fixing if the courts were creating fairy tales, such approaches to Pleas, another 10,000 "bald tire" pleas for those accused since the late sixties. I must, however, admit that the past few years did precedent would clearly be uncalled for, and no doubt, of driving while impaired. Exotic pleas, mundane pleas, anything and everything. At one booth, there were Special have their moments. There was, for instance, the day, children would spot the incongruities quickly. For morals when after being intimidated by the case briefs the student or what is right are easily determined In the simple fact Prosecutor close-outs. sitting next to me typed for every torts class, I looked over situations of fairy tales. But when you try to define rights at the notes he was making in his text while the professor or justice in real life situations where two separate rights For sale: One 1972 used nolo contendere, by VP on wkends was speaking. Next to Learned Hand's name, author of the conflict; or where an old interpretation of what is right opinion, whose name was printed in boldface type, the faces off with a new or updated interpretation of what is only, now in shppg and mfa activ. student wrote "brother of Educated Foot." Still impressed right; all in'a setting where preserving the appearance of a consistent or trustful rationality or right becomes nearly as plea obstructing by .1974 the student, I was much less intimidated by him. to Never used, brand new, And then there was the day the professor thought I important for maintaining law and order as does justiceand abuse of Prs power. For Execs, only. was in class, though I wasn't really, jn the seat, maybe, but determining what is right at a particular time, the task of not in class. It was late, near the end of the hour. Mr. the lawbecomes all the more difficult and the illusion of New 1977p1ea to poor taste, for OPINION col. Birzon, who always called on persons according to tr^e constant, consistent rationality even justifiable. To this academic frustration fostered by trying to In closing, I would just like to say that I am not at ail alphabetical listing of his class chart, was long past the R's. hostileabout the editor's decision to cut short my writing The student next to me was drawing pictures of Arabs neatly define rights and justice, add the emotional trauma daily encountering people's problems, and the of career.'it has been fun, and 1 want to thankall of you who with arrows in their backs, and I who had just seen "Gone read my column. The feedback,..! 'ye received from both of With The Wind" the evening before, was trying to figure unbearability of law school becomes clear. Every day, youhas made it all worthwhile. Perhaps next year, without out how old Scarlett was when Rhett left her. My name every class, every case, it was another person with another the time spent on this column, I might turn into a was called, but I didn't have the heart, or maybe the guts, problem. Sometimes the problem stemmed from marital or productive law student. More than likely, I'll just drive to answer twenty-nine to Mr. Birzons's question. And since mercantile relationship, sometimes a stock market crash or other people crazy with my inane legal points of view. I had nothing else in my head, I don't think I said war. Admittedly, after a while my heart stopped bleeding. anything, except to acknowledge that 1 was present, So much so, that now I am emotionally aware only of fact Have a good summer Happy Trials! dumbly present. situations that reach the Mary Hartman level of absurdity, And the day, too, when in explaining the difficulty in like an improperly-manufactured cocktail dress that P.S. You won't have John Simson to kick around any comprehending nearly-incomprehensible exploded when a cigarette ash fell on it... a guy who some concept, more. PPS. I fove Hockey! Mr. Newhouse's second self said to Mr. Newhouse's other nearly tost custody of his kid because he wore tennis self, and the class, something like, well if you don't like sneakers ?nd a golf sweater to his wife's funeral an Special to OPINION working out these difficult ideas, you shouldn't be here. elevator first met her policeman husband nearly Newhouse assassinated the student me. minutes after she had Mr. next to been stabbed innumberable times by from Ralph Stairsteps Yea, I should have gone for my masters in engineering, he an escaped menial patient. really seriously everything Looking You shouldn't take Mr. Xhlhgs said. look awful. And if the life back, faculty of the While vacationing in Paris, with the rest Newhouse says, I argued. But it was too late, Newhouse's situationsrecounted in our casebooks are any indicationof over this past Easter Holiday, I had the good fortune to proved quit and the kid the end of the what lies fatal, ahead, at looking tfAvard isn't very appealing shot meet with some French Law students. We had a very semester. And that's something I couldn't quite either. But, best of luck anyway. Remember Mr. interesting meeting, though at times a bit heated, relating understand. If he wassure he should leave, Homburger's advice, and "do not confuse logic with the he and sounded legal to a number of "international" and American if jhe were, why vdid the kid wait until the end of the law." ■'' ■' probltms. The students were among a group of English and a* „ ■ '" /i y.r. -, ...: trljjUfil /•„ r-ji,ril,i ,th l French . Lower outside corner - ,, ipJili ., ~ ■~ . - ! . -~ .„ i ' ""' J JV • ' *' ' �April 28,1977 OPINION 6 Class action Buffalo Legislation Project drafts marijuana reform bill Homburger voted teacher of the year by Peter Ackerman Adolf Homburgcr, professor of civil procedure and New York Practice, will be leaving UB this year to accept a three-year appointment at Pace as a distinguished visiting professor. In a recent i nterview, Professor Homburger talked about his life and his teachingexperiences. Homburgcr was born in 1905. He grew up in Vienna, Austria, where, as he stales, he experienced the "shock waves of post-World War I inflation and revolution." After spending one year at the Arts College of UB in 1926-27, Homburger returned lo Vienna where he earned his JUD degree in 1929. He then began the mandatory seven year apprenticeship <js a clerk, at which he for the Austrian bar. sat lime That exam was described by Homburgcr <ts "more in accord with Ihe realities of life*in a law office" than the current New York bar exam since it allowed students lo use any books they needed lo answer questions during the exam. Homburger was admitted lo the Austrian bar in 1933, bui Hitler's march into Vienna in 1938 forced him lo go underground until his departure to America in 1939. He came lo Buffalo where he made a living as a process server, and liquor and leather salesman until he won <i John W. Davis fellowship for ihc re-education of European lawyers. Homburger said thai he realized then how much it "paid to be a good studentJn law school," since his law school grades fromAustria enabled him to be one of the only 8 t Davis fellows chosen in America. Homburger noted that he finished the regular law school course load at UB in two years, and was suprised to find so "fantastic" a faculty at what he had expected world be a rather "provincial" school. In fact, he wondered how good the professors at Harvard were, if the ones at UB were so great. The question was an ironical one since "within JT'few years nearly all of them were at Harvard," Homburgar said. Although he pass^Uflp^lew York bar after graduailrTgyTlornburger could not be admitted until he became an American Citizen in 1944. Homburger's association with state procedural law began after his admission to the bar when he served as a staff attorney to the judicial Council of New York. He describ#*^ftibse years as being "ot great importance" since they were spent drafting- and researching new prdceihiral statutes for New York Slate. Hombtlfger then returned lo Buffalo when he was offered a partnership with Ihe firm where he had^ptefked as a law student. Hj>mbuf£&:'accepted the posilion because, as he slates, "it was far more lucrative than continuing lo work for tfieSlale.in New York City." / His teaching career began in 1949 literally on i^enty-four asked hours notice when lo take over Dean Carlos Afdcn's classes because (he Dean had hc^s by Becky Mitchell-and Beverly jacklin ' suddenly become ill. Horn lunger noi equipped lo become the kind Uughi numerous bourses 111 land of musician thai he had transactions and civil procedure its envisioned himself lo be. "Still," a part-lime lecturer until being he notes, "music remains a very invited, in 1962, to become a lull important part of my life." professor. "P.irl-lime," he noted," Hoinlmrgcr continues to play in meant for many years that One chamber groups from lime to oflen ht\d lo leach a lull six hour Lime. About le.iching, Homburgcr course load in addition lo practicing on the outside." But comments that "y°u have to love nol even this dual role could fully ihe profession, otherwise you sallsty his zcsl for examing legal should never turn lo it." In problems since he continued particular, he states that he never during those years lo contribute rcgrcticd leaving prac lice for as a 'free-lance wriler1 lo the academe: "I didn't mind practicing, but I only loved judicial conference. Since becoming a full-lime teaching. I find it far more faculty member, Homburger said interesting; satisfying, and lhal he has "done quite a lew challenging. You have to be a things." One of the 'few things' good actor, too, otherwise you has been to serve, by appointment won't be able to keep* your of Chief Judge Desmond, later students alive." Homburger's observations of Chief Judge Fuld and later Chief Judge Brcilcl, as Chairman of the his students and their changing Judicial Conference Advisory altitude is keen. In this regard, he Committee. In addition lo wryly notes: "I once thought of authoring several law review myself as a fairly conservative articles and book reviews, he teacher among radical students (ih ivc c o i v cd i wo F vI b r i gh t the -19605), but, with the passage scholarships to work at the of time, I now see myself as a University ol Florence with radical, teacher among Mauro Cappelctli, editing the Civil' conservative students." Procedure Volume ol the ■ Homburger concluded that he International Encyclopedia of fell his most important contribution to developments in ComparativeLaw. One of Homburgcr's most the law has been his work with unusual' experiences was his term 'parties' and in particular,the New as a guest of the Max Planck York class action statute. In Institule in Hamhurg, alter leaching, his most gratifying winning a Ford Foundation Grant experiences have been those for his work in class actions. He numerous occasions in which he notes that, "the institute, has met formerstudents who tell contrary to common belief, is not him that they draw upon +iis only concerned with natural classes even years after they have science, but has a very important passed the bar. "That makes me department in comparal ivc and quite happy," he said with a international law." smile Not unlike many of his Even though he is leaving ÜB, students, Homburger's interests Professor Homburger continues to do not slop at the law. "When I win ihc admiration and respect of was 14 dr IS years old, I fancied his students. This year's myself a musician," Horh'buf^?P graduating class has voted related. At that lime he entered Homburger the teacher of the the Conservatory in Vienna as a year. He will receive an award at violin student. He soon the graduation ceremonies on May discovered, however, that he was 28. . . - A report of a study on marijuana reform done by members of the Buffalo Legislation Project was recently completed a/id sent to Senator Barclay, Chairperson of the New York Senate €6"des Committee. The study analyzed the official report'of the National Commission on Marijuana and Drug Abuse. Statutes in five states which have already decriminalized marijuana were then compared. Finally, a proposed statute for New York was drafted, keeping in mind the problems of other states and constitutional and policy issues. The proposed statute provides for two types of sanctions for the possession and transfer of marijuana. The purpose of the reform is to decriminalize the possession of marijuana for personal use, and to remove the stigma of arrest and conviction from an act which is no longer regarded as wrong by a large segment of society. A presumption of personal use is established for small amounts of the drug in the first section of the law, which would make a person guilty of "unlawful possession of marijuana" when such a person knowingly and unlawfully possesses or transfers 30 grams (28.3 grams ■ 1 ounce) or less of marijuana. This would be a violation, punishable by a fine of up to $100. The second part of the proposed statute would make it a Class E Felony to" possess or transfer 500 grams or more, or to transfer 240 or more grams to a minor. It would be a Class A Misdemeanor to possess or transfer 240 or more grams, or to transfery3o+ grams to a minor. Finally, \( would be a Class B Misdemeanor to possess or transfer 30+ grams, or to transfer any amount to a minor, or to smoke or ingest marijuana in a public place. An affirmative defense is available if one carfprove that the marijuana is for personal use only. Similar provisions set out for the lessening of penalties for the sale of marijuana. It would be a Class E Felony, Class A Misdemeanor Class B.Misdemeanor depending upon the quantity above 30 grams or under consideration. In conjunction with the purposes of the reforms, special enforcement procedures are included, prohibiting arrests for violations of the statute unless another, non-marijuana offense is involved and there is probably cause to arrest for the other offense. Warrants are prohibited except for failure to appear in court. Instead, appearance tickets arid summonses are to be used to procure court attendance. The Senate Codes Committee has -not yet acted upon the proposed bill, but is expected to do so before the end of this legislative session. The New York State Assembly is currently considering a bill which will amend the penal law and the criminal procedure law in relation to possession and sale of marijuana. The bill, introduced by Assemblyman Richard Gottfried, would decriminalize the possession of marijuana for personal use. Possession of up to two ounces of marijuana, or transfer without consideration of up to one-half ounce, is to be treated as a violation punishable by a maximum of $100 fine. Higher penalties ranging from a Class B misdemeanor to a Class E Felony are provided for possession and transfer of larger quantities, public use, transfer to a minor (under 16) and sale: 0-2 oz. 2-8 oz. 8-16 oz. 16oz. Viol. B. Mis. A Mis. E. Fel. B Mis. A. Mis. E. Fel. EFel. EFel. EFel. E. Fel. E. Fel. The bill provides that there is to bd no arrest for all violations and Class B Misdemeanors. Instead, an appearance ticket is to be issued by The most recent addition to the Gottfried bill is a prqvision which will allo* foHiniendment of convictions, and resentencing under the new law for anyone convicted under the old law, with credit for time served and fines paid. Buckley discusses criminal procedure by Becky Mitchell ( The abolishmenl of the exclusionary rule was the theme of a discussion by guest speaker William F. Buckley, )r. in Professor Tigar's CPU class on Friday, April 15. He spoke about his book Four Reforms, in relation lo the topic: selected issues in crimin.il procedures. In his discussion, Buckley explored the ambivalence of the "sl.ilc" which he perceives among conservatives. He explained that conservatives sec the stale as an enemywhich should be restricted from interfering in the lives of people. A' IJif S«nio lime they feel the total resources of the state should be used lo achieve certain ends such as in crime enforcement According 'lo Buckley, a major concern of conservativesis physical safely in the face of increasingly violent street crime. Buckley postulated that a person in the South Bronx is more concerned with slaying alive than with whether or not the police observe the Fourth Amendment. The emphasis on lawand order, as opposed lo individual rights was attacked by various members of the class. But Buckley countered that the exclusionary rule harms society, and altcmplcd lo show why and1 how it should be abandoned. Although he stated a belief that the government should obey the law in its efforts to enforce the law, Buckley does not believe that guilty persons should be acquitted merely because their constitutional rights are violated. The violation docs not change this guilt or innocence. Buckley ch.trged that letting the guilty go Free detracLs from the public's respect for law. When confronted with an assertion that the failure of the government to live up to the highest law of the land might be more detrimental to public respect, Buckley avoided the tissue by countering that lawless behavior of citizens has worse effect. Buckley also expressed concern as to the length of trials ajid their deleterious effects on both' the system and the defendant. He asked why it took 17 weeks to try Strhan Sirhan when hundreds of people witnessed the act. Abolition of the Fifth Amendment as it is now understood by the Court was one answer presented by Buckley. Buckley's observations and comments stimulated much thinking and discussion in the class. He was an extremely polished speaker and he fielded questions with adeptness. �April 28,1977 OPINION 7 Guild conference keys on women by Ron Eskin "Throughout American history, women have been outside the arsenals of social power and influence, watching male judges, politicians and lawyers make the rules that governed women's lives,," said attorney Susan Silber as she addressed the first workshop of the Lawyers Guild conference last weekend. The National Lawyers' Guild convened the biannual conferenceof its Mideast Region in Buffalo on April 15-17, and examined issues of women's oppression. Chapters from Michigan, Ohio, Western Pennsylvania and Western New York arrived in the Queen City to attend a weekend of study and festivity. They joined the near fifty Behold the new saviors of OPINION!! Pictured, left to right, are: Bob Ciandella, Assistant Editor, Dean Silvers, Assistant Buffalo participants, many of whom had planned the workshops and Editor, A.D. Scoones, Photo Editor, Ted Firetog, Business Manager, Kirn Hunter and John Simson, co-Editors-in-Chief. prepared the meals for the weekend.Not pictured is Becky Mitchell, Assistant Editor. "Union Maids," a film about women who were organizers in the Legal Briefs Moot Court installs officers New Moot Court Board members for the 1977-78 school year were installed officially Monday evening, April 18. Bill Martin was elected to the position of Director, and Marilyn Hoffman will be the Assistant Director next year. Next year's Moot Court Board will consist of Meryl Amster, Mitchell Dix, Monica Dodd, Steve,Errante, Evan Giller, Ira Goldfarb, Kathy Kaczmarek, Kevin Kinney, Karen Lederer, Jane Mago, Diane McMahon, Alan Lewis, Donna NatOli, Jerry Paun, Nancy Peck, Anna Pfeiffer, Glenn Sabele, Steve Schierling, Steve Waterman, and Pam Webb. I Graduating seniors MonroeFriedman to speak On Monday, May 2, Monroe Friedman, Dean of the Hofstra Law School, will visit the Law School to speak on the topic of Legal Ethics. There will be an informal discussion in the faculty lounge from 1:30 p.m. to 3:00 p.m. prior to the formal presentation in the Moot Court Room from 3:30 p.m. to 4:30 p.m. v Following the main address, there will be a question and answer forum in the faculty lounge from 4:30 to 5:30 p.m. Dean Friedman is being sponsored by the Mitchell Lecture Committee". All students and faculty are welcome to attend all three everits. » s Additional information about commencement, including invitations, directions to Art park, concert information about the philharmonic and possibly information about restaurants in the Lewiston area will be available at the end of April or the beginning of May in Mr. Canfield's office. , Discrimination A number of employers who advertise their jobs through the Placement Office practice discrimination base'ii on sex. A few, for instance, have expressed explicit preference for female law clerks. The Placement Office has agreed not to include the stated preference of the employer (in conformity with §296(1-a)(d) of the New York Human .Rights Law),' but this will not stop the discriminatory BLP reviews applications non-hiring. The Buffalo Legislation Project has begun to ,'. It is against the law in New York State for an review, me!mber,ship, a'ppljcatiqns for'"ncjxf fall. AIL 1 employer not to hire an individual on the basis of first-year students wishing to apply should submit a sex (or age, race, creed,, color,, or national origin, 2-page riarrative resume and a law-related writing' Human Rights Law §296). An employer under the sample as soon as, possible to room 724, O'Brian Act is defined as having at least four employees. If Hall. No applications will be accepted after June 1, you believe you have not been hired because of your 1977. sex, male or female, please contact Sheryl Reich, room 509, or call 837-0142. Energy conference set for May 7 The People's Power Coalition invites the law Youth advocacy project school community to attend a conference on. the A youth advocacy project is organizing in Erie energy crisis and its solutions. The conference, County to investigate public secondary school promoted as "ShoppingJfor Lower Utility Rates," exclusions and disciplinary practices in the county. will emphasize the campaign for public takeover of Graduate students are needed to volunteer to utilities, and include speakers and workshops on conduct interviews and analyze data from school such concerns as alternate energy sources, natural gas personnel and dropouts. price de-regulation, rate structures, nuclear power, This study is related to a state-wide project and shut-offs. under, the auspices of the State-Wide Advocacy / Project of the NYCLU, and has been requested by community organizations focusing on the problem participants include Among others, conference of rising dropout rates in the county. Casey Walas, President of United Auto Workers For further information please contact Prof. Local 501; Marilyn Zahm, Neighborhood Legal Herbert L. Foster, 636-2451, or Jane Holland, Services Director; Marvin Resnikoff, National 1 837-5644. Coordinator of the Sierra Club's Nuclear Powerr Subcommittee; Fred Sankey, Superintendent of the Reception for graduates Akron, NX municipal electric utility; Dave Collins, All graduates of the class of 1977 are invited to Director of Energy Conservation, Community attend a special reception for the 1977 class at Jay Action Organization; and hopefully, all of Buffalo's Carlisle's home, 138 Depew Street, on Friday, May mayoral candidates, each of whom has been invited 27,1977, from 7:30-9:30 p.m. to speak for five minutes to support or oppose public power and a winterization program for New seminar explored Buffalo homes. Several students are interested in exploring the Date and Time: Saturday, March 7; 8:30 a.m. possibility of establishing a seminar in Law and the 5:00 p.m. American Indian, and either a seminar or clinic Place: Buffalo- State College Student Center, component in Immigrationand Naturalization Law. 2nd Floor In an effort to assess potential student interest in Registration Fee: $5.00 ($2.00 Low Income and such offerings, sheets have been posted on the 2nd Seniors) and 3rd year bulletin board. If you would be For more information call 856-8469 interested in taking one of these courses, please sign Conference Brochures available at the Library the corresponding sheetbefore May 10., Desk and Registrar's Window. Carrel reserve The Library will again institute a Carrel Reserve Opinion meeting Policy during the Spring Exam Period, Thursday, by / Have your journalistic dreamsbeen thwarted \2 through Monday, May 23. Law students will your law school career? Don't give up hope come Mayable sign up for carrels between 8 and 9 a.m. to be work on Opinion \ at the Reference Desk. 'ID cards are g There will be a mandatory general staff meeting each dayand assignments will be for the entire day. required i, for all Opinion staff members on Thursday, May'J. service is to insure that law students have 1977, at 3:30 p.m. in the Opinion office, room WJ, t, Thisto study areas in the Library. Any questions access O'Brian. is or complaints should be directed to Dave Brody or Anyone interested in working on Opinion Mulloy, Library Committee members. Jim invited to attend. : 1 : '*' - ' ,' - ... i. c labor movement, set the tone for the conference. The film, and the panel which followed it, suggested the historical role of women in organizing working people, and described the peculiar oppression that women in labor struggles have suffered. The panel, comprised of teachers in the institute for cerebral palsy, and graduate students in the GSEU, elaborated on their experiences in organizing working people in Buffalo. It was their unanimous opinion that "legalistic strategies do not organize people who are struggling for a recognized union. Saturday the conference moved to the University Presbyterian Church on Main Street and Niagara Falls Boulevard. Albie Sachs; a South African exile, revolutionary lawyer, and Professor of Law at the University of Southampton, opened the morning workshops. He spoke about the" traditional sexist role of the bar in the British Commonwealth. "The big issue among lawyers and judges until 1923 was whether women could be considered 'people' and thus practice law like men. This issue arose several times before 1923, and each time the male judges concluded that the term could not possibly refer to women. Women could not possibly be expected to participate in the hurly-burly of public life." Other workshops included: the effect of Gilbert v. General Electric on women in the workforce; the establishment of clinics to show clients how to carry out pro se divorces; and how to deal with the problem of battered wives. There were six workshops in all, each conducted by a person with special experience in the subject matter. However, the Guild workshops were not lectures, and all the participants had some experience in the topics and material discussed. Conferences are intended as meetings for people who do similar work. This work is making the law work to the advantage rather than the detriment of poor and workingpeople, and of minority groups and, women. The reference in Buffalo focused on issues relating to the oppression of women, and the workshops examined that oppression in its many forms. I Barbara Haridschu, Buffalo chapter, and John Quigley, Columbus chapter, initiated a workshop on gay custody, based upon their respective experiences with gay custody cases. According to Handschu, "the attitude of judges about the stability and competence of homosexuals makes it hard for the best of parents, who happen to be gay, to retain custody of their children. All the opposing attorney has to do is scream 'queer,' and he generally can win the case before the family court judge." Most longtime members of the Guild in this region felt that the most significant effect of the weekend was not necessarily to be gleaned from any one workshop, but from the fact that a major region of the Lawyers' Guild seriously examined the problems of women's opportunities. Convention addresses minority issues by Eric Turner ' The National Black American Law Students Association convention was held in Cleveland, Ohio, March 25-29, 1977. In addition to dealing with the general business of the organization, there were a variety of legal workshops, including: Effects of the Equal Rights Amendment (ERA) on Black Men; Alternatives to Affirmative Action in light of the pending Bakke case in California; Directions of BALSA. Also included in the program were guest speakers, placement interviews, final rounds of the Frederick Douglass Moot Court Competition, and a minority recruitment law day. Co-hosted by the Case Western Reserve University and Cleveland State University Law School chapters of BALSA, the convention proved to be very productive and enlightening for the nearly 300 students who attended from across the nation. As expressed in the convention program, the purpose for which BALSA was formed is to "articulate and promote the professional needs and goals of Black American law students; lo foster and encourage professional competence; to focus upon the relationship of the Black Attorney to the American legal structure; to instill in the Black Attorney and law student a greater awareness of and commitment to the needs of the Black Community; and to influence American law schools, legal fraternities and associations to use their expertise and prestige to-bring about change within the legal system in order to make it responsive to the needs of the Black Community; and to do any and all things necessary and lawful for the accomplishment of thesepurposes within "such limits as are provided by law." - �April 28, 1977 OPINION 8 First Annual Opinion Contest "How High is the Duck?" / AI ft /jf If / >/f y /Af/ /, J^***-^<V>"S'^) r^^i S^^—i^^^/ JI }/\[ >'^7 all entries must be submitted jr\ t0 Opinion 623) by Au9ust 3.1". 1977 /, ■-* Winners will receive a free y^ subscription to next year's Opinion \Ji J Jf J^ Have a Good Summer � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-04-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/28/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/34f09a884230a64ec780b61f3bb8385d.pdf 35863a6e537ed13325dc64c2d83ca753 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14:60 Volume 17, Number 12 Opinion State A University of New York at Buffalo Schoolof Law Personalizing Orientation The Orientation Program for incoming students this year will consist of a I two-day orientation program on August 30 and 31, and a continuing / orientation follow-up as the semester progresses. Second and Third year / students who met during the Spring of 1977 recognized from prior / experience that the major focus of the August orientation days should be / to help new students become acquainted with the law school building, / their fellow students, their professors, and life in the Buffalo area. / Preliminary questions about law studies will be answered, but most of / the academic orientation will take place in smaller meetings with / faculty and student advisors after classes have started. This will give / new students a chance to find out what their problems and / questions are before being confronted with persons offering / assistance. / One of the major complaints of students at the law school is the / difficulty of meeting people and establishing meaningful / communication and relationships here. As a means of combatting / this problem, the orientation committee is striving to organize a / program which will help newcomers to meet each other, and / upper class students and professors right at the beginning. First / year students are therefore encouraged to attend this / orientation and take advantage of opportunities which are not / available once classes get underway. / ; TUESDAY 8:30 10:30 , / Class meeting with Dean Headrick. Small group tours and section meetings. / Tours: Find out about the law school, library, / administration, student organizations, the city of / / Buffalo. Section meetings: Meet your teachers and find out / what will be expected of you ifiyour first semester. / Some class assignments will be handed out. / 3:30 Free time. / Take care of business, relax, explore the rest of J the campus. / PARTY*** 9:00 Time to meet your classmates and prof's. Come alone or bring a friend. - / Join us for Coffee and Donuts. 9:30 continued on page sixteen / AUGUST 30 / / / / Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 July 12,1977 �HELP! EDITORIAL Welcome to O'Brian Hall! The Opinion staff and the Orientation Committee have put together this summer issue to introduce some of the faculty members with whom you will have the good luck or misfortune to contend, to acquaint you with the law school and university at large, to report on law student organizations and activities available to you, and to show you that things other than blizzards and unemployment do go on in Buffalo. Law school is quite an experience, and we hope that some of the information herein (you might as well begin to get used to legal jargon) will make the good times better and more frequent and the bad ones easier to cope with. If your journalistic dreams have been thwarted by your decision to go to law school don't give up hope. You, too, can become a member of the Opinion staff at no extra cost! This distinguished publication hits the stands bi-weekly (usually on Thursday), and the more student input we have for each issue, the better Opinion will be. As an added incentive, we have a great dart board in the office that can be used by or against each s"taff member. If you are interested in working on the paper, please visit us in Room 623 during orientation from 10 a.m. to 4 p.m. and anytime during the semester. The editors of Opinion and the Orientation Committee would like to express their sincere thanks to Becky Mitchell for making this issue possible. Good luck to you all in the coming semester! — Vol. 17, No. 12 Editors in Chief U| JilllOl 1 luly 10, 1977 ! Editors Kirn Hunter John Simson Rob Ciandella Becky Mitchell Dean Silvers Business Manager i Photo Editor Ted Firetog A.D. Scoones Staff: Mike Buskus, Sharon Osgood, Sheryt Reich and Larry Ross. Contributors: Orientation Committee Composition by University Press tit Buffalo Design and Production- Meyrowit//Williams 2 Where To Find It - Charles Wallin, Registrar, 3rd Registrars office Floor, O'Brian. Allen Canfield, Assistant Dean, 636-2057. Orientation Information Room1 311, Tel. - Dave Brody or Arlcne Antel, c/o Allen Canfield's office Bulletin Boards: — — Official Notes, Placement — 3rd Floor — Job Openings, Placment Information. Financial Aid - 3rd Floor- Financial Aid ■ Information and deadlines. Housing — Ist floor lounge; 6th floor next t0.608. 3rd floor Registrar Grades, Class Changes. Class Notices 2nd floor assignments and Schedule Changes. — ' Class Student Messages Ist floor lobby, 2nd floor near library, 3rd floor across from registrar's elevators. office, 4-7th floors opposite — — Dean's Office 3rd floor Official notices from the Office of the Dean. Survival Guide: University student association publication giving information on life in Buffalo: what, when, where, how, who, how much, etc. To be handed out at orientation. Law School Handbook: To be handed out at orientation. Copies of old edition may be available at the registrar's office. - Information Table at Orientation directions, personal contacts with other law students, etc. University Information Main Street Campus. ' - Ist floor of Hayes Hall, �A Message From The Dean Education has many rituals. One of the more cliche—ridden concerns the welcome of new students. Usual.ly they are invited to join in a great adventure to explore worlds unknown to them and perhaps to all mankind. They are told at length about the glories of completing the degree arid remaking some corner of society. One gentle voice within me says: observe the ritual; it is expected; it does not hurt. Another voice says: drop it; give it to them straight. In lawyerlike fashion, I come down in the middle. A legal education does open doors, both for your intellect and for your ambition. Our concern is with your intellect. If we do our job and you do yours over the next three or four years, you should acquire a metal agility and toughness that enables you to form and dissect legal and factual arguments. You should develop a good map of the law that prepares you for locating any client or institutional problem in its legal as well as non-legal context. You should learn how the legal system workds, not just how it appears on the paper of constitutions, statutes, and codes, but how it really operates, how it affects people and institutions. You should expand your capacity for learning quickly about a problem and for picking up the knowledge and information required to find a workable solution, which may nbt always be a legal solution. You should gain some experience, vicarious and actual, in wrestling with the sometimes competing claims of client and conscience, for you will have to serve both masters in your legal career. The State University Law School exists to provide education for lawyers who will become leaders in the professibn and in the larger society. If you see the end of a legal education merely to be getting the J.D. and passing the bar exam, your legal education will be a failure. It is most likely that you will become a legal mechanic. But if you come to see legal education as one means to understanding how our society in its infinite complexity functions, both well and poorly, you will have begun your way towards becoming a leader. You will have taken the best from the legal education that this law school provides. You can become a leader or a mechanic. It will depend on how you choose to approach your legal education. Our curriculum had many doors awaiting only your push to provide openings for both your intellect and imagination. Together, the courses and the faculty offer extensive opportunites to develop^ your mental agility, learn the legal map, study how the system operates and expand your ability to learn quickly and to deal with competing moral claims. Choose well, choose broadly, and good luck. Thomas E. Headrick Dean 3 �Getting A round Buffalo and the Law School Dean's offices, are located on the third floor. These offices will be open during business hours on week days during the summer. Professors' offices, and offices of student organizations are located primarily on the fourth through seventh floors. There is no building directory so one usually must ask on the third floor if a particular person or office is sought. The Amherst Campus is three miles north of the Main Street Campus, which is located within the city limits of Buffalo. During the summer the university provides buses traveling between the'campuses- on week days. Schedules are posted on the sixth floor of O'Brian and at Squire Hall on the Main Street Campus. In July, the majority of U.B. will be refocatcd to-the new Amherst Campus. Until that time; however, the student union and the administrative offices of the univercitv will be still on the Main Street Campus. ' I ransportation around the Buffalo area is fairly easy if one has a car. Maps may be obtained at Squire Hall on the Main Street Campus, or in Norton Hall on the Amherst Campus. Marine Midland 'Banks usually have good maps as well. Buses travel up and down Main Street regularly. Bus stops are marked by yellow signs and yellow painted bands on lightpoles. It takes roughly a half hour to travel from UB tcr the downtown business section on Main Street.--The Greyhound Bus Terminal is on Main Street, near downtown, and a bus stop is across the street at which one can catch a bus going north to ÜB. Main Street buses are identified by a number 8 in the front. Other Metro Buses which a law student may be likely to use are: 25 Delaware. Avenue, 30 Kenmore,.9 Parkside/Zoo, 13 Kensington, and 19 Bailey. You can write to Metro Bus: 855 Main St. Buffalo, N.Y. 14203 for schedules. Also, many banks carry bus schedules, and the major bus stops downtown have schedules posted for major routes. ■—~ — O'Brian Hall is the center of the law school universe. If in-coming students plan to visit the school during the summer,-it will be helpful to know a few things in advance. O'Brian is located on the Amherst campus at the corner of Millersport Highway, and Maple Road. You will probably have to acquire a map of the campus, or rely on the advice of friendly natives, in order to find your way around. Inside O'Brian, the first floor contains large lecture rooms and a student lounge. The second floor is where the entrance to the library may be found, along with academic bulletin boards and smaller class rooms. Administrative offices, such as the registrar's and 4 — - — — Housing Good housing can be found at many prices in the Buffalo area. The market fluctuates so it is hard to give now for the late summer, but a few hints are in fee Buffalo is a working class city. A lot of individuals own two or three houses and rent them' for supplemental income. Asa result, rental agencies often their services. For these reasons, you will probably be �2) Get a map of Buffalo. Many banks have them and we will have a limited supply at Mr. Canfield's office at the law school, Rm. 311. Try to orient yourself. The laws school is located in the relatively wealthy suburb of Amherst, north of the City of Buffalo. Housing here is not cheap, but usually of high quality. There is little public transportation out in Amherst and most stores are located in malls. If you have a car and the money, Arrtherst may be the place for you, but you will have to travel for both entertainment and your personal needs. If you travel southwest on Millersport Highway, which runs along the east side of the Amherst Campus where the law school is located, you will run into the corner of Main St. (Rte 5) and Bailey Aye. (Rte 62). Running southwest from this corner is the Main Street Campus of U.B. This comer also marks the northern boundary of the city of Buffalo. The area around the Main Campus, especially to the South and West, for as far as you can walk in about 20 minutes, constitutes the major area for student housing. Housing here is not especially cheap when you consider the quality of many of the homes. Unfortunately, location drives up the cost of living in this area. It is extremely convenient for those who don't have cars because the University maintains a shuttle bus to the Amherst Campus at no cost to students. There is also good public transportation right off campus going downtown into Buffalo. The university, area has a variety of shops, restaurants, banks and services, too. •Main Street is really the main drag for Buffalo and useful for map navigating. It runs along the west side of Main Campus heading southwesterly into the heart of the City. If you follow Main Street to the other side of the railroad tracks to the southwest of campus, you find another good housing area, west of Main Street and south for quite a number of blocks. Loosely, this is the Hertel' Avenue Parkside Avenue area. Housing is cheaper here and the neighborhoods are quite lovely in spots, but it is really too far to walk. Taking the bus to Main Street Campus every day can be expensive at 40 cents (exact change) each way. Another landmark in Buffalo is Delaware Park. It is bounded by Amherst Street to the north and Delavan Avenue to the south. It is west of Main Street and east of Elmwood Avenue. The park is large; it has a golf course,playing fields and a large lake. The Buffalo Zoo is also located there. The Art Museum and Historical Society are located on the west end of the lake. This west end of the lake is also near Buffalo State College which is on the west side of Elmwood Avenue. The student union here is a good place to check for housing in the area, usually known as the west side. The west side area ruhs south of Buff. State for a long ways. This area is cheap to live in and is very popular with students. There are strong communities here with lots of services, but it is a long drive to the law school from here. — These are just the major areas that are populated with students.. You should choose an area to suit your pocketbook and transportation needs. 'For1, law students it is important to remember that you need to be able to get all the way downtown straight down Main Street to the central Buffalo business district. This is where all the main courthouses are located and where most attorneys have their offices. This may not be so important for Ist year students, but if you plan to settle in one place for the next three years, it is a factor to consider. 3) A really good source for housing projects are bulletin boards, especially if you are willing to move in with other students who are looking for roommates,. Check the board on the first floor of the law school for possible housing with other law students. Check also the small off-campus housing office in Squire Hall (formerly Norton) on the Main Campus. Roam some of the other buildings on campus as many people hang signs all over. 4) Newspapers are another good source of housing leads. The Spectrum is the University student newspaper and has a classified section in the back. Buffalo community area papers also carry housing ads. These papers can usually be found in loc^al drugstores. The major citywide papers are the, Buffalo Evening News and the Courier Express which have a lot of housing ads, usually divided by regions. 5) While you are looking, where can you stay? The University runs a hotel during the summer. For a few dollars a night you can rent a dorm room while you look for a place. However, the 'hotel' closes August 31st. For information and reservations, write to: - Rick Schoellkopf Housing Office Richmond Quadrangle, Building 4 Amherst Campus SUNY at Buffalo Amherst, New York 14260 6) If you want to live in a dorm, write to Rick Schoellkopf (address as in 5) soon. Spaces are fillmg up fast. 7) Remember to check out leases carefully. Legal aid located in Squire Hall will look over leases for you. Find out if heat is included in your rent. In Buffalo, that is the major bill. 8) The University runs a small off-campus housing office in Squire Hall, phone no.: 831-5418. 9) Don't get discouraged. The best housing is often snapped up at the end of the Spring term because of 12—month leases. The earlier you get to Buffalo to look for housing, the better off you will be. It is hard to find housing for one person, so consider moving in with other students if they are quiet, etc. You might even want to find out from the Registrar who some other Ist year students are and try to room withthem. Good luck. 5 �Wide World of Torts by John Simson The following is a short list of explanations, perhaps apologies, for the way things arc done at Buffalo Law School. I was asked to prepare this short warning by the newly created Office to Make People Feel Good. They thought that since I was the last student accepted in my class, I could pass along that feeling of relative paranoia that one feels upon entering school, on the second day. (1 wasn't admitted until 4:00 p.m. on the first day of school). By the end of your first semester here, you will be able to glance back at this piece with a knowing smile and a wish that you hadn't lost as much sleep as you did to do as well as everyone else did anyway... - The Grading System - We do not have number grades only letters. Those letters are H, Q, D, and F. The D and the F mean what they always did, the H and the Q sort of a hybrid ABC. I had always wondered why such strange letters were necessary when ABC were well known, had been around for a long time, and had several other significant advantages. For instance, if B's were used instead of Q's, the typical first year student upon receiving all four first semester grades would not say "Oh Damn, Four Q's!" Classroom Etiquette The do'sand don't's of the lecture hall are quite important. It could mean the difference between 'a very successful career, and the professor giving you a dime to call your mother. (Actually at UB you'd have to use your own dime to call your mother)... Caution: There are many strategies available do not think thisis the only one. On the first day it is always good to make a nice impression. You will not do this by sitting motionless in your seat. If you can answer only one question, volunteering some information, you are - 6 flying. If by some strange fortune you answer correctly, your semester is guaranteed. You will never again be called upon until you raise your hand. The professor will know that you're the type of person who is prepared; and instead will pick on those persons who try to fake out the professor by remaining so still that most of the class would appear dead to .the untrained observer. (The furioussound of arms busily notetaking is the giveaway). I should probably pay tribute here to Ralph J. Stairsteps, a law student who remained so still during his first semester, that he never left his seat, never took a note, never moved from the lecture hall; and used the interesting technique of astral projection to satisfy all his bodily needs while in that position. I should add that the first day participator strategy does not always work. Many profs like to think that certain students can help them out; particularly when the quiet sections of the class are not responding. It is at this time that you are in trouble. To avoid being called on there are two options. Either look sick, or so preoccupied-shown by an extremely quizzical pose-making-it is obvious to all that you are about to solve some amazing legal puzzle, which of course you will share with the class as soon as it's worked out. Another Caution: Professors know that people who speak are dumb. The smart people don't waste their energy talking, when they're having trouble enough justwriting downevery word spoken in class. - You may fall asleep in class HOWEVER, it is impolite to rustle your New York Times while doing a crossword puzzle. It is likewise improper to raise your hand and ask your professor for a three-letter word meaning South Jamaican Ice Cream Flavor. Another criticaldecision made in the first year is where Co sit. The front row always seems too eager, the back row too slothful. Right in the middle seems to be right in the teacher's line of vision. Studies were completed by students of this law school, on a grant from the National Classroom Administration, and it was discovered that the sixth row optimal protection from pll-v irinl classroom enquiry, (professor's questions). With all of this in mind, I set out to the library where all legal secrets are kept. I found my source thumbing through Black's Law Dictionary. She smiled and said, "one of the greatest mistakes made by first year students is when they fork out the money for this book. I opened mine twice in three years." - McPinion: Tell me about it. Source: The first was to see what being a lawyer was all about. I wanted to know those principals that were so basic that the law everywhere, in every country, would acknowledge them.' Me: Sounds a little naive, I thought lawyers were trained to be the wizardsof principle, making principles sort of disappear into doves and rabbits, and... S I found out that the Law HatethNew Invention and Innovations Me that's why they Concordeland... won't let the S ThatLaw Hateth Delay... Me Really, it says that?.. .Lawyers are the only ones in the world who could take two years to make a three minute S Law Favoreth Public Quiet. Me When was the second time you used Black's? S To find out what Canfara meant. My crim. law prof said that anyone ,who didn't take the final could get a Q by Canfara. Me What's it mean? S It means I took the final. The Law Favoreth Public Quiet... �Here at the Western New Yorker by Sheryl Reich We happened to be having a drink in the Sutler bar last Saturday when the mock lawyers came in after the Trial Technique end-of-semester trials. Nursing our pre-dinner cocktails, we watched frosty glass of beer after frosty glass of beer disappear into the mass of gaggling student lawyers cum lawyers apres trial. The winners were excited, freely offering advice: "The witnesses mean nothing," said one. "You've just got to get the jury on your side, get them in your hand. You can feel it when you've got them. You and the jury, man, that's what it's all about." i A second attorney, less sure of having made it with'the jury ("I think I did, I mean, tell me again what it feels like"), thought that witnesses were very important."They've got to believe your witnesses. I mean, believe in a total way. You know, not listen to what they're sayirtg, but think they're nice people. Now take that doctor. Who could win with that doctor?" One victorious group was less able to pinpoint the determining factor in their success. 11 seemed more like a combination of improbablcs; A Gestalt, yes, but an uncontrolled, unvcrifiable one. True, they had slipped the pin out of the blackboard so that when the plaintiff's attorney went up to emphasize a point she got a gutfull of chalk; True, they were sexier than the other side's attorneys. But is life, after all, like Trial ' Technique? The losers all thought it was how you play the game, but how can you play a game when they start out with Broadway and Park Place and you're in Jail, your utilities over-regulated and you've just lost Marvin Gardens to eminent domain? What kind of winning case, for instance, has to rely on blind eyewitness? "You say the perpetrator had a moustache, but does our client have a moustache now?" Ah ha ha ha. Everyone thought this witness and adversary oneliners were great, but we noticed that the group was far out-living the other visitors to thebar. Eventually they wore down, the pre-trial nervousness changed to mid-trial arrogance changed to after-trial elation, or aggravation, or self-consternation, all otherwise. It is clear that water was his neutralized at the Statler bar. Great jazz undoing, as can be seen fromhis untimely every Saturday night Check it out. death. We have a friend who keeps a copy of A friend of ours sent us a news 18 United States Code in her bathroom clipping which reads remarkably like a Criminal Law exam. There were lots of and opens it randomly whenever the mysteriously unindicted co-conspirators, spirit moves her. She's been finding a a good deal of liabilitynecessarily heaped good" number of rather curious statutes, which she's suggested we pass along to onto individuals who were for onereason or anotherunavailable for the nomination our readers. SS 711, 711a, and 714 are of course, (dead or dormant); the inevitable kinky the nature statutes: Impersonation of sexual aspects were also present. Smokey the Bear, Woodsy Owl ("Give a It seems that the individual accused of having supplied the guns for the 1972 Hoot, Don't Pollute?"), and Johnny shooting death of Joey "Clams" Gallo Horizon ("a tall lean man with strong was found dead in hispool in Grenada, in facial features...") are our favorites. the Caribbean. Called "unsuspicious" by S 2198 forbids the seduction of a female the police, Mr. Palletto, whohad owned a passenger aboard an American vessel, but Chinese restaurant in Little Italy withhis subsequent intermarriage of the parties Cuban-American wife Mona, was at the may be pleaded affirmatively (heaven time of his demise, married to the knows they're not going to bring it up). S 45 disallows interference with an secretary of the Prime Minister of apparantly news to Mona. antwerp wearing a USN band (no relation Grenada Anyway, Palletto, one Eugene Elmer to a steel band, an FM band, or a driving Zeek, and Zeek's female companion, ban), and S 46 penalizes those who along with her two huge Rotweiller dogs, transport water hyacinths. 547 covers started a new life on the island. The pollution of a watering,hole, S 710 the Clancey's as they were known (it wasn't manufacturing of cremation urns for clear who the dogs were playing), owned military use, and S 2074 the issuing of a discotheque, a travel bureau, and a duty falseweatherreports. free shop. While we're at it, S 553 of the old New Mr. Palletto had, of late, found it York Penal Code (1909) forbade the necessary to undergo psychiatric publishing of a sealed letter which was treatment in Barbados after having been found in the possession of anyone who is noticed as behaving erratically near his seriously wounded, died suddenly, or boat basin, or for that boat basin in committed suicide. Thatlast doesn't seem particular, or that the behavior would to be included in the second, but don't have been called out if engaged in near worry no one was ever prosecuted for it, any sporting facility, aquatic or not one person. - - 7 �Pictured from left to right: Prof's JacobHyman, JanetLjndgren, R-.ii Allen, and Thorne McCarty. . Your Courses and ProfessorsProfileA The first year class is divided into three sections. Each section has four assigned professors who teach therequired first semester courses: Torts, Contracts, Criminal Law, and Civil Procedure. Torts is the study of law suits arising from the intentional or negligent acts of others. You will study the types of legal rights which may be protected by the courts. Examples of tortious acts are assault, battery, false imprisonment, and negligent acts which cause injuries. Contracts is the study of how the courts interpretand treat written and oral agreements. You will learn (hopefully) what is required for the enforcement of a contract by a court. Criminal Law introduces the student to basic concepts in criminal law. Definitions of basic crimes and their components will be examined, such as homicide* robbery, larceny, criminal intent, and what constitutes a criminal act. Civil Procedure is the study of the rules governing taw suits, and how the courts interpret diem. Some of the topics examined are jurisdiction of the courts over subject matter and persons, rules pertaining to how notice must be given to persons involved In the matter to be litigated, howdiscovery of evidence is to be carried out, etc. The following professors wilt teach section one courses: - -— Richard Bell Torts, L. Thome McCarty Contracts, Ronald Allen Criminal Law, and Marshall Breger Civil Procedure. Richard Bell, 34, received his bachelors degree from Northwestern University in 1964. He studied law at Yale, as well as doing graduate work in law and philosophy there. L. Thorne McCarty, 33, did his undergraduate work at Yale, and received his law degree from Harvard in 1969. He then did graduate work in mathematics and computer science at Stanford University. He teaches courses in Data Banks and Privacy, Copyright, Patent, and Trademark Law, Quantitative Methods in the Legal Process, and Economic Models in the Legal Process as well as Contracts. He is a member of the Massachusetts Bar, and has been affiliated with journals and publications such as Law and Society Review, jurimetrics Journal, Harvard Civil Rights-Civil Liberties Law Review, and the Yale Daily News. — Ronald Allen received hislaw degree from the University of Michigan Law School after graduating from Marshall University Virginia with a major in Mathematics. Allen teaches West in courses in Criminal Law and Procedure, Evidence, Federal Jurisdiction, and Constitutional Law. Marshall Berger is new at the University of Buffalo Law School. He received a B.A. in Philosophy and a M.A. in American History from the University �of Pennsylvania in 1967, and a J.D. degree from the U. of P. in 1973. Breger also studied at Oxford University, completing a thesis on "ThePolitical Theory of Technological Society." The professors for section two are: Joseph Laufer Torts, George Priest Contracts, and Jacob Hyman Civil Procedure. The professor teaching Criminal Law still has not been chosen. Professor Laufer has been teaching at this law school since 1957. His specialty is Tort Law, especially insurance and strict liability law. George Priest, 30, is a new professor, coming here from the Universtity of Chicago. He has taught courses in Antitrust Law, Remedies, Economic Analysis of Law, Regulated Industries, and Commercial Law. He has been involved in research on methods of measuring damages for breach of contract, the Litigation Settlement Model, the effects of the imposition of strict liability for product defects,and theoriesof price maintenance. Jacob Hyman, 67, was educated at ard University. He has taught courses in Constitutional Legal Process, and Collective Bargaining in Government, an has been a labor arbitrator since 1948. - E- - - - The following professors will teach section three courses: Lindgren - Torts, Alfred Konefsky - Contracts, Al Katz :iminal Law, and John Schlegel Civil Procedure. - Professor Lindgren, 30, has been wiUi SUNY at Buffalo Law School since 1973. She received her B.A. in political science from Macalester College, St. Paul, Minnesota, and went on to obtain a law degree from the University of Wisconsin. She has taught courses in Legislation, Torts, Remedies, American Legal History, and Legal Writings. Alfred Konefsky, 31, is originally from Brooklyn. He is a new professor at this school. His interests focus oh American Legal History. Al Kau, 36, has taught at our law school since 1969. He did his undergraduate studies at Temple University, and received his J.D. and t-L.M. degree at Berkley. He has taught courses in Criminal Law, Federal Courts and the Federal System, Evidence, Civil Disobedience, Self-help, and Coercion;Crime, Conflict and Community; and "Stealing." He submitted a special brief (argument) on behalf of the American Association of University Professors in one case, and on behalf of the National Organization for Women in another case. John Schlcgel, 35, received his B.A. from NoVthwestern University and his law degree from the University of Chicago. He has taught at Stanford University Law School and worked as a legal aid attorney in Chicago. Schlegel teaches Civil Procedure I, Commercial Law, and Judicial Decision Making, Public Utility Rate Regulating, and Counseling. �[Note: I recently learned that the following memo, which I wrote at the end of my first year in law school, has been regularly distributed to incoming students. My first impulse was to suppressit but have been persuaded otherwise by students who say that they found it helpful. would, however, like to I What They Expect From You by Grace Dlumberg qualify some of my early advice. I First, the memo was not written for all incoming students, but was instead intended for a small group of students who were expected to have more than their share of adjustment problems. Furthermore, even if the memo had been intended for all incoming students in 1969, they were, in terms of entrance credentials, quite different from more recent classes., The study methods suggested in this memo, while perhaps still useful for most students, may not be necessary for some members of the present first year class. Second, the tone of the memo is one of unremitting labor and considerable strain. While tension is unavoidable at exam time, the rest of the endeavor need not be particularlystressful. It is, I think, feasible as well as desirable for first year students to work no more than a slightly extended work week, i.e., 9 to 5 weekdays and one day of the weekend. If you use your time efficiently, there should be no need to give up extra legal interests, abandon your friends, widowyourspouseand orphan your children. The first year student needs two kinds of discipline, that of work and lhat of maintaining balance and perspective.] W r hat they expect from you That you will master all the material and that mi will be able to synthesize it and apply it to icrete problems. You will be required to do this under extremely adverse conditions, the final exam. How to master the material 1. Do exactly what they tell you to do. Brief every case. Read everything that is assigned. Since it is humanly impossible to read every case collaterally mentioned in class, do not bother to even write down the citation unless the instructor gives you the impression that you are seriously expected to read the case or says that it will be discussed in class. 2. Re-read each case or textual note until you feel you understand it completely. Take ample notes and brief each case in sufficient detail so that you can use it rather than the casebook when the case is discussed in class. Don't spend too much time pondering the questions posed in the ease notes. Many of them are frivolous, irrelevant or unanswerable. 3. How to read a case: Read the case checking off the essential points. Re-read the case to catch any points you may have missed. Then write your brief. This method is slow and tedious but it is effective. Do not be disturbed if you can only cover 5 to 10pages an hour since the weekly assignment in each course will usually be no more than 40 pages. 4. Use legal notebooks and write only in the right hand margin. If you have any questions, write them in the left hand margin. When the case is discussed in class, you wilt readily see the question. (If it is not answered in the course of the discussion and if you do not get a chance or are tooreticent to ask it, see the instructor after class. He will not mind and will 10 �.. — . Be prepared for eoch doss not because you will make a bod impression on the have not read the material instructor or embarrass yourself if you lack of preparation will defeat the specific type of education process used in law school. probably be very patient, particularly during the first month.) Put your class notes in the left hand margin. If you find you are taking extensive class notes which should not be necessary if you have briefed the cases and the instructor is not giving you additional material' you can use the right hand margins of only one side of the page and thenhave plenty of space for class notes. This way you will be able to keep all your material on any one case, class notes and yourbrief, together. About taking notes: if you are forced to make a choice between trying to write everything down the instructor says and trying to follow his train of thought, stop writing and listen. It is more relaxing — - and you will get more out of the class. ■ 5. A few thoughts on reading cases and writing briefs: a. Get the facts straight. Make a diagram. Who is suing and what doeshe want? b. Don't waste your time trying to anticipate what the outcome will be, particularly during the first few months. You won't know enough to do it with any degree of success; you'll only succeed in needlessly deflating your own ego. c. A case is an opinion, a statement made by a judge generally sitting on an upper (appellate) court in which he justified a decision the court has just made. Generally one man writes for the majority but there may be concurring opinions as well as dissenting ones. Always remember that you are reading a justification, even a rationalization, for a decisionalready made. The judge is writing the opinion to convince you that his decision was a good one; he is not writing with an open mind, not waiting to see where his learned considerations will lead him. He already knows. Be critical when you read. Is his approach logical? Is he stating the legal rules correctly? Are the rules trulyapplicable to the set of facts? Is he giving balanced weight to all the facts or is he conveniently ignoring some? At'first, opinions will probably seem faultless to you. You won't know where or how in begin to criticize them unless you simply morally disapprove of the decision. However, after a month or so you will be able to and should begin to intelligently criticize what you read. d. Try to understand all the reasons for the judge's decisions not just thereason he gives in his opinion. Are there social reasons? Economic reasons? Other reasons? What are the ramifications of such a decision? How will it affect people in the future? What do you thinkabout it? Ethically as well as legally. ts it reasonable? Is it fair? c. How does the case fit in with the ones you've already read? Does it add anything new? (It should, or it would not be in the casebook.) Does it represent a development or a change in the law? f. Regarding the specific formand content of briefs, there is a standard formwhich you will be taught in class. If you do not write well you can improve your style by carefully composing yourbriefs. If you do write well thereis no point in bothering about the stylistic quality of your briefs. —Although instructors place a great deal of emphasis on writing." Learn ■ "style," they simply mean "clear and concise not necessary to how to be direct, clear, specific and fluent. It is have a highly polished or literate style. Florid expression and be avoided. verbosity should — - . If you have had problems writing papers or exam essays, if your college instructors criticized your style or if it simply takes you a long time to set down your thoughts on paper, you should utilize every opportunity to improve your writing ability. Brief writing is a good opportunity. Because time pressure is a strong element in final examinations (for me it was easily the worst aspect), you must learn not only how to write well but how to do it very rapidly. W hether or not to attend doss 5y (This section is intended to apply only to those classes for which attendance is not its � � own reward, those classes you leave regretting that you did not spend the last hour someplace else.) Instructors will tell you that you are not compelled to attend class (true enough attendance is not taken) and that a studentneed not attend class and it will not be counted against him if he does well on his exam. This sounds all the more plausible when you consider that grading is anonymous. Each studenthas a number. It is difficult, however, to do well in a course that you do not attend regularly. While most of the covered material can generally be found somewhere or other in the casebook, the instructor normally uses classroom time to focus attention on the issues and areas he considers most significant. The final exam tends to reflect the classroom experience. — A ttending class Be for each class because you will MP^^on the instructor or a bad 3k make if you are called on and have 12Lembarrass read the material - but because lack of will of educationprocess used in law defeat the I prepared nol impression yourself not preparation specific type school. Theprocess is highly structured: a. They assign cases. totally b. You go home (or better, to the library) to read and brief the materials very carefully. You try to learn it yourself. c. You go to class. A student is called on to present his brief or the instructor begins discussion himself. In either case you get an initial chance to compare your comprehension with that of another person. There is general discussion and you get to compare your own understanding with that of the rest of the class. You are picking up any points you may have missed and you are engaging in a very important kind of reality testing. Do you really understand everything as well as you imagine you do? Or, conversely, if you suffer from lack of self-confidence (very common at first), do you really not understand as much as you fear or does one new fact or idea make everything clear? d. Over the weekend you review the week's work and things should start to fall into place. Do not be overly concerned if separate cases and materials don't seem to hang together on first view. It takes a while to make out the pattern. 11 . �They may be purposely intimidating you for educational reasons: to get across o^ point, to teach you how to approach a problem, or simply to make you work harder. - Now If you go to class unprepared, figuring that you will understand the material better after it is explained in class, you losing the most important part of the learning process, are teaching yourself how io learn and use law, and getting the chance to compare your level of comprehension with that of , your fellow studentsand the instructor. Why you have to learn how'to learn law by yourself: In law .school they cannot possibly teach you "the law." All they can do is survey selected topics and teach you how to learn the rest ■j yourself, When you have a research or moot court problem and ■when you finally practice law, no one will explicate the law for you. That is your job. Therefore, the most important work you do at first is learninghow to study and prepare the material that is given to you. hat they want you to learn \^\ [7Qn<* 'now m®°sure it \*L*f '■ maV seem a in course \f\jf ■ �. � • ttle late the of your intellectual development to start developing the mental equipment that will help you do well in law school. But I think that you can still develop essential areas and also not waste your time worrying about deficiencies you think you may have if they are inessential or irrelevant. For example, I worried quite a bit about my rotten memory. It seems to have made little difference. You will never have to remember a date or specific fact or even a case name. As oversimplified as it sounds, they are trying to teach you how to be "smart," to be a "smart lawyer." To understand ■" certain legal principles, to understand the reasons judges state and leave unstated for deciding as they do, to understand the social, political and economic results. They want you to be clairvoyant to see through what people say and do in short, to be "smart." They measure your success by your ability to organize and articulate your understanding and perceptions. You must be able to do this. I've already suggested careful brief writing as one exercise. Papers, written exercises and practice exams (even though they don't count) are good ways to accumulate skill 1,, before the godawful test of all you've done, the final exam. Examinations are practical in the sense that you are usually not asked to write essays about cases you have studied or about ~; developments in a certain area of law. Rather you are presented with a massive factual situation (sometimes amusing- the only redeeming factor) and you are asked to be a lawyergiving legal advice to one party (always taking into account the adversary's yOI case) or to play a judge, decide the case and write an opinion; Two to six such problems make a three-hour final. If you are well prepared, there is no time to light a cigarette, drop a pencil or pause to choose one word rather than another. The only way to avoid the pressure of time is not to know too much. But thatis also the surest way of failing. As far as I have gathered, most teachers do not have a m preconceived notion of the answers. They read over a tii substantial number of papersand thendecide that, for example, ma twenty point question, there «re ten relevant points. Each ! - ■ ; - ' _— ~ _ 12 - point you hit gets you a check mark. Ten check marks give you twenty points. It is easy to see that no matter how thoroughly or even brilliantly you explicate any one point you can get no more than two credits for it. The object is to hit every point you can quickly but amply enough to show the instructor you understand it and then to move on. It usually takes a maximum of three to four sentences to get your check mark. Instructors talk a great deal about "organization" but this term, like "style," is a glorified misnomer. To me, true organization means analysis, reorganization and synthesis. They don't mean anything so elaborate. Since the problems are factual and have a beginning and an end, "organization" simply means "in order." Start at the beginning and end at the end. Take each problem in sequence. Don't jumparound. Avoid too many afterthoughts (but you can pretty much get around this problem by leaving the left hand pages blank and writing in your afterthoughts as they come to you across from the place on the right hand side where they should properly be located). Develop each issue rather than each party's separate case. For example, A sues B, C, and D. Discuss A's claim. Then do B, Cand D's defenses and possible counterclaims on the issue A is presenting. Then go to B's claim and look at it from each party's point of view. Complete the issue B raises and move on to the next. Think of square dancing. DO NOT classify all of A's claims and defenses on all issues and thendo the same for each other party. (I used this method on my first practice exam and got an F.) Break down each series of events into the smallest possible independent events and-issues and discuss the legal possibilities of each one. Build upon your conclusions if it is appropriate. A simple example: "Having bought a house from B, A discovered the roof was rotten and now refuses to pay." 1.Discuss the sale. Was it valid at all? Was it conditional? What were A's and B's rights under the contract? Under tort or . contract law? 2. Discuss discovery of the defect. What did it mean legally? ', �As oversimplified as it sounds, they ore trying to teoch you how to be 'smart/ They wont you to be clairvoyant short, to be 'smart.' 3. Discuss A's refusal — to pay. What does it generally? Whatdoes it mean in light of the defect? to see through what people say and do mean Don't be afraid to mention the obvious or elementary aspects of the case; In fact, you must do so in order to get a good grade. Most instructors refuse to assume that you know anything that you do not put down, even when you go on to discuss1, 'more complicated and sophisticated aspects of the question. This is partly due to the check point system of grading., It seems to me that a person could write brilliant answers .and not even pass if he did not devote sufficient timead verbiage to the obvious and elementary aspects of the problem. Make a point of mentioning the relevant irrelevant, that information which is not so remote as to be intellectually meaningless but is in fact meaningless in practical terms for the given situation. Imagine thatit is stated in the problem above that B can prove he knew nothing about the roof whenhe sold A the house, B did not intentionally conceal the condition. Do not ignore the law regarding intentional concealment. Say something like "It's too bad A won't be able to' show intentional concealment. But if he could have done so, A's rights would be ..." There will be from 2 to 6 questions. You are not obligated to take them in order. I am the only person I know of who habituafly mixes up the sequence but I don't think I've even been penalized forit. (Actually, who knows?) ■ 1. Read over the exam. Take the easiest question first. You arc probably very nervous and ought to show yourself a little consideration. After you finish ihc first question, you will hopcfylly feet more relaxed and be better able to handle the harder questions. If there are some definitions or short essays, you mighi try them for a start. 2. you have now read over the exam and picked your first question. If it is a scries of definitions or one paragraph essays, read each one carefully twice before you answer. You'll waste less time being overly scrupulous at this point than you would reading,everything once, making just one error and having to re-write an answer. If it is a factual problem essay: a. Read the whole question through twice, very, slowly and carefully. The second time through start to underline the most significant points. b. Read it a third time, writing in the margins. Make notes all over your essay question. Keep reading it. The points will emerge before your very eyes. Read it until you can't find ■anything else. If the whole exam is only composed ofitoovery long problems, you may have to handle them in sections. The instructions will generally indicate how to break them down. C Always keep in mind: LThis problem is not life. It was made up by an instructor to test you. It will usually not contain the irrelevancies of a true life situation (even if it seems tp contain them, treat them as mentioned in the rotten roof problem). Every fact probably has some significance. Try to exploit every because fact, even if only to say, "This fact is not important Don't decide something is not important and disregard it. of a is, course, this situations, (Even though outside of exam I ' ..." . — in wasteful pattern of thinking. Remember that exam taking is a highly artificial and styli/cd activity.) 2. In a problem with 50 facts you are being given a minimum of 50 stimuli. Respond to as many as you possibly can. Relate each fact to as many parties as you can. Given 50 facts and 5 parties, you could hypothetically have 25O1ssues. Since, it is considered more important to recognize problems than to devise sound legal answers, concentrate on defining the problem. But do not entirely neglect to suggest a solution or course of action if one is requested. For example, you are given an elaborate factual situation and you arc asked to play judge, to make a decision and write an opinion. You are expected to analyze all the facts, apply correct legal principles and come to some sort of decision. Very often it doesn't matter whether you decide one way or the other, although your reasons for making either decision will be important. Don't worry about the "right" answer in this sort of case. Your decision could rival Solomon's for wisdom and you could still fail if you didn't treat each and every problem in detail. If you have a choice "between two equally good paths to opposite decisions; take the one that will give you the greater opportunity to showhow much you know. If you are convinced the correct or wisest decision is the one that allows youvery limited opportunity to display your wares, say so and then go on and do the other one. 3. Disregard for the ultimate solution or decision is. not, however, a blanket rule. An instructor whohas spent more time practicing law than teaching it may be more concerned about the soundness or usefulness of the advice you would give a client in a "and now advise your client" question. 4. Time You'll never have enough time to do a really good job. Students cannot do their best in the lime allotted unless they don't know anything to begin with. The more you know, the greater the strain will be but the better you will do. However, the more you know, the more likely you arc to feel disappointed and feel that you have not done well. If you arc well prepared you should anticipate this feeling and not worry exccssively(in fact, not worry at all) between the end of finals and grade distribution one monthlater. - 'flow to prepare for finals I 1. Keep up all term. Do all your briefs and finish all LJ U2. Spend all Christmas vacation making course ]|j papers by Christmasvacation. outlines and studying. Get together with a study group. Stay in Buffalo? Don't go home for more than a few days, if at all. You* won't be much fun to be with anyway. 3. Take your exams. 4. Take thebest vacation you can afford with all the money you've saved by staying home and studying all the time. Course outlines Ideally, you would make an outline of every week's work all term long and then you would have them ready by Christmas vacation. However, it will take 13 �Quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making an outline will keep you awake, even alert. The same is true for writing briefs. It's much harder to fall asleep with a pen in your hand. you quite a while to learn enough to know how to make a meaningful, useful, intelligent outline. You'd probably be wasting your time if you began on them before Thanksgiving. Also, making up outlines is a good way of reviewing material and premature review would not help you to study for finals. Furthermore, quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making an outline will keep you awake, even alert. The same is true for writing briefs. It's much harder to fall asleep with a pen in your hand. Dealing with your feelings I You will probably experience a wide range of feelings about your personal worth, adequacy and development during your first year. I will try to sketch tne range of feelings I felt personally and give you a second-handversion of those expressed by my friends. You are probably starting with a cautious but slightly anxious optimism. This may surviveorientation (which seemed to me an exercise in absurdity and intimidation). "If you all work hard and do your best, you can all be in the upper half of the class." A certain fatalism is suggested: some people have it and some people don't. "The front door is broad (admissions) and the back door (graduation or really surviving the first year) is narrow." In fact, it is rare that a student actually flunks out. Most "failures" give up and quit school. Your early class experiences will probably convince you that you have absolutely no aptitude for the law. You miss the obvious. You didn't even notice the most significant fact. It is all so transparent, as your instructor repeatedly points out. Just remember 1. Your instructors have had a lot of practice at this sort of thing. 2. They are not only showing you how clever they are hu,t have themselves been taught by clever instructors and have probably read outside sources on each case or issue. 14 3. They may be purposely intimidating you for educational reasons: to get across a point, to teach you how to approach a problem, or simply to make you work harder. 4. They may be intimidating you for non-educational reasons such as personal aggrandizement or sadism. They may simply be entertaining themselves at your expense. This is not too common but I'm sure you'll sec it occasionally. If you are progressing as you should, after a month or so you will begin to feel more competent about your ability to handle the material and participate in class. After 6 weeks you will have practice mid-terms. You should take them just seriously enough to get some practice. Don't be distressed by a D or an F. I find thatmuch easier to say than I did to do when it happened to me. It took me a couple of weeks to regain my lost confidence and the grade was not even an accurate prediction of how 1 eventually did on the final. Therefore: 1. Use the practice exam for the purpose the name syggests, for your practice and convenience. It may take you a while to get used to their bizarre method of evaluating you. That is why you are taking the practice exam. People arc not born knowing how to take law school exams and life docs not prepare you for the event. 2. Another reason not to take the grades too hard, particularly one poor one: The instructor may just be trying to discourage some aspect of your presentation and may be penalizing you more thanhe would if it were a real exam. 3. If you do poorly, see the instructor right away and find out why. Don't brood over it. 4. If you are afraid that you will be very upset if you don't do well and that not doing well would seriously interfere with general studying efficiency, you might be better off not taking the exam or not handing it in for grading. If you decide not to "take" the practice exam, make sure you pick up a copy, takeit home, study it, write out a careful answer, discuss it with your friends and the instructor. Get the practice without the pain. In retrospect, thatis the way I would have doneit. The next time you may not be feeling your best is just before and during finals. If you feel you are perilously close to complete collapse, bear in mind: 1. You have every right to feel that way. You are being asked to show how much you've learned in conditions that range fromadverse to inhuman. 2. You are not unusually nervous, stupid or weak. No one feets very good. 3. You will probably not feel that youdid very well at all. The nature of the exams is such that it is your relative rather than absolute accomplishment that will be judged. (He is first in his class. He did the best "bad job." Everyone else just did worse.) 4. There may be several correct answers. Don't discuss your answers right after you take the exam. (Particularly avoid overbearing people who are determined to convince you that their answers [different from yours] are absolutely and uniquely right.O After you finish finals take a vacation as far away-as you can manage to go. �Law Student Activities INTERNATIONAL LAW SOCIETY First, the International Law Society would like to welcome you to U.B. Law School. Second, the I.L.S. would like to offer you this membership pitch. The I.L.S. is a. student -run organization devoted to the fields of International and Comparative Law. The Society is, itself, a member of the Association of Student International Law Societies; our membership brings with it numerous advantages, 'ranging from general information about International Law to the Jessup Competition (an inter-school Moot CourtCompction). Within the law school, the I.L.S. serves as focal point for Ihe school's International Law program. The Society's Faculty Advisor, Ms Virginia Lcary, is an Assistant Professor of InternationalLaw at U.B. Hence, as one might expect, the I.L.S. is a must effective means for dissemination of information to studentsinterested in International and Comparative Law. The Society's activities last year included sponsorship of speakers at the law school and participation in the lessup Competition. As a result of additional funding, the I.L.S. was .ilso able to send two law students to study at the International Institute of Human Rights in Strasbourg, France during July. In Cacti participation in the Strasbourg Program has become something of a tradition for the Society. This year, the I.L.S. is making plans under a new constitution .md Executive Board. The Board members elected in May are: President Irene Schall, VicePresident Larry Cohen, Secretary Katie Surgalla, and Treasurer Ted Firetog. Plans are being made for meetings with other International Law Societies, membership for the Society in the American Bar Association's International Law Division, and a career workshop in International Law. Publication of an International Law newsletteris scheduled to begin this Fall. • Now for the real pitch If you're interested in International Law and would like to participate in any of our activities, I suggest that you speak with an I.L.S. Representative at orientation and come to our first meeting. The Society is small enough for your membership to make a difference and large enough for your membership to . matter. The Moot Court sincerely invites all thoseinterested in the skills of brief writing and appellate advocacy to attend and learn more about the organization that improves and refines both. ■ JEWISH LAW STUDENTS ASSOCIATION We at the Jewish Law Students Association want to welcome you to this Law School. As most of you will probably soon discover, a law school environment can be quite different from any that you have experienced in the past.. You may find yourselves faced with problems and opportunities unknown to the outside world. v In the past our organization has been active in\ community—based projects. With the help of a local Synagogue \\ we have instituted a regular class in TalmudicLaw. In addition, 1 j we now operate a legal assistance center for senior citizens. This tj program gives our students a chance to get practical experience l'< in the Buffalo community, while working under a practicing attorney. This year the goals of our organization will focusJI)V additionally on the social sphere. We hope to make possible a ~, community atmosphere within the law school itself, as well as, H with neighboring areas. To improve the general social life of all law students will be our goal, and for this we need your help and support. Feel free to come down to room 10 in basement, meet our members, and make yourself a part of the organization. We exist only for the enrichment of your and you should include yourselves in planning activities. Again, we welcome you to the school, wish you luck, and -^ invite you' to become involved in this organization. , ' BUFFALO LEGISLATION PROJECT (BLP) Have you worked in Albany or elsewhere for a N.VI I legislator or an Assembly Committee? Would you like to have contact with various public officials and theiraides, and to learn""*' about the N.Y. Legislature? If so, you may be interested in joining the BLP. The Buffalo Legislation Project (BLP) is a law simian organization offering research, analytic and drafting services to B state and local legislators at no cost and on a non-partisan basis. The BLP accepts several projects each semester to which arV^ editor, several members and a faculty consultant arc assigned.'^ Projects are accepted and then assigned to editors and on the basis of student interest and feasibility, faculty" consultants' are arranged for by the project editor of project on the basis of faculty expertise and availability. Project work consists primarily of research and writing. Other activities may include testifying at a public hearing of meeting with a legislative project source in Albany, Buffalo Sr v wherever the source is located. The BLP provides students with an opportunity to work on their research and writing skills-.. while learning a bit about the legislative process. Students participating successfully in the BLP for three full semesters will receive three credits towards graduation for their work. In the past projects have included researching alternatives to the money bail system, drafting statutes to decriminalize the-! possession of marijuana, revising Buffalo ordinances to comphf* J 0' members'1"' MOOT COURT The Moot Court of the Law School will be opening its T977 be held house the Orientation —forall78 season withIstan openstudents. The open house will consist at to incoming ye^jr of an informal presentation by Moot Court Board members concerning the activities of the Moot Court, including the various National Competitions we enter and our own Mugel Tax Court Competition held every spring. The mechanics of the Desmond Competition, held eachNovember and open to all Ist and 2nd year students, will be explained. The Desmond Competition is the selection process for becoming a member of the Moot Court Board. In conjunction with the Desmond Competition, a videotape of last year's oralargument finals held before former New York Court of Appeals Judge Charles Desmond and present Court of Appeals )ustice Matthew |asen will be shown. cacH^ with constitutional standards for the first amendment, working on a consumer law handbook for New York State. anJN*1 —^"n 15 �Interested students may apply for membership in the Spring semester. Notices will be posted concerning application procedures at that time. If you have any questions about the BLP, please feel free to drop by the office in Room 724, O'Brian Hall anytime. ASSOCIATION OF WOMAN LAW STUDENTS The Association of Women Law Students is another SBA—supported group. As a focal point for the school's 30% women, we function on a variety of levels as we try to accommodate a disparate group of people and needs. During the past semester we met informally over coffee hours and brown-bag lunch times in order to discuss the problems, and good times, we were having as women in the law and law school. The Women's Bar Association of Erie County sponsored a wine and cheese get-together where we were able to discuss jobs/careers/problems with women already in the profession. Through theaid of SBA we were able to send delegates to the Women and the Law Convention in Madison, Wisconsin. Next year we are interested in doing a number of projects which will involve working with the court system in Buffalo. A handbook outlining the procedures a battered spouse would have to follow in order to bring claim in Family Court is one such project. We will continue placing students in Family Court as observers, and in Legal Aid as volunteers. Our association with other women's groups in the City will continue to be a source through which we can begin to use some of the skills we are beginning to learn. We have a number of activities planned for Orientation, and as soon as school begins in the Fall we will be holding a career seminar. Hope to sec you then! BUFFALO LAW REVIEW The Editorial Board of the Buffalo Law Review would like to take this opportunity to welcome the members of the incoming class of 1980. The Review is an international journal publishing scholarly articles of legal interest by students, faculty, and other members of the profession. The Review serves three important functions. First, it provides law students with an intensiveresearch, writing, and editorial experience that is otherwise available in the Law School. Second, the Review is a forum for scholarly thought'and debate of great importance in the legal community. Third, the Review is a major representative of the Law School in the national {and international) academic and professional communities. The members uf the Review are second and third year students, who receive threecreditsafter successfully completing Orientation - continued from page one WEDNESDAY, AUGUST 31 Take care of details. Buy books, take I.D. pictures, finish registering, enter into special orientation their Review obligations. Membership is on a competitive basis. Though the membership criteria fluctuate from year to year, the two factors generally given consideration are the entire first year's grades, and the results of a writing assignment which applicants must complete in the Spring of their freshman year. Review membership entails both responsibilities and rewards. The responsibilities include the completion of whatever tasks are necessary to produce the journal and to maintain the Review as an ongoing, viable organization, as well as the production during the first yearof membership of an article for publication. The demands on time and energy are considerable. The rewards include the personal satisfaction and the education which are the by-products of the hours spent at these tasks. The members of the BuffaloLaw Review, 1977-78, would like to wish you all a year of excitement and fulfillment. Best wishes as youembark on your professional careers. — Ken Gartner NATIONAL LAWYERS GUILD The preamble to the Constitution of the National Lawyers Guildstates that the Guild "is an association dedicated to the need for basic changes on the structure of of our political and economic system. Consistent with this aim is the Attica Prison Project undertaken by three Guild members at the University of Buffalo: Jerry Paun, Alice Mann, and Hillary Exter. Working with New York State Prisoners Legal Services, this program will entail a basic training in order to perform routine case work such as habeas corpusand appeals as well as to deal with other personally oriented inmate problems. The group will also be doing research for impact litigation on prisoners rights, trying to establish institutional change~while safeguarding individual rights in such areas as the misuse of solitary confinement. A third area in which this group will work is the coordination with legislative action committees from Attica and Auburn in order to bring about change in the New York prison system through the legislative process. A second Guildproject to be established in the near future is a community educationproject led by Buffalo attorney Bob Godlove. This project entails Guild members,and possibly other attorneys, going into communities and talking with community groups about their legal rights. This prpgram will involve education in such areas as the proposed Senate Bill 1 and housing law. - Bill Brooks At 1:00 pm the Puerto Rican and Oriental Students Association will meet. The National Lawyers Guild will present a program on alternative approached to the legal system at 2:00 pm. Locations of, all meetings will be announced at orientation. At 9:00 there will be a wine and cheese The Association of Women Law Students will party for the student body and faculty. show a film titled "Joyce at 34." The film will show every hour, on the hour, from 10:00 am to 3:30 pm. At 3:30 interested students and faculty are invited to a During Orientation the cafeteria at Norton Hall discussion on women and the law. next door will be open for meals and snacks. There will be a meeting of students who have been out ofschool for a number of years. The Black American Law Students Association Lockers for Ist year students are located in the will hold a special orientation for minority students at basement of O'Brian Hall. Be sure to bring a lock and 11:00 am. claim a space before all lockers are taken. v programs. * * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-07-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 7/12/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c8f15d565e2cf664d3e241aa1ad7e9fb.pdf a1030acf502fcf0694838661ad27f36e PDF Text Text SBA Elections Licker and Bernstein Chosen; Freshmen Jeffrey Licker, former Student Bar Association (SBA) treasurer, has been elected president of SBA. Licker will fill the vacancy left by the resignation of former SBA president Tom Murphy. The new SBA treasurer, elected during the September 15 and 16 elections, is Madeline Bernstein. She will fill the vacancy left by Licker. Licker, although not required lo do so, resigned as treasurer to obviate the need for a second election to elect a new treasurer, should he have won the presidency. Six first year directors were also elected in last weekVL, elections. They are Patrisha Armstrong, Charmaine Bissell t7 ' Opinion John Lord ©'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18 Number 1 Select Directors Ted Donovan, Cathy Kaman, Faith Miller, and Mike Shapiro. A second year director, Candy Appleton, was also elected. Licker's first priority will be to resolve the conflict between SBA and Sub-Board Inc., which is. freezing all of SBA's fund. Sub-Board is ÜB's central student fee disbursing agent. (See story, page 1.) The disbursement fee Sub-Board charged SBA was to be raised from $1,200 last year to a requested $4,000 this year. An increase from 5 percent of SBA's total budget to approximately 18 percent. One alternative to signing a contract with Sub-Board would be Licker to find a new disbursing agent, according to Licker. SBA has been negotiating with Marine Midland Bank but any contract must be approved by the Office of Student Affairs which has already rejected two proposals as "inadequate," Licker said. Another goal Licker hopes to achieve is changing the make-up of SBA committees to include more students who are not elected SBA officials, he said. Two new committees he hopes to establish are a student problems and grievances committee and an administration liaison committee. A more balanced distribution fees is one change Bernstein hopes to achieve, she Continued on page 4 Opinion Bernstein Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law September 23,1977 Sub Board Dispute Threatens Student Organizations As a result ot certain actions taken this summer by the Student Bar Association and Sub-Board I, Inc., the student government of the law school, and consequently all the Student organizations funded by SBA, face a monetary crisis of severe proportions that could cripple theeffectiveness of those organizations. Under State Education Law. and SUNY regulations prernulgatcd thereunder, all student organisations; sucrtar funnel all disbursements of such monies through ah approved, disbursing agent. At present the SBA has no disbursing agent. For the last four years, Sub-Board, Inc. has been the disbursing agent of SBA. For services which include bookkeeping, processing check requests (which have never aggregated over $27,000 in any one year), as well as an annual audit of expenditures, Sub-Board assessed SBA a fee of $1250 a year. Under the terms of SBA's contract, the disbursing agency arrangement was automatically renewable from year to year, subject to SBA's right to terminate the arrangement after proper notification. in April of 1977, the SBA raised mandatory student fees for law students from $15 a semester to $16 a semester. After thus establishing the revenue side of.its budget, SBA adopted an expenditure budget of $26,707. (This would result in a balanced budget, taking into account a carryover surplus from last year's budget.) The SBA did not receive notice of Sub-Board's intention to raise the disbursing fee until late in May, after all classes had ended and all regular meetings of the $BA were concluded for the year. In June, Sub-Board announced that it was implementing a new cost-accounting system for its services. SBA was advised that its disbursing fee would be raised to $4000, an increase o*~«yer 300%. Subsequent to tbat notification, SBA Vice-President (and Acting Presfdent) Aviva Meridian, after consultation with other SBA officers, tendered notice of termination of the disbursing agency contract to Sub-Board, Inc. During the summer months of July and August, SBA VP Meridian contacted several alternative disbursing agents, including Marine Midland Bank. Marine initially offered to ' ' - Award Winning Opinion Needs Staff UB law Lt is now possible for student to work for an award-winning ; publication. On August 8, 1977, Opinion received the Award for Excellence from the Law Student Division of the American Bar Association for newspapers from law. schools with an enrollment of over 500. the law school Kathy Drumm, representative to the Law Student Division,. was on hand at the Division conference to .accept theaward on behalfof the law school and Oplf}ion^. Rumors to the effect that the Opinion award may be viewed at the office in room 623 from to 5 for an admission price of 50 cents are false. The correct admission price is 75 cents. Anyone interested in writing or taking pictures for. this rehowned journal is cordially invited to attend an Qpcn house in the first floor lounge of O'Brian Hall on Mpnday, September 26 from 3 pm to 5 pm. If you come to the meeting, you can sec the award for free and you might even - - , gel something to eat. handle the contract for a few of $200/year plus $5 per transaction. At the same time, all of. SBA's money would earn at least 5% interest, whereas Sub-Board disbursed funds earned no interest. Ms. Meridian arranged a meeting between Marine Midland executives and SUNYAB officials from the Office of Student Affairs. Despite initial enthusiasm from persons in Vice President 'SiggelkowV office (Student Affairs), negotiations so"ure_~when Marine Midland learned that it might be liable to cover any overdrafts which might result from the account. In actual fact, such be very unlikely since both in the past and under the contemplated arrangement with Marine Midland, a University official from the Office of Student Affairs would have to countersign any requests to disburse money. Additionally, such requests would be approved only after SBA officials had tendered evidence that the expenditures were authorized and appropriately charged off to a valid budget line. The other areas of uncertainty which resulted in cessation of negotiations with Marine Midland included the actual types and method of record-keeping to accompany any such account. Marine was apparently unwilling to assume responsibility for bookkeeping and the annual audit which is required under University regulations. With discussions broken off between SBA and Marine Midland, VP Meridianresumed negotiations with Sub-Board, Inc., in an attempt to establish a temporary service contract while SBA sought a permanent replacement for Sub-Board. Initial problems to be surmounted in such a contract included the fact that Sub-Board was installing a new computer system which they said would not accommodate an organization such as SBA for less than a full year. Discussions with Sub-Board are still continuing. As this story goes to press, the SBA still does not have an approved disbursing agent for fiscal year 1977-78. Unless and until an ageht is appointed, the SBA and its sibling organizations cannot disburse any funds. Thus, at present the SBA is left with these alternatives: 1) Sign a full year contract with Sub-Board for a $4000 fee; 2) Attempt to persuade Sub-Board to enter into a short-term contract until SBA finds a replacement disbursing agent; 3) Enter into no contracts and be unable to s-pend any funds. Noteworthy in selecting the first option is that lheaddition.il 42750 expenditure lor disbursement fees paid to Sub-Board would mean a reduction in budgeted allocations to SBA organizations of around 15%. Such an eventuality would doubtless create substantial inter-organization arguments over SBA funds, especially since the original budget requests of over $36,000 were sliced to $26,707 last year so that revenues could match disbursements. Thus, it appears that the new treasurer to be elected faces the spectre ol inability to spend money or severe constraints on available resources. Orientation '77 Freshmen Captivated The Fall 1977 Orientation Program for incoming students at the law school was well attended by faculty and students, old and new. Dave Brody, coordinator of the jirogram, stated that the program' was successful in providing an opportunity for } newcomers to meet students and faculty here at the law school. Additionally, it gave the 230 incoming students who attended a chance to become familiar with the UB campus andO'Brian Hall. The Orientation Committee was especially pleased by the good turnout at orientation events by upperclass students and faculty members. The Orientation. Committee began in February of 1977. as a group of interested students trying to improve the quality of the first-year program at UB Law School. Joined by some faculty and administrative staff members, they combined their energies and ideas to plan the program of orientation for Fall 1977. Meetings took Continued on page 4 �The construction of temporary parking lots comes as a welcome relief to all the commuters to the Amherst Campus. However, the need for such a measure at this time raises many doubts as to the quality of planning and forethought that went injto this creation. In a climate where thirty below windchill factors are not uncommon.lt seems quite sadistic to insist that all those fools who decide to attend class must brave a good quarter-mile walk across unsheltered field. (Perhaps the architect is related to a frost-bite specialist at Buffalo General?) No doubt the law students of the second and third year have been spoiled by having their own parking, cafeteria (complete with underground entrance hall) and bookstore. These students are now going into shock because there are no parking spaces at 8:35 a.m., longer food and book lines, crowded lunchrooms, and space-age drinking fountains; this has given rise to some very alarming law student demands. Among these are: 1) that a section of the cafeteria be exclusively reserved for law students; 2) that the first two parking areas be designated for law parking only. These requests are unreasonable and unwarranted. The former because it's more fun to sit surrounded by fun-loving undergraduates than grumbling law students; the latter because it could too easily degenerate into a law school caste system, with professors in the first row, Law Review in the second row In closing I would like all to bow their heads'in memory of the wonderful mural on the old cafeteria wall. So many' J of' our tax dollars were indulged in that 'Although the wall rt6"jbhger rst'ands, I wonderful work have been assured that the mural was carefully scraped off the plaster by Mr. Food Service himself, before the wall was demolished. . ... Thank-Yous On a more serious note;4havC/*r>/cwt«affiwoijld'rifc«V mo'friiriV tO thank a'fr'trio'se'members of the administrative support staff who make the law school run. We are not referring to the VlP's whom most students, even the most library-bound, must notice whether they want to or not. We are talking about the individuals to whom we all run when things go wrong, i.e.: "It took me 45 minutes and a crow-bar to get my locker open and now it won't close. What should I do?" "I graduated three years ago and I still haven't received a grade in Tax I. Can-you help me?^ "I'm supposed to pick up the supplement to chapter 7 of the casebook, the supplement to the supplement, and the preface and introduction to the Code ..." "I would like to make an appointment with Professor Al Way Zaut. I work downtown Monday, Wednesday, and Friday; I have classes from 9:30 to 5:30 Tuesday and Thursday, yoga classes Monday night, Trial Technique Tuesday night, Law Students' Consciousness Raising Wednesday night, Curling Thursday night; and I visit my fiancee in Nutley, New Jersey every weekend. When can Professor Al meet with me?" Students actually wonder: why secretaries get upset when they are asked at 4 pm to type a "short" seminar paper (about 57 pages) by 5 pm the same day at no cost to the students. We would just like the staff members to know that we appreciate their efforts to make our lives a little easier as we struggle through the ordeal of trying to get a legal education. to take a journalistic " Editors-in-Chief Editors Photo Editor ' Editor's Note The following is a letter by Jeffrey Licker, originally sent to the Vice President of Student Affairs. It is reprinted here due to its importance to all law students. a completely new budget. This would take five additional 7b: Vice President ofStudent Affairs weeks of the Finance Committee's time, at the beginning will be of\ the academic year when the committee As you might'be aware, the Student Bar Association deliberating on fee waivers which is a topic that the uses the services of Sub-Board as its recognized disbursing university has received complaints of untimeless and thatI agent, and as such Sub-Board has voted to increase said have promised will be taken care of in a timely fashion this disbursing fee. Prior to this change in rates, SBA was being year. Third: that a quadruple increase cannot be justified, charged at a rate of 5% of all monies disbursed. As far as I nor can an 18% disbursing fee be justified and finally, if can trace SBA's budget we have never disbursed more than SBA is not allowed at this time to contract with another $22,000 in any one year, thereby making our maximum disbursing agent, that our constitutional rights to contract disbursing fee to be approximately $1,100. With the and right to due process will be violated. Therefore, on behalf of myself as treasurer, and a present rate increase, SBA will now be billed at $4,000 per year. This figure is almost four times any previous fee and majority of the executive committee of the SBA, subject furthermore represents approximately 18% of our entire to approval of its board of directors, am respectfully 1977-78 budget. I am told that this figure, which is quite requesting permission to seek a new disbursing agent, To large, does not include costs of the Sub-Board secretary make myself perfectly clear, I am not referring to any of which we are billed at $15.00 per month or the Sub-Board Sub-Board's other activities for which we pay an allocati6n allocation fee of $1,200. All in all Sub-Board will be fee, but am only referring to the disbursing function of Sub-Board. receiving approximately 20% of SBA's total budget. ->. My proposal for a new disbursing agent is simply any Before presenting you with my complaints—a~nd proposed solutions, let me set out several premises that I bank which operates a joint savings and checking account am working from which are based upon information and system. All monies would be deposited into the savings belief. First: that the disbursing and allocation fees paid to account by the university and can be transferred to the Sub-Board are completely separate and distinct. Second: checking account by SBA. However, to withdraw»any that if SBA were to hireanother disbursing agent we could money from the savings or checking account would require continue paying the allocation fee and maintain services the signatures of both the agent of the university and the provided by Sub-Board. Third: that to contract with a new treasurer of the SBA. Thus the procedure for approval of disbursing agent, SBA needs the permission of the disbursement would take no radical change from the president of the University or the vice president of student methods now used. Namely, SBA would submit a budget affairs. If any of the above premises are incorrect, please to Student Affairs and we would submit vouchers for approval to Student Affairs. The only two changes would inform me of such. My complaints are several and have greatly disturbed be, instead of an REP, Student Affairs would sign a the executive committee of the SBA. First: we received triplicate; voucher «nd sign a check and instead of sending untimely-notice-of the meeting to determine the proposed ftlVSuVßoard it would be sent to the bank. At the end of increase; this has been disputed by Sub-Board and it is the year or at any time the university sees fit it may audit possible that campus mail is to blame. Second: in any our accounts. Thus, instead of SBA paying an 18% event, Sub-Board voted the increase after SBA had passed disbursing fee, we would be paid interest. I feel that this"is its 1977-78 budget and in fact after the close of the a very reasonable solution which procedurally does not academic year. Therefore, if SBA was to agree to the significantly change the status quo. increase and since there arc no more board meetings until I sincerely hope we can work this matter out as the the beginning of the next academic year, and since we are executive committee will recommend to the SBA's Board required by our constitution to have passed a budget of Directors that they not pay the fee. Therefore, if no before the close of the previous academic year, and are arrangements can be made by September, it appears that required by the university to present a budget by August, the 1matter Will have to be settled in the courts. J w.c,£qjjld .got/comply «4Jth-JWs\jncrease withoutre-writing I thank you for your attention on the master." - No Thank-Yous . 23,1977 SBA-Sub Board Dispute Explained by Former Treasurer Editorials Vol. 18, No. 1 September Opinion 2 September 23,1977 Kirn Hunter John Simson Becky Mitchell Dean Silvers Randy Chavis Staff: Mike Buskus, Lawrence Ross, Sheryl Reich OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the Sute University of New York at Buffalo School of-Law, lohn tord O'Brian Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. OPINION is funded by SBA from Student Law Fees. Composition: University Press at Buffalo *"? I • . ' Can field Issues Challenge to Student Body 7b the Editors: Some Challenges to the Student Body — Dean Headrick has asked me to help develop student life at the SUNY/Buffalo Law School. I feel privileged to be able to become involved with students and student organizations for that purpose. This year I will be especially interested in the problems of student organizations and the SBA, in the Minority Program, in student counseling and in the dual degree program, as well as a variety of other activities. I would like to see the law school student body become "pro-active" as well as "pro-learning." The two go hand in hand: There is, after all, literally room enough for everyone to do his/her own thing. If one wishes to spend the day in intellectual retreat that can be done; if one wishes to turn political, that can be done. My goals, Of course, are not everyone's goals, nor should they be. Yet I have hopes for the law student body. I want it the following way: to be active and exciting i— to be participant based and supportive of student interests and needs to be innovative to be communicative between faculty, students and staff to be outgoing, beyond the law.school to be intellectually stimulating and gratifying I challenge the SBA to represent the wfiolc student body; I challenge each student to stretch his or her interests and become involved somewhere in some way, beyond the nocm; I challenge students to work on their problems until they are satisfactorily resolved; I challenge each student to help build the law student body through a personal approach or through committees or organizational structures;.! challenge students to go after help when they need it. Query faculty, fellow students or administrative staff for help, if you needj/it and when you need it. You should know that the SBA has appointive powers to faculty committees. Nearly every committee from the Appointments Committee to the Mitchell Lecture Committee needs students. - - 'Jeffrey Licker At least three committees arc open at large to students. Students may join the Commencement Committee, the Student Life Committee or the Orientation Committee by leaving their names with Cindy Halm in Room 312. Students who wish to join faculty committees should contact the SBA office on the first floor. The Buffalo Legislation Project, Law Review, Moot Court, BALSA, Women's Law Society, International Law Society, Opinion, National Lawyers Guild, Puerto Rican Law Students Society and several other organizations as weir as the SBA directorate need students' interests and help. An important committee is the Faculty-Student Relations Board, composed to develop faculty-student relations and to solve problems. The FSRB needs active students. One of the tasksof the FSRB this year will be to re-design the course evaluation format. One of the functions of my office will be to serve as a communicative vehicle along withr Opinion for special events related to the law school or student life. (Minor items should be posted on the boards). Bi-monthly, my office will issue law school notices to the student body. Faculty, staff or students who have organizational information may leave it with Cindy Halm for publicizing, providing that it is announced three days prior to the activity and that it is legibly written. I encourage students who want to talk problems ;or ideas over to come into room 31 i, to the Placement Office or room 313, the Registrar's Office. Students who wish to know more about the dual degree, about scholarships, general administrative policies or university affairs can arrange an appointment or drop in as the schedule is open. I hope this will be a challenging year for you as a freshman, junior or senior student. The opportunities for each student to become pro-active are there intellectually, interpersonally and in student affairs. From the administrative end we will be helpful within our capabilities. From your view, I hope that this year will challenge in the past. you beyond what you have experienced Allan L Canfield j Assistant Dean forStudent Affairs Room 311, O'Brian �September 23,1977" Wlkakt Opinion 3 ®ff Tteftt W®gy Short Torts University Plaza University? Carl Cavage announced today that he would fight fire with fife. Unhappy with the treatment he's been getting in the Courts, Carl has decided to give UB a taste of its own medicine. At a news conference this morning, he issued- plans for his new university, University Plaza A & M. The University will be located in University Plaza, and will offer everything from Contemporary Jewish Culture to be taught at the Deli Place to Diseases of the Gastro-lntestinal Tract to be taught at Your Host. Super Duper will offer a MBA degree featuring courses in business and marketing particularly on a large scale * called: Super Marketing. At Cavages own store various guest lecturers will appear: Dr. John will speak on Rock n ' Roll Diseases; The Rolling jjStones on the Sociology of Deviancafand many more. Students will not hav«o pay tuition, but instead will te required to purchase four albums per welk. jf — - — Dear NASA, I am writing to you because I would like to be the first lawyer in Space. NowJhat this Shuttlecraft is operable, I truly believe that you need the aid of a qualified attorney in sending it around the galaxy. Don't get me/wrong, I'm not one of those shuttle-chasers you read about; however, you may need some expert legal know-how in the event that the shuttle does have an accident on the way to who knows where. For instance, say we dent a Venusian Shuttle while parking on Jupiter. As an expert on Extra-terrestial Vehicle and Traffic Law, I could save the Earth an awful lot of time and trouble in the Galactic Court. Perhaps the Solar Police will accuse us of Space Pollution. Once again, I have done much work in Environmental Law and would be invaluable. I have also donea lot of work with illegal aliens. Need I say more? In closing, I would just tike to reiterate, < Amherst's Famous Phoenix Forest. Each year these incredible trees are chopped to ground level. Like magic, fully grown, healthy trees seem to appea instantly from the stumps. (One such tree is shown in background.) Rainbow's Revised Law Student Dictionary Foreword: The Rainbow editors resolved early in the summer to attempt to ease the burden placed on incoming students in adapting to the rigors of law school. As former freshmen who had stumbled over many a Latin phrase, we were especially concerned with the language barrier. We realized that in past years first year students simply did not have the time nor patience to sit down and actually look up the strange new words with which they were confronted! It was with, all this in mind that the editors, in association with friendly Maryland lawyers, developed this dictionary. We believe it provides an alternative source for clear and concise definitions of those terms vital ,to the understanding of most ■"',,':.' freshman courses. ~,;..,-. i,„.ri *«.,* ~,,,, i suutiwu acwurin ijili.if; 9m rtu iiotllliuiih IUOV _ri.UtW-?i lot uwy / i ADULTERY ' . . —,A period following adolescence , Here at the Western New Yorker — A lawyer who bungles cases in a loud voice ANNOTATED CODE - A summary of those few cases in which the Court has followed , ADVOCATE the law. - . ARBITRATION In the interest of time and economy, the parties give up their right to be heard by a judge or jury. Instead, they are heard by persons not qualified to be either judge or juror. CAPITAL PUNISHMENT-A sure cure for recidivism i CERTIORARI - 't - law - One whose prejudice has not been discovered - I agree with what you say, but I will deny to thedeath your right to say DISTRICT COURT EQUITY : A writ designed to make more certain that error rises to its higher level. COMPETENT JUROR DEMURRER .. ,\ - Where the jurisdiction is inferior, but the attitudes are superior - An undefined area where everything comes out all right even in spite of the ESTOPPEL - Illegal procedure designed to draw your opponent offside GOLDEN RULE - Get the fee first - A mistake in your favor HOSTILE WITNESS - One who persists in telling the truth JURIST - A judge who has ruled In your favor PLEA BARGAIN - A time saving device in which the uncertainty of trial is exchanged for thelikelihood of a reversal HARMLESS ERROR - - SENTENCE -The final declaration in a criminal case; it has a definite subject, a questionable predicate, arid, usually, no object TRIAL DE NOVO - A re-trial in which nothing changes but the testimony WARRANTY - A conditional ZONING promise in small print - The proper regulation of other people's property ALTERNATIVES LAST CLEAR CHANCE apply it in New York - _ that I am not interested in chasing shuttles Engineers;" people who chase ambulances if a really good collision should like to be called "Attorneys;" people who there, I would be more than build ugly buildings like to refer to them as happy to pick up that extra work too. Plants. Yours truly, If one notes the two most provocative Cepio Three external areas of O'Brian Hall, one is well From the Folks Who Brought You Fake aware of a study in contrasts. On the one Lake hand is the "planned forest," all but died People who plan Universities should not out (and replanted) (and died out) ..." plant trees. At least this is the theory, of j. "Those trees look like they were planted, Edgar Ligniform, an expert in Fir-Rows. J.. by The Queen of Hearts,'' a? Edgar thought the notion that they should well-known law school cynic. ]~... lyhabVio* plant trees was probably rooted in the fact On the other hand, there is the swamp, that the structures these people build are Home of Skunks, migrating ducks, and now called physical plants. No one knows other social undesirables. This swamp how this came to be so, although it is continues to grow. Its plant life flourishes, probably just one function of the Law of its ducks mate, and its pail is still frozen in Self Aggrandizement (see Much v. More the ground for years of law students to 286 N.Y.S. 2d 19). People who collect come. Swamp we salute you. garbage enjoy the title of \"Sanitation per se, but happen up / The so-called "Humanitarian doctrine" We choose not to Karl Marx, Robert Gordon, Hadley and Hawkins v. McGee, the action in Baxendale notwithstanding, reviewing assumpsit, indicates what aberrations a lack history with a modern, disciplinarian of information about sexuality can really .approach can frequently reveal hitherto lead to. Had the Court been more in touch inexplicable phenomena, legal or with its own sexuality, it would have otherwise. Economic, psychodynamic, dismissed the defendant's counterclaim, anthropomorphic, and mythical-structural knowing that the reason hair had grown on approaches, for instance, all help to shed his hand was the same reason he had light on why certain legal decisions were pimples, was listless, and was probably' made. Wijthout benefit of these tools, they going- insane: He ; was communreatingl would still be considered to be arbitrary, sexually with a member of his own body. ■''•' to laughable, even inane. A recent article in Quite interestingly, the great surge of the Cumberland Law Review led us to the railroad tort cases at the turn of the purveyors of an admittedly unique century can be taken as an expression of a approach. We called the authors, Willie rather free-wheeting sexuality, mostly on Makeit and Betty Dont, and asked for the Great Plains. The trains were allowed permission to reprint parts of their article, to run" across the country in a entitled "Homocrotic and Audioerotic devil-may-care fashion, and not one court could or would stop them. Alluding to the Reinterpretations of History." "Homoerotic," as defined in Brown's need for growth, indeed, they were not to Dictionary of Legalese (Brown is, of be restrained. (The confused reader-- is course, the noted author of Legalese with hereby referred to ;Giorgio dcChirfeo for Ease and Teaching Legalese as a Second symbolic references.) '•'" Smith v. Comm'r., the hobby farm case, Language) is that senseless twelve hours of arguing and posturing which men engage in spoke for those regressive tendencies in this every day, in court and out, and which country who want to make it extremely they seem to derive so much pleasure from. uncomfortable for those people who enjoy "Audioerotic" is actually a species of playing with themselves. There docs, of homoeroticism, enjoyed most often by course appear to be a conflict among the judges, who not only get pleasure from circuits, since Commonwealth v. Malone, hearing themselves talk, at length, but note the Roulette case, indicates that no one is a directly proportionate relationship from too pleased when you play with a friend, volume-intensity of screaming arid the cither. Finally come two cases which signalled pleasure derived thereof. It is necessary to understand the the start of the Women's Movement. interplay between the audio and' Campbell v. Wentz, the carrot case, homoerotic experiences to appreciate what signalled the end of exclusivity contracts, most often accounts for otherwise though it was unclear whether that was going to apply to anything but carrots. off-the-wall decisions. (What follows is a list of the most Peevyhouse v. Garland Coal Co., however, interesting applications of that approach puts us-on firmer ground. Having witnessed from the earth (woman), Ed.) the birth Roto-Lith, Ltd., v. Bartlett, the the parents (Peevyhouses) • wanted the wet-pack spinach case, is basically a evidence of the suffering banished. pre-Griswold last-ditch attempt to make a Garland, the progressive force, insisted that strong anti-birth control statement by the the scars' remain exposed, so that the New England court. Expressing the experience could be seen by all who all-too-familiar attitude of individualistic, profited from the suffering. You know, the not-quite-post-50's America, the message good with the bad. was,> essentially, il the bag breaks, it-syour * ■•*4 * » » Continued on page problem. ' ' - - ' - " �September 23,1977 Opinion 4 Here at the Western New Yorker Continued from page 3 We found the following article in a recent Why Wait, Litigate issue: PUT NEW LIFE IN YOUR REGULAR FOURSOME Has your weekly criminal defense trial gone stale? After prosecuting and defending against each other so often, have the members grown too familiar with each other's games? Here's how to revitalize your matches It was a scene I've seen repeated in criminal courts all over the U.S. The judge, district attorney, defense attorney, and indigent defendant were doing a trial, but were going through the motions as if hypnotized. They, were so bored they weren't thinking. They were close friends and played together twice a week for the past four years. That was the trouble. Too much sameness. Ho hum. They were not only bored but because discouraged and disillusioned they knew they were no better litigators than they had been three years before. Once upon a time they believed that the more they played,' the better they'd become. It hadn't worked that way. No improvement. Blah. One of the attorneys was a friend of mine. Between witnesses I asked her, "Why don't you have fun?" She looked blank. I went on: "Why not liven up your case? Try something different, Break the .. - monotony." Opinion "You mean like dancing a jig, or swinging from the fluorescent chandelier?" "Don't be dense, Jane. I mean using better tactics. Doing some maneuvering. Instead of standing around, force yourself Open House Monday, September 26, 1977 3—spm a little." She looked perplexed as she walked up to the witness stand. As long as I had known her she had had a pretty good cross-examination style. But she never she usually just intentionally varied it plunked the probing question down right in the middle of the court. And then, invariably, she stood waiting to see where the return would come. If it came towards her, within reach, she'd react. Otherwise, she was statuesque. Evidently someone had convinced her long ago that she couldn't or shouldn't advance towards the hostile witness on re-direct examination. I guess she wasn't aware that modern attorneys can take/that tact and feel comfortable. Most attorneys defense attorneys and prosecutors, too allow themselves to fall into that kind of rut. Especially those who are part of a fixed foursome and seldom play with anyone different. When opponents are always the same, there's a big danger of doing without thinking same discovery, same plea offers, same evidence rulings, same offenses. If that The l: irst floor Lounge O'Brian Hall - - Refreshments All interested students invited - - happens to you in your regular group, analyse what you're doing. Ask yourself how you can mix up and get more variety in your caseload. BAR REVIEW COURSE FORUM Representatives from all bar review courses will be available to discuss their programs with interested students on Friday, September 30 at2PM. Watch for posters announcing the location of the forum. L. to R. First year directors Cathy Kaman, Mike Shapiro, Ted Donovan, Patrisha Armstrong, Faith Miller, Missing CharmaineBissell. SBA Elections Continued from page 1 Cathy Kaman hopes to use her position said. Funding of some of the law school clubs-xould be more equitable, according to effect some change in the. status of women in the law school. There is a "long to Bernstein. "I'd like to be in a position to do way to go" before women in the law something with the money so that all the school are accepted on an equal level, she said. students will benefit," she said. !_^ Two common goals expressed by most "There's a big difference between being of the new djrectprs werp increasing a woman law student arid a law studeht," communication between the she said. Approximately 33 percent of the administration and students and finding a A solution to SBA's financial problems. student body voted in the "I wanted to be an active link between total of 241 votes were cast; 95 first year the student body and the faculty," Faith students, 106 second year students, and 40 Miller said. third year students. � Anyone wishing to play tennis Sunday nights at the Spencer Discloses New Library Regulations ROOM stacks, a marker indicating the location of these volumes must be placed in the stacks. Duplicate volumes of the same work are Karen Spencer, Audiovisual librarian not allowed to be kept in the conference and law-library liaison with students, has rooms. All materials must be properly disclosed in a letter to the Student Bar reshelved when the room reservation has Association the official library policy for expired. The audiovisual librarian will reserving student conference rooms in the library. periodically check the conference rooms to Under this system, student groups, such insure that the regulations are adhered to. as Moot Court competition teams, may Noncompliance with therules will result in request reservation of one of the reshelving of the materials and cancellation conference rooms for a period of up to six of the reservation for the room. Rooms that are reserved will have a weeks. When such a room is not in use by the persons reserving the room, it is open notice to that effect posted on the door of to use by all other law students. that room. Student groups wishing to Special regulations apply to any library request such a reservation should inquire at materials that users might wish to the reference desk in the library. All such temporarily leave in the conference room. requests will be forwarded to the When any volumes are removed from the Audiovisual librarian. LIBRARY CONFERENCE POLICY DETAILED Foxes nor Lawyers by Linda Wagner "The town used to brag that it hadneither foxes nor lawyers." from an Anglo-American history textbook — It's from the above quote that local attorney Len Klaif draws the title of his weekly radio program on WBFO (88.7 FM). Neither Foxes Nor Lawyers broadcast Wednesdays at 11 am, features news and interviews on the law. Klaif, who received a B.A. in Economics from SUNY/Buffalo and a law degree from the University of lowa in 1972, contributes his time and talents to WBFO as a volunteer programmer. In private practice since 1973, he hahdles primarily criminal cases through the Klaif and Korman law firm in Buffalo. In addition ,to Klaif's program on law, prospective lawyers should find much of interest on WBFO. National Public Radio's (NPR's) morning news at 8 am each weekday and its All Things Considered nightly newsmagazine at 5 pm daily help the civic-minded /to keep up-to-date on events of public information. Other public affairs and arts programs, weekdays at 11 am and 6:30 pm, often deal with topics of law and social policy. _ -' i - Buffalo Tennis Center i should contact J. Simson • 833-4453, 5 8PM. Prices are very reasonable. i between S—BPM.— iAbout 20 students and faculty or friends are needed Orientation '77 . Continued from page I .Hanny's Eagle House Hotel, of 5578 Main St. in Williamsville, provided free napkins, sweet&low, and coffee stirrers for the coffee hour. The general impression received from new students was that they were glad to have participated in the program, and it is hoped that many more benefits will be the classrooms. derived from the continuing orientation The Orientation schedule came off as meetings for first-year students on Friday, planned, and everyone seemed to gain September 16 and 23 in the Moot Court some enjoyment and/or assistance from the Room. The first meeting will feature a panel discussion and a fluestion/answer activities. The Orientation Committee expressed session. The second meeting will deal with its gratitude fot-the contributions of some curriculum/career planning. individuals and groups. The third-floor The Orientation Committee would like secretaries, Audrey Koscielniak, Cindy taemphasize that orientation is a process Halm, Cleo Jubulis, Linda Nadbrzuch, and whicfKrequires constant re-evaluation and Lilly Nelson, were indispensible. Joe planning >n order to be effective over a Krakowiak, of University Student Affairs, number of years. Feedback from Students gave much helpful advice and also supplies is encouraged, in fact, necessary. A meeting from the general orientation program of is planned sometime in mid-October for the University. Premier Cheese and any students pr professors interested in Gourmet Foods, Inc., of 2965 Delaware improving the orientation' process. Avenue in Kenmore, provided supplies for Comments need not wait Until that time, the wine and cheese party at cost. The however. Dave Brody, Helene Antel, and Doughnut Kitchen, of 2534 Bailey Aye., others 'from last year's committee are •provided half of the doughnuts for the around and are interested in feedback. Tuesday morning coffee hour for free. place throughout the spring semester, and during the summer. In late June, a meeting was held with first-year professors John Schlegel, Richard Bell, L. Thorne McCarty, and Jacob Hyman to plan ways of improving the intellectual atmosphere of the school by creating bettef lines" of communication and relationships outside ' ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-09-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/23/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b0509161fa8f178860fdd145e9be7518.pdf 81b5e7ee93b2cccba8f870d9e2d23783 PDF Text Text HEADRICK, IN INTERVIEW, FINDS FIRST YEAR "REASONABLY GOOD" by Mike Buskus « In an exclusive interview of the Opinion, Law School Dean Thomas E. Headrick surveyed the achievements and shortcomings ofhis tenure as Dean.; Headrick indicated that while he personally felt "reasonably good about last year, [he was] certainly not happy with the departure of a number of important key people on our faculty. But what that did was highlight some of our difficulties and brought them front and center to the attention of the Central Administration." The Dean then pointed with pride to an across-the-board salary increase I for law professors at SUNYAB. Cautioning that it was not as large an increase as was needed, he added that "we still have some problems to work out with respect to some of the younger faculty. They not only need a salary adjustment within rank, but also to cross over and get promoted and then get a salary . | adjustment." Responding to a question regarding what impact Buffalo's ambiguous tenure and promotions policy had on last year's exodus of law professors, Headrick admitted that "it certainly had a very direct effect on a couple of people. Unless we make some progress fairly quickly, it could well have effect on some other people on our faculty." Headrick continued that "it's'a concern for some of the younger people on our faculty now. There's been so much ambiguity in the system that it has created some undue anxiety." > The Dean then addressed the status of the library, Replying to a query as to whether the law library noting thathe was "still concerned about the library. I'm presently had a reasonable expectancy of a steady flow of pleased with the way Wade Newhouse has taken over as funds instead of a volatile year-to-year allocation, the Dean acting librarian. He brings to that job a sense of what the responded that "I can't be overly optimistic on the institution is about and also the respect from the indications I've seen so far. The University President University librarian and others. I think he's doing a [Ketter] and others who make the budget proposals for bang-up job, but it's at the cost of losing a major Buffalo have made the library a number one priority in contributor to our academic program." their planning for several years. If the State decides to act Headrick expressed his hope that the Administration on those priorities, that is, expand resources, then clearly could act on hiring a permanent law librarian "within the the library on this campus will be the first to get additional next month or so. It's tied into the failure of the resources. Clearly the law library stands high on the University to find a University librarian, and the lack of priority list within the system" clarity about what the authority of the law librarian is to Headrick stated that part of the problem was that be in that system." Albany has continued to refuse budgetary increases for Headrick also blamed the inadequate library budget as any unit within the SUNY system. The Dean asserted that contributing to difficulties in hiring a permanent law "in any state-wide allocation system, Buffalo gets hurt by librarian. the standards used because we're a more comprehensive Questioned as to whether the law library could expect University. We have more disciplines and more programs any form of independent autonomous existence apart represented here than at any other State University, so from the SUNYAB library system, the! Dean replied that that other places which may be sitting fairly well with "to use words like 'independent,' 'autonomous,' I don't respect to their libraries don't want change in the system's think so. But, if we use words like 'have control over key allocations which could cut back in their library matters of concern' to the law school and law faculty and resources." law students and the ability to develop the collection in Expressing some optimism library appropriate ways with adequate resources and to manage congestion, Headrick pointed to the impending opening of the staff in ways to serve the faculty and students, I think a library facility in Capen Hall and the eventual opening of we will get some more discretion, some more latitude in Lockwood. the system than we have had in the past." —continued on page 6 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18, Number 2 State University of New York at Buffalo School of Law Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 October 6,1977 PHONEA-THON TO RAISE FUNDS FOR LAW SCHOOL-OCT. 9,10, 11. by John Simson — Law Students take a much needed study break and help the law school raise some money at the same time.The Phone-a-thon needs you. The University of Buffalo Foundation is conducting a Phone-a-thoh to raise money for seven specialized University programs. Commencing with the nursing program this past September 27th, the event is designed to reach alumni who have never contributed monies in the past. Bill Lockwood, head of public relations for the Foundation, spoke with Opinion about the new program. He stressed that this type of program has worked very well at other schools. "I hope that UB graduate and professional schools will gain badly needed funds for various programs through these events," he said. The law school's Phone-a-thOn is scheduled for October 9-10-11. A party at Jay Carlisle's home on September 19th served as the kickoff for law school efforts. A handful Bill Lockwood from the UB Foundation and law students at Carlisle's of alumni and faculty were greeted by a good turnout of students. The group socialized house.' for a few hours, enjoying wine and hors d'oeuvres. Dean Headrick then delivered a short message on the needs of the law school and urged all in attendance to help make the state should have the sole financial responsibility for its support." "Secondly," he Phone-a-thon a success. continued, "people think that they contribute adequately to UB through their tax i Headrick said, "The monies raised could be used to ease the burden of Library and idollars." Unfortunately, the second reason has little merit. The average taxpayer gives orrty Piacement cuts, necessitated by a general lack of funds within the University system." Also he stated, "the Central Administration will be more willing to expend funds once it;about eight cents a year to UB through tax dollars. The Phone-a-thon should help to is shown that alumni will contribute and support the law school's development." iclear up this misconception and hopefully raise some needed funds in the process. Lockwood then detailed how the Phone-a-thon would operate. Each night at 6:15 Hope to see you all in Capen Hall on October 9, 10 and 11. p.m., alumni, faculty and students will be briefed'as to the procedures involved in soliciting and registering pledged contributions. At 7:00, the phoning will begin. There are thirty-five phones to be manned (personned) and all students are urged to by Mike Buskus take part. Carlisle suggested that all students with last names beginning with A—D come Sunday night, those from E—M on Monday night, and those from N-Z on Tuesday night. The SBA resolved its with under which Sub-Board agreed to perform (This is only an administrative guideline, and it is urged that you come whenever you can, if the night assigned is inconvenient). The event will be held in Room 424, Capen Hall on Sub-Board I Inc., at least for the current a cost-study analysis which could possibly the Amherst Campus. Phoning will cease at approximately 9:00 each night; a short party year, when a compromise agreement was result in SBA's disbursing fee being reached between the two organizations lowered below the $3,000 ceiling. will follow. Last year's fee for identical services was The Phone-a-thon is only directed at contacting alumni who have never contributed September 26. SBA entered into the before, and who live in the surrounding areas. "One nice thing about these events," disbursing agent contract with Sub-Board I, $1250. It was due to Sub-Board's initial Lockwood said, "is that, for many alumni, this presents a chance to contact classmates Inc. for a fee not to exceed $3,000. demand of $4,000 (a 320% increase over Sub-Board, in return, agreed to perform last year's fee) that SBA balked at signing with whom they haven't spoken for many years." The University of Buffalo Foundation was set up in 1962, as a fund-raising arm of services which, "will include the cost of the original agreement. the University. Private sources contributed a 6 million dollar endowment in the hope that processing financial transactions, preparing SBA President Jeff Licker told Opinion other private support could be tapped. The endowment was invested, and their proceeds and reviewing budgetary reports and that the agreement is satisfactory in that it pay all the operating costs of the Foundation. This enables the Foundation to provide financial statements, providing bonding gives the SBA time to look into other these fund-raisers while ensuring that all monies collected go to the University, and not coverage for the officers of SBA and alternatives for next year. The possibility towards Foundation salaries and costs. The Foundation raised a little over 2 million coordinating the preparation of the SBA's of a freeze on all student fees was the major factor in the SBA's decision to dollars last year, and hopes that the Phone-a-thon will help reach new contributors to yearly audit." The contract, which was signed for the accept a compromise. It is believed that increase that amount. "There are two major obstacles in soliciting alumni contributions," Lockwood SBA by newly-elected Treasurer Madeline Sub-Board's willingness to compromise was —continued on page 8 pointed our. "First of all, many people feel that UB is a sate institution and that the Bernstein, contained a special provision . < SBA FINANCIAL CRISIS RESOLVED . �October 6,1977 •OPINION 2 Letter to the Editors Editorial OUR FAIR SHARE LEISURE SUITS FOB LAWYERS there is a leisure suit To theEditors ' I'm sure you're aware of the new American Bar Association dress code regulations, which state that all Attorneys, offensive and defensive, must wear their names and numbers on the backs of their suits. Well that really isn't too oppressive, but here's the kicker. If an attorney decides to wear a leisure suit, he or she is automatically disbarred, and the Court takes jurisdiction over the suit If that isn't enough, the Court is then given three options as to the suit One, they can return it to K-Marts for a full refund; which they then hold in an escrow account pending a hearing on the damages to reputation suffered by the Court due to an attorney in the first showing up place; or two, they can return it to Two Guys; or three, they can burn it Now I'm sure if the Street case is really on point in this matter, but I would like to say that leisure suits really have become a national emblem of the silent majority, and I think such a ruling violates equal protection, with or without bite. . In recent months, the law school administration and faculty have spent much times considering the nature and function of this law school. These efforts resulted in Dean Headrick's "mission statement and plan." The Dean presented his proposal for the future of the law school to the Faculty and eventually to the UB Administration. One of his major points involves the choice between being a "garden variety" law school or an Bob Hall innovative One as suggested by the Dean's Buffalo Model. At a recent orientation meeting „ fa crazy kind ofguy 1) for first year students, Dean Headrick called the law school one of the 10 or 12 innovative schools in the whole country. Editor's note: The Street Case adds little or Unfortunately, the reality of the law school's state of innovation seems somewhat nothing to the analysis here. It should be of recent events. The has seen demiseof the Criminal questionable in light past year the further noted that the Court never Justice Program, a popular and innovative concentration for students, and an appallingly mentioned leisuresuits in Its opinion. high faculty turnover. The poor pay and promotional structure of the law school hasbeen at least partially responsible for these problems. 0 How can a law school be committed to innovation when it seems to lack thevery i foundations and resources necessary for imaginative and challenging legal education? All letters to the editors or articles submitted to Opinion must be typed in Admittedly, the administration has worked hard to and had fair success in building 70 space lines and double-spaced or theyjwill not be printed imimi the faculty back up. It has also pledged itself to higher salaries, especially at the low end .. '"* t t of the pay scale. Hopefully such changes would provide the basis for better and more ■i varied legal programs in the future. However, all these plans seem to take for granted that the law school will remain subservient to the wishes of the general UB administration. In a recent interview, Dean. Headrick, in reference to the law library, stated that while die library can not be autonomous or independent, the law school will probably be granted more latitude in by Andrew Consentino ».-., ~„ "thecontrol of key mattersof concern.'' Students should voice their opinions ■<. ■■■ Maybe it's true that we cannot separate ourselves structurally and financially from concerning what organizations and the rest of the University, but look at what is happening to us and to our school. UB law The SBA will sponsor an open meeting activities should and should not have students pay just about the highest tuition of any state Jaw school in the country, even of the student body on October 6th and theirfunds reduced. taking into account that the cost of living is high in the City of Buffalo and in New York 7th (the exact date, time and place will be Looming as a major difficulty next year State ia-general. We pay one of the highest tuitions in the University, and in the.whole announced and posted around the school is Sub-Board's decision to raise our SUNY system. Yet our library lacks adequate funds, and the salary scale for law corridors). The purpose of the meeting will allocation fee. That fee is charged to professors here is not high enough at all levels to really compete with other top schools. be two-fold. We will attempt to determine, underwrite Sub-Board's services to the Last year's tuition increase certainly did not help the law school much. based upon student opinion, what course students, such as the Pharmacy, The The law school cannot even hire a Head Law Librarian because there is no the SBA Board of Directors should.take in Spectrum, the Ticket Office, movies, access University-wide Chief Librarian. Until UB libraries in general hire someone and set up dealing with the aftermath of our money to University athletic facilities, etc. The fee library organization, the law school can do little. Instead, students must lose the services problems with Sub-Board I, Inc. Time will will jump next year from its current level of yet another professor so that, he can run .the library. Why can't the library be .also be taken to introduce to the students of $1000 to $3300 (approximately). The independent enough to have its own. funding.and budget lines, and to hire its own in attendance the candidates for the office combination' of higher disbursing and librarian withoutfear of conflict with any new Chief university librarian? of Vice-President and the two Third Year allocation fees has forced the SBA Board This whole situation demonstrates a University-wide, even a SUNY-wide, notion Director positions that must be filled, and of Directors to the conclusion that we that the law school and its students can be used to support the rest of the system. Even the various constitutional amendments that must leave Sub-Board I and form our.own Sub-Board seems to think that law students should contribute more than .their wi|l appear as well on the, ballot, for the .corporation to serve as a disbursing agent proportionate shareof student fees to payfor Sub-Board's services. October 12thand 13thelections. /S!*t £)§° i to,Pro Y<de, .«vne,Qf the .services ...,;, It is not suggested that the law school cut itselfoff from the rest of the world, the ..■ The SBA, which relies upon mandatory presently underwritten, by- ,our allocation state, SUNY or even ÜB. Academic cooperation is vital to the intellectual community of student fees for the funding of student fee. .j ~..-,,, ;i; any school. Part of the law school's unique innovative quality must come from its activities, is required by law to have a However, to take this step and spend cross-pollenation with other disciplines and departments at ÜB. disbursing agent to handle those funds. less money than Sub-Board is planning on But the cost for this cooperative process cannot be born by the law school alone or Sub-Board I, .our disbursing charging will require the SBA to forgo in disproportion to its sources of support in comparison,with ,the rest of the university. agent-corporation... dominated by the some of the services currently provided. We We will not contribute to the university community nor will we be an innovative law Undergraduate Student Association, cannot take this step unless we are sure school ff our resources continue to be depleted in order to support the rest, of the demanded $4000 from us for the current that the students are willing to give up university. If the law school cannot attain some measure of financial independence, it is year. This was a jump from $1250, and the some of these services. We need to difficult to see how it will survive, either as a "garden variety" or as an innovative SBA Board refused to sign. In the last know which ones are alsoconsidered institution. week, due to our inability to obtain expendable. ;_, .The, students, faculty and administration of,the law school are invited to respond to another disbursing agent on short notice, If we don't leave Sub-Board next year, ~ thiseditorial and to share their ideas concerning the improvement and financial protection we have signed with Sub-Board. Refusal to the amount of funds available to law of thjs law school. ", t/ do so would have meant being unable to school organizations will be cut by a full Opinion encourages all who can attend to help outat the law school Phone-a-Thon disburse any student funds for any 25% from the levels set last April, forcing to be held on October 9, 10, and 11 from 6:15 p.m. to 9:00 p.m. in 424 Capen Hall. activities until a new agent was approved in several groups to fold up shop. Presumably, Student attendence must be high at this event for it tp succeed. If students do not mid-December. Fortunately, the SBA the student body does not want to pursue demonstrate their willingness to work and their concern for the school, other people are Board was able to negotiate the contract that course. not going to be willing to give the law school their financial support either. Besides, how and lower the price of Sub-Board's services We won't know that, though, until you many times have you ever been encouraged to use a telephone and make lots of calls to $3000. tell -us. Come to the open meeting so that when it is not even your phone??!!!!!! See you in Capen Hall. We will be forced to reallocate the funds we may deal with this crisis in an informal which were originally assigned in, our manner and with support from the entire budget last April to make up the $1750 student body. gap created by Sub-Board's action. , . • , . . . . SBA CORNER - . ... OPINION Editors-in-Chief •• ■ October 6,1977 Kirn Hunter John Simsfln .BeckyMitchell Dean Silvers Randi Chavis Ted Firetog Editors • Photo Editor Business Manager Staff: Mike Buskus, Tim Cashmore, Shirley Gorman, Sheryl Reich, Lawrence Ross, Mike Shapiro. Contributors: Jay C. Carlisle 11, Andrew J. Cosentino, Tanis Reid. - ■ Want to scare VjjJ. a or &et friend at a professor with some . .'■.'-.■ j Opinion is accepting, articles, drawing, i! poems, Copyright 1977, Opinion, SBA. Any republication of materials herein Is strictly prohibited without the express consent of the Editors. Opinion Is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed In this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third class postage entered at Buffalo, N.Y. Editorial policy of opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition: University Press at Buffalo. ■ ., . : t Vol. 18, No. 2 - dirges, spells, etc. for coming a . G.AILL@W__IM DSSPI out on November 3. (fi&§>\ i Please turn in any appropriate material by 4PM on Wednesday, October 26 in room 623, O'Brian Hall. ! i i �OPINION October 6,1977 WIDE WORLD OF TORTS: by Ingemar Johansen / this STRIKE THAT FROM THE RECORD and he knows Why.) Rating knows why). — Q++ (and he "Don't Limit My Warranty" and "Brother Stills, Nash, Jaeckle, Fleishman, week, Wide World of Torts a little known publication, The San Mateo ' Record Reviewer. : This The Best Defense is a Good Offense by F. bi-weekly news sheet specializes in music Lea Bailey reviews ofobscure and motionless greats of Many critics contend that "F" peaked a the counter culture. Reprinted with long time ago during his rock opera permission of The San Mateo Record "Patti." I have to disagree. Just like an old Reviewer- (Law Division) are a few of last wine, or an old sock, "F" really mellows month's reviews. with age. He shows a maturity here never before seen on record. The voicings on his Pain and Suffering by Melvin Belli and the "Opening Statement" are beautiful. The syncopation in his poignant "Summing Bluenotes The latest album from this California Up" are a lesson to all young stingers on splinter band once again focuses upon the the way up. great spontaneity of its leader, Melvin Belli. "Thispoor-youngmanoftenderyears, Belli, Whose solo career has floundered of fullofgrand intentions, late, really shows himself to be a true forced to do what he'd never do, master when surrounded by the right by some crazed demented stranger." interviews - players. "Per Diem" is the classic example of the type of piece where other lesser known Tortsmen have tried to imitate the boss' style but have failed miserably. Only Belli, the virtuoso, can handle it. The delivery and timing are superb: "Eyery Second, Every Minute, Ev-ery Hour, Every alive, i Month, of Ev-*ry Yew that she's J - Though the "Stone" sees this as just a "Patti" LP, I think another dimension has been added. The young man is poor and is kidnapped by a right-wing extremist group. (As opposed to a rich wo/han, kidnapped by a /eft-wing extremist group in "Patti".)Bailey's sense of humor is also evident on side two. He opens the side with an old Robert Johnson blues number called, "The Spider and the F. Lea," and then follows it with one of his early classics, "Ever Since I Was a Young Boy They Said Son You're Too Rich to Sing the Blues." Bailey closes the side with the Foiling Stones"Classic hit, "I'm Flee." Rating restatement of his She must live a horrid life without her pan-cre-as How wouldyou feel, How wouldyou feel, If she were you. Don't you think It's worth one thin dime, even a dollar For every second, every minute, CH-. Two new releases are of particular hour, Every day ofevery month ofev-ery year." interest, as they represent the final Copyright 1977 statements of some of the greatest legal Palsgraf Music Inc. minds on record. The first I'm sure you're aware of as the media hype has been The album is just full of beauties like incredible, just last night, his pale face this one. Don't miss, "You Proximately came on the' screen' as the (ate movie went Caused My Broken Heart," or "Everybody offand he said: Loves a Tortfeasor." A remake' of that "Hi, Vm William 0. Douglas. Remember classic by the First Amendment, "Ever those great hits from the Sixties. Things Since My Masochistic Baby Left Me, I've like 'Griswold v. Connecticut?' 'Miranda v. Had Nothing to Beat But the Wall," is also Arizona?' US. vs. One 1959 Roll of Scot included as window dressing. This album is Paper Towels?' Well, now you can own currently "32" with a bullet and is a must these great hits for your very own. Yes, for every collector. (Recorded Live at the this new album, Earl Warren and the Orange County Special Term Recording Supremes Greatest Hits can be yours now. Studios.) Rating H. You'll hear such greats as, Art Goldberg, Abe Fortas, Earl himself, Harlan, Black, Eisner v. Macomber by The Tax Evaders Whiz and so many others... To order This record marks a true departure for just..." Brought tears to my eyes. But I wanted the "Evaders" and is sure to gain them the national attention and prestige that had you to know that the album is not just a been predicted for them. There is a true reissue of old material. These recordings realization oftheir potential on this slice of contain some never before released vinyl. Led by sensitive singer-songwriter footnotes; detailed reasons behind Billy "the Kid" Greiner, the "Evaders" memorandum recordings; and a really great have added a level of sensitivity to legal jam session on their all time classic issues not generally found on today's rock "Certiorari Granted." Rating H+. 'n roll scene. Listen particularly to "My Love's Depreciatin' But I Can't Deduct It!" "My Love's Depreciatin' But I Can't Songs of the Breach by Karl LUlewelllyn Last year in this column, I had the Deduct It, My Love's Depreciatin' But I Can't Deduct pleasure to review Karl's last "45" entitled, "Son of a Breacherman." Well I am even It, My Love's Depreciatin' and I can'tDeduct more pleased to announce, that Karll's label, "Warren T" records, has found even It, And Baby I'm not waltin', I'm litlgatin'." more previously unre leased material. The album's title, as you may have Copyright Strawberry Bridge Songs Inc. noted, is a clever little pun on Karll's last Most songwriters would miss the subtle hit, and this rather bawdy and provocative repetition of the "Evaders" lyric. Yet the title is done no disservice by the music repetition focuses the listener's attention inside. Llewellyn has always specialized in on the fact that the love is not just lusty statutory construction in his music, depreciating once, but every year, year and this is no exception. "Bearers and after year. The political statement is Holders" will probably become the intense. Perhaps President Carter's Tax "Gimme Shelter" of the late Seventies. I Reform Commission will finally tune In to know of no AM station that would dare this issue, and make some long awaited play it with those incredible lyrics. But to changes in the amorization and give you a little taste, here's art excerpt from a tongue in cheek calypso number depreciation of love. The album also contains come great called, "You and Me and the U.C-C." rockers. Give a listen to the screaming "You and me and the UCC, tryinto make Guitar on "You What's Your Basis," or the a living off the law subtle accounting on "You Call That You and me and the UCC, working through 2-313 (a)(4)." Income?" Copyright Section 2-207 One final note. The addition of Kenny Music Inc. "Red Sox" Joyce on taxaphone is the band's greatest new asset. (Whether or/rot he'll be depreciated is another matter... Other fays of' mine on this disc are - - - . 3 Moo^L Can You Spare Fair Market Value of a Sprague, Doyle, Dlebold and Meckler^-^ °ime." (P.S.: at least one of them hates hockey!/ HERE AT THE WESTERN NEW YORKER byS.R. SPACINGOUT ' • In our continuous, effort to remain moderately in touch with the world beyond the law books, we ventured out last week, looking for something topical on which we could report. The' parking situation left us with little reason to look further. We spent a fair amount of time in the last ten days just hanging around the parking lot, talking to, uh, parkers, and trying to get a feel for the dimensions of the situation: Issue spotting in the parkinglot. •. W first thing we discovered was that theissues are about the only one can spot in the parking lot. Save purchasing an already parked car, or being a holdover from the night before, one has very few chances of actually having a goodday if one drives to school. On one particular day, by placing ourselves on the runway which launches unsuspecting students leaving the Law School into a very competitive Seller's Market, we had a clear view of the field. A blue Chevy kept circling, always at an even pace. A tan Volvo was.erratically stopping and starting, possibly in tune to "Boogie Nights." A purple Gremlin was-buzzing by, always darting out of sight. The Chevy was still circling. A woman in a red VW kept calling out to people, "Hey, can I have your spot? Hey, hey!" One person was asking $1 for an illegal spot. We noticed a team of Security guards ticketing cars which were extended past the double lines. As we approached them to discuss the possibilities for land reform, we overheard a young woman arguing with a ticketcr. "Just tell me if I'm going to get a ticket if I'm parked over here." •.' ..■ (. s W i,? "You just got one." "No, that's a hypothetical, I mean, I know that's a car, but it's not my car. Mine is down there, and I just want to know if youj: would dare give me a ticket." "You bevif you're illegally parked." "" ....;,.;. "Where the hell do you'expect me to park?" "Nobody here wants to walk. You could park in the Bubble lot." --vr;..-..: •■..; •. v :>. "I didn't come here to walk,■•■l came here to get an education/ * are guaranteed a "Right The students are guaranteed an education, the professors class to teach, but NOBODY is guaranteed a parking space." '•'• ""' . . ' ' > .... . -,: 'a ,-vfrn -. ir\<tot ...-..•.m■''■• J.•*...->■< •■, QUIZKID The following test was designed by Dr. Milton Bradley at the request ofOpinion. Or. Bradley is a member of the Quantitative Qualitative Analysis faction of the Psychology Department here at the University. Basically, Dr. Bradley designs tests much like the following, which are used generally for diagnostic purposes. This test was designed for the Incoming law student. - Part I: AMI REALLY CUT-OUTTO BE A LAWYER? 1. When the bank closes at 2:45 pm instead of 3 so the tellers can rush out by doyou say: a. Hey, what the f— b. You capitalist-imperialist types are all alike. c. I object 2. When you've called the Department of Motor Vehicles trying to find out the procedure for clearing something up and you've been assured twelve times that you are supposed to do A, but when you get down there youfind out you really are supposed to do B, do you say: a. Hey, what the f— b. Oh, I don't mind waiting on line c. Res judicata 3. When you are in the supermarket and you slip on a broken bottle of ketchup, do you say: a. Hey, what the f— b. Where are the hamburgers? c. Tort! 4. Given the chance to see a film, would you choose: a. Nurses For Hire b. Bailees For Hire 5. In choosing a performance to attend, would you rather hear: a. The 3rd Movement ofBeethoven's Ninth b. Doyle's Move For a New Trial Part II: WHAT KIND OF LAWYER SHOULD I BE? 1. When you take someone out for lunch and he protests that the restaurant is too expensive, you say: a. We can sneak out the back when we're done ; b. I know the loanshark who is gonna own this place soon •>' c. It's deductible * > 2. If you had a daughter, you would name her: a. Miranda _> b. Mabel, and hope that someone gives her Cal Standard for her first birthday c. Lucille 3. If you had a son, you would name him: a. Hadley . ' b. Dudley, but make him a vegetarian I c. Shelley 4. If your child was being recalcitrant, you would: ' a- Remind her that Totten trusts are revocable b. Tell her that the Family Court is in the big blue building on Delaware Avenue 5. If you saw a person about to jumpoff the George Washington Bridge, you would probably say: a. Are you sure you signed the will? b. Uh oh, I hope George is insured c. Hey, somebody better estop him. . ' . �The United States Supreme Court handed down a decision in Jline of this year invalidating Arizona's prohibition on commercial advertising by attorneys. The Court held that Arizona's Disciplinary Rule 2-101(b) [which precludes commercial advertising of legal services] violated the First Amendment rights of two Phoenix /7(7 YOUNEED A LAWYER? attorneys: THE RIGHT TO ADVERTISE Lawyers can publicize their services now, according to a recent Supreme Court decision. Will this newlyacquired right result in more competition arid lower prices for legal services, or in undignified hustling by attorneys? by Mike Buskus Appellants John R. Bates and Van O'Steen operated a reduced-price legal office in Phoenix. They confined their practice largely to routine matters such as name changes and uncontested divorces. Following two years of marginal patronage.by clients, they concluded that unless the volume of their business increased, their overhead costs could not be met. They made the decision to advertise their practice and publicize their scale of fees. On February 22, 1976 Bates and O'Steen placed an advertisement in the Arizona Republic, a Phoenix daily. The substance of their advertisement stated that their "legal clinic" would perform "legal services at very reasonable fees." They indicated their fee scale for four types of services: (1) uncontested divorce or separation: $175 plus $20 court filing fee; (2) adoption: $225 plus $10 publication costs; (3) personal bankruptcy: $250 plus $35 court filing fee; (4) change of name: $95 plus $20 court filing fee. The advertisement indicated that other types of services could also be provided at rates available on request. The President of the Arizona State Bar then filed a complaint alleging violations of Disciplinary Rule 2-101(b) [which provides, in pertinent part: "A lawyer shall not publicize himself, or hist partner or associate, or any other lawyer affiliated with him or his firm, as a lawyer through newspaper or magazine advertisements, radio or television announcements, display advertisements in the city or telephone directories or other means of commercial publicity, nor shall he authorize or permit others to do so in his behalf."] The complaint was heard before a Special Local Administrative Committee of the State Bar, based on procedures stipulated in Arizona Supreme Court Rule 33. After a full hearing, the committee recommended that each defendant be suspended from the practice of law for at least six months. After review by the Board of Governors of the State Bar, according to procedure outlined underSupreme Court Rule 36 the Board ordered one-week suspensions for each attorney. Appellants-petitioned the Arizona Supreme Court for review of the Board's determination. After hearing the appeal the state's highest court rejected appellants' dual claims of First Amendment infringement by the State as well as unfair restraint of competition violative of the Sherman Antitrust Act, Matter of Bates, 113 Ariz 394, 555 P.2d 640 (1976). The United States Supreme Court noted probable jurisdiction, 429 U.S. 813 (1976), and ",' heard the case on appeal. The Supreme Court, in an opinion by Justice Blackman (joined by Brennan, White, Marshall and Stevens) rejected appellants' Sherman Act' claims, but found substance in their First Amendment claims. The Court held that commercial speech in general, and appellants' in particular was serving individual and societal interests in assuring informed and reliable decisionmaking, and consequently was entitled to some First Amendment protection. The suspension of attorneysfiates and O'Steen was vacated. The Court's disposition of appellants' first claim started from the premise that the Sherman Act was not applicable to cases of state action. Blackmun cited Parker v. Brown, 317 U.S. 341 (1943), to buttress that assertion. The. Court analogized the action of the Arizona State Bar with that of the State of California in Parker (in>" fixing prices in the raisin industry). Blackmun cited Parker for the proposition that a state, "as sovereign, imposed the restraint as an act of government which the Sherman Act did not undertake to prohibit." 317 U.S. 341,352. LEGAL SERVICES AT VERYREASONABLEFEES 4_fa ■ mm jmmmu * - or legal septration-unconttited * Divorce [both spouses sign papers] J175.00 plus J7O 00 court tiling tec Preparation ol oil court * tions on how to do I and instrucyour own simple popcri uncontested divorce JlOOOO ' * Adoption-uncontestedseverance proceeding 1225 00 tion coil * plus approximate.!,- 110 00 publica- Bankruptcy-nonbusiness, no conttsttd proceedings Individual 1250.00 plus 15S 00-court filing Ice Wife and Husband 1300.00 plus SI 10.00 court filing fee of Name * Changeplut 120.00 court Ming fee lIS.OO Information regarding other trpes,of cases furnished on request . ———^—' ' M^"^^^^— ' '"■' ' '— "I." ' ■■— Legal Clinic of Bates & O'Steen •IT North I rd Street rhoenii, Ariaona ISOO4 Telephone (t02)112f 111 ;! ...,, .....,V,i "l i A recent Buffalo progeny, pictu at right, indicates that "Bates" format will most likely copied, until such time other guidelines become available attorneys, for determination of what m permissably be advertis The Court then considered two noteworthy exceptions to the Parker state action rule, finding both inapplicable to the instant case. The Court first dealt with Gbldfarb v. Virginia State Bar, 421 U.S. 773 (1975). In Goldfarb, the State of Virginia had approved a county bar association minimum fee schedule. The Supreme Court, in declining to apply the Parker exemption from scrutiny under the Sherman Act, held that "It cannot fairly be said that the State of Virginia through its Supreme Court Rules' required the anticompetitive practices. .." (421 U.S. 773,790) (emphasis added). Blackmun distinguished the instant case by noting that here, unlike Goldfarb, the alleged restraint was "the affirmative command of the Arizona Supreme Court under its Rules. 27(a) and 29(a) and its Disciplinary Rule 2-1-1 (b)." The Court then discarded the other exception the Parker doctrine. Cantor v. Detroit Edison Co., 428 U.S. 579 (1976) was relied upon «by appellants. That case involved a state-regulated public utility. Detroit Edison distributed "free" light bulbs to its customers. The cost of the bulbs was included as a hidden charge in the monthly bills to its customers. Litigation arose when a light bulb retailer alleged that such practices constituted a violation of the Sherman Act. The to �The original "Bates"ad is shown at left. YOU HEED \ DOi LAWYER? legal services at very reasonable ', ;,.4jj_ • REAL ESTATE CLOSINGS Minimum $125 Maximum $200 For Homes Up to $35,000 ADOPTION —$225 •BANKRUPTCY—Non • Business, No Contested • — Proceedings... Individual $250 plus $55 Court Filing Fee. Wife and — 1 Husband—s3oo plus $110 Court Filing Fee. •CHANGE OF NAME—S9S Plus Filing Fee. cWILLS —Simple Wills- -J tured Husband and Wife $25 Each. Information Regarding Other Types of Cases Furnished on Request it the m__—_^_ Vas LEGAL CLINIC NMMMHMM mmmmmmmm. may BUFFALO, N.Y. PHONE: MPRR Court there held- that a public utility could not use the state,action shield where commercial practices were embodied in a tariff approved by a state commission. Bates and O'Steen had argued that the success of the State Bar irt having its Code ofProfessional Responsibility adopted by the State, through jts Court Rules, amounted to a similar attempt to shield such action from a proper Sherman Act challenge. Here, Blackmun again distinguished the instant case from the Cantor decision. Blackmun noted that the respondent party here was actually the State itself, not a private enterprise operating under licensing authority of the State. Blackmun also stated that whereas there had been ho showing in Cantor that the public health or safety interest was involved in the utility's distribution of lightbulbs, "the interest of the in regulating lawyers is especially great since lawyers are essential to., the primary governmental function of administering, justice, and have historically been 'officers of the courts'," (53. LEd.2d 810,822) (quoting Goldfarb, 421 U.S. at 792). The Court then addressed appellants' claims that their First Amendment freedom had been infringed upon. Conceding that the contested advertisement amounted to "commercial speech," - Blackmun stressed the informative role or sucn advertising for consumers. Blackmun saw beneficial results flowing from the tendency of such ads "to inform the public of the availability, nature, and prices of products and services, thus performing] [an] indispensable role in the allocation of resources in a free enterprise system." (53 L.Ed.2d 810,823) (citing FTC v. Proctor & Gamble Co., 386 U.S. 568,603-604 (Harlan, J., concurring) ). Acknowledging the countervailing need to regulate the availability and performance of legal services so as to maintain a high degree of "professionalism," Blackmun proceeded to reject what he termed a "highly paternalistic" approach of states in disallowing dissemination of information regarding available services. Relying heavily on Virginia Pharmacy Board v. Virginia Consumer Council, '425 U.S. 748 (1976) [i.n which the. Court held that pharmacists can advertise, within limits, the prices on certain prescription drugs], Blackmun concluded that: "[l] ike the Virginia statutes, the disciplinary rule serves to prohibit the free flow of commercial information and to keep the public in ignorance." Prefacing its analysis of the propriety of advertising prices for legal services, the Court emphatically noted that no evaluation was being made of the quality of legal services offered by appellants. The Court then proceeded to evaluate a number of arguments offered by appellees to preclude the allowance of price advertising: 1. "The Adverse Effect on Professionalism": Blackmun rejected the contention offered by appellees that advertising would diminish both an attorney's self-pride and the client's trust. Blackmun analogized to the banking and engineering professions which have no similar ban on advertising. Finally, he postulated that the image of professionalism might even be enhanced with appropriate dignified advertising: "Indeed, cynicism with regard to the profession may be created by the fact that it long has publicly eschewed advertising, while condoning the actions of the attorney who structures his social or civic associations so as to provide contacts with potential clients." 2. "The Inherently Misleading Nature of Attorney Advertising": The Court conceded that not all legal services are "unique" in the marketing sense that merchandising is fungible. Nevertheless, the Court concluded that at least for the performance of specific, relatively uncomplicated legai procedures, the prior availability of approximate prices would result in more, not less, informed consumers. 3. "The Adverse Effect on the Administration of Justice": Rejecting the notion that advertising created undue litigation, the Court stated that "ja]lthough advertising might increase the use of the judicial machinery, we cannot accept the notion that it is always better for a person to suffer a wrong silently than to redress it by legal action." (53 L.Ed.2d 810,831). 4. "The Undesirable Economic Effects of Advertising": Disposing of the standard argument that advertising increases the "overhead" costs of the profession, the Court maintained that advertised prices would encourage competition. That would allow the entrance into the marketplace of less-well-established attorneys, to the possible detriment of the market position of established attorneys; but not to the profession as a whole. 5. "The Adverse Effect ofAdvertisement on the Quality of Service": The Court found no evidence that low prices would result in low quality legal services: "An attorney who is inclined to cut quality will do so regardless of the rule on advertising." (Id., at 832) 6. "The Difficulties of Enforcement": Blackniun admitted the possibility that some unscrupulous attorneys —might take undue advantage of advertising to the detriment of unsuspecting or unsophisticated clients who would not be able to "value" the quality of services received. The Court nevertheless found insufficient reason to question the integrity and credibility of the legal profession as. a whole. . . The Court then gave a cursory analysis of the overbreadth doctrine, finding it inapplicable to the area of commercial speech. Summarily disposing of appellee's remaining argument that appellants' advertisement was misleading, the Court adverted to the increasingly sophisticated nature of consumers vis-a-vis advertising claims. Failing to find any "false" elements to the Bates and O'Steen ad, the Court found no reason to refrain from applying the First Amendment. < In dicta at the end of the opinion, Blackmun opined that misleading adver,tjjg*jj» could be subject to restraint. He offered hisconqlusion that claims to quality of legal services "may be so likely to be misleading as to warrant restriction," Id., at 836. Drawing a parallel with advertising of pharmaceuticals he declared that it might be appropriate to limit the "time, place and manner" of advertising. In a separate opinion, Chief Justice Burger concurred with the Court's Sherman Act analysis, but dissented from the'First Amendment analysis. Powell, joined by Stewart, also filed a separate opinion, in which both "concurred in part and dissented in part." While the Powell/Stewart opinion reached the same conclusion as did Burger, it stated only that allowing advertising might lead to "misleading advertisements presenting difficult enforcement." In contrast, Burger declared that allowing advertising would actually be injurious to the general public. Rehnquist's separate opinion reached the same results as Burger's, although it was grounded essentially on the premise that commercial speech was not entitled to any First Amendment protection. ANALYSIS " The long-range impact of Bates is impossible to predict. Will Madison Avenue advertising firms attempt to "package" or "merchandise" the delivery of legal services in the manner or style with which it hawks breakfast cereals? Will the ads result in established law firms discounting the prices of their services? Will the public perception of law as a profession be dramatically altered? As of yet, it is too early to iiriswer those questions. Significantly, the New York State Bar Association has yet to promulgate any clarification of its official position on advertising in the aftermath of Bates. Addressing that question in the September issue of New York State Bar News, NYSBA President Henry J. Smith stated that "we are not preparing any such guidelines, or otherwise reacting to the decision alone." (Vol. 19, No. 6, Page 1, Col. 1). the response elsewhere has been similarly tentative. According to Juris Doctor magazine, the New York Times is declining to accept advertising referring to hourly rates. In contrast, the Los Angeles Times has run a large number of ads patterned after Bates. Probably the most significant impact Bates will have will be that of the profession engaging in a self-evaluation as to what the role of the profession has been and what it should be. Closely related to that point is the question of to whom the bar should direct its energies and offer its services. Bates has brought to the forefront of discussion in the profession consideration of what function the bar should fulfill for middle and lower income Americans. Rightly or wrongly, many Americans have believed the cliche that "if you have to ask the price, you can't afford it." Indeed, an article in the September issue of Juris Doctor indicated that after 35 years of living separated because they thought they could not affof_~_~iawyer, a couple finally.got divorced when a legal clinic advertised prifcesfor divorce. If, in response to Bates, the legal profession reevaluates its role in society and expands its ambit to encompass service for more than its traditional clientele, it will have accomplished a lot; If, as a result of increased awareness of what lawyers can do and how much it will cost, more Americans achieve the legal redress to which they are entitled, then Bores v. State Bar of Arizona will become a landmark decision. �HEADRICK : October 6,1977 OPfftfOYT 6 . .. teaching continued from page 1 ...The Dean then responded to questions about the departure of Placement Director Jay Carlisle. Indicating his personal regret over the loss of Carlisle, the Dean stated that "we'll replace him. I haven't begun to advertise the position, but wHI shortly. I'm sorry about Jay's departure, because I think that Jay has done a superb job. He started some things and set them up in such a way that I think it will be a lot easier for someone else to step in and to expand on the services that we have than it was for him to step in several years ago to get something started." .-.Addressing the problem of filling existing faculty vacancies, .Headrick stated that "Corporations has been a high priority area for the addition of full-time faculty even before Professor Lybecker decided to take a year visit at Duke. We were unable to locate anybody last year despite a fairly extensive search whom we thought was qualified to be considered seriously for a position here. We're going to continue that search for someone in that area. '■--••*-. i _rj Headrick noted that the teaching situation was not yet critical in the Corporations area because "we're fortunate in having several people in practice here who have had - — Dean Thomas Headrick and can teach the basic some' experience-in corporations course. But, I don't think that [the use of part-time professors] is a long-term way to handle that particular area." Listing his priorities for the year, Headrick placed emphasis on "cleaning up some of the looseends from last year, of which there are a number: to minimize the amount of faculty energies that have to go into major kinds of considerations like the 'Mission Statement' and special studies of curriculum which we were engaged in last year; then to begin to build towards some of the innovations we've talked about in the mission statement, by laying some of the groundwork for planning and cooperation.within the faculty. Some of these things will be spread out over the next two or three years..." Questioned as to whether he expected adequate support and encouragement from the Administration in Capen Hall, Headrick noted that he had seen a confidential memo that was circulated by Academic Affairs Vice-President Ronald F. Bunn to all University Deans and Provosts. Headrick termed that confidential draft "very encouraging" for the law school. The Dean elaborated that it represented "probably the ftrst time we have gotten a clear response from the central administration about our goals as a law school, and [it was] a very sympathetic response." ' ORGANIZATIONAL NEWS BUFFALO LEGISLATION PROJECT ASSOCIATION OF WOMEN LAW STUDENTS promulgated by the Commissioner of the Department of by Shirley Gorman Environmental Conservation will also be reviewed. The whether Article 8 of the Act members Project study has marched (BLP) BLP will The Buffalo Legislation How much do you know about your A.W.L.S.; into full swing this semester with 25 new members needs to be amended. submitted Answer the following-(True-or False): by the same project Director, and Another environmental Kirn working on nine projects. John Arpey, Hunter, Managing Editor, worked during the summer and source will be edited by Bonnie Hood. Project members and selecting Ellen Krebs and Mark Bander will analyze the Uniform 1. At least ten opportunities to volunteer in the real early fall' contacting potential world were offered to law students, ranging from projects. The BLP' Is 1becoming quite well known among Procedure Act enforcement powers and propose revisions. schedules, and fine arid writing criminal appellate briefs to ACLU work,from a Research also be on fee will Albany, as done State agencies and legislators, especially in crisis intervention counseling to interviewing high source of quality research and drafting assistance. During on Article 78 appeals in this context. school drop-outs. (These opportunities were to be Dan Kohane will supervise research on statutes in the Fall of 1977, students in BLP will be researching areas posted on the A.W.L.S. door, room 509.) of law ranging from environmental quality to procedures other jurisdictions analgous to the New York State Open '■•■'■ b'.-J'W v areas the New York Statute. Members were presented with three possible projects: and, in 2. problem Law Meetings licensed professionals; for disciplining :.: £?.! assisting battered spouses through the court system, Barry Oster, the other Managing Editor, will supervise Candy Apple ton, Marc Ausfresser, and Jim Kelly will work perhaps by promulgating a handbook for such use; a review of procedures for setting health and automobiles with Dan. Legislation may be drafted, if necessary to investigating a loitering law reform; and establishing a insurance rates in other states for the New York State improve upon and clarify the New York Statute. The rap Access to Records of the New group for women returning to law school after an Ranzenhofer, Board. Michael Committee on Public Public Consumer Protection Jean absence from education. Graziani, and Mike Buskus will work with Barry to draft a York State Assembly is the source of this project; bill supporting a memorandum establishing procedures in John Suda,. editor, and BLP members Stephanie 3. A weekly conversation-communication hour was established by designating each Thursday from 11:30 New York which would ensure the opportunity for public Baynon, Paula Dladla and Deborah Dowling will do research the Erie to 1:30an "A.W.L.S. Brown Bag Lunch," to be held County Attorney's regarding for Office participation in rate-making. in the first floor lounge. Another project for the New York State Consumer an analysis of the optionalfunding choices for Erie County Protection Board will be edited by Leslie Kulick. BLP under the Federal Unemployment Compensation Act. 4. The organization decided to sponsor a Career Night in late October, inviting female attorneys to share their members Janet Lubon, Paul Suozzi, and Andrew Tramont They will make recommendations to the Erie County and the study by Legislature analyze possibility experience with the school. a the of successful in review made recommendations will 5. Margaret Burt was elected secretary and Debbie Carta Board of complaint mechanisms for cases of professional challenge of the law's constitutionality. f These wilt be treasurer at the first meeting of the year on projects completed during examine the the fall 1977 in They procedures also will misconduct. Wednesday, September 28. other states and draft a bill to be submitted to the state semester, and new projects will be selected in the spring. BLP members were selected during the summer of 1977 6. That means the group is now led by a steering legislature. committee consisting of the new secretary and Leslie Kulick is also in charge of a project to establish after writing samples and applications had been filed by treasurer, along with Candy Appleton, Claudia Allen, what the requirements for continuing education for interested students. Students in BLP receive three Nancy Peck and Sheryl Reich, all serving March to licensed professionals should be. Joanna Gozzi, Shirley academic credits upon the satisfactory completion of three November terms. Gorman, and Ellen Conn will also be working on the semesters working in BLP. Information on membership 7. An A.W.L.S. is an Association of Women Law project to review continuing education requirements will be available in the Spring. Students. imposed on professionals in other states and determine, which ones would be appropriate in New York State. S'TrWV'm A survey and analysis of state laws governing farm se umou>( uojiezjucSjo .uimoj- »An.c ue uj Bunedj3j}.ied mortgage guarantee programs will be conducted for a New 3JE no A (p jo Jamj qitM ajes jj Ac|d sAem|e no A York State Assemblyman. Becky Mitchell will supervise !tnni) szjuSosaj Aiaieuuj noA (q :(,<je3ip juapnjs MH| c) (o the project, and Carole Egan and Ann Evanko will work pajwqD noA (c :juBu /_ ||_ joS noA }\ -mix ||y :SV3MSNV with her. The focus of the research will be geared toward All you future Clarence Darrows, take heed. assessing the possibility of establishing such a program in The 1977 Charles S. Desmond Moot Court New York State. Federal programs and the New York hereinafter, Banking law will also be studied to determine how they Competition begins October 3 at 3 p.m. in Room 112. The PUBLIC NOTICE: Let itbe noted thatfirst floor each Thursday pm lounge from 11:30 until the 1 in competition, is open to all first and second year law would interrelate with such a program. O'Brian shall a "Brown Lunch." designated Bag of Hall be students desire the skills of brief and writing who to learn A project will be done to assist a New York State Said lunch is so designated by the Association of Women senator to develop an Industrial Loan Guarantee Program appellate advocacy. Law Students, sponsors of better communication and the Moot ■in New York State. This �will involve a survey of other , This year's final round on November 19, in accessibility; information states' programs and an exploration of definitional and Court, will feature Judge Ellsworth Van Graafieland of the Circuit, with States of for the Appeals Tom United Court Second drafting problems. Becky Mitchell, editor, along Bender and Saul Brenner, will summarize other research Judges Matthew Jasen, Hugh Jones and Jacob Fuchsburg LIBRARY TOURS efforts in the area and will make recommendations to the of the New York Court of Appeals. The competition consists of writing a brief on the The Law Library will offer additional library tours for state legislature concerning enabling legislation for such a behalf of the petitioner or respondent of the Desmond all interested students October 10through October 14. program. ■ Offered twice a day at 11:30 and 3:30, the tours will Craig Johnson will edit a project submitted by the problem case. In addition to the brief, each team Program and Committee Staff of the New York State consisting of two students, will argue his or her side ofthe be given by members of the reference staff. The tours will Assembly. He, along with Linda Beyer, Jbann Parry, and case on three consecutive nights before judges and introduce students to the basic reference materials and Sharon Osgood, will review the State Environmental attorneys in the Buffalo area. On thebasis of the student's services which thelaw library provides. Students cap sign up for the tours at the Reference Quality Review Act passed in March, 1977. The performance in the oral rounds and the grade received on procedures set up by the act will be examined and his team's brief, a student is invited by the Moot Court Desk on the main floor of the Law Library. compared with the California Code. Rules and regulations Board to become a member of the 1978-79 Board. by Becky Mitchell sources. MOOT COURT ************************** - �Qefobcr6;y977 7 OPINIONy ON POINT by Dean Silvers Activist, v.Apathy:"TheTimes They Are A Changln" , interest was the Orientation program. The program was jwell organized, well thought out, and the general consensus was that it was a success.. And like all g%-d public relations acts, the message that was delivered (that -of '•selling** U.B. Law. School) was accepted by the buyers. I am not saying that the program was a total success, but the first year students are active, and as the manufacturers of pet rocks might say, you cannot argue with very .clear, and everything was obvious. The two need not be mutually exclusive. Rioting, electrifying propaganda, On the contrary, by nature they Being a law student at U.8., or with inflammatory anger, etc. Alt was complement one another, and from this apologies to James Joyce, "Portrait of a simplistically open and linear. Whereas the angle we can attempt to lessen the grip Law Student as a Young Person." This one 70's, unlike the 60's, is a time of apathy has had in the past oh this school. phrase can, and has, elicited a myriad of "psychological revolution," of "internal We must relate more to the internal needs emotions, thoughts and transmissions seduction rather than direct and desires of the students than to throughout the years. I offer no great confrontation." We now deal in the many outmoded political "sloganeering" or answers to the questions of the "human complex layers of consciousness and cymicism of the 60s. We must approach it drama" of law school life, but I do believe internal action. The success ofall of those as such. The orientation procedure is an that there exist in our environment certain "Vm O.K. You're 0.X." books exemplify example of the possibilities that are open cultural indicators, and these indicators success. "*jfe:.^ this change. However, the message for us to to us. The potential is ours, we are just need to be brought to our attention to help Attitude is essential, particularly in realize is that this internalizing does not using outmoded tools, and the time is now. us become'better aware of ourselves and such a closely knit atmosphere as the law cut oneself off from active participation. cognizant of the advances we can make or school atmosphere. Orientation is the.first have made. encounter these students have withllfcfc For a substantial happening has been school. Expectations and poVbtiitfjfy going on at the law school this semester in perception formulations are at their highest regard to first year law students, and it level, and thisjs the critical stage of points out a critical lesson to be learned in future law school perceptions. A job attempting to better the atmosphere at the done, as seen by this year's orientation, law school. reaps many benefits. Dean Headrick; Dave Perhaps it is a bit too early for this Brody, Helene Antel, et. al., must be exactly relevant to the issue "at hand" (e.g. by Mike Shapiro arm-chair "philosociologist" to give his thanked for their ability to come through Hawkins v. McGee: 84 N.H.114, 146). I perceptions of the first year class, but in this area of critical importance. With many of us having seen The Paper ■ have had about all I could stand of reservation has never- been a trait of the ferhaps my perceptions are incorrect, Chase, and myself having seen it twice,-I 1 insensible babble by pseudo-philosophers arm-chair "philosociologist." ;. <$ and apathy will sweep in like a blizzard. If find it remarkable that tHe supply of lawft who wereu ever-present; in mj- my The cultural indicators 1 have used to So, men we must ask another q_estiorf. derrfW: undergraduate discussion "cdurses/mank gain perceptions of the first year class are Just exactly where along the line does this Well, we all weaseled our way in, and nowv you, members of the admissions committee not academic, -but rather they are related disillusionment develop, and what can we we're full-fledged law students; which only/ and American Bar Association, for assuring to the activities outside the law school do about it? t ' /"'"-- \" jgols |o/gshow ithjft sixteen Real's 'off me (finally!) that the people 111 be dealing classroom in the Law School. First year This brings to mind a general point education is .bound toI with for the rest of myjife have brains. students have been coming out in record which must be made in this connection. warp young minds. I've basically "spoken my piece*'' now, number for numerous law school activities. There are_ those who believe in this school Fortunately, our professors are quitec but I have just a few words of advice I feel A sparsely advertised Opinion meeting was and participate actively in its related different than old man Kingsley. ■(Whos I should impart to those of my fellow attended by many new members. The activities in the hopes of bettering the would have guessed that that guy with thec classmates who may still be having trouble International Law Society also had a good, conditions around us. All too often they long hair and sloppy., clothes is aa with adjusting to legal terms. Folks, don't turnout of new members. TftereweM'many are encountered by thefoe we call, for lack i i professor?) And their "Socratic Methods""worry about them. Legal terms are new faces at a recent National Lawyers of a better term, apathy. And all too often are not as traumatic. Only a few of us haves cornbjnations of t>yo or more trivial Guild meeting. The Law School Intramural the apathetic ones defend themselves by i been involuntarily> volunteeredifor. publicS fjoglish wfpjds, often, wjifcli Basketball league's maximum of 16 teams defining themselves as part of the social')I humiliation in class, the: rest, of us havesi have lijsj£ or no .st4>starrtiabmeaningH'i> «J»e. was met within the week. Interest inthe class of apathy, a moral-psychology volunteered voluntarily for publicc English language. As legal terms, they mean Moot Court Competition, although not yet spawned by the outgrowth of disillusion humiliation. Which, further shows howv even less as language. They do have great publicly announced, has been the focus of and cynicism of a post-"active sixties" .warped our minds are. I am one of thosec financial meaning, however. Remember, much attention/The list goes on and On. generation. But such an occurrence as we who hasn't been involunteercd yet (I darec lawyers get paid by the word, with bonuses more, letters, as-in are seefng ih thelaw school i& an'important you,.Kate!), and I'm wafting with batedd for words, of .*sp'ebttl_W'.''tH_tn "the* 1■'■'iStf-mV*-niifcHt brgart iiWWn." fa e'm'selvei'' _re mohi' step 'in specifically rtegktirig' dr'proving" ''WeatKirormy'ftftßd 'ideathV' -'■■'■ ■■-'•■- ' Scrabble. In the light of all this would you i' ° -•'•■ On the subject of class discussions, lett be surprised to learn that a lawyer madeup "together," rarfd _&■ is why 'so mam/ new wtong this theory or psychology; students are interested. But I see no real The sixties was i Very different time hie complimentl the admissions committeeethe meaningless word new differences in terms' of publicity and from the seventies. As Jerry Rubin said at on picking a group' of students who at leastt "supercalifragilisticexpialidocious?" That recruitment in these groups since last year. Squire Hall last week, "theeOVwas 1 ttrhe0 hay sorrietWng''J intelfigent -to-sAyi 'evenn man grossed a million dollars on iti Move lirnwm s gniik>qqw 'lid I feel that a primary reason for this of direct confrontation." The issues were 'though' our' -comments are"' riot t_»wayss "law school!.>'. !io;;.;.d ■■■'-':. ■::■■;:. |Uq ~| .j:r nu bnJCI ':•'■■::,■ ii-jfe.V ■■•■»;* .' '/ i :.: ■ ■ .1 - FIRST AND SECOND IMPRESSIONS . ! ■ .. . - * ' ; : ' < > < '. • . . '' ' ~ Phone-a-thon and other news from JAY ; . CARLISLE students will act as coordinators: Debbie the persons ; wrjo will be how to make maximum use of, faciJitiesj'n Wright, Louis Faber, Paula Dladla, John benefltirjg from our jnjrYdrraising prpgr'arps the Placement Office, AU, students, are On October 9, 10 and 11, a special McKirchy, Diane McMahon, Larry Karst, care enough to donate some oftheir time ~,encouraged to attend workshops and are it is absolutely invited to note schedules for the same in series of Phone-A-Thon fund-raising; Marc Ausfresser, Mike Talloh, Vicki to the Phone-A-Thon receptions will be held in Capen Hall, Edwards and Alice Mann. On Tuesday i essential that we have at least thirty the Placement Office. Room 424, from p.m. Capeni October 11, the following students wi|( act students participat'mg, eacjievenjng." / On-campus interviews will continue to Mjchaef.,,, Hall is the Central Administration Building;as coordinators: James be held during the months of October and to the immediate left of the Law School Risman, James Sheldon, Jim Tujjpen,' November. Firms interviewing in, October (Christopher Baldy Hall is to the Susan Vanderiinde, Tanya Miller, Mark and November are: Hodgson, Russ, Pearce, Roslyn Lipton, Tom Connelly, immediate right). Andrews, Woods and Goodyear (October The first annual U.B. Phone-A-Thon is Sharon Osgood, and Chet Smalley. 10); Jaeckle, Fleischmann and Mugel chaired by Assistant Dean Jay C. Carlisle, All other students interested in (October .11); Phillips, Lytie, Hitchcock, 11. Its purpose is to raise funds for the Law supporting our ?activities Blame and Huber (October 14); Federal School. Communications have been sent to should try to appear in the following Trade Commission (October 21); Office of all U.B. law alumni in Western New York -order: Sunday, October 9, persons with the Staff Judge Advocate, Brooklyn notifying them of the Phone-A-Thon. On names from A to D; Monday, October 10, (October 21); Kings County District Sunday, Monday and Tuesday evenings, persons with names from E to N; Tuesday, Attorney's Office (October 21); Lynn and Lynn, Albany (October 25); Bronx County the Law School students will meet in October 11, persons with names from O to Placement Activities Schedule for Fall '77 •* Capen Hall with members of the U.B. Law Z. In the event your schedule does not The U.B. Law School Placement Office IDistrict Attorney's Office (October 26); Alumni Board of Directors to place permit an appearance in accordance with has planned a series of programs to be INixon, Hargrave, „ Devans and Doyle telephone calls to alumni asking for the above schedule, please feel free to presented during the months of September i(November 3); Department of Justice pledges. The money raised from 'this event appear on another evening. and October for the benefit of most I(November 3 and 4); and the U.S. Marine Twenty-six members of the Board of students interviewing during the fall ICorps first year students (November 21). will be used to support the Law School The Law School Placement Club, whose library, the Law School placement program Directors of the Alumni Association have, season. Included in such programs are a and many of the Law School student agreed to appear during the three day special series of placement seminars and Imembers consist of Lawrence Cohen, Tom organizations. U.B. law alumni have had a Phone-A-Thon. We plan to spend two workshops for first-, second- and third-year IConnelly, Richard Epstein, Steven Errante, positive response to the program. It is hours on the phones and then adjourn for students. In addition, interview workshops ILouis and Gail Faber, Marc Ausfresser, reception. for seniors are being presented, as are mock IPaula Dladla, Joanna Gozzi, Terry llardi, informal cocktail essential that students support the program an by attending the Phone-A-Thon on one of Phone-A-Thon participants will then have interview sessions for all students. The ILarry Karst, Alan Lichtenberg, Jeffrey the opportunity to meet with members of mock interview features a simulated ILicker, Roslyn Lipton, Diane McMahon, the three nights it will be offered. The following students will act as our Board of Directors of theLaw Alumni interview between third year law students John McKirchy, Tanya Miller, Douglas coordinators on Sunday, October 9: A viva Association. and a law firm partner. IMott, Sharon Osgood, James Paris, Michael Phone-A-Thon instruction letters can be Placement workshops are designed, to Risman, Bob Shaddock, James Sheldon, Meridian, Andy Cosentino, Jeff Licker, David Alexander, Madeline Bernstein, obtained in Room 309. Students are urged familiarize students with (1) history of law Judith Sillari, David Smith, Jim Tuppen Marcia Davich, Larry Cohen, Mike Buskus, to participate in this activity. Carlisle said, placement; (2) creation and use of a and Susan Vanderlinde, will also -be Terrie Benson and Brenda Bodenstein. On "If we do not have a strong turnout of resume; (3) interviewing techniques; (4) meeting during the fall to make plans for Monday, October 10, the following students, our alumni will not believe that employers' procedures for hiring; and (5) the sponsorship of Career Days. PHONE-A-THON ,j , : - . - ■ lavbinviiL nviniiivj _—_-i •«« ■ «■■■ - . �October 6, T977 OPINION 8 FACULTY PROFILES: Alfred S. Konefsky by Lawrence Ross Alfred S. Konefsky: The man has a way with words. What else can explain this writer's hesitancy to grill Professor Konefsky on a variety of issues ranging from his attitudes on teaching to his date of birth? But how could a hometown boy possibly be objective in his article when his subject unabashedly admits a certain fondness toward the oft-maligned "Queen City"; The question is, of course, rhetorical, and it naturally follows that the tone of this piece is favorable. However, it would be difficult not to maintain this x attitude toward Professor Konefsky. Section Three's new Contracts professor captures his predecessor's bubbly enthusiasm, willingness to experiment and consideration for the needs of his students. Konefsky is enamored with the concept of the communal law experience. The idea is especially appealing to him as students are permitted, under the format, to see early in their law school careers connections across doctrinal lines between courses. .This immersion into cross-doctrinal patterns lends an important aspect to the first-year student's experience. Konefsky has not previously taught a Contracts course, and so does not feel constrained in following traditional approaches to the material. Although reluctant to discuss his plans for the semester in detail, perhaps in fear of "previewing coming attractions," he did wish to stress his concern for students going beyond the four corners of the law. ! "Contracts law," he emphasized, "contains much hidden ideology," and he is more concerned with ensuring student perceptions of that ideology than a" focus on the r ules of law, which he feels is a relatively simple task. Aside from Contracts, Konefsky fs jointly teaching, With Professors Schlegel and Lindgren, a seminar in Law and Development In the spring, Konefsky will be introducing a general survey course on American Legal History from the Revolution to the Civil War. His goal will be to show that shifts in political theory, occuring in revolutionary times, had a significant impact on legal theory. By using contemporary economic and social histories, students will come to understand how such changes in legal theory shifted legal doctrine. In addition, Konefsky will be offering a seminar in the Origins of Judicial Review, which will focus its attention on England from Tudor days to about 1800. Konefsky almost did not decide to enter the world of law. Following his graduation from Columbia College in 1967, he seriously entertained the notion of entering graduate school in art history. However, he ultimately enrolled in the study of law at Boston College, where he matriculated in 1970. Konefsky represents the "new breed" of law professors. His major field of interest is American legal history, with particular attention to the Nineteenth Century. Until very recently, law professors did not consider this field to be a justifiable addition to the curriculum. This attitude towards legal history has undergone considerable change. In fact, one of thecriteria upon which Konefsky based his decision to relocate here was U.B.s encouragement of research in the area. " Konefsky has just completed seven years of research in Massachusetts, editing "The Legal Papers of Daniel Webster." The first volume, containing over 600 pages, is due to be published shortly. A second volume is planned. For the purpose of retaining his substantial responsibility in the publication process, Konefsky has retained his affiliation with the Webster papers. The book differs significantly from prior efforts in that Konefsky has attempted to integrate the notion of a 19th century law practice with doctrinal analysis. The SBA.. SBA's disbursing agency immediately, continued from page 1 so that the Student Bar Association and due to fear that if the Law School refused those organizations which are funded to sign, all professional and graduate through the SBA (including the Opinion) colleges might soon form their own can utilize the funds which have been disbursing corporation, thus damaging appropriated for them out of mandatory Sub-Board's financial credibility in the student fees. University community. 10%OFF ON Polity, the Medical School Student LAW STUDENT RESUMES Government, also signed with Sub-Board IBM Composer and typing available due to similar time pressures. Polity did tell H&H Quick Copy Center, Inc. Opinion however, that the current agreement with Sub-Board is unsatisfactory 3342 Bailey Aye., Buffalo, N.Y. 14215 and that a committee has been formed to 838-8510 investigate alternative disbursing agents. Broadway, Buffalo, N.Y. 14212 1630 Mcd School student group added that JThejoint 892-1555 a effort with Law and other Graduate Also Specializing in Legal Briefs programs would be welcome.d. arrangement is to take effect Some law students enjoying the scene at the Law School's 90th Birthday Party put on by the Dean on September 30. ORIENTATION FOR FIRST YEAR STUDENTS CONTINUES by Tim Cashmore He said that he hopes to begin adding a social science perspective to even some A handful of law school freshmen first-year survey courses. "To make this showed up for the second in a planned possible," he said, "I expect to hire two series of continuing orientation meetings; new faculty members in the spring and held on September 23 in the Moot Court three more next fall." Room. Boyer expanded on the Dean's theme Continuing orientation was a response by telling students that they will have a to past criticism that freshmen and chance to broaden their backgrounds when transfers needed more orientation than they choose etectives. they could get at the beginning of the He noted the options available within semester. the law school, such as seminars, clinics But Associate Dean Barry Boyer and independent study. "Outside options," estimated that only about 10 per cent of he said, "include such things as internships the first year class attended the session. "I ; and courses from other colleges within the guess the other 90 percent of your class is i university." adjusting to the school without any help," Boyer warned students, however, to he said. imake sure that they took into Those who did show up heard Boyer, i consideration their graduation Dean Thomas Headrick, and Assistant irequirements when planning a curriculum. Dean for Placement Jay Carlisle promote Carlisle said that only about a third of the law school's positive features. Students I the law school's recent graduates stayed in also heard pitches from representatives I the Buffalo area. He concluded, "We're of the school's various extracurricular inow a national law school." activities. He urged first-year students to attend Headrick told the gathering that the law ithe Career Days offered by the Placement school is one of about 10 or 12 in the Office and to make themselves aware of country that stand out for their ithe office's services. innovation. He talked of the Buffalo Model Representatives from nine student for legal education which, he said, is a (organizations, including Law Review, Moot departure from the traditional programs ICourt, Buffalo Legislation Project, followed at most schools. /Association of' Women Law Students, "You shouldn't be afraid," he said, "to Opinion, NYPIRG, National Lawyers' participate in experimental courses. Resist (Guild, International Law Society, and the the temptation to fight broadening your 5Student Bar Association, also spoke at the perspectives." tmeeting. Those who spoke explained the The Buffalo Model, according to aactivities and function of their particular Headrick, aims to incorporate clinical ggroup and suggested that extracurricular the legal ,—C——l—M—Jl■ , ■ into the legal curriculum. * .'. educafion of tne cTajsroom. , First-year law student Faith Miller and Prof. Michael King at Phone-a-Thon kickoff. -YAIVJER APPLICATION ANNOUNCEMENT *+—o—o*+oooooo*oo+**+ooooooooo *» 0000 000000000000000*0 Confidential Fee Waivers (of the mandatory student fee of $16 per Semester) for students demonstrating financial need will be available starting Oct. 5, 1977 from the SBA Office and at the 3rd floor Admissions Office. < < — . . » I. . ~'.'* If—fc_»_l— v -.r - ■ These confidential applications must be returned to the SBA between October 12 and October 14. Specific instructions for applications for waivers will accompany . : the applications. '■ ■ :'- ,_,., :. ..-„.. , I * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-10-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/6/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/abdf8959302f07fd60e24c55e3b6f71a.pdf 9d7ed0f30362f6db11e5bfcb7fdd1c46 PDF Text Text SBA Elections Third Year Turnout a Surprise A record 90 third-year students turned President finished out the race as follows: respectively. There were 18 write-ins, out for the second round of elections held Dwight Saunders received 51 votes, John Another third year directorship is now by the Student Bar Association this Batt 40, and David Alexander 24. The Vice-President's office had been vacated by Aviva Meridian earlier this sejnester. Gary De Waal, running unopposed for Second Year Director, won with 31 votes, though 25 "no" and write-in votes were also cast De Waal takes over the position The elections were held on October 12 resigned by Larry Cohen. and 13. In the only real race of this Joseph Rotella and Paul Lukin ran election, Brenda Bodenstein emerged as the unopposed for the two vacant Third-Year victor in the contest for SBA Vice posts created by the departures ofAlice President, receiving 98 out of the 216 votes Mann and Michael Tallon. Rotella and cast. The other candidates for Vice Lukin received 32 and 30 votes, semester. These fall elections have been necessary for the most part to fill vacancies in the SBA caused.by recent resignations of officers and directors, and by the resignation last spring of the then newly-elected SBA president Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18, Number 3 unfilled because of Bodenstein's election as, SBA Vice President It is not clear at this time whether or not the SBA will hold-yet another election this semester to fill that place. Four amendments to the SBA Constitution were approved by large voting margins: Amendment 1 won 167 to 15; Amendment II 144 to 35; Amendment 111 155 to 22; and Amendment IV 156 te 24. The texts of each of the four amendments and an explanation of each Continued on page six New V.P. Brenda Bodenstein - - - - Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 October 20,1977 State University of New York at Buffalo School of Law Phone-a-Thon a Success: Over Seven Thousand Raised by Tim Cashmore because of the state's recent "You must have the wrong number." "1 don't like what Nelson Rockefeller did to this state." "Everything out at that school is too'left-wing." These were among the reasons why some people contacted during the UB Law School Phone-a-Thon refused to donate £_________*_Began t° gather each*evening"shortly after 6:00. — "There were two important placement programs, library things about the students," he acquisitions and scholarships to said. "First, by their enthusiasm, attract promising students. Dean they let the alumni know of the Thomas Headrick will decide how school's real needs. Second, by to allocate the monies raised. their presence, they stimulated the alumni who were there." The hope was that these funds, Potential contributors were raised specifically for the law $25." In three nights of calling from told that their donations would be school, could provide some of the October 9to 11, '224 alumni who put toward three law school needs services that have been cut back had never donated to the law school before found they could Open Meeting afford a donation, and a total of $7381 in pledges was raised. This total represents more than has been raised by the phone-a-thons of any of ÜB's other schools. by Kirn Hunter Phone-a-Thon chairman Jay C. Carlisle was happy with the results 'This meeting was worth it even if only 5 people did show up. At of the fund-raising effort. "We raised more on Monday night than least 5 more people know more about what is going on' in the law they did in the football school," concluded SBA Secretary Andrew Cosentino, noting the poor turnout at an open meeting for law students held by the SBA at 3:30 phone-a-thon," he said. "I'm highly impressed by what pm in Room 209 on Monday, October 10. Nineteen people actually attended the meeting, but 14 of them the students did," he added. About 50 students volunteered were either present SBA members and officers, or candidates for the for at least one of the two-hour SBA elections held on October 12 and 13. The meeting was held to phoning sessions. Students clear the air about several SBA problems, to organize a lobbying effort made up the majority of the in Albany, to introduce the SBA candidates 'to students, and to allow volunteers, but faculty members students to present grievances or questions. Most of the discussion at the meeting centered on the financial like Prof. Jacob Hyman and alumni like former mayoral structure of the SBA and on its continuing feud with Sub-Board over candidate Les Foschio seemed to allocation and disbursement fees. (For those ofyou who are not aware have more success soliciting of the fact) Sub-Board I, Inc. is the UB student corporation headed by a board consisting of the undergraduate Student Association, the pledges. "It has to do with name Graduate Student Association, Millard Fillmore- College, the Dental recognition," said Carlisle. School Association, the Medical School Association and SBA. This "Alumni are more likely to summer, the majority of the Board decided to raise the disbursement respond to someone they know fees for some of the Sub-Board members. Last year, SBA paid $1,200 for Sub-Board's disbursing services, this year, the SBA was asked to than to a student." Still, Carlisle insisted that the pay $4,000. SBA initially refused to sign a disbursing agent contract students had played a vital part in for such a fee. SBA was not able to arrange for another disbursing agent in time to make this year's funds available to meet SBA's the Phone-a-Thon. money. such discouraging But responses were offset whenever an alumnus replied with something like, "Geez, I'm just starting up a practice and moneys kind of tight. But I guess I could afford Bill Lockwood of the UB the ..group that originated the Phone-a-Thon for the law school and six other university schools, kept a running total of the amount pledged. All monies raised will go to those programs, since there were no overhead or incurred costs in running the Phone-a-Thon. Since quite a number of alumni declined to pledge a specific amount, but said that they might send in a donation anyway, it is hoped that the eventual total will be well above the original $7300 Those who wanted dinner were given a cold sandwich and macaroni salad along with instructions on how to make calls. The telephoning started promptly at 7:00. The students approached their first calls with some timidity and stuttering over their prepared pitches, but as the night progressed and they became accustomed to their targets' responses, their security increased. Dean Headrick circulated ' pledged. Carlisle said that the project among those manning the 35 phones situated in a fourth-floor was so successful that something room in still-uncompleted Capen like it might be tried again,' Hall, answering questions of although he did not know exactly alumni that the volunteerscouldn t what would be involved. - SBA Explains, But There's No One to Listen , . . immediate needs, so a compromise agreement was worked out with Sub-Board. A new contract was drawn up in late September whereby the SBA would pay $3,000 in fees to Sub-Board on the condition that Sub-Board perform a cost-study analysis which could result in a lowering of the disbursing fee. The results of that study should be forthcoming within the next few weeks. Cosentino went on to explain the SBA's relationship with Sub-Board and what the future of that relationship may be. Continuing to remain Jn Sub-Board does not seem to be likely. 'The votes on the Board are allocated as follows:" Cosentino elaborated, 1, Medical 1, and "SA gets 5 votes, GSA 2 MFC 1, Dental SBA 1. Since SA and GSA usually vote together, they have control of the Board, usually at the expense of theother organizations." The alternative seems to be for the SBA to make firm plans to get a new disbursing agent. Unfortunately, the SBA is not large enough to sustain the costs of an outside disbursing agent on its own. However, both MFCand the Medical School have expressed an interest in uniting with the Law School to hire a new agent to disburse the funds of all three groups. With the aggregate budget of all three, paying a new disbursing agent would be feasible and probably cost less than Sub-Board's services. It remains to be seen whether such a plan will be carried out and, if it is, what Sub-BoardTresponse will be. Sub-Board performs another function that affects the law school. It provides a large number of student services such as the Pharmacy, Continued on page eight - - - - �The President's Comer Editorials RDeaoleyAC snbod are? improve things at all. You should Secretary, in general, for his fine keep in mind that the officers and work in reorganizing the SBA for directors of SBA are also law this year, setting up our new fought sixties, the students In students, and their time is as office, and, in particular, for The Opinion believes that faculty, students, and administrators j, hard for the right to have a say in should begin work on a new project: New and workable admissions, .the determination of policies valuable as your own. On their running the various elections and only so student meetings that we have criteria. It is uncertain exactly how Bakke will affect us. Regardless of // 'relating to their education. Today, own, they can accomplish that, this school is painfully in need ofa better admissions "T in large part, we have that" 'much. Student support is held this year. Unfortunately, highly visible and Approximately fourVfifths of each entering class are curtfewrtf,' right that our necessary to keep a strong student despite selected by the automatic admit computation. Essentially the process predecessors fought so hard to voice in law school policy. The thorough publicity, very few requires that an applicant's G.P.A. be multiplied by 200, i.e., 200x3.5 obtain. We have' equal recent rash of resignations among students attended the open @ 700, and then is added to his/her LSAT score. This total is then representation on virtually every SBA officers may be directly meeting sponsored by the SBA on 10th. As a compared to a prearranged number. Those above this number are faculty committee which attributed to the discouragement Monday, October result, the Board of Directors will admitted, those below, either rejected or wait-listed. formulates law school policy. We of SBA officers on this score. In any event, I would like to have to formulate important Perhaps it is admistratively convenient. But we should demand have regular and forceful that this "easy way" admissions policy be terminated. If we are to ■communication input to the law thank the students who spent ten policy affecting the entire student minutes to be interviewed for body without significant student believe in the'N'B<iffalo modef" law school, we must then seek but {scjhpql's administrators: students who are interested in innovative programs and ideas, and not it _iJj>e_rs that' 'positions' oh the various input I hope that students will attend 'now that we have these rights, the cbmmltteesl Their interest, and just "garden variety" legal education. The "Buffalo model" will not succeed in a school where people student body is taking them for the commitment of the SBA the SBA Halloween Happy Hour complain that New York Insurance Law is not being offered; or that granted. Whatever strength that Appointments Committee on Monday, October 31st, and the not enough "real" law school courses are being given because some we may have had is gradually members who spent an entire large party tentatively scheduled weekend interviewing applicants,' for mid-November. I hope that faculty member is experimenting with a new course. The faculty and melting away. attendance at open meetings is most commendable. administration have committed themselves to the "Buffalo model" in which will be scheduled in future a their Mission statement. The Mission statement seemed clear. What is the SBA Recently, sponsored On a brighter note, I would weeks will also improve. unclear, however, is whether they believe such a novel approach can meeting to inform students of the One final note the SBA has succeed with a traditional "garden variety " admissions procedure.. ;, nature of the* various like to praise the SBA Board of Opinion does not mean in any way to, deny that Admissions, faculty-student committees and to Directors, which has been able to moved from its old office in through the discretionary program, lhas attempted to Increase wie arrange for interviews for these move on an enormous number of Room 113 to a newly created number of minorities, women, and older students. However, the .positions. The response was so complex issues in the past few office (Room 101) directly across Opinion does believe that choosing applicants through a bi-furcated poor that I was forced to weeks. In particular, the First from the Moot Court Room. The should be new office is much larger and process, 80% on straight grades and 20% on a variety of other factors, postpone the interviews a full Year class is untenable in light of the school's objectives and goals. week. I attributed the poor complimented for choosing a should be manned six to eight The U.S. Parole Authority has recently adopted a new method for turnout to a lack of proper notice, group of highly motivated and hours a day beginning with Thursday, October 20th. Feel free assessing the parole risks of different offenders. The method is' known so that thereafter I posted no less extremely competent directors. as the Salient Factor Score, and tabulates, through a weighted point than twenty signs (including a big I would also like to tahnk to' drop by with a question, system, the potential risks of a particular offender, based upon certain poster that the Secretary placed in Andrew Cosentino, the SBA problem or just to talk. characteristics. We do not mean to imply that this is prison, but the hallway) and notices on each essentially the decision to admit a student is a risk. It is not just the first floor classroom blackboard Letter to the Editor risk that the student will fail to complete his/her legal education, but informing students where they the risk that the person, upon completion of law school, wilt not be might sign up for interviews. The able to function as a competent attorney. response was no better. To ensure that students admitted do desire to participate in an ..?„. ..v, ~-«~~5(j ~,„, „ \' o vii\iA3_i sAi vo ,tw_ »t\s n\o<.\\ K innovative law school, the following steps are proposed: ,1 have found' two pervasive J 1) That factors such as G.P.A.', LSAT's, prior work experience, attitudes which contribute to this impolicy 'Th'e"Assdcidtfoii>f Worherr Law Students be lack of interest. The first is the of meeting as a group on each Thursday for a brown bagluncheon in background, type of degree, other interesting experiences, etc assigned weighted values. "complain to the SBA" syndrome the First Floor Lounge from 11:30 a.m.-1:30 p.m. The first of these 2) That interviews be given to prospective applicants, once their and the second is "why bother meetings was well attended with discussion centering on the problems scores reach a certain level. since no one can change things of first year women law students. The consensus of the group was that 3) That based upon the interviews and scores, the law school anyway." After what has the meeting was of significant help to manyof the participants. select its class, by one uniform procedure and not two. happened, I tend to agree with Unfortunately, the next week witnessed a drastic drop in The Opinion believes that such a process is not only feasible, but those who hold the second view, attendance and attention. The meeting was so sparsely attended as to desirable. Costs, time, and convenience may all be cited as reasons why but only because your lack of be almost non-existent. In view of the number of women law students interviews cannot be done. However, the use of Alumni, faculty, and participation is making the SBA in this school and the existence of many important issues that concern students, could make this program easily workable. UB Medical School completely ineffective in its us as women law students, we hope that this apathy will not continue. is able to utilize this method; and interviews a fair proportion of initial dealings with the faculty and The A.W.L.S. is an association in transition. In order for it to applicants. administration. function as we would like, direct participation by all women law ..,Those of you who complain of students, whether Ist, 2nd or 3rd year students, is a most essential poor course offerings or your requirement. If would be in the best interest of all of us to encourage inability to register for any the growth of a strong A.W.L.S. at U.B. So once again, the invitation meaningful courses because of to attend the brown bag lunch is a cordial one. We hope to see many V The SBA is currently selecting those students who will sit on high social security number could students in attendance in the future. faculty-student committees this year. Opinion hopes that, prior to have changed the situation by appointment, the SBA clearly informs all applicants, that one of their becoming members of the Carol Gardner first duties as committee members will be that of liaison to the student Academic Program and Policy Beth Buckley body. which makes Committee, Margaret A. Bent In the past, the worth of these committees has been diminished by decisions on these matters. the lack of communication between committee members and the Those of you who complain student body. Without such interaction, these committees become about inadequate library OPINION small autonomous bodies, with little real student input; yet they still acquisitions could have done Vol. 18, No. 3 October 20,1977 decide sensitive school policies that greatly effect all. something about it by joining the Many, very serious academic policies, including the continuation Budget Program Review or Editors-in-Chief Kirn Hunter of the minority tutorial program, the re-evaluation of seminar credits, Library Committees. Simson .John Of course, its easier just to the possibility of a writing requirement (in place of the seminar Editors Becky Mitchell but that doesn't requirement), appropriate penalties for cheating and plagiarism, and complain Dean Silvers time requirements for re-admission after flunking out, were considered Photo Editor Chavis by the Academic Planning and Policy Committee (APPC) last year. ,5\1.... Ted Firetog Business Manager However, very few of these discussions and decisions were ever made known to the students. Staff: Bill Brooks, Mike Buskus, Tim Cashmore, Shirley Gorman, The result is very poor student representation on these Jim Paris, Sheryl Reich, Lawrence Ross, Michael Schwartz, Mike committees. Perhaps an additional requirement might also be that Shapiro, Dwight Wells, Jayne Zangtein. committee members address SBA meetings directly following their .Contributors: Jay C. Carlisle 11, Jeff Licker. Yale Kamisar will be the respective committee meetings. Students with ideas or grievances could '■-•■_ Copyright 1977, OPINION, SBA. Any republication of materials herein is Mitchell Lecturer this year, then address these people. strictly prohibited without the express written consent of the Editors. Euthanasia. He will Opinion is aware that an SBA member must he! on each speaking on OPINION is published every two weeks, except for vacations, during the committee, but even SBA members don't always have the greatest be in residence on November 8, 9 academic year. It is the student newspaper of the State- University of New attendance records for SBA meetings. Regular committee reports, oral and 10. The public lecture, York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. entitled "A Life Not (or no 14260. The views expressed in this paper are hot necessarily those of the and verbal, are a must. Editorial Board or Staff of OPINION. OPINION is a non-profit organization, To ensure communication, Opinion urges SBA to require, at the longer) Worth Living: Are we third class postage entered at Buffalo, N.Y. Editorial policy of OPINION is very least, that committee members file a summary of each meeting. deciding the issue without facing determined collectively by the Editorial Board. OPINION is funded by SBA on November 10 This should not pose too great a burden on those selected, as the it?" will be given from Student Law Fees. Composition: University Press at Buffalo, Sub-Board I, Inc. meetings are few and division of labor among members would only at 8:00 pm in the Moot Court Room of O'Brian Hall. require one or two summaries per student per semester. "Garden Variety" Admissions by Jeff Licker ' , - . Brown Bag Lunch < ' ... Open Dam on Information Flow "' - - Mitchell Lecturer Chosen October 20, 1977 Opinion 2 \ ■ , �Wy®, WM® W©M eff Y@m Gross-Examining for Dollars longer! You can blow him up or any other folks nearby that you don't like all The Florida TV case sounds an ominous that much, like the old lady down the note for viewers all across the land. Not street who stiffed you last Halloween. only is Kojak a bad program, but it is also a Then you can cart away, the remains poor defense for murder. The Court, without a trace being left behind." however, did leave open the. question of (Uranium not Included) whether a viewer may murder his/her set due to the quality of programming, or even The TV doctrine intimates that other whether a viewer may murder thenetwork defenses may also fall. A doctor's defense executives who allow such garbage to be to malpractice might be that: "Marcus shown on theair. Welby did the same thing last week on Perhaps the TV defense was too TV." This sort of thing may now be imaginative. Obviously, seeing is not ineffective. NOTE: But can the doctor believing) at least in the State of Florida. indemnify the show's,,writers? Surety, a. Prosecution attorneys feared that once TV show of such | high repute would not air', became a valid defense, books would not anything other;than the finest and most be far behind. Although these same current medical practices. However, unless attorneys were prepared to distinguish the the practitioner in question also is a family "Public Library" defense from the "TV" M.D. doing brain surgery one week and defense on the grounds that, since pictures ephemeral hernias the next, Marcus Welby, are worth 1000 words and a TV program is M.D. will undoubtedly be distinguished. However, it should be noted that the comprised of approximately 1000 pictures per minute for every minute of TV Burbank Family Court did allow a defense watching, a person would have to read a of Terminal Archie Bunker in a divorce million words, or approximately 180,000 proceeding. The Judge further ruled, that pages per hourper program (subtracting IS "meathead" did not meet ~, „ ~. minutes of commercial time) (per per??]. "fighting words" test. This subtraction of commercial time is But perhaps the most disastrous part of in no way meant to suggest that the Florida "TV" trial was the TV coverage commercials are unrelated to TV violence. itself. Florida's Supreme Court has ordered Insecticide commercials are among the TV coverage in Florida courtrooms for a most violent blasting poor defenseless one year trial period. Ronnie Zamorra's roaches with nuclear sprays. (Speaking of case presented the problems that will be nuclear, the Ideal Toy Co. has just typical when TV is in all courtrooms announced plans to market a "nuclear toy everywhere. jury First, selection has been carrier" for kids aged three and up. Can "The TV made me do it." you imagine the advertising campaign for complicated. Unemployed actors andactresses are no longer standing on Equity this wonderful idea? teacher to cover it up. The public loves lines, but are trying to get into the jury defense?" uj 3io_ <■" .:uu,/,iiji cover-ups!"-' thespians Furthermore, once these have "Create mushroom clouds in your pool. Since there are, as yet no casting been selected, thelf ptrtftfWartceS b*cbrW6' i 1 "Bi)i ihe pdor kid will be m murderer. tt is rumored that room, the den, or the backyard! Then you directors Wanly:::"" '- "^ r" r wnryT^-w The "true can usei)iouro.wn sofe.ty.jruck tqfart the yoimg, hopefuls. (lave offered imperative if f*«Wo* V fasti DurfnghV''trial, the of thelf 'dev'elopmehf "ju'roj-'rs attorneys to ensure their selection. debrisaway, ■ ■ ..* only because Norman Lear may be ex-lover of the teacher confesses to the "Has a neighbor's dog been licking your Callowed old jurors have been known to watching "Day in Court" tomorrow. Often murder, and the paper clips charge is all face and knocking you down on your way remark, to budding youngsters: "Who did the first day is slow and quiet. But thafs-left." ■•. the D.A. or home from school? Well, don't stand for it you have to sleep with "Well, I'm not so sure Igo along with it generally, things pick up as the case if unfolds, and the jurors are usually growling "Look, it means a murder trial, right? at the attorneys: "That was a pretty poor cross ..." "Hamilton Berger could've won And you know the Equity pay scale $ 1000per day per trial for murder or other this 0ne..." These, however, are only a few of the A felonies; $500per B Felony; $100 for all problems. Television commentators, loving other felonies; $25 per misdemeanors. Now » the ordeal of trial by analysis, would have a whaddaya say? " by S.R. "Well, OK." field day: "Hello, everybody! This is Judge •.: .•,i• '-:.. ■ •■.. .•• .-. ■■..-• IT.. .t.nv; v'Clement Haynsworth, and tonight on There_ are likely to be. other small Domestic and International Relations „ jgnhoffc Cete'brity Trials we're at jrr chkhgeV as! ;: ,; ; ..' n'*i&J'i Supreme' Court, Special Term, where Guest •/■.:.■ -. '■:■ .■.,".-< '-.; '."•by well-known commentators: This is We were unfortunately, not able to make it to the Statfer in time for the PLI Judge Nipsey Russell will hold a bail cases Cosell, speaking of Torts, and Howard some of the attorneys Conference on "Family Law for the Practitioner," but we did meet reduction hearing on reputed Mafia today we have a big one for you. In just 25 who attended it later that evening. One of them gave us the materials from the workshop hitman, Sergio Rari. Arguing for the nation's finest forayers on "Creative Divorce." What follows is a list of "Divorce Grounds From Surveyed reduction will be ABC's Irv Weinstein: for minutes, two of the will be squaring off in the Federal Building. weatherperson Barry Jurisdictions": the prosecution On offense, Melvin Belli, and on defense, Lillis. We will also be traveling via satellite Leon Jaworski. Belli will be using the Per Mah Jong Divorce Husband has three different suits, can't get a pair, discards wife to Morocco where guest Judge that made him the giant arguments Diem on thirdround. will sentence two young American that he is. Jaworski will counter with an all '■■"• rl! Palsgraff Divorce Plead miscalculation of risk involved. yiKTcM! sJbu ootheads to thirty-years'at hard laboY." ..new. zone defense based on .the "KaU" j lll ,i; ,l Remove spouse's excess \fottorn ij),,w.ater, ,fcf Rooting Divorce ly-;! ratjonaie.,l|t .should, bequite: a battle," ,' ' TV' iawV*ring #ill'-''becb'me weeks. Opposite of a migratory divorce. vu'J' grtirtioj -d1 !'tutte fftdusfty. Instead of law clerks'.'firms- ; ,|; As,we await the start of today's match, ~-,,•.■•; Henny Youngman Divorce "Take my wife, please r ,•-•".•!,, ' tfirf hire P.RL'people'aridmake-uppe'rsbnsNr\a word,from our sponsor." Artichoke Divorce Has to be appealed and appealed. " A- major question unanswered by the around white collar, Ringvaround Male Order Divorce Used to be "Enoch Arden" divorce. Attend workshop on Florida Court is whether or hot the players \ "Ring White collar. Are you embezzling, creating 1 "Support." in a particular case will coUetLtesiduals if slush funds, using bank funds to gain Defendant sure loquitor. parties appear. Make Tort Divorce Wife pleads\/-es ipsa trials are re-run at a later date. Advertisers, personal favors? Well, the Justice may plead caveat emptor in defense, but no bar if last clear chance. of course, will want a rating gauge to make Department thinks you ought to know "Restatement of Contracts, Second" Divorce S 45 Reliance. these payments, and shortly Nielsen's will aboui Wisk. With new Wisk, there's noGreasy hair, particularly in bed. "Seventy-Seven Sunset Strip" Divorce have to post the week's Top Twenty Trials. dirty Ving, and white collar criminals are "Hawaii Five-O" Divorce Surfs excessively. The power of advertising will also mean seconds!" Week-Old Milk Divorce Gone sour. slight changes in the scripts of the trials. "WeltonTß back. Now it's time for the "It's Never Fair Weather." " Buffalo Divorce Something like the following: toss of tire coin. And it looks like Jaworski Polish Divorce "The court will contact you." will receivV Here for the play-by-play is the ceremony." cold soon after Yeti Divorce "He got only charged he's the voice of the New York Legal Aiders look, "Now realize I Chameleon Divorce Spouse changed colors soon after the marriage. Abettors, Mcl Allen, Esq from and stealing paper clips with a box of " Tax Divorce They didn't "realize" what they were doing. "Any other rebroadcast or play-by-play it. It's not public buy school, but the won't CIA Divorce He's always undercover. American! It's got to be bigger. Since he's of this trial without permission of the Christian Barnard Divorce One spouse has no heart. 11, Skippy Peanut Butter and Bumble Bee American Bar Association or Lockjaw law.) Panama Canal Divorce (Constructive abandonment under present are willingto put up a lot ofmoney. Handcuffs is prohibited. Remember to stay Tuna Italian Divorce One spouse has "Roman" eyes. way I sdeft, we charge him with tuned for Cross Examining for Dollars, blanks. Ths Times Crossword Puzzle Divorce Too many f stealing the paper \lips and murdering the next!" Religious Divorc* One party thinks it's Sodom and Gomorrah by any John Simson i — ., .• . r charactel-,^ ' - " - - Here at the Western New Yorker . . .. . • ........ . - .. • .. ' — - - — ■ \ - - - — - - - - - - ' . .' _ 'fm^ - . ; - - - - - - - Opinion October 20, 1977 3 �First Year Sections: All Rumors About Schlegel True 1 by Jayne Zanglein Many rumors have been circulating regarding the three sections of the first year class. As Al Katz said in his opening comments to section three, "One third of all rumors are true, one third are false, and all the rumors about Schlegel are true." Rumors concerning sections one and two aren't as prevalent as section three rumors. Section one is reputed to be "much tougher, an uncomfortable atmosphere, and people dread being called on in class." Rumor has it that section two has a football team! According to a section two-er, "Section three sounds interesting and the people in that section seem.' to be more friendly, unpressured, and pleasant than those from section one and section two." Other hearsay included: "Section three doesn't hays a much work and they have a and "ft Sounds like secttfiß; three people _f| having more fun." And what ao section r Prof. Jacob Hymao , three-ers say -about the others? "They're not as friendly as our They're section. more competitive." . We all know you shouldn't believe rumors. How true are they? Do the professors really "make" the section? Section one's professors range from Allen, "THE Law Professor" to Breger, "the hilariously funny Texan who speaks without a drawf"; aw :**looks like an altar boy." McCarty was described as a "caged lion, full of nervous energy." Bell is an orderly, congenial man whose theory is that section one is the best, because ever since first grade the students have been arranged in alphabetical order, so they haven't been able to sit in the back of the class and "get dumb." (I don't like that theory, Bell!) Section two people have much praise for Laufer and Hyman who both were described as "fine people with a genuine concern for the student" King goes off on tangents and Priest was described in verse: "Contract's his middle name and torture's his game." Now, on to the infamous section three. Katz was consistently described as dynamic, cynical and super-intelligent (and very sexy to the females of the class!). Debates arose as to whether his favorite comedian is Steve Martin or George Carlin. The students of this section were puzzled as to why "au naturel" Lindgren didn't become a "starving Bohemian artist" instead of a Torts professor. They wondered if she's a "frustrated modern dance performer" since at times she puts her leg up on the table and seems to go through dance exercises. "An all around nice guy," said one student about Konefsky. The man sitting next to Jhirh was looking at Konefsky's photograph in the last Opinion issue and added, "But he looks like a latent wife beater!" And that brings us to Schlegel who is "beyond belief." The second question I asked the first year students was: "Do your professors have any peculiarities?" Schlegel has ihe most. One woman answered, "The way he laughs to himself and no one else knows what the hell he's laughing about" is peculiar. Other frequently mentioned peculiarities were: the way he writes on the bricks and his two most common phrases, "What's the plaintiff's problem?" and "Blah, blah, blah." Breger's? favorite phrase is 'That's a *ety_subtle; argumen.t." Priest* teaches ItaritHngon one leg. classmates agreed thattheir fellow students are hard to get to know. The same was true in section two. "Most are friendly, willing to talk or listen, if prodded." Every person in section three I sopke to emphatically agreed that their classmates are friendly. They are friendly "for sure. We may work our butts off but we have a good time doing it." Section one complained of "no having too much work time for any social life or time for yourself." Patrisha Armstrong of section two has "just enough (work) to ruin a beautiful Prof. Janet "au nautural" Lindgren weekend:" And sectfoh three's three has made the adjustment to you can say anything to the amount of work is just right for Law School much easier than it professors and you don't have to the majority (except for the would have been otherwise. The worry about your comments make-up classes). professors who teach that section being reflected in your grades." Section two was the only have made a deliberate effort to The opinion that there is not as section in which I found strong dispel the Paper Chase myth. much pressure as was expected evidence of competition. "There They try and show the was voiced by numerous students. No matter which section you is an extraordinary amount of overlapping relationships between are in, law school is hard work. It 'silent competition." It takes the different areas of law." Rena Riback believes that "a also has a strange effect on certain many forms: Who can raise their hand the mosVwhether or not the large degree of why I feel people. As Dwight Saunders (I cpmment is insightful or germane comfortable here is because it's have to put up with sitting next to (at times it'wesn't even matter; not competitive and that's largely him every day for the semester) ego building is maintained by just because of the section (3) I'm in." wrote: "I th oUGht it Mi GHt thinks the dcS troY mY Mind but I WaS Wr hearing yourself talk); the Edward Sinker common question, "How far atmosphere is "comfortable 'cause oNg. ahead are you in Torts... did you do Civil Pro. yet?; and who is in the library the longest." Dwight Saunders of section three replied, "There's a feeling that we're all in it together." The Student Bar Association will be sponsoring a Halloween Happy Section three seemed to be the Hour on October 31. Be sure to watch for signs and omens as to the most comfortable with their exact time and location. If we all have a good time, we are bound to professors. Although some feel see the Great Pumpkin! [Whether he's there or not!!] intimidated by their professors' (and others "suspiciously" involuntarily volunteer "td~*~oe publicly humiliated in class by Ann Bermingham provided some writing articles challenging insight on Bell. "1 like the professors like Mr. Shapiro did), it priorities he puts on his class. He was unanimous that they would started out the class by telling us feel free to discuss any problem we should organize a car pool to a with the professors. Sections two Blue Grass Concert. Another very and one said it "depends on the by Dwight Wells important announcement was professor and the problem." My final question on the about planning a football team. The bulletin boards at the law school seem covered with Our most lively class discussion in census was, "How is law school as announcements ranging-frofn offers of apartments for rent to details Torts was about who is getting compared to what you on the beginning of the Moot Court Competition. Buried among all expected?" Answers varied from this information was a sheet with an invitation to a meeting of the YD from whom." Prison Task Force on it. In_rder to satisfy my curiousity as to what a "Prison Task Force" is, I attended its first meeting in early September. I found myself in the midst of a small group of law students, discussing possible ways that we might become involved in prison work. Mr. Segal, staff attorney for Prisoners' Legal Assistance, spoke to us about programs and projects that he thought would be helpful to prisoners and that would also provide us with a learning experience. The meeting was called by Alice Mann, Hillary Exter, and Jerry Paun, all of whom worked with Prisoners' Legal Services during the summer of 1977. Initially the discussion centered around Attica, but, as the meeting progressed, the emphasis shifted to the Erie County Holding Center. Recently, a second session was held at which the same small group of students was present. We had invited DottieTeryl, a lawyer with the ACLU who is active with the Erie County Holding Center, to attend. Clarence Torrey from BUILD, the Buffalo community organization, was also there.Ms. Teryl reviewed with us the areas where she felt that law students could assist in providing legal services to inmates at the holding center. Her discussion wa& extremely interesting and informative. There was some interest/in having'her speak to the law . T school at large. Prof. McCarty the "caged lion" Why a Prison Task Force? As law students, many of us are undecided as to the kind of law we will practice when we complete our The general consensus was that "100% better" to "I do not like formal education. Because of this, there is a need for every student to most people like their section but law school," and "I didn't know take advantage of every opportunity to become familiar with all all seem to agree that they have I'd be in a fog constantly." One aspects of the law. Many are considering Moot Court, law school nothing with which to compare it. woman answered, 'There must be committees, and other activities, so why not consider the Prison Task A section one student, when easier, more logical methods than Force? The range and types of activities are many. They include; asked if his classmates were the Socratic. Maybe I do want to writing letters to inmates at Attica, working to design and implement a friendly said, "Most classmates are be spoon fed. I would say as a research and writing course at a selected institution, and working unfriendly. There are regional form of criticism, our teachers directly with inmates at the holding center. The Prison Task Force would like to see more involvement of bands: W.N.Yers, S.N.Yers, etc. aren't coordinated in a team as students in their program, and is asking for greater participation. If Getting friendly means spending much as others are." Mindy Spector retorts: "I you are interested, please contact Alice at 877-2675, Hillary at time and that means time away from studying." A few of his think the theory behind section 835-7486, or Jerry at 833-3562. " - October 20, 1977Opinion 4 ... Prison Task Force Needs Students - �Commentary UB Student's Right to Aid Upheld by Supreme Court by Mike Buskus In June of this year the United States Supreme Court upheld a challenge by a resident-alien student of SUNYAB to the constitutionality of a provision of New York's Education Law. 5661(3) of New York Education Law prohibits financial aid to resident-aliens who have not evinced an intent to become American citizens. The case of Nyquist v. Mauclet, S3 L.Ed.-d 63 (1977), invalidated New York's statutory bar against aid to students with a resident-alien status. The case arose when Jean-Marie Mauclet was denied financial aid for his graduate studies at SUNYAB. Mauclet, a French citizen who is married to an American citizen, has resided in the United States since 1969. He has indicated an intent to maintain a permanent resident-alien status here. When Mauclet applied for financial assistance, his application was summarily rejected. Financial aid officials of the state cited Education Law 5661(3), which states: "Citizenship. An applicant (a) must he a citizen of the United States, or (b) must have made application to become a citizen, or (c) if not qualified for citizenship, must submit a statement affirming intent to apply for United States citizenship as soon as he has the qualifications, and must apply as soon as eligible for citizenship, or (d) must be an individual of a class of refugees paroled by the attorney general of the United States under his parole authority pertaining to the admission of aliens to the United States." [This provision was numbered 5602(2) at the time the complaint was filed. Clause "d" was added after the suit was filed. The other appellee to the suit, also a resident-alien, was denied financial aid under similar circumstances. Alan Rabinovitch, a Canadian citizen, had taken the Regents Qualifying Examination and met the normal requirements to receive an undergraduate scholarship, which he intended to use to defray the costs of his education at Brooklyn College. Subsequent to his notification of eligibility for the scholarship, his award was revoked. State officials cited the pertinent provision of NEW YORK EDUCATION LAW and the fact that appellee was a Canadian citizen. Rabinovitch also intended to apply for student loans, but when he was told that he was ineligible he did not submit an Education of New York and the various corpora ted entities of the state which administer the financial aid system, made several contentions against appellees. First, they argued, appellee Rabinovitch lacked standing to challenge state policies regarding the granting of student loans. They argued that since he had technically not been denied a loan, his contention lacked the concrete adverseness necessary for an adjudication of the question. Appellants' alternate argument their main contention suggested that evert if appellants were part of a class of resident-aliens, that class qua class was not discriminated against because there was ah aid exception granted forepersons in that class indicating an intent to apply tor ,U.£. citizenship. Finally, counsel for appellants argued that even if the Supreme Court were to find appellees as a class were affected by the policies of the State, only the "rational relationship" test, and not the more stringent "strict scrutiny" standard should apply in evaluating the system of aid administered by theState of New York. The Supreme Court, in an opinion by Blackmun, began its analysis With the observation that State-formulated classifications based on status as aliens are "inherently suspect and subject to close judicial scrutiny." The Court cited Graham v. Richardson, 403 U.S. 365 (1971), for the proposition that such a classification <no less so than a grouping based on sex or race would actuate the Fourteenth Amendment's higher tier of "strict' — — : The Court dismissed the appellants' other argument that the purpose of the restriction was to promote the enhancement of the educational level of the electorate. Finding that such a contentipn was too borad, Blackmun referred to the case of In Ifie Griffiths, 37 citizens. Finally, Rehnquist justified the State restriction by contending that since it would probably be easier to collect defaulted loans from citizens than from aliens, such a "permissible legislative judgment" justified the classification scheme. denied a right to practice law, notwithstanding similar srguments offered there suggesting that practice of law be restricted to citizens. Finally, the Court advanced its "limiting principle problem" reasoning, concluding that ','[i]f the encouragement of nafjufal izatiorj through programs wereas adequate, then every discrimination against aliens could be similarly justified, "53 L.Ed.2d 63, 72. The Blackmun opinion was joined by Brennan, White, Marshall and Stevens.^ Chief Justice Burger dissented4rerrn the Court's holdings. Adopting an economic investment analysis, Burger claimed that ANALYSIS: As the dissenting opinions point out, the question of fairly allocating limited funds for financial aid is a vexing one. Clearly the state has an interest in making certain that persons in need of the funds are recipients of those monies. The denial of benefits to some applicants deemed "less in need" is an obvious consequenceof any program that attempts to structure the level of funding so as to actually provide tangible and substantial benefit to the recipients of that aid. What then, is the justification behind denying aid on the basis of citizenship if financial need is the underlying premise for the aid? Clearly, the State of New York L.Ed.id 9loljh, that case the Supreme; Court recognized thataliens were not to be — scrutiny" equal protection analysis. Blackmun then articulated the "strict" standard that would have to be met by such a state classificatory scheme. The state interest would have to be both legitimate and substantial, and close consideration would be given to whether the means adopted to further the desired goal were both necessary and precisely drawn. Blackmun then cited Examining Board v. Flores de Otero, 49 L.Ed.2d 65 (1976), for the proposition that "aliens as a class are a prime example of a 'discrete and insular' minority... for whom heightened judicial solicitude is appropriate, Id., at 85. Blackmun then noted that New York's prohibitory statute was unlike that approved in Matthews v. Dj/a ,'V26 U.S. 67 application. Both students brought suit in Federal (1976). There, a lesser standard of scrutiny District Court Mauclet brought suit in the was appropriate because the federal Western District of New York. Rabinovitch government only postponed alien filed his complaint in the Eastern District participation in a federal medical insurance of New York. The cases were consolidated program until a durational residency period was fulfilled. In contrast, NEW YORK and heard before a three judge court. After the filing of briefs and oral EDUCATION LAW 5661(3) flatly' arguments, the Federal District Court prohibits aliens from receiving funds. rendered a decision in favor of petitioners Blackmun reiterated the doctrine expressed Mauclet and Rabinovitch. The Court in Matthews that the federal government declared that the New York statutory but not any state has plenary powers to provision violated the Equal Protection regulate immigration and naturalization. The Court then rejected appellants' Clasue of the Fourteenth Amendment, 406 F.Supp. 1233 (WDNY and EDNY 1976). argument that not all aliens were The suit reached the Supreme Court on deleteriously affected by the statute. Blackmun conceded that while not all direct appeal. The ratio decidendi of the district aliens were denied financial aid, only aliens court's holding was that New York's were denied financial assistance. He added citizenship requirement discriminated that "[t] he fact that the statute is not an unfairly against the class ofresident-aliens. absolute bar does not mean that it does not Before the Supreme Court appellee discriminate against the class," 53 1..Ed.2d Mauclet, represented by Michael Davidson, 63,71. Blackmun then assessed the validity vel renewed his contentions that New York's financial aid policies unfairly discriminated non of New York's proffered justifications against resident-aliens notwithstanding the for j'ts classificatory scheme. Appellants fact that appellee Mauclet technically had argued that by limiting aid to citizens could have received aid if he had applied the program offered an incentive for aliens for U.S. citizenship. However, a condition to become naturalized citizens. Blackmun to obtaining American citizenship would flatly rejected that goal of promoting "a have been the renunciation of his native degree of national affinity," finding that French citizenship, a condition Mauclet I legislative power for immigration and would not assent to. i naturalization was exclusively federal, not Appellants, the Commissioner of i concurrent ' . < — , • - ~. 7, "Disquiet _._v_ ;„ .in _.the Citadel' Moto'bVMlkiJ'ihapirb ...*.. jcisions of the Court the only pric. protecting rights of aliens were in the area of protecting their economic survival. He cited Yick Wo v. Hopkins, 118 U.S. 356, as an example. There, a discriminatorily enforced statute precluded Chinese persons from operating laundries in San Francisco. Burger justified New York's statutory scheme by contending that rather than "depriving] aliens of the essential means [it has] of economic survival pursuant to [the state's] broad power to chosen to •regulate its education system provide some types of individuals those it considers most likely to provide a long-range return to the local and national community certain added benefits..., "53 L.Ed.2d 63, 73. In a seperate dissent by Powell (joined by Burger and Stewart), the argument was advanced that the class of aliensperse was not discriminated against, but only those who preferred to retain foreign citizenship. Powell concluded that such a distinction was a "rational one." Rehnquist, in a separate dissent, focused his analysis on the fact that the aliens could voluntarily withdraw from the disfavored class in the instant case by indicating intent to become naturalized ... ... — - . had no legitimate answer to that question. The State's contention that the purpose of the provision was to encourage aliens to become naturalized was undercut by the fact that the pertinent section of the statute was amended to include aid for paroled refugees, without regard to intent to apply for citizenship (see 5661 (3)(d). With the Nyquist decision, at least a majority of the Court has indicated that they will not tolerate discrimination against disadvantaged groups under the guise of mere "classification" absent a showing that the State interest is legitimate, compelling and necessary, with an appropriately narrowly drawn statute. It is hoped that the Burger type of analysis with its resort to economic analysis ("long range return to the local and national community") will not permeate the Supreme Court's consideration of what must be viewed as a fundamental personal liberty: the right to obtain an education irrespective of citizenship. For to offer an opportunity of an education without also providing the financial assistance to complete that education is to extend a mere evanescent houc to aliens which might never materialize. - — — — Opinion October 20, 1977 5 �.. The Nebulous Q Part I - A History of the System . tveh "a "3) A student's overall average is a product of several suited to their purposes. stands, variables which are not accounted for, including the type knows where he roughly if student particular group of V Of all the mysteries and uncertainties confronting a there is no official number.to substantiate his claim. The of elective "taken, the abilities of a and the individual grades professor's examine the students a course in might given then to opt first-year student, perhaps the most unsettling is the employer question of how one's work will be evaluated. Initial themselves, which may only further frustrate him. The notion of what constitutes a proper grade distribution." The Committee considered quartile ranking, but objections usually address the so-called "one shot" method employer is left with two alternatives: rely more heavily of testing, a device where students have little idea of how on other factors or discontinue consideration of the eventually rejected the concept since the desire was to move away from drawing distinctions. It was also noted they are doing until the course has come to a close. Most applicant This is not to suggest that Buffalo graduates have that H and Q grades did not really lend themselves to have grown accustomed to having a test or two in the course of the semester by which they: can estimate their, found it impossible to acquire good positions outside the quartile division. Eventually, three grades were promulgated by the progress, and then, if necessary, increase their efforts. The Western New York, area because of the H/Q system. There system Honors, Qualified, and Unsatisfactory. The works to the Committee: to whether the a"question'as doesn't" allow such in-co'Urse ft one-shot technique for equal to a 78 or better. incremental adjustments. Anxiety over the new material student's advantage. Probably, it works to the advantage of Honors grade was for work and mode of study rises unabated, peaking at exam time. some and to the detriment of others. By the time students Qualified was defined as "satisfactory work," and The question, "How will I do?" is on everyone's mind. come to criticize the system, the issue is virtually moot, Unsatisfactory was for work below a 68. Also, an "Honors with High Distinction" was to be awarded for truly since no reform will change their grades. And most have prepared themselves for the worst. What is the grading system supposed to accomplish? outstanding work. This was not to be a grade category, but The question of performance should be on most people's minds. Grades mean a great deal. Moreover, most, Man y students feel that, in effect, it takes the pressure off, merely "recognition for outstanding performance." These zero to ten, would have the fnembers of the class have dorre Very well in theirprevious "' particularly in the final jwp years. Some have suggested grades, if placed on a scale ofQ1.5, UO. Defined in letter studies* and have grown to expect supendf wSrk" from tn'JtHl taxestoo mucrTpreTsure off and doesn't give people following values: H*7, H4, cover from A-plus to spectrum the would the work; H grades, very best When devised in themselves. Yet, the realization is present that, at the end the incentive to do their of the year, some people will be at the top of the classand 1969,- the H/Q system was seen as a device to attenuate B-plus, and Q wouldrange from B to C-minus. Two modifications have been made to this system. some at the bottom. destructive competition. Prior to that year, the school had Or will they? Unlike most law schools, no one at a numerical grading system, with average grades ranging First, the U grade has been divided into D and F. Second, Buffalo is discretely ranked. The school maintains no from 68 thru 78. Impetus for changing the system arose the Honors with Distinction has become a grade category official ranking system. Granted, it is easy enough to from the students themselves, who felt that the and is now indicated on the student's transcript. Numerous discern who is in the highest echelon, but where is the hair-splittiflg distinctions made by that system were other proposals for further elaboration of the'system have bottom? The middle? Where within those ranges do unimportant and unfair. "Numerical Grading," wrote the been madeNjn the past few years. Attention has been specific individuals place? The farther away from the top Grading Committee, "is at best a generalized focused on diVWjng the Q into two separate categories. oWeige«s/thfefogglef'tHlnKS'beeomelJ isltiH y_lq bluow sri commendation of condemnation of student ability." These 1 ; This would presumably give recognition to the better-than mil cto-ktng 'Criticisms, irVturri;'were irivariably tied to the marking average studentwho does solid B work, but rarely manages this irnpreWsfdrfi tfesplte'trte ifattNhaPWHs?- :>fsystemf'whlcH'the CornmYtfee felt "misled employers." In to earn an H grade. These proposals would create a Q-plus source of more confusion. Psychologically, the amorphous order to obviate the problem, grading information was to or Highly-Qualified grade, spanning the range of marks Q, while undistinguished, is a better alternative than the be no more specific than it need be. For instance, the gap from C-plus thru B. While no Q-plus has emerged, the Q* much feared "C" grade. A Q simply means that one did between the 30th ranked person and ranked has. The asterisk indicated that a favorable letter has been not distinguish himself, but nevertheless did perform ably. person was numerically insignificant. A few tenths of a filed on the student's behalf by the professor. Technically, Such ignorance is bliss, however, for only a short span point was all that separated the two. Yet, the employer the notation could be added to a D or an F grade, in order of time. Students who do well on their exams, but not well invariably gave greater consideration to the person with to indicate that the paper was a notch better than your enough to penetrate the "H" range, feel that nothing the higher rank. average D or F paper. If by this time you feel confused, don't be alarmed. distinguishes them from the "below-average" student who The Grading Committee laid down several is earning Q grades as well. Others feel insecure over Where assumptions and observations. The most prominent were: No one really does understand the system. And primarily they stand in relation to other students. The question of 1) Ranking and numerical grading have an adverse because of the many unproductivefdisputes arising from rank is not simply an academic one by junior year, a effect on academic affairs and can be justified only upon attempts to change the grading scheme, few are willing to tackle it again. But the question of the practical aspects of student has interviewed with a number of firms and the the strongest showing of need. matter has arisen several times. The grading system tends shall •*• "2)-It is not clear that grading distinctions are the grading system st,ill stands, a question whjich\ 6 to be not easMy„qnderstoiod 1 or.;meaßingj|#*iiwq? iyiiao m&u&ti'Vfl th<| secontf paVt oYth'ts' ffl&W* ,by Jim Paris , . . r' — j<.o, Surprise Turnout Continued from page one are set out below as provided by the SBA. I Add to Article 11, Section 3, a new paragraph 5 to read: "Should there be a tie vote such that there is a-need for a run-off in the elections for First, Second or Third Year Directors, then all of those individuals not elected who shall have received a inußibWhOf votes sufticieatttq place them jn ; ... ... ••■ Constitution was discovered to be the provisions (or lack thereof) for reorganization of the SBA upon the election of a new President to fill a vacancy , — — - 6 October 20, 1977 Opinion "- VIDEOTAPE LECTTJRES^"^ considering that those in their final year are usually noted for their preoccupation with job hunting and general lack of ihterest in the law school. The popularity in that office. This amendment resolves of the third-year candidate for the Vice by extending that problem the Presidency, the interest of third-year appointment power held by Presidents students in'having a third-year student as elected in the regular spring elections to all one of the SBA officers, and pure 'luck' Presidents''elected))at other times, to fill have-been offered as explanations for the numbjer ;> vacancies. The ; qualification is that, the ph&hdmenorl. ;As yet| me "mystery' of •ofovote* for-Pt/ieetoMn their; class •shaH,,.;: Board' may (..Vote, i to. delay: such ii new participation has not been solved. participate in a run-off to take place more appointments to' allow existing committees H ■-!:•■ h ■■■ mt ■. •■fiitu'k .'.in: ■'• ■'.-■,' bi than 12 class days after the original time to finish up work on current projects. election, to fill the last available positions 111 Strike Article V, Section 1, among Directors for that class." Paragraph 3 from the Constitution and Explanation: At present time, there is no renumber the remaining paragraphs. provision for run-offs should they be IV Strike Article V, Section 1, necessary in Director elections. This fills Paragraph 6 of the Constitution, and by Jay C. Carlisle, II that gap. combine the duties of this committee with Insert in Article IV, Section 2, those of the committee in Article1 V, II Alumni activities for U.B. Law School f>ar.agr,aphi .1, Clause 2, after the. .word,. Section 1>;Paragraph 5. _ois r>E <iau.- ni c, graduates, have dramatically expanded Explanation* <of>m and r-IVr<.\\)f The 5 within thei past two 1 years and rJresently ''Offiicers/'ivthe :. "However, no individuals appointed by the standing poricy'W the SBA is to appoint include' formation of alumni chapters in President shall in any case serve in thejr members to a -limited number of New York City, Washington, D.C. and respective positions beyond the term in committees, so that everyone will attend California. •■ office' of the President who appointed the various committee meetings. However, The New York City alumni chapter held them, and the newly elected President shall the Election Committee only functions for a series of luncheons and receptions last be free to make new appointments to each a limited time, so that it "wastes the time year, including a well-attended luncheon at of the aforesaid positions, except that the of the members appointed to it as a the annual State Bar meeting in New York Board of Directors may, by a majority of standing committee. Therefore the City, a St. Patrick's Day "Keg" party at an those present and voting, determine that Constitution will be amended to eliminate east side pub and a special luncheon at new the Elections Committee as a standing Mamma Leone's Restaurant in mid-town. the implementation of any appointments schedule proposed by the committee. Instead, it will be a committee At the State Bar luncheon, the New York President be delayed for up to twelve (12) appointed as necessary. (2) Amendment IV City alumni chapter elected William R. class days and that the tenure of the combines the Social and Athletic Raikin (1949) as President, Norbert.M. already-appointed individuals be continued Committees, as it has been felt that those Phillipps (1941) as Vice-President, Allan D. Mantel (1976) and Alan Schneider (1976) ■for that period of time. However, this two committees ought not be separated. power of the Board shall only be effective The overall student .turnout at the as Co-Treasurers, and Rebecca Morrow in the case of the election of a new election was quite light, in keeping with (1976) as Secretary. The .New York City President before the regularly scheduled the general school apathy toward student chapter will meet again on Friday, October activities and affairs. The turnout of 14, 1977 at the well-known Lawyers' Club spring elections." Explanation: Another gap in the third-year students was quite a surprise, at 115 Broadway for a special luncheon. — ** . . .. " on Torts, Criminal Law, Contracts, N.Y. Procedure, and many other law school through courses available Josephson's BRC if at least 40 students sign up at the BRC table or with BRC rep's. These are review-type courses.. Law School Alumni Meet Dean Thomas E. Headrick, Professor David Kochery and Assistant Dean Jay Carlisle will attend the luncheon. Thereafter, in the early evening, Dean Headrick will host a special cocktail reception for alumni at the Biltmore Hotel. The alumni meetings arid receptions will emphasize coordination of our New York City activities and support for our Law School placement program. Washington, D.C. alumni will hold their third annual fall reception- on Friday, October 7, 1977 in the Heroy Room at the Cosmos Club in Washington. Dean Thomas E. Headrick, Professor Kenneth Joyce and Assistant Dean 4*y Carlisle will be special guests at the reception. In addition, faculty members Herman Schwartz, Marjorie Girth and Norman Rosenberg will also attend. Honored guests from Buffalo traveling to Washington, D.C. will include Alumni Board of Directors member and Buffalo attorney James B. Denman and Appellate Court Judge Dolores ■ Denman. At least fifty reservations have already been made for this reception. �Schwartz on Sports - *" Yankees. 1, Schwartz 0: >— WW -OKU'i.. / •r»q £M<' .•;;;.•, 3f|J .^/ Is) .viijafo, to *V '•■ •' JUI-3.11. .1 Although television announcers: are often heard discussing the. superstitious natures of their favorite athletes, I have discovered that such peculiarities pale when compared to those displayed by the true sports junkie. An example would be my friend Bennie the Fan, who as the ultimate aficionado, is normally obseryed curled into physical contortions while watching his favorite teams play on T.V. When his team is winning, Benny must lock himself into his present position. He believes that even the slightest movement will bring bad luck to his team and a loss, will result. If the beloved team is playing poorly, Bennie the Fan feels compelled to be in constant motion until his club's fortunes change, at which time Bennie locks himself into position bound fast until the game has been decided. Bennies preoccupation hits a peculiar peak when anything occurs to upset the natural balance, which has been established in the room where he is stationed. Upon occasion I have seen Bennie pay $10 to an individual, who has entered the house at a crucial time, so that person can leave and not upset the fickle forces which control all luck. Furthermore, fellow observers are 10% OFF ON LAW STUDENT RESUMES IBM Composerand typing available H&H Quick Copy Center, Inc. 3342 Bailey Aye., Buffalo, N.Y. 14215 833-8510 1630Broadway, Buffalo, N.Y. 14212 892-1555 AhoSpeciaffingmLetflßritfs „ not : ■■• :. I «VJ .<■! r .n, '.:: frt »2_iJriiUjd'-i ft| permitted to move about; and outcrys i.| ,i>Dft_}< ''!'::• .■■/ !;IS;iJO beyond belief have been heard' when a | change, which is taking place in the sacred room has coincided with his team's downward change in fortune. | Despite his belief that sports passion usually leads to a constant stream of disappointment, Bennie the Han hasfound. that to exist as a lover of sports he rrrUst remain an eternal optomist. A Bluejay lover, he was last seen echoing his constant -ry, "WAIT TILL NEST YEAR." * * * A reliable, baseball source has informed me that National League president Chub Feeny permitted the final game of the N.L. playoff to commence in the drenching rain as an experiment to determine : the feasability of placing a baseball team in Buffalo. i - WaW to scare a friend or at a Professor With some Opinion is accepting, articles, drawings, poems, dirges, spells, etc. for a | jtti|j!g°qmi ji'bnuoi ISSUE > v*s__i); coming out on November 3. ;!' Baseball's Power Elite * * * by Bill Brooks A new song has recently shot up the local top 40 with a bullet: With the Yankees in the World Series, baseball seems to be the most talked about "Hang down your head Jim Ringo subject in the law school. One walks into the law school, and the first thing one hears Hang down your head and fly For you are 0 and 13 concerns the latest of the trialsand tribulations of the Yankees. The other day I am tpld, Wilson Will hang you high." i-.ujr'to-ri'eja Billy Martin mentioned that he would play Hitler and Mussolini if they could hit. Since this is the s,oth anniversary of the, 1927,(Yankees,one cannot,help,,thirjkiingi»bout H rt_ .'..'.• •:•■ ■ *..;, X .■,!.:■;.'' t[9i "Murderers Row.'' And.what if Hitler.and Mussolini could hit? What would Murderers Although this column is written before Row really look like? the Fall Classic, one sure bet to play 1B Josef Stalin you need a lefty playing first defense like Helen Keller is Reggie Jackson. 2B Richard Nixon you need someone who knows how to shift in order to make Rumor has it that Yankee president, the pivot, and we know how shifty this man is. % George Steinbrenner, anxious to protect SS Jesse James he can gun it to first better than Burleson. his investment, has asked Bowie Kuhn for 3B jack-the-Ripper good hands are a must in order to play the "hot corner." permission to include a beeper in all If Attila the Hun and Ivan the Terrible one can't hit lefties, the other righties. baseballs to be used by the Yankees next cf Napoleari covers more territory than Mickey Rivers. season. The 2.9 million dollar man was rf Mussolini he wouldn't be a left fielder. recently taken out of the starting lineup c Idi Amin a good catcher needs a strong arm and Idi's strong arm tactics are for the crucial fifth game against Kansas legendary. City. When asked for his comment, Reggie, P Son of Sam and they say Nolan Ryan throwsbullets. a man rarely noted for his modesty, ..:,,*.,i ttuvw n„ii_ e.it iwj.m OH -Louis Lepke who else? k ..replied, "Sitting me down is not the easiest Relief specialist« Who elsßShrfuM'cdme'o-t ofWe'«_ltyertrr " on thing in the world for Billy Martin to do." Manager Adolf Hitler he'd take these guys if they couldn't hit. * - .. -—— -— — — - — — — — — — - - .. - — — — ~ .„..,. ... International Law An American Failure Many years have come and gone since the advent of law in our civilization. In fact, law has been around longer than we can remember, or perhaps longer than we would like to remember. Yet the field of. International Law is an infant relative to the history of law. International Law's development in respect to protecting the individual's rights was initiated in 1948 with the United Nations' Universal Declaration of Human Rights. Thirty years in the history of a civilization is a short time indeed. Perspectively, this would be equivalent to the early 19th century in America, in terms of our country's legal development. The "Law of Nations" is a new field, as can be detected in perceiving the vitality, idealism and dynamism found in those active in thisfield. Particularly in the last few years, countries have been gradually accepting the fact that human rights are a matter for international concern, which in turn has provided the impetus for the development of many new rules pf international law. Some critics say that there is no such thing as International Law; that it is an abstraction, there is nothing real to grasp onto. Some of this criticism may be justified, but, as Walter Tarnapolsky told an audience at J Please turn in any appropriate material I by 4PM on Wednesday, October 26 I room''a623, O'Brian in ■~~'? ;". **"*.r''l to <n9di:ianl ifiTtijiTiSfl ■ frr"*r Hall. : On Point: by Dean Silvers j the Law School, if one can make even a minute effective change in the field of human rights, it is better than total abeyance, which is the present situation to be found in human rights. Such is particularly true knowing that we are at the foundation stages in this field, and every minute change holds many enormous possibilities for the future. Tarnapolsky, who spoke at the Law School on October 4, is a professor at Osgood Hall, York University, in Toronto, Canada. He is also president of the Canadian Civil Liberties Union and a member of the United Nations Human Rights Commission. The Human Rights Commission of the U.N. is a commission set up by the Optional Protocol to the International Covenant on Civil and Political Rights, drawn up in 1966, and just recently ratified. Article I states that the Protocol "recognizes, the competence of the Committee to receive and consider communications from individuals, subject to its jurisdiction, claiming to be victims of a violation by that State Party of any of the rights set forth in the Covenant [referring to the International Covenant on Civil and Political Rights]." Practically, the Commission is an example of the implementation of human rights on a real level, allowing individuals to submit complaints about individual violations of Fortunately, the ridiculousness human rights to international and hypocrisy of such an action made die Little League rescind adjudication. Mr. Tarnapolsky is a reserved such an action quickly. True, there is no real litigation, man, but within his reservation, he exhibited a dedication which in the American t sense, in has affected even the most international Law, and i» is skeptical of those in the field of difficult to enforce judgements. human rights. He readily admitted But International Law works in a that even if a filed complaint scope entirely different from our managed to survive the many American legal system, and many levels of inspection and got to the fail to recognize this. In final stage before the Commission, International Law we are dealing there is a strong chance that no with entirely different cultures real action would ever result to and civilizations, that are provide the petitioner with attempting to deal with one justice. But he also felt that the another at a common level of legal U.N. proceedings in such an area and human understanding, which are not, as some say, "a panacea at times looms as a seemingly in a world in which the most insurmountable obstacle to any universal thing about human progress in human rights. Nevertheless, accessibility at this rights is their violation." There is a bright future in this stage of international legal area. There exist numerous development is the first major problems. A major one is, as step of getting one's foot in the previously mentioned, the remark door and saying: "We are here to that there is no such thing as stay; you might as well get used to International Law. This belief is us." We are dealing in politicat asserted because, to the provincial American legal mind, there exists realities in 'procuring the no facilities for "enforcement" normative consensus of the [translated punishment] in the nations of the world, which is an system, and, thus, it can not be a essential factor. The areas, system of law. It's sort of: "If you conceptions, and strategies must be different. It involves a are not playing in my of the defense of then don'usfay at all." Americans rights versus the risk of literally—fried such a maneuver / recently by banrfing foreigners \Vfinding "ill-favor" in a country's from participating in the Little eyes for interfering in its "internal 4.eague World Series because the jaffairs," and a fear of hurting a country's "feelings." Americans were constantly There are many issues to be beaten by the Taiwanese. . .-/human - , foi dealt with in this area which have been ignored due to spacial limitations. The area is replete with sensitive issues and problems. The attitude that there is no such thing as International Law is an example of thfr ethnocentric "Ugly American" syndrome which has hurt this country all too many times in the past For example, the U.S. is lone in the world as the only country not ratifying any of the recent major human rights declarations. We are oblivious to this area that will definitely play an integral part in our society in the time to come. At the Law School, we have been shamefully disregarding this pertinent field. We have cutback on many of our International periodicals, and the priority we once had for International Law is nonexistent. Such a travesty must be rectified in order for us as a school to maintain any credibility as a national level law school. With the future technologically-oriented society coming closer and closer, and as McCluhan's global village looks like it is becoming more and more of a reality when we can be in London in less time than it takes to watch "My Fair Lady," it becomes all the more essential for America to realize the error of its ways and to make amends. Perhaps we are grasping at straws, but Americans particularly and the world in general have ignored these "straws" for too long. Opinion October 20, 1977 7 �Criminal Law The Growing Federal Interest out-of-state citizen becomes a uses the phones to provide its victim of a crime, the federal service. Once recognizing that the Ever since I was six and my government (for any or all of the Federal government has an mother told me I was a complete reasons they tell us in Kadish and interest in deterring homicides, an interest in seeing one only has to take Perez one schmuck for not wanting Nixon to succeed to the the guilty punished. Nor is the step further to say that it may presidency, -("he was the federal government's interest in become involved in all homicides. vice-president, he had to be good homicide limited to an .isolated A big step yes, but one already didn't he"), I've had what one civil rights case. In the-last fes going in the direction of the Perez may regard as fairly liberal years about 15 F.BA, organized .'decir;,-.'.i. How involved should the political leanings. So over the past crimes informants have been year, when I've found myself killed. Over the years countless federal government become in seeing the need for the federal other witnesses seemed to have criminal law? Federal laws should government to exert itself in the been intimidated one way or exist to protect all universal area of criminal law, an identity another. The threat of murder, no values. Such values include the crisis has begun to set in. You doubt carried out sometime, being desirability of protecting life, know, more laws, less individual one, such form of intimidation. liberty and, for the most part, freedom, etc., etc: Was a year-of ■. Surely organised crime area, property!; Every state has laws r law school turning me into a in which the federal government very similar In ! mahy' respects' Goldwater Republican, or at least I has an interest. I mean organized upholding these values. Why not a Republican with Nadjari crime is not exactly a local have one set of laws? Besides tendencies? Was it a term of Iproblem, and if qne wants some allowing the federal government criminal law with Al Katz? I legal justification well 0.T.8. is to become involved in the cops not the only betting service that and robbers game, extradition Neither. After talking with a few people, I found I was coming out on the side of the "good guys" the federal government,, in the (Continuedfrom page one. ne'veY-eliding federalism the Birth Control Centers The Spectrum, UUAB which jjrovfdes a lot T?h« .l.Oth- of-the 1films,.and concerts on campus, etc. The SBA must pay an amendment, Strom Thurmond allocation fee in order for law students to make use of these services. and other states righters not Supposedly, the SBA has some say in how these services are run by its withstanding, its time for the participation on the Board. However, as pointed out above, the SBA federal government to replace the has little effective voice on the Board. Madeline Bernstein, the new state as the basic unit in the SBA treasurer, stressed that "SBA has no bargaining power on its criminal justice area. iown." When the framers of the Sub-Board has indicated that rtext year's allocation fee will Constitution left the police power | probably be changed from a pro-rated fee according to the size of the to the states, they couldn't have I budget of the student body involved, to a flat $1000 fee. This would envisioned how society would substantially raise all the Sub-Board student government allocation now lifestyles and their 1fees, except for those of SA and GSA who dominate the Board. grow interrelationships have cut across Withdrawing from Sub-Board as far as those services are concerned state lines and have become < would impose a substantial hardship on most law studentswho tend to il.iflon.tl IH stupe. Following this re|y on a great many pf §Hprßpafd &V()9?h Sub-Board has at least growth, crime has gone from i implied that SBA failure to pay the allocation fee would mean that law being basically local in nature to students would be barred from any student-only activities and services becoming national in scope. of Sub-Board. This state of affairs is one reason why the mandatory Another problem that has student fee may have to be raised in the near future. At present, there resulted from the states being the ( does not seem to be any viable alternative method of providing the basic unit of criminal law, has same services to law students that Sub-Board does presently. been the evolution of what might In response to inquiries about the status offunds left over from be described as "home-town" |past years and criticism about a lack of communication on budget justice. In certain parts of the |matters in general, Cosentino proceeded to detail the financial Neil Young has structure of the SBA and its present policies. country, (hint not endeared himself to this area), "We have been operating on a deficit budget for the last few it is not out of the ordinary for years," said Cosentino. "Any funds left over from prior years'have the state and local police to have |been used to pay billsand expenses not met by the present mandatory its'' biases ag-ihst certain segments student fee; "-'di-, coureu; ou :iw',r.-' ~:■ ■ of the population, for example, Cosentino and other SBA members indicated that although there young people with out of state was! money not used by student organizations and by the SBA itself, license plates (even if the Allman | these monies did not constitute "slush funds" for the personal use of Brothers are coming from the SBA members. In fact, such 'left-over' funds are dwindling, and there speakers of their V.W. van) and jis less carryover money available each year. This situation combined going back a few years, although with the Sub-Board fee problem indicates that students' fees will have still existing today on a lesser \to be raised over the next couple of years to reflect the true needs of basis, blacks and civil rights i the SBA and student organizations. The other alternative is drastic workers. This has resulted in reductions in the funds available for what few law student either the police coming down organizations there are, and this would probably mean the demise of a extra hard on these types they few of them. dOn't like (one might say abusing Cosentino readily agreed that the past financial policies of the its discretion), or the police SBA Board had led to this sad state of affairs, but hoped that itcould looking the other way when the be corrected without undue cost to the students. Cosentino did point local citizenry does its thing as out that the law school mandatory fee was quite low at present. "The they say. I know about police and SBA has been reluctant in the past to raise the fee by any great prosecutorial discretion, but lets amount because of great student resistance," he said. not get carried away. It is getting to the point where the fee will have to be raised again, While there are about three even though it went up $1 last year. A referendum does not have to be times as many federal criminal held to raise student fees: SBA has the power to vote such increases. laws as there were 25 years ago However, law students do have the right to vote on the existence of (or some similarly outrageous mandatory fees. This is voted on every 3 or 4 years. Making such fees figure), this does not mean that voluntary would probably result in a drastic cutback of the SBA the federal government's budget, and a massive reorganization of student affairs would be involvement in this area is all that necessary. it should be. We all learned in In response to criticisms that while organizations in the law school Con. Law how Deputy Price and have been asked to trim their budgets, the SBA has not made known his friends were convicted of 18 any of its own belt-tightening measures. Cosentino indicated that SBA USC section 1242 (or something budget information was available to any student.He pointed out that close to that), depriving three civil the SBA budget is printed in Opinion every year and that open rights workers of their life meetings of the Finance Committee and the SBA \p general are held in without due process of law. That's which any student or organizations may make their interests known. after they killed the three. That's "The state of the SBA budget affects everyone. Student feedback like giving the U.S. Army a is badly needed on students' wants and needs," Cosentino said. He summons for littering the streets hoped that more students would take advantage of open meetings like of Hiroshima. Once any this one to express their viewsand find out what is going on. While the by Bill Brooks — ' ' - ' Columbus Day Meeting Sparsely Attended • ~ : — ' > << < - ,< ,, ., < 8 problems would be alleviated and ""prevent such relationships? And if any criminal acts would be treated a U.B. law student wants to a book-burning on a more equitable basis than in conduct the present system in which ceremony, stoned out of his or penalties \for similar crimes might her head, while carrying on polygamous relationships? Well if vary greatly among states. No doubt states-righters would it conforms to community claim 'that people from every state norms... And if these students are different and have a right to are from Section 3 ~. Indeed, th,e different law. Let's take this one Burger Court has adopted this sort rationale in step further people from city to of developing for pornography. city are different. Why not have standards criminal laws that relate to (That's the only thing that worries particularistic values drawn up by me.) Where does that leave the state city councils or other community legislative bodies. Why should a in developing criminal sanctions. legislator from Utica, or a Not in all that prominent a congressman from Dcs Moines position. But then againv we are determine marijuana laws that will not living during the period of the affect kids in Manhattan? Why framers. It's about time to shouldn't mothers in West re-examine the role each level of Virginia have a greater say in what government should play in the books their children will read? If area of criminal law. Mormons in Salt Lake City want to practice polygamy, should legislators from the other side of they have the different values, \impose their values on these people and October 20, 1977Opinion ' SBA may be guilty of some lapses, there does not seem to be any excuse for student apathy, when the issues involved affect them so directly and when students' complaints pertain to increases in fees and the lack of funds for organizations. The Finance Committee and the whole SBA are presently revising the budget to meet the increased cost of the Sub-Board disbursement fee. All student organizations have been asked to submit budget reductions rather than leaving the cuts to the SBA. The revised and reduced budget will have been voted on and approved by the time this issue of Opinion is out. The new budget will be printed in the next issue. As of press time, a preliminary budget had been set in which all proposed student organization cuts were accepted and the SBA cut out funds for picnics, reduced party funds and other budget lines. The most severe cut was the elimination of $500 from the NYPIRG budget. According to Cosentino, NYPIRG originally said that $50 was needed for them to maintain an ojfjceat the Law School. There is already a large NYPIRG office on the third floor of SqUlre H_ll 6h the Main Campus. However, the additional $500 was requested in order to vote in NYPIRG decisions. The law school chapter needed this -minimum $500 allocation to ensure voting rights. While regretting the cut, Cosentino said that the SBA felt that the budget was too tight to provide money for such a voting right. Moving on to other areas of discussion, Brenda Bodenstein remarked that, "one factor contributing to the Sub-Board problem was the fact that SBA breaks down over the summer." SA members of Sub-Board receive stipends and therefore are available over the summer. Most of the representatives from the other student governments do not receive stipends, and therefore are not around. Both Aviva Meridian and Andrew Cosentino had to take timeoff from work to attend the Sub-Board meetings when the crucial fee decisions were made. But the medical and dental schools weren't represented at most of these meetings, so SBA could only sit back and watch. The fact that SBA members were not around contributed to the inability of the SBA to take steps in procuring a new disbursing agent and the general lack of notice to students and organizations concerning the possible freeze of funds. The SBA hopes to establish some skeleton summer staff to prevent these types of problems in the summers to come. One student attending the meeting suggested that the attendance records of SBA meetings be published in Opinion to enable students to find out what their representatives are doing. Cosentino indicated that the minutes of SBA meetings which include such information are already open to students who wish to read them, but that releasing the figures to Opinion would not be a problem. Mike Shapiro, a First-Year Director, pointed out that he had submitted a proposal to the SBA Rules Committee to tighten up on the attendance requirements for SBA meetings. Presently, missing three consecutive meetings of the Board is grounds for impeachment, but a valid excuse for missing the meeting and notice to the Board of non-attendance is enough to cure most absences. In spite of this lax policy, a member of the SBA was recently dismissed for attendance failures. Cosentino had hoped to make use of the October 10 meeting to organize a law student lobbying effort in Albany. The SBA would hire a bus to take students to Albany to ask legislators for more financial aid for law students, to allocate more needed funds for the library, and to consider separating the law school budget from the rest of the UB general budget. Since the meeting was not well attended, only limited interest in such a venture was indicated. Cosentino will continue to try to organize such a trip if there, is sufficient interest, and anyone wishing to participate ia this lobbying effort should contact the SBA office. At the close of the meeting, all of the candidates for the recent SBA election gathered to talk with the few students who were present. There were too few people to have an effective election forum, so the meeting dissolved. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-10-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/20/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5298729ed6dae563390090cc9779d871.pdf e8da70fd14c128292af901269e0b3b9d PDF Text Text Kamisar by Mike Buskus This year's to Deliver Mitchell Lecturer V outstanding law professors in America by Time magazine and his role as an advisor to the American Law Institute's Model Code of Pre-Arraignment Procedure. i His publishing credentials encompass widely diverse areas of criminal Jaw. They include right to counsel ("A dissent from the Miranda dissents," 65 Mich.L.Rev. 59 [1966]), the death penalty (Student Lawyer [May 1973]), police tactics (49 Corn.L.Q. 436 [1964]), illegal searches and seizures (1961, U.111.L.F. 78) and others. Kamisar's first professional publication while teacher of law was in 1958. It dealt with euthanasia, the topic he is returning to twenty years later as the Mitchell lecturer. That article was entitled "Some nonreligioUs views against proposed 'mercy Killing' legislation,"- 42 Minn. L. Rev. 969-1042 (1958). It remains the classic exhaustive analysis on the topic. Mitchell Lecturer is Professor Yale Kamisar of the University of Michigan Law School. Professor Kamisar will present his lecture on the topic of euthanasia on Thursday night, November 10, at 8 p.m. in the Moot Courtroom of John Lord O'Brian Hall. The public is invited to attend. Professor Kamisar is a widely renowned expert in the field of criminal law and criminal procedure. Presently a full professor at Michigan, he has been a professor at the University of Minnesota as well as a visiting professor at Harvard. Kamisar has authored several standard textbooks in the constitutional law and criminal law areas. He co-authored the Lockhart, Kamisar & Choper Constitutional Law text His pioneering Modern Criminal Procedure (co-authored with Hall Israel) is the seminal work in the field of criminal procedure texts. Selection as Mitchell Lecturer Kamisar's accolades include his Kamisar was selected as this year's nomination as one of the ten most Mitchell Lecturer by a joint student-faculty — , _ Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18, Number 4 committee, composed of equal of both students and faculty. Initially, the committee compiled a list of some 100 possible lecturers from the fields of law, politics and government. Finally, the field was narrowed to five of the most prominent persons on the list. Those persons were contacted as to their availability for a lecture and published article. The list was finally narrowed to several persons, including Senator Mike Mansfield. Professor Kamisar was ultimately the committee's first choice for representation speaker. The annual Mitchell Lecture is made possible from a grant from the late James •Mitchell. Mr. Mitchell left a bequest of approximately $35,000 to the law school for the sole purpose of funding speakers of geheral interest. Each year, speakers are financed from the earnings of the fund. The principal amount is left intact. In addition to the main Mitchell Lecturer, several other noteworthy speakers are funded each year by the grant. This year's program to sponsor Professor Kamisar's Opinion State University of Mew York at Buffalo School of Law Professor Kamisar visit for a four day stay-in-residence at Buffalo will cost $1600. The tentative itinerary for Kamisar's visit is as follows: He is scheduled to arrive on Tuesday afternoon, November 8. He will appear as a special guest of Judge Ostrowski's Criminal Procedural class that evening, rt On Wednesday, November 9, Kamisar will appear as a special guest in Professor Katz' Criminal Law I class. Afterwards, he Continued on Page 8 Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 November 3, 1977 Legal Services for Elderly Needed by Sharon Osgood Eve, Bakke Case Highlight Minority Law Day by Vikki Edwards - enroll in law schools. Law Day is also meant to provide a forum in which members of the community "After you finish law school, and the Law School can explore don't forget your roots come the relationship of law and' back to your community because society, especially with respect to it needs you." minorities. This was the point made by Arthur Eve gave a strong, several of the speakers at personal speech urging black BALSA's second annual Minority lawyers and law students to Law Day, held on Saturday, become involved in the October 29-, at the Law School. community. Eve then answered The agenda for the day featured questions from the audience, appearances by Arthur Eve, New many of which were concerned York State Assemblyman and the with issues in the Buffalo mayoral Democratic candidate for Mayor race. In discussing his plans to of the City of Buffalo, Fletcher Graves of the Department of improve the housing situation in Justice and Jesse Williams of the Buffalo, if he is elected, Eve BUILD organization, as well as stressed that he* wants to "get presentations by several law people back into the City." Eve. students, q uestion-and-answer also would favor a residency sessions, and, finally, a reception requirement for city workers such for all, those who participated in as policemen and firemen. He would also support a ban on sex the day's program. The purpose of Law Day is to i discrimination, though he sees provide information to those little likelihood of its passage on interested in a legal career and to the local level in the City of Continued on Page 7 encourage minority students to and Kirn Hunter — . An "H. & R. Block" type of office to assist people in filing for governmental benefits?. Thjs is the scenario predicted by Paul Nathanson, Director of the National' Senior Citizens Law Center in Los Angeles, California, in a lecture on Law and the Aging given at the law school on October 18. Nathanson speculated that a sliding fee scale would'be used for such services and that the Bar Association would not control it. Nathanson revealed many such plans in his discussion of the future of legal services for the elderly. Although a present need exists for specialized legal services for the elderly, Nathanson predicted that programs for the elderly Will merge with general legal programs for the poor in the future and that these new programs will be more sensitive to the needs of the elderly. One reason for the likelihood of this development ft. that the substantive needs of the elderly are similar to those of the population in general. Another development which he expects is "back-up center" service which will provide research and advice to private attorneys who take pro bono cases. He noted that a bill has already been submitted to the California Legislature which, if passed, would provide 1.5 million dollars for such a back-up center system. Mr. Nathanson's office has also drafted a similar bill for Senator Edward Kennedy that would provide for a national back-up center for the elderly. Nathanson was adamant that legal services for the elderly not be just another social service. A professional legal program dealing with statutory and regulatory problems and engaging in major impact litigation cases which would affect the elderly in a significant way is badly needed to provide viable ( services for the elderly. He observed that legal services for the elderly programs do take individual cases in such subject areas as conservatorships, government benefits problems, contract cases and wills. This work is important in order to protect the .rights of the elderly. Guardianship hearings involve the right of an elderly citizento have power over money, home and , even friends. Yet, according to Nathanson, less than 2% of the elderly are represented by counsel in these proceedings. According to an Ohio study, when counsel is present, there is a much greater likelihood that institutionalization of the senior citizen will not result. The National Senior Citizens' Law Center deals more, however, with major impact cases, providing consultation and litigation services to all legal service programs. For example, they have recently been involved in a lawsuit to force the federal government to release funds approved for a senior citizen's I nutrition program! Paul Nathanson One problem that a program such as his faces is in the dissemination of information after a victory has been won. "We need to disseminate information on what happens so people can react to it," he said. "Passing legislation is worth a hill of beans if no one has heard about it" Nathanson also noted that "Laws and cases don't mean much unless there is follow through." To illustrate, he mentioned that Mr. Wiesenfeld of Social Security widower benefit fame, whose Supreme Court case was decided in 1975, had not, as of a few months ago, been processed through the Continued on Page 7 �Guest Comment: 'Merit' Selection Urged by Jasen I should also point out that in' the beginning of our statehood, the high court judges in New York, like Justices Senior Associate Judge of the United States Supreme Co_urt, were appointed, not New York State Court of Appeals elected? In point of fact, election of judges came rather late with the Constitution of 1846. And, interestingly, In the November election the voters of New York within 20 years of the T846 Constitution, the drafters of Stale will vole not only for local officials and upon local | the judicial election provision were disappointed and issue-., but, additionally, they will be called upon in ( disillusioned with it in practice and, in fact, proposed its statewide referendum to vote upon a variety of |repeal. not be permitted to "buy" a seat on the Court of Appeals amendments lo the New York State Constitution. Three of This is not to say theCourtof Appeals is net a leading with an intensive and expensive advertising camapign, those amendments (Nos. 1, 2 and 3) propose major repairs court. It is and has been, but nofhecause of the method especially one- based on misrepresentation and misleading (of electing judges. It has taken incessant pressure from the to the foundation of our state judicial system. If the trend continues, some have perceived as statements. Amendment No. 1, if approved, will eliminate partisan »,-organized bar associations, the vigilant press and good real the danger that the Court of Appeals will become a elections in ihe selection of the seven judges who sit on the government groups to force the political parties to court to which only the rich and powerful may aspire. State's highest court, the Court of Appeals. Amendment nominate acceptable candidates. In the process there have That indeed would be a calamity. No. 2 proposes to vest direct responsibility for the been some notable successes and some failures as well, and We should take our cue from Chief Judge Charles D. administration of the State's trial courts in a Chief of the great judges, ironically most of them initially gained Breitel, as well as«present and most former members of the Administrator of the Courts who would be appointed by a seat on the high courtby appointment of the Governor, Appeals, who have urged that the judges on our Court of the Chief Judge of the Court of Appeals with the advice not by election. The results under the present system, in court should be appointed, not elected. Also, the highest and consent of the Presiding Justices from each of the four any event, have not been uniform, and in the final analysis President's Commission on Law Enforcement and well departments into which the State's judicial system is a politically acceptable candidate is no substitute for a Administration of Justice observed: divided. The third amendment on the ballot is designed to qualified appointee that Amendment No. 1 assures. of -streamline existing constitutional procedures for the I have also heard it said that the partisan election "The elective process, particularly ifjudges are elected discipline of judges for misconduct and their retirement judges to our highest court is the "American Way" of of political parties, has not proven an ■ as candidates minority of from office in cases of physical or mental disability. In my choosing judges. Hardly so. New York is one a for choosing persons to fill an office as system effective opinion, each of these proposed amendments warrants the of only twelve1 states that selects its high court judges in daily political pressures as the judiciary removed from only of five that support of the electorate as they represent a major step partisan political elections. And it is one should be. Selection of candidates tends to be dictated to toward the goal of a better and more efficient court selects its Chief Judge by such.method. All the other fifty an excessive degree by party considerations and other of merit selection. system. states have adopted some variant unrelated to the candidates' qualifications for factors Since the most discussed amendment has been No. 1, Surprisingly, there has been no movement by the the electoral process gives the voters little office, and to that the ; suggest the selection of the seven Court of Appeals Judges, I will opponents of this amendment opportunity to weigh the relative abilities of- the limit my remarks to this important proposal. Constitution of the United States be amended to conform candidates ..." judges so as to require At the outset, it should be noted that this amendment to the "American Way" of choosing does not provide for'the appointment of all of our judges that the Justices of the United States Supreme Court, as Merit selection is then clearly imperative to the in the various courts throughout the State, but is limited well as the other Federal judges, be ejected in a partisan continued prestige and quality of the Court of Appeals. only to our highest court, the Court of_Appeals, consisting election. Virtually every organization that has studied the issues, of seven judges. The remainder of our judges, Some of the same critics of the proposed amendment and New York State Bar approximately 3,500 in number, are not affected by this argue that the people should not be deprived of their including the American Associations, the American Judicature Society, the judges highest the on our 130-year old rightto choose amendment. on Law Enforcement and President's Commission It has been said ■by some opponents to this court by "popular election. Again, we need only look at York State League of Justice, Administration of the New to 1972 the amendment that there" is "no "proof that the merit the record to discover that for 122years prior Courts, has for Modern Voters, and the Committee Women appointment of Court of Appeals judges, in place of j/average citizen had no voice in the selection process, as no of election and the partisan endorsed the elimination primary a the partisan election, would bring us better judges. I disagree -ii/ candidate could challenge in high court for appointive system of an establishment already made for him by political leaders. The there is abundant evidence. We need only look to the judges with accountability and safeguards provided to discover that most of the great judges to serve on thc[_ law did not allow primary election for the office of Court 'through screening or confirming commissions. judge. Since 1972, after a change in the law Court of Appeals in this century were initially appointed As stated before, Amendment No. 1 is designed to by the Governor, not elected, to the State high court. allowing primary .elections, there has been a primary Leading names in American and State jurisprudence, Such election in each and every'year a vacancy'on the court eliminate partisart politics in the selection of the Chief as Cardozo, Pcjund, Crane, Andrews, Loughran and the occurred, 1972, 1973 and 1974, thus requiring some Judge and the six Associate Judges of the Court of two most recant Chief Judges, Fuld and Breitel, were candidates to run. statewide twice in the same year for the Appeals, and to establish merit as the sole basis for initially appoilted to the Court by a conscientious same office once in the primary and again in the general selection by insulating that process from the influence of Governor to tjl a vacancy or to serve in time of special election. Furthermore, during the recent twenty-year politics and wealth. The proposal provides for the need. Each raving proved himself, later nominations and period between 1952-1972, there were only four contested establishment of a twelve-member non-partisan election to a full term on the Court of elections for the Court of Appeals. The other thirteen Commission on Judicial Nominations, with four members by the Chief Judge, and confirmed the merit of the initial gubernatorial elections during this period were uncontested, as political appointed by the Governor, four by principal majority and minority one each the four appointment. leaders of both major parties cross-endorsed the same leaders of the State Legislature. The Commission will have The People of the State may expect and demand this , candidate, thus depriving the voters of any choice. caliber of jurist under a merit sclction system as proposed The appointive system, it has been said, will work a high degree of public "representation. No member of the combining No. gubernatorialagainst 1, Amendment in qualified women, blacks and other current Commission may hold any office in any political party. appointment, a non-political nominating commission of minorities. One need only look to California, an Nor may any lawyer member be appointed to a judicial J state, to refute this argument. A woman and a office while serving on the Commission Or for at least one citizens and confirmation by the People's elected State 'appointing Senators. This is the- evidence that an- executive black, both found wclLqualified, were recently appointed year after terminating service on the Commission. The Nominating Commission is charged with appointment system controlled and strengthened by to its highest court. Here, in New York, both a woman and evaluating the qualifications, of all investigating nominating and confirming commissions involving a candidate, Judge Nanette Dembitz, and a black, former political, social and economic cross-section of the Presiding Justice of the Appellate Division, First candidates for the Court of Appeals. It may recommend to corhmunity will produce better judges. With such careful Departrncnt, Harold A. Stevens, were defeated in recent the Governor only persons who are well qualified to serve on the high courts, and its recommendations must be provision for participation by. citizens and the People's contested elections for'the Court of Appeals. x-Indeed, Learned Hand, one of the greatest of accompanied by a written report. The Governor in turn elected representatives in the appointment process, the American judges as an appointed Federal Circuit Judge, must appoint from among only those persons charge that the system is "elitist" is untenable. recommended by the Commission. As a further safeguard, November 3,1977 ran a poor third in a contested election for Chief Judge of and following the Federal practice, the nominee selected Vol. 18, No. 4 the State Court of Appeals. Prior to 1972, the selection process '»for judges of by the Governor is subject to confirmation by the-people's Kirn Hunter Editors-in-Chief New York's highest court; particularly the office of Chief elected representatives in the New York State Senate. In sum, if New York is to have modern courts, It is John Simsoh Judge,- Was relatively immune from partisan politics. Becky Mitchell Editor However, in the last three Court of Appeals elections, in imperative that all three proposed court reform Randi Chavis Photo Editor 1972, 1973.and again in 1974, we have had a succession of amendments become part of our constitutional fabric, Ted Firetog Business Manager contested and sometimes bitter primary elections. The They represent the first genuine reform of the basic Staff: Bill Brooks, Mike Buskus, Tim Cashmore, candidates in these campaigns expended staggering sums of institutions of the court system since 1962. They move 1 Shirley Gorman, Jim Paris, Sheryl Reich, Michael money, mostly for television advertising characterized by our State into the mainstream of court modernization in I Schwartz, Mike Shapiro, Dean Silvers, Dwight Wells, irrelevant slogans. Meaningless or tasteless television the nation and toward the goal of a truly unified, a I Joyce Zanglein commercials have been substituted for meaningful competent, efficient and effective court system with! Contributors: Larry Cohen, Hon. Matthew Jasen, Vikki discussion of the real issues, thereby masking the "justice for all." qualifications, or lack thereof, of the candidate. Since the Edwards, Sharon Osgood 'Alabama, Arkansas, Georgia, Mississippi, Northl Copyright 1977, OPINION, SBA. Any republication of points emphasized in the television spots usually have no Carolina, Tennessee, Texas, West Virginia, New Yorkß materials herein is strictly prohibited without the; express relevance to one's performance as judge, voters are given Pennsylvania, Illinois and New Mexico. written consent of the Editors. OPINION is published every 2 1954 exaggerated expectations about the candidate. Burke-Foster; 1960 Foster-Ughetta; 196* two weeks, except for vacations, during the academic year. It is Sorry is the aspirant to judicial office, however well Scileppi-Christ; 1965 Keating-McGivern. the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, qualified, whoJacks the vast sums of motley now necessary Editors' Note: Judge Jasen presented these viewM N.Y. 14260. The views expressed in this paper are not to finance a slick and winning campaign. In the last three personally in a lecture at the law school on necessarily, those of the Editorial Board or Staff of OPINION. campaigns for the Court of Appeals, 1972,1973 and 1974, November I. The Opinion staff OPINION is a non-profit organization, third class postage would like to encourage <M entered at Buffalo, N.Y. Editorial policy of OPINION is it Is estimated that in each of these years the campaigns of qualified voters to express their views on them determined collectively by the Editorial Board. OPINION is the candidates cost more than one million dollars. I believe amendments to the New York State Constitution, funded by SBA from Student Law Fees. Composition: it is downright indecent to spend a million dollars to choose jheir public officials as well, by voting nM University Press at Buffalo, Sub-Board I, Inc. "elect" a judge to our higfuft court A candidate should Tuesday, November 8. " by MATHEWJ. JASEN , , , , , f , * - flection - , ' ,j ••■■ j - - - - TuesdaM andM ' K NdvemU^m^,Crpint6^ 2 �John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 Volume 18, Number 4 Opinion „ Non-Profit Organization U.S. Postage PAID Buffalo. Now York Permit No. 708 State University of New York at Buffalo School ofLaw November 3, 1977 An Examination of Trick-or-Treat as an Implied Warranty The realism of the seventies is got an apple from the bowl. I us.. I discovered ' that took out.my Remington Electric Monday night as I engaged myself Shaver and stuck it jn the apple. I with 50-75 youngsters out for composed myself and quickly Halloween. Gone were the $1.29 came back to the door. I gave her costumes from Grants or the apple and smiled a Woolworths (Gone are Grant's, supercilious "Soames" smile as and Woolworths almost!). No she departed. I was truly upset. Not even my fairy' princesses, wicked witches, hoboes, scary monsters or rag new toaster that plays instant replays of a genuine Buffalo Bills dolls. The first six-year«old who victory could pull me from the approached my door was dressed throes of 'my depression. What in a had happened to childhood. I quite immaculately three-piece herringbone L.L. shouldn't have asked myself that Berger's special. I asked her who question. I soon found out that she was, and she told me she was my most horrible fears would out for Halloween as the Western soon be confirmed. New York Financial Coordinator A commotion in the street for Merrill, Lynch, etc For brought me out of my reverie. fifteen minutes ,we discussed Machine gun fire split the night recent trends in the market; she and then lound rapping on my then informed me that for a slight door. Six four-year olds carrying guns, dressed in commission (four Hershey bars, as tommy I remember) she would pass the camouflage gear burst in. 'Trick or treat Amerikan Pig," word that our house was particularly poor two kernels of they chanted. "Hi, I didn't pay my phone tax candied corn which your mother' won't let you eat anyway because during the war,-" I said. its unwrapped, and some toilet 'The war is just beginning," they chanted. paper"Oh, you must be dressed up \ told her that I enjoyed meeting all the kids with their as German Terrorists for. neat costumes, gave her her two Halloween." "No, we are candy terrorists," candied kernels and toilet paper they chanted, "and you are a and bade her farewell. The next to approach was a candy ass!" "Of course," I answered. nine-year-old wearing jeans and an old sweatshirt. He said, "Hey, "Here's everything I got," I said, what's happenin'? This is dumping the remaining candy Halloween, can you dig it I mean corn kernels and toiletpaper into their swollen bags. like trick or treat baby." 'That woman was right," one "Who are you out as?" 1 asked. of them yelled. "A teenager of the next Halloween you era." "That's a pretty specific betters-be giving out big size Hershey bars or you'll have us to period," I interjected! "Hey, man its really where I 'm answer to. None of this at My third grade project was on unwrapped crap. You want kids the cultural rise bf the teenager"to dress up like hoboes, and fairy 1965-1971, and I'm reallySnfo godmothers, well when kids dressed up like that, they got it." "Well, would you like some candy bars, big ones, ones they don't make anymore." candy?" "Do you have any spare change?" An hour passed and no one came. I started eating the candy. Just then a small head appeared in the door. "Trick or treat and UNISELF." The young tykess was dressed in a long flowing white gown, with great aunt's jewelry, carrying flowers. I thought to myself how wonderful. A fairy princess. "Oh, you. must be a fairy princess, M"l said. "No, I am a follower of the Guru Belli Melli. Would you please buy a flower?" I ran in fright to the kitchen. I upon ... — , "Look, Count, / know it was a sample bite in the neck, but the D. A.'s gonna shoot for attempted rape!" Bell's Bell Rung: Students Win Tort Action v. Prof without any mitigating interesting interstitial materials, therein intentionally inflicting severe and This reporter has located a significant, butt traumatic mental distress upon plaintiff students, previously unreported case: Torts §1 v. Bell, 499J State Rubbish Collectors Association v. Siliznoff, 38 N.Y.2d 8876 (1976-. The existence of this Cal.2d 330. landmark case was apparently first disclosed last fallI Defendant, by appropriating key ideas of when an anonymous source left a copy of if on the plaintiffs for his own pernicious publishing pursuits podium of a certain' Torts professor. (The reader is has converted the mental property of plaintiffs, cautioned that all events depicted in the case areI Russell-Vaughn Ford, Inc. v. Rouse, 281 Ala. 567. fictional and any resemblance to actual persons, Defendant professor failed to meet the reasonable professional standard of care by living or dead, is purely coincidental). FACTS: Plaintiffs, the aggrieved class of neglecting to timely advise his students of their joint-tortfeasees brought a class-action suit againstt options to: (1) leave law school, (2) drop defendant, Professor Learned Bell. Plaintiff's; defendant's course, (3) transfer to Professor Laufer's class, (4) not attend class, (5) all of the above. rrirrrplaintstipiilatpfl the following: Defendant, during the faculty-student football I Professional malpractice is an actionable tort, Lally games and at other times committedassault againstI v. K«sfer,l77Cal.7B3. various plaintiffs by surrounding said plaintiffs withi Defendant's imposition of an excessively a display of vicious force, Read v. Coker, 138t lengthy incremental reading assignment superfluous Lng.Rep. 1437. Defendant's icy glares at" some to the preliminary syllabus was clearly a nuisance to plaintiffs constituted assault on analogy with the students. Such nuisance is an actionable tort, McFarlane v. Gty of Niagara Falls, 247 N.Y. 340. silent gunman, Rest., Torts f32m, Comment "d". Defendant on numerous occasions was unduly typically Defendant on numerous occasions thrice weekly compelled plaintiffs individually andI critical of individual student's comments or collectively to submit to the coercive confinement of arguments, subjecting those students to undue tortious classes in room 106, O'Brian Hall, which isi embarrassment and ridicule, dearly establishing tantamount to false imprisonment, Bird v. Jones, defamation and libel per se, Belli v. Orlando Daily Newspapers, 389 F.2d 579. 115 Eng. Rep. 668. Defendant willfully, repeatedly, and with malicei On numerous occasions defendant unreasonably aforethought assigned and covered in classi compelled plaintiff students to answer his irrelevant unconscionably dull and irrelevant materials, and inconsequential questions, constituting an obnoxious invasion of the right to privacy, an actionable tort, Flakey v. Greensboro News Co., 212 "This means 111 have to N.C. 780. scrap the Bride, too!" CASE HISTORY: Plaintiffs filed their well-pleaded complaint. > Defendant demurred. The demurrer was overruled. After evidence was submitted, defendant \ entered a motion for a directed verdict, which was denied. The jury reached a verdict for plaintiffs. Defendant's motion for judgment n.o.v. was denied. Defendant's motion for a new trial was denied. Defendant appealed to the Court of Appeals, after obtaining a rule nisi. ISSUES DECIDED: Were there any, reversible errors at trial? NO. " DECISION: Rule discharged. Judgment absolute for plaintiffs. OPINION: (The Chief Justice) Res ipsa loquitur COMMENT: The trial verdict was to compel defendant to award all plaintiffs an "H" in torts. by Mike Buskus -, , : , r - — . r : r r , , ' 3.1977 3 �Schwartz on Spdrts:^ ' Free Agency Hits Law Faculty by Michael Schwartz Concern swept the law school recently when it was announced that Howard Slusher, the uncompromising football players' agent, has been meeting with selected faculty members. As "a result of this meeting several professors have refused to perform essential teaching functions unless their contracts are renegotiated. Inside sources report that Mr. Joyce will not hand in the Grat Trans, grades, if his demands are not met. Slusher,' well known for his creative and drastic tactics, has formulated a strategy which will force students to pressure the administration to concede. As the first step in this campaign all faculty have refused to write recommendation letters until meaningful negotiations are underway. Those few students, who have yet to find jobs, were seen hounding the Dean to settle the dispute. To further increase student pressure, those Rrofessors who give D's only when faced with a blank exam have threatened a drastic change in grading policy. Preparing for the worst, the administration has called upon all former research and writing instructors to take over the first year classes at a moments notice. * * * * I would like to thank the many people who have sent cards and letters expressing their romantic interests in Benny the Fan, star of the last Opinion issue. Unfortunately Benny is unable to make public appearances at this time, but unconfirmed reports have indicated that Chadsworth, Wadswortr Counsellors ai One Worth Sti New York, New Yoi 212-56&529 Cable Address: WOF Lex Juris Udris, Esq. 106O'Brian Hall State University of New York at Buffalo School of Law Amherst, New York 14260 Prof Joyce, barely visible above, showing the exams he hasrefused to Dear Ms./Mr. Udris: grade until his contract is renegotiated. As part of his protest, Joyce refused to allow our photographer to focus and said further, "She knows why." j Benny is at the top of the list for commencement speaker. Benny is presently recuperating from injuries received at the hands of his roommates, who were slightly upset when Ben refused to turn up the sound when watching the World Series. * * OPEN SPORTS FORUM - Thank you very much for your recent lei resume. We are in the midst of our fall intc interviews on campus at seventy-three (73) I one of them, but for obvious reasons we canni generally give priority to applicants from law interviews. If we could interview everyone, we woul irrespective of the outcome ofany interview t this time, and, therefore, I do not believe that will be able to consider seriously your applies be a productive use of your time for you to cc necessity forced to form relative judgements of the academic records emerging from th< frequently a difficult decision to make and regret that it does not appear likely that we w could be considered. Your resume has been placed in our file time, and if our situation should change in th< I couldencourage you, but I find myself unab I am sure that with your outstanding n securing a challenging position when you grad We appreciate your interest in our firn located. Best wishes in your job hunting, I am, * * Convinced that there is a future George Plimpton in the law school community, SCHWARTZ ON SPORTS hereby announces an opportunity for any individual to submit humorous observations on the sporting world. The best of these contributions will be printed in a future column with appropriate credit given to the authors. Please submit all items to the Opinion office, Room 623 in care of S.O.S. Nightmares in the First Degree They wonder why I have nightmares. I can't help it but Criminal Law scares me to death, gasp for breath, take a rest, don't protest and lay down the book in despair. We started the year off with Ritter Andyou wonder why I'm so bitter. ■-' Kill your love, push and shove, Play roulette, make a threat, If she doesn't comply, well then slither. Legal Wo AII Hallow's Eve gives me no frights. Ghosts and goblins floating at night. Spooky spells, scarey yells, —' Crazy faces, spooky places, Can't give me a nightmare tonight! Benny the Fan seen recuperating in a nearby hospital, practicing for Commencement address. Auction Planned To Raise Needed Funds Every year, listener supported stations sponsor huge revenue-raising campaigns. Many sectors of the community come forward with promotional ideas and gifts to help raise the needed funds to keep public television and radio on theair. Last, year in an effort to improve The Criminal Justice System's public image, the District Attorney Edward CosgroVe and various Judges donated goods and services to the Channel 17 Auction. 1 Motion Unopposed in a C Felony or less 2 Suppressions Granted 1 Vacation for Two, of any sentence of greater than five years. These items proved quite popular, however, it was hard for those pledging to purchase such items without violating fifth amendment incrimination rights. Due to the shortage of funds here, it has been suggested that the Law School hold an auction of its own. There are plenty of things for which students would pay lots of money. Suggestions included were a free pass for uhpreparedness in Spangle's Comm. Transactions Gass; A Boston Red Sox hat to wear either to Tax I or Grat Trans.; a translation of any Civil Procedure Course. A semester's supply of No-Doz for ... JVoxemb&>3.l977 Opinion 4 B T R. S A V N E E H D R T R E^ F D A V S Z N I I A T C N E C T U E N W R T B ME- FELON -R L T I U There are 15 law-related words buried in more than one word, naturally. Here are y Article 2 of the UCC What an attorney accepts for representing someone -J The Supreme Court may grant you this If you cap't get jurisdiction in person, try this The burdened estate is this one A feudal slave It's more serious than a misdemeanor ■ - �New Theorists: Isworth & Butterworth All Quiet in the Citadel by Ray Gestae October 31,1977 o cent letter of August Ist with the attached all interviewing program which involves (73) law schools. Your law school is not ccannot interview at every law school. We >m law schools at which, we conduct these c would certainly interview you. However, rview we could not offer you a position at ye that the likelihood is very good that we application. We do not think that it would v to come here for an interview. We are of ments based on the fullest possible review >m the resumes submitted to us. This is c and was particularly so in your case. I t we will haveany openings for which you >ur files which are reviewed from time to i in the future we may contact you. I wish f unable to do so. ding record you will have no problem in v graduate from law school. ir firm and we wish you well in getting m, Very truly yours, , Kingsbury Wadsworth Trowbridge, 4th ford Box A L E S L H E L R N E C I P O S I C O I AT I M T C M Q A S W U O V I B J D G L N V H I I A F UQ. C After years of accepting the basic premise of Tort law, if it walks like a duck, talks like a duck, and smells like a duck, it's a duck, the great minds of our age are looking towards newer and more precise methodsof defining a Tort. 1 The Right Reverand Albert Soo recently criticized traditional Tort law as lacking in religion. McPinion reporters were on hand at his opening farewell and 'briefly interviewed him. Mc: "Al, you questioned Tort law as being atheistic or at least anti-religion." R.R.: "Well, Mc, as I see it there are two main problems. The first has to do with turning the other cheek. In Enos v. Marmaduke, 291 O.T. 6 (T0,410 ttC)/ the SupremeCourt held that when slapped a man must turn the other cheek. {This was later applied to women in 1972 A.D.) 3 Now, it certainly would defeat the purpose of the ruling if a person could turn the other cheek while suing for damages. "me Court stated, "Certainly the purpose of turning the other cheek is to show compassion, mercy, and forgiveness. Bringing an action of battery would seem to undercut this great public policy," citing Cain v. Abel (Garden of Eden Family Court).4 'The second problem as I see it is that the court never asks, 'Did the tortfeasee deserve it?' If they did, then why holler about it. The ( ways of God are mighty strange at times, but you can bet that things even up in the long run. So what right do judges have meddling in His scheme of things, awarding people money when they're worse_than those doing?" Mc: "So right Reverend,*"you 6 believe7 the first8 question should be, 'Did the plaintiff deserve it'?" 9 R.R.: "That's correct. Once that hurdle has been cleared, then and only then do we need go on to the second most important question." Mc: "And what is that Al?" R.R.: "How much money do the respective parties have. My feeling is that no matter how deserving a person may be, if they've got a lot of money, then fuck 'em." Mc: "Right Reverand, This is a family newspaper." R.R.: "Did you deliberately misquote me?-! didn't say that I'd never say such a thing as that. You're going to hear from my lawyer first thing in the morning." Mc: "No offense." R.R.: "Like Hell. Libel and Damage to a Preaching man's reputation is an offense of-the most serious nature." Mc: We're sorry if we made a mistake." R.R.: "Mistakes,.intentional slander, 1ibe1..." Another great theorist to surface in recent days is Clemington Samuel Larch. Clem has an eighth grade education, and served as the maitre de in Curley's Chicken House and Fine Eating Emporium. Clem's Tort expertise grew from his many years in the kitchens and the many intentionalfood poisoning Torts he was forced to defend. Clem's study of Torts centers on causation. In his most famous case, Pike's Stomach Disorder v. One Allegedly Rotten Canoli, Clem successfully argued that Salmonella organisms found in his Canoli did not per se equal negligence; and only if the Plaintiff could show that every item taken for the preceding two days was germ-free, could a case be established. We spoke to Clem about his new book, "Advanced Proximate Cause." An interesting work, Clem argues that when proximate cause is accelerated, the number of possible tortfeasors become so great that a rich person can always be found from within their ranks to subsidize the injuries of the defendant. For instance, in a car accident between two uninsured motorists, and an elderly couple, who have no money, were seriously injured, were not in any way negligent, and didn't deserve it: that couple could be allowed to sue The Bell Telephone Truck that slowed the car down ' A Poem from the Second Floor Person's Room Lawyers from Manhattan, frown on phrases Latin They think them ratherpompous, rather queer Why sayhabeaus corpus, or ipse dixit anthropomorphous When you can justas easily say "wishyou were here." ■ I wish those'token words would dry up justlike turds And get all flaky white and wash away There's nothing more annoying, so ego-self-destroying as visi proxi, de facto, "what didhe say." The client at this point became A lawyer who forgot to say "May I" after being awarded one so enraged at her lawyer that she Giant step by the Court of Petty kicked him in the shins and «'Claims, was sentenced to go back punched him out. Her lawyer then to.the beginning and start over. brought ah assault and battery Later action against her in the Petty Later in the same proceeding Claims Court. The Judge awarded the lawyer once again forgot to him $1.49 for damages to his say "May I" after being granted dignity and reputation as a To let an accused off the hook One acting like a trustee This order.assigns paternity You may have many residences, but you only have one of these This is the end we're after his motion for one umbrella step. lawyer. Ironically, The failure to say said words, To dispossess r "Perhaps an appeal would be advisable in your case." My Most Memorable Day In Court d in this square. Letters can be used in are a few clues: You can own this in simple This is the method by which one allegedly learns law earlier in the afternoon. Thus making the car reach that spot .11 CN.kth that time. Also joined would be The Seiko Watch Company. Ihe Automobile manufacturers and any other large organizations in existence within a forty-mile radius. (Spoken like a lawyer.) ' Clem has also been a pioneer in the field of "Consumption of Risk," which is particularly applicable in Food Poisoning cases. Clem's main thrust is that if it tastes good, whereby you cat more than one bite, ("I threw in the whereby to sound lawyerlike."), all liability ol the food preparer vanishes. Clem states, "So when its really horrible cooking and you throw up right away you havefcn action. I just don't think we should penalize really good cooks who just sort of mistakenly us*Three Day Old Pork that's been lying on thft#»ove." Clem's theory however was not applied beyond the area of actual foods and in One Lead Paint Chip v. Many Poor Brain-damaged Children, the court executed the attorney for the landlord organization who had the gall to suggest that "the stuff's really good for the kids, builds strong body's 12 ways. Lead makes you tough." (Spoken like a lawyer) when asked to in a vacation of said explain the bizarre series of events umbrella step and once again the that led to the-suit, the lawyer lawyer was forced to return to the reportedly said to local TV. beginning. newsmen, "May I." resulted. New Tort theorist "Clem" Larch sucking on an Apple cider cocktail. Opinion Novembers, 1977 5 �Program Established Space Cadet Intern Opinion discovered today that Anita Bryant's children, Bear and Bull, have been living in a home, shown above. Known as the Florida Fruit Tree House and Condominium, it is the only known "safe-house" for persons, "with peculiar tenancies." ghostwriters .. . David Ascher Irene Schall Kenny Gartner Shirley Gorman John Simson COFFEEHOUSE SCHEDULE UUAB Coffeehouse Schedule Joyce Zanglein - Randi Chavis Betsy Rose and Cathy Winter, Women's and November 4 & 5 Contemporary music. November 11 &12 Pricilla Herdman, Folk festival favorite. November 18&19 -no coffeehouse. December 2 & 3 Potskill with Pat Sky, Irish band. opinion will not be responsible for any boo-boo 's on these pages - Dean Headrick, in keeping with his promise to be innovative and progessive regarding Law School programs, introduced a new student to O'Brian Hall. He/She? is Non-Vel, a visitor from another solar system. Non-Vel will concentrate on extra-terrestial applications of equal protection doctrines while at UB Law School. Criminal Law: When in Doubt, Due Process by Bill Brooks - The Philadelphia 76'ers and criminal lawyers have something in common. When all else fails, each has a last resort. When the Sixers afe in trouble they give the ball to Julius Erving and watch. When there is nothing else, criminal lawyers yell due process violation. Both strategies are relatively successful. Due process considerations were the basis for the courts decision in In Re Winship in which the Supreme Court held that in a criminal proceeding, the state must prove all elements of the offense beyond a reasonable doubt. Thus in Mullaney v. Wilbur (which everyone who participated in Moot Court last year knows about, excepting of course if you are Dean Silvers, in which case you argue the constitutionality of felony-murder straight out of Kadish and Paulsen. And if someone asks you about Mullaney and Wilbur yOU answer, "Yeah, they're pretty funny, weren't they on Hee Haw last week.") the Court unanimously held that Wilbur's conviction could not stand because it violated "oldreliable," the due process clause. (The unanimous decision meant either one or two things Rhenquist was tripping when he voted to overturn a conviction, or he was doing a New York Times crossword puzzle at the time and said "Count me in with Burger.") The Maine statute which Wilbur was convicted of murder under divides homicide into murder and manslaughter. These offenses are not subdivided into different- degrees. Unlawfulness, intentionality, and malice aforethought are the elements for murder. Manslaughter is the unlawful killing of a "human being in the heat of passion, on sudden provocation, without implied or malice express aforethought. According to the — Maine court, malice aforethought is the converse of heat of passion, iJe. one negate* the other. However, Maine had the burden of proving only unlawfulness and intentionality. If these elements established, malice were aforethought was to be implied unless the defendant established by a preponderance of the evidence that he acted in the heat of passion. Because Maine was not required to prove all elements of the offense, Wilbur's conviction was violative of the due process clause. The Burger Court took little its time in re-establishing reputation in Patterson v. New York. (Reputation as to what? I can just see Rhenquist talking to Burger: "Hey we better limit Mullaney fast, someone might mistake Us for the Warren Court.") Patterson was convicted of 2nd degree murder, the elements being intent to kill and the killing of an individual. An affirmative defense to this charge, which would lower the homicide to manslaughter, is that the defendant acted under "extreme emotional distrubance," an expansion of the common law concept of heat of passion. This defense does not negate any elements of the murder offense. Thus Patterson's conviction differed from Wilbur's in two ways. New York proved all elements of 2nd degree murder beyond a reasonable doubt, thus meeting the Wlnstfip requirement. Moreover, since the elements of murder do not negate the elements of manslaughter and vice versa, even if the defendantcould not WoveptberMMZfiPWtev* 6 prove , one could not tmatters that there is more than logically infer the existence of the (one insanity standard in the requisite murder elements. (different circuits, much less in the The Court has left open the (different states. The Supreme issue of who has the burden of (Court should clear up the issue of proof regarding affirmative iinsanity and the burden of proof disturbance, defenses that negate an element of ; as well as all other affirmative the crime. For example, when the defenses such as intoxication that state proves all elements of the- inegate an element of the crime. crime, if a defendant raises an It appears that after Patterson affirmative defense that negates \we know a few things: an element of the crime does the states can play around defendant have the burden of ; and pull a lot of hocus pocus disproving the element of the iregarding elements, and as long as crime or must the state disprove 1the states prove all elements of the defense? Burger concurring in Ithe offense the conviction will be Mullaney noted that the case did i upheld; 2) the burden of proving not overturn Leland y. Oregon, which held that the defendanthad ; affirmative defenses that do not the burden of proving insanity, i negate an element of the offense The decision was based on the i may be placed on the defendant rationale that the jury considered without violating the due process the question of insanity only after i clause. all elements of the offense had What" we don't know is been established, correct? Does whether the burden of proving . not insanity negate an element of affirmative defenses that negate the offense? In Gorshon, Bernie an element of the offense can be Diamond discussing the placed on the defendant, or defendant, a paranoid whether the state must disprove schizophrenic, noted that he "did the defense once the issue is not have the mental state which is raised. This leaves me with two required for malice aforethought questions. If you are busted for or premeditation or anything smoking pot, is it an affirmative intention, defense to say you were too which implies deliberation or premeditation:" stoned to know what you were Decisions in the federal courts doing? If it is, who has the burden have not helped to clear up this of proof? matter. In Davis v. U.S. 11895) the Supreme Court held that if the defense of sanity was raised, the prosecution must disprove it Individually typed letters, beyond a reasonable doubt. But any quantity the court in Leland said mat RESUMES decision was not constitutionally ACCU-TYPE binding. More recently (1969), 691-7480 the sth circuit has held that the prosecution has the burden of extreme emotional disproving-sanity. It dOes not help < - �Minority Law Day Features Arthur Eve - Washington Repeat ~ from Int'l Law Weekend .. - from the State Department and ihe NikUmi Regulatory Commission, counsel to tin- House and Continued from Page I Students from all over the U.S. participated in Senate Foreign Relations Committees, a liti.on'-. encouraged Bakke to challenge the Fourth Annual Washington International Law group, and a private firm. the program. The Medical Weekend on October 14 and 15. The event was The j)anel arrived at a consensus that anient School's defense has not been a jointly sponsored by the American Bar Association's U.S. legislation, drafted in the spirit of preventing of O'Brian Hall, Eve offered to particularly strong One, either: Section of International Law (law Student Division) •nuclear proliferation, will only serve to hint U.S. assist the law school in the Commenting on trfe future of and the Washington (D.C) Regional Council of nuclear exports, to the advantage of West German recruitment of prospective minority education and International Law Societies. and French competitors. The latter groups will students. In response to a employment, Dladla concluded The two-day prograrh provided students-With a continue to export nuclear technology to developing, question, he confirmed the that it is important to remember rare opportunity to .meet representatives of various countries without any domestic restraints conclusion that the location of that "everything isnof all right." international organizations, U.S. government comparable to those of the United States. The end the new University of Buffalo Just because some minorities have agencies, and private firms that deal with the result will be the elimination of the U.S. from any campus out in Amherst was due gotten into school-does not mean practice of international law. substantial position from which it could dictate the to political considerations rather that educational disadvantages do The first day began with a coffee reception at applications of atomic technology by these new than a fair evaluation of what was nOt exist. Minorities may find life George Washington University's Student Center. The users. best for the City of Buffalo. even more difficult as the- morning's turnout was large. Most of the participants The final-event of the weekend was a dinner at Noting his concern for the conservatism of the 70's takes its came from Quality Hotel which featured a speech by Mr. the law schools (George Washington, local downtown area, Eve expressed the toll in the restriction of both Georgetown, American, Howard and International Ambler Moss, a member of the Panama Canal Treaty hope that future Law Days could educational and employment School of Law), but a substantial number of and Negotiating Committee. Mr. Moss proved to bo a be held within the Buffalo opportunities for the students represented schools from throughout the qualified and entertaining/Speaker. He presented a community, instead of out in the disadvantaged. coufttry (Temple, Villanoya, Georgia, Kentucky, brief history of the Canal, a description of Ihe *~ "suburbs." Dean Headrick then addressed Emory, Pace, Michigan, Virginia, and Syracuse, negotiations, and finally, a summary of the Mr. Eve was the final speaker the audience briefly, expressing among others.). Administration's arguments in favor of treaty in the first afternoon session of the hope that Law Day would After the reception, students were divided into ratification. the program. That session began become a firm tradition in the law seven groups, each meeting with different with a presentation by Paula school. He noted with some international law spokespersons. Several law firms Dladla, a second-year law student, concern that minority (Baker & McKenzie, Ferry & Dick, Arnold & Porter, on the Bakke case, presently applications have dropped to and Stilt, Hemmendinger & Kennedy) were before the Supreme Court. Bakke about 150 per year from 300 per represented. The National Association of involves charges of reverse year in the past He stressed that Manufacturers, the Overseas Private Investment Continued from Page I discrimination against the Medical admission to the UB Law School Corporation, the Agency »for International Social Security Administration computer so that he School of the University of is not all that difficult and that Development, the World Bank, the I ntefnational could receive benefits. No information had yet been California at Davis for its use of a one out of every three minority Monetary Fund, the Inter-American Development disseminate*- by that agency to accommodate the minority admissions program that applicants is accepted here. Bank, the Office of the Special Trade benefit bestowed on widowers by the Supreme reserves 16 places for minority Unfortunately, many of the Representative, the Unitedv-+lations, and the Court. students accepted choose not to Departments of State, Transportation, and students. Nathanson described the origins of the Legal Dladla tried to clarify several enroll in this school. The Dean Commerce comprised the groups and institutions Services Corporation which funds his program as misconceptions that many people invited those eligible students which participated in the weekend event. having been rooted in the Office of Economic have concerning the Bakke case. present to apply. Tom Cary and Larry Cohen, UB law students Opportunity of the 19605. In 1972, the Legal The Dean was followed /by and members of the International Law Society, Services Corporation was established as an First, she noted that Bakke, a white applicant denied admission Jesse Williams from BUILD, who attended the weekend and were assigned to Group independent legal program. The L.S.C. has done at Davis and the instigator of the spoke about the realities of No. 1 after the reception on the first day. They first extensive research into delivery systems of legal suit, was not all that "well dealing with racism as a lawyer. went to the" offices of Banjcer & McKenzie, one of services for the poor, funding between 50 and 6Q qualified." In fact,, he had-beea He' emphasized,-that minority; the* world's largest law firms*with 450 Members and <■experimental projects, some specializing in services rejected at 11 other medical lawyers had to learn to deal with 1 branches in twenty-two cities worldwide. The groupi to the elderly. Delivery of legal services is really the crucial schools and was behind 35 other day-to-day survival and how one 1 received a cordial welcome from Mr. Walter A. applicants on Davis' list Of could serve the community at the -Slominsky, one of the senior partners. Mr. problem in providing services .for the elderly, same time. He noted that idealism Slominsky described what the practice of according to Nathanson. Legal clinics and special qualified students. it was also noted that there and Supreme Court cases aren't ; International Law is like in a large frim like Baker. centers are of little use to the elderly if they don't was no fixed number of minority likely to get far with local judges 1 He spoke casually about foreign dignitaries, know about them, if they are physically difficult to places set in the Davis program, or the Buffalo Police Department multinational corporate giants, and other powerful get to, or if they are in neighborhoods where the After Arthur Eve spoke, there; actors on the world commercial and political scene. elderly are not willing to go. and that minority students had Many of the L.S.C. programs use paralegals been accepted under the regular was a brief break for discussion, When asked what the opportunities are for law program standards. Dladla pointed and coffee and donuts. Fletcher graduates in a firm like Baker & McKenzie, Mr. extensively. Nathanson noted that paralegals are very out -that Bakke had not even Graves of the Justice Department; Slominsky replied that the firm's standards are very skillful at government banefit problems, especially in challenged the other special led off in'the second session of[ high. The firm will generally consider-any top-10% the areas of doing factual discovery and making admissions programs at the Davis the afternoon. The thrust of graduate whe* demonstrates, a special interest in appearances at hearings. They have been significantly Medical School such as that which Graves' message was that youngI transnational problems coupled with high credentials helpful in providing outreach services, using attorney support in a central office while they do the leg gave admissions preference to black people learn to understand in taxation, corporate securities, etc. use to their of the and then it work. Nathanson noted that this system is being in system hoping engage practice children and relations "For the student to qualified speaker, now in several Western states where bar advantage. excellent is threatened "my An firm overseas," Mr. Slominsky explained, alumni. that the impact Graves made use of intriguing seeking persons who are willing 'to commit associations are seeking to prohibit the use of Dladla of the Bakke case will be vignettes to illustrate his;" themselves to a particular country or region for a paralegals at hearings and to establish lengthy and strict educational and certification requirements for important in many ways. .Both comments and make his points., ] number of years." was concluded with Day prior paralegals. legalI school and employment programs Law 1 Fluency in a foreign language, Nathanson foresees a continuing will be affected; some programs an explanation of the law school experience in another country, and personal ties are legal profession,, culminating and its of the de-mystification process* the when firm employs i benefitting minorities and women application 1 just a few of the indices in the use of legal by UB law greater expertise for work. consumer in problems, given considering of a member overseas regardless be may eliminated such services in situations services, and and less use of in Nancy McCulle'y students sounded an i I On the whole, Mr. Slominsky the particular outcome of the Participants in the; optimistic note for the young attorney considering[ where there are alternative methods of problem Givens. Davjd and employees case, because university administrators may be program and those with questions this career for the future, "Where is this fieldI solution. He referred Jo experimental programs being make use of community fearful of potentially costly and on obtaining a legal /education 1 going?" he queried, "well, it's hard to say anywhere; contemplated which would the based on something models, well conflict resolution in interacted level but upward!" tirrre-consuming litigation period by the Chinese. Such plans the used question-and-answer past system from Baker & like such McKenzie's t Judging the fairness of challenging following the presentation arid at[ performance and present plans for expansion witht would rely on the resources of community programs. the reception at the end of the'■ new branches slated for Bogota, Taipei, Singapore, leadership and respect to settle differences among that say went on to Dladla example, rather than relying on the day as well. and Bangkok, it is difficult to argue with thatt the elderly, for solutions, -4here_ was even proof that Was Day for legal system Law had of Davis officials 8 assessment. University Mr. Nathanson's lecture was co-sponsored, by characterized by some of Unfortunately, the same does not appear to be oarticipants as a 1 the case in the public sector of international law. the University of Buffalo's Multi-disciplinary Center > the 70% OFF ON success, especially with 1 According-to the representatives from A.1.D., the for the Aging, the Law School and Erie County's LAW STUDENT respect to' the increased World Bank, the 1.M.F., and the U.N., positions ini Legal Counselling for the Elderly Project. L.C.E.P. attendance at this year's5 these agencjes for new legal counsel are currentlyi Director, Larry Faulkner, introduced Mr. Nathanson, RESUMES program. All segments Of closed, anjl may remain that way for the next fewi commenting that the elderly are gaining attention, IBM Composer and typing available the community were years. Forecasts for the Departments of State andI and that such issues as services, housing and legal and there5 Commerce, although better, were not veryi rights in conservatorship proceedings are most in represented, Inc. Center. HAH Quick Copy was active audience optimistic. A few positions are available in each, butt need of attention from the legal profession. Mr. Faulkner also answered many questions, 3342 Bailey Aye., Buffalo, N.Y. 14215 participation during all the competition for them is considered "severe." 833-8510 of the question-andThe schedule on the second day was moret both at the lecture, and at the workshop which answer periods which1 academically oriented. After a buffet luncheon at followed, about the activities of his project .in Ihe 1630"Broadway, B-ffalo, N.Y. 14212 followed each speech. Georgetown University Law Center, the students Erie County area. That program is not funded by 89?r1555 attended a panel discussion on United Slates Nuclearr, JL.S.C, but rather is funded by Tide II of the Older Also Specializing in Legpl Briefs Export Policies, the speakers included individualss Americans Act. by Larry Cohen < ... Aid for Elderly • ' . . - I stressed - '1 - - f 1 s . , s s f 5 . " 1 ' ' ' ' - t f: OptHkih : ' 7 �Kamisar to Lecture Continued from Page I will lunch with University officials, several Buffalo attorneys and Dean Headrick. Later that afternoon, he will be available for informal discussion with faculty and students at the law school. That evening he will have dinner with Professor Ron Allen and several other Colleagues. Allen was a research assistant for Kamisar at Michigan. Both have kept in close contact since their years together in Ann Arbor. On Thursday, November 10, he will be the special visiting lecturer for Professor Allen's Criminal Law class. Afterwards he will be the. guest at a faculty lunch sponsored by Dean Headrick. The rest of the afternoon will be reserved for preparation for the delivery of his lecture that Evening. The actual lecture will be given at 8 p.m. in the Moot Courtroom. After the lecture, he will entertain questions from the audience. Following the event, there will be a special reception sponsored by Dean Headrick. On Friday, November 11, Kamisar will appear before a class on Law and Development at the Law School. He is scheduled to depart at 4:00 that afternoon. • Publication in Law Review As is traditional,- Professor Kamisar's lecture and notes will be published in the upcoming issue of the Buffalo Law Review. Last year's lecturer, Rudolph Schlesinger, contributed his lecture for publication in the Review. Kamisar's landmark article on euthanasia (in the Minnesota Law Review) ... the most comprehensive treatment to date of that topic. In that piece, he distinguished voluntary euthanasia (consensual killing of a terminal cancer patient, for example) from involuntary mercy-killing (state-mandated killing of the permanently insane). He restated what was then the standard argument in favor of the practice of mercy killing. Others had argued that euthanasia should be allowed where a dying person was: 1) presently uncurable; 2) beyond the aid of any respite which may come along in his/her life expectancy; 3) suffering intolerably; 4) suffering unmitigable pain; and possessed of a 5) fixed and 6) rational desire to die. Kamisar noted that there were a number of objections to the practiceof euthanasia: some religious (which his article did not assess), some practical/legalistic. He pointed out that there was much potential for abuse of such a killing method. He raised the spectre of mistaken killing (e.g., mistake as to medical condition of victim, mistake as to actual meaningful consent of person to be kijled). He indicated that a limiting principle problem would be created: legal machinery initially designed to kill those who are perceived as a nuisance to themselves might someday, engulf those who are seen as a nuisance to others. Kamisar discussed the civil libertarian argument that others had advanced: euthanasia might be removed from the area of law, allowing individual patients and has doctors to decide the issue on the basis of their own conscience. Finally, he posed the potential difficulties of reconciling a procedure that was "quick and easy" with the need to provide adequate safeguards against abuse and mistake. Recalling the infamous abuses of mass been . killings in Nazi, Germany, as well as practical problems, Kamisar concluded, in 1958, that euthanasia was not then an idea * whose time had come. For his 1977 lecture, Kamisar will consider the substantial debate on the topic that has taken place in the last twenty years. Block Wins Meiselman Award by Becky Mitchell The Ira S. Meiselman Scholarship Fund was established in 1973 by Mr. And Mrs. Meiselman in memory of their son, Ira, also known as "Sandy," a graduate of SUNYAB Law School in 1971. Sandy Meiselman died an untimely death in an airplane accident at the age of twenty-four. The awacd, which is made to a first-year law student on the basis of academic excellence and financial need, was given to Cheryl D. Block. Sandy Meiselman became interested in environmental law while studying law here at U.B. After graduation he worked on some projects under Professor Robert Reis. He was interested in pursuing this line of work. Then in 1973 he was killed. Sandy's family decided to establish a fund to help other persons in their law studies. They committed a sum of money at the time of establishment and committed themselves to increase the principal of the fund each year for twenty years, jn this way the size of the award would grow each year. The Dean of the Law School appoints a committee which examines the folders of nominated first-year students and selects a recipient. Grades, financial need and citizenship are among the factors weighed by the selection committee in making its decision. Cheryl Block, now a second-year student, received the award in the spring of 1977. She was notified that she had been selected for the scholarship in May of 1977. On June 17,i977, she was honored at a luncheon at theLaw School attended by Dean Headrick, Mr. and Mrs. William Meiselman, Mr. and Mrs. Mortimer Spiller and family, Professor Reis, Charles Wallin, and faculty members of the Meiselman Scholarship Committee. After the luncheon, a wood and bronze memorial plaque was placed at the entrance to the Library Court in the Law Library. The name of each recipient will be engraved on the plaque. , Cheryl is presently working on a project on attorney's fees for the Buffalo Law 'Review. She is also involved in research on differential taxation of coastal properties to preserve open space for Seagrant . Student Interest Grows in International Law by Dean Silvers We are under a great misconception. It should be obvious to any person with any iota of intelligence that the Union of South Africa has played a central role in bringing about the essential international doctrine of human rights, the United Nations' Universal Declaration of Human Rights, conceived in 1948. .Such was the remark spoken by H-G. Naraimha Swatny from India, presently a visiting scholar at the Yale Law School. Professor Swamy went on to elaborate this point, stating that, in 1946, when South Africa was before the General Assembly of the United Nations, in reference to their alleged discrimination against nationals from India, South Africa's representative Field-Marshal Smuts argued that such an issue should not be considered; it is not within the United Nations' jurisdiction and competence for there exists no clear declaration of Human Rights in the U.N. (1 [pt2) GAOR, Plenary 1006-61, 7-8 December 1946). Being made painfully aware of such a fact, subsequently work with the U.N. was accelerated to produce exactly such a declaration, and within two years the Universal Declaration of Human Rights was formulated and accepted in the U.N. and has since been recognized as the cornerstone document for human rights in the world. Such thoughts were part of a fascinating lecture-discussion led by Prof. Swamy in the International Protection of Human Rights seminar last week. I do not find myself comfortable when writing consecutive articles on the same general topic. However, my previous article on International Law elicited some response, which aroused my interest, and amidst my subsequent digging, with much LATKO printing & copy centers -resumes -fliers & posters -brochures We specialize in printing multi-page briefs. Serving Law School Serving Main Campus •. 3171 Main Street (near Winspear) Buffalo, N.Y. 14214 835-0101/0100 8 * 1676 Niagara Falls Blvd. (near Ridge Lea) Tonawanda, N.Y. 14150 834-7046 November 3, 1977Opinion thanks to Professor Leary, I feel that I have uncovered something substantial enough to require writing about. In my, previous article I had mentioned that. U.B. has practically ignored the field of International Law in recent years, which is a travesty in its own right. However, this was not the central point of my article, for I had no real idea of what student interest in Int. law was at U.8., and my superego, in the interest of being fair, talked my ego into not stressing that point However since that juncture, through discussion and response to my article and some research I have discovered that there is a real and substantial interest in Int. law at U.B. which is virtually ignored by the Law School. What is fascinating is that against such opposition, without firm backing from the administration or the career development office, students interested in International Law have had to go into the field virtually unarmed and unaided (note: however, Professor Leary has been helpful to these students). And considering these obstacles, their accomplishments have been quite remarkable. For example, two students were recently awarded internships in Human.Rights from the Ford Foundation. Dan -O'Donnell is presently working with the International Commission of Jurists, an outstanding lawyers group in the field of human rights in Geneva, Switzerland; Joseph Grasmich, presently a second year student, worked as an intern last summer with Survival International (London, England) arid the International Labor Office (Geneva) on the protection of indigenuous peoples. Furthermore, every summer for a riumber of years U.B. has sent students to the Strasbourg Institute of Human Rights in Strasbourg; France. Last summer, Martin Feinrider, a third year student, was one of the few students (out of a group of 200 from all over the world) to be awarded a diploma by the Institute on the .basis of a competitive examination. Tom Carey, a third year student, has just published an article in the Association of Student International Law's International Law Journal on "Self-Determination in the Post-Colonial Era: The Case of Quebec," a paper which was originally prepared for the seminar on the" protection of Human Rights at U.B. Law School interest in human rights began with Professor Thomas Burgenthal, now at the University of Texas Law School, a foremost authority in human rights and international law. He is co-editor with Professor Louis Sohn of Harvard of The International Protection of Human Bights, an excellent "quasi" case book in this area. Presently the interest in International Human Rights is being continued by Professor Virginia Leary who teaches the previously mentioned seminar on human rights. Ms. Leary has just returned from an "International Symposium dn the Final Act'of Helsinki in the Light of the International.. Covenants on Human Rights," a UNESCO symposium organized by the Institute of State and Law of the Polish Academy of Sciences at the Strasbourg Institute on Human Rights. The meeting was held in Poland, and Ms. Leary, who gave the' opening presentation, was the only person from the U.S. among some 35 international law . professors and specialists ih human rights at the conference. She will soon be publishing a study on implementation of the Helsinki Agreement and is working on a book related to the International Labor Organization and human rights. The seminar on the Protection of Individual Human Rights itself is a refreshing and fascinating course. During the course of the semester the class has had the opportunity to discuss real issues of contemporary international law (i.e., the Quebec separatists, Uganda, South Africa, Jurdistan, the U.N.,, etc.) with outstanding and highly knowledgable figures in the field (i.e., representatives from the U.N., legal scholars from abroad, etc.) So with no strong background in this area, we see a rare case where the student interest and desires have been the impetys for the advancement of International Law at U.B. For those with additional questions, feel free to go to the International Law Society office on the sixth floor, Room 604. However, this is just a beginning step. The interest is obviously here, and now it is time for the law school to be cognizant of such an interest and potential for growth. We must urge the law school not to cut back the international law collection in the library, to establish career development objectives in the field of International law, to look towards the area of International law in the appointment of new law professors, and to promote a commitment and strong consideration to the area of international Law in general. The needs, accomplishments and the desires are evident, and now concomitant action must be received from the law school. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-11-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/3/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5706ae2e03919a1dc73c82f863bf2000.pdf fc8e7d856fa05d6ebb328fc2278e9b1d PDF Text Text Buskus, DeWaal Desmond victors The annual Charles S. S. Desmond, Judges Jasen and Moot Court Jones, currently sitting on the competition was held the week of Court of Appeals, Judge Ellsworth November 14 and was very A. Van Graafeiland of the second successful. Twenty three Circuit Court of Appeals, judge Desmond 2-member teams participated in the competition which was judged by over one hundred members of the Buffalo legal community. The issues this year were the constitutionality of an administrative search conducted by investigators of a State Food & Drug Commission, and the validity of a sentence imposed for possession of a controlled substance found during that search. The finalists in this year's competition were Mike Buskus and Gary DeWaal, Jeff Licker, and Andrew Cosentino. The final round of this year's competition was judged by a stellar panel of jurists which included former Chief Judge of the N.Y. Court of Appeals Charles Simons of the Appelate Djyfsion~ of the State Supreme Court, and Kenneth Joyce, the Faculty Advisor of the Moot Court Board. The final round of the competition was held on Saturday, November* 19, in the Alden Moot Court Room. The winners of the competition were Buskus and DeWaal. Members of the existing board were particularly pleased by the size of the turnout among the student body this. year. Along with the Albert R. Mugel Tax Competition, an. interschool competition run by the Moot Court Board in the Spring, the Desmond is the premier event in which the Board is involved. Particularly pleasing to the board, Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 Volume 18, Number 5 « in addition to the size of the turnout, was the quality of this year's judging panels. Despite a lack of Faculty interest and response to student-run events, attorneys and Judges from the Buffalo Legal Community-made an excellent and enthusiastic response to the Board's request for their participation in the event. This opportunity for students at the law school to meet with and discuss issues with practicing members of the bar is generally looked upon as one of the main reasons for the popularity of the event After the final round of the competition on Saturday, the contestants and a large number of the judges in ihe competition, including all the finals judges, enjoyed themselves at a cocktail party and a banquet sponsored by the Board and funded by the Alumni Association. Awards were Prof. Kenneth Joyce (center), Moot Court faculty advisor, poses with this year's Desmond Finalists (I. to r: Gary DeWaal, Mike Buskus, Jeff Licker andAndrewCosentino). S given at the banquet to Buskus and DeWaal as winners of the competion; to Licker and Cosentino as first runners-up in the competition; Gary Papa as the best oralist in the competition; and Cosentino and Licker as the best brief writers in the competition. The highlight of the banquet was a special presentation made by the members of the Board to Professor Kenneth Joyce, for his help and Opinion State University of New York at Buffalo School of Law participation in Moot Court Activities over the years. Professor Joyce was given a Gold Pocket watch and told by membersof the Board that "he knows why". The competition was a huge success, and the members of the existing board will now turn their attention to choosing new members for the next year's board from among this year's competitors. Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 November 21,1977 Mitchell Lecture Kamisar Calls for "Honest" Euthanasia On Thursday night, November 10, before .a crowd of almost 300 students, professors, lawyers and the interested public, this year's Mitchell Lecturer, Professor Yale Kamisar of the University of Michigan Law School, delivered his public lecture entitled "A life not (or no longer) worth living: Are we deciding the issue without facing it?". After his one hour presentation on the euthanasia debate, Professor Kamisar entertained questions from the audience for about 45 minutes. The thesis of Professor Kamisar's presentation seems to have been that while euthanasia, or the practice of mercy-killing, seems very distasteful, it does in fact exist. Kamisar argued that while it has been in effect tolerated, no legal standards have been supplied to guide the medical profession or others in the resolution of this vexing issue. He ultimately advocated the formulation of narrowly circumscribed criteria to allow very limited passive euthanasia, by means of, at some point, discontinuing the medical effort to sustain life where death is both imminent and irreversible. Kamisar began his lecture by summarizing the details of the celebrated Karen Quintan case decided in 1976 by the New Jersey Supreme Court. Kamisar noted that the Quintan case "focused worldwide attention on the need to relieve the dying of the constancy and severity of the pain and evoked much sympathy for the pain-wracked terminal cancer patient." In the Quintan case, the Court acceded to Ms. Quintan's parents' plea that her doctors be allowed to "pull the plug" on the artificial respirator which was sustaining her life. According to Kamisar, Paul Armstrong, the attorney for Karen Quintan's parents, had indicated in court that Karen's condition had reached a plateau from which no improvement beyond vegetative existence could be forthcoming, even essentially no worse than the passive kind when the end sought is the same." In contrast, Kamisar noted that his view was that "although emotionally or intuitively it may be much more appealing, passive euthanasia is essentially no better than the active, more direct, variety." Continuing, he added that because he was "dismayed at the degree to which passive euthanasia is evidently being practiced, [his] purpose in depreciating the passive/active distinction is to get doctors and others to re-examine what they have been doing passively and negatively and to feel more uncomfortable about that." He explained that he was convinced "that passive and active euthanasia should be separated for pragmatic reasons... Mitchell Lecturer Yale Kamisar Passive euthapasia should be tainted by the under the most optimistic medical opposite only nine years earlier. At that active euthanasia movement [and] a public diagnosis. Armstrong had maintained that, time, affirming the dismissal of a policy on 'letting die' should have to carry rather than terminating a life, the cessation malpractice action by [the parents of] a the burden of a social judgment about because of the killing." of the "extraordinary, means" of the severely effected child Realizing the difficulties of an absolutist respirator would merely! prevent needless doctor's alleged failure to inform the mother that her child would be born with "no euthanasia" position, Kamisar prolongation of the death process. In reaching its decision, the highest birth defects, so that the mother could conceded that some mercy-killing could be court of New Jersey, adverting to the obtain an abortion, the New Jersey justified. However, he asserted, it should be privacy rights of Karen and her parents, Supreme Court thought it 'basic to the of the "honest, straight-forward type." To implement his ideas on properly concluded that if Karen had her full mental human condition to seek life and hold on limiting such killing, Kamisar declared that faculties momentarily so as to enable her to it, however heavily burdened." Jersey "[t]he time has come to bite the bullet to assess her own plight, she would Further decrying the certainly have decided on euthanasia. The decision, he added that Quintan case "may and to establish rigid criteria and procedures for honest, court concluded that since she could not have provided euthanasia proponents with appropriate make any decisions, her parents, as something that has eluded them for straight-forward euthanasia in very limited guardians, were best able to make the decades: the bridge between voluntary and situations. This would be a dirty business, decision for her. involuntary euthanasia; between the right but it is essentially the lawyers' business. Some doctors may not agree... Kamisar sharply objected to the to die and theright to kill." embraces the most Kamisar then discussed what some [Euthanasia] rationale of the New Jersey Supreme Court, noting that the evidence adduced at non-judicial "experts" had written about fundamental moral, political and legal trial was inadequate to show that Karen the passive (don't do anything more to save questions, and if we lawyers aren't the life) versus active (direct terminationof well-equipped to solve them, I don't know would have in fact made such a choice. Kamisar added a rejoinder to the the life) euthanasia debate. Referring to who is better equipped. Now, we layers but if we shrink Quintan decision: "Indeed, the New Jersey what a noted theologian, Dr. Joseph don't relish the task Supreme Court's somewhat startling Fletcher, had written about the same issue, from this task, we shall be like a famous presumption against self-preservation is all Kamisar concluded that "Fletcher's general who, (quoting from Felix S. the more remarkable when one recalls that message is that although psychologically Cohen), objected to war on the ground this very same court assumed just the more repelling, active euthanasia is that it ruined the discipline of his army." . ... �Letters to the Editor - Law Review A Forum for All TO ALL STUDENTS OF THE FACULTY OF LAW AND JURISPRUDENCE: BITCH TICKET New Library Complaint System The editors of the Buffalo Law Review are interested in receiving outstanding quality written by students who are not members of theReview. Although we realize that our primary duty lies in assisting in the publication of articles by those students who join the Review, we believe that the Review is obligated to provide a forum for all students of the Faculty of Law and Jurisprudence who desire to publish. We therefore take this opportunity to invite all students to read the Review's GUIDELINES FOR STUDENT ARTICLES, below, and to consider submitting a manuscript. If you have any questions, 1. The Complaint please feel free to stop in at theReview office. The building is too crowded with persons who this library is Cordially, not and was not designed for. The Editors Undergraduates are noisy, restless and space takers. They are* irresponsible and fail to maintain the study atmosphere. BUFFALO LAW REVIEW I realize that -1 write in GUIDELINESFOR STUDENT ARTICLES generalities but that is all that this ticket enables me to do. I also Topic. The topic must be one that has not been exhausted by other realize that this is the only library articles. The author should present a new approach to the subject and available at the present moment provide novel insights for the reader. Thorough and careful research is but as soon as the new main mandatory. library and UGL open I would like to see access to the law Form. Every manuscript must be typewritten (triple spaced), and library restricted (at least on a one should have an introduction, a body with concise and informative semester trial basis). 11/1/77 headings introducing each section, and a conclusion. All assertions must be documented, and the author must clearly indicate when he or The Response: she is expressing an opinion. Every manuscript must be well organized, The Law Library, in sympathy and grammatically and substantively accurate. Footnotes must also be with the recurring problem of typewritten, and in precise Blue-Book form. overcrowding has restricted the use of carrels and conference Procedure for submission. Manuscripts should be submitted to the rooms on the 2nd and 4th floors Editor-in-Chief who will assign editors to read them. Each manuscript to law students. Any law student must be accompanied by a brief outjine and a statement of theauthor's deprived of study space in these reasons for believing it to be suitable for publication. Any author areas has the right to assert him or submitting a manuscript originally written as a seminar paper must herself and request that non-law name the professor for whom it was written. persons leave these areas. The Undergraduate Library is Follow-up. If the manuscript has strong potential for publication, an scheduled to move to Capen Hall assigned editor will meet with the author to suggest possible over intersession. This will improvements and additional work. IT IS ESSENTIAL THAT EVERY hopefully relieve some of the papers of AUTHOR" UTIDERSTANrD"S~ THAT 'VIRTUALLY' 'ALL congestion. MANUSCRIPTS REQUIRE SUBSTANTIAL ADDITIONAL WORK At that time, an effort will be BEFORE THEY ARE PUBLISHABLE. In addition, the author is made to discourage use of the responsible for any retyping _ts well as xeroxing costs that may be Law Library by persons not necessary. needing to use legal materials. 11/3/77 O'Brian Oblivion 2. The Complaint: Dear Editor, I would like to comment on the continued failure of the Law school administration and/or the University to provide the law school building with directories., to inform persons using O'Brian Half of just where offices are located. Maybe I have a particularly bad memory but I find it aggravating constantly having to trudge to the third floor to find out where a professor's office is, or where a professor's secretary's office is. Visitors from outside the law school are regularly confused as to where things are, especially when searching for non-law offices since law students are often unable to give directions either. In 1975 I asked Mr. Wallijn when We could expect some directories 1 to be posted in our hallowed halls-. He informed me that directorieshad been on order for a long time but that the cost was prohibitive, and that the university was searching for something less expensive to use. I accepted that answer until the time that numerous signs, maps, directories, etc. showed up on the walls of Baldy Hall. How is it that Baldy, which is far newer than O'Brian, managed to obtain these trial markers when O'Brian is still waiting? If someone can afford to put them up in Baldy, they can do so in O'Brian. This issue may seem somewhat petty. I guess the reason it is so irksome to me is that it appears to be another in a long line of examples of this University's insensitivity to the needsof the people it serves. Somehow millions of dollars can be found to build huge, impractical monsters like O'Brian, complete with doors that don't open, air conditioners which can't be adjusted in the summer, heaters that blast in the winter, wide-open unused spaces, and overcrowed lecture halls. Money can be found to plant forests of nearly grown-up trees and lawns of ready-made grass. But the money is awfully scarce when we need more staff in the library, competitive salaries for professors, shelters to shield off the winds, rains, and blizzards common to these parts, and even smaller things like directories to make it a little easier to find things in the building we're stuck with. I suppose we should be grateful for our beautiful, asthetic library and not ask for anything more. - , No smoking rules in the library should be posted CLEARLY throughout all levels and STRICTLY ENFORCED. Smoking is not only annoyingand unhealthy; it is messy (ashes all over study tables arid carrels), and inconsiderate (there is no ventilation), and dangerous books are FLAMMABLE! HI A/77. ';, - The Response: — There! All you library users from one of you have heard it your own!! . New signs have again been posted. We can only enforce what we see. Please don't smoke in the Library! 3. The Complaint: Do you have to close so early? It is now 5:10 Sat. and I am locked in here. 11/4/77 The Response: The library closes at 5 p.m. on Saturdays. Patrons are requested to leave at 4:45 to facilitate closing operations i.e., picking up unshelved books, turning off lights, etc. Each floor is checked to notify persons that the library is closing. This is done so early enough to allow persons to reach Becky Mitchell an appropriate climax in their activities before packing up to 2 Opinio^ - To theEditor: The enclosed Bitch Ticket represents a new means for patrons to voice their frustrations with the library. Bitch Tickets are available at the reference desk. Persons who put their corhplaints in writing will be given a written response from the library staff on the reverse of the ticket. Completed tickets will be filed in a looseleaf notebook at the reference desk for everyone's perusal. We would like to print each complaint and response in the Opinion. This, of course, is subject to available space and user response to this new service. Please find enclosed our first complaint. Karen L. Spencer Thank you for your support. Audio-visual Librarian vacate the library. Due to budgetary constraints we are unable to maintain later hours. This is true of all the University libraries. However, we hope to be able to extend library hours during the exam period. preference in hiring but most law students prefer research jobs provided in law school or with law firms. As for a pay incentive, budgetary controls limit student workers to a particular wage. Although we may not agree with the 60 to 65 degree temperature, we do agree that the 4. The Complaint: Why can't more xerox library is usually too hot or too machines be obtained for the cold. We have no control over the library? All to often the lines of heating system but place frequent people trying to use such complaints with the Maintenance machines are all too long. And, if Department. The extreme the lines are not too long, it is temperatures play havoc with only because the machines are everyone's health, to say nothing broken a state they are of the condition of the books and perpetually in. 11/6/77 microforms. The current heating difficulties The Response: are apparently due to the fact that The problem of xerox the air conditioning was turned machines in the Law Library for off just before the November general users has a troubled heatwave. If you wish your history almost beyond rational complaint to go further, call Ed explanation. No one is absolutely Doty, Vice President for Finance certain of all the problems and and Management, at 636-2933. how to deal rationally and satisfactorily with them. Another effort will be made to improve the 6. The Complaint: situation within a reasonable Would it be possible to keep period of time. However, no the New York Times available for promises are being made! reading for some period of time say 3/4 months or a year before 5. The Complaint discarding them? I understand The Law Library should be they are discarded immediately. open later on Saturday nights and 11/7/77 earlier Sunday, e.g. at 10 a.m. on Sunday. Also, priority should be The Response: given to law students in hiring and The Library's policy on the a pay incentive that would New York Times has been to try encourage them to work late to keep it for at least a week as a Saturdays and early Sundays browsing item. Because of its high should be set up. usage, it literally falls apart or P.S. Is there any way the disappears in a few days. library could be kept at a constant In consideration of your 60-65 degrees F? suggestion, we will keep the Times as a reserve item for a week, The Response: requiring. I.D. cards to circulate it. Due to budgetary constraints This will hopefully cut down on the library cannot open for longer the "misplacement" of the paper, hours on weekends. Also, past although it will cut down on the experience has indicated that free access at the same time. .Saturday nights * and Sunday Space and practicality do not mornings; are' low use periods and allow us to keep the Times for do not warrant the library being longer" periods. Part of the open. However, we hope to problem will hopefully be extend hours during the exam alleviated when Lockwood period. Library moves out to thiscampus Law students are given with its full collection of papers. Volume 18,Number 5 November 21,1977 -- »-» — ..... Editors-in-Chief ~... Kirn Hunter .John Simson Becky Mitchell r_-<|j chavis Editor Photo Editor Business Manager fed Firetog Staff: Bill Brooks, Mike Buskus, Tim Cashmere, Sheryl Reich, Michael Schwartz, Dwight Wells, jane Zanglein Contributors: Carole Gardner, WayneLopkin, Nancy Peck Copyright 1977, OPINION, SBA. any republication ot materials herein is strictly prohibited without the express written content of the Editors. OPINION it published every two weeks, except for vacations, during the academic year. It It the ttudent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 1.4260. The viewt expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION it a non-profit organization, third class pottage entered at Buffalo, N.Y. Editorial policy of OPINION it determined collectively by the Editorial Board. OPINION it funded by SBA from Student Law Feet. Composition: University Press at Buffalo, Sub-Board I, Inc. - �More (?) tetters California Dreamin HERE AT THE WESTERN NEW YORKER To the Editor: This is in response to an article by Ms. Jayne Zanglein entitled "All Rumors About Schlegel True," in the October 20, 1977 edition of Opinion. The article was brought to my attention by none other than John Henry (Schlegel, that is, himself). Perhaps I should introduce myself. I began law school two years ago at U.8., and through some stroke of luck (my last name is Schwartz) ended up in sectjon three, which at the time consisted of Katz, Lindgren, Schlegel and Bouncing Bobbie Gordon. Gordon is gone, as am I. I spent a year in law school and then transferred to UCLA's graduate department of Kinesiology-Body Building School according to the four profs of old section three. And now that you know from whence I obtained the presumptuous opinions that follow Katz is, as Ms. Zanglein noted, dynamic, cynical, and super-intelligent But that's because he tries so hard. In fact, he tries almost as hard to be cynical as he does to be "very sexy to the females." It sounds as if he's getting better at both as he moves closer to 40. Gordon, no longer there, was an amazing person. McCarty has a bunch of nervous energy, but compared to Gordon, who would literally "bounce" off the bricks that Schlegel wrote (and writes) on, he's closer to the Maharishi Mahesha Yogi. Gordon was so nervous that just to be doing something he would pick up and read a Sheperd's. That's like reading only the numbers in the N.Y. Stock Exchange ... r report. Ms. Zanglein is obviously sexist. To come up with "Katz is sexy to the females" and fail to mention Janet Lindgren's effect on the males. Ah, but then perhaps I assume too much. No, it cannot be that male law students have changed so drastically. Certainly Lindgren hasn't*** Schlegel! What can be said:-What Katz failed to mention when he stated that "All rumors about Schlegel are true" was that the one third of the rumors that are false would be true if Schlegel were the subject of them. Schlegel (what a name, but then mine is no gem either) had an uncanny ability to say everything important in apposition and to himself. Ms. Zanglein must surely have made an error when she stated his two favorite sayings. He could not have changed so completely. His two favortie sayings are "That's just plain Hogshit!" and "I don't give a rat's ass!" Truly a remarkable fellow. And so, there you have it. But don't take my word for it. Ask someone from that section three (1975). And, oh yes, Thank you Ms. Zanglein for bringing back fun memories,.. well, sorta fun, anyway. ■' , ;•-.<>' ,V -• ;•</ ,-■; ... „ ,c •, . •..-• h ,i- .-. David Schwartz, SUNYAB UCLA Campus Division . Note: I have two comments to direct toward Mr. Schwartz regarding his interesting letter. First, I am not a sexist. (You didn't think you could really get away with labelling me a sexist, did you?) The opinions in the article which I wrote were not my opinions and I do not take responsibility for any of them. It just so happens that none of the men in section three listed "sexy" as a word to describe Lindgren, and many of the females did refer to Katz as "sexy.". And as to Schlegel's two favorite phrases, I don't believe I've heard him say either of the two you have mentioned. "What's the Plaintiff's problem?" is still number one, with "By and large ..." coming in for a close second. Perhaps things have changed a bit in your absence Mr. Schwartz. Thanks for writing and best of luck in your "Body Building School!"-/.Z BY S. R. The Uniform Commercial Code ("UCC") is the final product of a major law reform task carried on by some of the ablest minds of the Legal Realist School of American Jurisprudence. The Code has been adopted by forty-nine states, and has virtually revolutionized the commercial world. As with any living body of law (witness Justice Douglas), its obscurity is obviated by its flexibility in being readily made meaningful in new contexts. It is by way of this introduction that we are proud to be the first to announce that Governor Carey has recently signed a bill which expands the applicability of the UCC to family law. The Governor, who has 12 children, said that he was personally looking forward to Article 9's provisions on bulk sales. The family law area has been hitherto unecessarily afflicted by a mire of confusing statutes, dirty courtrooms, and altogether unpleasant results. It is greatly hoped that with the expansion of the UCC into this area, some of those high-priced lawyers will start whipping the area into shape. Though we think it is immediately obvious how the Code will -revamp the' entire practice of family law, we have chosen to explore the changes it wilt bring to selected topics in the area of divorce. We would like to add, by way of a personal note, that the marital relationship of Karl and Soya is not the historical fact upon which the Code was based, though we have heard that Ruth Gordon was chosen to play the lead in the forthcoming film. We will now discuss the Code on Reconcilliation, Adultery, and Anullment. When an individual comes to you as an attorney and complains of a failing marriage, the UCC requires that you follow certain procedures. rcconcilliatory Games for Section 3 "Letter of advice," 3-701, "negotiation," 3-202). Before this is done, however, it may be a good idea to examine the underlying contractual arrangement of the parties. One of the big problems of the area is the use of standard form contracts with a great deal of small print Though the parties tend to act as though they were obligated only by 2-206 ("Offer and acceptance in the formation of a contract,") 2-207 ("Additional terms in acceptance,") and 2-205 ("Firm offers"), there are certain things about which the parties have no flexibility. Unfortunately, this can barely be found in the Code. See "Security"-8-102 3-417). Are there any procreative disabilities? See "Unexcused delay; discharge," 3-502; "Time allowed for acceptance," 3-506; "Satisfaction," 3-603; "Impairment of recourse," 3-606. If there are no grounds for an annulment, divorce is your alternative. Adultery Do you have a holder? 1-201(20)? Before you do anything, be sure to look at 2-722 for who can sue third parties for injury to goods. The gravaman of the complaint is really conversion of the instrument (3-419). After serving notice of dishonor (3-501), make sure that you have evidence of dishonor (3-510), and that the accommodating party is available (3-415). AVOID WROMGFUL DISHONOR. (4-402). Also, be aware of the doctrine of construction against negative implications (7-105), a clear departure from prior law. If adultery isn't in the cards, try cruelty. Cruel and Inhuman Treatment: Failure of consideration (3-408) is the best tact. "Improper handling," (7-301), "Overissue," (8-104), "Irregularity in issue," (7-401), "Stoppage-of delivery'" (7-504) (also abandonment), and perfection," "Continuity of (9-303) are all available. Observe the duty of care standard (7-204). It is hoped that the above guide will serve as an example of the ways in which the Code is not only readily adaptable to family law, but now, when we bring commercial lawinto thisfield we are finally recognizing how susceptible the area has always been to it - — "Ambiguous terms" 3-118 "On demand" -3-108 "Duty to deliver" 8-314 - well as the general housekeeping provisions of Article as 1. That aside, it is important to determine whether the parties have in fact made a valid contract Was the promise unconditional? (See 3-105). Remember that there is only a limited duty of inquiry (8-403). If there is no valid contract, your client may have an action for the price (2-709), clearly a lost-volume seller. There is of course liability for misrepresentation (1-203), ' but your party will have the burden of proof ofloss (4-403). If you determine that there is a valid contract, think about annulment Was there fraud? ("Warranties on presentment," KASS PROBLEM ANALYSIS CLINICS FREE Sample Tapes to Be Played (See Tuesday, November 22,1977 7-10 p.m.. Room 108, O'Brian Hal FREE Problems Will Be Distributed ..- At the Session — Name That Prof. and What's Their Line And now a Section 111 Thanksgiving Quiz. Which, ofyour four professors, frequently use the following phrases? Note: This test will be a good Indication as to how alert you have been In class these past few months. . 1. "Right Mr. Winn? Say 'Yes." 2. "How are we going to make this thing fly?" 3. "I wouldn't be here if I thought I couldn't learn something from you." 4. "Let's take a step backwards." 5. "Alritfit now, Mr. Shapiro ..." 6. "Read the goddam code!" 7. "Let me hold that question for a moment." 8. "What's the plaintiff's problem?" T3. 'That's not cool!" 14. "????" 15. "Go away!" 16. "You're right, your argument makes sense." 17. 'Things like that just don't happen in Buffalo, where life is cheap!" 18. "Bye class!" 19. "What do you think about Mr. .'s question?" 20. "I had asked you, when last we met, to .. consider..." _1. 6.Z 2.S 7.L 3.X. B.S 4.4. 9.Z 5. Z 10.X I.Z 11. "Okay, that's useful/ 12. "BLAH, BLAH, BLAH, BLAH!" "What you're really saying is ..." 22. ."What's this case all about?'1 23. "Do you really want to-say that!?" ■ • 9. "Can anyone suggest a remedy? DQeS o^sf^p*wif^m^lnnnfwwww anybody really care? Is there anybody in this room?" 10. (to student asking the question) "Well, ANSWERS: S=Schlegel, L=Lindgren, K=Konefsky, Z=Katz what do you think?" ILL- lis 13.Z 14.X IS.S 16.L 17, Z 18. S 19. X 2a L - 18 23 You wll make a good lawyer, for jf you are this observant to the nonsense and verbose verbiage of everyday class, you are unlikely to fall asleep at trial. 24 or over Back to zero. There were only 21. Z %S 23. Z. — 23 questions! Wake up! QUIZ ANALYSIS Additional Announcements Professor Schlegel's Section II field of correct trip to the Buffalo Zoo has been cancelled. Professor Konefsky is in critical answers): 0-5 Youll do well on the finals, for condition at the Buffalo Good Samaritan you're more interested in substance than in Hospital after having swallowed (length-wise) his number 2, monogramed nonsense. Slightly aware 6—ll of your lead pencil. Get well cards may be environment' and able to stay awake. You addressed to "Deep Throat," care of the would do -well .to pursue a career in aforesaid named hospital. The Buffalo Police Dept. is presently teaching Civil Procedure. 12-17 Quite alert to trivialities. You holding Professor Katz's living room wall in qualify to have your initials enshrined next custody at the City jail, pending to those of "|S" in the hallowed hall of prosecution for indecent exposure and the wall was Room 108 (or next to "Spiderman" should intoxication (i.e., "plastered"). you prefer to rise to such levels). Grading Analysis (number - - ... dpVn&n l^beW:nh No 3 �Mitchell Fellow Lecturer: MacKenzie Addresses Inadequacies of High Court Reporting LOCAL COVERAGE OF THE COURT SCORED I THE EFFECT OF THE PRESS One of the 30 or so members of the audience wanted MacKenzie then stressed the importance of bringing "It's a close-up view. The journalist does the same the decisions of the Court home to the people and to know if MacKenzie thought that the press had much things the justices are doing; you use the exact, same despaired of the current dirth of reporting at the local effect on Court decisions. His reply was that in cases informationand materials." level. involving the press itself, the Court was very responsive to These remarks were made by John MacKenzie, a "Wherever you live," he said, "you just don'thave to what the press wanted, but that in other areas the press Mitchell Fellow and former Supreme Court reporter for take the coverage that you are getting. Bring pressure on had only as much impact on the Court as the Court itself The Washington Post, in his lecture entitled "A journalist's the editors shame them into paying attention to Court permitted, for the most part. To illustrate his point, MacKenzie referred to the View of the Supreme Court," given at the Law School on activity." " He continued in this vain, saying: "It's disgraceful current public debates going on with respect to the Bakke Monday, November 14. when local counsel and a local problem get all theway to reverse discrimination case. The Court could have heard the Supreme Court, and the local newspapers don't even oral arguments on the case last term, but it appears to have COURT COVERAGE AS A CAREER Professor the N.Y.U. follow it up." purposely refrained from taking any action on this case so now a at Visiting MacKenzie, MacKenzie pointed out that most decisions affect that argument had to be delayed until the current term. School of Law and an editorial writer for The New York by Kirn Hunter - Times, pointed out that press coverage of the lawand the courts was not viewed as a specific field or vocation requiring some specialized knowledge and training until Anthony Lewis began to assert himself in the area in the everyone and that it is quite easy to come up with a local "angle" for any given story as long as the paper is willing to do a little investigating. While describing his return to Buffalo as "a rootsy experience" and noting that he has a "soft spot for this town," he was terribly disppointed with The Courier Express'sNyoyist v. Mauclet, 53 L.Ed.2d. 63(1977); see also Opinion, Vol. 18, No. 3, October 20, 1977). MacKenzie happened to be in Buffalo last June on the day when the decision was handed down. He noted that The Courier had only three paragraphs on the story 'and characterized this as "lousy, sloppy journalism" and This allowed the Court to take advantage of all the arguments, pro and con, presented in the media over the past few months. In passing, MacKenzie noted that the Supreme Court is presently a very popular institution and that it has created an "aura of legitimacy" for itself over the past years. MacKenzie posited that if you asked people whether the Supreme Court should decide the Bakke case at all, the overwhelming majority of those asked would say yes. The Court often waits to decide controversial issues until it perceives that the public wants the Courts to make a decision one way or the other and resolve the issue once and forall. 19505. Lewis, with his background as a Pulitzer Prize-winning journalist, won a Neiman Fellowship for his work and chose to go to Harvard Law School on it. "He then went on to create one of the best law-related columns, as a reporter for The New York Times. MacKenzie himself was also to spend time at Harvard Law as a journalist At the Post's expense, he spent a year there from 1964 to 1965. He termed this opportunity a "very useful device to program study towards journalism." "primitive." He stressed that, for a journalist following the II SOURCES FOR THE PRESS Supreme Court, the important thing to learn about the law response between state to a question on what sources other than In is the "way the Court divides jurisdiction the record, case law and oral arguments, a reporter and federal systems and between agencies and courts." following the Court would use, MacKenzie said that such Understanding the procedural devices used by the Court to reporters often talk to the Justices themselves and to their avoid making decisions, and the issues involved in their law clerks. Of course, neither the Justice nor the clerks will use, are often more relevant today from a media analysis point of view than being familiar with many issues of talk about cases presently before the Court, but it is constitutional law. The trend of the Court in recent years sometimes possible to predict how a decision will go based has been to narrow thescope of its activities, especially vis on their discussion of past cases. THowever, MacKenzie a vis the state courts, as evidenced by such cases as noted that there seemed to be a higher incidence of Younger v. Harris and its progeny. "leaks" from the Court now than there has been in the Much of MacKenzie's talk was rambling and not recent past. always to the point, but it was-also spiced with anecdotes and fascinating details about the Supreme Court as a whole 11l PROTECTION FROM THE PRESS and the individual Justices. MacKenzie mentioned that a Another area of discussion centered on the lot of the impetus to improve the status ofSupreme Court accountability of the press and the possible injury to" coverage was due to the efforts of Justice Felix public figures and institutions, and private individuals as Frankfurter, who had been pushing the New York Times well. MacKenzie is not worried about public institutions and the Washington Post to increase theircourt reporting and political people; they can protect themselves as fas as ■The strong relationship .between Frankfurter 'and' Lewis MacKenzie is concerned. But the "little" guy should be was responsible for the Times' increased coverage of the THE DIFFICULTIES OF COURT COVERAGE protected from real injury by the press, because he lacks Court and law-related matters, according to MacKenzie. MacKenzie then turned to a discussion of some of the the resources to battle the press effectively in protecting In spite of all this, MacKenzie warned his listeners that "you can't train for a career in legal journalism" since the problems that a Supreme Court reporter has to solve. One his rights. opportunities in the field are somewhat limited and such is how to fit the timing of Court decisions into newspaper IV JUDICIAL FIGURES AND THE PRESS jobs are offered by chance whenever there happens to be deadlines. In the past especially, the Court tends to hand down a whole lot of decisions in the space of a few days, an opening. MacKenzie was also asked about the relationships of making life impossible for the reporter. MacKenzie recalled controversial figures on the Court with the press; SCHOOL DESKS FOR THE PRESS that the Court filled a whole volume of the Supreme Court specifically he talked about Fortas and Haynsworth. MacKenzie went on to describe tne actual, physical Official Reporter on one single Monday with all of the MacKenzie remarked that situation of these two men courtroom experience of Supreme Court reporters. Some decisions that it handed down on that day. proved what disastrous consequences can result from years ago the desks for the press corps were situated MacKenzie said that it is easier now mechanically to having a bad image and a poor rapport with the press. literally under the noses of some of the Justices. These cover the Court and that, while Burger has no great love MacKenzie also talked about justice Goldberg and desks are the old wooden type used in many public school for the press, he has tried to keep in mind the difficulties how his political ambitions led to his resignation from the systems prompting Buffalo born and bred MacKenzie to of handling all this material when decisions are released, Court in spite of his considerable abilities as a lawyer and recall both happy and unfortunate experiences of his days spreading them out over a few days. as a judge. While on the subject of judicial ambition, in the Buffalo Public School system. Pneumatic tubes have Newspapers, unfortunately, are not geared to the time MacKenzie told an anecdote about how he obtained a been installed where the inkwells used to be in these desks, frame of the Court. Editors do not, according to scoop from justice Stewart as to his interest in becoming allowing a reporter to dash off a story right in the MacKenzie, like to devote a whole lot of space to Court Chief Justice. Stewart was eating lunch in the Court Courtroom and then send it down to the press room in the decisions just because they all came down in one day. cafeteria and MacKenzie asked him why he wrote to Nixon basement of the Supreme Court House through these MacKenzie also noted that newspapers don't like to print saying that he was not interested in the Chief Justiceship. tubes. articles on Court decisions if the decisions were made more Stewart candidly replied that he had promised himself not The close proximity of the press to the Justices had than a few days earlier because the "press is too 'into' the to have any further ambitions when he accepted a position always been a matter of concern to some of the justices. today and yesterday time frame." This means that on the Court and that he thought that justices who had MacKenzie described the experience of having a direct eye reporters are forced to choose only a few of the cases that already been on the Court for a while made bad Chief contact with Warren Burger after he became Chief Justice: may be decided in one day as subjects for their articles. Justices. Later on MacKenzie learned, much to his chagrin, "Burger would look down at you as if to say: 'What the Also, after knocking yourself out to wade through all the that the only reason Stewart had told him his reasons was hell are you doing here?' " After Burger was Chief Justice material that became available at one time and producing because he thought MacKenzie was a law clerk to one of for one term, the press desks were suddenly moved further an article for the next edition, all the editor wants to know the Justices. MacKenzie noted with that he some humor into the courtroom and the shape of the bench was is what you will have for him/her after that. All you want never saw Stewart in the cafeteria after that. Justice changed to a curve so that the justices could hear each to do is recover from the previous day's efforts. other better and communicate more easiliy. To top it all off, MacKenzieconcluded that even more V LAW CLERKS COURT INFLUENCES Every so often the Chief Judge holds an interview mistakes are made in the media analysis of Court decisions Finally, MacKenzie answered a question on the with the Press Corps assigned to the Court on what he calls after current news deadlines are long past. Cases are often amount of influence that law clerks have on Supreme "wages, hours, and working condition." MacKenzie misinterpreted when they are referred to years later and Court decision-making. He felt that for the most part recounted how, at one such session, Burger proposed when the reporter involved usually has more time to clerks had little influence on the actual decisions made by putting the press in their own separate glass booth in the analyze the decisions she/he is discussing. the justices though many of them seem to use their clerks courtroom, ostensibly so they would be able to call in as sounding boards on Which to test their arguments. stories without disrupting the proceedings. Questioning QUESTIONS AND ANSWERS Where clerks do ieem to get too much of the upper hand is In the question-and-answer period after his lecture, in opinion-Writing. which MacKenzie felt was too often full Burger's motives, MacKenzie asked the Chief justice if "there would be any air in the booth." Burger, unamused, MacKenzie was asked if he thought that the present of law review-type esoterica and excess verbiage. Although replied thatthere would be, but, as yet, no action has been Supreme Court was granting fewer petitions for certiorari the Justices won't admit to this state of affairs, MacKenzie taken on tnis idea. According to MacKenzie, his wife has in criminal cases, especially from those convicted of crimes feels that it is true and that the Justices should exercise speculated that such exchanges may he responsible for in state courts. MacKenzie responded that he thought more control in the decision-writing area. MacKenzie's feeling that the Chief justice is not overly there was a definite trend to let state convictions stand and Further discussions were then held at a sherry hour fondof him. that this would mean less petitions were granted. following the question and answer session. - ' November 21, 1977 Opinion 4 �Administration Notes Cavanaugh Speaks on Use of Lay Magistrates NOTE OF POLICY ON RELEASE OF STUDENT RECORDS Every year, the law schoolreceives requests for Information about students. As a general matter, student record data is not disclosed outside of the law school without the consent of the individual student, as required by the Family Educational Rights and Privacy Act (FERPA). However, the statute creates a limited exception for "directory information," which is defined to include "name, address, telephone listing, date and place of firth, participation in officially recognized activities... dates of attendance, and degrees and awards received..." The law school plans to allow limited disclosure of student directory information (usually only name, address and year in law school) to bar associations and to law book publishers. If you do not wish to have your directory information included in these lists, please leave a note in Room 312 stating your desire to have your name excluded, no later than December 10,1977. The Family Educational Rights and Privacy Act provides students with additional rights concerning the use of their academic recordStudents interested in learning more about theserights should consult 20 U.S.C. SI 232g and 45 C.F.R. Part 99 in the law library. WAIVER REQUESTS STANDARDS FOR ACTING ON WAIVER REQUESTS BY STUDENTS WHO HA YE BEEN DECLARED ACADEMICALL V INELIGIBLE TO REMAIN IN LA WSCHOOL A petition for waiver filed by a student who has been declared academically ineligible to continue in the law school must be consistent with Court of Appeals requirements (i.e., must be in accord with residency and credit-hour standards) and must demonstrate that the failure to meet minimum requirements was a result of unusual or extraordinary circumstances preventing or interfering with normal academic performance, including but not limited to: (1) Physical or mental illness sufficient to interfere with academic performance; (2) Financial hardship sufficient to require employment which interfered with academic work; (31 Personal problems such as family deaths or illnesses, marital difficulties, and the like, if it is demonstrated that the condition in question is temporary and not likely to interfere with future academic performance. . Factors Favoring Grant of a (1) Presence in the file of favorable evaluations and. recommendations from law faculty members who are familiar with the applicant's capabilities and performance. ..,.'' (2) Presence in the file of independent documentation of the conditions asserted as a basis for waiver (e.g., physician's statements, financial and employment records, and the like). (3) A transcript reflecting a general trend toward improved academic performance in law school. (4) Presence in the file of documentation that the applicant has brought to the attention of responsible faculty or administrative officials the conditions which have resulted in poor performance, in a timely fashion that is, before the conditionshave resulted in "D" or "F" grades. (5) A reasonable likelihood that the student, if allowed to continue, would be able to meet law school and Court of Appeals residency, grade, and.credit hour requirements. - by Bill Brooks On November 15, Mitchell Fellow Winifred Cavenaugh spoke on the "Involvement of the Lay Citizen in the Administration of Criminal Justice." Although the talk was scheduled for room 108, it was moved to the faculty lounge when a large crowd failed to materialize. Ms. Cavenaugh became a member of the bar in England in 1964,after serving a number ofyears as a lay magistrate. The English criminal justice system is divided into the Crown Courts and Courts of the Lay Magistrates, although all criminal cases, except for a few, e.g. theft, begin at the Court of the Lay Magistrates. The court is composed of a clerk who handles all issues of law and three lay jurors who serve as fact-finders, but who have a greater role in the trial than the American jury. Ms. Cavenaugh emphasized that the lay magistrates can take over the questioning of the defendant and many times the participation of the lay magistrates will be determinativeof the outcome of the trial. In Birmingham where Ms. Cavenaugh hails from, 350 lay magistrates sit in 19 to 20 courts per day and handle 50X),000 criminal cases a year. Of the 350 lay magistrates, only 3 are lawyers. The rest are housewives, doctors, parsons, truck drivers, teachers, etc. When a case is brought before the court, a defendant is given the choice of having a jury trial or a trial before three lay magistrates, with the. few exceptions previously noted. Three quarters of the defendants accept a trial before the lay magistrates. Such a choice is easy to understand when one sees how the alternatives are put to the defendant: "You can have a jury trial at the next crown court or you can have a trial before the lay magistrates today." With such a system, who needs plea bargaining. : . In those instances when a defendant requests a jury trial, the magistrate court still plays an important role in the criminal process, serving at a body very similar to that of the Grand Jury in the United States. The prosecution presents its case and the defendant rebuts the prosecution's arguments. If after both arguments enough material is presented in which a reasonable jury could convict, the case is then scheduled for trial. If not, the case is dismissed. All non-jury trial cases are decided the same day the defendants are brought before the lay magistrates. Appeals however, concerning questions of law or the sentence are still available to the defendant Ninety-eight per cent of criminal cases end on the magistrate level. Statistical studies indicate that except for sex offenses in which the lay magistrates tend to convict more readily than a jury, one's chances of being acquitted or neither increased or decreased by accepting a trial before the lay magistrates. The Lord Chancellor makes all appointments to the magistrate courts. Although at one time patronage played a substantial role in the appointment process, since World War II patronage has ceased to be a factor in the appointment process. A list of qualified people is made available to the Lord Chancellor by a local advisory committer, although in order to be appointed a person mi t personally know a member of the advise committee. The result is that many qualified pe. ,c have little or no chance of being appointed. The aim of the appointment process is to place in the magistrate courts people with a wide variety of lifestyles and experiences. As such the courts are composed of magistrates from all walks of life and all income levels. The result is a system of criminal justice in which a speedy trial is a reality. . The SUNY/Buffalo School of Law presents A Seminar •& Recruitment Information Session on The Legal Services Corp., Inc. .",... December 2, 1977 Kiva Auditorium, Baldy Hall The Legal Services Corporation is a private, non-profit organization, created and funded by the Congress to provide legal assistance to the poor in non-criminal matters. A major priority of the Corporation is to obtain from the Congress sufficient funds so that new programs may be established where none now exist, and so that existing programs may be strengthened to serve more adequately the geographic areas they cover. The Corporation will soon begin to recruit hundreds of June 1978 law graduates to staffoffices throughout the U.S. On Friday, December 2, 1977, the Law School will present a special seminar and recruitment information session on legal services. The seminar will include a panel discussion of the Corporation, a review of current programs and a question and answer period. Employment information will be available. At the conclusion, a coffee hour and sherry reception will be held in the faculty lounge. Legal services lawyers for the Erie County and Monroe County Bar Associations will attend the reception to informally discuss their work with conference attendants. - 1:15-2:30 Welcome & Introduction of Panelists Asst. Dean, Jay C. Carlisle, II Penel Discussion Prof. Marshall Breger, Marilyn 2ahn & Varetta Woodard 2:30-3:00 Question & Answer Period 3:00-3:15 Coffee Break 3:15-4:00 4:00-5:00 Recruitment Information 1:00-l: 15 - Sherry Reception - Varetta Woodard Faculty Lounge Law School Talent Show \ People are needed to help coordinate, organize, and/or perform. If you sing, dance, take apart rifles, cite-check in a neat way, want to do a skit with classmates about that particular someone who has been tormenting you, here is your chance. Many faculty members and students have already indicated their interest in taking part. Students, staff and faculty are requested to leave a name and number and perhaps a description of what you or your group will be doing, in Room 312 and/or the Opinion office. Emcees, stage band personnel and people with some stagecraft experience are needed. The show will take place sometime in late February, so everyone has plenty of time to prepare his/her, them/their act. We are also trying to locate a suitable hall for such an evening all suggestions would be appreciated. — . Opinion November 21,1977 ■I'>V. >: 1 I 5 �APPC APPROVES NEW ELIGIBILITY PROCEDURES by Becky Mitchell The rationale for changes in The Academic Policy and procedures is "timing problems" Planning Committee began its created by the lateness of new activity for the fall semester with semester grades. The provide for a meeting on October 12, 1977. procedures This committee, headed by Dean administrative review of students Headrick, is comprised of student who have received two (2) or representatives and faculty more unsatisfactory grades during members. Its chief function is to their first semester of law school. provide a forum for the The committee may require that engendering and discussion of such students receive counseling ideas relating to curricular needs and/or take no more than three and academic policies, and to courses during the second make recommendations to the semester. No one will be declared "faculty. The Dean and Barry ineligible to continue at that time, Boyer have some responsibility however. Students will finish their for identifying areas needing to be second semester and be evaluated filled and proposing ways to fill when spring grades become them. In this way the APPC is tied available. Those who receive four (4) or in with the appointment process and the plans of current faculty. more unsatisfactory grades in The students' role is to bring in their first year of law school will ideas of student concern, such as be declared ineligible to continue. particular courses they would like Normally, such students will not to see being offered, students' be permitted to register for classes views on where the law school in the fall after their second should be headed academically, semester. In the absence of special and ideas relating to academic circumstances, such students will rules and procedures. There were not. be readmitted before they no student representatives at the have completed a one-year leave October meeting of the APPC of absence. Students may petition the because they had not yet been for readmission. If appointed by the SBA. Dean APPC Headrick expressed the hope that substantial improvement is shown students would soon join the between the first and second semesters, provisional registration committee. The first order of business of may be permitted the following the meeting was to consider fall. "Substantial improvement" individual petitions for means the receipt of at least three readmission. These are reviewed satisfactory grades in the spring of by the committee on a the first year. The unanimous case-by-case basis. Next the consent of the Dean, Associate committee reviewed proposed Dean, and, if appropriate," the procedures for establishing Chairperson of the Minority academic eligibility. Boyer revised Student Program Committee, is recommendations developed by required for provisional the APPC last year into a final registration and the student must version during the summer of still submit a timely petition for 1977. This version was accepted readmission if (s)he wishes to by the APPC at the October'l2 continue in the spring of the meeting and will be presented to second year. the faculty for approval. .After the first year, any 116 Me. 399,102A. 106 Ragtime Gagtime Blues (a.k.a. Brackenbury v. Hodgkin) By Wayne Lopkin .-■ Note: the following was recited by the author as a case brief for a Contracts class on November 7. Some facts have been altered under poetic license and others (set out in theTeacher's Supplement) were not available (possibly chanting one's view of the case. - ■ Old lady so nasty, old lady so blue Induced her girl to stay quite true, Said she in a letter loaded with charm: "Comelive with me and have a farm "name, address, telephone listing, date and place of birth, Up they went, From South to North, r Only to find ■ The old buzzard mired in froth, She ranted and raved; stormed and howled; Kicked and screamed; and then loudly growled: "Out of here daughter so shoddy, \ You won't have my house Not over my dead body!" To her son, eyes filled with greed, She tendered a worthless, no good deed, Out he went and out he sougit A writ of this, a writ of that And dragged his sister into court, "You did thisand you did thatI" "Tohell with you, she's just an old bat!!" The court agreed and said as a fact, The letter she sent is a valid contract, "But they're getting the farm They're getting it free!" "Stop crying you fool, And learn of equity!" The court decided, oh so merry, "We give (he case to Brackenbury." Hodgkin squealed, Hodgkin squirmed But he's out of luck On appeal, the court affirmed! - . - f V r - November 21,1977 Opinion 6 student who accumulates a total of four (4) or more unsatisfactory grades will be given administrative review by the APPC, and counseling, if recommended, as soon as grades are available. Students who receive more than six (6) unsatisfactory grades will be declared ineligible to continue in the J.D. program. They may petition the APPC for readmission unless the seventh unsatisfactory grade is received during the semester in which the student expected to graduate, in which case the student may directly petition the faculty for readmission, or graduation. Normally students declared ineligible to continue after the spring or summer session may not be readmitted until the following spring semester. Students declared ineligible when fall grades become available may request provisional registration during the spring and must petition the APPC for readmission if they wish to continue the following fall semester. The next order of business at the October 12 meeting of the APPC concerned the use of Baldy Endowment funds to establish a Law and Social Policy Center. The Baldy Endowment exists for the of encouraging purpose cooperative work in the areas of Law and Social Sciences. Dean Headrick observed that progress in collaboration between the law school and other academic units has fallen far short of hopes and expectations. The proposal for a Center was a response to the Schwartz on Sports felt need to encourage such collaboration in a more organized way. The proposed Center would provide an institutional framework, a budget, a physical location for contact meetings, a staff, a capacity for sponsorship, a network for conveying information, and leadership to facilitate interdisciplinary interaction. The Dean submitted a memorandum outlining the* rationale for such a program and a organizational proposed framework to the APPC for comments and suggestions. The proposal would then be submitted to the Baldy Committee and other law faculty committees for review. Grading ambiguities in the Special Assistance Program were discussed next. The extra hour's credit in each subject received for completing tutoring requirements during the first year of law school presented a problem with regard to grading. No credit is to be received if the student does not complete this satisfactorily requirement. Another problem discussed by the APPC is the lack of letters student achievement accompanying many asterisked grades. The purpose of the * is to denote the existence of a letter in the student's file. Many letters have never been written. The APPC adopted the policy of not permitting asterisks to show on grade reports until a letter is placed in the student's file.' No action was taken on a proposal by Professor Atleson to evaluating extend the number of credit hours in the "Lawyer's Role in Negotiations Course" from three to four. A proposal from Professor the Kaplan recognize to completion of a concentration in state and local government law with a certificate was approved and sent to the faculty for its approval. Professor Katz presented a memorandum outlining a course he intends to offer in place of his "stealing" seminar in the spring of 1978. The new seminar will be on the subject of balancing and will focus on the decisionmaking of Justice Powell. Professor Schlegel proposed several administrative research projects which will be discussed further at subsequent APPC meetings. He proposed an examination of possible differences in the records of students who have taken five courses, instead of the normal four, during their first year of law school to see whether the rule requiring prior administrative approval for a five-course load is necessary. Schlegel also proposed a study of the effects, if any, of faculty v. student-taught writing courses, and an examination of the possibility that bar exam figures reflect problems in admissions relating to class size. The APPC will consider many more issues throughout the year. Students should contact their student representatives if they have ideas and opinions they wish expressed in the APPC. G.M.'s Top Models by Michael Schwartz keep their good players (Punch Imlach for example), It is time to recognize that the single factor Pollock is not satisfied. His success is the result of essential to maintain success in team sports is a being unafraid to gamble by trading these good superb General Manager. All too often the players for top draft choices which can be converted recognition heaped upon winning teams goes to only into the desired superior players. Examples of the players and the manager. While those two gambles that have worked are goalie Michael components are important, their contributions to Larocque (acquired when Montreal traded Bryan the creation of a winning tradition should not Watson to California for a No. 1 pick), top overshadow the fact that the key element to staying defenseman Larry Robinson (a second round pick on top is a competent front office. Recent sport received from L.A. for Dick Duff) and goal scorer history has demonstrated: that the properly placed Steve Shutt (drafted by Pollock with theKing's No. individual, when given free reign by the owner, is the 1 choice acquired by trading Gerry Desjardins). The importance of, a. General Manager should one most likely to push a club to the top and keep it there. The two organizations which most vividly hot be overlooked (are you listening Ralph Wilson). demonstrate this fact are basketball's Boston Celtics As the one person with control of both the players arid hockey's Montreal Canadiens. While both teams. and the coach, the G.M. must bear the ultimate have been through several coaching changes and even responsibility for, winning. A General Manager, wholesale turnovers in player personnel, each club wilting to make the hard decisions, can make all the has managed to dominate its sport There have been difference. years when they did not win their respective »'**�* championships, but after short rebuilding periods they were each able to bounce back strongly. Not surprisingly, the General Managers of both REMINDER- Sports humorists should submit their gathering comments on Sportsworld to the Opinion office as teams are masters of personnel methodologies completely opposite to the ones that soom as possible. If more participation is not their sports require. In basketball, where a single forthcoming, I will have to start to make the letters player can be such a determinative factor, Red up myself. Auerbach has chosen to use stopgap measures to plug whatever holes may appear in the team formula he has designed. To solve problems, he has decided 70% OFF ON to trade for a player whose special skills are needed at that particular time. Recent examples of this LAW STUDENT theory in practice are the trades which brought such RESUMES players as Paul Silas, Charlie Scott and Sidney Wicks IBM Composer and typing available to Boston. Sam Pollock of Montreal deals with a different HAH Quick Copy Center, Inc. situation, since a hockey player is on the ice a relatively small portion.of the time. A large number .3342 Bailey Aye., Buffalo, N.Y. J4215 of superior players are needed to produce constant 833-8510 victories. He has demonstrated that in hockey,the 1630 Broadway, Buffalo, N.Y. 142)2 draft is the best method to achieve a Stanley Cup. 892-1555 Each year the Habs are able to use their large Also Specializing in Legal Briefs number of choices to get one or two superior players and several others who are good enough to improve any team. While some General Managers choose to , r �Impressions by Carol Gardner I was sitting nervously awaiting the start of the meeting. I struck up a "small talk" conversation with the only male present. I know I was feeling awkward and guessed he must be feeling that way, too. As more women arrived and the wine began to flow, I started mingling. A good crowd turned out in spite of a slight mix-up about the location of the meeting. Soon, a call to order. The women attorneys were asked to speak about their jobs and about being women in a male-dominated profession. First to speak, was Judge Delores Denman of the Local attorney Sue Silber addressing women at Career Night New York State Appellate Division. Judge Denman, an alumna of the UB Law School, said she never really has to deal with sex discrimination in her career. She admitted that, on occasion, she had run into individuals who expressed their dislike for women attorneys. She by Sheryl Reich did stress that being a woman was not the sole reason why she and On Monday evening, November 14, the Association of Women Judge Ann Mikoll were appointed Law Students sponsored a Career Seminar: "Evening with Women to the Appellate Division by the Attorneys," held in the Faculty Lounge. The event attracted a large Governor. She acknowledged that number of women law students and about twenty attorneys from the her was one of the reasons she Buffalo area. was selected as a candidate, but The event was organized with the hope of exploring the wide she said she believed her variety of contexts within which women are using their legal training. competence and experience were There was a focus on the way in which being a woman has affected the real reasons for her career training, choices, and practice. Also, seeing women who are appointment. doing good work and enjoying it is encouraging. Listening to judge Denman The attorneys represented solo practice (Maureen Macready, made me begin to feel optimistic Lillian Cowan), general practice with medium-sized firms (Sue Silber), about the impact of sex specialized practice with a large firm (Ann Williams, Gail Vance, Pam discrimination, especially when I Heilman, Jane Clements), legal services (Marjjyn Zahm), the found out that she has only been Corporation Counsel (Marge Anderson), the U.S. Attorney (Carol out of law school for 12 years. White), law teaching (Grace Blumberg), law librarianship (Kathy But just as I began to feel more Carrick), and joint degree programs (Rosmary Vogt). satisfied that women were being Denman "of the* Appellate 'DtvßidnStarted" offthe accepted fn the legal world, Judge "Judge evening with encouragement for all women to do whatever they do Denman commented on the we 'l__' ■_'_" _, importance of having a good Lillian Cowan, by far the show stealer, indicated that her choice of speaking voice, preferably in the what kind of practice to go into was limited by her graduating from lower ranges. She likened the law school in 1929. "The only work around was bankruptcy and quality of the model voice to the collections, and there wasn't much to collecteither." "soothing mid-western media" Ending on a cautious note, Ms. Macßeady reminded women that variety. they are frequently encouraged by circumstances to work against each Professor Grace Blumberg, a other rather than With and for each other. The general enthusiasm and Law School Faculty member, good feelings obviously present throughout the evening, perhaps, expressed my own immediate suggests that that need not always be so. reaction when she said that while Women Law Students Hold Career Night , - Inmates Discuss Sentencing by Dwight Welts In recent weeks, Judge Sirica reduced the sentences for Eriichman, Haldeman and Mitchell. This very visible example of judicial discretion in sentencing raises some questions worthy of examination. How does a decision such as that made by Judge Sirica affect those persons presently serving sentences in maximum security institutions? In an effort to get an answer, I discussed the question with twenty inmates at the Attica Correctional Facility. These inmates, who are serving time for crimes ranging from possession of stolen property to murder, have been sentenced for periods from 3V4 to 25 years. At the beginning of the discussion, most of the participants were confused and angered by Sirica's decision. One inmate stated that "the potential injury to society resulting from the crimes committed by these men was far greater than that from any crime committed by men serving time in Attica." One issue that came up again and again was accessibility. Inmates at maximum security institutions have to fight to gain access to the courts or, for that matter, to any other part of the criminal justice system. They are forced to file writs in county courts where there is open hostility to them and to their causes. Many of these writs deal with release dates and parole board actions. Such writs are usually not decided very quickly, and men are actually released before the judge gets around to acting on them. But if you happen to have a position of power and/or wealth, now or in the past, a letter to the sentencing judge can bring about almost instant results. In a 1974 article in the Washington Post, Miller wrote: "The Watergate-related cases and the Agnew case have raised questions about the class consciousness in our system of justice, a system in which the white collar criminal generally gets the break and the crook gets the, book." The inmates are quick to point out that they are the real victims of this discriminatory class system. Sentencing is the critical connection between the criminal law and the penal system. Most judges simultaneously view sentencing as their greatest challenge and their greatest source of frustration. They find that a growing percentage of their workload is being devoted to the resolution of complaints from convicted offenders concerning their sentences, the conditions of their confinement, and the procedures by which their lives are governed. In his book, Criminal Sentences, Frankel stated that "the sentencing powers - Women on Law Careers she didn't doubt the importance of elocution, she questioned the encouragement of any conformity to the male standard of a lower voice. Blumberg went on to talk about her own experiences. Another UB graduate, she said that when she graduated from law school she fancied herself to be a tax and corporations expert, as well as an expert on women's issues. She concluded, after a discussion with a friend, that she wasn't as informed on women's issues as she had thought due to her conscious neglect of family law. She decided to take some courses in the area and became committed to that field. Blumberg also expressed a feeling of loneliness among her colleagues at the law school. She said she isn't completely sure if the loneliness is due to her sex or due simply to the nature of. law schools as institutions. She does suspect that this feeling of separation from other faculty members is a result of their treatment of her in reaction to her sex. She feels that she has been well-received by most of her students, however. Other women attorneys talked about their jobs. One attorney encouraged women to look for jobs with the District Attorney's Office. She said that you can get an opportunity to get into the courtroom almost immediately and that the District Attorney's Office needs women to be prosecutors. Another lawyer who specializes in family law said that many female clients want a woman to them. They want a who will be empathetic, as represent lawyer well as capable. She said that she finally had to display tier diploma, because some male clients would question her at first to find out if she really was an attorney. She also said that family law, while particulary emotion-packed field, was also legally challenging and rewarding. An attorney from Legal Services praised the feeling of comraderie she got from other attorneys. She said that she had of the judges are, in short, so far unconfined that, except for frequently monstrous maximum limits, they are effectively subject to now law at all. Everyone with the least training in law would be prompt to denounce a statute that merely said the penalty for all crimes 'shall be any term the judge sees fit to impose." 1 In the context of the discussion, this is exactly the way- these men view the operation of sentencing under existing statutes. Their ■ complaint not only addresses the initial sentence, but also the release from prison. They are openly hostile to the flexibility and arbitrariness of the parole board. They cite conflicts between the penal code and thecorrections law which deny men a definite release date. There is a high level of tension and frustration surrounding the parole process, with its uncertainties and irrationalities. This process tends to dominate the minds and hearts .of the prisoners. The conceptual framework of penology continues to be the subject of debate. The four corners of the debate remain incapacitation, rehabilitation, retribution and deterrence. The effect of any or all of these objectives on the sentencing process is difficult to detect The judicial response on a given occasion will in large part been the target of resentment by some clerical workers who didn't like having a woman for a boss. I was surprised to hear the praise expressed for large firms. Two attorneys told the group that they had envisioned a large firm as being stuffy and politically conservative. Both had accepted summer jobs with large firms in Buffalo, but had taken them with fears that they would end up in the library for the summer as glorified research assistants. Their fears were dispelled. In addition to being rather lucrative, their jobs turned out to include a variety of responsibilities. These two attorneys encouraged women to look into firms in cities like Philadelphia, Buffalo, and Cleveland, rather than restricting themselves to New York City. They pointed out that the firms here in Buffalo do handle a wide range of cases and deal with all kinds of clients. They stressed that they felt that they had been accepted by their male partners and that working as a team was important. expressed Three women opinions on the idea of career options. Kathleen Carrick, a UB Law librarian, said that she felt she had a lot of flexibility in her job choices because she had an M.L.S. as well as a J.D. Another woman recommended the joint degree program at UB for the career options which it provided. The third attorney cautioned women against being so "option-oriented" as to have no career goals in mind." She reminded the audience that the socialization process still encourages men, and not women, to have career goals. I was pleased with what was said at the career night, but I did agree with the observations of the other women with whom I spoke. They felt that a rosy picutre qf non-discrimination had been painted and wondered about the quantity and quality of jobs that these lawyers didn't get because they were women. They also wondered if these women were the successful exceptions to the norm. My own anxieties die hard. depend upon the particular needs of the public, the victimand the offender. The inmates maintain that it is retribution and punishment that provide the impetus to maintain and operate the penal system in the U.S. They see little connection between how people are sentenced and where they are sentenced to go, and the goal of justice that such sentencing is supposed to attain. In concluding our discussion, one of the men suggested that "we are the safety valve for society. It is necessary to hold up as examples a small groupof people who have failed to meet the expectations considered important by that society." Some would say that this is deterrence but is it? This group unanimously said no. From their viewpoint, the system is incapable of using any objective such as deterrence as an operational standard. This group is not advocating the elimination of prejudice from the sentencing process. They recognize that judges are human beings and therefore subject to the same lack of control and discipline that we all are. But they feel that the sentencing process as a part of the criminal justice system can and should be improved to insure a minimal standard of care for those who must survive the consequences of thatprocess. - Opinion November 21,1977 7 — ; �Continuing Orientation Evaluated by Nancy Peck -Faculty should come to Orientation parties. In an effort to evaluate the two-day orientation program and to provide guidance to the Continuing Orientation Committee for future planning, a questionnaire was distributed to two sections ofthe first year class. (The other section was supposed to recieve them but due to a misunderstanding with the faculty member who was to distribute them, they were never handed out.) Sixty-nine questionnaires were filled out and returned. Since the questionnaires could hardly be described as scientific survey instruments, they are of marginal value but some complaints and suggestions were repeated often enough to provide some insight. The committee will continue to seek information and suggestions for next year. Changes suggested in the two-day Orientation were: * In aid of fair play, it should be pointed out that this was the first time the section faculties had been > -Better library tour asked to have such meetings and they were not well prepared by the Committee. Suggestions for the balance of the term were: -Pre-examination discussion groups -Meetings with recent grads and upperclasspersons on the application of various courses to future work areas -Small group meetings around special areas of the law In general, there seemed to be the feeling that one day would have been enough; that some things could have waited until later in the term after everyone was settled and not feeling totally confused (eg. organization meetings); that there was inadequate contact with upperclasspersons and faculty, and that there should have been more small group question and answer sessions. Many people who attended the meeting for people out of school for ten years or more indicated that the whole class could have benefited from that session. To the person who complained about being allowed only one beer at the party Tuesday night, I wonder if we attended the same party, since there was no limit that I know about. And to the person who wrote the entire questionnaire in perfect mirror image, praising Al Katz's opening performance and requesting an increase in Al's props budget for next year the Committee salutes you. For the truth, even when it's backwards, shall make you laugh. ÜB's Bubble burst by first snowfall of the semester. — Rich Bedot Sea Grant Paper Given At Mariculture Symposium Southhampton College was the Newton described the scarcity of scene October 22, 1977, of a federal legislation encouraging or Symposium entitled Mariculture even permitting commercial in New York State. Presenting a mariculture. He cited the paper at the event was Gary Submerged Lands Act of 1953 by Newton, a third year student at which Congress relinquished much -Tourof whole campus. SUNY at Buffalo Law School. His of its authority over the sea near topic was "Some Legal the coasts of the United States to -More information mailed out over the summer Considerations s Relating to New the coastal states. University services especially financial aid York Mariculture." Newton was State laws governing When servicesactivate Housing. asked to make the presentation in mariculture "tend to emphasize the place of Professor Robert the production of shellfish," Reis, who was unable to attend stated Newton in his paper. He the symposium. concluded that New York's laws Sponsors of the symposium adequately provide for shellfish various environmental but fail to provide for the by Mike Buskus of action can only be brought in a judicial district were the New York "ranching" of marine fin fish. groups including consumer resides or where the debt where the was In September of this year Congress enacted a incurred. SBll (a)(2)(A),(B). Department State of Finally, Newton recommended law to curb abusive, deceptive and unfair collection Environmental Conservation, the conditions which ought to be methods used by debt collectors. The new law, What the debt collector is prohibited from doing New York Sea Grant Advisory included in any legislation to entitled the "Fair Debt Collection Practices Act," The collector cannot employ coercive means to Service, the New York Ocean (P.L. 95-109, 91 Stat. 874), amends the Consumer induce payment. Thus, a collector is precluded from Science Laboratory, the Marine develop fin fish mariculture. Gary Newton is one of three Credit Protection Act (15 U.S.C. 551609 etseq.) by the use or threat of violence or the publication of a Science Research Center at Stony list of persons alleged to be deadbeats. SS806(1), Brook, law students who received adding "Title VIII: Debt Collection Practices." the Nassau-Suffolk The adopted bill resulted from consideration of 806(3). Similarly, erroneously representing to the Regional Planning Board, and graduate assistantships given by four separate proposed bills from both houses of consumer that the collector is affiliated with the Southhampton College. The Sea Grant during the school year. Congress. The Senate Banking, Housing and Urban government is a violation of the law. SBO7 (1). symposium examined maricultural The other two graduate assistants Affairs Committee, chaired by William Proxmire, Other methods commonly used by collectors are activities in New York at the are David Asher and Alan Klein. noted in its committee report that 13 states had no expressly forbidden. For example, the collection of present time, potential for the These students assist professors regulation of any kind on the subject of debt amounts greater than the amount of the debt is a future, and current issues. Kaplan and Reis in the Sea Grant collection. The report added that another 11 states violation. S808(1). Another prohibited practice is Mariculture is the utilization of Program, help the Sea Grant Law " have laws which in the committee's opinion the encouragement to debtors to pay with coastal waters of the ocean for Fellows write articles for Sea provide little or no effective protection. Thus, 80 post-dated checks, which are often used later to cultivation. Examples are shellfish Grant Law Journal, do some million Americans, nearly 40 percent of our threaten arrest on "bad check" charges. cultivation, fish hatcheries, and research, and they will run two population, have no meaningful protection from S808(2),(3),(4). the like. The paper presented by conferences in the spring. debt collection abuse." 1977 U.S. Code Congressional & Administrative News 2967,2969. Penalties and enforcement of the law The types of practices to which the statute is The Federal Trade Commission is empowered directed include prohibitions on the use of obscene under the Act to enforce all provisions of the Beginning Monday, Dec. 5, the Law Library will extend its hours language, misrepresentation of a consumer's legal statute. Suits can be brought in any federal district rights, harassing telephone callsand the disclosing of court or competent state courts to enforce the law. for the Fall exam period. From Dec. 5 to Thursday, Dec. 22, the library's hours will be: a consumer's personal business to friends, neighbors Penalties imposed against offending collectors can or employers. include both actual damages sustained by the 8:00 a.m. to 12:00 p.m. on Monday thru Friday; 9:00 a.m. to 9:00 The text of the bill (reprinted in 46 LW 13) consumer as well as punitive damages up to $1,000, p.m. on Saturdays; and 12:00a.m. to 12:00 p.m. on Sundays. Also during the exam period, the library will assign the library indicates that the new law applies only-to debt which amounts are awarded to the consumer. study carrels to law students on a first come, first served basis. collectors. The Fair Debt Collection Practices Act S813(_)(1),(2)(A). Students will be able to sign up at the reference desk each morning at thus defines "debt collector" to be anyone "... Analysis 8:00 a.m., reserving the carrel for that day. Students must show their who uses any instrumentality of interstate commerce This statute represents a much needed piece of I.D. cards when they sign up. or the mails in any business the principal purpose of which is the collection of any debts." S803(6). The legislation to strike a balance more in favor of the The audio-visual and document departments will maintain their' bill specifically excludes employees of the creditor consumer/debtor. The past history of eggregious 8:30 a.m. to 4:30 p.m. schedule. or attorneys for the creditor from the ambit of Title collection abuses is simply indefensible. Thus, it is appropriate that Congress finally enacted a law to VIII of the statute. S803(6)(A), S803(6)(F). apply broadly to an area of such importance that has What the debt collector can do largely been ignored by state legislatures. The new bill allows collectors to obtain accurate This bill does not suggest, and indeed we do not information as to the debtors' actual address and contend, that the debtor should be permitted to phone number as well as place of employment. evade repayment of legitimate debts. Rather, the 55803(7), 804(1). At a later time than the purpose of the bill is to insure that the collection acquisition of the so-called "location information" methods employed are orderly and reasonable and of the debtor, the collector can (and must within 5 not intimidatory or predatory. days) communicate in writing to the debtor the The actual effectiveness of the statute remains amount of the debt and the name of the person or to be determined in the forum of the courts. corporation to whom the money is owed, as well as However, several concerns remain. Because of sloppy an explanation of what the money is owed for. legislative drafting, some provisions are decidedly S809(a)(1), (2)/(3). vague. In particular, SBll provides appropriate If, after notification is provided to the debtor in venue for the creditor or collector to sue in any writing, the debtor notifies the collector in writing district "in which such consumer signed the contract that any part of the alleged debt is disputed, then sued upon." Does that mean that a tourist disputing the collector must cease collection efforts until the amount of a credit card billing for a flight from verification of the indebtedness or a copy of a Honolulu to Atlanta could be sued in Hawaii? Serving Main Campus • Serving Law School judgement on the debt is obtained. If, even after Perhaps not; indeed, we hope not. documentation of the amount owed, the consumer This new law may well occupy a respected place 3171 Main Street 1676 Niagara Falls Blvd. still refuses to pay, then the collector may notify the with similar legislation designed to afford equal (near Ridge Lea) (near Winspear) debtor that either the collector or creditor may credit opportunity regardless of the sex of the 14214 N.Y. 14150 Buffalo, Tonawanda, N.Y. enactments applicant normal remedies to collect the debt. and other credit pursue legal which prevent 835-0101/0100 834-7046 S805(c)(2). billing and reporting abuses. The need is clear and we the event that the creditor or collector the statute Is well-intended: it fulfills its In brings hope suit to collect the amount owed, then such a cause purpose. -Section faculty should be better prepared at first meeting*. Explain what they expect during the year. Explain briefing techniques and legal vocabulary. - — New Law to Curb Collection Abuses ... New Library Hours Set LATKO printing 6 copy centers -resumes -fliers & posters -brochures We specialize in printing multi-page briefs. November 21,1977 Opinion 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-11-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/21/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/62edfd73adbb0fb15d2991f173305c33.pdf 3e31ec2756429753efa7e6f05271f5fd PDF Text Text InMemoriam In recent months, - much scholarly and public attention has been focussed on the needs and'; emotional states of those who have learned that they will, or likely to, die in the near future due to an incurable disease or the like. We wish to dedicate this issue to problems of the terminally ill. In a special interview, The' Opinion talks to itself about how' it is facing the reality of its? impending demise. Dr.'s John ' Simson and Kirn Hunter, Opinion's personal physicians and ■! bodyguards, have predicted that the end is near for the publication unless some miracle cure can be found in time. We take you now to the sickbed of The Opinion, in room 623 of the Greeley and Kane Memorial Hospital for Journalism. OPINION: How are you these days? What is your attitude towards the time left you? ITSELF: I don't feel at all : Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 volume 18, number 6 well. I am continually having nightmares about big, blank, empty pages and vacant press rooms, silent as a tomb. I dread sleep these days. OP.: To what cause do your doctors attribute the onset of your tragic illness? IT.: There are several factors involved. One is that I have a severe case of terminal boredom. I'm sick and tired of reading Opinion after Opinion full of opinions! There's., no news Opinion state university of new york at buffalo school Law Review=Sea Grant? It seems certain that a merger between the Law Review and Sea Grant will be finalized shortly. Current members of the Law Review voted to accept the merger, proposed last semester by a joint Faculty / Administration / Law Review / Sea Grant Committee, The merger will bring the Sea Grantprogram within the Law Review program in many respects, although members of a joint Law Review Sea Grant Committee stressed that both organizations would continue pretty much the same as before the merger. Entrance into the Sea Grant program will differ slightly from previous years, as applicants will have to complete a case note assigned through the Law Review program. However, unlike Law Review selection, which is currently based only on the case note and an applicant's grades, the Sea Grant students will still have to go through an interview process as in prior years. The joint committee also told Opinion that applicants may qualify for the Sea Grant program while not being accepted for Law Review. Those applying for Sea Grant wilt also have to submit their casenotes before the general Law Review deadline, as more time is needed for their selection and evaluation. Another major difference is that Sea Grant will accept second year applicants while Law Review will remain open only to first year students. Reasons for the merger were partially monetary and partially — anymore only running commentaries about the absurdities of life and law school, and, of course, the Wide World of Torts. I am literally being bored to death! OP.: Is it really all that bad? IT.: Yes. I'm also suffering from a reporter deficiency. People like Mike Buskus can only write so many stories per issue. I have received injections of interested students from time to time, but this has only been a stop-gap measure at best I'm very anemic, too. My type per page ratio is much too low. This causes those nightmares that I was telling you about earlier. OP.: How has the law school reacted to your illness? IT.: Well, a lot of.people seem to miss me when I'm not around, but hardly anyone has offered to help or even to visit me in the hospital. OP.: Have your attitudes structural, In the past, Law Review editors have spent a great deal of time doing summer work. Remuneration has been problematic. The merger will allow the Law Review Editor-in-Chief and one other editor to receive stipends from the Sea Grant program. They will be responsible for supervision of Sea Grant summer fellows in return. Further monetary support will be given the Law Revlewlin the form of a Sea Grant subsidy. Sea Grant will no longer issue its own Law Journal, but instead publish its articles through the Law Review. Sea Grant will pay for the publication of these articles. Structurally, the conflict of students selected for both organizations will be reduced by the merger. In the past, some students have had trouble meeting the writing requirements imposed . recovery? IT.: There are some possibilities. If everyone in the law school wrote a few words down and submitted them to me, I'd certainly have pages filled with print. Or if everyone in the school clapped their hands at the same time while repeating (and believing) the words: "I dobelieve in theOpinion. I do believe in The Opinion," issues might appear miraculously, just on the basis of good faith alone. continued on page two Non-Pront Organization U.S. Postage PAID Buffalo, New York Permit No. 708 February 9,1978 oflaw Faculty Considers New Appointments Grant and Law now be possible to do a casenote Sea Grant topic, by Jayne Zanglein who have been working with him. satisfy both His intellectual capabilities, his organizational writing imagination, his energy, and his A report from the Appointrequirements. Additionally, these publications will be paid for by ments Committee was the first commitment to scholarship have Sea Grant, giving the Review major item at the faculty meeting also been praised. Prof. Hyman, held on January 30. Two candi- speaking for the Appointment additional monies. dates were recommended for Committee, referred to Axelrod's An Advisory Committee will faculty appointments in the fields "capability of seeing problems oversee the merger and operation of Criminal Law and Civil Pro- from a new point of view." It was then the dissenting facof the joint program. It will be cedure. ulty members spoke up. Other Barry Rets, Professors Dean Headrick and of composed Kaplan, one Sea Grant Fellow not Boyer chaired the meeting. Thirty professors who had spoken with on Law Review and two Law faculty members attended the ga- Axelrod and who had studied his credentials voiced their opinions. thering. Review editors. The majority of the meeting "There is a question in my mind There was some adverse student reaction to the merger. was spent discussing Robert as to his ability to really probe an issue to see it from all sides." Many .felt that this was just Axelrod, the Criminal Law candiAnother faculty member comanother consolidation of date. Axelrod has been working "desired" positions within the law on criminal litigation in the mented on Axelrod's "lack of maschool, which would only serve to Chicago area and has been highly turity." He's "not the sort of perrecommended by those people son whose teaching interests are further narrow "the chosen." so strong you'd take him no matter what. What it comes down to, in essence I wonder about the by both Sea Review. It will for the student or article on a which will ... Commencement Exercises Scheduled for May 27 at Artpark The graduation ceremonies for the law school will be held at Artpark on Saturday, May 27 at 1:30 pm. Students should arrive at 1 :00 to line up. A commencement bulletin will be distributed at a later date with more detailed information. Plane and Hotel Reservations should be made as soon as possible. There will be a graduation fee of $18.00, which will be used to pay for caps and gowns, and a pre-graduation party. The money towards your issues and other family members changed at all? IT.: Yes I try to live each issue as if it were my last. I am awfully afraid that my doctors and nurses will abandon me in my hours of greatest need, so I look at each completed issue as a rebirth. The stall has worked hard to keep me productive in myfinal days. OP.: Is there for your will be collected beginning on the the $4.00 fee to help pay for your week of February 13, and all fees order. The photographer will be here must be paid by March 1. on Friday, February 24, Monday, There will also be a fee of February 27, and Tuesday, $4.00 for those graduates who February 28. He will collect the wish to have pictures taken. This $4.00 fee at that time. You will money will pay for the sitting fee receive approximately six color and for a class composite proofs to choose from. The class photograph which will be composite will only be distributed to each class member worthwhile if a lot of students get who has his/her picture taken. If their pictures taken. All third-year individual portraits are desired, a students are encouraged to $2.00 credit will be allowed from consider this opportunity. ... person's depth." This was countered by one of our longstanding professors who admitted his own naivete when he entered the teaching profession. "Except for the unusual person, a person is likely to come into teaching without being able to present a well-rounded view and an exact set of principles." After a general consensus that Axelrod is "close, on the edge, but a high risk" and the general admission that he is still one of the top two people who had been interviewed, Katz voiced the idea continued on page five �King on Magistrates To the Editors: BLP Staff Commended The Law School has gained state-wide notoriety and respect because of your fine leadership and the hard-working efforts of the Project members. I hope that I can continue the tradition of Mr. John Arpey, Director Ms. Kirn Hunter, Managing Editor excellent direction you have offered the organization. On Dear John and Kirn: I wanted to take this to personally opportunity congratulate you on the occasion of your retirement as Director and Managing Editor of the Buffalo Legislation Project. You both should be proud of the accomplishments you leave behind. The BLP has provided a valuable public service for close to eight years. By providing state and local officials with thorough research projects, the organization lends the experience and expertise of the law school to those who participate in the day to day operations of state, county and municipal government. During your tenures as the Project co-cordinator, you have expanded the dimensions of our service both in number and quality. The Buffalo Legislation Project has produced close to 15 papers over the last year, compared to some 8 papers during the previous year. We have taken on more complex areas and are no longer afraid to confront the hot political (tsuel more easily forgotten. ; To the Editors: behalf of Joanna Gozzi, Managing Editor Elect and the new editorial board, I wish you all the bestJn the coming years. We will count on you for advice as we have, for leadership. a Kohane Director-elect End of the Katz Meow To the Editors: Anyone who has sat through Section 3 last semester can fill you in on Katz's low opinion of academia. Katz took potshots at law review articles that relied on length and not common sense. He disdained briefs and exam cramming. We were assured we were the equal of Wisconsin and Harvard students. (Were you worried about it?) This is all well and good. But now I think he may be part of the elitist establishment he scorns. There were his chilling words in class one day, that we had better prove ourselves on the exams or we "don't deserve to become lawyers!" And just recently we find out that disproportionately many of us, most of whom performed well on all the other exams we took, didn't measure up to Katz's personal standard of what a lawyer should be. I think I know what lies behind his very personal standard. One of the dangers of being within academia is the possibility of growing arrogant and contemptuous. Students make easy prey for a professor who is intelligent and knowledgeable. Students think they know so much, but with a little finesse their reasoning can be circled, toyed with, dropped and shattered. To the clever professor all logic is vulnerable. Smith and Jones take the same exam and say the same things in their own way, yet such a professor might scorn Smith and praise Jones. Whim can have such power over how the mind sees things If Katz wants to complete his mission to weed out poor lawyer material, he should discover a method whereby his grades are not distributed randomly. Or better yet, he should go elsewhere, to t' school where there really is the large squad of incompetents he is determined to expose. .<.'•■.,. ~.! hnfi litw tin*, noilatvnoo /ri Dnivjifc.n i.-..-.. .'>■>. ,: ~.. ,r Ui; i,i -.-■ .- :■■■ i jm> <ji ft:,.) nig** J'i"»'i ?V''"•*_)_fo____jtfr .. : Opinion talks to itself. . . continued from page one However, my doctors have suggested that the most practical cure would involve increasing my staff and contributions. Some more cartoons would be great help. If people would take notes during any special lectures they attend and submit them to the paper, the elves in Rm. 623 will cover them with chocolate and turn them into stories. Students can also write about any special programs or internships [not relationships] in which they are so lonely sometimes upon the sixth floor. It would be so nice to see some new faces before I'm out of print. OP.: What will you do if there is no student response? IT.: Weell, you've heard of euthanasia? I'm ready. I know all about the subject after all, I carried the story on Yale Kamisar's lecture on my front pages. I've discussed it with my doctors, and they're with me all the way on this decision. I'm prepared to voluntarily give the involved. OP.: If you had one wish to be authorization to have my life granted before you pass into support systems terminated. I will let my ink run out and the presses oblivion, what would it be? stop. gets To have more staff. It IT.: Vol. 18, No. 6 - ' Editors-in-Chief Kirn Hunter John Simson February 9,1978 WaSS_! Ted F,reto 8 Photo Editor Business Manager Earl Butzkus, Dick Butkus, Staff: Musk Bikus, Bill Brcteks, Mike Buskus, Schwartz, Dwight Wells, Jayne Tim Cashmore, Sheryl Reich, Michael Zanglein Contributor: Tom Saitta herein is Copyright 1978, Opinion, SBA. Any republication of materials strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. Buffalo It is the student newspaper of the State University of New York at views School of taw, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The or Editorial Board expressed in this paper are not necessarily those of the Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined the Editorial Board. OPINION is funded by SBA from collectively Student taw Fees. Composition Design: University Press at Buffalo _ 2 opinion february 9,1978 OP.: You mean to say that your doctors are willing to agree to this murder???? IT.: Certainly. Why should they fight to save the life of a patient that nobody (sob) cares about? (boo hoo) Besides, I don't want to live if the students aren't interested enough in my survival to get involved. I don't want you to get the there are a few wrong idea people who contribute regularly to try and keep me going. You can find their names in the staff box of each issue. But the list keeps growing smaller. It's been a good life, but all too short. OP.: Thank you so much for this frank and revealing discussion. Maybe if you get some more staff help, you won't have to interview yourself anymore. The Opinion has just learned that a wake will be held in its honor on February 14, from 3:30 to 5:30 in the first floor lounge. Law students seem to be interested in such depressing things as wills and wrongful death actions, so it is hoped that all such interested students will attend the pre-funeral wake. The Opinion is seriously interested in increasing its staff. Please come to this meeting or leave your name in Rm. 623 if you are interested in keeping the Opinion alive. If there is little student support, this may very well be the swan song issue of the Opinion. R.I.P. - increasing dismay the account by Bill I read with interest and talk on lay magistrates Brooks of Professor Cavanaugh's1977). Unfortunately I was not present 15, Issue Vol 18 No. 5-Nov. to what extent the misleading and at the talk and do not know article derive from the visiting the in contained inaccurate statements whatever the source of these However, speaker or from poor reporting. has who researched and as someone compelled, feel errors may be, I as representing a as well courts, written extensively about magistrates' attempt to'put to courts, these in of defendants considerable number the most glaring matters right by pointing out and commenting upon mis-statements. and of these inaccuracies accept a trial before Statement 1. "Three quarters of defendants when one sees is to understand easy Such a choice the lay magistrates. can have a jury 'You the defendant. how the alternatives are put to can a trial before the lay or have you Court next Crown trial at the magistrates today.' With such a system who needs plea All non-jury trial cases are decided the same (fay bargaining? defendantsare brought before lay magistrates. Comments: (i) Three quarters of defendants do not accept trial before the magistrates. About 90% of those who decide to have their case dealt with at the magistrates' court plead guilty. The proportion who actually choose a contested trial before lay magistrates in preference to a judge is therefore very small indeed. (ii) Hardly any trials take place on the day of the defendant's first appearance before the magistrates. There are almost always long delays. In a recent study of Sheffield Magistrates' Court, for example, it was found that only 7 out of 77 Not Guilty pleas were heard immediately. Of the remainder, the vast majority had to wait between seven and fifteen weeks before their case was completed. At Coventry magistrates's court any contested case scheduled iofastmote/malVone hour is remanded to a date over three mbrith£ahead.-Worse sttlL' even guarantee that ft Willhe after a contested trial has started, there is between different parts of the delays without further completed evidence, for lay magistrates, being unpaid and part-time often cannot sit in the afternoons or on consecutive days. Moreover, even those defendants who plead guilty to anything more than a motoring or drunkeness charge can usually expect two or three court appearances before being sentenced. (iii) Plea bargaining abounds at magistrates' courts. The only differences from the U.S. being that the magistrates themselves play no part in the bargaining process and the prosecutor makes no recommendation as to sentence. Nevertheless, bargains are struck charges are dropped or reduced in exchange for guilty pleas. More often than not the delays and inconveniences ofHa coritesteo* 'trial are n9riW I'fripdr^nt'faaorsWWte-A-l.^ JJrtJ ft*™*** lfS^temen^_J l _Wef.n__nt *wheVe rh'mose'!lh^nce¥ ' trial, the magistrates court still plays an important process... The prosecution presents its case and the defendant rebuts the prosecution arguments. If after both arguments enough material in which a reasonable jury could convict the case is dismissed. Comments: (i) Since a 1967 law changed the procedure for committal proceedings, the number of cases where a preliminary takes place before the magistrates is minute. In almost all committal proceedings these days the prosecutor merely hands over statements of evidence to the defense and the defense lawyer acknowledges that he has received such statements. In.other words the magistrates act simply as an administrative rubber stamp. Of those few cases where there is a full committal hearing, hardly any are dismissed by the magistrates, which is in itselfi'cbhslaht source of comment from Crown court judges, who cornplalnthat often the prosecution case is so Weak that it should have been throWn out at the magistrates' court rather than being allowed to clutter up the crowded Crown Court lists. Statement 3: "'Statistical studies indicate that except for sex offenses in which the lay magistrates tend to convict more readily than a jury, one's chances of being acquitted are neither increased or decreased by accepting a trial before the lay magistrates." Comments (i) There have been no reliable statistical studies on this issue. Professor Cavanaugh was probably referring to a recent simplistic comparison of acquittal rates in the different courts. This comparison has been roundly attacked in the legal press mainly on the ground that it fails to take into account differences between the types of cases heard by magistrates and those heard by juries. Most lawyers, for example will advise their clients to choose a magistrates' court trial only when there is no conflict between defense and police evidence and no legal complexities. Those cases which go before juries, therefore, are usually the less clear-cut and more controversial. (ii) Statistics apart, my experience and that of all the defense lawyers I know is that lay magistrates will always believe police evidence in preference to that of the defendant, that they and their clerks are likely to misunderstand and misinterpret points of law and that in general the magistrates' courts leanings are much less favorable to the defendant than jury trials. The preference for jury trials is also not difficult to understand if one realizes that there is no obligation on the prosecution to reveal its case before a magistrates' court hearing. The defense lawyer is therefore forced to work "blind." Statement 4: "The courts are composed of magistrates from all walks of life and all income levels." Comments (i) According to a study published last year, the majority of magistrates are from the executive and professional classes and are between 40 and 60 years old. Although lay magistrates are less continued on page five .... no'l - "" , < ' �Q - w equals Oor Method Madness My semi-annual post-exam diet has commenced. I have no real way of knowing, but a strong intuitive sense tells me that others have too. (It is probably the bulging stomachs and fat cheeks!) Obviously, I am not the only one who needs a bag of Oreos to study Tax, or who measures the quality of studying by the intake of carbohydrates. A strange mystical power overcomes the student at exam time, producing effects that are unknown in most student models during other times of the year. The average student model, even those equipped with remote-control homing devices, does not come with a cleaning component. However, at exam time, such a component is unnecessary, as the student will do anything to forestall the inevitable confrontation with notes and outlines. I have actually seen law students doing woodwork, the backs of cabinets, vacuuming both sides of rugs, not to mention closet-cleaning and the bathroom bowl come late December of May. But an even stranger phenom takes place when the student returns home after exam time. The vacation, as it is called, may provide some R and R, as it is called in the trade; however, it produces mostly awkward and unanswerable questions from the hometown crowd: H.C (hometown crowd): "Hey, so how was your first year in law school?" L.S. (law student): "As compared to what?" H.C: "Did you get good grades?" L.S.: "Don't know. Won't find out until mid-April." H.C.: "Sorry I asked." But the return to school is even more painful. Those first-year students who haven't learned yet, start visiting the law school around the first of January. They find an empty bulletin board. They return day after day until school starts, and still an empty board stares at them. Frustration grows, and graffiti in the bathrooms mounts. The universe is centered on the third floor, as lines of anxiety prone law students are seen wandering purposelessly; as Professor Mann would if the Due Process clause had never been written. When grades finally are posted, there is another even stranger ritual. It is known as the "first H." It has been said that some never know the ritual of the H, yet I find that difficult to believe. As with infinite monkeys and typewriters, there is always one professor within this law school foolish enough to believe that you deserve an H. As one well acquainted with the Q, its awkward little slash preventing it from attaining its true grace as a skewed O, a special sort of anxiety lurks when H's or D's are spotted patrolling the area near your social security number. First there is the operation known as the "casual glance." A quick look at all sheets of the grading list to see upon which page most of the I D E W O R Lv D OF T O R T S H's and D's fall. If one page contains all Q's, the student will first look for his/her social security number. If not so clear cut, the student then turns to the page with the most H's (paranoid students disregard this direction and proceed to the page with the most D's except those in Al Katz's course, who shouldn't look at grades at all.) The student now uses a famous procedure known as the "finger-line." Unknown of common law, the finger-line was introduced at UB Law School by Ralph J. Stairsteps, pictured right. Finding the social security number, the student tries to trace a line from his/her number to the appropriate grade. This operation is generally repeated in the neighborhood of ten times before the student is totally sure that he/she is still wrong. This is particularly true if they find an H (unless they are in Mr. Kochery's class, or got on the waiting list at Cornell). The truly incredible facet of this technique is that it is done at all. Even third year students, after five semesters, still try to find their grade by the finger-line method. And they, too, after the tenth time, then proceed to the final informal method: "The Count." (Note: if during the finger-line method, Q's appear on all sides of the grade thought to be the correct grade, the student need not proceed to the count method.) The student now counts the social security numbers from the top of the page until reaching their respective slot. Then down the side with the grades. This is repeated (6x). Then starting from the bottom of the list, the student counts upward on both sides (4x). Although many believe this to be the final maneuver, this writer knows of many who are still unsatisfied. Until they see their exam with the grade beautifully engraved in blue, they do not believe the bulletin - board. The student who ventures up to read their exam is generally surprised. On the exam, strange checks, arrows, and question marks are recorded. Sometimes point scores may be decipherable. Yet little or no sense can be obtained from seeing the bluebook. Its only purpose is to satisfy, once and for all, that feeling that the grade you got is the grade you got. SCATE-ing on Thin Ice . Rule 1 "Future Plans" offers from right-wing reactionaries who do not believe in income tax). The remaining 45_96 will be traumatized by their indictments, Never check the public service box. stigmatized in the eyes of the community, but not lucky enough to be Exception: Legal Clinic When a person needlessly checks the public service box, two martyred by conviction and will end his career disbarred and reactions are triggered in the Faculty Evaluation Computer reluctantly selling Pacific Reporters to Law Libraries throughout the Entertainment System. The first automatically discounts the input of nation. the individual; the second notifies Federal Authorities that a dangerous Rule 4 "When to Complete Scate Form" person, albeit one of those burnt out flower children of the 60's, Although these forms are handed out in the last class, never fill out attends this Law School. (It is also rumored that any Law School the form at this time. It is imperative that you pretend to do this, but which records a certain percentage of "public service" students must do not hand in your form at this time. Wait! Never fill out yourform fire its Admissions Committee immediately or lose all federal and state until the exam. The exam tells you more about the professor than any aid.) class day. Cross out penetrating in extreme cases and write in sadistic. Rule 2 "Future Plans" Scate forms may also be used as subtle persuasion. It is mid-February and you're still waiting for a grade? Saunter up to the It is not wrong to check Teaching. fourth or fifth floor and causally say, "Gee Professor insert own name, Exception: Legal Clinic Many professors believe that students who aspire to teach do so I forgot to fill my scate form out during the semester. Will your grades only because they are incompetent to become practicing lawyers! be up soon?" (Read two times and then disregard.) Due to this belief, they disregard Rule 5 "Sadist or Masochist" Many people sole enjoyment of Scate forms is that they cut fifteen any feedback from these students. After all, they are much more concerned with teaching mainstreamers how to succeed in that Jungle or twenty minutes from classtime. Such an attitude is defeatist. Group out there. efforts can derive endless, and, sometimes, unforeseen "benefits" in filling out SCATE Forms. Much can be accomplished by a conspiracy Rule 3 "Future Plans" Do not check Private Practice. of sixty, if a carefully drawn scheme is constructed. No Exceptions! An example. Two years ago, the entire Family Law Class of a Persons who check private practice are labelled as typical professor who shall remain unnamed, conspired to check the box money-grubbing backstabbers whose only concern is receiving honors Reading Load Too Light. Every single one checked that box, furthest grades in the easiest manner possible. They are unreliable assessors of a to the right. Likewise, they all checked Course Undemanding, and Less teacher's skills due to their aberrational goals; and are therefore also Work Than Even Perspectives On The Criminal Process. The professor was so shocked that the following year, his/her disregarded. Computers send the names of these people to the IRS. In students were forced to read the entire collection of baby-waving ten years, their tax returns will automatically be selected for audit, and upwards of s%'will be indicted for tax evasion. One-halfof 1%of this paternity cases collected in Chaplin's After a Goldrush. Those who disagree with this tack can always initiate a reverse group will get a chance to become really wealthy when they are sent to scate, thereby lightening the load of those that follow. prison for this crime. (Writing memoirs and receiving great non-law job by John Simpson Ralph J. Stairsteps, now on permanent leave, demonstrating the 'finger-line' method. FGFDGGRDTFDGFD February 9,1978 opinion 3 �Book Review Economic Analysis of Law by Mike Buckets Richard Posner, Professor of Law at the University of Chicago, has updated his earlier edition of Economic Analysis of Law. Published in November of 1977 by Little, Brown and Company of Boston, this second edition with 572 pages spanning 28 chapters explores the interrelationships of law and economics. Posner states in his second preface that it is not his purpose to "survey the law," but rather, as he sees it, "to suggest some problems in [various fields] which economic analysis illuminates." Posner had premised his first edition on the idea that such a text could be used "either as a textbook in a law school course in economic analysis of law or as supplementary reading for law students who are interested in finding out what economics may have to add to their understanding of the legal process." Economic Analysis of Law starts, logically enough, with a brief two-chapter overview of some of the general concepts familiar to students of introductory micro-economics. Commendably, he avoids unnecessary detail and pointless display of economists' jargon. In subsequent chapters he deals analytically with discrete areas of adjective law. Chapter 3, "Property," for example, deals with, among other topics, incompatible uses of adjacent property. Posner invents a hypothetical of a railroad owner whose spark-emitting locomotive passes near a farmer's field. He then assesses analytically the rights, expectations and probable course of action of both parties given various "cost" and "benefit" data. He carries through with the same type of logic and clarity in considering holders of sufficient interests in the same property, e.g., life tenant and remainderman. Chapter 4, "Contract Rights and Remedies," proves to be a thought-provoking 35 page discussion of such contract classics as consideration, reliance, unconscionability and damages. Suggesting a modern-day equivalent of the Hadley v. Baxendale foreseeability issue, Posner loads the consequential damages scale with transportation costs of a commercial photographer who buys film for a Himalayan trip that flounders when the film fails. Posner's insights into risk-shifting, and consequently setting of price terms for contracts, seems well-reasoned. Yet, at times his dogged economic adherence to the belief that efficiency and rational behavior are the twin motors of the commercial machine, undercuts his otherwise prescient analysis. Thus, he asserts that: "If a rule of contract law is inefficient, whatever its noneconomic merits, the parties will simply contract around it; if forbidden to do so, there will be a price adjustment. Thus, if the holder in due course doctrine is abolished, the price of consumer credit wiM rise to compensate installment sellers for the higher costs of operating without the benefit of such a doctrine." by assuming, without proving that the holder in due course doctrine is a necessary as accoutrement of installment credit opposed to the equally plausible notion that such a doctrine represents just one more feature of the typical adhesion contract he concludes that, axiomatically, removal of the "crutch" must be paid for by consumers. This example highlights issues that perplex and baffle even experienced economists. By positing solely economic (as opposed to plausibly, at least, historical — — or even shyster-lawyering) reasons for the doctrine, he restricts his analysis to only positive economic discussion of costs. Thus, he ignores the normative question of whether the doctrine can be justified on any ground. Similarly, in later chapters, Posner focuses almost myopically on dollars and cents answers to questions embracing far more fundamental and indeed immeasurable human values. Thus, his discussion of "sale" of human babies misses the crux of the issue. Similarly, his efforts at economic analysis of society's perceived sexual values is absurd. At page 117, he contends: — — "Laws forbidding homosexuality may be seen as a response to a social demandfor a reduCtfoTTih the rate ofpopulation growth Surely he is at least out of date on that point, if not clearly wrong. Where is his Can such a matter be so simplistically recognition of the changed federal law? reduced to mere desired aggregates of Why didn't he notice 16 CFR 433 or 40 population? However, to point to such pitfalls'in Fed. Reg. 53506 (1975)? It seems beyond doubt that, in fact, consumer credit costs Posner's text without at the same time have not risen as postulated (indeed, in highlighting some of his significant part they are limited by state laws). Thus, achievements would be a disservice to prospective readers of Economic Analysis ofLaw. His i treatment of economics and torts, for example, is superb. He has applied rigorous logic to such standard tort concepts as assumptions of risk, rescue duty, contributory negligence and comparative negligence. — Even if you disagree as this reviewer with some of the policy does assumptions underlying Learned Hand's U.S. v. Carroll Towing Co. analysis of loss prevention, you will nevertheless be enlightened about how courts reason with the formula. Subsequent chapters, on taxation and " distributive justice, among others, do raise and focus significant issues along the economic theme that pervades Posner's discussion of law. Because of the very nature of its ambitious breadth of coverage, this text probably lacks the depth one would require before using it as the core of an economics and law course. However, that shortcoming is more than balanced in another respect; indeed, Posner's text commends itself highly as a collateral text for such courses as Contracts, Torts, Property and Tax. This reviewer is forced to agree with the logical style of presentation and conclude that by framing thought-provoking questions on numerous planes of law, this book has made a noteworthy accomplishment. Posner is exactly on point when he says that such a text "forces the reader to confront economics not as a body of abstract theory but as a practical tool of analysis." By creating a new awareness of a much-neglected field, Posner has broadened the perspectives of his readers. Read the book. — Out of the Garden and into the Hoosegow by Thomas Saitta A while ago I read in a newspaper of a man receiving over 3,000 years in consecutive sentences for one crime. Thinking this a misprint, I quickly checked to make sure I wasn't reading the Courier-Express. To the defendant's misfortune and my credit, it wasn't the Courier-Express and the story was correct. Notwithstanding, the problems of the 4th estate, 3,000 years judgment is either the longest sentence ever given, or from an Alabama court. Whether the sentence was set in Alabama or Buffalo (add ten years if sentence must be served in Buffalo) it's a stiff sentence. What could the defendant have possibly done to deserve such a sentence? After all, James Earl Ray got off with life, Al Capone 20-30 years, Ehrlichman under two years and Nixon $60,000 dollars a year. Is there no justice? 3,000 years is long enough for more than 40 life times. (Or to get through half of Moore's.) Then again, he'll probably just be paroled and out on the streets in sixty years; bleeding heart courts. This sentence, however, is only in terms of years of incarceration. There may be harsher sentences though not as long. Death for instance is cruel but quick. There's also exile, self-criticism, public humiliation, mutilation, term life insurance what's and hard labor. Hard labor inherent in work that makes it punishment? After all, we all work. Wages of course. What separates prisoners from workers is that they are paid the value of their output- Of course, this would make the Modesto Valley and Gallo vineyards the largest penitentiary in the world. But according to the Biblical - 4 opinion february 9,1978 interpretation of work, expulsion from the approaching original sin. (But let's leave Garden of Eden and the need to UB out of this!) So it would appear that henceforth work to survive is punishment restraint and reform are not the goals of for original sin. Not only was this this punishment. What about deterrance? I think not. punishment for life, but it was passed on to all descendents of the defendants (talk Whom would this sort of sentence deter. It about abandoning Mens Real). This would might stop people from eating apples in surely seem to qualify as a Book of the Eden, but it sure as hell ain't gonna stop Month Club selection for the stiffest Love's old sweet song. A minor problem is sentence ever given. One might disagree, reached as the punishment follows Adam pointing to the mass death of the great and Eve's descendants, and people are deluge as a harsher sentence. But this already being punished for something they would require one to believe in Noah and did not do. Thus, there's no reason to the Ark, which is about as plausible as refrain from original sin. (Bentham would Griffin Belt as a Freedom Rider. It might do us welt to inquire as to why such a severe penalty was given to Adam and Eve. As we've all been taught, told, and tutored, you cannot punish on whim or caprice, but solely for logical reasons. Immediately to mind comes the most famous foursome since Heaven, Hell, Limbo, and Purgatory reform, restraint, retribution and deterrance. The question now becomes which of these four goals would expulsion from Eden accomplish. The first two choices, reform and restraint, look dubious. Any method to restrain further original sin or reform people not to commit it seems extremely difficult (historically one can turn to Jefferson's failure in enforcing the non-intercourse act). The whole idea of sending Adam and Eve out of the Garden alone seems counter-productive. Perhaps by forcing them to work to survive, it was felt that Adam and Eve would be too busy for original sin. But as it is written "the sun gotta go down sometime." Unless, of course, they were to be exiled to a place so dismal, so antithetical to all human emotion that it would in and of itself discourage any tenderness or relations even - turn over in his grave) and the punishment has no deterrance value. The final choice is retribution. If so, judging from the severity of the sentence, God must have really been miffed about the whole incident. Could you imagine if he wrote an opinion on his decision? I could picture it now with little brackets every other line saying.[CD] Chief Diety. Who would dissent from God? Not even Douglas. But then again, God would probably just concur and let Cardozo write r the opinion. — INCOMPLETES The following professors would get F's for punctuality if the grade deadline were enforced at the Law School. At noon on February 8, nearly three weeks after the unofficial deadline, grades for the following 14 non-seminar courses were still not posted.. (Twenty-three such grades had been posted.) BELL BREGER GREINER JOYCE JOYCE KOCHERY KOCHERY Torts Civ. Pro. Fed. Tax I Fed. Tax I Grat. Trans. Civ. Pro. II Labor Law McCARTY MANN MUGEL SCHAPIRO SCHLEGEL SPANOGLE SPANOGLE Contracts Con. Uw if ' SbJnE Future Interests Corporations ' Comm. Trans. I Comm. Trans. I Consumer Protection See story, page 7 �NY Bar Studies Advertising Contracts by Bike Muskets j JOE'S Jl In the aftermath of the United States Supreme Court's decision allowing attorney advertising, the attention of the legal profession has focused on the bar's delivery of legal services to the public (See Bates v. State Bar of Arizona, 53 L.Ed.2d 810 [1977]; see also Opinion, Vol. 18, No. 2, pp. 4-5, October 6,1977). According to Quayle, Plesser and Company's "Law Poll" (a new-feature for the American Bar Association Journal, commencing with the November issue), 71% of $ the 602 attorneys polled cited advertising and related aspects of the professional relationship with the public as the most pressing of current issues facing lawyers, 42% of those polled listed advertising as their top personal concern. ** | , DISCOUNT ATTORNEY SERVICE This Week's Special: WRONGFUL DEATH ACTIONS NOT $2,500 NOT $2,000 ] | * $ I | Proposed Changes to Code of Professional Responsibility The,currently applicable section of New York's Code of Professional Responsibility, Disciplinary Rule 2-101 (B), ONLY is identical to the provision in theArizona Code which the Supreme Court declared unconstitutional in Bates. also: To formulate an official response to Bates, the New York State Bar Association empowered its "Action Unit for the $ No. 3 (Legal Services)" to study the situation.The Action Unit's mandate was to submit proposed resolutions, $ (uncontested) price Of 1 including amendments to the Code of Professional Responsibility to implement those changes. The Action Unit met on numerous occasions from public offices, publications and foreign language ability. July through October, under the, chairpersonship of Other information to apprise the prospective client of the Anthony R. Palermo of Rochester. On October 10, 1977 services of the practitioner or firm would include prices for the Action, Unit presented its 48-page report to the Bar basic services, and participation, if any, in prepaid group Association. In addition, the committee authored a legal services' programs. Office hours could be publicized, 26-page compilation of "Recommended Changes" to the as could any fees for initial consultation. If credit cards or CPR. other credit arrangements are accepted, the ads may so According to Henry J. Smith, New York State Bar indicate. If the services advertised are' subject to a Association President, the proposed change to the CPR contingent fee, then the statement ofrates must specify if "provides the means with which to regulate such the percentages are calculated before or after the advertising in the public interest." New York State Bar deduction of costs. By advertising fees, the lawyer is bound for at least 30 News, Vol. 19, No. 7, November 1977, Page 1, Col. 2. The Report of Action Unit Number 3 recommended days to adhere to the advertised price. DR 2-101 (E). that old Section DR 2-101 (B) be repealed. In its place The Action Unit also proposed amendments to the would be new provisions allowing attorneys to publish Ethical Code section of the CPR. Noting that only the "extensive biographical, fee and non-fee data relevant to Disciplinary Rules portion of the CPR was actually the informed selection of counsel." Report at p. 17. incorporated into the New York State Court Rules, the The proposed. regulations place no stciciures on •committee recommended some repeal of the Ethical Code printed media advertising, save for the limiting phrase that (to eliminate redundancy) as well as some re-labelling of it be in a "dignified manner." DR 2-101 (B). Also, the ads Ethical Code sections as Disciplinary Rules. Report, at are subject to a prohibition on claims which are "false, 17-18. fraudulent, misleading, deceptive, or professionally The major proposed changes to the Ethical Codes self-laudatory, or which cannot be measured or verified, or were to Canon 2, which is entitled "A Lawyer Should which contains a representation of quality of service." DR Assist the Legal Profession in Fulfilling its Duty to Make 2-101 (A). Legal Counsel Available." In particular, EC 2-7 was The items which may be permissibly advertised would expanded. Added was the assertion that "lack of include basic biographical data of lawyers (name, law firm, information about the availability of lawyers, the education, admission to the bar), area of specialization, qualifications of particular lawyers, the areas of law in | | $1,999.99 | Div0rce5..........3 * , Lay Magistrates ... Faculty Meeting J | J which lawyers accept representation and the cost of legal services impede the informed selection of lawyers." Recommended Changes, page 2. Similarly, EC 2-10 was modified by the addition of this statement: "A lawyer should ensure that the information contained in any advertising which the lawyer publishes, broadcasts or causes to be published is relevant, is disseminated in an objective and understandablefashion and would facilitate the prospective client's ability to select a lawyer." Id., at 3-4. The revised Disciplinary Rules continue the ban on personally accepting employment in response to unsolicited advice to others to obtain legal counsel, except in the case of a close friend or relative. DR 2-104 (A)(1). Currently, no provisions allow for utilization of electronic media to advertise. If the new plan is adopted by the Appellate Division, then radio ads would be permissible; however, tape recorded copies of any radio "spots" would have to be kept for at least one year after airing the ad. DR 2-101(C). TV commercials would not be allowed. The Committee recognized the difficulties of regulating television advertising. The Committee's Report asks the question: "[W]ho will be responsible for policing claims of fraud and misrepresentation!?] Will the Federal Trade Commission or some other federal body supplant the jurisdiction of the state enforcement agency?" Report, at 20. The proposed changes in the Code were approved by the Bar Association's House of Delegates at a meeting on November 5. The new guidelines cannot be implemented, however, until approval is extended by the Appellate Division's CoordinatingCommittee on Lawyer Advertising. That committee includes Justices Silverman and Steuer (Ist Dept), Mollen (2d Dept), Sweeney (3d Dept.) and Simons (4th Dept). Also members of the committee are four lawyers, including John Stenger of Buffalo. Justice Simons has been designated as chair of the committee. The New York State Bar is not the only professional group working on revising rules on attorney advertising. In December of 1977, the American Bar Association, under the presidency of William B. Spann, Jr., empaneled a seven-member committee to explore the issue of advertising legal services. Significantly, the ABA committee is not limited to lawyers. It includes David Link, the Dean of Notre Dame Law School, as well as a representative of a large Chicago advertising agency. Also on the committee are Sandra DeMent, executive director of the National Resource Center for Consumers of Legal Services, and Truman Eustis, senior corporate counsel for the New York Times Co. The ABA committee was given a mandate to "intensively study" whether bar associations should use institutional advertising for lawyers. Some results or conclusions are expected from both the NYSBA and ABA initiatives within several months. . .. continued frompage one consumed a great deal of they ffoin two page continued that perhaps it would be best to should have graduated cum laude. time." joint dealong club there are still few without an addiHe was enrolled the in very of an exclusive manual struggle than in the past, The cum laude designation is workers on the bench and almost no representatives from the black or tional faculty member. The major- gree program between the Law Asian communities. (ii) The magistrates' court system makes no concessions whatsoever to democratic principles. The magistrates are selected, not elected, and the selection is made from lists submitted by (guess who?) existing magistrates. It is, in other words, an elitest, self-perpetuating system. Whatever may have been Professor Cavanaugh's intentions, it appears that the Opinion reporter and probably other members of her audience received a somewhat idealized version of the operation of magistrates' courts in England. This is always the danger of presenting to art uncritical audience a speaker who clearly has a vested interest in promoting the system he,or she is describing. Anyone who has taken the trouble however, to read, any of the recent studies on English magistrates' courts or who have visted these courts to see for himself how-they operate will realize that things are not quite as rosy as Professor Cavanaugh seems to have depicted them. Finally, I should mention that I offered to debate publicaily with Professor Cavanaugh during her stay at Buffalo die advantages and disadvantages of the magistrates' court system. This offer she chose to decline. ■ tttmei,tn wure Michael King, Associate Visiting enoii Professor , ' Get Your Act Together First rehearsal for "LAW REVUE" Wednesday, Feb. 15, 7.00pm Meet in Ist Floor Lounge ity doubted the teaching ability of School and the School of ManageAxelrod. Would it be best to conment. He graduated with eleven tinue another year without an adH's and twelve Q's (including two ditional Criminal Law Professor? H*'s). Finally, a vote was taken to The following quote from "recommit the recommendation Field's petition gives some of his back to the Admissions Commit- reasons for the appeal. "The mere fact that I was in tee." The final decision as to the hiring of Robert Axelrod has been the joint degree program should left to the Appointments Commit- have been considered when looking at my marks. Being in the tee. Paul Spiegelman was recom- joint degree program required tamended as a prospective Civil Pro- king on a greater course load than cedure professor. Among his re- the average law student. Since the commendors is Prof. Herbert management courses were located Weschsler, who speaks of on the Main Street Campus valuSpiegelman's legal ability in the able study time was taken up highest terms. Other comments re- shuttling back and forth between garding him were: "He has an ea- the two campuses. Unlike law gerness, not just a willingness to school courses, which generally teach in the area of Civil Proce- have one exam, the management dure," "He represents one of the courses had exams several times a lowest risks a better bet for semester which required greater high scholarly achievement." The concentration on those subjects. vote was unanimous to offer Many of the management courses had written assignments for every Spiegelman a position. class as well, in addition to the 1977 Field, Scott a JanArthur reading assignments. While many uary graduate petitioned the faculty for a hearing on his J.D. de- of these writing assignments were gree. Field contends that he strictly perfunctory exercises, ... bestowed on graduates in a purely mechanical manner. It is awarded to those people who receive 50 percent or more H grades and does not include classes taken as part of a joint degree. No extra credit is given for Honors with distinction. Boyer commented, "We see no reason to re-examine the ru.e," before commencing the vote on the petition. The vote was decidedly against Field. The meeting adjourned after Bob Reis deferred his report on the Sea Grant, since the meeting had already been quite lengthy. RESUMES COVER LETTERS REPORTS BRIEFS ALL INDIVIDUALLY TYPED ACCU-TYPE 47 CHRISTINE DRIVE I off Sweet Horn. Road) February 9,1978 691-7480 opinion 5 �BITCH TICKETS 7.11/28/77 COMPLAINT: I would like to know why there is such a hassle in getting change for the xerox machine. The new policy of rationed and regulated disbursement of change seems both asinine and unreasonable. It's bad enough to be hassled with other bureaucracies but over such a trivial matter as this is ridiculous. There can be no valid excuse for this!!!! RESPONSE: Unfortunately, this is not a trivial matter. Change was provided as a service for those using the copy machine to copy law library materials. The abuse of the service by those needing change for the food machines made it impossible to continue as before. A very substantial amount of staff time is taken in getting, sorting and distributing change. The record indicated a significant amount was NOT being used for the copy machine even though, when asked, all those requesting change said yes, for the xerox. If you are being "hassled," it is because of those who abuse the service. The Law Library has no obligation to underwrite the food service. Complain to Food Service or someone else. We cannot justify expenditures from the library budget for this purpose. Time of staff is money. Indeed, the cost to the Law Library to provide the change for copy machines must be carefully reviewed. If staff time is used for that function, something else will not get done. — & 11/28/77 COMPLAINT: New attitude about change Was told I would have to bring the work I wanted with me to be xeroxed next time, asked why I wanted change, etc. Students have to have change to xerox and should not be given the third degree. We have no other source of change and have to rely on the library. If this presents such a problem for staff, some alternative, should be devised that will minimize this unnecessary hostility! RESPONSE: Please see theBitch Ticket immediately prior to this one for your response. - 9.11/28/77 Complaint: I am complaining because when I went to what is supposedly the "law" library, which I assumed wouldbe for law students, on the night of November 14th, I couldn't find two seats together anywhere because the library was overrun with non-law students. I have already heard all the talk about this being a state library open to all but if it is going to be called a "law library," it should be for the study of "law" only. I also find that with all the noise they make, even if you find a seat, the library is worthless since you can't study in it As it is, I find the "law" library a completely wasted facility of the law school, since it is kept from the use of people studying law by overcrowding from non-law people, too much noise from non-law people, and the general wreckage of the library by non-law people. RESPONSE: This is a common complaint to which the library responded in the very first Bitch Ticket. We do expect the problem of overcrowding to be alleviated when the UGL moves to Capen over intersession. Measures will be taken at that time to encourage those persons not needing legal materials to use other libraries. — 10. COMPLAINT: Xerox machines NEVER work. Fix please. RESPONSE: The problem of the xerox machines was dealt with in Bitch Ticket number 4. The machines are old and overworked. When they break down, a call is immediately placed for a service person to come to the rescue. The Library staff are very conscientious in this regard. Prof. Newhouse has promised to review the entire complex situationand has promised results by February 1,1978. Until then, please stand in line with the rest of us! 11. COMPLAINT: It is beyond me how LAW students could find it legitimate to bitch about us undergraduates. Their problem is more likely their workload, and not the people who share these facilities. "If it's noise they are complaining about, then no one would contest the fact that most of it comes from right outside the library doors where mostly law students congregate. Do us a favor and either move those benches, or have signs asking for quieter conversations. Their noise there is a constant bother to us balcony-goers who are mostly undergrads. Now who is being inconsiderate to whom? And if they want a library all to themselves, then why not just give them the entire building, and then all of Amherst. They're just pissed that they didn't make Harvard!!! Quite a sincere student. (P.S. 7th floor is freezing!) RESPONSE: The Law Library is intended for those — — — 6 opinion february 9, 1978 persons studying law or requiring the use of legal materials. All other persons will be expected to make use of the Undergraduate Library when it moves to Capen Hall over intersession. The problem of noise from persons congregating outside v the library stems from the fact that the doors must remain open. These doors, which were installed improperly, are a fire hazard when closed because they open in the wrong direction. One of them also has no spring and slams shut causing more nuisance than persons who congregate outside. For four years we have been trying to have the doors corrected. We have been informed that construction funds have been allocated for their repair along with other repair on campus a target date being next spring. To alleviate the present situation, the benches outside the library have been moved across and down the hallway. In re the temperature problem on the seventh floor, please see Bitch Ticket number 5. Quite a sincere librarian — — — 12.11/30/77 COMPLAINT: Why is it that McKinney's, W.K.M., C.L_». and other often-usedservices are available only on reserve? There are times when the user is unsure about which volume(s) to use and the resulting repeated requests for one volume, then another, etc., while not a serious disruption, is something of an inconvenience. RESPONSE: You have answered your own complaint that is, that these materials ARE often used. The reserve collection is geared to making high use materials available to the most students possible. In addition to equity, we are concerned with loss of primary source materials. Keeping them on reserve means keeping control means maintaining complete up-to-date — sets. Setting aside a limited use area where users would have free access involves problems of space, mis-shelving, and LACK of shelving. The latter two would result in less efficient user access. The indexes to the major sets: McKinney's, C.L.S., N.Y.Jur., and Bender's forms are available at the Circulation Desk counter. Using the indexes will help locate the proper volumes. 13.12/1/77 me. Are these economics books for law students also? Also, the benches are where they were yesterday, so your reply doesn't make too much sense.. The noise does not come from the doors (for they are but inanimate objects) just as "undergrad" noise doesn't eminate from the locked doors of the new UGL and Lockwood. Face it, law students are no different from undergrads: they can be just as noisy and inconsiderate as the next guy. The only difference is that they use bigger words. As concerned as before RESPONSE: The Economics collection is being housed temporarily in the Law Library until Lockwood Library moves out in May 1978. This collection is obviously meant for Economics students or any person requiring the use of economics materials. The benches WERE moved at 3:30 PM on Wednesday, November 30th by a member of the Circulation Staff. Whether students or maintenance staff replaced them is another question. The benches will be moved again today, December 1, and maintenance Will be notified of the - change. Our last reply did NOT say that the doors themselves caused the noise but rather the obvious fact that the doors must remain open. May you enjoy the new UGL when it opens in Capen. - 21.12/16/77 COMPLAINT: If this is the ticket, where's the bitch who comes with it? RESPONSE: The Random House Dictionary of American Language describes "bitch" as: 1) a female dog; 2) a female of canines generally; 3) SLANG: a. a malicious, unpleasant, selfish woman, esp. one who stops at nothing to reach her goal, b. a lewd woman; 4) SLANG: a. a complaint, b. anything difficult or unpleasant; 5) SLANG: to complain, gripe; 6) SLANG: to spoil, bungle. Since you used the relative pronoun "who" which relates to persons, I assume you refer to definition number three. This, however, is an incorrect reference because our Bitch Ticketsrefer to definition number four. 23.12/19/77 COMPLAINT: The new sign on the xerox room is pretty funny. At a nickel a shot, I doubt if you'll stop undergraduates from using the facilities and that makes me happy. Take the stupid sign down. UGL will be open soon and no doubt xeroxing will not be done so heavily here. Till then the sign serves little purpose. If I'm here with my "original" and my nickel, what are the chances I'M run to Ellicott because of the signs? That sign and the "OUT OF ORDER" sign" did flic trick' -how' I "rTAV'-togo to Ellicott, so take the first down and keep the second it works. RESPONSE: The sign is there to advertise a policy of the Law Library. In the event an abuse of this service is brought to out attention, the library will have a basis for recourse. - COMPLAINT: Re: Bitch Ticket number 7 May I suggest that you check out the possibility of installing a dollar bill changer somewhere (e.g., the snack machine area) where space permits and where the noise will not intrude? RESPONSE: The possibility of a dollar bill changer was an obvious answer the library considered long, long ago. We would like nothing better, but the university office who must approve such a move, Vending Services, has absolutely refused for "security reasons." Perhaps if loud 24.12/20/77 outcries from the university community were heard, we COMPLAINT: What will be the basis for recourse? (Refers could be successful in obtaining one. to previous bitch). P.S. The ventilation in here is lousy! RESPONSE: Can't you read??? The sign limiting copying 14.12/1/77 to law related materials is notification of library policy. COMPLAINT: What can be done about the lighting levels Notification is the basis for recourse. in the library? I challenge you to try to read the fine print The ventilation problem is related to the heating/cooling in the dictionaries on the third floor. The same goes for system and not under our control. See Bitch Ticket the notices posted on the upperclass bulletin board outside Number 5. the library. At night, I can barely make out the bold print' in those areas, and I have 20-20 vision. (I'd like to see spot 25.12/20/77 lighting strategically placed to eliminate these problems.) COMPLAINT: If it is recourse, then let me suggest one Along the same lines, the light bulbs in die library place armed students at the door, with the right to shoot stairwells are left burned out for months at a time. I'dlike those whom [sic] "abuse" the xerox machine. to see them replaced as they burn out to reduce the The only recourse I can think of is to rescind the SBA likelihood of an injury. subsidy, but that would be stupid since SBA wants the RESPONSE: Lighting in the Law Library is a grave subsidy. So why the hell do you want to limit xeroxing to problem. Staff also suffer. The problem goes back to the law material? y architect who obviously never had to work in the building P.S. Why don't you just limit the machine to smart people he designed. The problem is intensified by the state's panic then no one at this place would abuse it —or even use and defensive behavior when it sees requests for renovation ft in new state buildings, particularly when such a RESPONSE: The SBA does NOT subsidize the copy controversial campus as this is involved. The renovation in machines no one does. We do not even see the profits so the A-V Department took two years to be approved. we are not about to maintain machines for copying All we can do is replace bulbs as they burn out and ask non-lawmaterials. library users to please inform us when this occurs. Would you also believe that the high intensity bulbs required for 30.1/28/78 most of the lights in the library have to be specially COMPLAINT: Third floor xerox machine. The machine ordered from the company as they burn out? As a result, smells smokey. I can't believe that I've been told to write many of the bulbs must be replaced temporarily with my complaint out without feeling guilty, etc. When lower watt bulbs. there's smoke upstairs. Do you realty believe that this is the quickest way to be certain that there is no fire in the 15.12/1/77 library? COMPLAINT: Oh come off it! The law library may house RESPONSE: The third floor copy room smells smokey law books but it belongs to us all no matter what you because of the numerous fires that have occurred in the say. Grant it [sic] most of us undergrads will go elsewhere xerox machine. The machine was checked shortly after when the other libraries open, so you'll probably get what you reported smelling smoke and seemed okay. The you want. machine is old, and a close watch is kept on it. Remember, there are also economics books here, and what IS and LM curves have to do with jurisprudence is beyond - — ... — - — �Many Final Grades Still Unposted by Tim Cashmore although he said he expected to have his grades in by the week of the February 6. "I usually grade The lines around third-floor bulletin board may be getting smaller, but they're also getting more frustrated. On the.first day of February nearly two weeks after the law school's unofficial grade deadline only about half of the school's non-seminar course grades were — - posted. Although first-year grades are usually the first up, section one students this year were still waiting on February 8 for three of their four grades. Some upperclass students had received none. Although some say this year's grades are no later than usual, they do seem to be generating a great deal of controversy. Some Student Bar Association members have suggested bringing a petition before the Academic Planning and Policy Committee, urging sanctions against professors who fail to meet the grade deadline. The unofficial deadline, which - was decided' orr- by ■ a faculty cotnfrtlweßpls'fourrweeks'after thelast/final exam. That was January 20. Compliance with that deadline, though, has never been complete, and this year, according to Assistant Dean William Greiner, it seems worse than ever. "I don't know why it's taking so long," said Greiner. "It's an aberration this semester." Greiner confessed that he was one of the errant professors, !lj , ug '■: I «>J c3;-iti..:j 3VAH I Ifjj exams in the week between Christmas and New Year's," he explained, "but this year I had to give a presentation in Atlanta that week. Then I had to organize the research and writing program." While Greiner thinks this year's late grades are unusual, Registrar Charles Wallin does not. "There are no more than last year," he said. "Every year this happens!" Greiner sees the problem as an "annoyance issue" the primary reason for the furor, he thinks, is that the students simply are curious about their grades. Many students, though, believe it is more serious than that. If a first-year student did exceptionally badly, for instance, his grades might help him to decide whether to stick out the semester. People looking for summer and permanent jobs might find that each passing day without a transcript makes that task more difficult. ;.'i|.fr-. someone failed a fall semester course, an unduly delayed grade could make that person miss the deadline for adding the same course this One suggestion floating around was to withhold paychecks until grades are in, but that remedy seems drastic at best and illegal at worst. — — semester. One administrator indicated that student protest might be more effective than anything else. "If a group of students marched into the Dean's office, that would show how important they think this is," he said. Greiner did not feel that professors have a "cavalier attitude" about grades generally, he thinks grades are a "high priority." But he and Wallin both noted that, just as there are some professors who always finish grading early, there are others some kind of sanction," said who are inevitably late. "Some of them," said an Greiner, although he was unable to suggest any which would be administrator, 'will not break their humps." both effective and legal. provides almost the only external motivation for getting tests graded. "It would be nice if there was Client Counseling Competition Set for March 4 The Client Counseling Competition will be conducted at the Law School on the evening of February 21. At that time, two students will be selected to represent the Law School at the regional competition on March 4. If successful at the regional level, the team will go to the National Competition in New York City on April 1. One cause of the late grades may be the lack of any sanctions This year's topic is the legal status of unmarrieds against professors who habitually living together. All students are invited to fail to meet the grade deadlines. participate. On February 10, interested students Peer pressure, according to most should pick up a copy of'the materials from Room administrators and professors, 507. There will be an eleven-day time period to study the materials and to do any additional research deemed necessary by the individual contestant. On the evening of the 21st, students will have thirty minutes to conduct an interview with a client. The student will then have fifteen minutes to prepare a presentation to a judge. This presentation may include a summary of the interview, your attitude, legal issues involved, research you feel may be necessary, and any other matters the student feels essential. Faculty advisor for the competition is Jerry Seipp. He can be found in the Clinic Office on the fifth floor. ;:!■;.,; won - A*\,t otH bib r. a ir. "HJUIItT •JMagflcT V»W * ? SMMUWWaW P WftrU* ft>l»ilT»iT^J«n'»JJ^^'>»»*»^»«»*»'T>^T*iT*^»»^»^^>********* BAR/BRI INFORMATION, SECOND YEAR STUDENTS SAVE $100.00 In ■■ - ENROLL NOW! THIRD YEAR STUDENTS f1 Senior Discount of 25% Ends MARCH 2nd ■ $50.00 Deposit sectireS reduced course price $75.00 Deposit secures reduced course price _ __ j ,_.!_SL_ 2 BAR/BRI Books „ rt $100.00 Deposit secures reduced course price PLUS Complete SET of BAR/BRI Outlines J 1 I I II 1 I I Second Year Reps: Susan Barbour Paula Dladla Marc Altonte Jason Pointer Sehlan Kathie Stuart Drumm Barbara Porzio Paul Suozzi George Colettis « 1978 Book Distribution Date: MARCH 2nd I I I I 1 J FREE LECTURES IRVING YOUNGER CPLR COURSE Begins Tues., Feb. 28 md Wed., Mar. Ist Room 107 - 7:OOPM Room 209 - 7:OOPM Tbe First Lecture Will Be Free Of Charge J $35.00 BAR/BRI Students Course (5 lectures): $75.00 others TO RECEIVE NEW BOOKS, OLD BOOKS MUST BE RETURNED! 1 Thinking of taking two Bar Exams SEE YOUR BAR/BRI REPS Intensive Review Course May Be Offered In Buffalo If Sufficient Student Interest. February 9, 1978 opinion 7 �Schwartz on Sportz NHL Penalties Defy Due Process Justice for Enforcer? by Michael Schwartz Kermit Washington's attack on Rudy Tomjanoyich cannot be defended. It was a mistake which everyone, including Kermit, readily by Bill Brooks admits. The punch should not have been thrown and one cannot question the fact that such violence has no place in basketball. After Ice-hockey is overwhelmingly popular in two months of condemnation, however, it is time to examine the fight, hopefully Buffalo. That's understandable -* it's the only the reaction to the fight and the underlying problem, putting everything into perspective. professional team in Buffalo. (Actually, Buffalo had Knicks.) The fight began when the Houston center, Kevin Kunnert, threw V/i, but the !4 is now playing for the city, some punches at Kermit Washington, the Los Angeles forward. In However, would hockey be so popular in this with are those who enthralled to floor. especially among the retaliation Kermit punched Kunnert, knocking him Lambert Needless to say, the basketball court was a mass of confusion. Kermit Jimmy Griffin's law and order stance (Mrs. lawless looked up and saw Rudy Tomjanovich of Houston running towards are you listening?) if everyone realized the but violence, supposed Not the game. Kermit nature of the defense, as an instinctive act of what he later described him. In and the disregard principles the for constitutional hit Tomjanovich, who crumpled to the floor seriously injured. pervades the The reaction of the league and the public was swift and quite antiquated criminal justice system that vocal. N.B.A. Commissioner Larry O'Brien imposed the most severe game. Ice-hockey ignores all due process principles. fine in league history. A $10,000 fine was levied in conjunction with a When someone is sent to the penalty box, is he given $50,000. of around long suspension, resulting in a total financial loss a trial to determine whether he is really guilty? Not named as a defendant a civil action in likely is to be addition Kermit In so much as a hearing, much less representation of basketball club. brought by Tomjanovich and the Houston noted in Powell v. The public outcry has been widespread and harsh. Tapes of the counsel. As Justice Curtis 278 U.S. 1932: Alabama, TV only sports not on network incident were played and replayed shows, but also during national news broadcasts. The fight was even hearing [are] basic elements of the the subject of an unfunny commentary by Garret Morris on NBC's notice and Saturday Night Live. Kermit has received a great deal of hate mail, constitutional requirement of dueprocess oflaw... the right to be heard would be, in many much of it racially motivated. The fight has reached the nightly comic [and] right pages by the vehicle of the "Tank McNamara" cartoon strip. The strip cases, oflittle avail If did not comprehend the by to be heard counsel. point, (see below) on of January 24 is particularly ' ... The fight has even had an impact here in the Buffalo University community. An article in the Reporter of January 26 described the views of UB Professor Herbert L. Foster, who has written a book on inner city children. Professor Foster believes that this fight, and others similar to it are the results of racial tension and survival techniques which must be learned to succeed in street corner life. He argues that the fights are caused by racial intimidation or "woofmg" by the black player against the white. To rebut Dr. Foster, it should be pointed out that Commissioner O'Brien's investigation did not indicate that race was a factor in the Washington/Tomjanovich fight. The facts show that after beating off one assailant, Kermit Washington was afraid that another Houston player was charging to attack him. There was no hint of racial intimidation in the Washington reaction. Perhaps by the time this column is in print Larry O'Brien will have decided whether Kermit's suspension should be lifted. There will be those who say that, since Tomjanovich's season has ended, Kermit's season should also end. I would argue that this eye for an eye philosophy is pointless. Kermit has suffered enough. Aside from the monetary penalties, he has been branded as the player who damaged Rudy T. Despite his later accomplishments, this one incident will always hang over his head like a dark cloud. The important factor is that further suspension of Kermit Washington will not help to solve the problem of N.B.A. violence. The punishment has been severe enough so that the public need for retribution has been met and so that the other league players have been made aware of the dangers inherent in fighting. To stop the players from fighting all types of overreactive body contact must be discouraged. College basketball has been experimenting with a third referee and I would suggest that the pro league utilize this extra official to monitor play in such trouble spots as under the backboards. While basketball is theoretically a non-contact sport, in a practical sense physical play has become a part of the game. The best method to prevent further violence is to prevent the physical play from becoming All notice requirements also go by the board. A defendant many times is unaware of the charges until he is in the penalty box and his transgressions are announced to the crowd." Proportionality is another real problem. Although some differences exist between the severity of some penalties, such gradings are not nearly enough. A player who intentionally cross-checks receives the same sentence as one who accidentally trips. A person who accidentally draws blood is strictly liable and will receive a sentence Xh times the sentence given to a player who committed a minor penalty, regardless of his mens rea. Nor has the National Hockey League heard of the concepts of justification or excuse. "When one who is without fault himself is attacked in such a manner or under such circumstances as to furnish reasonable ground for apprehending a design to do him some great bodily harm and there is reasonable ground for believing his danger imminent" the victim will be justified in taking action against his assailant, Shorter v. People, 2 N.Y. 193. When a player is maliciously attacked and attempts to protect himself, his penalty is almost . always identical to that of his assailant. That's justice? If two players are fighting and a third wants to join the fray, what happens? Rule 24 (Intervention) of the Federal Rules of Civil Procedure states "upon a timely application anyone shall be permitted to intervene in an action." Such a rule is non-existent in the N.H.L. An intervener is not only prohibited from entering the dispute, but gets thrown out of the game. Besides ignoring many rules of law, ice-hockey's penal system thoroughly ignores any concept of penology. Perhaps one reason why the game is plagued with so much violence is that the system is so antiquated. Once a player is penalized, unless the other team scores, a player is stuck in the penalty box for his entire sentence. Perhaps hockey should institute a parole system. Any first offender, instead of being given a two minute penalty, should be incarcerated for one minute and placed on parole during the second minute, providing he iseligible, in which certain restrictions would be placed on his behavior, e.g., not being allowed to cross the red line, or not being allowed to check an opponent. Thus while a first offender would receive one and one, a second offender might receive a two or three minute term in the penalty box with a one minute parole, a third offender a four or five minute term, etc. This is not to say a player should* spend all his time in the penalty box. Work-release programs could be established that would enable the player to become reintegrated within society while serving his sentence. Such a program might have the player selling popcorn or hot-dogs in the stands while serving his time. If the N.H.L. is truly concerned with eliminating violence from the game, then perhaps it should institute the death penalty for all incorrigibles. (Incorrigible could be defined as one who receives seven penalties in one game, or perhaps one who has received three hundred minutes in a season.) Instead of the usual methods such as ele-traerttier)! the defendant could be placed at center ice between periods and drawn and quartered by two zambonis. Unlike state legislature, the N.H.L. would not have to worry about the cruel and unusual punishment clause which has not as yet been made applicable to the league throught the 14th amendment. Anyone who has been forced to watch the New York Rangers during the last three years can testify to that. GRADUATING LAW STUDENTS Photographs for a class composite will be token at the Law School on: FRIDAY, FEBRUARY 84 MONDAY, FEBRUARY 87 TUESDAY, FEBRUARY 88 Cost for Composite and 6 color proofs $4.00 [payable on the above dates] excessive. Ed. Note: Commissioner O'Brien has made his decision, which agrees completely with Mr. Schwartz's views. Mr. Schwartz was acquainted with Kermit Washington when they both were attending American A $2.00 credit from the $4.00 fee will be allowed on any orders of Individual portraits. University. � SBA ELECTIONS � WAIVER APPLICATION ANNOUNCEMENT ELECTIONS FOR SBA OFFICERS TO BE HELD Confidential Fee Waivers (of the mandatory student fee of $16.00 per semester) for students demonstrating financial need will be available starting FEB.9, 1978 in front of the SBA office and the Registrar's Office. MARCH 1 & 2 PETITIONS FROM SBA OFFICE AVAILABLE Feb. 8-14 Due: Feb. 14 opinion february 9,1978 8 + These confidential applications must be returned by 5:00 PM, FEB. 21, 1978 at these same places. Spcific instructions for applications for waivers will accompany the applications. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-02-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/9/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/607c66b6ca712f7449e6efaec1c34821.pdf 743e9ca9e9cb159f62dfb87186b1eaf3 PDF Text Text Placement Office seeks new Head by Tim Cashmore The departure of Jay Carlisle as director of the Law School Placement Office should not hinder its operations according to Dean Thomas Headrick. "Jay had to set up the internal machinery of the office," Headrick said. "Now it's set up." Carlisle left his post as Associate Dean of Placement on February 1 to take a similar position with Pace University Law School in New York. Headrick said that Carlisle left because his wife was in a doctoral program at Columbia University and did not want to return to Buffalo. Audrey Koscielniak a former assistant in the registrar's office, has been made Assistant Director of Placement since Carlisle's departure. She will continue to be responsible, even after the arrival of a new placement director, for the internal operations of the office, such as career days, interview arrangements and the job bulletin board. Carlisle's replacement will have broader responsibilities and serve as a sort of • "assistant dean for external affairs." He/she will continue the job that Carlisle started in cultivating outside employers, and work on alumni relations, continuing education and fundraising activities. Headrick is heading up a search committee for the new director and said that the choice should be. made between late March and early May. He said there are about eight candidates for the job. The new director, he said, must have practiced law for three to four years and possess outstanding personal characteristics such as imagination and self-motivation. Actual experience in the field of placement was not crucial. "Jay had no experience, but he felt comfortable meeting people," the Dean said. Headrick credited Carlisle with building up the placement office to the point where it can find jobs outside of Western New York for 75 per cent of the law school's graduates. Two years ago, when Carlisle arrived, Headrick said, "There was not much focus on placement. Jay tried to expand the opportunities. He was responsible for going outside the local area.". Headrick said there were three basic ingredients needed to reach his goal of giving thelaw school a national reputation. "First," he said, "we need a faculty which is recognized nationally. Second, we have to place students over a wide geographical area. Third, we need alumni groups spread out nationally. The second and third ingredients go together." Headrick said the faculty is already well recognized,* and that Carlisle began a process of placing students across the country, thereby creating a national consciousness among alumni. Despite the emphasis on placing the school's best students in better law firms around the country, Headrick does not believe that students in the middle or bottom ranges of their classes are being hurt. Former Director Jay Carlisle "You want to open doors," he said. "You want to encourage firms to look at your best students. But there is a filtered-down effect." He explained that, since the best students are going elsewhere, the jobs that they would once have taken with local law firms are now open for students with less impressive credentials. "There is a need," he said, "to widen opportunities generally." Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 18,Number 7 State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 March 2, 1978 Newhouse appointed permanent law librarian by appointment, J.R. Drexelius Professor Wade Newhouse has been" named law librarian for a term extending through the academic year 1979-80. The joint announcement was made by Saktidas Roy, Director of University Libraries, and Thomas Headrick, Dean of the Law School. Dean Headrick indicated the Newhouse appointment was proposed by Director Roy. However, Headrick claimed he had hoped to make Newhouse acting librarian in September of 1976 but was blocked by then Director of University Libraries Eldred Smith. "When I came in, the library had no head, I needed someone right away," the Dean said. "The Director of University Libraries has veto power over the without his concurrence," Headrick said, "I couldn't domuch. "I did what I could. I appointed Wade Newhouse Associate Dean and named Mabel Jepson and Louise Tucker acting co-librarians for a year. It was clearly an interim solution," the deanrecalled. "Wade Newhouse is probably better than anyone we could ever find," the dean said. "Particularly for the kinds of problems we've had developing a good working relationship with University Libraries and gaining some control over the budgetary needs and resource allocations for the law library. > Director of University Libraries Roy felt Professor Newhouse would be a strong asset to the law school. "The law school needed a It's Ham! It's Wonderful! It's All We've Gotl The Law Revue Sunday, March 19, at 7:30 p.m. Talbert Hall Starring: > Dean Thomas Headrick Nancy Peck Fred Konefsky Thomas Cook John Henry Schlegel Billy Martin Janat Lindgren Mike Shapiro Andy Spanogle Jim Atleson . And a cast ofjßßmflffffi" ... Reviewers Comments: JjjrraduigTJ".■ about thirty? Schlegels" reading from the U.C.C. is a The Garden Variety Law School must. -Donna & Rax Read goes to Pot -"Opinion" strong person. What we're doing is to try to straighten out the problems which have existed between the law school and University Libraries," Roy said. "I think the situation will improve if Wade is in charge for 2-3 years," the director indicated. The dean admitted the appointment was made after the law school failed to attract any top librarians to the job. "We were not going /to be successful in recruiting a top-notch law librarian because of the reputation and the gossip about what had gone on here in the past," the Dean said. Given the conflict which existed between University Libraries and the Law School, it became clear, said the Dean, that we could not attract any top librarians until a new Director of University Libraries was found. Dean Headrick said the Newhouse appointment as acting librarian came last June after a meeting between Academic Vice President Ronald Bunn, Executive Vice President Albert Somlt, the dean, and Acting Director of University Libraries Roy. "We needed strong leadership," Headrick claimed. "I expected Wade would serve out the year and I expected a late winter appointment of a new Director of University Libraries," Headrick indicated. "I expected a search for anew law librarian to commence in mid-January. However Wade's success in dealing with the problems which had plagued the relationship between the The other theory is to focus on University and the Law School led the quality of library service to Roy to suggest the appointment the particular students and of Newhouse as permanent law faculties in various disciplines. librarian. The most important concern is "I was delighted," said service to the particular faculty Headrick. The dean said he' was pleased with Newhouse's handling of the library situation. "Since Wade was named acting librarian," important first steps "have been made toward a working relationship with University Libraries," he claimed. "Although the problems between the Law School and University Libraries has not been resolved, as a result of Professor Newhouse's .efforts and acumen, we have found ways to work on the problems of the past," the dean said. Professor Newhouse has "inspired considerable confidence on the part of the University Libraries staff, the Law faculty, and I hope the law students, in his running of the law library," Dean Headrick observed. The dean spoke of the basic organizational conflict between University Libraries and the Law School. "The conflict has been here for a long time. It reflects differences in basic organizational theory about how to ran libraries," he said. One theory treats the Library as a single service unit and then tries to organize it into subdivisions to serve various parts of the University. The most important concern is what is most efficient and students. "Law schools have always operated under the second theory. It is best to serve the students and the law faculty by placing the library at the law school, under the control of the law faculty and law school," Headrick said. "The University holds to the first theory," he claimed. "But we are moving to a middle ground. The law school realizes the need to use the resources and power of the central library. The University centralizers are realizing their theory leads to conflict and no real increase in efficiency." The dean felt Professor Newhouse has made major contributions to finding the middle ground. Roy said he wanted Newhouse to stay on because of the good working relationship the two men had. He did not feel Newhouse's lack of experience would hinder him. "Wade Newhouse, since 1967 has been involved in the Library. He has no library degree, but he knows about the situation. We need someone who can get the work done," Roy remarked. Roy also said that Newhouse would soon be-looking for a new number two man at the law library. Roy indicated he expected this person to have excellent credentials in library continued on page six �From the Editors Bitch Tickets the orientation it takes in its policies, and the economic 16.12/1/77 Bums ( COMPLAINT: One of thereasons why the xerox machines questions it faces. Thanks. Artie be subject catalogue entry are always out of order is that they are overused. Can't RESPONSE: Our Reserve Banks." "Federal What straightforward pretty not something be done to restrict their use to law students; probably confused you was the main entry "United States Board of Governors of the Federal Reserve" this is their formal title. We will put in a "see" reference from the U.S. Federal Reserve Board. Because of past budgetary problems, our collection development usually depended on immediate faculty and classroom need. We are beginning to receive more funds and are formulating a more rounded collection development as to what the library wants to collect on governmental agencies which are not directly studied in the law school courses. it We appreciate your comments about the collection would help us if we got more feedback on users' needs and their actual use of the collection. As a side note, you should find a lot of new books and materials coming into the library in the next few months. We hope you'll find these useful. necessarily all the time, but at least when lines begin to form? Why should we wait half-an-hour because people from both campuses want to take advantage of the nickel-a-page price tag on these machines? RESPONSE: No we cannot and will not restrict the use of the copy machines. Placing a restriction means having to enforce it and we have not the staff nor the frame of mind to become a policing institution. We have placed a sign requesting that users limit themselves to ten minutes. Be assertive and inform the person who is abusing the service. We ask your patience we are working on the problem of A call for balance Early in the semester, a memo was circulated by Dean Headrick pertaining to the under-enrollment in a substantial number of courses. While we feel that scheduling problems may have accounted for some of the problems, i.e. that there were four courses given this the copy machines. semester pertaining to the Judiciary and none last semester, the greater problem appears to be 18.12/13/77 COMPLAINT: Are the xerox machines making a profit for student disinterest. the University at $.05 a copy, or are they subsidized? Admittedly, the paranoia of the New York RESPONSE: Any profit from the copy machines is placed Bar, or any other, sets in early. It does not matter in a general equipment fund for the University Libraries. how soothing the professors of first and second The Law Library sees none of this money - yet we must year students attempt to be. By the student's maintain the machinesr The machines are not subsidized. third year, the blank face, the rush to New York Practice, all lead to only one Conclusion: Fear. 19.12/13/77 ' This fear, coupled with the desire to squeeze COMPLAINT: The 10-minute rule on the copy machines in all those courses that somehow escaped the makes no sense at all if you can evade the rule by taking to copy LARGE student for two-and-one-half years, combine to xtwo or three people into the roomassume the goal is volumes of materials. One would "Bar" "Real" enrollment or large in create a machines, expensive Other, turnover. even more though courses, and poor representation in seminars and are available to those who have BULK copying. Buffalo model courses. RESPONSE: The three people who brought rise to this Perhaps the answer is in admissions. (See question were making three copies of one item. Had each Opinion Editorial October 20, "Garden Variety person stood in line to copy the item separately, it would Admissions.") Or perhaps this only points toward have taken more time. the need for better planning of curriculum. We The problem may really be that the copy machines in the realize it is hard to plan ahead in view of the large Law Library are intended for copying law-related materials scale turnover in the past year, but attempts only. This service is obviously abused and signs will be should be made soon, by the APPC, by the posted at each machine to this effect. faculty and administration to deliver to first year '-•:---'■.-:>>:-::•>;students, a schedule of courses to be offered over 22.12/19/77 sign on the study rooms on the third COMPLAINT: The the next two years. say that there is alternate.space on the 4th, sth, 6th When planning, it should be remembered that floor and 7th floors for anyone who is riot a law student and third year students will not take seminars in their requires a room to study in. On the 18th of December, I last semester, as extensions and incompletes was kicked out of one of those 4th floor alternatives cannot be granted. It is hoped that more balanced because some law student had it reserved. schedules can be produced in the future, and that Why were they indicated as alternates if you went ahead more students will respond to the great variety of and reserved them anyway for law students? That is highly areas in which legal studies can be pursued. unfair to me to be interrupted in the middle.of my studies arid forced to leave. I have nowhere to study now, not to - - - 1/30/78 Rep. Serv. It was supposed to be in Prof. Spanogle's office. It was not it is Prof. Priest's. 2. I was supposed to hunt down L. Tribe's new book for a seminar. The book is not listed in the ~ird catalogue. I told my professor that it is not in the library yet. Tonite, I discovered itis on reserve. 3. I am looking for a constitutional law text book by Paul Brest. It is one of the leading texts in Constitutional Law. It is not listed in the card catalogue under the author's name. I realize the difficulty of keeping a library in order. - It is aggravating though, when we have a library with a scarcity of resources and the resources are misplaced so as to make their use quite difficult. RESPONSE: 1. Our UCC looseleaf holdings: The UCC Case Digest, published by Pike and Fischer', is in the Faculty Library. The UCC Reporting Service is on reserve as well as in Prof. Priest's office. Some of the professors request the specialized looseleafs for use in their offices. Since courses-and-pFofessors change constantly, there, is a shift in who has what best bet is to ask the reference - x librarians or the circulation desk. -2. Tribe's new, book was published in Nov. 1977, .rush ordered and catalogued so it would be available on reserve when classes began. The temporary catalogue card was not rush filed. When you don't see a book listed in the card catalogue and you think we have it, ask the reference librarians. 3. Brest's constitutional law text has never been a required book for any law school courses. Our collection policy is mention the time I lost studying because I had to write out to only buy those texts which are actually used in our law school courses. However, this particular title has been this complaint. RESPONES: During the Law School exam period from ordered by a professor for the library collection. December sth to the 23rd the carrels in the library are available only to law students on a reserve, first-come first-served basis. Signs were"~posted on all carrel doors and the library's main doors notifying users of the carrel reserve policy. We are sorry that you were inconvenienced. "A Mixed Blessing" The appointment of law school professor Wade Newhouse as law librarian through 1980 [see library article, this issue] is, at best, a mixed blessing. While we greatly appreciate the self-sacrificing efforts of Professor Newhouse, we question their advisability. It simply is not realistic to expect one person to take command of an understaffed and under-funded law library while teaching an almost full course-load at the same time. It simply does not wash to say that no one would be willing to head the law school library without knowing who the Director of the University Libraries will be. If a law library director had been hired when the position first became available, much valuable work would have already been done to further the resources and reputation of the library and the law school as a' whole. We do not mean to denigrate the efforts of the present staff. They are doing their absolute best to cope with an extremely difficult situation. The time has come to abandon stop-gap measures, and to seek out a full-time law library director whose sole function will be to head the library. A search committee must be established soon. If we wait for the appointment of an overall university library director and for the end of Professor Newhouse's tenure as law librarian, too much time may have been lost to turn our law library into the top-notch resource that we need. The potential is there, and should not be frittered away through personnel delays and inadequate funding. 29. COMPLAINT: 1.1 have been trying to hunt down the Pike - - - * , Did We Make the Grade? jury is still out for students in the following courses: «w The Bell Torts COMPLAINT: Why do books have to be shifted on th<: Civ. Pro. I Breger shelves during exams? Specifically 4th floor 12/21/77 at Joyce Fed. Tax II 12:15 p.m. Grat. Trans. Joyce RESPONSE: We apologize if staff activity interrupted McCarty Contracts your studying. There was no scheduled shifting on the 4th floor on the day and time you listed. However, general 1 shelving must be done continuously to insure the availability of needed material. This is especially true at Vol. 18, No. 7 March 2,1978 exam time when books are pulled for a fast reference and then left unshelved. To help the students who require Editors-in-Chief these materials in their studying, we try to keep the shelves Kirn Hunter John Simson in order. Photo Editor Chavis 26.12/22/77 _l__^^^^ — ' 27.1/27/78 Why can't the librarians and the student assistants on the sth floor have some consideration for patrons, and not talk in loud normal voices? It is almost impossible to work on the sth floor because of the constant conversations by the employees. It seems that if the employees want to talk loudly, they can at least do so behind closed doors. RESPONSE: We apologize for any disturbances. All employees will be notified of your complaint. Thanks for voicing your frustrations. 28.1/28/78 COMPLAINT: The listings in the card catalogue for the U.S. Federal Reserve Bank seem very confusing. They barely tell what you have here on your shelves of the FED. Can it be corrected, and cant this library purchase more of the FED's literature? The collection now is really dismal, since it lacks depth in the actual operations of the FED, Business Manager . Randi Ted Firetog Staff: Bill Brooks, Mike Buskus, Tim Cashmore, j.R. Drexelius, Carol Gardner, Jason Poliner, Sheryl Reich, Thomas Saitta, Michael Schwartz, Mike Shapiro, Paul Suozzi, Dwight Wells, Jayne Zanglein. Contributor: John Arpey ' Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion Is a non-profit organization, third class postage entered at Buffalo, N.Y. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion Is funded by SBA from Student Law Fees. Composition and design: University Press at Buffalo. March 2. 1978 2 �Wide World of Torts Close Encounters with the 3rd Grade In a surprising move today, Dean Thomas Headrick agreed to meet with Robert Ketter at Main Campus. Many in the Legal World were stunned by the move. Ketter, who has recently backed off from his earlier position that the Law School is an illegal state and should be destroyed, indicated that he might make concessions. Peace prospects however are slim. There are still too many disagreements over fundamental issues. Among the most significant are Headrick's demand that the Law state have its own autonomous library. Ketter on the other hand believes the library should be anonymous. The library dispute is further complicated by the settlements on the West Mezzanine of undergraduate students. These students preliminary hearing as weigh-ins "and generally likes to incite confrontations with defendants. He stares at the defendant and slowly indicates with his fingers how many years he hopes the defendant will get. Says Ropeadope laughingly, 'Sometimes 'I even have to use my toes!' "Ropeadope's latest tack has been addressing the press in poem as to how he feels about a particular defendant. This generally sparks,great scorn from the media, who, however are most pleased to print his poems and report on the confrontations he creates. "We spoke to Chief D.A. Ingemar Johanson about his behavior." 'Tlea bargains' are way up, the public response has been overwhelming. There's $500 prize and a chance to recite their own poem at a weigh-in of his/her choice." Op: "What about ties?" . Tex: ''Ties are broken by an intricate procedure involving whether or not any of the contestants are related to defendants, and whether any of the contestants jog over one mile per day." Op: "Why should it matter that some jog over a mile a day?" Tex: "Ties always go to the runners." (Sound of Defense Attorney Dying) "Last week's winner of Ropeadope's Ratings was Mildred Wildebeest. Mildred submitted the following poem: A Lobster's not Red, until she's been cooked, but you'll be a felon, as soon as you're booked. "Mildred was then allowed to make a sentencing recommendation in the case of Winifred Wildebeest, her older sister. Mildred asked that Winnie be given 20 to 25 at Bedford Hills for her part in a Gray Panther 'Free Dentures or Else' demonstration, last week in Nyack. The judge felt Millie's personal involvement in the matter had colored her judgment; and though liking the poem very much, sentenced Winifred to time served. "Ropeadope's antics have now been reported to the Greatest himself and it is rumored that Ali will come here to meet with his protege. The following poem was actually delivered by Ali in Manilla, where he is currently negotiating to fight with a typhoon." You recite poems, just like the champ you torment opponents, and turn their Robert Ketter, center, is flanked by top military aide's, as they contemplate an assault on Sears Law Library to protect undergraduate settlements. have occupied the library, carrels, and really nothing we can do. It would be zeroxing room since the infamous foolish to let a little ill-advised comment "Amherst" war of 1976. Headrick rob me of mybest prosecutor." "Ropeadope's weigh-ins are now filmed, maintains that these settlements are illegal, and Wiat the Law School will not make any and we will shortly be seeing one or two of concessions until these settlements are his classics. Here now is 'Arson Third' from disbanded. his recent N.Y. Review of Books Alternate It was hoped, in the legal world, that Selection, Poems of a Prosecutor. His alibi was that he was watching the creation "of a library State in nearby Talbert Hall would invite a retreat by the Johnny Carson, but the fuel can in the undergraduates. However, Ketter maintains basement means I've got him on an Arson. "Another Ropeadope standard is his that even after this new state is created, the settlements must remain; and that the confrontation with a Child molester University will fight to protect their affectionately titled by Ropeadope himself as, 'Close- Encounters with the Third , sovereignty. *■ Gcade-' or 'Ode to Roman Polariski From * * * Wide World of Torts travels this week to Afar.' You can try to run, you can try to many exotic places. Ralph.Stairsteps is in Rockland County, N.Y.;.Phyllis "Curious" dance, But we caught you in the men's George is in the Sierra Madre and John room with your hand in Billy's pants. You Simsoh is in the' lachyrmose environs of can hire fancy lawyers, but it ain't no use, John Lord O'Brian Hall at the SUNY at 'cause I got you dead to rights on a sexual BLA. abuse. "And now to Rockland County and "Some Rockland County defense Ralph J. Stairsteps. Ralph?' lawyers are up in arms over Ropeadope's "Yes, Johnny. This is Ralph J. tactics; and his outspoken conduct of Stairsteps, on permanent leave from SUNY trials. One attorney who agreed to an at Buffalo Law School here in Rockland interview was Tex Nicality. County. There is a new D.A. here in Spring Op: "Tex, why are you so upset with this Valley, and he's .captured the minds and new district attorney?" hearts of every citizen in this county. Alan Tex: "Well Ralph, he's a menace. I'm 'Fry 'Em!' Ropeadope, recently graduated particularly offended by the way he carves from the Al Ranni School of Law and notches in his briefcase for each Prosecution, has' taken this suburban conviction. Additionally, I think it's in county by storm. He's patterned his life poor taste jto publish your won-lost record particularly in the after controversial boxing star Muhammed ~in the daily paper -' Ali and we will be talking to him shortly. sports section." The comparisons between Ropeadope and Op: "What does he call these records, the champ apparently began early on in Tex?" Ropeadope's Law School career. His" habit Tex: "No Ralph, he doesn't call these of wearing Everlast Boxing Briefs to Civil records Tex.. ' They're called, Procedufe led to his first nickname of'Ali.' ROPEADOPE'S RATINGS: And even Ropeadope soon parlayed, this moniker more annoying is' that he invite's readers to' ihto a full-fledged routine where he would submit their own estimate of how many convictions :AI will_ get and how' many emulate his hero In every way. ■ • " "Ro|seadspe 'casualfy refers' a "his 'poems fie~wlll recite. The winnerreceives a* March $ "1978 .' palms damp. But you're justa fool, can'tyou see that I'm right? Cause I make 6 million, each time I recite. "Opinion was shocked by the recent turn of events in the fight world and was unable to arrange a last minute interview with Ropeadope following All's incredible loss to Leon Spinks. More Developments later. Now back to Ralph J. Stairsteps in Buffalo." ONE FINAL NOTE: South Korean Practice will be offered this spring. It will meet weekly in unnamed and unknown Washington Motel Lobbies. The course, in keeping with Buffalo's progressive stance in the leagueal world, includes the only in depth "HoW To" approach in learning to cope with such hard questions as how to ethically accept a bribe. * * * * Dean Headrick was "enthusiastic" A recent survey of third year students has generated more anxiety than any single event in this Law School's history; other than the bar or an Al Katz exam. Distributed in Njw York Practice, the survey represented a milestone in the careers of three UB Law students who shall remain nameless, so as to protect them and their families. I would like to stress here that I had nothing whatever to do with the survey, other than suggesting a number of categories that were in the end, disregarded. Although my name was used as the example, I was not responsible. (Though I am flattered by the category for which I was so aptly chosen.). I am not going to moralize and preach at those of you who were unnecessarily cruel and inhuman, but I will say that I was terribly shocked at most of the results. So here they are! All of the juicy rumors you heard about who won different categories will now be substantiated. One finally, those with higher social security numbers did win most of the categories. - Most Likely to Sleep With Sheep 347-35-6678 Most Likely to Get a Job During a Blackout-198-00-8789 Most Likely to Cause a Blackout -. 454-40-5434 Best Smile in a Losing Cause - 007-34-2123 Most Likely to Sleep With Llamas 347-35-6678 Most Likely to Get a Job During a Nuclear Attack 198-00-8789 Most Likely to Cause a Nuclear Attack Ibid. Amin Worst Smile in a Winning Cause - — Most Likely to Sleep With Shepard's 007-34-2123. 347-35-6678 Most Likely to Get a Job During an Outbreak of the Bubonic Plague 234-56 Most Likely to Cause an Outbreak of the Bubonic Plague Ratso Rizzo Best Leer in a Winning Cause 007-34-2123 Most Likely to Read This Column 347-35-6678 Most Likely to Get a Job in A Garden Variety Law School Rabbit W. Garden - - - - — Alan 'Fry 'Em!' Ropeadope 3 �Candidates' ! Statements SBA President Andy Cosentino I've served law students these past two years, first as a First Year Director, and this year as the Secretary of the SBA. This past year, as a member of the Finance Committee, I wrote the draft budget whereby we reduced expenditures by $3000. As President, I would OPPOSE the projected $10 student activity fee increase, instead seeking to make further budget cuts. As Rules Committee chairman, I wrote the draft of the new SBA Constitution that was adopted by the student body in last April's referendum. I have worked on the Social Committee to make Happy Hours and Parties, and hope to see more of these next year. If elected by you to be President, I will conclude the negotiations that I have conducted with the Law School and University Administration these past three months, so that SBA xerox and change machines will be placed in the library. My very first act as SBA President would be to seek a student referendum on the changes that have been proposed for the grading system and I would seek sanctions against faculty to eliminate the "late - grades" problem. As the ONLY candidate for President to have served as an SBA officer, I am confident that I have the experience and ability to serve you best. I look forward to continuing to serve the student body, with your help, both in the elections and in the ' LIST OF CANDIDATES J � President � � .Vice President + + Secretary (Choose 1) � Treasurer � (Choose 1) � 2nd Year Director Andy Cosentino Ted F'retog (Choose 1) 3 Cathy Kaman (Choose 1) X j v David Alexander J- Ted Donovon � � Madeline Bernstein Gladys La Forge Lewis (Choose 6) Steel Dwight Wells Mike Shapiro Patrisha Armstrong Mary Kloepfer Dwight Saunders Jerry McGrier � � coming year. Ted Firetog «^� +� � � � T Bonnie Cohen It's no secret SBA is suffering from apathy and disunity. This is unfortunate since the organization has the potential to become an effective mechanism for solving a great many important student problems e.g., the problems of our grading system, the revitalization of many student organizations, and the lack of duplicating machines. Therefore, it's time the self-serving walls of the SBA were torn down and the lines — of communication between it, the students, and the faculty reopened. A mere reshuffling of the old leadership will not alleviate the problem. I am running for the Presidency of SBA not for the ego trip or to further my political ambitions (Lord knows I'm no politician) but to serve the student body in the best way I know how, i.e., to effectively run an organization that was originally established to serve law students. . � � - Jeffrey Licker Claude Joerg 3rd Year Director (Choose 6) ' ; � � � W' t * John Batt Mark Bander Mary Anne Cupo JamesMaloy Gary Alan DeWaal —� � � � � ������������! SBA Vice-President Cathy Kaman : If elected to the office of SBA Vice to expand the Placement Office and must President, I plan to direct a lobbying effortt encourage the administration to fill the in Albany to get increases in TAP andI Placement Director's position immediately. SUSTA awards in order to bring them in 1 Sanctions must be imposed in order to line with probable tuition increases. I wantt eradicate problems caused by late grades. I to see SBA bring three much-neededI am the only current first year director on Mike Shapiro services to the law library: typewriters5 the SBA board who has attended every This past year I served as an SBA Ist available for student use, an additionalI meeting this year. Having worked hard for Director, f was a member of two SBA Year Xerox machine and a change machine. Inl the first year class, I'll work even harder committees, Finance and Rules, and I also addition, SBA needs to take positive actioni for theentire student body. served on the Faculty-Student Relations Board (FSRB). I have learned much about the SBA, other, "student and faculty organizations, the administration, and their Gary functional relationships to each other. This knowledge, coupled with my interest in The Student Bar Association is in sad long distance phone calls by officers and formulating policies in the best interests of shape. Since being elected as Second Year directors to the tune of over $300. Partly the student body, gives me confidence that Director during a special election two through my efforts, guilty parties are now I can help actualize our goals through my months ago, I have witnessed few repaying the.SBA for their indiscretions. If role as an SBA 2nd Year Director in the constructive actions by the organization re-elected, I promise to insure that the SBA coming year. that benefits students. Indeed, along with is a responsible organization, dispensing I am most interested in internal affairs another director, I uncovered a tremendous students' monies in a way beneficial to the which affect large numbers of students. abuse of the students' trust the use of greatest number of law students. For example, I was the first to informally the organization's telephone for private, suggest that the SBA should purchase a change machine to eradicate the difficulty in obtaining change for use in the vending machines. (Andy Cosentino brought the �formal motion before the Board, and the � Board finally adopted a motion to install Ltwo typewriters' and another Xerox in the library, and to have a 'student dispense change without inquiring about purpose.) Next year I hope to serve �on the Finance Committee again, and I � intend to propose a reallocation of 10% of club funds to the social .activities line to create an extra happy hour which the whole student body can enjoy. Although I have ideas of what the �student body would appreciate, I realize �my view is necessarily limited and �personally biased. I welcome you to submit to me, in my mailbox in the SBA office, 2nd Year Directors 3rd Year Director DeWaal — Be Sure ToVOTE sba elections to be held Thursday, March 2nd & Friday, March 3rd. Polling Race will be outside of library on 2nd floor. 4 f * - any ideas you have for improving the quality of life here. That is what I consider to be my most important function as an SBA Director. Please vote for me, Mike Shapiro, for 2nd Year Director. Thank you! ' Dwight Weils The University of Buffalo Law School has yet to reach .its potential as a place where the law student can obtain a truly diversified legal education. My first priority, if elected to the Board of Directors of the Student Bar Association, would be to work with the student body, faculty, and administration in order to more fully realize that potential. A question that must be answered is who really establishes the programs and policies of the Law School. When inquiries are made as to lack of course selection or other deficiencies, the standard answer seems to be, "There's just not enough money to do this, or do that." While lack of money can create problems, it also can be an inspiration to creative problem solving. The Association complains about the lack of attendance at their meetings. I believe this is a direct reflection of students' feelings that the Student Bar Association is doing little or nothing to make a difference. The Student Bar Association must work harder on understanding the important problems of the student body at large. My efforts as a Board Member will be directed toward creating an SBA capable of understanding and solving student problems. March 2, 1978 �Sobering Thoughts Bartender owes a duty to patrons by Mike Buskus The California Supreme Court, in a decision announced in January of 1978, held that a barterider could be found liable in negligence for the death of a bar patron resulting from acute alcohol poisoning. The case of Ewing v. C/overleaf Bowl - Cal.3d -, 143 Cal. Rptr. 13, -P.2d- (1978), reversed a lower court decision granting the defendant bar owner's motion for a nonsuit. In this case, on the day the decedent Chris Ewing, a father of two infant children, attained the legal drinking age of 21, he went into defendant's bowfing alley and bar for a few drinks. After the bartender learned that it was Ewing's birthday, the bartender gave him a vodka collins drink on the house. Over the next hour and a half the same bartender served him ten more shots of 151 proof rum as well as two beers. Although at one point the bartender cautioned him to "take it easy on this stuff," the bartender nevertheless served Ewing seven more drinks after that point. 143 Cal. Rptr., at 16-17. Chris Ewing later collapsed at the bar, never to regain consciousness. The next (horning he was found dead. A subsequent autopsy revealed that his blood alcohol level was .47 percent. Id., at 17. - Ewing's parents later brought a wrongful death action against the bar, alledging negligence and willful misconduct. The trial court granted the defendant's motion for a nonsuit. The order granting the nonsuit was affirmed by the intermediate appellate court. On appeal, the California Supreme Court reversed and remanded for-a new.trkli ••..•„•. Majority Opinion: The California Supreme Court, speaking through justice Tobriner, first posited that "[a] bartender owes a duty to a patron to exercise due care and incurs liability to the patron for the foreseeable injuries caused by the bartender's failure to exercise such care." Id., at 17. In so ruling, the highest California Court finally explicitly overruled the longstanding 1955 precedent of Cole v. Rush, 45 Cal.2d 345, 289 P.2d 450. In Cole, the same court had held that the proximate cause of Such an injury to a patron was the action of the patron in drinking the alcohol rather than the conduct of the bartender in serving the beverage. 45 Cal.2d 345, 356. In the interim since Cole, the California legislature had modified that rule of- law by enacting a provision making it a misdemeanor to sell alcohol to an "obviously intoxicated person." California Business and Profession Code 25602. The court then reasoned that taking the question of possible willful misconduct away from the jury was reversible error. Adverting to the bartender's experience and the decedent's young age and. inexperience, as well as the undisputed facts of the large quantity of high-proof alcohol served, the Court concluded that the bartender's actions suggested "not merely a want of ordinary care, but willful misconduct." 143 Cal. Rptr., at 20. Additionally, the Court discarded the trial court's finding of assumption of risk by decedent as a matter of law. Reasoning that "[t]the specific risk in this case is the risk of acute alcohol poisoning," the California Supreme Court policy is accomplished or violated if the actor is declared that such assumption of risk as a matter alone held answerable for his injuries." Id., at 25. Clark then fell back to his legislative of. law could only be established if the evidence suggested that either this decedent knew the prerogative rationale. He opined that "[in] sharp actual risk of acute alcohol poisoning or that contrast to the present court's proclivity to make every "patron of a bar who consumes ten shots of through judicial pronouncement, policy decisions 151 proof alcohol must know of the risk of acute of a legislative nature, the. Cole court properly alcohol poisoning." Id., at 22. Either such concluded it was not empowered to do what this conclusion, the Court declared, was for the jury court cavalierly does today." Id., at 25. and not the judge to decide. Analysis: Concluding, the Court emphasized the Like McPherson v. Buick Motor Co., Cole v. differences in experience between the bartender Rush represented a harsh judicial abnegation of here and the deceased patron, adding that: the inherent power of courts to delineate the "Yet" the trial court cast an armour of bounds of negligence liability based on protection around this entrepreneur based upon reasonableness. But, just as inevitably as an inflexible rule that a patron who suffers injury Henningson v. Bloomfield Motors redressed the from his own intoxication cannot recover from a imbalance in the privity of contract arena, Ewing bartender, no matter how negligent Or reckless the will lead the way in sensible assessment of bartender's conduct may be." Id., at 23. bartenders' liability. Much like the comparative negligence landmark of Li v. Yellow Cab Co., Dissenting Opinion: Justice Clark, in a dissenting opinion, stated Ewing represents enlightened judicial moderation that "I too am moved by the tragedy visited upon of an unjustifiable and excessively rigid doctrine. two minor sons of a young man who, cold sober, This is not to suggest that every bartender should be held strictly liable in tort to every intentionally sets out to drink himself into oblivion." Id., at 23. Nevertheless, Clark would drinking customer who could foreseeably drink have affirmed the nonsuit of the plaintiff. To too much and cast a self-inflicted wound upon support his view' of no liability, Clark cited herself or himself. Rather, this is to urge that approvingly Justice Rouse's opinion in the same arbitrary limits of liability like those imposed in Cole v. Rush, are simply untenable given the case below at the intermediateappellate level: "When the restraint of reason and the ability extraordinary facts and wanton misconduct of the to care for one's self are perverted by a conscious defendant in cases such as this. To ask any less of self-indulgent act of voluntary intoxication which our courts is to indulge in a blind stupor of temporarily casts off these powers, no societal or unreasonableness that no cold sober reflection personal wrong, nor violation of public or social could justify. Wake update In our last'issue, the Opinion printed an exclusive interview with itself on its terminal illness and pending demise. We are pleased to report that there are signs of possible recovery for the patient, in spite of the overwhelming odds against it Opinion Drs. Simson and Hunter have indicated that, while the patient's condition must still be considered grave, there has been some improvement. Opinion's staff deficiency has been alleviated a bit, and it appears that some real news may actually be printed in the paper. Opinion wishes to express its sincere thanks to those few individuals who came to its rescue at the wake held on February 14 While the turnout was lighter than expected, it is reassuring to the patient to know that there is at least a small, but dedicated (and slightly inebriated) group of people who are concerned about the possible death of Opinion. The future of the paper is still cloudy, Opinion will remain in the Greeley and and it is hoped that more students will Kane Memorial Hospital for journalism submit articles, cartoons, poems, etc. to jntil a complete cure is in sight. Cards, Opinion, even if only on a One-time basis. flowers, candy and copy will be forwarded If the paper is to survive another year, to the patient if dropped off in Room 623 more student input is needed now. O'Brian Hall. March 2, 1978 SUMMER LAW STUDY in Guadalajara Oxford Paris San Diego Phi Alpha Delta Legal Fraternity Meeting Thursday, March 2 at 2:30 p.m. First Floor Lounge Please Bring Membership Fees. For information: Prof. H. Lazerow U. of San Diego School of Law Alcala Park, San Diego, CA 92110 BUFFALO LEGISLATION PROJECT is holding an OPEN HOUSE Thursday, March 16 from 9:00a.m. to 5:00p.m. Everyone is invited to come up and learn about BLP. Information on how to apply for membership will be available. Refreshments will be served. 5 �\ Attica Committee Stymied by Dwight Wells "We have been promised but the words are empty. Every time we think the door is open to us, they slam the goddamned thing in our face." These comments came from one of the inmate members of the Legislative Action Committee [LAC] at Attica who have been meeting with members of the law school Prison-Task Force. The inmate's remarks refer to LAC members' disappointment in the lack of response to their efforts from the system. i Legislative Action Committees are functioning at each of the state's maximum security prisons. They were set up as one of the institutional responses to the Attica riot. The Committee is made up of twenty inmates whose major goal is to work for improved prisoner treatment and improved prison conditions through the legislative process. The committee at Attica is in its fifth year, and, as stated by one of its members in a recent meeting, "the results to date are increased frustration and-an ever decreasing belief that the system is capable of responding even in a minimal way to our needs." Mr. Smith, the superintendent [they are not called wardens anymore] who attends each of the Task Force's meetings with the inmates, interrupted at this point. He felt that the inmates, "should be satisfied with their involvement to date and not expect instant results." "I strongly support organizations like the LAC," he continued, "because, for me, it is an additional control mechanism within the institution." This comment evoked strong reactions from several inmates, most of whom view their roles as members of the LAC as essential to altering some of the basic inequities of corrections law that effect the 18,000 plus prisoners in New York State. -This outburst provided Smith with an opportunity to demonstrate his attitude about inmates expressing their true feelings on issues of importance to them. He ordered the LAC "to return to the set agenda as continued discussion of the role of the LAC would not accomplish anything constructive." There is constant jockeying between organized groups and the administration at Attica. Many groups would not even be in existence if it were not for directives from Albany. One avenue used by organizations like the LAC to help increase their effectiveness is to become associated with an outside sponsor. The Prison Task Force was asked to be and has accepted the sponsorship of the Attica LAC. Sponsorship requires a continuing commitment to keep the Task Force alive. At the present time, membership in the Task Force runs around 10 or 12 people. When LAC sponsorship is combined with the other task force activities, the need for additional members is critical. Most of the work involved can be scheduled around a student's schedule. Participation in the Task Force can be extremely rewarding, especially for anyone considering a criminal defense practice. Anyone interested in the Prison Task Force should contact Alice Mann at 877-2675 or Hillary Exter at 835-7486. In observance of the anniversary of the historical Dred Scott Decision, the Law Library will grant a one day amnesty on overdue fines on Monday, March 6. Law books and law related materials will have to be returned to the Law Circulation Desk on that day between the hours of 8 a.m. and 11 p.m. continued from page ode-" science. The three senior positions at the law library will be able to assist Newhouse the director felt. "Your dean is also very interested in the Library situation," Roy noted. "In the long run you'll find this is one of the best decisions the University has made," Roy concluded. The dean said he never would have suggested the appointment of Newhouse as permanent Librarian. "He has done so much for the institution, .sometimes you just can't"ask for any more work from an individual. You know he will accept, but you are not being fair to the individual." Professor Newhouse took the appointment somewhat reluctantly. "I don't know if I'll be effective," Newhouse said. "I took the job because it had to be done. The appointment appeared to be in the best interest of the school, even though it takes up a great deal of my time," he v said. "I will have to reduce my teaching load to half load. In fact, by combining my school lawcourse and the education course, I've only reduced my teaching load by one-quarter load-. In the end the only thing I'll lose from my teaching load is my section in Constitutional Law," Newhouse explained. "A trade-off had to be made," said Headrick, explaining the appointment. "Wade will continue to teach at least 3/4 load. He takes on that burden without any special adjustments. At the same time he will be full time law librarian. "He's a professional. He'll do what has to be done," said the dean. The dean indicated no one will be hired to replace Newhouse's lost teaching time. "Since we cut the first year class from 325 to 250 we've only needed three sections of constitutional law," he said. Newhouse admits he has absolutely no background in' Library Science. The dean felt this would not be a drawback. He admitted the prestige of the school would be hurt by the appointment but claimed Newhouse was competent. "Look at it this way, he has a superb staff, extremely well trained in the technical aspects of the situation. They are devoted to the University and the law • school." "He has a sense of how to stay out of their way," the dean said. "The reason good lawyers can do a lot of different things is because they have the sense to run very complicated situations. Wade Newhouse is an example of this type of lawyer," said Headrick. Organizational News BLP Works on Consumer Fraud, Court Reform, and Nuclear Waste Association of Women Law Students Plans for the Spring Semester by Carol Gardner The Association of Women Law Students held its first meeting of the spring semester on February 15th. The attendance was up from the last few meetings. Most of the meeting centered around the upcoming 9th National Conference on Women and the Law to be held in Atlanta, Georgia, April 6th through April 9th at the Peachtree Plaza Hotel. The Women Law Students' Association of the University of Georgia, School of Law in Athens is sponsoring the conference. The AWLS has been given money by the SBA to send a delegate to represent U.B. at the conference. The AWLS has decided to divide the designated money among any members who choose to attend the conference. Any one who is interested in more details should check in the AWLS office in Room 509. The conference's location was a controversial issue for the National Steering Committee for the National Conference on Women and the Law. The Strike Force, created under the presidency of Ellie Smeal of the National Organization for Women, has been leading a boycott of convention cities in states which have not ratified the Equal Rights Amendment. The boycott has been endorsed by dozens of national organizations including the Democratic National Committee, the United Auto Workers, National Education Association and the League of Women holers. As of last November, $59 million of potential convention business had been denied to cities in the unratified states. Georgia is one of the states which has not ratified the Equal Rights Amendment. (Three more states need to ratify the ERA 6 by before it will become part of the Constitution. The Congressional deadline for ratification is-March 1, 1979. Time is running short and the legal question regarding some state legislatures' attempts to rescind their former ratification of the amendment still remains.) The National Steering Committee for the Conference on Women and the Law decided to continue hosting the Conference because it "felt that the Conference is critically needed in the South to educate and energize Southern women." An Executive Steering Committee was formed to assist in running the organization this semester. The members are: Ann Bermingham, Mary Kloepfer, Martha Krisel, Gladys La Forge, Michele Lippa, Lou Newberger, Laurie Ogdon and Carol Gardner. Martha Krisel was chosen toorganize a joint meeting with the women's group from the U.B. School of Business and Management. Ann Bermingham will assist her in getting a guest speaker. Carol Gardner volunteered to send a letter introducing the AWLS to potential incoming freshpersons. Claudia Allen spoke for the- entire AWLS when she thanked Audrey Koscielniak, Assistant Director of the Placement Office, for consulting with the AWLS to obtain names of women attorneys who would participate in mc mini-Career Days planned for March Bth and March 15th. Candy Appleton brought the surprising, but pleasant news, that the SUNY at Buffalo Archives Women's Project wants the history of the' AWLS. The AWLS, was founded in 1970 by then-student Grace Blumberg. . John Arpey The Buffalo Legislation Project (BLP) successfully completed research on nine projects during the fall semester. These projects included: 1) the Consumer procedures for setting Protection Board health and automobile insurance rates which would insure the opportunity for public participation in the rate making procedure; 2) the procedure for the discipline of licensed professionals in professional ) misconduct cases; 3) the possibility of continuing education requirements for licensed professionals, including a comparison with other states; 4) & 5) the possibility of Farm Mortgage and Industrial Loan Guarantee programs on a statewide basis; 6) review of the recently passed State Environmental Quality Review Act, in which amendments to the Act were proposed and critiques made of various provisions in the Act; 7) revisions of the Uniform Procedures Act wherein fees and fines schedules are set for nori-compliance with regulations of the Department of Environmental Conservation; 8) Open Meetings Law of New York State analyzed for loopholes and necessary revisions for the N.Y. State Assembly Committee on Public Access to Records; and 9) Constitutional analysis of the Federal lUnemployment Compensation Act provision forJocal government funding programs. These projects have been photocopied and are on file in the BLP office, Room 724. Elections were recently held at a general meeting and Dan Kohane was elected Director, and Joanna (Coco) Gozzi was elected Managing Editor. The following people Were'also elected as Project Editors: Marc Ausfresser, Tom Bender, Linda — Beyer, Jeanne Graziani, Ellen Krebs, and Joann Parry. BLP will be undertaking research on seven projects this spring semester. They include: 1) Legislative alternatives to prevent chain type supermarkets from charging higher prices in low income neighborhoods; 2) Legislative alternatives to prevent consumer fraud in home improvement repair; 3) Constitutionality of new federal legislation establishing right of federal government to establish radioactive waste depositories in areas without state and- local government approval; 4) Suggestions for possible reform of the Justice Court System will entail research into local justice court systems of other states; 5) Procedure for Merit selection of justices of state courts needed as a result of recently ratified amendment to state constitution; 6) Rules and regulations needed for sale 'of wine in grocery stores; and 7) Coordination of urban development programs on federal, state and local levels to produce a comprehensive development program. Many of these projects will entail drafting of proposed legislation. Students with particular interest or expertise involving any of these areas of law are urged to contact the members of the Project, and make any contributions that may be of help in the research undertaken this semester. The BLP office is in 724 O'Brian and office hours are kept — daily. VOTE ■■■■■■■■Mamma March 2, 1978 �Learning "la gioia" of pasta-making by Paul Suozzi When most people think of Italian food, they think of pasta, and with good reason. With all the different sizes and shapes, and the endless ways to prepare it, it is no wonder that pasta begins most Italian meals. No one seems to tire of it! I spent 4 months studying in Siena, Italy, and the family l_jjyjfd with ate pasta every day I was in heaven! But~rny most satisfying experiences with pasta began when I returned and started making my own. Why bother to make your own pasta? To anyone who has ever experienced the pleasure of making and eating homemade pasta, the answer is obvious. This is not to say that you cannot buy good pasta in a store. Commercially packaged pasta is made with flour and water, and it is the flour you must watch. If the box reads "made from durham wheat," you can be sure that the pasta will keep its character while cooking, and taste good.' On the other hand, pasta fatta in casa (homemade pasta) is made with all-purpose unbleached flour, a pinch of salt and eggs. Also called pasta all 'uovo (egg pasta), it is the eggs that make it the lightest, most delicate of all pasta. Besides being cheaper than the packaged variety (about $.30 per lb. as compared with $.50), the process of making pasta all 'uovo is a reward in itself. Not difficult to learn, I have always found it to be a relaxing diversion from the tension and tedium of my schoolwork. Not withstanding all of the above, the biggest reward is the culinary delight of eating the fruit of your labor, accompanied by the many compliments which inevitably follow. — - PASTA ALL'UOVO FATTA IN CASA HOMEMADE EGG PASTA > •.».<-.- • •.. . • 5 medium eggs at room temperature teaspoon salt It is advisable for beginners to start about T Vi cups of flour, and a pinch of salt for 2 to 3 servings. This will give you practice in the pasta-making process itself, and help you to gauge just how many eggs and how much flour you will need for the exact number, as well as the size of the portions you wish to serve. Roll up your sleeves, remove your jewelry, and make a mound of flour in the center of your working area. Stirring with your fingers, make a hole in the top of the mound. Keep stirring until you touch your working surface and have turned the mound into a crater with high walls, thick enough to contain theeggs. Break the eggs into the middle and add salt. Start beating the eggs with a fork held in one hand. As the beaten eggs try to flood through the walls, your other hand should embrace the crater and keep building up the sjdes all around, bottom to top, as you simultaneously spill some flour inside. The two motions combined will make the eggs absorb more and more flour and will turn them into a thick paste. (It takes practice to do this without breaking the crater, so go slowly and don't be V* . and roll it away from you. At the end of the roll, press hard with the heels of your hands, spreading the dough into an oblong shape. Fold it over so that it becomes even more oblong. Then' lift it into the working surface. The dough is almost a ball again, and is ready for another kneading cycle. Knead the dough for about 10 minutes, flouring the working surface from time to time, until the bail of dough is smooth, golden and elastic. Your working surface should be almost spotless, (clean it up if it isn't) and you are ready to roll. Break off a piece of dough about the size of a tennis ball and pound it flat with your hands. (It's a good idea to keep the rest in a covered bowl while waiting its turn, so it does not dry out.) Flour your rolling pin, and, starting from the center, spread. the dough towards the edges. When the dough is visibly thinner, turn it by 90 degrees and roll again. Keep dusting the working surface, rolling pin and dough only as needed to prevent sticking. Continue rolling until the dough is about as thick as a dime. Put the sheet of dough to rest on a clean dry towel and roll the remaining dough. When you have finished, it is time to decide what to do with your pasta. If you are using pasta all 'uovo for fettucine, let it dry 15 minutes, flour it very lightly and fold it over and over on itself into a flat roll about 4 inches wide. Using a very sharp knife, cut the roll in Va" strips, shake out and dry. If you are using it for lasagne or manicotti, let the pasta dry 15 minutes before cutting and then spread it out on a dish towel for no more than Vi hour before cutting. This larger cut becomes more brittle if dried too long so that it breaks easily and spoils the layering and filling. — You will need a clean flat surface (a kitchen counter, pastry board or table) no smaller than 24" by 24", a forjc, and a rolling pin, ideally no shorter than 24". In measuring "your ingredients, the Italian rule of thumb is one medium egg and a scant J/i cup of flour per person, but note that the average Italian portion could be considered generous by American standards. Also, as the number of servings increases, a process of de-escalating takes place, i.e., a 6-egg batch for 8 servings, a 7-egg batch for 10, a 9-egg batch for 12, etc. Therefore, to serve 6 American portions you-w.il I need:.. 3 Vi cups all-purpose flour to knead the ball of dough. Everyone develops his/her own technique for kneading, but the standard one is to push the ball of dough down with the open palms of your hands ._ discouraged.) When the paste becomes too difficult to continue with a fork, flour your hands and work the paste into a real dough. Keep on flouring your hands and the work surface until the dough can't absorb any more flour. If your ball of dough is too hard, flaky and in general doesn't want to amalgamate smoothly, it means that more flour has been used than the eggs .can absorb. Add a little water, a few drops at a time to correct the balance. Do it when no one is looking, because jrus procedure is scorned by professionals. No one else will know the difference. At this point, you'll have some flour left over (the quantity depending upon the size of the eggs, the quality of the flour, the moisture of the room, and other variables), but it won't be wasted. Push it aside and scrape your work surface clean of loose or caked dough. This is the time to clean your hands if they are sticky. (Also it is a good idea to sift the remaining flour to remove any small rubbery pieces of dough that may hamper kneading and PASTA VERDE/GREEN PASTA Green pasta, often called spinach pasta, is made the same as pasta all 'uovo but with fresh or frozen spinach substituted for 1 or more eggs, depending upon how many servings are made. A recipe for 6 servings of fettuccine verdi or 12 servings of lasagne verdi includes: 3 Vi cups all-purpose flour 3 medium eggs at room temperature 10 punces.fresh -or frozen spinach , 1 teaspoon salt If you are using fresh spinach, wash and remove the stems. Cook the leaves briefly, in as little water as possible, with 1 teaspoon salt. Drain thoroughly, pressing the spinach against the sides of a sieve, or wrap the cooked spinach in a dry piece of cheesecloth and.squeeze dry. Mince the spinach thoroughly with a sharp knife on a cutting board until it is practically a paste. If you are using frozen spinach, cook it in boiling salted water, drain, squeeze dry as above, and mince finely. Now proceed as with pasta all 'uovo, making a crater of flour and breaking the 3 eggs into the center. Then add the cooked, minced spinach to the eggs. (Ten ounces of spinach boils down to about 4 heaping teaspoons of spinach about the volume of 2 eggs.) Pasta verdi has a few idiosyncrasies you should know about. The dough takes a little longer to absorb the flour and get to the handworking stage, and a bit longer to roll. The green may not be the same throughout at first, but as you knead and roll it the color becomes uniform and the pasta gets as smooth as heavy silk. You'll be amazed at the texture which is a pleasure to touch. You can cut and use pasta verde as you would pasta all 'uovo, and mixing the two kinds in the same dish is pleasing to the eye as well as the palate. , . , •, — Now that you know how to make pasta, it would be a disservice not to tell you the proper way to cook it. An old Italian saying sums up how important this is: "The death of pasta is to boil it; it can go to hell or paradise in the process." (The following method applies with either homemade or packaged pasta). It is essential that you have a pot big enough to contain at least one quart of water per serving of pasta, a long wooden fork or spoon, and a large colander for draining. (Always use at least 3 quarts of water even when only 1 or 2 portions are cooked). First bring the water to a rolling boil (always cover the pot tightly to speed the process), then add 1 teaspoon of salt per quart of water, which will make the water boil more vigorously (because salt water has a higher boiling point). Now that the water is boiling briskly, add the pasta, a portion at a time, to minimize the cooling of the water. Stir gently to avoid sticking. (Always usea wooden rolling). utensil since metal tends to conduct heat out of the surface, and working begin flour your hands and Now March 2, 1978 water). Bring the water back to a full boil quickly by covering the pot. Once it is back to a full boil, uncover and stir gently. Cooking time varies from 7 to 8 minutes for thin spaghettine to 12 to T5 minutes for the sturdiestrigatone. It is usually a little less than that recommended by commercial manufacturers. Homemade pasta is lighter and more sensitive, generally taking 4 to 5 minutes. It also floats to the top of the water when almost done. But when is the pasta done? In answer I will quote the words of Margaret and G. Franco Romagnoli from their book, The Romagnoli's Table (from which these recipes come). "The main goal is to cook it al dente. Some sort of literary prize should be given to the poet who can describe pasta al dente. The term means it is bitable but not raw, can be felt under the teeth but is neither crunchy nor rubbery; it means that each piece of pasta retains its individuality and texture, yet is just tender enough to please al dente, that is what you must achieve in cooking, and the only way to find out when it occurs is by testing." The next question is how do you test? The Romagnolis say that in Naples, the cook would take a piece of pasta from the boiling pot and fling it at the tiled wall; the pasta, when al dente would stick to the tile for the count of three, then drop to the floor. If it didn't stick, it wasn't done yet; if it stuck longer, it was overcooked, and the cook would commit suicide. This kind of testing is not recommended. What you do is periodically fish out one piece of pasta, blow on it gently, and bite it. (Al dente means, literally, by the tooth). The al dente stage will make itself known. While this is going on, have a large colander ready in the kitchen sink. Pour in the pasta water slowly at first, and when most of the water has been poured away, dump in the rest with the pasta. Then put the colander over the empty pot, and continue draining. This lets the hot water drop into the pot and allows the escaping steam to keep the pasta warm in the process. Do not rinse with cold water! (The one exception is that lasagne or manicotti can be briefly rinsed with cold water to aid in quick handling). When the pasta reaches the al dente stage there is no time to waste. It should be drained and combined immediately with a waiting sauce, served and eaten. ... .No.master howit-is/served, your homemade pasta is sure to please everyone. Don't be surprised if, in the middle of the meal, one of your guests turns to another, slaps him on the chest and says, "Buona, eh?" Buon Appetito Editor's Note: This article marks the beginning of a cooking column in OPINION." GRADUATING f I ,£ > . SENIORS: Thurs., March 2nd & Fri., March 3rd will be the last days to order your caps & gowns. Please make checks for $12.00 payable to E. R. Moore Co. Those who do not wear gowns will not be able to participate in the full ceremony. Ramsey Clark has agreed to speak at the Law School Commencement scheduled for Saturday, May 27 at 1 130 p.m. at Artpark. 7 �First Annual OPINION Senior Survey Results of Opinion's First Annual Senior Survey The following results are based on approximately 35 responses which have been edited for meanness by the American Society for the Prevention of Cruelty to Law Students and Other Animals (ASPCLSOA). Runner Up for Best Briefcase Enoch Arden Award Winner PHYSICAL CHARACTERISTICS Best Dressed T. Agello, D. Saleh, I. Schall 2. Most Youthful Appearance T. Cook, S. Sholes 3. Most Dramatic Hairstyle Change J. Samuels 4. Most Neanderthal K. Reidy 5. Most Likely to be Roasted for Thanksgiving Look in the mirror! (Gobble, Gobble) 6. Best Briefcase C. Johnson 7. Best 5 O'Clock Shadow N. Guardi 1. 6. Dinner/Class Turkey *™ r Class Couple D. Winn & Grat.Trans. 7. Worst Humorist B. Brockway, E. Giller 8. Diarrhea of the Mouth Award There were too many names to print. 9. Most Humble G. Williams, D. Winn 10. Class Cheerleader C. Kac/marek WHERE ARE WE HEADED 1. CLASSROOM BEHAVIOR 2. 1. 3. 2. 3. 4. 5. Most Unprepared N. Cartusciello Most Compulsive Worker S. Polowitz Most Comatose L. Zuckerman Most Perfect Attendance / Enoch Arden Award M. Feinrider Class Leader T. Murphy, J. Simson 4. 5. 6. 7. Most Likely to Sell Used Cars A. Klein Most Likely to End Up Managing the Yankees B. Martin, M. Schwartz Most Likely to Sell Insurance Censored Least Likely to Settle Out of Court Hie Nastase Most Likely to Forclose on the Poor Widow's Mortgage S. Meisner Most Likely to Chase Ambulances M. Regenbogen Most Likely to Remember the Rule Against Perpetuities A fter the Bar Exam is Over B. Brockway Didonc, Ou est la Bibliotheque? Editor's note: In the November j edition of the Opinion, last semester, Mike Schwartz (on Sports) solicited humorous columns on the sporting world. This article, along with a few cobwebs, was found in Mike's box. As Mr. Schwartz is presently occupied offering his many talents to aid the spring training of the ailing Red Sox, we bring this article, special to the Opinion, for all you sportz fans, from thepages Of the Snow Bunny Rope Tow and Multiplication Society Law journal. the activity for a year, and after exercising their muscles in preparation for almost that long, they agreed to go. They have asked not to be named, but in the moved on to continue their search. When we attempted to rent the ski is, my friends were reluctant to reveal their weights best law school tradition of and shoe sizes. Motivated by their disclosure they have consented to strike out with the foreigners and being identified as 027-31-4028 the obvious good looks of the ski and 151-42-7104. shop attendants, they eagerly unzipped their ski jackets to Skiing with two such reveal their phone numbers seductive law students is thrilling emblazoned across theirchests. enough, but I was totally We moved out on to the trail. unprepared for what lay in store. No sooner had I left them alone, I, with my vast experience, then they were approached by intelligence, savoir faire, athletic two foreigners who were ability and expertise, proceeded obviously graduates of the to give them a three minute lesson It has taken me three years to Indianapolis Academy of the (that's the funny part) in proper take advantage of Western New French Accent After inquiring if technique. Though I tried to the women were ready to have explain the importance of formal York's greatest natural resource snow. Last week I traveled to the some fun, the foreigners stated instruction, my companions were Alpine Recreation area to that they were searching for two firm believers in learning through introduce some female friends to "fine American foxes with large experience. Female No. 1 the sport ofcross country skiing. I American breasts." After immediately set off in hot pursuit had been praising the benefits of scrutinizing my friends, they of a tall nordic type, obviously - 8 loaded with experience. In the meantime female No. 2 created her own excitement by meeting nature face to face. While moving down the trails I heard a yell and looking back, saw my companion kiss a tree. Although she remarked ttiat it was the hardest tree she. had ever met, she confessed that "it hurt so good." As we headed home, my companions and I reflected on the events of the day. Bone weary Female No. 1 relieved her glorious moment on the trails, while No. 2 nursed those parts injured in her close encounter with the mighty oak. As my friends left my car and bade me farewell, they assured me that after a hot shower they would be heading for bed. On the basis of various reported sightings, I deducted that they had instead stumbled into CPG and were hoisted onto two bar stools. In their usual discrete fashion, they flailed their arms at the handsomest bartender. He seemed somewhat surprised to see their trail passes hanging in their teeth when they opened their mouths to order cocktails. They later explained that their stylish display was motivated by a desire to impress that gorgeous tall bartender with the dark hair and beard, who apparently only works on Friday night, and who usually wears a black vest. (If he is reading this column and is interested he should contact the Opinion office forfurther details.) When asked if they were interested in further skiing adventures, the females replied, "Well we've heard it's pretty nice on chairlifts." As we faded into the darkness, a French voice could be heard in the distance, "Didonc, ou est la bibliotheque? March 2, 1978 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-03-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/2/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dc795938d18b85a5b7f8b0e56a6d548c.pdf d4e8ab9efd9bb1c60982f6fb248735dd PDF Text Text Non-profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Opinion Volume 18, Number 8 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law March 16, 1978 Phone Abuse Found SBA Investigates Long Distance Calls by Jason Poliner and Bill Brooks In the March 2, 1978 issue of Opinion, Gary DeWaal submitted a campaign statement in his bid for third year director. In that statement, DeWaal commented: "Indeed, along with another director, I uncovered a tremendousabuse of the students' trust the use of the organization's telephone for private, long distance phone calls by officers and directors to the tune of over $300." The statement triggered an investigation by Opinion, theresults of which appear hereand elswhere in this issue. The Treasurer of the Student Bar Association, Madeline Bernstein, took office in October, 1977. During that month Bernstein paid the SBA telephone bill for the months August, September and October. She informed Opinion that at that time she was new to the job and had no reason to suspect any improprieties and therefore saw no reason to scrutinize the telephone bill. In January, Mike Buskus, then a second year director, inadvertantly discovered the phone bill for the months of .November, December and January. Buskus called these phone bills to Bernstein's attention in light of the exhorbitant size. Bernstein claims that at the time Buskus presented her with the phone bill she had not yet had the opportunity to examine the bill. Bernstein, along with the support of Buskus and DeWaal, presented the situation before the SBA at the January 23 meeting. The SBA formed an investigative committee consisting of Buskus, — rondi chovis SBA Phone Bill $300 Last Summer by J.R. DrexelKis Opinion has discovered that long distance phone calls totalling almost $300.00 were made on the student government phone in a single 30-day period last summer. Madeline Bernstein, who conducted an investigation of the abuse of the SBA phone, claimed she had no authority to look past the school year. Bernstein, who replaced Jeff Licker as treasurer when the latter was elected President of the SBA, said, "The first phone bill I dealt with was November-December." Bernstein said that when the SBA Board of Directors authorized her to investigate the phone abuse she began her inquiry with the August September phone bills. "We drew a line," Bernstein said, "No one had to pay back before August" Bernstein felt it wouldhe unfair to make people pay back money for the summer months: She argued that since the calls were part of another person's administration, she felt no compulsion to look at the earlier bills. Opinion has evidence indicating that an additional $287.00 in long distance phone calls were made during the fiscal year 1977-78. These calls were made in July and early August Most of the calls were made to a particular number in Lowell, Mass, and a Yale University dorm room. Newly-elected President Andrew Cosentino admitted that his wife had made calls over the summer to her mother in Lowell. The calls totalled over $90.00 Mr. Cosentino, a Yale graduate, claimed he knew nothing about the Yale calls, but would check with his wife to make sure she did not make the calls. Cosentino said he called Jeff Licker, former SBA Treasurer, in the summer at Licker's home in Queens. He also said he had called his home in Valley Stream, N.Y. on occasion. However, Cosentino claimed these calls were on SBA business. "Correspondence meant for me in Buffalo was being sent to Valley stream," the former SBA secretary said. He indicatedthe calls he made to Licker were all on SBA business. Cosentino disagreed with Bernstein's assessment of the situation. "Nobody realized thefiscal year started in July. These bills should have been included," he said. "The worst thing about the jury bill is that through oversight nobody checked the bill," the new president stated. Cosentino said he would repay the calls his wife had made. "I have nothing to hide. IH pay whatever I have to pay. I'm responsible for Eileen'scalls to her mother.1' continued on page ten - — DeWaal, Bernstein and SBA President Jeffrey Licker. At this time, according to Bernstein, no persons were being implicated. After-the Treasurer's presentation, and lengthy discussion and argument, the program set forth below was approved by the SBA and recorded in its minutes: (1) To curb future abuse of long distance calls, no calls are to be made without the approval of Jeffrey and/or Madeline. At the end of each month, Gary DeWaal and Mike Buskus are to review these permissions for irregularities. (2) Gary DeWaal and Mike Buskus, together with Madeline and Jeffrey, were appointed a committee to investigate the calls that had been made. (3) For the purposes of this investigation, the bills from September through present are to be reviewed, and Madeline Bernstein is to turn same over to the investigating committee. (4) Should any individual come forth and make restitution for any calls made on the SBA telephone line during this period within a period of the next several weeks, when the investigation will be carried forth, and should payment for .such calls be made, the matter will be handled privately and no public discussion or charges will be raised relative to that "individual." On February 2nd, the results of this investigative committee was presented. The committee determined that personal calls were being made on the SBA telephone. They noted further that a large number of the personal calls were claimed by continued on page eleven — Election Results are Validated; Old Board Listens to Criticisms By Kirn Hunter In a sweltering and often outgoing SBA administration ratified the results of last week's elections and turned the reins of power over to the newly elected board. 30 or so board members and students crowded into rm. 213, where the temperature was at least 80°, to attend the March 13 meeting that was marred by frequent outbursts and heated stormy session, the exchanges. Most of the controversy surrounding the meeting concerned allegations of irregularities in the recent SBA elections, and SBA phone abuses. The majority of the meeting chaired by outgoing SBA president Jeff Licker was devoted to the consideration of the action on three motions recommended at the last SBA meeting (see p. 9) which lacked the quorum necessary for a binding vote on the motions. The decisions on motions to be adopted were as follows: A. The defeat of the motion to appoint a committee to. investigate whether charges should be brought against Andrew J. Cosentino relating to alleged abuses in (1) his conduct of the elections and (2) use of the SBA phone. B. The passage of a motion to approve all the results of the SBA elections. C. The passage of a motion that the run-off in the Secretary's race be held on March 16 and commented that the phone issue had been discussed before in executive session and raising the issue again at this time would be subjecting Cosentino to double jeopardy. Outgoing Ist year director Charmayne Bissell then presented a petition signed by more than 100 law students-challenging the validity of the recent elections. The petition made three basic charges: 1. The poll in front of the library was not kept open during the designated hours. 2. Cosentino was in the vicinity of the polls on several occasions even though he was a candidate. 3. The ballots were counted by 17. some of the candidates in the Motion A was split up to election. consider the motion on election abuses separately from the phone continued on page four issue. Chairman Licker • - �Editorial Behind closed doors The recent actions of the former SBA administration concernir the investigation of telephone abuses and the access of the press: SBA proceedings and meeting minutes, seem inappropriate at best, and merit the close attention of the student body. It is clear that there has been misuse of the SBA phone to the tune of nearly $300 worth of unauthorized long distance phone calls made during the past fiscal year. While this fact is certainly disturbing in itself, the high-handed manner in which the SBA chose to deal with this situationadded insult to injury. The abuses were brought to light by certain SBA directors, who conducted an investigation to substantiate their belief that serious improprieties had been committed. However, this investigation was limited to calls made from September to December, 1977, in spite of the fact that their fiscal year begins on July 1, and that there was evidence of similar abuse during July" and August of 1977. It is simply not enough to say that this time period is beyond the scope of the present SBA administration. To do so implies that past indiscretions are unreachable once previous administrations have departed. This would result in situations where no one is responsible for seeing that guilty parties are made accountable to students for past transgressions. (This attitude of narrow responsibility and control is prevalent in many student organizations and threatens the continuity and integrity of these groups.) At the close of the SBA investigation, closed meetings were held to resolve the phone call issue. Apparently, many of those present at the closed meeting felt that repayment from the guilty parties was sufficient to end the matter. Opinion was rather rudely surprised by the response of several members of the SBA to our reporters' investigation of these incidents. On Monday, March 6, one editor and two reporters went to the SBA office and asked to examine some past SBA minutes. Although a director and a current officer were present, no one could locate the minutes. Nor did they offer to help. Instead, they asked why we wanted to see them. We were under the impression SBA minutes were a matter of public record and open to all students. Opinion did eventually receive copies of the minutes that were requested, but we are still troubled by the defensive response we encountered upon our initial request. Such a reaction serves only to bolster suspicions that the SBA has something to hide. We think students are entitled to know how the SBA is being run and how its funds are being spent. Furthermore, it is incumbent upon our elected representatives to supply such information. On Tuesday night, March 7, a reporter from Opinion attended an SBA meeting. To avoid his presence, members of the SBA voted to move into executive session. When the reporter refused to leave, citing the New York State Open Meetings Law (see story, page 9), the SBA decided not to remain in executive session. All this hostility is simply hard to believe. What is going on to provoke these concerted attempts to avoid public examination of SBA business? What exactly does the SBA have to fear? Not surprisingly, lawyers (and law students) like to due process each other to death. We have been told that certain matters should not be discussed on the pages of Opinion, but instead should be kept under cover. We have been asked to keep the names of the individuals involved out of print until such time as this matter can be resolved in executive session of the SBA or until the matter comes before the FSRB. We readily agree that individuals have a right to fair hearings, but this does not mean all the facts should be suppressed particularly when the information was vital to students making their choices for SBA elective offices. In addition, we have seen that confidential efforts to resolve these matters have only served to keep students ignorant of the issues involved. This state of affairs is deplorable, and we hope the new SBA administration will be more open with students and more cooperative with the press. We have heard charges that this investigation is a headhunt, and Opinion is being used as a tool by certain individuals. There is no foundation for any of these charges, and we wish to stress that all parties concerned have been contacted at great length by our reporters and have been given every opportunity to respond. - March 16, 1978 Vol. 18, No. 8 Photo Editor Editors-in-Chief Hunter Kirn John Simson Randi Chavis Staff: Bill Brooks, Mike Buskus, Tim Cashmore, J.R. Drexelius, Carol Gardner, Jason Poliner, Sheryl Reich, Michael Schwartz, Mike Shapiro, Paul Suozzi. Contributors; Female No. 2 and Anonymous Copyright 1978, OPINION, SBA. Any republication of materials herein U strictly prohibited without the express consent of the Editors. OPINION i< published every two weeks, except for vacations, during the academic year It it the student newspaper of the State University of New York at Buffalc School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The view: expressed in this paper are not necessarily those of the Editorial Board 01 Staff of OPINION. OPINION is a non-profit organization, third class postagi entered at Buffalo, N.Y. Editorial policy of OPINION Is determinec collectively by the Editorial Board. OPINION is funded by SBA fronr Student Law Fees. Composition and design: University Press at Buffalo. Letters to The Editors New SBA election requested (The following letter was sent to Opinion for have been an inducement for someone to do just that. Isn't his presence at least as much a form of publication) advertising as a sign would be? I have also been informed that Mr. Cosentino TO: SBA the ballots. Now it may be that his collected Paul Suozzi FROM: J. responsibilities as SBA secretary include supervision RE: The recent SBA elections of elections, but in a situation where the secretary is to participate I would like to bring an official complaint also a candidate, it is an abuse for him concerning the conduct of the recent SBA election in such a manner. It may be that none of his actions had any and certain irregularities involved therein. I am an effect on the outcome of the election, but in such spent to the fact that Andrew Cosentino referring inordinate amount of time at the polling place on circumstances, where the highest officer of the SBA Thursday, March 2. I personally saw him standing is to be elected, it is the affirmative duty of the SBA next to the table outside the library for about 15 officers to see that there is not the least inference of by his minutes and I have spoken with others who saw him impropriety. There is no question that in the same location at other times throughout the presence at the polling place, Mr. Cosentino has day, at least once for a period of forty minutes or violated his duty as an SBA officer. more. Since it could not have taken him more than a I thinK tnat tiie appropriate action under these few minutes to cast his ballot, there can be no reason circumstances would be to hold another election for for his continued presence. I believe there is an SBA rule that prohibits the office of SBA president. No burden would be advertising or electioneering within a certain distance placed on the SBA since run-off elections are already from the polling place. I did not hear Mr. Cosentino being contemplated for other positions. The reputation of the SBA as a viable urge anyone to vote for him while standing at the clearly could ofall law students is at stake. representative his continued there presence table, but - Director thank-you Fellow Students: Just a short note to thank you for electing me to the SBA Board of Directors. My feeling is that the SBA must be an open and democratic operation and responsive to our concerns and preferences. Given that, I hope you can find time t"o come and participate in SBA meetings and activities, and/or, on a more personal leyel, discuss Opinion March 16, 1978 m Lewis Steele Sexism seen in Opinion story To the Editors: Is Opinion so hard up for copy that its editors will publish trash just to arouse a reply? Or is the staff too busy to read its articles before they go to print? What else can explain the appearance of "Didonc, Ou est la Bibliotheque?"! This tasteless bit of trivia related the misfortunes of two female law students who go cross-country skiing with a friend(?), the story's narrator. The women are first rejected as pick-ups, because they don't qualify as "fine An\erican foxes with large American breasts," (a borrowed line from Saturday Night Live.) Then they are too embarassed to reveal their weight and shoe size at the ski-shop, because they are intimidated by the more attractive shop attendants. Later on they go to a bar where they flail their arms at the handsomest bartender and reveal trail passes hanging from their teeth. Assuming that there is a point to this story (no small assumption), I gather that it is to make fun of women who go skiing, etc., to find male companionship rather than to ski. But the messages conveyed are more offensive than that. The facts suggest that men find only women with large breasts attractive. Furthermore, the plot suggests that if women are intelligent enough to be law students, then .they are not sexy enough to be ski-shop attendants, and vice versa. Additionally, the article portrays women competing with each other for male attention. Finally, it reinforces the notion that women are dissatisfied with their bodies whenever they don't look like suntan 2 with me and other SBA directors and officers your law school concerns and feelings. On a more personal note, I appreciate your recognition that accompanying a sometimes somewhat abrasive style is a real desire to actively and positively work to improve our law school and its environment. My hope is that by working together much can and will be accomplished. commercials. The Women's Movement has spent the last decade trying to destroy these attitudes. It has tried to help women and men like their own bodies, and it has sought to erode the stereotyping of women into an exclusive role of either "career girl" or "plaything." That these sexist attitudes were incidental to the plot of the story makes it even worse; overt sexism would be easier to deal with. When sexist attitudes are veiled in the context of describing two indivfduals, readers may fail to perceive the subtle form of sexism. Perhaps even Opinion itself was innocentof just how sexist this article was. If so, I call uponthe staff to hold itself to a higher standard of care than simple good faith. A newspaper funded by student activity fees has an affirmative duty to raise its consciousness so that it can recognize even inconspicuous forms of discrimination. Debbie Norton Authors' reply to Ms> Norton: We regret .that Ms. Norton completely misconstrued "Didonc, Ou est la Bibliotheque?" In order to avoid exactly this type of response to our article, we intentionally took an extremely sexist tone in writing it. We agree wholeheartedly with Ms. Norton that overt sexism is easier to deal with than more subtle biases. It is indeed unfortunate that some of our readers were not able to laugh at our attempt to portray sexual stereotypes in their most outrageous form. Sincerely, SarahSholes, Roberta Tarshls �Carlisle send-off What's Wrong with this picture? To the Editors: The accolades and eulogies that have been pouring out since the departure of Jay Carlisle have reached the point of ludicrousness. Maybe he was too busy flying around the country on School money handing out Law School catalogues to have time to compile accurate lists of law firms in major cities. Or maybe he was too busy sending out his own resumes looking for other jobs to be able to help law students here formulate their own. When you consider the number of major law firms in New York State and the quality of this law schooL's faculty and programs, Carlisle's contribution to our allegedly improved placement position was a disgrace. Any such improvement has been the result of the quality of our graduates in spite of Carlisle's so-called "efforts." In addition his warped view of law school placement in general can be seen in his recent article in the New York Bar Journal, in which he discussed the salient issues of legal placement such as whether or not law graduates should look for jobs as claims adjusters for insurance companies. The freshmen here will probably never appreciate just how lucky they are not to have to deal with someone as inept and useless as Carlisle. Even a new placement director with only minimal typing ability would help ameliorate the past placement situation. So, Bon Voyage Mr. Carlisle. I, for one, am glad to see you go. b Seated: {Rob Ciandella - Wandered West Ted Firetog - Resigned JohnSimson Shaved - Standing: Dean Silvers Moved to Media A.D. Scoones Practicing Private Life Kirn Hunter - Protein diet a symposium PERSPECTIVES ON SWIFT v. TYSON ' friday, march 17 at 10 am in room 209 Professors Robert Gordon, University of Wisconsin Law School; Duncan Kennedy, Harvard Law School; Fred Konefsky and Al Katz, will present perspectives on Swift v. Tyson. The presentation will last until well into the afternoon. All Law students and faculty are welcome. Mitchell Regenbogen BITCH TICKETS 31.2/10/78 COMPLAINT: No reference librarian from 12:30-1:55 RESPONSE: Our reference desk is staffed Monday thru Saturday from 9:00 to 5:00. We have been very busy recently because of the legal research and writing courses and the reference librarians do take students to the shelves. If you don't find anyone at the desk, you can look in Room 218. I think you were a little off on your timing. On the day in question the reference librarian, was helping a patron on another floor. Your bitch ticket was found on the desk at 1:00, and there was a librarian at the desk all afternoon. 32. 2/10/78 COMPLAINT: How come there are no Constitutions or By-Laws of any major (or minor) Labor Unions on the shelves? RESPONSE: Union constitutions are published by the individual unions and are not generally distributed to the public. However, under the Labor-Management Reporting and Discolsure Act, all unions must keep a copy of their constitution and contracts on file with the office ofLabor & Welfare Pension Reports in the Dept. of Labor. We will try to obtain some union material for future use. 33.2/15/78 COMPLAINT: This is not realfy a complaint, more of an admonishment. It is pleasing to see that the fifth floor skylight windows have finally been repaired after more than a year since the damage was incurred from falling ice. I hope that preventive measures are being taken by the maintenance crews to ensure that ice does not accumulate to such an extent that it drops and shatters the newly > installed panes of glass, v RESPONSE: The fourth floor skylight windows have been a worry for us for a very long time. It was only when the windows blew out during a January blizzard wind that maintenance finally responded with the present solution of plywood windows. Of course, this cuts down even further but this is one of many the meager source of light problems Buffalo encounters in a building designed by architects from Texas. - 34. 2/15/78 COMPLAINT: Carrel No. 330 is hoarding books: 17 reporters and 3 law reviews. This has continued a week at least Keeping these books off the shelves and hidden is anti-social behavior. He also uses them to reserve the carrel for his own use. RESPONSE: The library does not want to start a sign-up system for the carrels on a day-to-day basis. It is a special reduce that is. only necessary for the exam period. Otherwise it is on a first-come, first-served basis. We are instituting a stricter policy on carrel cleanouts. At closing on even days of the month, we will clear out the even-numbered carrels. No note's will be honored. This will cut down on hoarding of materials and prevent the carrels from becoming private libraries. Law Revue coming Sunday - 35.2/15/78 COMPLAINT: The system of signing up for study carrels seemed to work fine during finals. Why can't it be continued? It requires a minimum amount of administrative work (i.e., placing a sign-up sheet at the reserve desk) and would probably help to keep non-law students out of the carrels. The study carrels are currently being abused by .people (esp. law students) who maintain their own "library" inside a particular carrel, keep it looking occupied and/or keep the door shut, and return to the carrel day after day. This is annoying because it monopolizes both carrels and needed books. A daily sign-up would eliminate this problem and give all law students equal and equitable access to books and quiet, study areas, and should be implemented NOW in light of the mutilation and hoarding of books by those in some Research / Writing Sections (and others). RESPONSE: See Bitch Ticket No. 34. a,._jf!m\ _T > .... i -. ■ i , . fl K____. %_5__W 3 36.2/15/78 COMPLAINT: On the fourth floor shelf near the elevator entitled "for reshelving," there are 15 shelves, with an average of 14 books per shelf, a total of about 210 books unshclved including reporters and journals. Is it possible for this to be done? RESPONSE: The reshelving in this area is done by section numbers, with a little bit being shelved each day. Our priority shelving is the primary material on the second and third floors, which is done daily. Since the "for shelving" is numbered sections, it shouldn't be too difficult to check it for a book that can't be found on the shelf. 37. 2/28/78 COMPLAINT: One complaint: on Feb. 19,1978, Sunday, there were books strewn everywhere. They should have been reshelved by a few minutes after 2:00pm, if they had been collected off of the tables before closing by the staff. I always do my part to re-shelve. RESPONSE: We fry to shelve floors two and three every day at closing. The Saturday before the date mentioned there was only one student working, so only limited shelving was done. The library has been unfortunately very heavily used by students this semester, and at times the shelving gets ahead of us. Thanks for re-shelving the books you use, it does help and is appreciated. Faculty and students will attempt to play it by ear on Sunday night, March 19. Hie First Animal Ever (It's AU We've Got) Law Revue will be held in incredibly small Talbert Hall at 7:30 PM. Admission is free arid all are welcome. ACashBar will also be appearing. March 16,1978 Opinion 3 �Case Comment: Expert Witness Fees Found Unconscionable agreed to pay the docton $700 fonhis trial appearance. The law firm then tendered a The use of expert witnesses in personal check in the amount of $350 as advance injury cases is nothing new. Neither is the payment. After verbal discussion the compensation of those witnesses for the attorney agreed to pay $700 up front with reasonable value of their time to testify in $350 to be returned if the case did not go a court of law. Recently, however, a New to trial. York court made a decision limiting the The negligence case was settled out of amount of compensation to be paid to one court. Subsequently, the attorney, such "expert" witness. plaintiffs in the present case, requested a In the case of Dormer, Fagelson, refund of one-half of the fee paid. The Hariton & Berka, P.C. v. Arthur M. defendant doctor refused; claiming that he Bernhang, 91 Misc. 2d 1011 (1977), the hadn't been notified at least 24 hours in District Court of Suffolk County invoked advance of the cancellation of the the common law doctrine of scheduled court appearance. unconscionability and ordered a reduction The doctor insisted that such advance in the compensation to be paid to the notice was necessary so that he could doctor for his agreement to testify. "reconstruct his routine for Thursday." He needed advance notice, he argued, to avoid The case arose when the defendant the loss of patient appointments. doctor, who initially treated a personal injury victim, agreed, with the attorney for The Court, however, rejected that the injured person, to testify in a theory. It first noted that according to negligence action. The victim's attorneys undisputed evidence, it was that doctor's by Mike Buskus routine practice to take Thursdays off! 91 Misc. 2d 1011,1013. The Court, speaking through Justice Kramer, pointed out that "The issues herein highlight the relationship between the medical and legal professions. Very often particularly in the field of torts their paths intertwine. In order to do justice to a client's cause involving substantial personal injuries, the attorney needs the services of a competent medical expert." Id., at 1013. — - The Court noted that several alternatives for procuring the testimony included the use of subpoenas as well as voluntary appearances. Reasoning that a system of compulsory appearance by subpoenas would probably unnecessarily waste medical time, Justice Kramer concluded that a voluntary system was preferable. Adding to his earlier comments, the' Justice concluded that: "... the extent to which the medical expert shall dictate his availability to the attorney is something else again. The attorney is not a free agent Calendar -congestion is bad enough as it is." Id., at 1014. The court then drew an analogy to the Uniform Commercial Code provisions for unconscionability of contracts. Citing to the classic case of Williams v. Walker-Thomas Furniture Co., 350 F. 2d .445, 449 (D.C. Cir. 1965), the court reasoned that the unconscionability doctrine was equally applicable to service contracts as well as sales contracts. Id. Analysis: The Court obviously had to reconcile the competing interests of economical and expeditious administration of justice with the entitlement of an expert witness to fair However, when the compensation. defendant doctor declares that he needs 24 hours notice to reconstruct a day off, then the claim for compensation escalates to the level of unconscionable avariciousness. The Court wisely declined to encourage such unprofessional conduct. court . SBA validates elections in controversial action — The petition called for new elections in the first week after the spring break. Various members of the board then responded to the charges in the petition. Chairman Licker said, "There was no rule against any candidates being near the polling place. Other candidates have been around the polls in the past." Outgoing, 3rd year Director Debbie Wright stressed that the vote counting had been done impartially and that no candidate had counted the votes in his or her own race. Wright also pointed out that the SBA had been very short-handed for staffing the polls." ''It's harder," she said, "to get people to sit at the polls than it is to get volunteers for amputations." 2nd Year Director Gary •DeWaal yielded his time to Paul Suozzi who had written a letter to the SBA questioning Cosentino's action during the election. Suozzi read his letter to the group (see p. 2 for text of the letter), but conceded his point about Cosentino's alleged electioneering since it had become apparent that during this election the SBA had no rule against such practices. Suozzi emphasized that his major concern, regardless of Cosentino's specific actions, was with the appearance of impropriety in the. election, and hastened to point out that he was not interested in making a personal attack on Cosentino. Suozzi said that he thought the Presidential election should be re-run in any event, remarking that: "I can't prove that Andy's presence had any effect on the vote, but no one can prove to me that it didn't." Suozzi's claims had also been discussed at the previous SBA meeting, (see SBA article, p. 9). Outgoing Vice President Brenda Bodenstein called the board's attention to the fact that holding a new election would only prolong problems that the past SBA administration had faced; it would delay organization of the new board and force the SBA to hold budget hearings at the end of the term. 'These problems had Opinion 4 contributed to the SBA's ineffectiveness in the past, she asserted, and urged that this be considered in the vote on the validity for the elections. A somewhat heated exchange arose over the exact times that the polls were not functioning during the election. Board members traded claims with varying degrees of proof as to when the polls were staffed and when, they were not2nd Year Director Mike Buskus felt that the "inference of impropriety" was enough to void the presidential election,especially since 'ny affects the credibility of the SBA. The credibility of the President and the SBA has been a key problem, in dealing with the students and the administration. Buskus also pointed out that there were more signatures on the petitions to re-run the elections than on each candidates petition. Cosentino then claimed a "point of privilege" to explain that Ted Firetog had 94 signatures on his petition and he had 107 on his own. Someone pointed out that this was really a "point of bullshit." Vikki Edwards urged the'board not to get bogged down in "side issues." "The SBA needs to examine what kind of precedents are being set for the future elections. The timing of the budget hearings is irrelevant." Terrie Benson then yielded her time to Debbie Wright who responded to Suozzi's statements earlier in the meeting. "Andy doesn't have to prove anything," she stated; "The burden of proof is on you if you want to be legal about it." Suozzi countered that the important issue concerns the inference of improprieties in the elections. Wright replied, "If anyone else were involved in the inference would not be so strong." Elliot Klein was recognized to speak on behalf of the petitions to re-run the elections. "The SBA is isolated from the student body," he said. "The turnout here at the meeting and the number of signatures on the petitions suggest a student concern.' If the SBA is going to have any credibility, it March 16,1978 should take these petitions seriously." "The board is taking this seriously," Licker responded, "Look at the amount of discussion at this meeting on it." Mark Pearce yielded his time to Vikki Edwards. She pointed out that the board is not bound to deliberate the issue exactly as posed by the petition. She brought up the idea that the President actually has an interest in all the election races since they determine the rest of the board, that he or she must work with. Another student at the meeting suggested that other races could have, been far more affected by the closing of the polls. The last of the 2nd year directors was decided by a difference of only 2, votes (see election results, p. 12). If the polls were closed for .only an hour it could conceivably have made a difference in that race. • Madeline Bernstein felt that if people were really concerned with the credibility and appearance of the board, the elections should be upheld. "No rules had been broken, Andy won by a large majority. We can't afford to keep re-running elections." she said. At this point in the proceedings, Cosentino began a long explanation of his actions regarding the elections. He also pointed out that, "The people bringing this complaint are those who contributed to the situation. They should be responsible and check out the facts before bringing a petition. At least, they should have spoken to me since there are serious questions as to the veracity of the facts presented (in the petitions)." Cosentino claimed that he had worked hard to make sure that there would be someone staffing the polls at all times, but last minute cancellations resulted in the closing of the polls from 1 to 2 p.m. on Friday, March 3rd. He said, "I will be the first to concede that it was unfortunate that no one would sit at the polls." Cosentino then began directing his remarks at Bissell, who had presented the petitions. He mentioned the fact that she was not even at the February 14th meeting of the SBA at which the elections were organized. Bissell responded, "I was at a National Lawyers' Guild Conference in Washington, D.C. oh February 14th.'But why are continued from page one election conduct. The next motion sparked the greatest controversy of the evening. Licker, as chairman, ruled that the issue of-Cosehtino's use of the SBA phones had already been decided so that there was no /need to consider the motion to investigate the situation. Gary DeWaal made a motion challenging, this decision that was seconded by Mike Buskus. The* motion to challenge the decision of the chair was defeated by an 8 to 7 vote, with 3 abstentions. The vote on the motion for a new presidential election was defeated when the vote of the Chair tied the voting. There was a great deal of comment and commotion on the vote and the procedure involved. Licker commented that "the Chair is very upset today. But everyone did get their chance to you turning this into an attack on me?" The Bissel l-Cosent mo exchanges became more intense when Cosentino accused Bissell of passing out petitions instead of sitting at the polls. Chairman Licker advised Cosentino to limit his remarks to the allegations against him and Cosentino then apologized to the Board and to Bissell. Cosentino continued to defend his actions, stressing that he and other board members had made a lot of calls to insure that the polls would be covered. This triggered several outbursts from board members to ihe effect that they had never been contacted about speak." sitting at the polls even though Licker was then accused by they were home at the time in several board members of question. commenting on the issues and After the Chair brought the motions raised at the meeting meeting to order, Alexander made when the Chair was expected to a motion to amend the first be impartial. A motion was made motion under consideration, to to force Licker to yield the Chair say that objections to the to someone else, but before a vote elections should be dealt with could be taken, he yielded the according to the procedures chair to Madeline Bernstein, SBA provided in the SBA Constitution. treasurer. Article VIII provides for a recall Next the board considered the of the elections on the motion of results -of the elections. The 25% of the board supported by a Presidential vote was accepted 10 referendum in which 50% of the to 9, counting a proxy. All the student body votes, two thirds of other results were validated by the whom must agree to the motion. board by wide margins except for Alexander characterized his the 2nd year race which was amendment as "friendly" and accepted by another 10 to 9 vote. noted that he had "taken a lot of personal abuse for insisting on After the voting was procedure in the past." completed, Mary Kloepfer who Suozzi spoke again, on his own narrowly lost the race for 2nd time, indicating that while he was Year Director, commented that aware of the recall provision, he she would not want to join such a had not wanted to go that route. group after tonight's performance. "Why install the president only to She wondered how Cosentino recall him?" he asked. "If Andy could accept the presidency after had real support from students, he such a showing of lack of should not have any trouble confidence in-the SBA and on the winning again." validity of the recent elections. Finally a motion was made to The board also passed the bring the matter to a vote. The motion to re-run the election for board voted 11 to 6, with 1 secretary on the 16thand 17th of abstention, to defeat the motion March. After this, the new board to investigate Costentino's of the SBA was installed. �Wide World of Torts Looking for Mr. Bitch Ticket byJohnSimson at 11:00, but also from the hidden cameras and two bay windows in the carrels. studying from until the mozzarella became too thick to read through, or because the girl next to me is describing in what might be considered an exceptional imitation of Ethel Merman singing at full pitch, her Take a look at the airport. They don't newest bikini which she just can't wear at have funny little doors that go bong! We Jones Beach next summer. What can be need Security. Well? Bitch Ticket 323 +1: You didn't answer idea." This statement attributed to my question. See Ticket No. 323 and Saktidas Roy, by an unknown and you-'ll see that you skirted the issue and unnamed informant, who shall remain didn't answer it. anonymous, is the only known public Answer: As to consenting adults, we do done about this? It is obviously ridiculous. Answer: This isn't a bitch ticket. This is a comment made by Acting Directory of not specify or limit the number -of Answer: Sue the bastards for disruption of Mr. Soundoff. Send it to WYSL and see if University Libraries as regards Samurai consenting, or non-consenting adults who your right to Quiet Enjoyment. Although they put it on theair. may join with one another in a study none of us here are lawyers we heard that Bitch Tickets. carrel. More importantly, the library will that was a good action. Speaking of good Samurai Bitch Ticket No. 32: I am verry These tickets are now Issued in the supply consenting adults if needed; action, see Bitch Ticket No. 323 As far as verry angry. I was teaching my crass in library for,those who seek to make a particularly for bridge foursomes. As to the Pizza is concerned we are very Karate Law and the Sexes when one of my complaint about some aspect of the animals, there is no preference, at least disturbed. We generally charge students a students committed honorable act of library. Many of the non-samurai bitch none expressed by the library staff for piece of the pie for-smuggling and we Benjamin Cardozo. Act where student get tickets have appeared previously on the either live or stuffed.replicas. However, I remembered a Pizza as good as a himself so ass backwards that die from pages of Opinion but to what avail? You have referred the matter, as it is one of >Bocce. As to the Ethel Merman starvation. Act of Cardozo particularly write a complaint and you get an arfswer. policy, to Saktidas Roy, the Acting impersonator, she sounds sorta cute to us. dangerous because it also confuse other But you don't get satisfaction and you Director of University Libraries, so that we You really seem to be an irrascible and students who start to say things like, "I don't get change! can have an official position as regards this. quick-tempered person. Why not try to live think it is not what the duty you think it is with these people and deal with them on not owed?" I am verry verry angry. So, Samurai Bitch Tickets differ in this Bitch 437: I was xeroxing Miss their own level, fourth floor? top here I am with my twelve students and our Ticket No. regard. Although the procedure for filing is November on a Friday night when all of a drawer???) You could have, for instance, dog in carrel No. 357 when this student in much more difficult, as will be explained, sudden someone bursts in, confiscates my challenged the undergraduate men to a best the carrel behind us starts grumbling about action must be taken by the Library within change and yells, "Aha! just as I thought, two of three falls in which the winner gets having to study his Torts alone. So we get an hour of such complaints. This is due to not law material." Though I tried to to throw the undergraduates out of the verry verry angry and send in two black thelaw ofthe samurai. explain that this was an exhibit for my library. Oh, afraid they would've beaten and blue belts to teach him a leetleKarate. paper on "Playboy's Use of Airbrushing you? We get a lot of Bitch Tickets, and this (Is my accent Mexican or Japanese?) Models as False Advertising" the person one as so many really boil down to ego Meanwhile, lam doing badly Verry started pummelling me about the head problems. Poor ego. headache, upset stomach. tense, have a s Bitch Ticket No. 32 : until I forked over all the change in my How come no Aspirin Machine in Library. Last n|jht I studied in carrel No. 356. pocket. The person not return the Bitch Ticket No. 203": I don't believe it is This is my question? did Alone! Unfortunately for me, the persons, dollar bill I had given in exchange for the proper for a Law Library to hold Disco Answer: No Reply. "This happened once and I believe there were four or more, who change and told me I could "like it or lump Dance classes,, even if it is on Friday before and we came to your door. No studied in carrel No. 35J were giggling and it." Do I have any recourse? Nights..Though 1 do admit instructors Reply." talking about consent as a defense to Answer: Go to small claims court. Serves were very good and did athemean Legal prosecution under N.Y. Penal Law you right for corrupting the'xerox Hustle, it may have been a bit noisy for Saturday Night Bitch Ticket: Hey, Like, I §205.25. I think, I may have heard a dog machine. You realize these machines do those trying to study. Will these classes mean, where do you keep, da books on barking top, though that may have been have some sensibilitiesand it's hard enough continue? Disco Duck Law? Hey, I like this place, it's from the carrel on the other side which, just getting,them to sit there andoopy dull AnsWer: Most assuredly and thank you very comfortable and it's got nice carpet for No. though ,1 didn't took', must have been Jaw materials, day after day. Show them the compliment. President Ketter wants to and you can dance to it, 1 give it an 87 355. It is very depressing being atone when some interesting stuff like this here or make sure the libraries are truly centers of Dick So anyway, I'm like, looking for such events are, as they say, being held something like a New York Times Article learning and the course was set up in the Dance sections of the Code and all I direct right out there in front of your nose, ts it and we will be hung. No Recourse!' find are these razor, blade scars and I'm response to that desire. library policy to allow more than two very angry. Very angry. So I Want to know consenting adults in one carrel? whatabout Bitch Ticket No. 90 subd. (2): I am a law Bitch Ticket No> 1109: I am a first year if any of the punk librarians rumble after animals?. Does it matter if they are stuffed student. And I am tired ofalt this bickering male law student and I don't understand work? animals? between law students and undergraduates. why people have to be so blatant. The guy Answer: We asked Saktidas Roy, Acting It is ridiculous to think that two different seated at the table next to me is wearing Director of University Libes, and he told us Answert This sounds tike one of those types of students can't get along in this one one of those razor blades around his neck we could fight on our own time if we tetters that you read in the letters to the library. I don't understand why law on a chain, and while those things used to wanted to, but that we couldn't fight on editor section of one of those porno students are so upset about the presence of be symbols of the counter culture and alt his time. I explained to him that generally magazines. You're always thinking to undergraduates in our library. Merely that, I think he's been using it on some our entire day is made of fighting, but he yourself that Someone is really making this because two eighteen year otd freshman critical taw review article that someone said that was fighting of another horse of all up and it didn't really happen. But as men (always sounded redundant) are doing already bladed. Can't the library install a another color of another country where he we in the library are very up on what goes best two out of three falls on the third metal detector on theway in? Those funny came from. Basically, what 1 mean to say is on in the carrels, not just from what we floor in front of another who is eating a gates on the way out don't do a whole lot that we don't understand a word that guy find when we search through the waste smuggled in Bocce Club Pizza which is of good. What you realty need are some says. I mean you wouldn't believe the sort baskets at 10:50 when we close the library dripping on the Federal Reporter I was guards and some machines on the way inI of stuff we have to try and interpret. "I don't like the name. I don't like thj . ... , ... Pictorial Torts Students during rush hour coming attend 8:30 classes. The path becomes so crowded it's almost impossible to identify to individuals. mfkt shaptrp WkaaaaaaWmWaWmwWamamaaWaWmmmaWMWmwmaam rmdtthovls Student attempting to enter John Lord O'Brian Hall from the front. mlkt shaplro Student still attempting to enter John Lord O'Brian Halt from the front. Thermostats set at 68 degrees provide comfort for those who enjoy temp eratures of 98 or 59 degrees depending on whether it's Thursday or Tuesday and of course how many times they've been called upon ' March 16,1978 Opinion 5 �SCHWARTZ ON SPORTZ Basketball Commissioner Tel l z All OP: "Recently this column discussed NBA violence has the violence that is so visible in mat league influenced the Michael Schwartz by play in your league?" There haVe been severe injuries to This week "Schwartz on Sportz" is fortunate to ERR: "Yes, definitely. key players have broken bands and Several players. interview Steven Errante, who is the Commissioner of as welt as a player in the Law School Basketball League. fingers." these injuries caused by,fights?" After a toog season, playoffs for the 16-team league are OP: "Were serious injuries were due to fights, but the lack scheduled to begin on April 6. In the excerpt reproduced ERR: "No has made tfteptay exceedingly rugged. Pushing of ref-fees below, Commissioner Errante not only defends himself matches are «irnrnoriptace." and shoving interests, but be has conflict of charges he a against that there a conflict of interest when the "Steve, isn't on the rote women of Of: also displays his "enlightened" views a in his own league?" player is also Commissioner ih sportdefinitely Besides, hot our team needs the "No, ERR: has Presently a third-year law student, Mr. Errante ofthe Commissioner's influence." been basketball commissioner for the last two years. His competitive edge the that the divisional alignments charges he OP: "What about by the fact that popularity in this position is evidenced your team is in the weaker received a large number of write-in votes for "Best were established so that enabling your team to make the playoffs?" Commissioner" in the recent Opinion survey. Steve division,"They are completely unfounded- My team's graduated from Andrew Jackson High School in the ERR: is more equally balanced than the other division. borough of Queens, and advanced to Hofstra University divisioncan see from the standings, our team no longer is in As you where he started on the school basketball team. He has been described by his friends as outgoing, helpful, but a bit too clean-cut. In this author's opinion, Errante's most offensive personality trait is the fact that he is a New York Yankee fan. OPINION: "As we come to the time for the playoffs, who are the present favorites to win the championship?" ERRANTE: "Team 9, the weaker team from the weaker division. The team includes Bob Fleming, Steve Gerber and Ira Goldfarb." OP: "Can you also predict the winner of the Most Valuable Player award?" ERR: "Because I don't want to influence fan voting, I would rather not say." - [Ed note: Mr. Yuhas has responded to these charges by authorized, they were stating that-while the funds were never actually approprlated.[ your league? Of" "Are there any women inyear one signed up, but then no. Last ERR- "This year, feels that the game is too office League out The chickened rough for dainty women. A team of the best womencould not defeat the worstof the men." right? OP- "But they are legally allowed to play, they disprove male if only play can ERR: "They superiority." , ->_ to step ■ down. OP; "After two years you are going to have _ .. Will you hand-pick your successor?" teamsters? The new is, ERR- "What do you think this bythepopular vote of my Commissioner will be picked _ team." , ■■__■■• _|| , challenge ~. to the OP: "I understand you have issued a faculty. Is thisright?" ERR: "That's right." OP: "Who would be on the student team? ERR: "An all star team, selected by the players." first place." OP: "Continuing the conflict of interest questions couldrr't you suspend key players on opposing teams during the playoffs?" ERR: "I have that power. Depending on the score of various games, it may become necessary to use it." OP: "Are you going to have a party at the end of the year?" rest of the Law School ERR: "Last year John Yuhas was able to get 100 dollars THIS IS A CHALLENGE to the Star Sportz softball team has been All Schwartz on The from the SBA. The money was never seen." awaiting opponents who wish to play as formed and is to the happened any party, wasn't what OP: "If there soon as the snow melts. Persons organizing opposing teams $100?" pay used it to for should contact Michael Schwartz by leaving a note at the Rumor has it that he ERR: "Ask Yuhas. Opinionoffice. a new cycle." ***** - I—■—■■■—M—i—MM—■■■—■—■■ raixtUttevis On his team: "Our team needs the competitive edge of the Commissioners influence." On Women: "The League Office feels that the game is too rough for dainty women." t Sportslaw sires racy developments by "i Mike ------- Buskus As has been noted in recent articles by Bill Brooks, the newly developing field of Sportslaw seems to suggest that rules and constitutional doctrine may (or perhaps should) be incorporated by reference to the rules of sporting events. This article will inquire into the efficacy of such judicial meddling in the field of equestrian events. Yes fans, it's Race Judicata in the lead, followed by Ez Toppel, closely followed by Preclusion. And around the bend,' it's Barpleading Merger by a neck. Around the clubhouse turn it's Day-in-CoUrt closely trailing Re-Litigate. In the closing stretch it's Race Judicata nose-to-hose with behind is Same Joinder of Parties. Close Transaction slightly ahead of Same Issues. as the dust settles And, at the wire (and the photog peels the back off the Polaroid snapshot), it'sf- Toppel winning, Preclusion placing, and Merger showing. ... Opinion 6 Record, was enjoined from participating iLocal Taxation 616, or alternatively, due to alleged bad manners at the starting tBankruptcy 202. Apparently guest gate. j\lecturers will bring in their winnings checks ■ On a separate front, Basketball (did you hear that, IRS?) and losers will Commissioner Larry O'Brien promised that 1briiig in their reams of losing tickets. Wait a minutel There is another class he would not attempt to prevent any future sporting events from occurring -on actiort brewing at the starting gate. It seems time as scheduled. In response, 34,458 that all the jockeys have gone on strike for Knicks fans buried O'Brien's car under better (bettor??!!) working conditions, development from the a late And, hot parimutuel windows. A group of angry 2,389,567 losing parimutuel tickets. immunity from liability in tort, and a bettors are muttering "sue" and "class Incidentally, O'Brien received a City of shower after eve/y race. But it appears that the horses are going action" because their would-be-entry, _,/» New York, parking ticket, which he plans He is to argue to race anyway! And they're off. 0-ery» intending to contest ultimately scratched after was Litigator, did the jockeys waive their opportunity to the betting window grabbed all their cash. pompous-immunity. Wjll these prospective litigants have a litigate their issues? Will they be precluded Meanwhile, the gleeful handieappers who opted for the 20-1 Ez Toppel instead (another?) day in court? What will be the. from bringing (or wearing a) suit agate? and why? Stay tuned Stay tuned to the next class (action). of the scratched 3-2 Late Litigator, are decision of the court734, to Law a seminar to be P.S. Late breaking bulletin on grading in Equestrian winnings at scooping (shoveling?) up their offered at this law School by a the special offerings in Equestrian Law. those same track window*. AW in a related action, the soon*to-be-named professor. It seems that Professor Jockey has given out 24 H's (for Commissioner of Wagering is talking about the Dean and Co. are recruiting from such ''horsepersonshtp"), no Q's and 3 F's intervening In the expected action because, talent-laden lands as Hiateah, Batayia (failed to Win, place or show up for the inexplicably, all the air was let out of the DQwns, Buffalo Raceway, Churchill course or the exam). What's your bet that elsewhere. Apparently, a these figures show up in the next issue of tires of his horse trailer. Apparently,, Downs, and offering to be taught by this Track & Stable Law Journal! several counterclaims (crossclaims??) may collateral professor will be Betting and More later.. .Meanwhile, another race: be filed by other bettors who think they incoming were hoodwinked when their horse, Track Wagering law 825, cross*listed as State and "And they're 0ff..." No! Wait a minute! A horse (its owner? trainer? jockey? stable? syndicate?) is claiming that it didn't have a fair chance to litigate the- issue of its entry into the "Finality of Judgments" sweepstakes. It seems that this horse, Late Litigator, is arguing that he/she didn't have his/her day at thetrack... March 16,1978 �An ALLWET Protest: Toilet discrimination flushed out in O'Brian the men don't Let Dean Headrick be put on notice that we demand three stalls for ' ■■:■ "■■ . ,'■■■■ ' • ■ ■ WOMEN: are you sick and tired of j being treated like second class citizens? Well, we think it's about time to take a stand on the most blatant discrimination te this school yet. Now is the time to organize! How many times lately have you experienced: the restroom blues? Ever have just five minutes left In your New York Practice break, or two minutes till Grat Trans,, and the line before you seems endless? And have you always just accepted it and thought that's the way it has to be? Welt, now is the time to change things. Today the vote, tomorrow die stall! ntiSeshaplra rmdlchavls Women have you ever been harassed Mow is the time for action! Don't be by men who claim you spend too much an exiting (no, that's not supposed to be After minutes of to stand up for this issue. We are male. seven afraid 'exciting') time in the bathroom to do what you have cross-examination at our entitled to complain about such blatant expert tortuous, to do? Well, we're certain that you have hereby announce the formation that the coast was sexism. We hands he confessed been. And doesn't it burn you up the way 'they' condescend to you by saying, "Gee, clear. At that, these authors risked both of ALLWET, the Association of Legal Equal Toilets. Join now it took you twice as long as it took me. life and limb for a cause we believe in as we Ladies who Want If men's room door. and unite! the administration at this burst the through Guess it's because I didn't stop to were .completely overwhelmed by university thinks it can appease us by We GOSSIP." merely installing two new towel machines, We are sick and tired of this shit. what we saw! The unfairness of it all! Are they haveanother think coming. one, We not not ready this? saw you for race. First of alt, it's not a And secondly, four, not but count We can't wait for the ERA to two, three, FIVE, not we are not all at the same starting gate. to mention the five out this mess. We therefore FIVE straighten 'em, stalls, not must be asking Right about now you the the taw demand a summit meeting with Dean in gives urinals. This men yourself, "What the hell are these two negotiate a settlement. We to do to opportunities school a ten Headrick total of talking about?" We have proofindicating the summit take place on ■propose when enter die that they what have to do they that there is indeed a conspiracy afloat in to a mere neutral compared ground; perhaps at the second floor restrooms three as the hallowed halls of this building. Only water a non-discriminatory counting *fdurttamf (not the males, however, are privy to this opportunities for us women By the way, the men have i facility. We are willing to reach a fair and sinks). three our conspiracy. equitable agreement. six sinks.* We propose a swap our couch for Right now you must be thinking, Proof.Ever try -to enter a men's room "Welt, we all know how rJoorly wiscampus three of their stalls. That couch has always and have some shprt male taw fellow say, Is designed. It is probably an innocent, amazed us. Women on the bathroom line "Hey, you can't go in there!" university-wide error." But these authors are always too busy hopping around to have discovered further proof of the deep 1 avail themselves of it> anyway. We know, Proof: Ever try to ask a man questions seed of conspiracy. Ever go over to Baldy we know the administration has a very about what goes on in the men's room and Hall? Ever notice those restrooms? good reason for locating the couch where it notice how defensive he gets? Strangely eh#gh> the men and women of did. Those sharpies on the; Board of the Education /Psychology Departments Trustees realized that a soft spot was We must say that our curiosity was are afforded equivalent opportunities to needed for those frail women who faint at aroused. Considering it our duty, we put relieve themselves, with no help from any least once per day while trying to make it aside our modesty, humility, sexual couches. After giving the matter extensive in a man's world. We aren't certain why preferences and good taste and plunged thought, we have concluded mat the law they thought women were strong enough ahead in Search of the truth. We personally school never intended to maintain an to make it from their classes all the way to visited every men's room from here to increased female enrollment. Rather, it is the restrooms. In fact, we are quite CPG. We were astounded by our findings. all a clever ruse. They accept more women surprised that they did not line the It all began late one evening as we taw students and then hope mat the hallways with couches or perhaps construct approached John Lord O'Brian. After 'pressures' will encourage them to go to O'Brian with rubber rooms to cushion our finding a choice parking spot in Lot 1, we Baldy Hall, where they'll have an equal falls. We won't accept more tokenism in cautiously proceeded to -the target area. We shot at the bathroom facilities (and then as the form of one couch and two extra towel nonchalantly stationed ourselves outside long as they are over there enroll in the machines! Nor will we be silenced into submission because we have a couch and the second floor men's room and accosted education department). : - — our couch. To ensure etpiat positions at the bargaining fountain we propose that the foil owing plan 'be imptemerited before negotiations commence. During mose hours of the day when restroom use peaks (10 am until 2 pm, when tines in women's restrooms extend Into me hallways of O'Brian), a section of me men's rooms should be cordoned off for the exclusive use of females. We would settle for two stalls, two sinks, and one urinal. If our demands are not met we shall be forced to mobilize ourranks. We need you! Can you carry a sign? Can you carry a tune? Your services are required if we are to rid this institution of the vestiges of sexism. If our demands are not met we propose the following action: 1) A massive protest rally will be staged in the first floor men's room. 2) We shall picket all O'Brian's men's rooms (from the inside, of course). 3) And, for our final action, we plan a takeover of all library bathrooms by women. We feel this is fair in that it is the only way to equalize facilities at this time. Of course, women do have hearts. If it is a matter of life and death, men will be permitted to utilize the library bathrooms. However, do not think we are pushovers. All books and other reading materials will be confiscated at the bathroom doors. We are then prepared to give each man 2.7 minutes to complete his business. (The gentleman who was clocked ai42 minutes in the seventh floor bathroom with his Internal Revenue Code ; woujd.be well advised to take note you've seen thefast of that study carrel.) — Folkstegers and placard carriers we need you! This is the time for action. ALLWET NOW'!!' P.S. If all else Ms perhaps Qean HeadricR s woutd install a take-a-number machine te the Women's restrooms to reduce the incidents of arm-to-arm combat which erupt whenever an undergraduate cuts in on the waiting line. - fkjl esdfjrdesfsfjdksdsf So as not to offend any one group, we approached the A.S.M.L.S. (Association of Short Male Law Students) and asked if they would object to being included in our article. Their little spokesperson rather abruptly informed us that we were full of shit. We replied that we wouldn't'be if we had a few more stalls to play around with. Here at the Western New Yorker by Sheryl Reich We contacted Harold "Rome" Boringus, one of the City's prominent criminal trial attorneys, and asked for some advice on Halt where If it were so, it was a grievous fault, and grevtousty hath the victim answered it... he opening statements. He told us to meet him at County was doing a short trial and where he was witting to give us a few for the defense: m pointers, by way of example. Using the facte of the CTtmte-l casethe Here, under leave of court and the rest Trial Technique this semester, he suggested the following, for for the judge is an honorable man prosecution: Come I tospeak in Bosveld's behalf I . Friends, Jurors, Buffaloniarts, jend me your ears I've come to bury the defendant, not to praise him The evil men do fives after them, the good is oft interred with their bones - So let ft be with the defendant! The aligned defense attorney will tell you that the defendant is a disturbed person He is my client, faithful and just to me But the prosecutor says he Is a crazed sex murderer and the prosecutor is an honorable man He had brought many roamers home to his place whose laughter did the general neighborhood fill Did this In Bosveld seem murderous? When that the poor have wept Bosveld hath'wept murderers should be made of sterner stuff - OPINION Spring Fling Issue April 13 All those who would like to contribute to this year's April Fool's Issue, take note! As the Ist fails during vaca- tion, OPINION will publish a Spring Fling Issue instead. All Flingers note that the copy deadline will be April 5, the Wednesday immediately following vacation. All copy should be doublespaced, and typed in 70-character lines. Deposit in the OPINION Office, Room 623. - :: \; :^; -''':-; v ,;::;.,,.. y:-'v:;: '', Yet the prosecutor says he is a murderer, and the prosecutor is an honorable man. March 16,1978 Opinion ■ 7 �Culinary Counseling PASTA: A Good Way To Start by Paul Suozzi As a raw material, pasta is unsurpassed in its versatility. There is no question that you could serve it every day for a year and never repeat a sauce. Now, I don't have 365 recipes to call on, nor would I want to burden you with all of them if I did, but I would like to relate a few of my favorites. The first one takes a little time to prepare (especially if you make your own pasta), and I usually save it for company. The other two are real quickies that can be prepared in the time it takes to cook the pasta. LASAGNE ALLA MAMMA SUOZZI Credit where credit is due, I have to give it all to my mother. Though she never wrote it down for me, nor did she ever explain the process involved, I cannot say that the recipe I use is my own. The first time I made lasagne it was from the memory of having seen my mother prepare it so many times. This is how it goes... To make a 9" x 13" pan of lasagne you will need: a 3-egg batch of pasta all'uovo (see Opinion, March 2) or, 1 lb. package of lasagne 1 lb. mozarella cheese I lb. ricotta cheese 1 egg 1 tsp. basil 1 tbsp. parsley 1 tbsp. grated parmesan cheese V* tsp. salt V* tsp. pepper 1 sh qts. of your favorite (meat or meatless) tomato sauce I purposely leave"the choiceof sauce up to the individual for three reasons: 1) Sauce is a very personal matter and everyone eventually develops his/her own formula, 2) I question the ability to reliably follow a sauce recipe, since I have never been able to duplicate my mother's, and 3) the kind of sauce you use is not crucial, as any good sauce will go well with thisrecipe. However, for those who may never have made their own sauce, this is how I usually go about it. Generally, I make a meatless sauce, started by sauteeing chopped onion and garlic in olive oil, in the bottom of a pot. To this I add 2, 28 oz. cans of whole peeled tomatoes and one 6 oz. can of tomato paste. (I put the tomatoes through a blender or a food mill to make the sauce smoother and to hasten the cooking time.) I season this with basil and rosemary, bring it to a boil, then turn down the heat and simmer it for about 2 hours (stirring occasionally). The sauce should be prepared before you put the rest of the process in motion. When the sauce is ready, put a large pot of water on to boil (at least 5 quarts). While this is heating, put thericotta cheese into a bowl, add the egg, basil, parsley, parmesan cheese, salt and pepper, and mix well. Also add one ladle of sauce to this mixture, blend in and set aside. Take the mozarella cheese, grate it coarsely (using the second largest holes on a four-sided grater), and set aside. When the water boils, add five teaspons of salt and about one tablespoon of oil (to keep the pasta from sticking). Cook the lasagne noodles until al dente {Opinion, March 2), stirring frequently to prevent sticking. Drain the pasta in a large colander, then rinse briefly withcold water to aid in quick handling. Now you are ready to assemble your creation. Coat the bottom of the pan with a thin layer of sauce. Cover the bottom of the pan with pasta after shaking off the excess water (three strips usually does it). Spread a layer of the ricotta mixture evenly over the pasta. Cover this with a thin layer of sauce, then sprinkle evenly with mozarella. Begin again with pasta and continue the sequence until" yoU have a total of four layers. Try to budget your ingredients so that you will have an equal amount for each layer. (It pays to keep a little extra mozarella in reserve for the top, since it is aesthetically pleasing and helps to cover any mistakes!) The lasagne is baked at 350 degrees for about 30 minutes or until the cheese is melted. It also may be covered and frozen for later use. (1t will take a little longer to cook after refrigeration). The yield from this pan is 4 generous portions, with The object is to have everything ready to seconds included. (There will always be put together just as the pasta is done. Put calls for seconds.) If there is any left over, five quarts of water on to boil. While this is don't hesitate to reheat it In fact, I've heating, break the eggs into a bowl and add found that lasagne holds together better the cheese, basil, salt and pepper. Beat when it has been cooked a second time. If well. Then cut the bacon into bite-sized you are in a hurry, try it without reheating. pieces and fry them in a small pan at a low (You may even be tempted to eat it for temperature. Add the garlic to the bacon a breakfast!) few minutes before the pasta is done. (If you prefer not to use bacon as I often do, saute the garlic in two tablespoons of butter or oil instead). When the pasta is./ dente, drain it and dump it into the bowl and containing the egg mixture. (It is a good idea to keep this bowl in a warm oven until this time so that the pasta will not be cooled by the bowl). Pour the bacon and garlic, then toss quickly until the pasta is well coated. Serve immediately. AGLIO, OLIO, PEPERONCINO GARLIC, OIL, RED PEPPER SPAGHETTI ALLA CARBONARA, ALLA MAMMA DEGLIINNOCENTI Literally, this is spaghetti, charcoal maker's style, though I don't know what is inherent in charcoal making that accounts for it being connected with this dish. In any case, it has been one of my favorites since the first time I tried it during my sojourn in Siena, Italy. Mamma Degli Innocent! made it at least once a week, a tradition I have maintained, largely becaus«.it VS tsp-basil salt and pepper to taste Schlegel, J. Lindgren, X- Joyce (on taxaphone), R. Bell, F. Konefsky, W. "Willow River" Greiner and Thome McCarty. This list is by no means exhaustive and seems to The pit band will feature Noel grow everyday. Guardi on bass, Bill Fanciullo on Lloyd Fair, Ted Donovan, Alan drums, Zanglein and Kaiser on Canfietd and many of the above and Kaiser on piano(alternately), have been working hard since late trombone. last semester to organize and Emcees for the show are at finalize the project. present unannounced, but are If all this is not enough to get believed to include Bruce out on the 19th, how about you Drucker, Sheryl Reich, Fred the cash bar? Konefsky, and Ralph j. Stairsteps. Admission is free. Other musical acts wilt feature Cook, jim Atleson, Tom Professor and Kathertee Ntven doing bluegrass; Helene Antet doing Bonnie $aitt material; Cheryl Block performing some "30's" numbers; and John Sirnson doing assorted. Jim Hohensee and Al Fielitz will perform duets for oboe and clarinet, and it appears that a Sha-na-na type of group may appear doing some old legal favoritest like, "You Proximately Caused My Broken Heart." Dean Headrick leads a large contingent of faculty In participating te the Revue. Other mitte shapifp by Sidney Australia The First Annual Ever Law Revueis finally coming. Sunday night/March 19 at 7:30 p.m., faculty, students and relevant other!■ will gather te talbert Halt to view the revue. The evening will feature songs, skits, juggling, and speed sheparditmg the new Olympic sports craze that's sweeping the Professor Andy Spanogle and John Simson have been working on chorus numbers to be — Opinion 8 March 16,1978 stars include This is an old stand-by, very easy to prepare, and best served with thin spaghetti. To serve four you will need: 4 tbsp. olive oil 2 cloves of garlic, chopped crushed red pepper fn a small saucepan, heat the olive oil to a low temperature and add the garlic and red pepper to taste. (It is a good idea to go slowly with the red pepper if you are not used to it, and I would advise that it be added tedjvidualiy at the table when there are persons present whose tastes you are not familiar with.) When the pasta Is al dente,/drain it and put it in a bowl. Pour fhe*hotsa#lic add oil over if, tossiightly to coat the pasta, and serve. Remember to watch the pepper! , BUON APPETITO (£4. Note: Mr. Suozzi is interested in recipes for his column. Next week, this column will be devoted to bread. Mr. Suozzi would appreciate any recipes for bread orother foods. They may be dropped offat the Opinion office, room 623.) soliciting Legal Law Revue Sunday March 19 sung by Faculty Chorus, student choruses and mixtures of the two; while Jayne Zanjdein and Bob Kaiser have been doing the bulk of arranging and accompaniment. \ * The rule of thumb is one egg, one slice of bacon and one tablespoon of grated cheese per serving of pasta (with the amount of garlic, basil, salt and pepper left to taste). To serve 4 you will need: 4 eggs 4 tbsp. grated parmesan cheese 4 slices of bacon 2 cloves of garlic, chopped / J.H. Limericks There was a young lawyer named Seagull Whose client had sinned with a beagle. "Don't worry,"she said, "Don'tbother your head You can move to a state where it's legal." - There was a professor namedKatz Who gave buthis Ds in large vatz. Though his studentscomplained. His feeling remained That they'd ali left their brains in their hatz. fin Buffalo, there sat an old Judge l#ho heldagainst lawyers a grudge. Each one is a poor. Their citations are poor. And their logic is sticky as fudge. All those not aware, shame on youI On Mareh3swilibethe Law Revue. Where else can you see True legal idiocy With professors and students on cue? PLI, BRC, 8AR/BHt or Marino Choosing one is like a trip to a casino. You canchoose alack or red, Either way you are dead. Let's face ft theBar is obsceneo. - �Research and Writing: Mixed Reaction Marks Library Abuse Meeting by Carol Gardner "A harangue." That's how one student characterized tjje February 27th meeting of the Legal Research and Writing course. Not everyone held the same view. Kathleen Carrick, a law school librarian, if a "good" meeting, because it generated direct student comments about called the law library and its services. Another student described the discussion as "a basic waste of time." One teaching assistant was disturbed by the amusement that the meeting generated. The first-year students were called together for a meeting by Professors Kaplan and Greiner and the teaching assistants to discuss the problems that had developed in the use qf the law library. Beginning in early February, the library staff noticed that numerous pocket part supplements, especially those to Abbott's Digest, were missing. Pages from the looseleaf New York Code of Rules and Regulations, as well as pages from the case reporter, had also disappeared. Caches of the Federal and New York reporters were also fouhd in carrels and in other places in the library. The librarians wanted to call the meeting in order to impress students with the severity of the problem. The teaching assistants suggested that the general meeting be delayed in order to save dass time. Instead, the instructors attempted to inform each writing group about the chavis 'andi library problems and warned their students of the possible sanctions if they were caught stealing or vandalizing any of the materials. The delay of the meeting meant that many students had already completed their research and were no longer using library materials by the time the meeting was held. This fact gave rise to one student's comment that, "it was useless because it [the meeting] was after the fact." Others felt that the meeting was still useful. The occasion gave rise to a discussion of ethics and' the. legal profession. One teaching instructor got the impression students think the law school experience is atypical and that in the "real world" everyone uses whatever means are available to get ahead. She said, "a real standard of ethics does exist and unethical attorneys find themselves isolated from the rest of the profession. Peer pressure is the only way the profession has to stay close and it is a common way .for a law school to deal with a problem." used materials fully available on the open shelves rather than putting them on reserve. McKinney's is on reserve because the librarians fear it would always end up missing. A statute was found to be razored out of one of the volumes of McKinney's. The librarians aren't sure, but they think it occurred right after the meeting with the students. Professor Kaplan said he wasn't surprised, but he was saddened. He explained that he felt the meeting was necessary because students were more likely to catch the wrongdoers than the instructors were. Some students disagreed with this statement. Their comments ranged from "it will just make those people who are doing it more secretive and more difficult to catch," to "I didn't need to be told to take action about [sic] someone who was ripping out pages. I would have done something regardless of the meeting." The meeting also prompted one student to question the ethics of the Section I faculty members" who, at the time, had not finished grading examinations. That remark brought applause from many of the students in the audience. Professors Greiner and Newhouse agreed that the tardiness in grading by some members of the faculty brought embarrassment to the rest of the faculty. They insisted that they had tried to put pressure on those colleagues to act more Ms. Carrick said, "Libraries always have the. problem of pilferage, but in a professional school, we expect students to act professionally. We're trying to help you, to igive the best services we can, to get you the materials. It's blatantly selfish or self-centered to not care about the rest of the students and the community." The librarians want to make heavily responsibly. News Analysis: . Mad Hatter's Tea Party Without A Quorum by JR. Drexelius The old Board of Directors ofSBA tried to conduct a meeting last week. The old board attempted to confirm the new board, but found they lacked a quorum to conduct any official business. The board also attempted to ban the press from the meeting in an attempt to meet in secret session. The move to go into secret proceedings failed when Opinion challenged the board's authority as violating the New York State Open Meetings Law. The new directors were aghast at the procedures and debates of the old board. They watched as various outgoing directors seemed to be talking out of both sides of their mouths. It was obvious the old board cared far more about procedure than any regard for the substantive issues before it. The newly elected board was not allowed to vote on any of the issues. They became spectators in a performance which rivaled the Mad Hatter's Tea Party for lunacy. "I would say that meeting made the Tower of Babel look like show and tell," said a newly elected board member. Jim Maloy, John Batt, and Tom Bender, all newly elected directors, issued the following statement to Opinion: ' issue, John" Batt, a new Third Year Director, raised the no illegal practices," said Shapiro, attempting to defeat his point that there were not enough old board members to constitute a quorum. There followed arguments between newly elected President Andy Cosentino and outgoing directors Mike Buskus and Gary DeWaal over the adequacy of notice of the meeting for old directors. Following the quibbling, the motion to go into executive session passed 6-1 with Cosentino and DeWaal abstaining. When the board attempted to eject Opinion's reporter, the State's Sunshine Law was invoked. The board was unprepared for this attack on its proceedings. ■ Mr. Cosentino claimed that even if the reporter stayed for the closed session, he couldn't write about what he heard. He claimed the situation was similar to the story in the last Opinion on faculty appointments. That story was censored, Cosentino said. This reporter disputed that interpretation of the Sunshine Law. [Note: The New York State Open Meeting Law restricts the reporting in public meetings of three areas; Contract negotiations, the hiring and placement of handicapped, and discussion about the hiring and firing of personnel. It does not restrict any other reporting on public meetings.] When it became clear that Opinion's reporter would not leave, and would report on everything said in the secret session, Cosentino saw no purpose for the Board to continue to meet in closed session. The vote to come out of the closed session was 6-1 with DeWaal and Cosentino abstaining. Cosentino pointed out that the Board, lacking a quorum, had two options. It could either adjourn and reconvene when a quorum of old directors was present, or it could adopt the election results on an advisory basis and let the new board approve the results of the meeting. A number of old directors felt the old board had to adopt the election results. It was finally decided the old board would meet in two-three days for the special purpose of adopting the election results. [That meeting took place on Monday, March 13; see article, page .] The board continued to conduct business. However, since it lacked a quorum, all its decisions are advisory only, "It would take only a few such meetings to turn the apathetic into seasoned cynics. Hopefully, the incoming board will be able to avoid some of the problems created by rigid adherence to the letter, while ignoring both the spirit and purpose, of Robert's Rules and the Constitution of the organization itself." The meeting opened with a request to move into Executive session. Brenda Bodenstem explained this would be a closed meeting with the press excluded. The outgoing meeting vice president claimed the purpose of this secret was to inform the new members of matters which the old board felt should be confidential. Lewis Steele, a newly elected Second Year Director, questioned the need to go into closed session without more of an explanation. "We are dealing with matters involving peoples non-binding. personal reputations," said Ms. Bodenstein. She added the and Mike Shapiro presented a motion to appoint an at this public not be made matter should o|d board felt the investigatory committee to look into Mr. Cosentino's affairs, regarding first, his conduct at the recent election new board of the and consternation To the dismay second, the misuse of funds, specifically the misuse of and motion to vote on the members, they were hot allowed to telephone funds. SBA -»the go into executive session. think the committee is unnecessary and would find "I on to vote When the outgoing board attempted own motion, J. Ted Donovan claimed, "My understanding is that the phone issue was brought up two meetings ago, and last meeting completely dealt with by the SBA." David Alexander asked someone to restate the in order to refresh his memory. He was informed that since the matter was dealt with in secret session, and it would be illegal to break the confidentiality of the executive session, he could not have his memory controversy refreshed. Alexander pointed out the ludicracy of the situation." go into executive session over this matter, how do I find out about it?" The board refused to address the issue, instead voting on Shapiro's motion. The motion to form the investigatory committee was defeated 2-2, with 4 abstentions. Mr. Cosentino asked permission to discuss the allegations made by Paul Suozzi in his letter about Cosentino's election practices. [See Letter to the Editor, page 2.] Suozzi said he was not involved in a malicious attack on Mr. Cosentino, rather he was concerned that the irregularities, no matte* how well intentioned, hurt the credibility of the SBA. Outgoing director Buskus, in a running battle with Cosentino all night, agreed with Suozzi, and put a motion on the floor to confirm all election results except those in the presidential race. Discussion followed in which it was pointed out that, if Mr. Cosentino had not been near the poll, the election would not, have happened. "Outgoing Third Year Directors did not run the election and, as a result, the job fell on me," Cosentino claimed. The new President had permission from the board to run the elections, the way he did. Most agreed the President-Elect had run the elections in an impartial way. Buskus withdrew his motion when Cathy Kaman, incoming Vice President, was successful in amending Buskus' motion to include acceptance of the presidential election results. The board also decided to hold the run-off election for Secretary today and tomorrow, March 16"and 17. As the meeting droned on into its second hour, a newly elected SBA memberobserved loudly, "Nothing has happened here tonight" Someone shot back, "Nothing has happened here in two years." And so it goes. Hopefully, once the new board meets at itsfirst sanctioned meeting, it will have learned from the old board how not to run a meeting. Since this body will probably never again March 16,1978 Opinion 9 �Sorry, wrongnumber i TELEPHONE LOG / SBA OFFICE PHONE July 17-August 12, 1977 ■• • Lowell, Mass. Quéens, New York 8:53 9:08 Sunday, July 17, 1977 Time Destination ofCali Amount Z' 6:53 Yorkstown Heights, N.Y.2.27 Monday, July 25, 1977 7:47 Lowell, Mass. Yale Information 1.57 7:43 7:53 New York, New York .67 7:55 Queens, New York 5.26 Tuesday, July 26, 1977 Lowell, Mass. 8:18 8:23 Lexington, Mass. 10.60 8:26 Yale Dorm Room* .31 Wednesday, July 27, 1977 Yale Information 3:31 20.68 Yale Admin. Office 3:32 New York, New York Monday, July 18, 1977 3:39 Lowell, Mass. New York, New York 2.36 4:41 2:50 Lowell, Mass. 2:55 Yale Information 9:03 1.80 Lowell, Mass. 3:03 Yale Dorm Room 9.32 .48 Lowell, Mass.** 3:04 .81 Lowell, Mass. 7:49 3.31 8:04 Yale Dorm Room 22.62 Friday, July 29, 1977 Yale Dorm Room 31.38 4:43 Lowell, Mass. 4:49 8:10 Yale Dorm Room Tuesday, July 19, 1977 2:15 New York, New York 2.36 Queens, New York*** 8:05 .94 8:08 Lowell, Mass. 4.81 Saturday, July 30, 1977 Lowell, Mass. 1:42 705 Yale Dorm Room 1:44 2.53 Lowell, Mass. Wednesday, July 20, 1977 3:45 New York, New York 3.42 3:54 2.13 Cambridge, Mass. 6:01 Yale Information .48 Sunday, July 31, 1977 Lowell, Mass. 7:33 3.31 7:49 Yale Dorm Room Lowell, Mass. 7:48 607' 7:50 Valleystream, N.Y. Lowell, Mass. 8:16 10:09 Yale Dorm Room 2.24 8:25 Yale Dorm Room .31 ' _ , *** . s - Queens, New York*** Lowell, Mass. , ' • , Monday, August 1,1977 J 7:45 MaSs. ■ Lowell, 8:05 3.45 Yale Dorm Room 8:24 Yale Dorm Room Saturday, July 23, 1977 6:28 6:32 . . ' 18.44 Friday, July 22, 1977 Lowell, Mass. 4:41 - .67 .45 ■ Tuesday, August 2, 1977 . 1:54 Lowell, Mass. - 1-12 ' 4.60 .48 2.46 1.83 1.80 .31 7.39 14.27, .48 9.06 .31 9.85 - 2.55 .31 5.46 .31 6.08 4.60 3.74 .52 8.82 30 24 y Tuesday, August 9, 1977 5:52 Lowell, Mass. 6:07 Valleystream, N.Y. yl Wednesday, August 10, 1977 8:02 Lowell, Mass. ■ March 16, 1978 . 3.95 • • 27 01 \ Friday, August 12, 1977 9:20 am Queens, New York 9:21 am New York, New York 10:19 am New York, New York 1.30 1.30 6.07 8 67 TOTAL Long Distance Chargés, July 17 - Aug. 12 $285 55 EXPLANATION OF CALLS: .81 4.44 1.30 17.04 5.88 28.66 * Of the 20 calls to the Yale Dorms, 19 were to the same room, the one exception was a call for $.19. All calls to Lowell, Mass. were to the same •' number. Number in Queens, N.Y., of former S.B.A. treasurer, Jeff Licker. All calls were in the afternoon or evening unless marked "am".' '** *** is holding an OPEN HOUSE Thursday, March 16 from 9:00 a.m. to 5:00p.m. . 3.10 7.42 . 1052 Thursday, August 11, 1977 8:00 Yale Dorm Room 2.67 8:12 Valleystream, N.Y. 5.80 8:34 Queens, New York*** 3.10 8:54 Queens, New York*** .67 8:59 Yale Dorm Room 11.25 9:51 Yale Dorm Room -3.52 - .19 .19 2.17 1.30 1.30 1.14 1.30 2.79 7 83 Monday, August 8, 1977 6:56 .31 Lowell, Mass. 6:57 Yale Dorm Room .31 7:0 8 2.88 Lowell, Mass. 8 :19 Yale Dorm Room 22.83 10:06 Queens, New York*** 3.91 BUFFALO LEGISLATION PROJECT Cosentino claimed he had no knowledge that his wife had made any long distance phone calls in July and August. After talking with Cosentino, Ms. Bernstein expanded upon her earlier statement to Opinion. "Jeff [Licker] and I assumed the [fiscal] year was from September to September," she said. "Basically, it is our fault Andy didn't know about the earlier bill," Bernstein indicated. An analysis of the telephone log for the 30 days from mid July to mid August indicates that almost all the calls were eithermade by the same person, or with other persons' knowledge. The calls to Lowell, Mass, were often made minutes apart from the calls to the Yale Dorm rooms. Moreover, calls to Licker in Queens and, Cosentino's home in Valley Stream were also made at the same time calls were made to Yale and Lowell. For example, on July 19, 1977, a three-minute phone call was made to Licker in Queens. The call was made between 8:05 and 8:08. At 8:08, someone tailed Lowell, Mass. Long distance-calls were made almost everyday from July 17 to August 12. On one day in July, calls totalling $31.38 were made. A Monday in August yielded a phone bill of $30.24. Opinion Friday, August 5, 1977 1:28 New York, New York 28.10 1:30 New York, New York 1:31 Yale Information Queens, New York 1:35 Lowell, Mass. 3.i2 2:20- .. — continued from page one 10 8.39 2.45 7.15 v Wednesday, August 3, 1977 2:06 Lowell, Mass. Sunday, July 24, 1977 2:20 Queens, New York 11:36 am Yale Dorm Room .19 7:29 Yale Dorm Room 11:38am Yale Dorm Room .19 8:49 am Lowell, Mass. 11:40 3.88 Bridgeport, Conn. Queens, New York*** 3.64 12:09 10.60 | Yale Dorm Room 8:04 Summer phone bill. a ' Everyone is invited to come up and /earn about BLP. Information on how to apply for membership wilt be available. Refreshments will be served. l i �Allen to teach at lowa Law School by Tim Cashmore Headrick said he would be "disappointed" if Allen decided to stay at lowa. "I think this law school has a brighter future," he said, "because of the strong faculty we're building, .of which Alien is a part" It may be the law school's nature to attract talented young law professors, only to have them leave after they have been at the State University of Buffalo for a few years. That possibility was suggested by Associate Professor Ronald Allen, who recently announced that he would be serving next year as a visiting law professor at the University of lowa after four years at ÜB. "It's difficult for the law school to match outside offers when professors become attractive to other schools," he said. Allen noted that the school suffers somewhat in regard to salaries, research money, research assistants, secretaries and library resources, but added that there has noticeable improvement recently, especially, in the areas of salariesand research money. Dean Thomas Headrick agreed that other law schools look to Buffalo for law professors. "Any law school like ours," he said, "that has concentrated on going after strong young faculty members and whose reputation among law schools is stronger than its overall reputation is a prime target for other law schools looking for good faculty members." Headrick said that the law school is getting closer to changing this condition. He said a proposal has been made to Albany for a separate salary scale for law professors in an attempt to make UB more attractive in that respect. SBA Investigation «__M*—M_B_MlHt rand I chavis In addition, Headrick wants to tie tenure to promotion, so that the granting of tenure would elevate a person to full professorship. He noted next year will see the return of two UB professors Martin E. Lybecker and Louis A. Del Cotto who left last year. Meanwhile, Allen has become the first professor of the year to announce his departure.' The fear that there could be a repeat of last when eight professors left year the law school was strengthened by the Dean's admission that "a couple" other, professors had spoken to him about leaving. He declined to reveal their names. Allen emphasized that he intends, at this time, to return to Buffalo in a year. "There's an eighty percent chance that I'll be back," he said. But he made clear that he would consider any permanent offers which the University of lowa might make. - — — - ... Secretary Andrew Cosentino. Three SBA officials If Allen is offered a position at lowa, he said there will be more factors in his decision than salary and resources atone. For instance, he will have to compare the "quality of life" at Buffalo and lowa City. In addition, Allen finds that ÜB's "schizophrenic existence for the last five or six years is detrimental. It impacts negatively on the educational mission. It removes the 'feeling' of a university setting." One of lowa's prime attractions, he said, was that it had a "campus," which meant speakers, events and major college sports. Allen insisted that he was not leaving because he was disillusioned with the law school. "This is a good law school," he said. "One of the few as good as its reputation. It has tremendous potential, a diverse faculty, which makes it interesting, and personally, I've been productive here." But, noting the failure of the state to continue construction at Amherst, he said, "there is a risk that the state system is letting its the University of best segment Buffalo go untended or, perhaps more than that, deteriorate." - - - continued from page one his wife Were actually made by Cosentino; (2) that he (DeWaal) along with Buskus had good evidence to support this position and (3) to the best of his knowledge, all phone bills were not as yet paid back. On March 5 at approximately 9:30 pm, Buskus confirmed the existence of evidence alluded to by DeWaal on March 4 and offered to furnish said evidence at a March 6 meeting to be attended by Buskus, DeWaal and Opinion reporters. In addition, Buskus said he would furnish a copy of a recent SBA telephone bill. On March 6 at approximately 2:30 pm, DeWaal categorically denied making any and all statements on March 4. Buskus said that he placed a copy of the phone bill in his SBA mailbox that morning (the morning of March 6) and that it had since been removed by someone unknown to him. The phone bill was therefore unavailable to Opinion reporters. As to the evidence alluded to by DeWaal on March 4 and confirmed by Buskus on March 5, Buskus refused to provide any detail. However, Buskus subsequently said that the information he had could be interpreted by some to be incriminating against Cosentino and that it certainly "could not help informed Opinion that DeWaal presented a motion to charge a committee to impeach Cosentino as Secretary. This motion was defeated. In addition, the SBA gave Cosentino a "vote of confidence." It appeared that a majority of the SBA was satisfied by Cosentino's explanation regarding the circumstances surrounding the phone calls in conjunction with his willingness to pay the phone bills promptly. (Opinion has recently been informed by Bernstein that Cosentino's share of the SBA telephone bill for the months September through December was 50%. which amounted to approximately $135. Others have come forth and paid for their calls. Bernstein points out that these other calls are minute as compared with those calls made by Cosentino. Cosentino confirms this point.) Cosentino's explanation was that he did not make the approximately $135.00 worth of phone calls Dec.) but that his wife made these calls. (Sept Cosentino claims that these calls were made (1) without his knowledge and (2) without his wife's knowledge that the SBA would be charged. He claims that his wife was under the impression that out-of-state calls (which represent a majority of the him." calls claimed by Cosentino) could be made on the DeWaal and Buskus were asked why they SBA phone without any additional charges to the suddenly changed their position from total SBA. cooperation to virtually complete silence. Both It should be noted that Bernstein informed suggested that the change was a result of their Opinion that to date Cosentino has paid for all of independently drawn conclusions that the Faculty the calls he has claimed between the months of Student Relations Board, and not Opinion, was the September and December, and has issued blank proper, forum to present their evidence. They checks tq the Treasurer for any calls that may appear expressed their fears that if there were to be any in future phone bills. FSRB hearing against Cosentino, their evidence, if While the majority of the SBA was apparently supplied to Opinion, might be prejudicial toward the willing to accept Cosentino's explanation that his administration of a fair hearing. wife made the calls, at least two members of the Both DeWaal and Buskus stated that they would SBAvWere not as convinced: Mike Buskus and Gary be willing to come forth with their evidence should DeWaal. said FSRB proceedings be instituted. Asof March 9, On March 4 at approximately 12:30 pm, DeWaal Cosentino indicated that he was trying to contact to this made a number of statements pertinent at possible FSRB proceedings on least Ken Joyce regarding (1) He stated: reporters. Opinion to inquiry matter. t the some of the calls Cosentino claimed were made by - ' LAW AND ECONOMICS WORKSHOP The faculty of the Law School and Economics Department announce the receipt of a grant from the Christopher Baldy Fund for the Law and Economics Workshop for spring semester, 1977-78 and fall semester, 1978-79. The Workshop will provide a forum for the discussion of research-in-progress by distinguished scholars from other institutions and the faculty of SUNY, Buffalo. The schedule for the Workshop for the spring semester is as follows: March 10: Ronald J. Allen, Law School, SUNY, Buffalo — "In re Winship: A Comment on Burdens of Persuasion in Criminal Cases." ] March 24: Kenneth I. Wolpin, Department of] Economics, Yale University "Capital Punishment and An empirical Homicide: The English Experience" study of the deterrent and incapacitative effects of capital punishment in England, 1894-1968. April 14: Henry B. Hansmarin, Law School, i University of Pennsylvania "The Role of Non-Profit J Enterprise." j April 21: B. Peter Pashigian, Graduate School ofj Business, University of Chicago "Occupational j Licensing and the Interstate Mobility of Professionals" ] An empirical examination of causes of differential] mobility across professions, in particular the substantially; lower mobility of lawyers, considering licensing restrictions, reciprocity, and the importance of the knowledge of state law as professional capital. April 28: W. Howard Mann, Law School, SUNY, Buffalo "Powell v. McCormick." Future speakers at the Workshop will include Bruce Ackerman of the Yale Law School, Richard Markovitz of the University of Texas Law School, and Richard A. Posner of the University of Chicago Law School. The Workshop will meet bi-weekly on Friday afternoons from 3:30 to 5:30 pm in Room 708, O'Brian Hall. Copies of the papers will be distributed to Workshop participants on the Monday prior to discussion. A limited number of papers will be available for student participants in Room 523, O'Brian Hall and will be placed on reserve in the Law School Library. Each Workshop participant will be expected to have prepared criticisms of the paper prior to the meeting. Faculty members and students interested in participating in the Workshop should send their names and campus mailing addresses to Professor G.L. Priest, Law School, 418 O'Brian. — — — — — - Orientation Meeting Do you remember how you felt when you first came to UB Law School? Did Orientation serve any of your needs at that time? The Orientation Committee is getting an early start this year in planning next fall's Orientation program If you have any ideas which you would like to express on this subject, or would just like to get involved in something worthwhile, please join us. There will be an open meeting for interested students and faculty on Tuesday, March 21 at 3:30 pm in Room 106. Hope to see you there. ATTENTION A Constitutional Law/Law and Philosophy group is forming in the Law School. All students and faculty with an interest in constitutional law, law and philosophy, jurisprudence, and legal and constitutional history are encouraged to become involved. A meeting will be held on Thursday, March 16,1978at 3:30 p.m. in O'Brian, Room 107. March 16,1978,, Opinion 11 �Kaman Win; Cosentino, $ Election Results \ First Year Turnout High J 3 S S 5 5 VOTES 163 65 54 282 Andrew Cosentino TedFiretog Others and Blank TOTALS 2 Vice President 2 fi k S X 8J J 3 2 Madeline Bernstein Others and Blank TOTALS Constitutional Amendment Yes No Blank .TOTALS 100% £ 34 k »1 SJ 29% 20% 9 51% 3 100% k 82 56 141 279 5 Treasurer k 23% 19% 9 51% 33% 16% 100% 145 94 44 283 Cathy Kaman David Alexander Others and Blank TOTALS _j Secretary S J. Ted Donovan S Richard Bedor* fi Others and Blank TOTALS candidate *Write-in fi t ' PERCENT 58% 172 106 278 62% 38% 100% 220 33 31 284 77% 12% • 11% 100% BJ 2 Third Year Directors (6 Elected) JimMaloy 71 65 Mary Anne Cupo 64 Tom Bender 63 Claude Joerg 52 Jeffrey Licker 51 John Batt 25 Gary DeWaal 7 Others and Blank TURNOUT: 90 72% J 71% 70% J 58% 57% J 28% J 8% 2 Second Year Directors (6 Elected) 105 Gladys LaForge 105 Bonnie Cohen 88 8 Dwight Saunders 83 1 Mike Shapiro 81 S Dwight Wells 5 Lewis Steele 78 76 Mary Kloepfer 51 Patrisha Armstrong 48 2 Jerry McGrier 6 Others and Blank TURNOUT: 168 63% 63% 52% 49% 48% 46% j 45% 5 30% 2 29% fi 4% \ S J J J S 2 fi fi VOTER TURNOUT %Class S Ist Year 1 2nd Year 13rd Year 79% J J Donovan J This J. Tedyear, as a J First Year Director I ofserved the SBA. past My greatest concern has been that the SBA work to its full capacity. For example, two SBA committees never met last term. As a result of my efforts, in I was appointed Chairman of one of these committees Student Affairs. Since my appointment, we have met, discussed student grievances, and conferred with Dean Headrick. At our meeting with the Dean, we successfully lobbied for longer library hours during the Research and Writing memo assignment. We also discussed ways of ensuring the faster grading of exams, including the possibility of administratively imposed sanctions against professors who post grades late. As a member of the Student Life Committee, I have helped organize the upcoming Law Revue show. If elected Secretary, I would continue organizing events which bring students and faculty together in an informal atmosphere. My other work on Student Life has concerned University housing. I have spoken to the Law School Administration, as well as the University Housing Director to ensure that while the University is cutting back the number of graduate student beds, the needs of the Law School are not forgotten. Amont these needs are the demand for more single rooms in Ellicott, and a ban on placing February - Turnout 168 90 30 288 Class Size 360 231 274 765 UUABCOFFEE HOUSE presents BILL STAINES "The Boston Yodler" March 17-18 8:30 pm Cafeteria 118, Squire Hall Main Street Campus ALSOAPPEARINGMIMII John simson editor-musician (he's alio very humble) Opinion March 16,1978 passed. The amendment allows the student government to appoint its own representative to Sub-Board I, Inc.. Previously, the Vice President held this post ex-officio. 77% of the students voted in favor of the proposed change, while 12% were opposed and 11% couldn't care less. In the race for Third Year Directors, Jim Maloy was top vote-getter with almost BQ% of the vote. Mary Ann Cupo, Tom Bender, Claude Joerg, Jeffrey Licker and John Batt all won seats on the board as well. Gladys LaForge and Bonnie Cohen led the voting for Second Year Directors, each receiving 63% of the vote. Dwight Saunders, Mike Shapiro, Dwight Wells, and Lewis Steele rounded out the list of second year winners. Ms. Kaman was elated when she discovered she had won the Vice Presidency. The newly-elected Veep wants to increase library services. She would like to see the SBA put typewriters and additional copying machines in the library. "I am planning on directing a lobbying effort in Albany to get the Legislature to increase TAP and SUSTA funds," said Ms. Kaman. Secretarial Candidates Bedor and 2 Donovan in Run-off; I 8 Election today and tomorrow Percent 65% 39% 11 JJ "38% TOTALS J<jp2Pgp-p^_P_o_V!_P_o_o_f_o-O_MO-0-f-iV-l'5K-K-HO-^_! 12 Andy Cosentino swept to a surprisingly easy victory over Ted Firetog in the recent SBA elections. Cosentino garnered 58% of the vote. Firetog was only able to poll 23%. Turnout was high for a student government election. 38% of the law school voted. The first year class led the way with an amazing 65% turnout. The % second year turnout was 39%, while third year fc students, obviously more interested in job hunting than in next year's student government, had the lowest turnout, a paltry 11%. A major reason for the high first year turnout 1 j may be attributed to the candidacy of Cathy Kaman, a first-year student running for the office of vice president. Ms. Kaman won the post with 51% of the vote. David Alexander was only able to pick up 33% of the vote. In the race for secretary, a strong write-in campaign for Richard Bedor has forced a run-off I between Bedor and J. Ted Donovan. Incumbent Madeline Bernstein ran unopposed and easily won re-election as SBA Treasurer. An amendment to the SBA constitution restructuring the duties of the Vice President also !VJ Cathy Kaman Andy Cosentino J. Ted Donovan students in four-person rooms. Through Student Life and my participation on the Orientation Committee, I am also trying to provide some means of finding apartments for next year's freshmen. This may be especially important if the Off-Campus Housing Office is unable to operate this summer. As a member of the Distinguished Visitor's Forum and the Mitchell Lecture Committee, I have helped to find a widerange of qualified speakers. If elected, I will use my experience in this area to better utilize the DVF budget in order to obtain even more speakers next year. As Secretary, I will continue to push for the needs of the students. I will encourage the SBA to continue in itsefforts to obtain typewriters, copying facilities, and a change machine for the law students. I believe that I represented you well during the past year. I would like to have the opportunity to continue representing you next year. Thank you for your vote. law Richard Bedor Richard Bedor The SBA should be actively involved in creating a stimulating academic environment at the law school. Acquiring additional xerox facilities and a coin changer are only minor problems. More importantly, the SBA must actively assist the administration in filling the Placement Director's position immediately. It must be involved with efforts to attract and maintain a high quality faculty. Additionally, it should consider new programs. For example, a law school speaker program should be contemplated. Running for the SBA is a serious matter. I am running for the position of secretary because I believe I can help resolve these prevailing problems more effectively than my opponent. Unfortunately, the existence of unopposed candidates has indicated a lack of confidence in the SBA's ability. I hope I can modify this attitude by proving the SBA can be effective. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-03-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/16/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f35c15f91b9b507f7f1e040815200a9.pdf 02984fc3fc5c57c3fdba93e078cf1d3f PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 —— I—— Volume 18, Number 9 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Clark's New lecturers named; Breger to stay on Bar Activities Ramsey Clark, former Attorney General of the United States, former candidate for U.S. Senator from New York, and defender of liberal causes, will address the Class of 1978 at commencement exercises set for May 27 at Artpark. The Law School has hired four new lecturers, Dean Thomas Headrick announced at theannual Law School Alumni Dinner. Headrick claimed the four new teachers' acceptance of the Law School's offers shows that SUNY at Buffalo is on the move and getting better. Headrick said Paul Spiegelman, a 1967,graduate of Columbia, will be teaching Civil Procedure and Employment Discrimination. Spiegelman is coming from a public interest firm in Berkeley, California which specializes in employment discrimination, the dean indicated. He has been in practice for eleven years, was top of his class at Columbia and has had some teaching experience as a Visiting Professor at Utah, Headrick continued. Bob Berger will teach Civil Procedure and Evidence. In addition, the Dean said, Berger may also work in the clinical areas. Berger is a 1973 graduate of the University of Chicago, and clerked for judges in the 7th Circuit. He had an "outstanding record at Chicago," Headrick claimed, but admitted the new man had no teaching experience. Headrick said Michael Schaeftler, an Israeli, has been hired to teach Corporations. Schaeftler received his law degree from Hebrew University and recently graduated from Michigan with his J.S.D. He has been practicing law in Chicago, the dean stated. Headrick also said that Marshall Breger, a visiting professor from the University of Texas, has decided to accept a three-year -appointment at this law school. Breger is the "first person we've stolen away from a big law school," the dean gleefully noted. Headrick said that all the new lecturers had been appointed to In addition, On April 21, Clark will discuss the proposed changes in the federal criminal code currently before the House of Representatives, already passed by the Senate. The discussion will be held in the Moot Court Room at 4:30 p.m. Clark is becoming a familiar figure around the Buffalo area. Last semester, he crossed the Peace Bridge with Bruce Beyer, the Vietnam war resister who was returning from Canada to face prosecution for draft evasion. Clark, who accompanied Beyer as his defense counsel, also initiated the prosecution against Beyer as Attorney General under Lyndon B. Johnson. Clark's ironic prosecution of draft evaders was one of the few departures from his general liberal career. As Attorney General under Johnson and John F. Kennedy, he brought about progressive changes in the areas of civil rights and criminal procedure. He supervised the drafting of the 1965 Voting Rights Act and the 1968 Civil Rights Act and helped steer the two through Congress. Later, he argued in the Supreme Court in support of the government's open housing program in Jones v. Mayer. In the area of criminal law enforcement, Clark April 14,1978 helped create the Law Enforcement Assistance Administration, worked for passage of a strict gun control act, and proposed prohibition of electronic surveillance and the death penalty. Since Clark's departure from the Justice Department in 1968, he has acted as a defense lawyer in several celebrated cases. In Buffalo, he defended Charles Pernasalice in the Attica prison prosecutions. He has represented Father Philip Bcrrigan, Kent State student president Craig Morgan, and the Alaska Federation of Nature, for whom he secured one of the largest land settlements in history. Clark ran twice for the Senate from New York. In 1974, he lost the general, election to incumbent Jacob Javits andtn 1976, he lost the Democratic primary to the eventual victor, Daniel P. Moynihan. Clark is a director of the American Civil Liberties Union, past president of the Federal Bar three-year terms. Association", and a member of Amnesty International Opinion will do detailed profiles on-the new teachers in its next and the NAACP Legal Defense Fund. He currently issue, along with an update on the status of some of the present law law in New York City with the firm of practices faculty. Clark, Wulfand Levine. ' Sightchecking at the Law Revue by "Pan 'em all" Canal When asked to point out the real J.H. Schlegel, Karl Llewellyn, played by none The First Annual UB Law Revue has other than Schlegel himself, replied, "How the fuck should I know?" has witnessed in quite a while, and This reviewer feels that the above skit absolutely everyone who attended knows must have been inspired by the Marx why. Brothers' movie, Animal Crackers, in which There was standing room only in Chico says, "he thinks I look alike." The Talbert Hall on March 19. The beer-happy parallelism and subtle symbolism are crowd received every act enthusiastically, obvious here. giving many performers standing ovations. Faculty Squares, loosely based on the It is rare indeed that one sees the law Hollywood Squares game on TV, starred school community in such high spirits. It Professors Atleson, R. Bell, Greiner, Katz was a most welcome change. [in absentia], Konefsky, Lindgren, For those of you who were too busy Schlegel, Breger played by Ira Goldfarb, hiding under rocks or in the library to and Dean Headrick. The show included show up, here is a run-down of some of the such star-stumping questions as "what does highlights of the show. it mean when the contractions are two minutes apart?" a labor law query Dean Tom Headrick's opening directed at Jim Atleson. The law student monologue as the dope smokin' dean of contestants had to decide whether or not our very progressive law school delighted each professor gave the right answer to the audience and brought it to its feet. Just each question, just as they must decide in how progressive are we? We're so class every day. progressive that, according to the Dean, A special feature of the.show had to "all the seats have magic fingers!!" be the 1978 competition for the Nude Law The Revue featured game shows Professor of the Year Award. Contestants geared to the law school community. To were limited to male members of the Tell the Truth was staged complete with a faculty, and all winners were chosen on the celebrity panel consisting of Kitty basis of pure animal instinct. Professor Al Carschlegel, Soupy Salesschlegel and Peggy Katz won the coveted top award by a bare Casschlegel who were assigned the task of margin. Unfortunately, he was not on hand choosing the real John Henry Bellringer to receive his crown from last year's winner from threecandidates. Michael Davidson, who was also not to be the best event that the Law School ' . — Progressive Dean: Headrick has high time'addressing Revue available for the presentation. Professors Dick Bell, Ron Allen, Peter Bell, and Paul Birzon were first, second,- third and fourth runners-up, severally and individually, cowflowcowflopcowflopcowflop. Prof. Atleson received special recognition as the recipient of the Congeniality Award for the 1978 Competition. Law students must now be aware of the wealth of musical talent among their cohorts. Helene Antel, Cheryl Block, Neil Cartusciello, Arlene Fisk, and Becky Mitchell all turned in fine vocal performances. - Barry Boyer Prof. Thorne McCarty brought down the house with his stark and pelvis-twisting rendition of "Heartbreak Hotel." Yes, McCarty can really rock and roll!!! Vinnie and the Tortfeasors must also receive their due for their top-of-the-charts hit "You proximately caused my broken heart." Several members of the group had to be escorted from the stage area when several overzealous fans tried to commit intentional torts upon their bodies. The Law Revue even had its own news program staffed by newscasters Mike Shapiro, John Simson, and ace sportzcaster continued on page ten - — �To the Editors Editorial Bulletin Board Bulletin Two for the Road Although one issue of Opinion remains, this is our final opportunity to address the student body, faculty and administration. Next issue, the paper will be turned over to newly elected editors for their maiden voyage. We wish them all the best and hope they will bring the same enthusiasm that we did to the paper. Hopefully, their enthusiasm will not be eroded as ours was, by the lack of support that Opinion receives from the 'student body. For a while, we were not certain that there would be any staff to whom we could turn over the paper. Fortunately, enough loyal soulshave volunteered their time and effort to keep Opinion going. We feel that we have shown in the space of one year that we are capable of addressing issues vital to the law school with good reporting, while providing entertainment with columns, cartoons and good photography. At these times, as many as twenty students were contributing to the production of the paper. We have also had issues that were gray and uninteresting because our staff was too limited. On more than one occasion, the present editors-in-chief were ready to abandon ship. Such crises are by no means limited to the present staff, but have occurred regularly over the past five years. We have both felt we were wasting student monies by publishing the paper when no one cared enough to participate. When this point was raised with other students, the response was positive most looked forward to reading the paper. We are not convinced that this arrangement is satisfactory. Running this paper is, by and large, a thankless task, though there is some satisfaction in walking down the hall seeing students reading it* Somehow that is not enough. Putting out an issue of Opinion takes a lot of work even when staff is more plentiful. Editing, re-writing, layout and proofreading are very time-consuming. These are essential tasks, and we have learned the hard way what can happen when staff is so short that proofreading and editorial discussion are at a minimum. room. No other floor board, next to the mail there. go messages should 3) On the second floor, first and second year Several complaints have been made to me about assignment boards are available for faculty posting of the misuse of building space and bulletin boardsfor assignments only. posting materials, which is in violation of University 4) The round bulletin board on the third floor is rules. by the Financial Aid office and by the used Without cutting down too much on your Registrar. we do the me that suggest opportunity to post, let Please do not post items on the bare plaster following to bring a small measure of order to the walls, other painted surfaces or doors anywhere in process. Mailboxes for students should be built building. 1) Student organizations should post their the of the semester, ready for fall, which will the end by on the , floor materials on the SBA board (second of the present problems. eliminate some first floor Kiosk, and in the first floor student help. Please lounge. Thank you. 2) Messages from faculty and from students to Allan Canfield third should be on the posted individual students To the Editors: Revue: Canfield Compliments .. talent in the Law School, which we thought was there all along. So, you can see where the compliments belong. compliments receiving many, many have been I and about the Law Revue from faculty, students Alan Canfield staff. And, as you know, I am merely the person to who should gather the compliments and give them the real performers and task masters. For me, the entire show was fun, although it wasn't easy for us to get it together. Others already are talking about a show for next year. I call attention to Bob Kaiser and his musicians, To the Editors: to John Simson and Fred Konefsky and their To all who worked for, planned for, participated writers, and to Andy Spanogle for the faculty chorus. Bruce Drucker was such a gentleman about in, and came to theLaw Revue: Thanks for one helluva an evening and the sense our Johnny-come-lateliness, and he really put the finesse on the program. Not a performer in the show of community it brought and left for all of us to should be less than pleased with the results. Ted enjoy. There are several alternatives for the future. One is to provide Donovan was extremely helpful in organizing it as Tom Headrick Opinion editors with stipends for their work. We don't favor this, well. For me, what a pleasure it was to find that because we feel editors of Opinion should not be motivated by money, but be genuinely interested in running the paper. Another choice is to give credit for working on the paper. However, this would probably entail administrative oversight of the Direct one student (if desired) to seek Step 4 paper which might jeopardize the independence of the paper's To the Editors: or foundational funding. additional governmental viewpoint.' Time commitments would probably have to be more Ask your friends to contribute, For those who might be interested in social Step 5 restrictive and this might discourage part-time or late additions to the reform or political action, I offer the following pointing out that this is all tax deductible. staff. Finally, we can continue as usually, which is probably what will suggestion. The object is to create a "Nader-Raider" there are many additional psychological and happen. This is the easiest path to follow and takes the least amount of organization without relying upon volunteer economical benefits that will arise from having your commitment from the SBA, the Administration, and the students. We support. Step 1 Create a non-profit corporation. own non-profit corporation. can only offer our condolences to those who follow in our wake. Approximately $90. Barry Weintraub Step 2 We are certain that the new staff would appreciate any suggestions Hire college work-study students (law, UB Law Senior that you have to offer. Opinion will only be as good as you make it. X management, etc.). Approximately $120 per person. -Step 3 Direct the students to investigate areas you don't like the quality of the paper, your contribution of ideas, PS. There are other things a person can do. articles or whatever can change that. There are more abuses and of concern. complaints to investigate in the law school, but unless folks are willing to put in a little time, they will not appear in your paper. So with great relief, tempered by a little nostalgia, we bid you a journalistic adieu. Good luck to you all in whatever you do (but especially if you work for Opinion). To those who will take the helm To the Editors: as we, the United States, look upon the of this newsprint ship bon voyage! Constitution. It is the basis of their government. The Please read the following and if possible print in State of New York is depriving the people of the Six the next issue of your newspaper. It would be Nations of the instruments by which they can greatly appreciated. exercise their government to its fullest extent. April 14,1978 Vol. 18, No. 9 The State of New York obtained the Wampum The State of New York made a law in 1899, from the Indians by deception and force. The Editors-in-Chief which made them the official Wampum keeper in Wampum should be returned to the original and only New York State. Wampum is not money, but is the rightful Wampum keepers: Hunter of the Six Kirn JohnSimson Randi Chavis belts that the Six Nations use in their religion and Nations. Photo Editor government. The Wampum are the official treaties of The people of the State of New York should be Staff: Bill Brooks, Mike Buskus, Tim Cashmore, J.R. Drexelius, the Six Nations. made aware that New York State is illegally keeping Carol Gardner, Jason Poliner, Sheryl Reich, Michael Schwartz, When the State of New York became the the Six Nations from practicing fully their religion Mike Shapiro, Paul Suozzi. self-proclaimed Wampum keepers, they said that and government. We urge you to be aware and to they would carry out all laws of any Indian help in any manner possible in getting the Wampum Wampum keepers. They have failed in the following returned to the people of the Six Nations. Copyright 1978, OPINION, SBA. Any republication of materials herein is ways to be Wampum keepers. First, you have to be strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. an Indian; second, you have to"be able to recite the We at the SUNY at Buffalo have started a It is the student newspaper of the State. University of New York at Buffalo message of each Wampum; third, the Wampum campaign to return the Wampum to the Six Nations. views 14260. The Buffalo, N.Y. Campus, of SUNYAB Amherst School Law, should be present at all Six Nation meetings and If you have a similar group, would like to start a expressed in this paper are not necessarily those of the Editorial Board or postage religious ceremonies. By failing, they are depriving group, or just want some more information from us, third class organization, a Staff of OPINION. OPINION is non-profit entered at Buffalo, N.Y. Editorial policy of OPINION is determined the Six Nation of their political and religious please write. collectively by the Editorial Board. OPINION is funded by SBA from freedom. t at Buffalo. University Press Student Law Fees. Composition and design: New York State recognizes the Six Nations as a Joanne Spano separate government and are forcing a New York AmyMerrock State law on a foreign government, which is Jayne McCormlck unlawful. The Indians look upon the Wampum Belts Matthew Arlgo To the Editors: — Dean's-Delighted Blueprint for Action - - — — — Wampum return demanded — 2 Opinion April 14.1978 �Referendum delay scored To'the Editors: extent that the misuse of the phones relates to the referendum, there were enough facts presented in As many of you know, I have been circulating a the March 16 issue of Opinion, for anyone to draw petition for the recall of SBA president Andy an intelligent inference of impropriety or not. Cosentino. The SBA constitution provides, in effect, I feel that Andy Cosentino misled us with that a petition to recall the president must contain regards to the validation requirement in order to the signatures of 25% of the student body, and upon manipulate it later, as was done. I also think that the validation of the signatures, a referendum must take board has done a disservice to the students of this place within two weeks. However, there is nothing Taw school by using this ambiguity to delay the either in the constitution or the by-laws which referendum, contrary to the legitimate expectations indicates how the signatures must be validated. of the 198 students who signed the petition. Before I circulated the petition, I asked Andy to There was a lot of concern that the results of clarify the validation procedure. He assured me that the investigation might clear Andy of any all it meant was that the signatures would have to be impropriety and therefore it would be unfair to hold checked against a class list to be sure that those who the referendum beforehand. There is no basis in this signed were members of the law school. argument when weighed against the harm caused by Relying on this explanation I obtained the delay. necessary number of signatures and presented them If the referendum were held now and were to the board at the April 5 meeting. Director Claude successful, nothing would prevent Andy from Joerg and I went over each signature, checking them running again. By the time another election could be against the class list, and he. wrote "OK" on each held, the results of the investigation would be out. sheet as we finished it. "There were a total of 198 If, based on the results) the students felt they had signatures, more than enough to- meet the made the wrong decision, they could re-elect him. constitutional requirement. Instead, there is no guarantee that the I had every right to expect that the board would referendum will take place any sooner than the last move to schedule this election as the constitution two days pf classes, when most people are unlikely provides. Instead, I was told that since there was no to be thinking about anything but exams. express language governing validation, the board I'm upset with the way things have transpired, could decide how to do it. The majority of the board and I think everyone else should be. I have followed wanted to delay the referendum until the report of the proper procedures only to find Andy Cosentino the finance committee (which is investigating phone and the board playing fast and loose with them.But abuse in law school organizations) would be there will be a referendum, and when it happens the complete. It felt that such a report would be students will have the power to say they are not necessary for the students to cast an informed vote going to put up with this runaround any longer If on whether or not to recall. you haven't read the March 16 Opinion, read it. First of all, the phone abuse is not the only (There are copies in the Opinion office). And think reason why people signed the petition, and it is about how your money is being spent and how your presumptuous of the SBA to conclude that the representatives are representing you. students need the results of an investigation to Paul Suozzi decide whether or not to vote for recall. To the _ •. Phil Mclntyre and Larry Cohen, representing the International Law Society, were runners-up in the Jessup Moot Court Competition held in Syracuse. Guest Opinion by Dwight Wells In the March 26 New York Times, a story appeared under the following headline: "10 Firms to Train Students as Trial Lawyers to Improve Advocacy." The article reported on a program which will see 30 third-year law students from various New York City area law schools serve as interns with law firms. The stated goal is to better prepare lawyers for work in the courtroom. The program seems to be in response to recent criticisms by Warren Burger. Chief Justice Burger was quoted as saying that, society has been more careful about examining the qualifications of electricians and plumbers than those of lawyers who try cases in court. But how can this be true? After all, our law schools are bursting at the seams. Applicants outnumber available seats by 8-1. Each person graduating from law school must pass a bar exam before beginning practice. Certainly one would think that after our careful selection prior to admission, three years of study and admission to the bar, that lawyers would at least be qualified to try cases in court as a plumber is to replace the kitchen faucet. And yet the Chief Justice says no. An inescapable conclusion to be drawn from the article is the failure of law schools to provide even a minimal level of training in the area of trial advocacy. It is expected that as the program expands every law firm will be expected to play a role in it. But what of therole of law schools? Why can't law schools adjust their curriculum to recognize the importance of trial work? For instance, at U.8., trial technique is viewed as the easiest four credit course in the school. The six months, Wade Newhouse has managed to carve consistency of instruction varies from good to very bad. out an appropriate niche for the Law Library within level and Why has it taken until the mid and late 1970's for such a program the University library system. He has succeeded to begin? Are law schools actively pursuing an increase in experiential where others have experienced, frustration. opportunities or are they waiting for the courts to force His success has been due in large part to his keen educational change? the At U.B. many of the clinic type projects are student ability as a lawyer to focus upon substance rather and receive lukewarm if any support from the faculty and than form, and a high native talent for, and much initiated experience, in, organization and administration. administration. remaining questions are addressed to the administration of Unfortunately, the writers of the editorial placed the The U.B. Law School. Why is the criminal justice program all but form above substance. They thought only of paper disappeared from the campus? What will this law school do to begin qualifications, rather than experience, competence, training its graduates for courtroom work? How can U.B. Law School judgment and the task beforejjs in the Law Library. surviveand improve within a framework of fiscal restraint? We are grateful that this few school has had the The U.B. Law School is at a crisis point. The exodus of faculty good fortune to have in its midst a person so continues unabated, and the financial picture for the State University uniquely and exceptionally well-qualified as Wade system is gloomy at best. There are two possible reactions to the Newhouse who would volunteer to accept the problems facing the school. One is to retreat to a safe position by burden of dealing with the critical management offering typical law school education. This should insure that the problems facing the Law Library. It is unfortunate legislature will continue to fund the school at or close to its current that some of our students have, demeaned his level and that most of its graduating lawyers will not be qualified to qualifications, perhaps unintentionally, in what, for try cases in court. us, is a masterpiece of poor editorial judgment. The second reaction would see the administration, faculty and student body use the problems facing the school as catalysts for Thomas E. Headrick, Dean change. New programs and approaches can be accomplished without William R. Greiner, Professor ofLaw budget increases if there is widespread support for those ideas. Jacob D. Hyman, Professor ofLaw Recruitment of new faculty and students could be enhanced if U.B. Milton Kaplan, Professbr ofLaw Law School developed a reputation as a leader in utilizing new approaches to legal education. The time to begin is now! was made only after the law school failed to attract any top librarians for the job [see Opinion, March 2, Newhouse appointment defended To the Editors: We were astounded by your March 2, 1978 editorial with respect to Wade Newhouse's appointment as .Law Librarian. The lack of understanding reflected in the editorial was most troublesome. For the job that now faces theLaw Librarian at this University, Wade Newhouse is the best person in the nation. His appointment does not reflect administrative expedience. Rather, we are delighted that he would be willing to\step forward and devote his substantial talents td\the complex and enormously demanding task of managing a law library and building a sensible administrative modus vivendi within our intricate University library system. On this latter crucial task, most, if not all, law librarians in this country would be doomed to fail. We can point to a number of very capable previous law librarians at Buffalo, people who have gone on to head the law libraries at prestigious Not one of them public and private would be as effective as Wade Newhouse at the present time. Two of them, in fact, left here partly because of the frustration they experienced in trying to cope with the SUNY system. In the short space of Ed. Note: We regret that our editorial was misread as a criticism of Prof. Newhouse's capabilities. We have never maintained, that Newhouse was not proper for the job because he lacked the "paper qualifications." We have, in fact, praised Newhouse for his self-sacrifices in taking on the library duties. This appointment troubles us for reasons outside of the qualifications of Prof. Newhouse. First of all, this appointment certainly will not help and may even harm thereputation of the law school, which has already hada few setbacks in recent years. The Dean himself expressed this concern [see Opinion, March 2, 1978; vol. 18, no. 8, p. 6/. While Newhouse may have the situation well in hand here, those outside the school may not be convinced of this. It is important now for thelaw school to attract new and prominent personnel to avoid any further erosion of its status. This clearly must be a concern of the Dean's, since he indicated that the Newhouse appointment _ P. II- If Newhouse is not going to be a permanent fixture on the library staff, appointing him for a few years will only make it harder for Newhouse to leave, and more difficult for a new librarian to become established and successful within the SUNY system. We need Newhouse as a full-time professor, and it is not clear for how long he will be able to ride two horses successfully. While we will sincerely applaud any gains that Newhouse may make as head of the law library, we feel that his energies are needed elsewhere in the'law school, and that the law school would be better off scouting for a new librarian now. Surely any new appointee could have the benefit of Newhouse's expertise, while Newhouse could focus his considerable energies on full-time teaching. The Buffalo Model Dear Editorperson: Having completed my training on the playing-fields (battle-fields?) of O'Brian Hal), and desirous of leaving something of permanent valueto the School, I herewith present to the faculty THE PARADIGM for Law School Examinations: RULES OF LAW: 1. If a then X 2. If b then not-X . FACTS: l.aandb QUESTIONS: 1. What result? 2. Explain your answer. Fred J. Gross April 14.1978 Opinion 3 �Book Review.. Carrington: Civil Procedure Made Easy substantial body of procedure and planning aspects of law, but without initial resort to a complicated technical rule-oriented approach. Instead, based upon a thoughtful Paul D. Carrington (Professor of Law, University of survey of jurisprudential concepts of what the law is to of Law, (Professor Barbara Allen Babcock accomplish, who does it, etc., this book builds familiarity Michigan) and Stanford University and United States Assistant Attorney with relevant aspects of civil procedure by interesting General) have rewritten their first edition of Civil hypotheticals. For example, consider this hypothetical: Procedure: Cases and Comments on the Process of "You are a lawyer consulted by Painter, who desires York landmark case ofSeider v. Roth (which is, of course, Adjudication. This new second edition released by Little, litigate a grievance against Houseman. Houseman agreed to non forum conveniens affected by Shaffer). Removal and Brown and Company (Boston) in November of 1977 is a $3,000 to paint [his house. While working,] to Painter pay discussed. are also 1275 pages of scope text the out, somewhat drunk. He accused Painter within came comprehensive Finally, Chapters 8 and 9 deal with finality of Houseman sexual relations with Mrs. Houseman, pushed including nine chapters. having of judgments and complex litigation. The authors assay to The Table of Contents and the accompanying text ladder while Painter was on the top rung, cover the vagaries of class actions in a scant seventy pages. over Painter's other book from this immediately distinguishes intention to withhold payment for the work and his stated is not mentioned, except introductory sources on civil procedure. Chapter 1, "The Somehow, res judicata performed." The authors then raise problems of attachment, with a view to demonstrating that collectibility, nor merely entitlement to damages, is highly relevant to a decision to sue.'(pp. 21 et. seq.). textbook Civil authored a on "... Babcock and Carrington have Thus, the book is promising in that it is far from dull Procedure that is significantly different." and boring, as introductory texts often are. Commendably it introduces the very relevant topic of professional to draft a unified analysis attempts] ". Tribe's work responsibility early in a legal education (it is often law." of constitutional relegated to an optional one-credit course for graduating students, almost as an afterthought). Throughout, the emphasis is practical, with a view towards serving clients, rather than memorizing technical details. Fortunately, the (see page Right to be Heard," approaches the problem of getting parenthetically with discussion of class actions have avoided the dread disease of Guntherizing authors failure to discuss the started in procedural law by use of a group of real (if 1241). Similarly puzzling is the for Gerald Gunther [see, e.g. Gunthers, 9th Ed, (named hypothecated) problems. Sample problems include seemingly significant concepts of bar and merger. Law], a Stanford colleague of Babcock's), a Constitutional a authored Clearly, Babcock and Carrington have obstacles to attachment, automobile financers' self-help to malady whose symptoms include countless questions with recover security for a defaulted loan, as well as a touchy textbook on civil procedure that is significantly different more rhetoric than substance, and more footnotes than a title, first amendment scenario in which injunctive relief is from other books already published. Indeed, their textbook is so readable that this of hornbook. Indeed, this on the Process Cases and Comments " sought. selection of the book for characteristic alone commends mere What? Where is the prolix and verbose technical jargon Adjudication," suggests that much more than introductory Civil Procedure courses. of jurisdiction, "presence," and all the accoutrements of technical procedure is involved in this significant work. There are, however, some shortcomings. In theireffort Certainly, this book keeps in mind the audience that it Pennoyer v. Neffand its progeny? How could anyone start to highlight pragmatic tools, Carrington and Babcock have whom, many students, of the for. First semester law is targeted a procedure text without first defining and ordering given short -shrift to a few substantial principles of jurisdiction, venue and other forum-related have little background for procedural technicalities (but substantive/procedural aspects that would benefit highly contract law or might grasp who have some for general concepts? Obviously, Carrington and Babcock have certainly from a more in-depth treatment concerning the underlying rewritten the book on Civil Procedure, with no attempt to criminal law, perhaps from personal experience), immediately into the theory, inducting historical development. The Erie not immersed appreciate being mimic such well-recognized authorities as Cound, do /Very and the doctrine coverage is particularly cursory. Although the Friedenthal and Miller (a competing text published by- prolix and puzzling purview of Pennoyer v. authors have included the classic post-Erie cases '(e.g., accompanies often amorphous jurisdictional miasma that West Publishing Company). Guaranty Trust Co. v. York, Hanna v. Plumer), the The second chapter also marks a radical change from the beginning of Civil Procedure texts. That point- comments and questions in this "area lack the depth of precisely significant accomplishment to what is the most the standard ambit of introductory civil procedure works. continued on page five Entitled "Decision Makers," it deals with a number of of this text: it familiarizes beginning law students with a topics, including judicial misconduct. For example, Carrington and Babcock have included excerpts from a California case reprimanding a judge for absolutely unconscionable court conduct (Geiler v. Commission on Judicial Qualifications, 10 Cal.3d 270, 515 P.2d 1 (1973) long footnote about the "act of state doctrine. He has a (text here, at pp. 136-138). Normally, one sees little particularly well-thought-out and organized discussion of by Bike Muskox mention of judicial discipline until an Ethics course. standing, covering in penetrating detail the most relevant From the outset, the authors have organized this text Professor Lawrence Tribe of Harvard University has cases. around hypothetical problems, with emphasis on reasoning Chapter 4, "Federal Executive Power" is a sweeping through the problems with a view towards structuring written a comprehensive text on Constitutional Law. tactically effective options for a client. Thus, a Entitled American Constitutional Law, this one volume discussion of the limits of presidential power and privilege. hypothetical involving an automobile dealer facing treatise by Foundation Press was published early in 1978. United States v. Nixon, 418 U.S. 683 (1974) receives extended treatment. Tribe reasons that the Nixon case non-renewal of his franchise involves consideration of the It contains 1204 pages spanning 18 chapters. The scope of Tribe's work here is breathtaking, "suggests that, while presidential conversations are Automobile Dealers' Day in Court Act, 15 U.S.C. SSI 221 et. seq. The hypo by the authors involves the question of attempting as it does to draft a "unified analysis of presumptively privileged, the presumption will always be whether or not jury trial is available to the client, and if so constitutional (except for criminal procedure) law/ overcome by a showing that the information is relevant to Preface, p. iii. He expressly disclaimed the intent of a pending criminal trial in federal court... But in fact the whether or not it is desirable. The balance of chapter two gives extensive treatment authoring "another extended outline [or| a largely [court's] opinion may not so completely enervate the of the functions and problems of the jury system. noncritical summary of leading cases 'and black-letter privilege. First, it is possible that, in indicating that the trial judge should demand a showing that the materials are Significant mention is also made of important (if often rules." Id. To encompass the wide range of constitutional law, "essential to the justice of the [pending criminal] case," ignored) topics including the use of special masters (see F.R.Civ.P. 53) and arbitration. Tribe has developed seven "models" of constitutional the Court was suggesting that a rather stringent test be Chapter 3, "The Quest for Principles of Decision," analysis, which are not entirely mutually exclusive. The applied." pp. 208-209. Throughout the work, Tribe avoids merely restating or gives a survey of the actual process of civil litigation, with models include (1) separated and divided powers; (2) reference to the Federal Rules of Civil Procedure. The first implied limitations on government; (3). settled summarizing what the Court has done with Constitutional portion of this chapter proceeds largely by summary expectations; (4) governmental regularity; (5) preferred Law. He is always the commentator, evaluating and distilling out of the decisions some meaningful comment. description, with use of case contrasts largely reserved for rights; (6) equal protection; (7) structural justice. Substantially one-third of the text is a lengthy Thus, in reviewing National League of Cities v. Usery, 426 the second portion of the chapter dealing with appellate treatment of Tribe's first "model," involving problems of U.S. 833 (1976) (voiding federal Fair Labor Standards Act review. Carrington and Babcock return to consideration of the allocation and interrelationships of governmental as it attempted to federalize minimum wage and maximum ethical issues in Chapter 4, "The Quest for Truth: Proof of powers. Starting with the classic case of Marbury v. hours regulations to state and local government Facts." There, the professional obligations imposed by the Madison and weaving Marbury's aftermath into a critical employees), he says: "Although the decision in National League ofCities A.B.A. Code of Professional Responsibility form the synthesis of intra-governmental relations, Tribe gives backdrop to a discussion of the process of eliciting "truth" considerable thought to the questions of judicial review. startled some, its rhetoric of state sovereignty and local at trial. Capsule consideration of some of the problems of He declares that "... many of the most prominent, and autonomy might well seem a natural extension of the evidence law is added. Substantial detail on the limits of most skillful, constitutional theorists treated the question concern for the rights of states But to say that discoverable information under Rule 26 is also provided. of the legitimacy of judicial review as itself the central National League of Cities struck responsive chords in Chapter 5, "Efficiency," deals with, among others, problem of constitutional law. The conclusions about history and doctrine is not to say that the reasoning such topics as pleading and summary judgment. constitutional law which these scholars drew from their underlying the decision is easily understood or the result Halfway through the text, beginning with Chapter 6 analyses of the propriety of'judicial review shaped their readily accepted." p. 309. ("The Division of Business Between State and Federal often critical responses to the decisions of the Warren Chapter 6 is a rather thorough survey of the define the core of much of commerce clause and the cases dealing with it. All the Courts"), the authors return to the more traditional civil Court. These decisions classic cases from Cooky v. BoardofPort Wardens, Bibb v. procedure issues involving the interplay between a federal contemporary constitutional doctrine." p. 47. Tribe proceeds in a more or less orderly fashion to Navajo Freight Lines, Southern Pacific v. Arizona, etc., are judicial structure and state institutions. This chapter includes a rather' abbreviated consideration of the discuss such threshold questions as mootness, justiciability, included. ripeness, although he does get sidetracked on a three-page continued on pagefive implications of the Erie doctrine. ' Chapter 7, "Territorial Boundaries as Limits on judicial Power," covers traditional jurisdictional theories from Pennoyer v. Neff, International Shoe Co. v. Washington and some later developments. Unfortunately, this book went to press too soon to include mention of the recent Supreme Court decision on jurisdiction, Shaffer v. Heitner. Neither is any mention made of the older New by Mike Buskus .. ... ... ... ... — Tribe's Work: Breathtaking Analysis ... - 4 Opinion April 14,1978 �First, the Good News Now, the Bitch Tickets by Karen Spencer and Kathy Carrick April Fool's is long gone so this is no fooling around. Good things are happening in the Library and we thought we would share them with you. We have extended Reference Hours until 9 p.m. Monday through Thursday. If you need us, we'll be there! The Library now has a full time clerk, Bette Waif, handling Interlibrary Loan requests. Law students and faculty should direct theirrequests to her at the Circulation/Reserve Desk. The Library acquisitions budget received a boost of 37,000 which in a one-time lump sum extra dollars last fiscal year primarily was spent on large items in microform. The holdings of U.S. Supreme Court Records and Briefs were substantially improved. On order are Legislative Histories for the 93rd Congress, the Federal Register from 1936 to 1977, and the New York Bill Jackets from 1921 . - — Ticket No. 38-3/31/78 COMPLAINT: The chairs at the 3rd floor tables are in a most precarious condition. My guessis that most will collapse by May 15. Why can't they be fixed? RESPONSE: You're right about some of the chairs being in bad shape. There's a constant repair process with the worst chairs being pulled. Most of the remaining chairs are weak, but if we pulled them all at once we'd have a chair shortage. If you look at the chairs closely, you'll realize the legs and backs become loose from people tilting themback. We ask your consideration in using the chairs, helping them last longer. » system, this is the only way to inform people that the library will be closing shortly. I'm sure the person who flashed the lights inadvertently forgot to turn them back on. • Ticket No. 40-3/22/78 COMPLAINT: There is a table in the rear of the second floor whose lights have been inoperative for about a week. Space is tight enough back there without reducing study spots. Will it be fixed soon or do we have to waft for the supplemental budget? RESPONSE: The maintenance department has been notified. Please don't hesitate to bring burned out lights, broken chairs, etc. to the attention of the staff. And you really don't need to do it via a Bitch Ticket No. 39-3/21/78 to 1974. The Bill Jackets are primary source material for New York COMPLAINT: Last night, 20 minutes prior to the Ticket, just tell us and we will try to fix it. Legislative History and are presently only available from the State posted library closing (at about 9:40) the lights were turned off on the fourth floor and I almost killed Ticket No. 41 3/26/78 Library in Albany. ' Several hundred new books selected by the law and library faculty myself getting down. It's bad enough that the paid COMPLAINT: No. 439 has a light that does not help is so damn anxious to close the place that they work but does overheat. We don't want the place to have also been ordered and are arriving daily. started flashing the lights at 9:20, but when they burn down, do we? Maintenance has been This year's acquisitions budget, although not yet final, looks start endangering people's safety in their haste to RESPONSE: Thank you going too notified. few it's minutes, themselves a extra that occurred a few save slump years ago we are over the promising. We feel and look forward to improving the collection. We are always open to far.' RESPONSE: Sorry about shutting off the lights. The Ticket No. 42-4/3/78 suggestions request forms are available at the Reference Desk. closing to COMPLAINT: I think that y all are doing a fine job. There is good news in the area of staffing, also. We have begun lights are blinked about 20 minutes before library is Best regards, A law student. make sure is aware that the everyone Services whom of Public recruitment for an Assistant Librarian/Head closing. Since the library does not have a paging RESPONSE: More! More! P.S. Thank you. we hope to have on board sometime this summer. This person should give a boost to the reference staff and administrative support to Newhouse. The Library staff would like to commend Wade Newhouse for the tremendous support and leadership he has shown over the last year. Without his administrative talents, the Library would still be in Was Swift v. Tyson, the case and that it had been misspelled school of legal research which was rather dire straits. In response to the Opinion's recent editorial on the that has been the bane of law somewhere during the appellate characterized by Kennedy as Newhouse subject of Law Librarian we are in complete disagreement. "patrician." He pointed out that students for the past 80 years, process. has donean outstanding job even sans M.L.S.! diere were alternative ways of on lecture centered insignificantthat and at the Gordon's I ignored week we received word Orily last LEXIS is on the horizon! looking at Swift, and added that explain theories to I the Director of Libraries has approved bur plans to obtain this time it was decided? This was the modern Gordon's method of history which opinion Swift, in Story's of former UB law Center, Data Inc. Law contention Ifreezes us into computerized on-line legal database from Mead believing that what declared to be the 1 will be able, to perform searches after a professor Robert Gordon when he Frankfurter students and faculty session. we do and what we have done are Supreme spoke only by arrival a March 17th decision the symposium set for its but at No date has been preliminary instruction sponsored by Al Katz and his Court, unconstitutional at the the products of complex decisions "it may be available late this summer. and that we will always be the a nationwide Federal time it was decided. hosting be Jurisdiction class. In June, the Library faculty will way we are. belonged session The afternoon institute on teaching legal research. Buffalo was chosen as the site by >'• •Kennedy frit this to be upper noted Law Professor and "unique legal Gordon, a to Harvard Libraries because of its the American Association of Law historian, now at Wisconsin, historian Duncan Kennedy. class justification for their actions. for multi-media instruction." facilities-"and University initiated discussion at Kennedy warned the crowd that He painted an alternative model The The. _aga'of Jhe copy machines continues. approximately 10 a.m. with a two he would not be disputing for viewing Swift. A model which Libraries as a whole are reviewing the problem of copy machines. It is hour talk. He emphasized that the Gordon's contention as to Swift's would free us from our past; to summer, the UGL move this expected that when Lockwood and passed almost unnoticed, and insignificance, and that he had show us differences and that we libraries will be equipped with new machines. To date the machines in case that in fact chief merchant barely read Swift Indeed, he don't have to be the way we are separate the Law Library have been under a contractual arrangement magazines paid no attention to pointed to the irony of Gordon now. from the remainder of the University Libraries. That arrangement and is the decision and didn't even calling the case insignificant when Library machines the Law in a possible increase in the quantity of A videotape of the entire affair report The it. Gordon has read virtually every University. the with officials in appropriate discussed now being Swift. is on file in the library. Those remotely note was revealed related to piece humorous $.05 A retaining of the outcome is uncertain and we cannot be sure curiosity is sufficiently thrust whose underscored Swift main v. Instead, Kennedy's charge per copy. Professor Newhouse has received suggestions from the which not whetted to take a look should be Tyson's relative concerned insignificance, at Gordon said, we the saga S.B.A. and they are being seriously considered. As case forewarned that the tape runs pointed analysis out that of the when Gordon Gordon's continues. Please bear with us. Gordon's four hours. Tysen was but rather about Tyson's really name specifically, If you have a complaint, remember the BITCH TICKETS!! - — - — - . - Swift v. Tyson Symposium - s < - - ' - Constitutional Law Text Termed Outstanding - continuedfrom page four "Model II" deals exhaustively with ail the precedents to and aftermath of Liberty of Contract and Lochner. "Model III" details the older impairment ofcontract, ex post facto cases. "Model IV" involves much of the same constitutional provisions as "Model III," but from a more modern due Easy Civil Pro page four - continued from this topic seems to demand. analysis that Finally, a word about the possible use for this text. As indicated above, the treatment of finality of judgments, including res judicata, is so sketchy and limited that this text simply would not be suitable for an advanced course in Civil Procedure. The basic treatment of the Federal Rules is certainly adequate and competent, if brief in spots. Surprisingly lacking, however, is much reference to law review commentary on particularly troubling issues. On balance, Carrington and Babcock 's CivilProcedure is a valuable addition to the procedural literature. Certainly, any shortcomings that it has in terms of depth could be remedied by supplementary material provided by a thorough professor. Most commendably, though, this text is praiseworthy for its lucid style and emphasis on practical considerations. First year students might actually read the text instead of Gilberts 1 . process aspect. A complete history of the due process hearing cases is provided. The recent 1976 case ofPaul v. Davis is given appropriate mention. Tribe concludes that the Burger Court "feared that allowing Davis's suit for relief under §1983 'would seem almost necessarily to result in every legally cognizable injury which may have been inflicted by a state official acting under 'color of law' establishing a violation of the Fourteenth Amendment Thus the decision may be seen as evidence of a reluctance to federalize tort law in suits against government action." p. 531. He adds that Davis and "Ingraham v. Wright suggest that the Court is prepared to accept the view that post-deprivation tort remedies under state law ordinarily If this trend protect even "core" liberty interests should continue in a time of ever-increasing individual dealings with government, the promise of a prominent role for due process doctrine in the definitionof government's relationship with individuals a promise raised by the due process cases of the early 1970's will be broken." p. 559. Subsequent chapters deal in comparable detail with the full panoply of first amendment issues and related privacy and personal rights. The extensive coverage of equal protection analysis is so complete as to defy easy summary. ' ... - - Tribe's coverage of the Court is very up to date. It includes appropriate mention of some very significant cases from the 1977 Supreme Court term: e.g., Nyquist v. Mauclet, 97 S. Ct. 2120 (voiding New York's financial aid bar to non-citizens); Shaffer v. Heitner, 97 S. Ct 2569 (applying InternationalShoe jurisdiction measure to quasi in rem and in rem cases). Tribe's treatise commends itself highly to anyone who seeks a meaningful synthesis of Constitutional Law. It is not simply another compilation of what courts have said about certain issues; rather, it discusses why things have gone as they have. At times he suggests where the courts should go. American Constitutional Law is destined to become a classic. It deserves a place on the shelf of every lawyer along with Black's Law Dictionary and Prosser on Torts. Final Issue! k OPINION DEADLINE WEDNESDAY, APRIL 19th Submit All Copy to Room 623 April 14.1978 Opinion 5 �The Law Revue photos by Barry Boyer The Tortfeasoi Broken Heart" crying Res Ips; Faculty-Student Chorus Cheryl Block entertained with "Wedding Bell Blues" and "God Bless the Child" (Bob Kaiser's left arm and trombone center) — "Another Openin', Another Show Reflections on the Q: Greiner's Grading Memos TO: Faculty and S.B.A. Officers and Directors FROM: W.R. Greiner Our Grading System RE: demoralizing (at best). Ten to fifteen percent of each class/course is told, "Your exam was non-descript (Q)"; and a few are consigned to purgatory (D/F). Says she, further, many (most?) of our students come here with more or less ambiguous feelings about themselves and this place after all, what is a SUNY/Buffalo to most applicants and to the larger world outside Western New York? and we do a good deal to reinforce their ambiguous feelings about self, when we assign non-descript grades to most of them in their first year asks courses. ("Who the hell am I student X? I couldn't get in Harvard, Yale, Michigan wherever and I am just a 'Q' at SUNYAB!") Says she, finally, since the chances are slim and none that we will soon change our system of evaluating students through examinations, why not at least make the evaluations more up-beat and encouraging to those who work hard, but don't cross the pale into H land. Says I, let's have it both ways through an up-beat system that allows for some more discrete evaluations, using terminology valued by the rest of the world. In place of my earlier, and very conservative, recommendation (Q+, Q, Q-), I offer a complete (well almost) substitution. Let our grading system be: A (substantially above average, excellent, or some other suitably Two fairly self-explanatory memoranda regarding the grading system are attached. The most recent of the two (dated 2/23/78)'presents what think is a sensible compromise between our current system and other alternatives. If suffitfierft of you feel, as I do, that the present system particularly the Q grade requires some amendment, and if you think the alternative proposed in my February 23 memorandum is at least worthy of serious consideration by the faculty, please sign below and return thismemorandum to me. If there is significant showing of support for this reform, we might actually get the Academic Policy and Program Committee (APPC) to move this proposal towards early adoption, so that we might even be able to put a new system in place at least for the dass entering in September, 1978. I, for one, do not wish to inflict the present system on any more students than those matriculated to date. I feel strongly about this, and will elaborate on the origins of my views for any who wish to talk with me about this irritating subject. I know that none of you particularly want to get into a hassle over grading, but I think that the ostrich solution to this problem is no descriptive words) longer acceptable behavior on our part. B+ (very good, etc.) The undersigned urges the APPC to report B (good, etc.) the grading proposal in the February 23, B- (satisfactory, etc.) P (passing, but not entirely 1978 memorandum from W.R. Greiner to the faculty at i ts next regular meeting so satisfactory, etc.) that the proposal can be considered by the F (not worthy of academic credit, etc.) faculty. We would, by this device, move our Academic Policy and Program grading system on to a par with other TO: Committee graduate programs and some other law FROM: W.R. Greiner schools (e.g., Berkeley, N.Y.U.); take some More on the GradingSystem of the onus off our students who must RE: explain the Q to the outside world; take My most recent trauma/experience some of the onus off administration (like Le., håving to 8.8., T.H., CW., and 8.G.) who have to with our grading system gråde Fall Semester exams moves me to explain the Q to anyone and everyone; and write again on this subject My complaint is last, and most important, we would make a the ubiquitous and statement to the seventy to eighty percent, basically the same near meaningless Q see my earlier memo i.e., "You're good and we think you're but the intensity of my good, and we want you to take pride in (11/15/77) a bit. up Beyond that, one ofmy your work, and not be discouraged by the is feeling student colleagues justbutton-holed me on well intentioned but powerfully negative this subject and offered a suggestion which, symbolism of the Q!" Now how about it? Do I have to go to I think, smacks of both genius and solid tommun sense. the rules committee to crack this one? Says she, our current grading system Enough already? Hold a plebiscite; do what makes a statcment to students which is must be done; but do something! — I - - - - — — - 6 — - Opinion April 14.1978 - for us to consider a modest reform. I suggest that we revise the grading system by subdividing the Q grade as follows: Q+ for performances below Honors but above the normal range of qualified Academic Policy and Program Committee FROM: W.R. Greiner The Grading System RE: TO: — ' The present grading system has been in effect, with one or two modifications, since 1969. It has served us reasonably well, but there is one nagging issue, present from the beginning, which will not down, i.e., the scope and meaning of the Q grade. Our practice since 1969 has been to award the grade Q for about 70% of all the grades recorded. This percentage of Q grades has remained remarkably constant since 1969. The 1969 grading change was intended to eliminate grade distinctions in the broad range of student performances between the barely adequate and the somewhat above average. On balance, this system has been a great improvement over our former practices (i.e., discrete number grades between 85 and 65; discrete numerical ranking of students on the basis of the g.p.a.). However, the new system has cost us and our students some benefits. Th£ following short list reflects my view of these costs, but I think these views are fairly widely shared. 1. For some 70% of the performances in classes we have lost the capacity to give direct feedback, positive reinforcement and sanctions/warnings through a grading performances — — for performance within the Q normal range of qualified performances for performance below the Qnormal range of qualified performances All other grades would remain the same. I would expect the following distribution of grades on the average under thismodification. H- 15 to 20% (as is now the case) Q+- 15 to 20% — — Q-40 to 50% Q--10 to 15% D & F - about 10% (as is now the case) I think this system would tend to alleviate the various qualms and concerns about our present system, without eliminating its positive attributes. Perhaps the strongest argurant in favor of this reform is that it reflects faculty practice which has grown up in the last several years. The Registrar informs me that most faculty how report their grades using an H, Q+, Q, Q-, D/F system. He is of course barred from so reporting the grades on the students' transcripts. I see no compelling reason not to conform the transcripts with our behavior when there are some potentially significant benefits from system. [Although the faculty is encouraged to making this modest change. Yours for the Good Of the Order. give written evaluations to provide positive feedback and reinforcement, that is done as the exception, not the rule. The system provides no effective mechanism to officially warn students of less than fully adequate performance.] 2. The übiquity of the Q tends to TODAY!! discourage some, perhaps many, students from making a maximum effort during A Conference Entitled: their last two years. [Students who earn "LEGAL PERSPECTIVE-: few or no Honors grades in the first year The Changing Relationship Between have a regrettable tendency to be satisfied theStudent and the University with "Q-ing out" over the balance of their will be held bom 9:00 am to 4:00 pm careers.] 3. The paucity of information in Capen Hall. provided by first year grades makes it difficult to validate the results of our Cost: $7.00 Public $5.00 Students admissions program. [The first year is the most standardized year, and should provide For Information, Call 636-2527 the best comparisons to validate admissions.] (See Story on page 11.) 4. There is some small disadvantage to some students in the placement battle. [I do not think this is a major problem, but others view this more seriously than I.] It seems to me that the time has come — �"You Proximately Caused My Vinnie, not shown, was on the floor irt" Ipsa Loquitor. isors doing Ace Sportzcaster Fred Konefsky, w/cap, reads the scores. Ralph J. Stairsteps, center, drinks to scoring, while Mike Shapiro nails down a point. Showstopper Thorne McCarty showed us the faculf could still rock n' roll when he broke into "Heartbreak Hotel." Wide World of Torts by John Simson As another semester comes to a close a columnist is almost compelled by tradition, sentiment, a job or the bar character committee to be somewhat apologetic and banally profound. I hope I can avoid this. However, I would like to apologize to those who have been featured in this column and further hope that they've taken it in the spirit intended: Saktidas Roy, who needless to say was very, very angry; Dean Headrick, who still hasn'fset lift ticket prices; Judge William Rehnquist, who, I'm told, faithfully reads my column (keeping tabs on the lunatic fringe, no doubt). Actually, a year ago in his opinion in U.S. v. Two Apparently Used Bounty Paper Towels, I corrected him when he used the word impleader whenjn fact it should have been "death penalty." Since that time, well, the rest is history. Sp next year as I wander through the basement of the Supreme Court building in downtown Legal land, bringing coffee and donuts to Pot and Wiz' and Har, discussing with them the truly important issues on their minds; whether it's really faster to Falls Church on Rte. 29 or the Memorial maybe I can bring regards Highway from all of you in Buffalo. So if you have a personal message for any of those high justices (how high is the justice?), leave it in the Opinion mailbox within the next week or so, and I'll personally see that it's delivered. , Speaking of my friends on the Court reminds me of one great law school story. During Criminal Procedure last year, the class was discussing entrapment. As we carefully read Warren's words, with more reverence than any bible class, a voice from the back of the class said, "But that's just his Opinion!" The person was so severely ostracized by those religiously involved that *ie decided it wasn't worth continuing. But, in the spirit of the law she persevered and is now a judge in Wisconsin. Now, you are probably thinking how ironic this all is, her becoming a judge and all, but it isn't. You see, after each of her decisions, she never forgets to write, "But that's just my Opinion." I'm glad I am about to finish Wide World of Torts because each week it has been harder and harder to write. It is not that the law or lawyers are any less funny than they were three months ago, it's that I increasingly feel as if I'm one of them. So before total identification occurs and the transmogrification is complete, a few last words. ... Son of Curran's Corner One of the many interesting offers I weighed for next year, was ghostwriting Bob Curran's Corner in the Buffalo Evening News. To be called "Son of Curran's Corner" the column would have appeared in an attempt to give Buffalo a little balance in what it hears about Jane Fonda. Find me interested to find out that the Federal Food and Drug Administration has proven that there is a major difference between lawyers and yogurt. The report concluded that yogurt was cultured. The recent ruling of the Supreme Court that judges can sterilize their own children without due process reminds me of an incident that took place down at Tom Murphy's Bar and Grill in Lackawanna. I was wearing my Mickey Mouse Watch when I ran into an old friend who was a burnt out flower child wearing one of those India cotton prints. He had spent some time embroidering the shirt, both front and back; the most striking being Mickey himself and Donald Duck covering each front pocket. When I mentioned that my watch went real well with his shirt, he replied, expressing totally the logic behind the Opinion in the aforementioned (previously) case, "The shirt's much too small for you, so why don't you give me your watch." Say a Prayer for our Guys Underground. Rate your friend a Legal Beagle, Mary Kay Kane class, if he or she can tell you how many commas appeared in Field's Opinion in Pennoyer v. Neff. Discover me quite surprised, though pleased, when I was once again requested to deliver the Eulogy at Graduation. As I must be out of town due to a prior commitment, I will print the text of the speech I had prepared. "Fellow Classmates, Proud Parents, Embarrassed Brothers and Sisters, Guilty Faculty and Administration, Relevant Others. Good Afternoon. We no longer meet at Kleinhans as so many classes before us, but here at Artp-tk. Here in the glory of the Niagara Frontier, a new garden in American history. It is symbolic of our Law School's, complete disintegration of ties with the City of Buffalo. It is symbolic of our future. Not as lawyers of the Dying Urban Centers, but as lawyers of the Suburbs. Lawyers of a new garden; lawyers of a new Paradise. New Garden Variety Lawyers. We are men and women with great goals and purposes. We should be committed. We should not just go forth into the legal world to go through the — — motions; we must desecrate ourselves, purposely in the pursuit of money. Thank you." RECENT DEVELOPMENTS — During Rev. Schuller's Mass Torts Drive-ln-Services, 319 people became ill after eating the wafers. It was found that the wafers were mouldy. Actionable? Yes, said the California Supreme Court. Legal Spokespersons for Schuller's "Our Lady of Perpetual 12-b-6 Motions" said the Church will appeal to a higher court. Plaintiff's lawyer, when asked to comment on the planned appeal, retorted, "It was His failure to answer 36 Interrogatories that initially led to the result. We feel He should be barred." Color Me Surprised When Fisher Price Toy Co. announced it would for the first time ever market a toy for tots based on the legal profession. The toy, known as "The Lawyer's Briefcase," is for children aged 2-13. As a matter of fact, the toy is being hailed as one of the greatest achievements in programmed learning to date. At age two, the child draws a complaint. His playmate and next-door neighbor, equipped with the corresponding briefcase, files an answer. For the next two years, they play with other boys. Then, at age four, they take depositions on their Special Yellow Rubber Legal Pads. After six years of Depositions, these ten year olds have a pre-trial meeting with a judge. Instructions are included for the judge (Preferably played by a parent who is sleeping, or in an irritable mood). Neither side is willing to settle, though they do stipulate that the lawsuit will be finished in three years, as this is much too childish to continue beyond puberty. The lawyers then return to their offices and shuffle papers for two years. (These White Rubber Papers are provided in the Briefcase). Then at age 12, lawyer for the Plaintiff strikes a telling blow. He files for dismissal for failure to prosecute. Remembering that he is Plaintiff, he withdraws the motion just in the nick of time. However, lawyer for the defense is no slouch and she files a motion for failure to prosecute. The judge reserves his decision on this motion for one year. In the interim, lawyer for the defense goes to sleep-away camp and'discovers 13 year old boys. Lawyer for the plaintiff joins the Boy Scouts and learns about nature and wild herbs (cowflop, cowflop!). Both are now tender young adolescents at 13, equipped with knowledge that it takes others three years in law schools to obtain. The ABA was astounded by the new toy. "It's so realistic. We don'tknow how they did it," said one spokesperson. Local members of the bar were also impressed. Said one, a part-time professor and prominent defense attorney, "The briefcase is made of real leather! I think it might be Corinthian leather!" Hang Ten! Topic: Method Acting & the U.C.C. Guest Lecturer: Anthony Waters, Esq. Monday, April 17, 1984 April 14,1978 Room Opinion 112 7 �Culinary Counsel.. by Paul Suozzi . "Bread (bred) n. 1. an article of food made with moistened flour or meal, commonly leavened with ." yeast, kneaded and baked That is how the definition of bread appears in Funk <& Wagnalls Standard College Dictionary. It is not an inaccurate description, and it brings to mind something soft and white that helps build strong bodies twelve ways. For that reason it is wholly inadequate, because bread is not just something wrapped in plastic that you buy in a supermarket. It can also be the product of a most enjoyable, creative and rewarding experience — baking your own. Those who have engaged in this activity understand the satisfaction one gets from the baking process (not to mention the delightful taste of warm bread fresh from the oven). For those who have yet to experience this, now is your chance. The following recipes are more than sufficient to get you initiated into the wonderful world of baking. . Bread: Rising To The Occasion which is as long as the bread pan. Roll as tightly as possible without stretching or tearing the dough. Tuck in any loose edges and place in a greased loaf pan. Cover with a damp cloth and let rise for 20 minutes. Bake at 350 'degrees for 50-60 minutes. Author's Note: I would like to thank everyone who submitted recipes for thisarticle. I will be devoting future columns to areas like desserts, so I would appreciate receiving any recipes that you would like to share. batter the salt, oil, oatmeal (allow it toward the center, covering the cool first as hot temperatures will kill the yeast) and flour enough to make a soft, non-sticky kneadable dough. Knead on a floured surface for 5 minutes, then cover and let rise for 10 minutes. Knead for another 5 minutes. Place the dough in an oiled bowl and let rise for 50 minutes. Then punch down the dough and let rise for 40 minutes. Punch down again; then cutand shape into 6 rounded loaves. Let this rest for 10 minutes, then gently tuck the loaves into well-oiled pans. IRISH SODA BREAD Let the loaves rise for 30 minutes submitted by Barbara Kelly under cover. When the loaves rise slightly higher than the pan tops, This recipe is easy to make since bake at 350 degrees for 45-60 there is no kneading involved. It has minutes. Turn out and cool on wire a sweet cake-like texture and is great racks. with butter and jam. It is advisable to make a few loaves at a time since CINNAMON BREAD -"-j it freezes beautifully. For each loaf submitted by Clark Trow you will need: 3Vi cups flour. This recipe makes two leaves. "■ 5T3/4 it) .6-1/4 cups" alt purpose 1 tsp. baking soda * flour 1 tsp. baking powder sugar (1/3 white, 1/3 1 pkg. active dry yeast 2/3 cup '""'■ 2Vi Brown) '" " cups milk '' ""' '' 1/3 cup sugar 1 cup raisins Vi cup shortening 1 tbsp. melted butter 2 tsp, salt 2 eggs (beaten) a buttermilk large mixing bowl, combine 2V. In cups IV2 Mix together the dry ingredients. cups of flour and the yeast. In a Add the raisins, coating well with the saucepan, heat the milk, sugar, dry mixture. In a separate bowl, shortening and salt just until warm combine the eggs, buttermilk and (115-120 degrees), stirring melted butter. Add the liquid constantly till the shortening almost mixture to the dry ingredients and melts. Add this to the dry mixture in mix with a wooden spoon. Pour the the mixing bowl. Beat at low speed mixture into a loaf pan (no need to of an electric mixer for Vi minute, grease the pan!). If desired, pour a scraping the sides of the bowl little honey or melted butter on top. constantly. Then beat for 3 minutes Bake at 350 degrees for 50-60 at high speed. By hand, stir in minutes, until top is light brown. enough of the remaining flour to make a moderately stiff dough. Turn WHOLEWHEAT BREAD the dough out onto a lightly floured surface (preferably a pastry cloth) submitted by Clark Trow and knead until Vnoath and elastic, This recipe makes 6 loaves, some of 8 to 10 minutes. Shape into a ball. which can be frozen until needed. Place the dough in a lightly greased bowl, turning once to grease the 3 tbsp. yeast 6 cups water at 100 degrees surface. Cover with a dish towel and let rise in a warm place (over the 3/4 cup honey pilot light of a gas stove works well, 1/4 cup molasses but watch out for the towel if you 2 cups powdered milk 8 cups + whole wheat flour use the burners!), until double, about IJ_ hours. Punch down the 2 cups rolled oats dough, turn out onto a lightly 4 cups water 3 tbsp. salt floured surface, and divide in half. Roll each half into a 15x7 inch 3/4 cup oil more flour rectangle. Mix Vi cup sugar and 1 Dissolve yeast in water. Add the tbsp. ground cinnamon for each loaf, honey and molasses while the yeast onto the surface. Sprinkle the dissolves. Stir in the powdered milk, cinnamon-sugar evenly over the then the flour with 100 strokes. Let surface, leaving a Vi-1 inch border on this sponge batter rise 1 hour and all but one of the short sides. Roll while waiting, cook the rolled oats in the dough from the non-bordered 4 cups of water. Stir into the sponge edge. Then fold the ends of the roll to '"'"' ' 8 Opinion April 14,1978 The next three'recipes are sweet breads which are great with coffee in the morning, great with lunch and great with coffee after dinner (they are also great alone at anytime). ZUCCHINI BREAD submitted by Pat Pileggi exposed seam. Place the loaves in greased BV/ 2x4V/ 2x2V/2 inch loaf pans The preparation time for this bread with the seam side down. Cover and is about Vi hour, cooking time about let rise in a warm place until double, 1 hour, and yields 2 loaves. 45-60 minutes. Bake at 375 degrees 3 eggs for 35-45 minutes. Remove from the 2 cups sugar pans and allow to cool on wire racks. 2/3 cup oil 2 cups grated zucchini RAISIN BREAD 2 tsp. vanilla submitted by Judi Francis 1 cup nuts (chopped) 2 cups sifted flour This recipe makes one large loaf of Vi tsp. powder bread. 2 tsp. soda 2 tsp. cinnamon 1 cup water pkg.) dry (1 1 tsp. salt tbsp. yeast 1 Beat the eggs until foamy. Gradually 2 tbsp. brown sugar add the sugar. Add the oil and Vi cup dried milk zucchini. Combine the dry 1 egg flour cup whole wheat ingredients and add to the mixture. Vi Add the vanilla and nuts. Pour into 2 1 cup all purpose flour greased and floured pans. Bake at •„ .-■. 350 ■degrees for. 1, haur.;This,.brpad '•... 3 tbsp. melted butter 1 tsp. salt freezes well so make lots of loaves. 2-2Vi cups sifted flour (about BANANA BREAD ! i 1/3 whole wheat and 2/3 white) . - raisins 1/4 cup melted butter cinnamon brown sugar Measure the water into a large bowl. It should be lukewarm, 85-105 degrees, and should feel neither hot nor cold on your wrist. The bowl should not be cold, and can be warmed up by rinsing in hot water before you start. Sprinkle the yeast over the water and stir lightly to dissolve. Add the brown sugar then stir in the dried milk. In a separate bowl, beat the egg lightly then add to the mixture. Add Vh :ups of flour gradually and beat vigorously with a wooden spoon about 100 times, until batter is very smooth. Cover the bowl with a damp cloth and set it in a warm place. Let it rise for 1 hour. After the batter has risen, have the melted butter and salt ready and fold into the batter. Sprinkle some flour onto the batter and fold in. Continue adding flour until the dough comes away from the bottom of the bowl. Turn the dough out onto a floured board, then knead until smooth and elastic. Place the dough into an oiled bowl and let rise in a warm place for 50-60-minutes or until doubled in bulk. Punch down the dough and roll out into a rectangle on a floured board. The width of the rectangle should equal the length of the bread pan (about 10x5x3 inches). Brush with melted butter, then sprinkle with brown sugar and a, little cinnamon. Then sprinkle on as many raisins as you wish. Roll the dough up from the side ,;: anonymous 1-3/4 cups whole wheat flour 2%-tsp. baking powder V. tsp. salt 1/3 cup butter 2/3 cup brown sugar \ 3/4 tsp. grated lemon rind 2 eggs IVi cups mashed ripe bananas Cream the sugar and butter. Add the lemon rind and eggs. Add the mashed bananas, flour, powder and salt. Spread in a greased bread pan and sprinkle brown sugar on top. Bake at 350 degrees for 1 hour. For crunchier bread, substitute Vi cup wheat germ for Vi cup flour. ' CARROT BREA_> submitted by Liz Bowden 3 eggs VA cups vegetable oil 2 cups sugar 3 tsp. vanilla 2 cups finely grated carrots ,1 BVi oz. can crushed pineapple 1 cup chopped nuts (optional) 3 tsp. salt 3 cups flour 1 tsp. soda 2 tsp. cinnamon Mix the eggs, oil and sugar until smooth. Add the carrots, pineapple, nuts and vanilla. Sift the dry ingredients and add. Pour into 2 small loaf pans, greased and floured. Bake at 350 degrees for 1 hour, until it springs at a poke. It is also a good idea to check with a toothpick. The bread is done when a toothpick comes out clean after it has been inserted in the middle. �The Law School That Fell From Grace With The City by Roger Johns you none of them sleep with students," MuHer exclaimed. The State University received a shock DiFafo Law School will stress practical today when DiFafo University, a small application and on the job training DiFafo Jesuitical Buffalo University announced said. He felt a return to the old style of plans for the formation of a new Law training lawyers is in order. School in downtown Buffalo. "Too many of today's law schools Prof. Adolf Hot Dog, president of stress academic training and scorn practical DiFafo University, made the experience," Muller said. "JJjFafo Law announcement. "We feel we can offer a garden variety law school aimed at the average American law student," Hot Dog said. The new law school will offer the State University of New York at Amherst itsfirst Buffalo competition. "The Board ofTrustees felt the former U.B. Law School, now known as The SUNY at Amherst Faculty of Law and Jurisprudence is not only teetering on the brink of mediocrity, but has in fact toppled over the edge and is now a full fledged disaster," The DiFafo president claimed. "We can compete with a disaster," Hot Dog noted. The DiFafo president indicated the new law school would be located on the downtown waterfront between Clement Chen's new hotel and the new WKBW television station. DiFafo Pres. Adolf Hot Dog "We felt the downfall of the U.B. Law School was its move from Downtown School will get back to basics. While some Buffalo. The DiFafo Law School will have in-class work will be required, the majority a prime downtown location. It will be of the student's time will be taken clerking within walking distance of Chippewa St., for various downtown law firms." Hot Dog foresaw no trouble securing City Hall, Brinkworth's Bar and all the other dives Buffalo lawyers frequent," said the services of Buffalo law firms for the clerkship program. Hot Dog. "Unlike the State University, which 1 "We want our students to be rubbing elbows with the average Buffalo lawyer. has alienated and insulted its alumni, Besides, buy a lawyer a few drinks and our DiFafo has always maintained a strong students can assure themselves summer relationship with our alumni." "DiFafo has a large number of jobs," Hot Dog continued. For those students who decide not to graduates practicing law in the Buffalo become lawyers the downtown location area. These people will help us," The will offer excellent employment DiFafo president said. "Besides, if the stadents are drinking opportunities. "Chen's hotel will be looking for after work with the lawyers there should bUsboys, bellhops, and desk clerks. be little trouble securing clerkships," Hot W.K.B.W. with its sensationalized coverage Dog noted. of crime in Buffalo is always looking for George Martini, administrative vice lawyers turned hams (Most lawyers are president of DiFafo University, explained actors anyway.). Jobs at McDonald's, the financing of the school. "Ninety percent of the funds for the Arthur Treacher's and Gleason's will also new facility will come from a federal grant. be available," Hot Dog said. Hot Dog introduced Arthur Muller, The remaining 10% will come from private formerly of Miskin State, as dean of the donors," Martini said. "We will name the new law school. law school building after the person who "Dean Muller is a tremendously donates the most money," Martini dynamic individual. We are very pleased to continued. Martini stated the Federal government have' him. We did not want a weak and ineffective dean. Muller has been given was very interested in the DiFafo Law complete authority to make DiFafo one of School. H.U.D. wants to revitalize the the top law schools in the nation," Hot central cities. The State University had its chance to revitalize Downtown, but instead Dog stated. * Muller's availability was a key factor in chose to make some prominent Republican the decision to go ahead with the law politicians rich by building the new law school and university in an Amherst school, Hot Dog noted. "We were quite surprised when the swamp. "In its grant application, DiFafo has State University did not hire Muller in 1976. When we discovered the Law shown HUD that in addition to making Faculty had vetoed Muller's appointment, some prominent Democrats wealthy, the we decided the time was right to go into DiFafo Law School will help revitalize direct competition with SUNY," Hot Dog Downtown Buffalo," noted Martini, a close friend of former Democratic chairman Joe stated. Cranky. pleased Muller said he was quite Dean to be in Buffalo. He also announced the P.J. Lox, director of University for the Libraries of DiFafo, explained the library faculty of a number of new hiring situation for the new law school. Law School. "We already have a good start on Mary Kay Abel will be teaching Civil Procedure. Herman Schwartz will teach acquisitions," he said. "Since 1972 the Criminal Law and a course on the State university has been subscribing to the West Legislature. Joseph Califano will teach publications, and has been gradually Administrative Law and Ethics. Michael increasing its law related holdings." "We have McKinney's, the USCA, and Lion will teach Evidence, Criminal most federal reporters," Lox said. He Muller said. Procedure, and Airline Law, We are pleased to have a real expert on indicated that by the time the new building Taxation and Gratuitous Transfers Muller opened, the library would have acquired said, in announcing the appointment of most of the important state and regional reporters along with the law reviews and Milhous Nixon to the faculty. "We have a fine faculty and I assure loose leaf services the law school would ' . need. Lox said the appointment of a Law Librarian would be imminent. "Dean Muller is reviewing the list of candidates right now. He has a free hand to pick whoeverhe wants. He understands the University needs a first rate Law Librarian and has promised us he will get a man with solid credentials," Lox explained. SUNY at Amherst Law collection but also pointed out that such a large collection would be unnecessary downtown. "Remember, being downtown the students will have access to the Bth Judicial District Library on the fourth floor of County Hall. We can gear our collection to complement theirs," Lox said. "During the clerkship part of the program our students will have access to the libraries of the large law firms," Lox concluded. President Hot Dog said DiFafo would begin accepting applicants for the 1981-82 school year. "Ourfirst graduates will be the class of 1984," Hot Dog said. Hot Dog also indicated that the Law School would be designed by the Cannon Partnership of Grand Island. "We want the building designed with the Buffalo weather in mind. If we had some famous architect from Texas or California design it, the crazy fool would probably specify single pane glass, roof top terraces and breezy walkways. Those things would be a disaster in Buffalo," Hot Dog said. Cannon is exploring the possibility of using windmills for power to take of the waterfront location, Hot Tax Expert Milhous Nixon advantage Dognoted. Lox noted the Dean and his Law When asked to comment on the new Librarian and staff will have full control of law school Robert Go-Get-Her, president acquisitions. The problems the Amherst of SUNY at Amherst said, "Good. I hope Law School has had can be traced to they put our law school out of business. I university interference in Library funding, never liked it anyway. don't trust I those he stated. This would be avoided at DiFafo lawyers. They are always talking about Lox did not think the DiFafo quality and excellence. They just don't collection would be as extensive as the understand the bureaucracy." Equal Justice Foundation Opportunity For Change by Ralph Nader presently shut out of our legal system. This One of the tests of a democracy is whether various groups within the society can initiate a stream of events that can advance the course of justice for all citizens. Given their resolve and imagination, law students represent one of the groups which can make a signal difference to both the quality and level of the law's response to serious social problems. For the last few months, students from over twenty law schools have attempted to establish a structure to champion adequate and expeditious access to justice at national, state and local levels. During the last ten years, enough documentation has been assembled about poverty, discrimination, pollution, consumer fraud, corporate crime, governmental corruption and waste to warrant their action. In addition, the opinions of the Burger Court have restricted access to justice procedurally and across a broad spectrum two examples are consumer class actions and standing to sue. At the same time, the concentration of power in the United States proceeds with little abatement. Fewer giant multinational corporations control larger sectors of the economy. Governments, whose functions include tempering the unjust effects of corporate firms with democratic power, have become indentured to those same economic forces. Although all these events have long been front page news, there has certainly been insufficient corrective response by our legal and political institutions. The first requirement to help change this situation is a broader deployment of the legal profession to permit more lawyers opportunities to work on lasting system change and to represent clients who are — is where law students can make a dramatic contribution to ourcountry. Together with a number of public interest lawyers, I have joined with students from a growing number of law schools to propose the establishmentof the Equal Justice Foundation. Several members of the law school faculty have taken a keen interest in this effort as well. The Equal Justice Foundation will be a nationwide, contributor-controlled decentralized network of lawyers to advance nationally, regionally and locally work on issues of access to justice. It will be funded by tithing: law students will pledge to contribute one percent or more of their postgraduate income to the work ofEJF. Although the tithers will determine the policy of the Equal Justice Foundation, the consensus so far indicates that this new engine for justice will have an office in Washington, where critical reform legislation and litigation will be advocated. The Foundation would maintain local grassroots chapters to advance access to justice on procedural and substantive grounds. EJF would be governed by an elected board of directors. The concept of tithing by the bar has a history of adherents. It was proposed by legal aid pioneer Reginald Heber Smith back in 1912. At the 1968 annual meeting of the American Bar Association, tithing was urged by Common Cause founder John Gardner. Details about the Equal Justice Foundation proposal are available from the organizing group of students at the law school. I hope you will be able to join with them and with other public interest lawyers, including our associates, who are assisting in this effort to advance the American justice system. April 14,1978 Opinion 9 �Law School Alumni Hold Dinner Genrich, Stiller, Stakel Honored by J.R. Drexelius The Law School Alumni Association held its 16th Annual Dinner Friday night at the Buffalo Athletic Club. The Dinner honors the outstanding alumni of the University Law School. This year's winners were Justice Norman A. Stiller, class of 1930; Willard A. Genrich, class of 1938; and Wallace J. Stakel, class of 1933. Proceeds from the annual dinner go to help the law school's placement office, Moot Court, and other student needs. Alumni Association president, Justice William J. Regan, presided over the affair. Justice Regan told the prestigious group, which included some of the most prominent judges and lawyers in the city, that the alumni association has placed great emphasis on placement of law school graduates. Regan noted with pride alumni meetings held out of town which have resulted in many job offers for recent graduates in cities like New York and Washington. Regan also praised the efforts of former placement head, jay Carlisle and its alumni, faculty and students who took part in the successful Phone-A-Thon campaign in the fall. Regan announced the alumni would again present the Bill Laidlow Award to the outstanding senior at graduation in May. Regan praised the work of Dean Thomas E. Headrick. Noting the law school's "good fortune" in getting Dean Headrick, the surrogate court judge told the gathering Headrick had been "amazingly frank" with the alumni. Headrick has been keeping the alumni well informed, said Regan, telling them many things including "certain things "I can't talk about right Moot Court News Kathy Kaczmarek and Dave McMahon were defeated by New York Law in the final round of the Kaufman MootCourt Tournament at Fordham Law School. An invitational to all 2nd Circuit schools, the Kaufman problem involved a 10-b-5 complaint brought by a tippee against a tipper. The appeal concerned the availability of the defense of in pari delicti, and the requirement for the plaintiff to allege and prove his own due diligence. Kaczmarek and McMahon won best brief but lost the final in a split 2-1 decision. The third-year students had previously defeated the same New York Law team in a preliminary round on Thursday, April 6. The competition featured two preliminary rounds on Thursday, semifinals and finals on Friday, April 7. Judge Feinberg of the second circuit, Mr. Kapp and Mr. Palso, both security lawyers formerly with the SEC, served as the final panel for the competition. Closer to home, the Albert R. Mugel Tax Competition will be held here at the Law School this coming Friday and Saturday. Fifteen schools will field a total of 18 teams. Monica Dodd and Pam Webb will represent UB when the first round begins at 2 pm on Friday. The second round begins at 10 am Saturday, and the finals at 3:00 pm in -the Moot Court Room. Justice Theodore Tannenwald of the U.S. Tax Court, Judge Lewis Spector or the U.S. Court of Claims will serve as judges for the final' round. Schools sending teams are: Duquesne, Wake Forest, St. John's, Cincinnati School of Law, Capital University, Case Western, Seton Hall, Suffolk, University of Toledo, Syracuse, Albany, Brooklyn, Maine and Detroit. The Moot Court Board welcomes all to attend, and adds that you are likely to find out a lot about appellate advocacy, while having a ~~ good time to boot. j now." "We want to help the kids getting out of school today," the judge said, recalling the difficultpre-war days when lawyers were lucky to start/out at $5 a week. Dean Headrick received a warm ovation when introduced. Headrick praised the efforts of the Alumni in supporting the law school. He said the alumni support of the Phone-A-Thon and other activities has demonstrated to the central administrators the need and the worth of the law school program. The dean told the group the law school is in good shape, free from the schisms that can cripple a school. "I don't know of any law school that has the potential of your law school to face the future. It has a great tradition, and I think, an even better future," he concluded. Judge Regan presented Willard Genrich, the Vice, Chairman of the New York Board of Regents, with the 1978 Outstanding Alumnus Award for Public Service. Genrich said he was proud to be an alumnus of the U.B. Law School. "I will remember the legal training of the law school which has been provided for me, that I may have an opportunity to serve it," he concluded. Justice Stiller, who is currently presiding over the controversial Long trial, was presented with the Outstanding Alumnus Award for the Judiciary. He thanked the gathering for giving him the award which, in the past, has been bestowed upon Matthew Jasen, John Henderson, John Curtin, and Sebastian Ballomo. Those who are interested in next year's membership are reWallace Stakel, a Batavia lawyer and former minded to get their writing samples and narrative resumes in district attorney, was presented with the by-May 1,1978. Outstanding Alumnus Award for Private Practice. Buffalo Legislation Project • Sightchecking — continued from page one Fred Konefsky. The news report featured such sensational items as Rehnquist overruling the law of gravity, institution of the death penalty box in ic"e hockey to combat the sport's growing violence problem, and an ad for equal Protection Roll-on. Even the law library staff did its part for the Revue by contributing a slide show on the use of the library materials, including instructions on shepardizing with both the German and Sheep variations demonstrated.Bruce Drucker gave an inspired performance of a rare 5-word Joyceian chant which he uttered as a response to all of Mitch Regenbogen's penetrating interview questions. Excerpts from this memorable interview follow: REGEN.: Isn't it true that your daughter graded last semester's Grat. Trans, exams? Drucker as JOYCE: Absolutely and you know why. REGEN.: Don't you sleep in a weddihg gown? D. as J.: Absolutely and you know why. REGEN.: Didn't you paint your face green when you went to the Kiss concert? D. as J.: Absolutely and you know why. Truly this was an amazing performance, demonstrating Drucker's full range of talents. Lloyd Fair must be commended for his true-to-life walk-ons as Professors Man, Schlegel and Katz. The list of performers goes on: the Hot Cargo String Band, featuring Kathy Niven, Tom Cook and Jim Atleson, provided good-time music that was a real crowd pleaser. George Colettis played some sweet notes on his harmonica and Les LATKO PRINTING & COPY CENTERS Typing, Typesetting, and Quick-Copying of your Writing Samples Multiple-Page Documents Briefs Resumes BETTER, FASTER, AND FOR LESS Call or Visit one of our Two Convenient Locations 1676 Niagara Falls Blvd. 3171 Main St. Tonawanda, N.Y. 14120 Buffalo, N.Y. 14214 834-7046 835-0100/0101 10 Opinion April 14, 1978 - Barry Boyer Bill Greiner was in show-stopping form as he opened the Law Revue "Heeeeere's Tommy." Konefsky, with newscast in hand, shown talking to Dean Headrick, school spirit in hand. Herbst treated the audience to some of his original piano pieces. Jim Hohensee and Al Fielitz added a classical touch to the evening by playing several pieces for oboe and clarinet. The crowd at Talbert was even treated to a juggling act by Tom Cook, Evan Gillerand Jack Rubenstein. Throughout the Revue, the pit band (Bob Kaiser on piano and trombone, Noel Guardi on bass, Jayne Zanglein on piano, Bill Fanciullo on drums, Stuart Risoff on guitar, and John Simson on guitar] provided good back-up for the vocalists in the program, and played well in its own right. The professor and student choruses were also a welcome addition to the show. All in all, despite some problems with the sound system and unevenness in a few of the performances, the Revue was the outstanding law school event of the year. Congratulations are due to everyone who participated in this great effort. Apologies are offered to anyone not mentioned here who took, part in the Revue it was hard to keep track of it all. This reviewer hopes that the Revue becomes a firm law school tradition, but next year's talent has a hard act to follow. Adios and good luck! - - Barry Boyer Colloquia to be held in April The. Constitutional Law/Law and Forum of SUNYAB Law School will present two colloquia during the month of April. The schedule is as follows: Professor W. Wednesday, April 19 Howard Mann, SUNYAB Law School "U.S. v. Nixon: The Relationship of Judicial Review and the Presidency." 4 p.m., O'Brian Hall, Room 706. Professor Thursday, April 27 Stephen C. Halpern, SUNYAB Political Science Department "Is There An Imperial Judiciary?: Philosophy - - Present-Day Judicial Activism." 3 p.m., Baldy Hall, Room 127 �Committee Formed to Investigate Phones Recall Election Put Off Till Semester's End by Jason Poliner The thrust of this amendment was that if one has Third-year director John B>tt supported division, come forward with regard to only some bills and left asserting that the SBA's credibility was at stake and that it The new board of the SBA held ji meeting on April 5 others unmentioned, that person would not be granted should do its utmost to cooperate. which was attended by thirteen voting members and which anonymity. Bernstein then made a motion against division of the lasted approximately Th hours. Rotella refused to accept this "friendly amendment," investigating committee, which carried 11-2. v Early in the meeting, Madelaine Bernstein presented adding that he was concerned for those people who have Cosentino then returned to the question of whether the Treasurer's report and the names of those persons to outstanding bills unknown to them. Both Bernstein and the recall election could take place prior the findings of to be on the committee to investigate phone abuse: third-year Cosentino expressed similar concerns to those articulated the committee. directors Jim Malloy and Debbie Wright, second-year by Rotella. Bernstein claimed that it was her fault thatthe directors Lewis Steele and Dwight Wells, and a faculty phone bills prior to September were not examined and Wells then moved to have the petition validated, member hopefully Dean Headrick. people therefore had not felt compelled to come forward which would force an election within twelve days. The the After formation of this committee, third-year regarding these earlier bills. motion was followed by discussion in which third-year director Joe Rotella proposed a motion regarding the In response, Wells, Steele and Shapiro stated that director Tom Bender asked if Suozzi would hold off on presentation of the findings of this committee. Rotella those people who have claimed calls to date should know the petition until there was a greater finding of the facts. moved that the findings be divided into legitimate and if they have made other calls in the past. Bernstein then informed the Board that the illegitimate calls to be designated by organization and not Shapiro's friendly amendment was put to a vote and investigation could be concluded within three to four by individual. Moreover, persons who voluntarily claimed defeated 10-3; Rotella's motion passed by the same weeks. calls would be granted anonymity and no anonymity margin. Suozzi, at this point, was visibly upset and stated that would be guaranteed to those who did not cooperate. Attention was now turned to consider the petition for it would be too late in the semester and people would be The motion was followed by lengthy discussion. referendum to recall Andrew Cosentino as President. The thinking only of finals. [See "Letters to the Editor."] Steele stated his strong belief that the primary function of petition was presented by Paul Suozzi and carried 198 Suozzi stated that hehad been informed by Cosentino that the committee should be to discover whether improprieties signatures. all that would be necessary for the validation of the existand to restore the credibility of the SBA. Suozzi expressed an interest in having the referendum petition for referendum for recall would be to have the Steele went on to emphasize that the committee within one week of the next issue of Opinion. signatures checked against the existing student list. should not grant anonymity with the hope that such Steele then expressed his concern for holding off on Steele then moved to validate the petition, effective anonymity would induce people to come forward a the election until such time that the committee twelve days prior to the election date. (In other words, if suggestion put forth by Malloy. The primary concern, investigating phone abuse presented its findings offact. the election were to be held in four weeks, the petition according to Steele, was not getting people to pay for the Shapiro then suggested that an investigation relevant would become officially validated twelve days prior to that phone bills as much as it was to see that all impropriety to the referendum could be conducted prior to the date.) In addition, publication of the committee findings was disclosed. election date suggested by Suozzi. would be three days before the election. The motion At this point, President Andrew Cosentino pointed passed 6-4-3. out that the old board already decided that anonymity Ex-President Jeffrey Licker then suggested that the Steele made a second motion that the election be held should be granted to those who voluntarily came forward. investigation which was conducted by Opinion was no later than the last three days of classes. The motion Cosentino said that the board would have to decide nothing more than innuendo and that a thorough report of carried with ten members voting in its favor. whether it wanted to change the policy adopted by the old the facts was necessary before holding theelection. board. At this point there was discussion as to whether to Second-year director Mike Shapiro then proposed a divide the investigation of the committee between Andrew friendly amendment to Rotella's motion: anonymity Cosentino and others. [Ed. Note: The events of this meeting were verified by would be given to those who have come forward to date Bernstein opposed such division and Licker suggested Rich Bedor, SBA, because the actual minutes were not but not to those who claim bills after this date. that it would be an unfair attack on Cosentino. available at press time.] - — Conference On Education Law Planned Statewide Affair Features Hyman handicapped students in higher education, the controversial Bakke case, and truth in advertising are among topics to be explored during a day-long, statewide conference on Friday, April 14 at the State University at Buffalo's Amherst campus. Entitled "Legal Perspectives: The Changing Relationship Between the Student and the University," the conference, scheduled from 9 am to 4 pm in Capen Hall, will feature a keynote address by Thomas Burgum, deputy counsel for the Senate Appropriations Committee. Mr. Burgum's presentation will concern recent developments in legislation and court decisions affecting the relationship between the students and the university. The role of handicapped students will be discussed by Bertha Cutcher of U.B.s Office of Services for the Handicapped, and Dr. Gary L. Livent, dean of Student Affairs at Niagara County Community College. The requirements of Section 504 for the Federal Rehabilitation Act of 1973 officially took effect June 3, 1977, and have complex implications relative to higher education. This session, beginning at 1:45 pm, will provide an overview, highlighting developments covering legal aspects, institutional responsibilities and related matters. Another program will focus on the controversial Bakke case and its implications for higher education. The case, Bakke v. Regents of University of California, is a volatile issue awaiting final resolution by the U.S. Supreme Court. Its outcome is expected to have a fundamental impact on affirmative action and university admissions. Presenter for this topic will be Dr.. Jacob Hyman, professor of constitutional law at U.B. Another workshop will deal with "Consumerism in Higher Education: Truth in Advertising." Also starting at 1:45 pm, this seminar will examine the legal rights and reasonable expectations of students in truth in advertising in academe. It will cover the question of where responsibility lies in terms of the institutions and their professional staff. This workshop is expected to alert participants to practices at their own institutions which may require attention. Dolores B. Schmidt, assistant vice chancellor for Affirmative Action and special assistant to the Chancellor, will lead a workshop entitled "Title IX and Higher Education: Promise and Performance," at 1:45 pm. In this session, the status of women in higher education will be reviewed from a comparative perspective. Questions to be answered include the original intention of Title IX, what its performance rating is, and what has yet to be accomplished. A fifth area, lo be presented by Dr. Walter C. Hobbs, U.B. associate professor of Higher Education, will cover me issue of administrative accountability and liability. The session will provide a general understanding of legal terminology along with definitions and interpretations as related to employees at all levels of administration and management in higher education. Cost of the conference is $7 for the general public and $5 for NYSCPA members and students. Registration information can be obtained by calling U.B.s NYSCPA office at 636-2527. The conference, which expects* upwards of 300 participants, is being sponsored in cooperation with the Western New York Consortium of Chief Student Affairs Officers, the U.B. Division of Student Affairs and Student Development Program Office. RAMSEY CLARK will speak Friday, April 21, 4:36 pm in the Moot Court Room on H.R. Bill 6988 (Remember S. 1???) OPINION Staff Meeting and Elections for the 1978-79 Editorial Board on Thursday, April 20 at 3:30 room 624 Teaching Assistant ships available Two students will be selected to act as teaching assistants in the first year special assistance program fall semester of 1978. Interested first and second year students should submit the following to the Placement Office, no later than Monday, April 24: 1) a copy ofyour resume 2) a writing sample 3) a note stating the extent of your extra-course commitments during fall semester (e.g., Law Review, Sea Grant, BLP, outside employment, research assistant) and the extent of any previous teaching experience or work with minorities. Students will be compensated at the normal rate for teaching assistants. Applicants desiring further information concerning the nature of the work should contact first year students who followed the special assistance program or Betty Mensch or Bob Fleming, third year students who served as tutors this past year. April 14,1978 Opinion 11 �Swamped with Problems by J.R. Drexelius As the spring thaw comes, law students attempt to slosh and swim from the Law School to their cars in the parking lots on the far side of the swamp some have referred to as Lake O'Brian. The swamp in front of O'Brian Hall is but one of the many physical problems facing law students daily. Classrooms are too hot in the winter and too cold in the summer. Few of the doors into O'Brian are in working condition. A skylight on the fourth floor of the library has been broken,since the Blizzard of '77, drastically cutting off the amount of light on that floor. A string of lights from O'Brian to the parking lot has been out since mid March, making the walk through the swamp even more dangerous. Lighting in the basement is inadequate and possibly illegal. The O'Brian swamp is a major Herb Lewis of Maintenance explained that his crews have attempted to deal with the situation. The maintenance chief explained that the area is very low. The blacktop path is only a temporary walkway until the social science buildings are erected. He said his men have put problem. a culvert in and tried to salt the path well in the winter but the water still overflows. Lewis is planning further action to alleviate the problem. Since the major thaw is over most of the swamp problems have disappeared till next Fall, said Lewis. This summer his men are going to bring a backhoe in and lay a pipe under the walkway and reblacktop. Lewis feels this should alleviate the problem. Draining the swamp is a major problem facing University administrators. Dr. John Neil, acting Vice President of Facilities Planning is aware of the situation. Although Dr. Neil said no major work is planned on the swamp in the near future, he indicated the swamp must T)e drained before construction begins on the social science buildings. The problem is, said Neil, there is nowhere to drain the swamp. All the ground around it is higher. Neil also explained the future of the site. The whole site stretching from Flint Road to the Lockwood Library is reserved for the Social Science Building. Neil said the Social Science Complex will be built in three phases beginning at the west end of the project and when finished will be roughly the same size as the present spine complex. The problem is money. Plans for the project are held up in the Department of the Budget, said Neil. He felt the building would not begin in the next two years but was hopeful the project would get off the ground within five years. Until that time it looks like law students will be faced with a long and windy walk from their cars to the law school. The heating and cooling problem is a case of the university trying to be cost efficient at the expense of student comfort. The heating and cooling systems at the school were built to work automatically. However, in an effort to save money the university has been setting the heating and cooling systems manually said Allan L. Canfield, Assistant to the dean for student affairs. The result of this policy is that if the weather is not what is expected, too warm in the winter or too cool in the summer, the controls are set wrong for the weather and maintenance must be called in to adjust the controls, Canfield indicated. Dwayne Moore of Facilities Planning explained that the doors are a university-wide problem. It seems the door manufacturersdid not foresee the winds which howl through Amherst. Facilities that ice and snow accumulates Planning is in the process of above the skylight and last winter replacing all doors on campus, the ice and snow caused the Moore said. He noted that not skylight to break. Efforts to force only is the wind a major problem the architect to pay for the faulty but also that the present doors are design have failed, Moore said. He indicated the skylight not adequate to meet the needs of would soon be replaced. Funding the handicapped. Moore said facilities planning is will come from either Albany or in the process of redesigning the this campus, Moore said. He also doors rig'it now and expects some explained that facilities planning improvement over the next few was working on a plan to prevent months. However, since it is a any future damage to the campus-wide problem, it may be skylights. as long as two years before the The lights between O'Brian and 1 the parking lots were repaired last problem is under control. Moore also indicated the Law School would continue to have problems until the Social Science Buildings were put up cutting down the wind. At this time, Facilities Planning is experimenting with sliding doors and other types of automatic doors to see what the best solution will be. Moore is also working on the broken skylight. He explained weekend said Herb Lewis. He explained the lights had gone out when a conductor was damaged during snow removal operations. The situation in the basement will be looked into, said Allen Canfield. He explained the law school has been trying to come up with an idea as to what use the basement could be put to for some time. He indicated he would look into the safety of the lights. Schwartz on Sportz Penant Law Predictionz — WEST This is baseball's most difficult division to pick a winner from. Kansas City, Texas and California all have an excellent chance to come out on top. Many experts, including the Italian, have picked Texas to finish first, but I think that their pitching has too many question marks. Only Doyle Alexander can be counted on, since Doc Medich and Jon Matlack are coming off sub-par years. The team to finish ahead of Texas will be Kansas City, a club which finished last year with the best record in baseball. The starting pitching of Leonard, Colborn and Splittorf is solid and the rest of the squad is quite deep. Both the Italian and I agree that while California is improved, it will be extremely difficult to climb past third place. The Angels are counting on the promising Don Asse, acquired from the Red Sox for Jerry Remy, to become their third quality starter. by Michael Schwartz Ah Spring! Truly beloved as the prime indication of the fact that the baseball prediction season has arrived. For the last two years, I have recorded and exchanged my predictions for the coming year with those of my friend, the mad Italian. Despite my widely recognized prejudices, when the final standings have been posted and the predictions have been unearthed, both my analysis and that of my unpredictable friend have proven to be quite accurate. Until now this prediction and accounting process has gone on relatively unnoticed. Although sound advice has been given that it should be kept that way, we have decided to make this year's prognosis public. National League EAST Once again the madman and I disagree on the division winner. While has has chosen Philadelphia to finish on top, I am picking Pittsburgh to not only win their division, but to also represent their league in the World Series against the Red Sox. The Pirates have great pitching with starters Bert Blyleven, John Candelaria, jerry Reuss and Jim Rooker and a good bullpen that includes Will McEnany and Kent Tekulve. Dave Parker and the remaining hitters are certainly sufficient to lead this well-balanced club to the pennant. The Phillies will finish second with a great hitting attack featuring American League Mike Schmidt and Greg Luzinski. Both the Italian EAST The Boston Red Sox should finish in i and I agree that St. Louis should finish third first. They field the best nine-man lineup in the A.L.■ followed by Montreal, Chicago and New York. While This year the pitching will tome through, but only the Mets have really improved their fielding and Ken Joyce and I know why. The Yanks should be hitting the pitching will be terrible. They would love second with Detroit and Baltimore following in that! to have Mickey Lolich back. order. People should not under-estimate the Tigers, WEST Cincinnati is the only winner upon -who have good young hitters and fine starters in the! which we both agree. The N.L. counterpart to the Bird, the Rose and Jim Slaton. Baltimore was ai Red Sox features the best eight-man lineup in the surprise last year, but this year's loss of two starting5 senior circuit. With a full season of Tom Seaver and pitchers should lower them to fourth. Cleveland the abilities of Bill Bonham and Fred Norman, the I improved greatly with their acquisitions from the pitching should at least be sufficient to carry the Dennis Eckersley trade and should finish fifth, withi division. While the Dodgers should finish in second, Milwaukee (who has no pitching) and Toronto they could be surprised by either the young squads of Houston or San Diego. Houston is especially a bringing up the rear. The mad Italian doesn't see it this way. He threat, since they possess the best young pitching thinks the Yankees will finish first followed by staff in baseball. San Francisco should finish fifth Baltimore and Boston. What else can you expectt and Atlanta is tabbed to finish in the cellar. I hate from an unbiasedobserver. Ted Turner. - — ', > - Summer Session at Hofstra Law School Summer Session One MAY 30-JULY 10 COURSES CREDITS Commercial Transactions Survey Conflict of Laws Criminal Procedure I Debtor-Creditor Evidence Family Law Individual Income Tax Real Estate Transactions Remedies Secured Transactions : ' 12 Opinion April 14, 1978 3 4 3 4 3 2 3 Summer Session Two JULY 12-AUG. 25 Business Organizations Commercial Paper Corporate Tax Entertainment Law Estate and Gift Tax Federal Courts Labor Law Law and Economic Inequality Products Liability Wills, Trusts and Estates : > 4 3 3 information. 4 3 3 3 3 3 3 2 3 4 ItKJFSj RA_ **& XiSSi UNIVERSITY HEMPSTEAD, NEW YORK 11550 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1eafe30e011702c81a7870eaa12b65e0.pdf 677eadf33a7271baee5e1a408e849eca PDF Text Text Clark Says We Can Do Better Than Son of S-1 by Tim Cashmore improvements, he said, do not go far enough. He cited sentencing as an A criminal code reflects the values of the people, according to example. The new bill, he said, essentially eliminates former.Attorney General Ramsey Clark, and "we can do a lot better indeterminate sentencing. But if it passes, "we will have to have a than Son of S-I.'" Clark expounded on the major prison building program proposed revision of the federal quick. You bring the maximum criminal code Friday before an numbers [of years] down, but audience of about 100 people, now they mean what they say." Clark admitted he was "not up including his client Bruce Beyer, the Buffalo war resistor now on the specifics" of the House facing draft evasion charges in bill, and he therefore devoted much of his discussion to criticism Buffalo federal court. Clark said the current revision of the original revision bill, S-1. S-1, Clark said, reflected such bills Senate bill 1437 and House of Representatives bill 6869 are values as "respect for violence," improvements over Senate bill 1 "the use of segregation" as a law (S-l) of the last session. But the enforcement tool, and "the belief — Clark Speaking on Son of S-1 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 — that nearly any means the I murder for the My Lai massacre) government might use to achieve ■ and Nixon aides John Ehrlichman and H.R. Haldeman to be its ends are acceptable." He claimed S-1 "would outlaw |acquitted merely by testifying every form of resistance" used jIthey were ordered by superiors to against the war in Viet Nam by j do what they did. "It is "addressing political conduct with I jtotalitarian mentality," he said. criminal sanctions. It would create "It"justifies absolute obedience to for the first time in America's authority." history an official secrets act." Clark described S-1 as a Clark also criticized what he iresponse by the Nixon called the bill's "good Nazi" law. ; administration to a criminal code "It would be a defense to an i developed when Clark was indictment," he said, "if the ; attorney general. defendant could show he acted Clark, who will address the with reasonable cause to believe class of 1978 at the law school an order was legal." commencement exercises May 27, Such a defense, Clark claimed,. was sponsored by the would allow people like Lt. Distinguished Visitors Forum and William Calley (convicted of the Prison Task Force. ' ! i I ! ,, Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 April 26,1978 State University of New York at Buffalo School of Law Volume 18, Number 10 Cosentino Resigns Post Citing Personal Reasons by Randi Chavis Andrew Cosentino, recently elected Student Bar Association (SBA) president, resigned effective the last day of classes at the April 19 SBA meeting. He cited personal reasons for his resignation. SBA Vice President Kathy Kaman will become' Acting President when Cosentino's resignation becomes effective. Cosentifto and his wife Eileen, who recently lost her teaching job in Niagara Falls, will be moving to New York City where another teaching job should be easier to find, Cosentino said. Because of Cosentino's resignation, second-year student Paul Suozzi withdrew a petition callings for a referendum to determine whether a recall election should be held. The petition was signed by 197 students and cited alleged election improprieties. effective May 1 rather than immediately so he tan participate in SBA budget hearings which are being held the last week of classes. A special election is mandated by the SBA Constitution within 18 class days after an executive position becomes vacant. Since Cosentino's resignation becomes that the effective the last day of classes, Andrew Cosentino announcing his resignation Misuse of Phones "I'm disappointed students were not given a chance the SBA has more than three to vote on the recall," Suozzi said. weeks at the beginning of next "By resigning, I think he's semester to hold the special escaping without having any elections. If Cosentino had by Randi Chavis blame attached to him. He can get resigned effective the day of his out of here and still look good." announcement, it would have Five law student organizations necessitated the special election spent more than $1,300 on Cosentino told the SBA Board within the first two weeks of the personal or unclaimed phone calls of Directors he preferred to resign semester. from April, 1977 to March, 1978, a Student Bar Association (SBA) subcommittee formed to investigate phone abuse told the SBA Board of Directors. The totals ranged from $4.85 in personal calls for the International Law Society to $876.62 in personal and unclaimed calls for the SBA. Three other organizations were included in the subcommittee's preliminary report. National Lawyers Guild had $63,75 in unclaimed phone calls. The Association of Women Law Students and BALSA, who share a phone, spent $196.52 on personal calls and $223.73 on unclaimed calls. The total spent by ali five organizations on legitimate, organization related phone calls Review Editors New during the same year was $20.25. Phone bills for the 12 months Top:(l-r) Mark Larson, Harry Klodowski Roz Lipton, David Shapiro,Greg Yawmon, Jean Powers were made available to question in Arlene Susan Vanderlinde. Harkawik, Fisk, Deborah Peters, Bottom:(l-r) Dennis the subcommittee, chaired by Missing:(r-I) Larry Goldberg, Ann Herman, Mark Flescher, Larry Ross.Marilyn Tebor second year director Jim Maloy, Law Leaves $1,300 Bill by ÜB's Chief Accountant's office. The subcommittee sent each organization a copy of its phone bills on April 10 with instructions to identify each call as either legitimate or illegitimate. At the April 7 SBA meeting, the Board of Directors voted to provide anonymity to anyone claiming their personal calls by April 17. In addition, the board approved a motion by second year director John Batt that "anyone who has deceived or lied to the board will not be guaranteed anonymity." The subcommittee, at the April 19 SBA meeting, appealed to the Board of Directors to clarify what was meant by "deceived" or "lied." Batt said he meant to include anyone who lied to the board at any time about illegitimate use of the phones. > "My intent was if it had been found anybody had lied or deceived the board at any time concerning phone calls, that anonymity wouldn't be guaranteed to any of those continued on page eight precisely — �Vol. 18, No. 10 > April 26, 1978 Editor-in-Chief Jason Poliner Managing Editor Randi Chavis News Editor: Tim Cashmore Feature Editor: Paul Suozzi Business Manager: J.R. Drexelius Chief Photographer: Michael Shapiro Staff: Bill Brooks, Mike Buskus, Carol Gardner, Kirn Hunter, John Simson, Dwight Wells. Sheryl Reich, Michael Schwartz, Copyright 1978, OPINION, SBA. Any republication of materials herein is strictly prohibited without the express written consent of the Editor-in-Chief. OPINION is published every two weeks, except for the academic year. It is the student newspaper of the State University of New York at Buffalo School of. Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition: University Press at Buffalo. vacations, during Editorial SBA Misguidance The SBA took the right step in forming the subcommittee to investigate phone abuse. The preliminary finding of the committee evidences much hard work and dedication. Its members should be commended. We must, however, take issue with the particular way in which the findings of this committee were used. It seems fair to say the subcommittee has evidence that President Andrew Cosentino has grossly misused the phone privilege. The subcommittee asked the SBA to help interpret their findings. The SBA told the committee they did not care if Cosentino lied to the SBA or was involved in any improprieties. Their concern, they said, was limited to repayment of illegitimate phone calls. It is a sad state of affairs if one's multiple improprieties can be erased by the payment of money. The SBA, in essence, told the subcommittee that Cosentino should receive anonymity despite evidence of past impropriety. We find the SBA "guidance" to be grossly unprofessional. At the very least the students of this law school have the right to know who misappropriated their funds and the extent of this misappropriation. Nothing more than the truth is demanded. The integrity of the SBA is at stake. { Vote for Credibility President Andrew Cosentino's resignation leaves this school without a president for the second consecutive summer. Last summer, when Sub Board sought to raise SBA disbursing fees, the need for a president was particularly felt. The remaining officers should take all necessary steps to prepare for the summer ahead. The office of president of the SBA is now vacant, effective at the semester's end. In considering a replacement, the student body must vote responsibly and keep the importance of this position in mind. It must be filled by one who is highly credible and beyond reproach. The SBA should strive at all times to maintain the highest ethical standards. This has been a problem in the past. We hope it will not be in the future. Many Thanks Before the new editorial board begins its tenure, we would like to pause and recognize the contributions of the past. Thanks to all those who submitted articles, commentaries and letters. Many thanks to Sheryl Reich and Michael " Schwartz Tor their religious contributions to Opinion, and their faith in Western New York and the Red Sox respectively. Very special thanks to Kirn Hunter and John Simson whose limitless energy and dedication kept Opinion afloat when it was about to go under. We are indebted to them for delivering it to us intact. We hope Opinion will continue to function as a forum for the expression of law school concerns and interests. We welcome the ideas and comments of our readers. Good luck on exams and have a pleasant summer vacation. 2 OPINION April 26,1978 Letters to the Editors: Concerns on Proposed Grade Revisions To the Editors: numerical grading system as well. because the possibility of a Q+ is Much of this may stem from far present? In Bill's system, on the other hand, what is the emotional effect of a mere Pass upon the receiver? The questions which must be answered are, again, what should the grading system be communicating and, if more categories are required for effort, how many? In theory, at least, a more detailed grading system may increase competitiveness or, more nicely, effort. In the old days, however, we had a detailed numerical grading system under which, for example, 70-75 represented the C range. Well over 75% of the grades fell into this range and the bottom of the cum laude scale regularly had a 76 average. The system theoretically encouraged competitiveness, "worth-seeking," and could be deemed "upbeat," but the results led one to pause. We complained about the lack of observable student effort then, too, even though we also had a discrete ranking system. That system even more than Bill's suggested system carried out the worst aspects of educational grading policies with little observable academic value. 4) Finally, it should be noted that Bill's system does a number of other things. His superceded proposal for a trifurcated Q (Q+, Q, Q-) more neatly flows from the objections he raises in his February 23 memo. The new proposed revision either creates an arguably over broad Pass category or turns what might be considered middle-Q's or C's into B work. Thus, the D grade always a mistake I thought becomes a Pass. If this includes what some would consider D, Q- and Q. it leads to some of the "over broadness" objection he raises since it would encompass unsatisfactory as well as satisfactory work. If not, that is, if it encompasses only D (and maybe Q-), then the next highest grade suggested is a B- which I believe, means something different to the world. Finally, I consider B and above to be within the honors category. To me, then, Bill's proposal trifurcates the H. This responds to none of the objections he has raised. more serious causes, e.g., some students come to Buffalo because they were rejected by higher choices or because of financial limitations. Personal interaction with students would seem to be a better approach than detailed grading systems, which, after all, would not allay the doubts of current system... those who donor do well. Nevertheless, Bill Greiner's 2) A grading system should recent memo has caused me to provide "direct feedback, positive react (against my better reinforcement and judgment) primarily because it is sanctions/warnings." based upon assumptions that I I agree. The question, however, believe are (1) interesting but should focus upon exactly what speculative; (2) totally unproven, kind of messages the system or (3) dubious or unworthy of should be sending. Bill is arguing response via the grading system. that the system should Bill's memo stresses the harm communicate more specific perpetrated upon students by the information about relative grading system, but provides no position in the class, i.e., "where mechanism for student input in the Q range did I place?" other than, presumably, the If one focuses upon any involvement of the student course, Bill's arguments make members of the APPC. The point considerable sense especially with made here, however, is that if assumption No. 1. Students, students do indeed feel harmed by however, take a large number of the current system, we should courses, and overall performance have little reason to stall a indicates something about one's revision. However, if most (many, ability to take examinations. Bill's half, two-thirds?) actually approve own rough empirical findings, the current system, we should some time back, demonstrate that hesitate to act "in their own a large percentage of students good." receive at least one D grade, and The following.assumptions in ma,ny receive at least one Honors. Bill's memo deserve discussion by (When the old system was revised, the Committee: we also found that few, if any, 1 ) Students define themselves students received only grades in and their worth in terms .of the C+/B- range.) Moreover, in. grades. Without a bifurcated or upper class courses now, honors trifurcated 0, students receiving a grades may range from 20-40% of Q in one or more courses will have a class. ambiguous feelings about 3) The broadness of the Q themselves or believe that their range discourages effort by exams were nondescript. students, especially in the final Much could be said about this two years. assumption, especially the notion Maybe so. To attribute, that grades convey information however, the traditional falling off about knowledge. To the extent it of enthusiasm in law schools to is valid, it is poignantly sad and our grading system seems strange. depressing. The proposed system, It was clearly observable under though, has no relationship to a our old, very discrete system. It is student's knowledge or even a real possible that our grading system perception of one's knowledge. furthers this commonly Note that the real complaint is recognized phenomenon, although not simple ambiguity about one's I have no idea how one's worth, for the suggested system is conclusions can be based upon not designed to communtcate anything more than a guess. one's knowledge or failures but, I have always been angered by rather, the aim is to communicate classmate or student statements relative or competitive' position. that "I'll only work for a C, I find it hard to believe that a 70-75, Q, etc." What does that more detailed grading system will mean? Is it rationalization, an substantially allay students' accommodation to the student's doubts about themselves, doubts sense of his or her own which existed under our old limitations? Will one work harder I had promised myself that I would remain somewhat aloof from either grading system tinkering or wholesale revisionism. That desire is based on both the anguish, both personal and corporate, involved in such endeavors, and my own involvement in the birth of the . — — - — - * J. A tleson Associate Professor Another Grade Proposal: A, B, C, D,F To the Editor: - D passing, but not entirely satisfactory not worthy of academic F credit This grading system would have advantages over the Greiner suggestions because the system does not use pluses and minuses as an integral part of the system. Rather, pluses and minuses could be used by faculty to further modify the basic grades in the As a first year student I more than agree with the sentiments expressed against the "Q" grade in Professor Greiner's "Reflections on the Q." With all respect to Professor Greiner, I find his suggestions for an alternative grading system to be a little confusing. In the interests of offering the most easily understandable grading system I system. offer the following: If any change is made in the grading system it is very substantially above important that.it should be A average applied to all students at the school. If a new grading system j B very good C satisfactory were to be applied only to the; - — - < grades 6f the class of 1981 and beyond this would create a situation next spring in which faculty would have to apply a dual grading system to members - of their classes one for the first year students and one for the second and the third year students. Such a dual grading system would discriminate against upperclass students. It would also lead to much tension between the freshmen arid the upper class as well as encourage frustration and lack of motivation in the upper class. Please pass on this letter to the appropriate authorities. JuliaPorper �Simson to Leave You may have thought things were going bad here at UB Law when we lost such members of our faculty as Del Cotto, Gifford, Gordon, Hollinger, Horrburger, Kane, Lybecker, H. Schwartz, R. Schwartz, et al, but this year the law school is losing John Simson. The argument can be made and possibly even supported that Simson has not made as great a contribution to the academic environment here as the above mentioned individuals However, I think few will argue Simson has provlded much in the way of atmosphere. You know who he is theguy who's always looking for something eise to get involved in; the guy who's always walking around like he was just beamed down to earth and isn't quite sure where he is. The reason for his apparent stupor is that he is always involved in the extracurricular: singing at the freshman orientation, the close-but-too-far-in-the-winter cafeteria, Mindy's Wine Cellar, The Library (not John Lord 0'Brian), UB Coffeehouse, Greenfield Street Coffeehouse, The Law Revue, writing humor columnsand not-so-humorous columns. Simson's music, humor and good looks will be missed. - Boyer Responds To the Editors: The April 14 issue contained a Guest Opinion column by Dwight Wells which directed several questions at the law school administration. Since most of the questions deal with curriculum matters that fall into my jurisdiction, I'll try to provide some answers. I. Why is [sic] the criminal justice program all but disappeared from thecampus? The shqrt answer is that the criminal justice program is going because the-faculty who taught in it and the grant funds which supported it are also going. The Criminal Justice program was funded in part by a grant from the National Institutes of Mental Health, which expires after the current academic year, and was designed and largely taught by former Dean Richard Schwartz, who resigned from this faculty last year. The faculty attrition of the past two years has been especially severe in the Criminal Law / Criminal Procedure area, and we have not had any faculty members who were able to take over the program, or interested in doing so. (Trying to coerce uninterested faculty members to take over a program like this is a losing proposition in the short run because faculty members who are interested and expert in a - particular subject area are likely to do a better job in the classroom, and in the long run because it will be easier to attract and keep top quality faculty if they are able to concentrate on their areas of primary interest.) It's possible that something like The Criminal Justice Program could be revived if we rebuild our faculty strength in the criminal area. While I'm on the subject, I should say something about faculty turnover and recruitment generally. It seems to me about a year out-of inaccurate date to say, as Mr. Wells does, that the law school is "at a crisis point" and the "exodus of faculty continues unabated." I think that we have made it through the worst of the attrition, and that there is a lot more reason to be optimistic this year than there was a year ago. By my unofficial count, nine full-time teaching faculty resigned during the 1976-77 academic year, and — - Don't Ask Us 7b theEditors: What are "lies and deceit"? Don't ask us we just work here. Two weeks ago, the Student Bar Association (SBA) Board of Directors formed a subconrmittee to investigate school-wide phone abuse. In setting guidelines for the committee, Treasurer Madeline Bernstein pointed out that we would get more people to repay the SBA for illegitimate phone calls if we gave "anonymity" to students who came forward and offered to pay for calls during — to Curriculum Attack another five requested and received permission to take a leave of absence this year. By contrast, we had 3 resignations this year (all of them teachers who were on leave during the current academic year), and will have three faculty members ("full time equivalents") on leave or sabbatical next year. Beyond this, we have had two very good recruiting seasons during the past two years, and have added some real strength to the faculty. There are still some gaps, notably in the criminal and corporate law areas, although we are adJing a new faculty member who specializes in Corporations next fall and will have a visitor to teach Criminal Procedure. The law school administration and the Appointments Committee have been giving these areas top priority in their search efforts this year, but things simply haven't worked out as well as we had - We Just Work Here next few years will spend a major slice of their professional lives in courtrooms. If so, we may not do our students a service by encouraging them to load up their schedules with litigation offerings. Moreover, in a time of limited resources, there are real opportunity cost problems. Skills courses tend to be taught in very small sections, with low student faculty ratios; in practical terms this means larger classes, or fewer offerings, in other parts of the curriculum. what is now known as "Amnesty Week." Such a motion passed with a qualification: that anyone who had lied or deceived the SBA in the past or who does so in the future- would not be given anonymity. John Batt brought this qualification about because he was concerned President Andy Cosentino might be able, under the anonymity provision, to pay all outstanding illegitimate SBA calls and thus buy his way into anonymity. At that timeBatt was assured, mostly by Cosentino himself, that the anonymity clause would not operate that way. Cosentino has, to this date, paid for hundreds of dollars of illegitimate telephone calls. I believe he has paid for over half of the $979 worth of abuses attributed to the whole school. He has repeatedly alleged two things: that his wife made all the phone calls he has paid for, except for just a few particular ones; and that he had no knowledge that his wife was making them. During "Amnesty Week" Andy, a Yale graduate, paid for the Yale dorm room calls. Andy has admitted a friend of his lived presumably, a Another question is whatkinds in that room (But, friend of Andy's is a friend of advanced trial-skills courses of Andy's wife?) should be offered. It may be that •■ • should be advanced offerings specialized by subject-matters since there appears to be a fair amount of de facto specialization in the practicing bar. That is, somewhat different skills and techniques would need to be hoped. emphasized, depending upon whether someone was 2. What will this law school do contemplating a specialization in to begin training its graduates for antitrust litigation, or criminal courtroom work? defense work, or zoning and land This law school has already use proceedings, or welfare "fair begun doing a fair amount hearings." The problems are by no probably as much or more than means insuperable, but if most of the major national law advanced courses were to follow schools to provide an the route of specialization it could introduction to litigating skills. be a fairly tricky matter to match The courses in Negotiations, Trial student interest and faculty Technique, and Clinic, and expertise. perhaps Judicial Clerkship and Counselling as well, provide a 3. How can U.B. Law School reasonably broad opportunity to develop fundamental advocacy survive and improve within a skills, and of course there are also framework offiscal restraint? numerous moot court programs A very good question, and one and the Appellate Advocacy nobody can fully answer. So that course. I agree that there is room far, the University administration for more litigation-skills courses in has been reasonably responsive to the curriculum, but I don't think law school funding requests. that the questions of how many However, there are limits to how more, and what they ought to responsive they can be in a look like, are easy to answer. My of general fiscal austerity. response to Mr. Wells' question, climate Most innovative law teaching "Why can't the law schools adjust and certainly those programs their curriculum to recognize the which involve training in litigation importance of.trial work?" is, I'm more costly in faculty skeptical as to the importance of skills are resources than the traditional trial practice to most lawyers, large class, lecture/discussion most of the time. A large and for the short run, at probably growing proportion of course. But, least, we do nave enough the work of the bar consists of flexibility in our budget to move office work, such as technical a more experimental, drafting, research, writing memos toward innovative curriculum. V L quite and letters, negotiating, and that it's time for both agree informal oral and written making faculty and students to stqp presentations in an effort to get talking "Buffalo model" and start actions from various favorable doing it. bureaucracies. Reliable statistics' by, my to come guess are hard but Barry B. Boyer is that very few of those who graduate from law schools in the Associate Dean — — - - At the April 19 SBA meeting the Phone Investigatory Committee gave a preliminary report and expressed concern that Cosentino may have lied to the SBA in his two allegations. They asked the SBA for direction, wanting to know if they should proceed in trying to find out whether Andy did, in fact, make some of the calls he attributed to his wife or knew that his wife was making calls. The issue boiled down to: what did we mean two meetings ago by "lies and deceit"? In a roll call vote, the Board ruled 4-3 with 4 abstaining, that if a party paid for telephone calls, no "lies or deceit" attach to these calls. In other words, the Phone Investigatory Committee should not look into whether Andy was lying to us for the past two months, because it is irrelevant; "lies" are not "lies". From where do 4 Board members (Cathy Kaman, Jeff Licker, Joe Rotella and GladysLa Forge) derive the power to overrule a perfectly unambiguous previous ruling? How can four others (Mark Pierce, Mary Anne Cupo, Jim Maloy and Madeline Bernstein) abstain from voting on such an important issue? Why are John Batt, Lew Steele and I disheartened and disgusted? Don't ask us we just work here. - — Mike Shapiro Referendum Now Moot Recall Petition Withdrawn To the Editors: In my letter to the editor in the last issue of Opinion, I stated there would be a referendum in which the students would decide whether or not to recall Andy Cosentino. At that time I did not foresee Andy would resign. In view of this fact, I feel the referendum is moot, and 1 will not ask that it be held. I would like to thank the 197 individuals who -showed an interest in their government by signing the petition. It is disappointing the SBA's action in delaying the referendum has prevented the students from further expressing that interest. In the future it would behoove the SBA not to ignore the voice of concerned students. Paul Suozzi An Unique Haiti &df001 AN UNIQUE LAW SCHOOL - The Law School of the University is unique in one respect: the lecturers, with one exception, are active practitioners, and with four exceptions serve without compensation. The board comprises many of the ablest and busiest men in the city, and they make it a point to prefer their lecture engagement to professional business except when they are actually engaged in trials. The result is thus described in a recent circular issued by the board ofcontrol: "In the course of the arguments at Albany it was discovered through the report of Mr. Franklin M. Danaher, Secretary of the — State Board of Law Examiners, that of the seven law schools in the State, the Buffalo Law School stands at the head in point of standard; that in percentages of successful examinations taken for admission to the Bar, our school is first, and alarger proportion of our graduates are successful than of any other school. This fact itself was powerful argument against any proposed change in our system of instruction, and it indisputably established the truth that instruction in law is best secured from lawyers in the active practice of their profession." - from the March, 1897 issue of The Green Bag, a lawyers' magazine published in Boston, (submitted by April 26,1978 Joel Hockett) OPINION 3 �BitchTickets Overdue Cassettes The following, people have borrowed cassette tapes from the Audiovisual Department which are now overdue David Abbott David Alexander Ann Herman Jeff Katz Ken Landau Roz Lipton David Molik Ray Power Hector Santiago Stewart Schlem Philip Szabla Dick Troll Stephanie Baynon Tom Bender Cheryl Block William Brooks George Colettis Kathy Drumm Carole Egan Rick Enderberg Lloyd Fair Christ Gaetanos Harcey Soss Ron Hager Janice Trybuckiewicz Mike Wargula Lenny Zuckerman COMPLAINT No 44 The student conference room two doors down from the Xerox room is always overheated. Please adjust, repair or modify as Women's Law Conference Underestimates Abilities The Ninth Annual Conference on Women and the Law was held in Atlanta, Georgia from April 6 through 9. There were approximately 3000 people there, most of whom were women. Law students, attorneys, teachers of law, and government administrators were the participants, as were a contingent of people wearing "I am not a lawyer" buttons. Approximately 10 people from the Buffalo area attended. Any attempt to focus on "women and the law" requires an analysis of what that means: Is it a look at the areas where women are the subjects wife abuse, wages for housework, forced sterilization, employment discrimination, for instance or is it women interacting with every facet of the law women as teachers of law, women in court, women preparing employment discrimination cases? While there is no need to make a choice between the two, there is a need to realize that there is a difference. In times past, these kinds of conferences would focus on women as victims of the judicial system, indeed, victims of the society at large. Here, people were not satisfied with discussions of women as victims atone they know the problems. They wanted to discuss action, both the action they are taking individually as attorneys in traditional firms, as US attorneys, as DA's, as tax analysts, as legislative aides, as administrators, and in groups feminist collective firms, at Equal — — - — Employment Opportunity — necessary. subjected to an hour and a half summary of the problem ho - hum. In a third, where we had met to discuss the availability and the advisability of censorship of anti-women literature, it took an outraged audience to bring up the First Amendment. On the other hand, the insistent responses of the audiences was exhilarating. In workshop after workshop, women demanded discussion of the issue, and it spilled out into the halls and elevators. It was obvious to me that a conference on women and the law can no longer be confined to focusing on reviewing areas where women are victims. We're in the system now; we're committed to it and we're working with it. We have questions about the admissibility of certain kinds of testimony in certain kinds of cases in certain courts and we want to talk about those questions at conferences. For this reason, there were workshops which focused on narrow topics such as Proving a Sex Discrimination Case at Trial or Reform of Social Security. There were, unfortunately, just not enough of these. There's also a great deal of theorizing to do, thinking out loud about legislative reform with a group of experienced people who have a similar focus and purpose. There was some of this. A panel 0 f nine Big Guns in the field of marital property reform discussed the problems and considerations in such work. A similar workshop focused on a proposed revision of social security. They were an opportunity to hear the best people in the field talk about what they think the problems are. Did I learn much? Yes, I guess I did: There are a hell of a lot of very smart women out there who are all very interested in doing a good job while coping with being professionals, with working with men and working for women. I also learned that Atlanta is a very Commission and state fair employment agencies, as teachers and as students. This is my major criticism of the Conference the misperception and specifically the underestimation of the abilities of the participants. In a workshop on "New Economic Models for Estimating Value of Women's Work," one critic of a particular theory was told she was too smart. In another seminar on wife abuse, an audience consisting of tacky town. people who have spent years involved in the problems were — Sheryl Reich GRADUATION USHERS NEEDED Any law student interested in ushering at Commencement should leave his/her name in the Placement Office. There wilt be a rehearsal on May 25. Commencement is May 27 at Artpark. 4 OPINION April 26, 1978 COMPLAINT No. 43: Last year the month of May was rather hot Not surprisingly the library was also hot because the air conditioning was not turned on, at least until finals week, or close thereto. Therefore I'm asking now if arrangements can be made to have the air conditioning turned on in the early part of May. It is true that Buffalo weather is rather erratic, however, I think most people would prefer to wear a sweater or something which serves a similar function on those days when it is cold outside (and therefore cold in the library once the air conditioning is turned on), than they would prefer to sit in a sweat box. RESPONSE: We have complained to the proper authorities, and can only hope with you that the air conditioning system will be adjusted. This is, as you pointed out, a seasonal problem and one which the staff is well aware of. RESPONSE: This room, like the rest of the building, has its heat problems. The thermostat in Room 222 is broken which may have something to do with why that room gets so unbearable. We have notified maintenance, but can make no promises. COMPLAINT No. 45: Why does the library close at 5:00 pm on Saturday? Should it? RESPONSE: The library has always closed at 5:00 pmon Saturdays. This is due primarily to budgetary constraints. Two years ago the library was open later on Saturdays for a one month trial period and statistics showed that use was not heavy enough to warrant staying open later on a regular basis. The library now opens two hours earlier on Sundays (i.e., noon). COMPLAINT No. 46: If one posits that an underlying goal of any library and particularly one with a shortage of funds is to maximize potential use of existing resources and accommodate all legitimate users of materials, then several policies of this library, particularly as regards private "faculty collections" are particularly indefensible. My complaint is specifically directed to the massive collection of Tax Law materials stashed away in Professor Del Cotto's office. Since Del Cotto is not even here this year, the justification for such a hoard is even more tenuous than otherwise. This is especially so since many of these materials are one-of-a-kind, e.g., CCH Loose Leaf Reporters, etc. Obviously, such a policy benefits only the pernicious publishing pursuits of professors, in gross derogation of the fair entitlement of students to have general access to those materials locked up in the attorney's room (Prentice-Hall Tax Reporters, RIAA Tax materials, etc.) This problem is all the more reprehensible because the location of these materials is nowhere evident from the card catalog. Indeed, the card catalog directs users to an empty shelf on the Fourth floor. Finally, a suggestion: why not simply put these items on reserve in the library? Surely this would — — _ accommodate both professors and students! Really, it isn't unreasonable to ask professors to share valuable looseleaf services with students, especially when there is only one copy!!!!! RESPONSE: 1) The complaint begins with a factual error. There is no "massive collection" of materials of which "many" are one-of-a-kind, "stashed away" in Del Cotto's office. The material located in faculty offices, with rare exception, is limited to duplicates. The exception was the Tax Coordinator, a set which was very infrequently used but useful to have, and that set is now in the locked access'lreserve area called the attorney's room, which is accessible to everyone. The CCH Tax Reporter is the only set which is not duplicated in the attorney's room, but material contained in the CCH is duplicated in the Prentice-Hall Tax Reporter. The PH Reporter is accessible in the attorney's room. And, if you do need to see the CCH Reporter, ask at the circulation desk and someone will provide you with access to the material. 2) Apart from the error of fact, the complaint is based on a premise which simply conflicts with the reasons for a law school You may disagree and feel that teaching students is the only function of a law school. To the contrary, as a part of a university center, the law school has an equally important research and scholarship function. Scholarship is neither subordinate to nor dominant over the teaching function of the school. But scholarship is a responsibility of a law school, and therefore there is a policy of locating duplicate material in faculty offices for purposes of either basic research or preparation of teaching material, or a combination of the two. And, it is not justified by the "pernicious publishing pursuits of professors." Whether in a time of shortage of funds or a surplus of funds, a goal "to maximize potential use of existing resources and accommodate all legitimate users of materials" is meaningful only by reference to the several priorities of a law school and a law school library. 3) The material which you refer to as being "hoarded" in the attorney's room, is not necessarily one of a kind, and it was located there to make it more usable. Ideally, it would be on an open shelf. But, this material has been subject to a high rate bf vandalism. Initially, it was placed behind the circula tion desk to facilitate its use. We thought that by converting the attorney's room into what is really an adjunct to the circulation and reserve collection, with access for all users by a key checked out at the circulation desk, we would make the material more usable while retaining some degree of security against vandalism. The location of this material is being properly indicated in the card catalog. You can also check with the reference librarians to find a full list of looseleafs and their locations You might be interested to know that the Library has subscribed to several new looseleaf services. Among them are: Energy Users, Housing and Development, International Environment and Product Safety and Liability. University Press Acknowledged To the Editors: You can vote old Opinion editors out of office, but you can't keep them quiet. •Last week, John and I extended our thanks to the Opinion staff who, though not always visible to the law school community at large, were instrumental in keeping the paper alive for 11 issues. This issue, John and I would like to show our appreciation to another staff who has been responsible for what you see in each Opinion issue the production staff at University Press. In particular, we must acknowledge our debt to Cheryl - Pestell, outgoing Production Manager at UP, for her contributions to the paper. Cheryl new editorial board, along with began her association with our UP's Bill Brickley (voted most infamous publication by typing likely to have to deal with Opinion copy four years ago. Opinion next year), can continue Cheryl has continued to work to come up with a quality with the paper since she has been product. We would also like to at UP and has contributed time thank the rest of the Press staff and effort above and beyond the for their help: Janice Williams, call of duty. John and I will never especially for her leprechauns, forget Cheryl's helpful suggestions Marie Bernard for managing to as to what we could do with our keep the front office sane while copy! In any event, without we massacred our layout in the Cheryl's assistance, we never back, and all those who have would have known just how high typed our copy when most of it the duck really is [see the was illegible and disorganized. Simson-Hunter maiden issue Thanks again and good luck. April 28, 1977]. Cheryl thanks Just remember Cheryl, we won't for everything. We wish all the have one another to kick around bestfor you in your new "status." anymore! While Opinion will not be the Take care, same without Cheryl's input Kirn Hunter [groan], we are certain that the and John Simson - — �New Book Looks at Dynamics by Mike Buskus journal articles supplemented by notes and questions. Louis M. Brown, Professor of Law at the University ofSouthern California and Edward A. Dauer, Associate Professor of Law at Yale University have written a new book. Entitled Planning by Lawyers: Materials on a Nonadversarial Legal Process, their work was published by the Foundation Press of Mineola, New York in spring of 1978. The authors have divided their 942 page work into 14chapters. Brown and Dauer have eschewed writing another "case" book, in favor of directing a substantial volume towards what they describe as the law's "Fourth Estate," the law office. The authors begin with a brief survey of some ethical concerns pervasive to the profession. Selected portions of the ABA Code of Professional Responsibility form the backdrop to consideration of questions posed by the authors. The authors present some selected cases as well as a thought-provoking excerpt from Monroe Freedman's ethics text regarding the propriety of counseling a corporate client about illegal activity. Also included is a lengthy selection from Columbia Law Review about ethical issues facing securities The authors also examine internal dynamics and economics of the law office, reprinting statistical tables and a variety of articles about the delivery and pricing of legal services. Substantial references are made to other materials, including a variety of texts and articles. The issues of delivery and pricing of legal services form the grist of chapter four, which includes substantially the entire opinion in Goldfarb v. Virginia State Bar, a 1975 case dealing with the issue of minimum fee scales. Chapter 5, "Solicitation and Responsibility" deals with the issues of advertising and procurement of legal business from clients. Bates v. State Bar of Arizona is covered in depth. Substantially two-thirds of the text deals with the real essence of typical law office services for clients: e.g., negotiating contracts, counseling about various business decisions, drafting wills and real estate transactions, tax advice, etc. The primary emphasis here, as in later chapters dealing with specifics of property transactions and family law issues, is one of planning and preventive law. For example, the authors repeatedly advocate consideration of the tax implications of any property lawyers. Chapter 2, "An Officer of the transfers or corporate Court" approaches the topic of organization. Brown and Dauer have professional responsibility from the Court viewpoint. Several cases gathered and compiled a very on judicial discipline are included, extensive set of materials relating including a 1932 disbarment case to negotiating business and other example, they from Wisconsin, State v. Cannon. agreements. For Chapter 3, "The Counseling reprint a portion of Paul, A New Function" introduces the real Role for Lawyers in Contract substance of the book. The Negotiations, 62 ABAJ 93 authors posit that while lawsuits (1976): "There is a way to handle have considerable impact upon the negotiation of certain litigants, much, if not most of the commercial and financiallawyers' role is not litigation, but contracts that can save 50 to 60 rather counseling and the percent of the legal fees involved. rendering of advice to clients. ..[T]o economize on legal fees They argue that "the greatest run in some instances both parties of decisions by courts and mutually should retain the agencies have but an attenuated services of a single member of the effect on most private individuals' bar to prepare a fair contract affairs. The law office, on the between them." The authors also offer some other hand, impacts on its clients directly, frequently, and basic, but often overlooked concerns in the drafting of significantly." Substantial discussion is given documents. They remind readers to issues of dealing with clients on that consistency (with other documents) and a level understandable and papers and ambiguity (the lack of it) are intelligible to them. The authors suggest, for example, that an crucial in avoiding possible future provide a number initial client interview limited in litigation. They scope to merely eliciting facts of specific suggestions and process. may well obscure the client's real cautions for the drafting Subsequent chapters deal in real desires. The or concerns authors use extensive reprints of more technical detail with ofLaw Office planning concerns for resolution of marital disputes, bankruptcy problems as well as transfers of real property. An admixture of cases, questions, comments and generous selections from journal articles form the basis for these portions of the text. The concluding chapter deals with issues germane to the small business and franchise. This book is very unusual. It almost defies easy description. Where else in a law book might one see citations to (and excerpts from) psychology journal articles, the Wall Street Journal, sociology treatises, as well as the more traditional fare of Law Reviews? Particularly interesting is the authors' use of the classic "three by three" dot matrix creativity problem. The problem involves a graphic figure of nine dots, grouped in three rows of three dots each. The problem is to draw four straight lines (going through all nine dots) without lifting the pencil from the paper. This is but one example of the authors' own decision to discard normal limitations imposed by conventions often assumed in procedural obstacle to getting down to substantive business: the shape of the table After studying nearly two dozen designs, the negotiators at last agreed on the shape of the table: ... it will be round." In sum, this book is unlike any law book this reviewer has ever read or seen. It is unusual, and at times wanders from the areas normally thought germane to law practice. The book is worth reading. It suggests a substantial number of areas (e.g., setting fees, precision in drafting documents, etc.) that need more attention by law offices. The authors obviously are speaking from considerable experience (indeed, the text cir.es a number of sources written either individually or collectively by the authors) and they convey a message that planning in law is often ignored, relegated inexplicably to inferior status to the much emphasized (in law school, at least) area of litigation. The book does suffer from some problems. At times the discussion rambles into rather minor points. In spots one senses a rather substantial reliance on articles of others (evidenced by virtual reprints in some areas). In most areas of the text, however, that dependence is balanced by thoughtful comments and questions. On balance, the precise usefulness of the book is difficult to ascertain. Indeed, there is not any book exactly like it now. The text would probably be well suited to a seminar-type "counseling" course in which supplemental problems of a real (hypothecated) client were also provided. Canfield Needs Senior Volunteers Those already participating in the senior survey who Dean Allan Canfield's doctoral misunderstood the procedure are study dealing with achievement, welcome to withdraw their data classroom interverbal behavior sheets. Those interested in legal textwriting. volunteering may pick up the and courtroom effectiveness. At various other places in the be used to materials in Canfield's office, will Grades text, results of statistical surveys determine the measure of room 311 or leave their names or other information about the Numbers will be with him at home, 688-7579. interaction between clients and achievement. Students who wish to meet for names to avoid substituted the law office adds to the realism reporting grades. with Canfield to discuss his individuals' of the analysis. Other real will be reported as data research, he said, are welcorre to occurrences are interspersed to Results do so. array. add interest and historical balance. Thus, in a chapter on negotiations, the authors preface The Law Library will once current I.D. or course printout, their discussion with a quote from again be reserving carrels for law will be allowed to sign up to use a 1969 issue of Time magazine: students during the exam period. the carrels. The carrels will be reserved for "When the history of the Viet The service will start Monday, one day onfy, and any library Nam peace negotiations is written, May 1 and last until May 19. posterity will probably look with Carrels will be signed out at the materials left in the carrels will be astonishment on what has proved reference desk each morning. shelved after the library closes in to be the most important Only law students, showing their the evening. Seniors are needed to participate in Assistant to the Daily Carrel Sign-Up Starts May 1 APRIL 30! That'sthe final registration date to be eligible to take the BAR/BRI Computer-Graded Pretest. There is no additionalcharge for the Pretest andallpersons already enrolled are eligible. If you have not yet registered, yourenrollment application must bereceived in our New York office Directions to Millard Fillmore's Grave by Sp.m. Enter cemetery at Delaware-Delevan entrance. left past the office, taking'the road which is closest to Delaware Avenue. Continue across the creek over the bridge. on April 30. Keep bmbn After crossing the creek continue on the left hand road. Turn right at the second road MR REVIEW on the right, where there is a sign pointing to Millard Fillmore's grave. It is marked by a pink granite stone enclosed in a green fence halfway up the hill on the left. 401 Seventh Avenue, Suite 62 New York, NewYork 10001 . New York (212)5043696 New Jersey (201) 623-3363 April 26,1978 OPINION 5 �Culinary Counsel International Sausagemaking: Some Favorites by Kevin Powers Few areas of gastronomic wizardry offer as much satisfaction as sausagemaking. The process can be broken down into three basic steps: chopping or grinding the meat, mixing the ingredients and stuffing the casings or forming patties. Though a cooperative butcher is helpful in grinding the meat, the. chore is easily done at home. As with| most things in the kitchen, the old-fashioned way of chopping the meat by hand is the superior method. To facilitate the hand j method, the meat should be cut into strips and chilled, but not quite frozen. An extremely sharp knife is essential here. The meat should be chopped into 1/4-3/8" dice for most sausage. Although the hand method produces the finest product, the old-fashioned, hand cranked meat grinder that Grandma used to use is a close second. So, get Grandma's old meat grinder out,, attach it to the nearest table and get ready to make some of the finest sausage you ever tasted! The best cut of meat for sausage making purposes is "butt" or "Boston butt." Buy it with the bone in as the bone is small, and appearances aren't your concern at this point. Cut the meat into IVi-2" cubes and put it through the grinder with a 3/8" plate installed. When trimming your meat, remember the best sausages contain 1/4-1/3 fat. Try not to exceed 1/3 fat. Mix the spices (recipes to follow), and put the meat aside to bloom. Blooming is a sausagemakers'. term which describes the time allowed for the spices and flavors to mix adequately. While the meat is blooming, ydu can prepare the casings. Sausage casings are usually hog intestines. They are available in area supermarkets and come packed in salt. Three pounds of meat will fill 36-48" of casings, depending on the size of the casing and how firmly the sausage is stuffed. With a well-washed thumb, force POWERS PERFECTLY the meat mixture through the funnel DELIGHTFUL and into the casing. The casing will PURE PORK SAUSAGE pull itself off the funnel as it fills. If the casing binds, wet it with cold VA Ibs. pork butt water dripped from a sponge. If the Ib. salt pork 3/4 casing tears, keep on going until you garlic finely minced 1 dove have filled all of it. Use somewhat 1 tsp. salt less pressure as you approach the 1 bay leaf crushed weak spots you noted earlier. to taste allspice a If you are suing sausage stuffing tsp. black pepper 1 attachment to your meat grinder, be egg sure to remove the knive and plate so 1 onion minced 1 that the meat is not ground twice. 1 tsp. rubbed thyme When tying the sausage into links, parsley use cotton string, as synthetics have 1 tbsp. Grind pork with 1/8" plate. Mix a. very nasty habit of melting. Tie other ingredients very well. in both ends of any tears first, and for Refrigerate 1-2 hours. Shape into continue until you have tied off the patties and freeze. To cook, fry in number and size of links that are 50/50 mixture of butter and olive appropriate. Finally, (this all sounds more oil. complicated than it really is), hang the links in a cool place for an hour or so to let them form what the i sausagemaking establishment calls a \ bouquet. This is really a second J *f* BREAKFAST PORK SAUSAGeV blooming. ' ' ITALIAN PORK SAUSAGE WITH FENNEL (f \X 3 Ibs. pork butt VA teaspoons salt f*% [[ 2 tbsp. freshly ground pepper VA teaspoons crushed fennel seeds <f\ hot pepper flakes to taste V. 2/3 cup red wine Trim meat and remove fat until proper Va-Vi ratio is achieved. Grind meat with 3/8" plate or chop by hand. Blend meat with spices and wine. Allow to bloom. Stuff casings or form patties. Broil or pan fry. \) 2% Ibs. pork butt /p y VA tsp. sage Vi tsp. marjoram Vi tsp. savory 2 tsp. salt 1 tsp. black pepper % tsp. ground nutmeg % cup water Grind meat with 3/16" or 1/4" plate. Mix iseasonings in well. Stuff into sheep casings or form into patties. Fry until well browned. BRATWURST/) 3 Ib. pork butt Vi Ib. beef Va Ib. pork fat 2 tbsp. salt 1 tbsp. ginger IVi tsp. coriander 1Vi tsp. pepper Vi tsp. dried mustard \2l T) Jj 2 Ibs. beef 2 tsp. fresh chopped garlic Vi tsp. allspice Vi tsp. cloves % tsp. thyme VA tsp. saft 1/8 tsp. black pepper Vi cup beef scotk Grind with either 1/4 or 3/8" plate. Mix spices in very thoroughly. If ground with Vi" plate, shape into patties or 1" thick by 3Yi" long sausage rolls. If ground with 3/8" plate, stuff into casings and tie off into 4" links. Ed. Note: The following recipe was discovered in the Opinion office during our recent spring cleaning, which is why it wasn't printedin the last issue. (Sorry, "Kid"!) WHOLE WHEAT AND HONEY BREAD submitted by the Kid I've been making the following bread on a regular basis for about 5 years. It's time consuming, but if you're kickin' around the house for 8 hours or so some Saturday, why not? The reasons why this particular bread? I've made somewhere in the vicinity of 25-30 yeast breads and rolls over the years, and this is easily the most used as: I) It uses no sugar; 2) It uses only whole wheat flour; and 3) Kids love it. 3 cups warm water V Vr MITITEI Romanian beef sausage 3/4 cup honey 2 pkgs. dry yeast < * Grind with 3/8" plate. Mix in spices and stuff. To cook, simmer in Vi" water for 15 minutes. Drain. Take out as much casing as you KIELBASA X Saute in butter until brown. think you will need. Pour coarse or Kosher salt into the package to 4 Ibs. pork butt Y replace the satt lost and store in the 3/4 Ib. beef refrigerator. Stored in this way, 1 medium onion, chopped vs»^ v casings will keep for a year or more. 2 cloves garlic minced ~-*«' use to Never iodized salt pack 3 tsp. whole marjoram SPANISH CHORIZO casings, as the iodine will eat holes in 1 tsp. powdered sage them (nasty stuff that iodine). Soak 1 tsp. thyme H 2Vi Ibs. pork butt the casing in several changes of cold 2 bay leaves 3A Ib. pork fat water for 3/4-1 hour. This is to 2 tsp. salt V remove the salt and restore the 2 tsp. peppercorns, coarsely crushed 2 fresh red peppers, seeded & sliced casing's elasticity. 1/3 c. red wine Vi tsp. ground nutmeg 1 dove garlic, crushed Using a wide funnel or a sausage olive oil 1 tbsp. wine vinegar stuffing horn that fits your meat Graid meats with either Vi or 3/8" 1 tsp. Spanish paprika grinder, carefully slide one end of onion and garlic lightly. Vi tsp. salt the casing over the end of the funnel plate. Saute remaining spices (except salt, Vi tsp. chili powder Add and bring several inches of the casing and and 1/3 cup Vi tsp. crushed dried red pepper pepper nutmeg), on with it. Run cold water through warm water. Stir and simmer 2 Grind pork, fat, and red pepper the funnel and into the casing as you slide more and more casing onto the minutes. Let mixture stand, covered, with 3/8" plate. Mix in remaining about 10 minutes. Remove bay ingredients. Stuff into casings and tie apparatus. Make a mental note of where any tears or holes occur in the leaves. Add spice mixture to meats off in 7-9" links. Cook as fresh casing. Leave about 2" of the casing and then mix well. Add salt, pepper sausage; simmer in Vi" water and then brown in olive oil. hanging from the end of the funnel. and nutmeg. Stuff into casings. Page six OPINION April 26,1978 Q K 1/4 cup melted butter or margarine whole wheat flour (lots) 1 tablespoon salt Make a yeast starter with 1 /2 cup water and 1 tablespoon honey and the yeast. Combine the rest of the water, honey, butter, salt, and about 4 cups of flour. When the yeast starter is right, mix it in and stir really well. Keep adding flour until you get a good stiff dough. Knead the dough, adding as much flour as the dough will absorb. The kneading should be thorough. Place the dough in a greased bowl and let it rise to about double. (The bowl should be placed in the oven with a pan of hot water beneath it and a damp towel over it. Make sure the bowl is big enough so the dough will not contact the bowl.) Punch it down and let it rise again. Now split it into 2 loaves and place in loaf pans to rise yet a third time. Then bake at 350 degrees for 40-50 minutes (experience will teli.) For a real kid pleaser, brush the tops will a little honey while the loaves are hot. The bread has no preservative and will tend to dry out if not well wrapped after a loaf is cut. �Wide World of Torts Provisional Remedies: Simson for Governor by John Simson sample letters and threats, so that you can know the kind of pressure I've been going through I have been saving this last column for two and one half in order to bring you good years. We all must wait for the investigative journalism of the proper time and proper forum. third kind. (I never reveal my Too many third year students.do sources) hot understand this age old principle. They are worried Dear Wide World of Garbage, because they have not as yet I'm not saying you'll never get found "positions." a job, because I am leaving and the person who takes over my I do not worry. Today is the first day of the office might not get a line on you rest of my life. This is a good as quickly as I did, but that thing to say. It is almost as nice as claptrap you wrote about the Clairol's latest hair coloring Placement Office was unfounded advertising campaign—which sends and untrue. First of all, we had its message to those burnt out two calls last year, and only one flower children of the Sixties who was a wrong number. Second, the are now dying their hair to law firms that expressed interest maintain their youth in the did not believe I was from "Looking out for Numero Uno" Harvard when they guaranteed 22 Seventies. Clairol's message: "Why job placements but from Yale! I not change the things you can!" have spoken to your editors and I hear that commercial once, they have assured me that you and terminal despair sets in. But will not be released on the general enough background material; public again. Simson said he's been saving a Unsigned Placement Director column; let's hear it. Today, I am giving Opinion a Dear Torts, In your last column you journalistic scoop in announcing my candidacy for the 1982 New dishonestly claimed that I had York Gubernatorial Race. single-handedly overruled the Law You're probably wondering of Gravity. As anyone why I make such a big deal of this knowedgeable in Supreme Court here in the Wide World, well affairs should be aware, one consider the following. This justice by him, (or her, God help newspaper is read (maybe) by 800 us,) self, cannot overrule the Law future lawyers of New York. They of Gravity. Chief Justice Burger will return to the communities did in fact concur in my opinion. from whence they came and Wm Rehnquist become very well-known folks. In P.S. t would appreciate it if you four years when the campaign would not disclose to your readers trail is hot, they can arrange for the help which you gave me in my speaking engagements, rallies, Aldinger v. Howard. I did in fact etc. These 800 lawyers are the mean "sic utero damnum supine key to my campaign. Most of you negligence" when I used the word are probably thinking these 800 Impleader. lawyers all come from Brooklyn! I WR think that overstates the So Wide World comes to a distribution of our class somewhat. However, as an astute close. Before I go, one more politician, I have made other skeleton, Opinion's taping system never mind. arrangements in Upstate New York. You may ask why you should work for me? There are many reasons. When the governor of by Bill Brooks New York is a UB Law School alumnus good things start to It would probably be fair'to happen. The job market suddenly explodes for UB law graduates. say the Justice Department during (Note: since Jimmy Carter has the Nixon administration was not been president, not one Annapolis the most politically" neutral body graduate has been denied a job in in government. Things were supposed to change when the the federal government!) Picture Al Katz on the Court' peanut farmer took over. How of Appeals. Justice Breitel: "What much the department has changed do you mean you don't balance. is open to question. It does You're a judge now"!" Katz: "I'd appear, however, the department has not changed its attitude rather juggle than balance." Picture yourself in the state toward the publication of government. It could happen. So classified material. Under former remember, not this year, not next President Nixon's executive order, year, but in 1982, Simson for this is defined as material which if disclosed "could reasonably Governor. I have some other unfinished [be] expected to cause damage to business. Wide World of Torts has national security." In the early 19705, Victor not in the existed non-controversial vacuum that its Marchetti and John Marks wrote non-plussed author carries with 77je CI.A. and the Cult of him through his daily chores. Irf Intelligence. The C.I.A. then fact, most of this year he has been sought to enjoin certain passages running scared. Opinion has been of the book claiming Marchetti harassed by a multitude of had signed an agreement with the lawsuits designed to prevent my agency not to publish or column from appearing. Luckily otherwise disseminate information for me, Opinion's battery of relating to intelligence sources, lawyers has kept me out of Court, methods or operations without up until this time. Below are agency consent. The 4th Circuit in opinion by Clement printed for your benefit, some an . . .. Standing: (1-4) Stuart Markowitz, John Gilbert, Jim Morris; kneeling: (l-r) Danny Kohane, Jim Kelly, Dave Gallo Schwartz on Sporte Underdogz Triumph in Basketball Final by Michael Schwartz " Yaz, sir he's my baby " Reggie Jackson Since Larry Meckler was somewhat of an inspiration to me in the writing of this column, I decided to reread the final "The Heck with Meek" {Opinion, April 22, 1976) to get an idea ofhow a law school sports writer should end his career. Meckler, being somewhat less modest than myself, compared his life to the life of Babe Ruth. It should be quite clear to everyone by this time that I would (never lower myself to comparison with someone primarily remembered for his career as a Yankee (although,-like Sparky Lyle, the Babe did have some redeeming years as a pitcher for the Red Sox). Instead, I would like to congratulate the Commissioner and all who participated in the Law School Basketball League for a fine season. In the recently completed championship game, Team 12, led by game MVP John Gilbert, roared back from a half lime deficit to defeat favored Team 9. The effective outside shooting of Bob Fleming and Steve Gerber had combined with the inside drives of Chuck Kelton to carry Team 9 to a four point lead, which they maintained throughout the first half. Their well-organized passing attack created a high percentage of open shots, which were consistently converted into easy baskets. The second half seemed like an entirely different game as Team 12 outscored their opponents 19 to 7. All Stars John Gilbert and Stuart Markowitz were virtually unstoppable, scoring all but 4 of their team's final total of 30 baskets. The inside work of Gilbert was complemented perfectly by Markowitz's fine perimeter jump shots. In addition the improved defense of Team 12destroyed the teamwork that Team 9 had employed so well in the early going. Team 9's offense, which must control the tempo to work as planned, completely broke down as the game progressed. The 30-22 final score accurately reflected the rout that the game had become. Team 9 had advanced to the finals by beating Team 13, which had been led all year by the play of Rich Epstein and Jack Sylvester. Team 13 fell behind early, but managed to stay close until Team -9 pulled away eventually winning 30-23. The other semi-final game also ended in a 30-23 score, as Team 12 overcame early difficulties to defeat Team 1, who had displayed a well balanced attack throughout the season. The SCHWARTZ ON SPORTZ All-Star Law School Basketball Team: RICH EPSTEIN Team 13 808 FLEMING Team 9 JOHN GILBERT Team 12 STUART MARKOWITZ Team 12 - - - - Government Suit Seeks Damages and Censorship Haynsworth (who might be sitting on the Supreme Court today if the Senate had any idea Tricky was going to nominate William Rehnquist if Haynsworth was not confirmed) upheld the validity of the contract and permitted the deletion of some but not all portions of the book that the C.I.A. had requested deleted. An author in a recent Village Voice article has pointed out that the C 1.A., in a recent internal memorandum, noted it deliberately excised numerous passages from the Marchetti book that had nothing to do with national security in order to have "bargaining chips" when appearing before the court. Tom Snepp did not want to become the second person in U.S. history to be censored in such a manner. Snepp was a high-level C.I A operative in South Vietnam who thought the evacuation of South Vietnam was a fiasco He tried to tell that to the C.I.A. through an internal memorandum but the agency ignored him. He figured if he told the agency he was going to write a book about the matter without submitting his manuscript for agency approval, they might butcher the book to On February 15th, the Justice Department initiated a civil suit claiming Snepp had "unjustly enriched himself," and seeking damages at least equal to the death. He thus led the C.I.A to believe he would submit the book for approval when he had no such idea. The book Decent Interval, author's present and future was published before the agency earnings from the book. In had an opportunity to excise addition, the agency sought to portions it deemed embarrassing. enjoin Snepp from further writing I can see my friend Mr. T. or speaking about his C.I.A. Bender smirking and saying experiences without prior agency something to the extent of "Why screening does this radical believe the C.I.A. One commentator has pointed was after embarrassing out and it is hard to believe he information? Does this schmuck is wrong that the government is ever believe perhaps the material only interested in stifling dissent, that would have been excised instilling a fear in government might have been crucial to officials, ex-officials and national security interests?' Well publishers alike. The government Tom, neither the C LA. nor will not benefit at all financially anyone else has yet to claim from this suit. Snepp's advance Snepp has compromised any was less than Vi of his C.I.A. security information. Rather, salary, and if the government wins Decent Interval is an historical the case it will realize less money account of the evacuation of than it costs to bring the suit. Snepp's chances of winning South Vietnam As such any information that would have been appear to be decent at least. If deleted could not have been this is the case, or if the harmful to this nation's national government cannot establish the information in question does not security interests. Left at the starting gate by meet the minimum standards for Snepp the government decided classification, then all may turn not to take things sitting down. out well in the end. — April 26,1978 - OPINION 7 �New Faculty Members Hired Diverse Fields Represented been Marshall Breger in visiting specializing Marshall Breger, a Associate Professor of Law has accepted a permanent teaching position at UB Law School. Breger has been an assistant professor of Law at the University of Texas, where he taught courses in Legal Profession, Law and Medicine, Administrative Law and Civil Procedure. Breger received his J.D. degree from the University of Pennsylvania in 1973. Editor of the Law Review, Breger graduated magna cum laude. interested in political theory, Breger was granted a degree from Oxford University in 1970 for his thesis on the political Theory of Technological Society. He received his B.A. in Philosophy and M.A. in American History from the University of Pennsylvania in 1967. Breger served on the Board of Directors of the Legal Services Corporation, Washington, D.C. until 1977, and was a Contributing Editor of Texas Observer magazine. A former law clerk of Federal District Court Judge Marvin Frankel, Breger has published many articles and is presently working on more, including one on the Legal and Ethical Problems of Social Research. private practice in employment discrimination since 1971. He was a consultantfor the NAACP Legal Defense Fund and a staff attorney for the Lawyer's Constitutional Defense Committee in the early 19705. Spiegelman has taught courses in Employment Discrimination Class Actions, and Environmental Law at the University of Utah Law School. He has also taught at Hastings College of Law Golden Gate University Law School, and Wayne State Law School. Spiegelman also has some background in clinical teaching. He has clerked for Federal District Court Judge Jack Weinstein and done research under the guidance of Professor Herbert Wechsler. A 1967 magna cum laude graduate of Columbia University School of Law, Spiegelman has published a number of articles on employment discrimination He is 35 years old, married with one child Fall Grades Michael A. Schaeftler Michael Schaeftler has been hired to teach Corporations. Schaeftler has been working for Sonnenschein Carlin Nath and Rosenthal, a Chicago firm, for the past two years. Schaeftler is a native Israeli. He has six years of legal training in Israel. A magna cum laude graduate of Hebrew University Law School, Schaeftler clerked for the State Attorney of Israel, Ministry of Justice in Jerusalem and Michael Casp Bariste at Law a major Israeli law firm. Since coming to the United States, Schaeftler has received L.L.M. and S.J.D. degrees from the University of Michigan Law School. He was a research scholar for the University of Michigan and has served on the Hague Academy of International Law Schaeftler has published three articles dealing with international law and a book on the liability of corporate officials. He taught Hebrew while at the University of Michigan and is 30 years old Here are the grades for non-seminar courses from last fall for those of you who want to plan for next fall or justfind out how bad the damage really was. Note: Either UB students are getting smarter (not likely) or the faculty no longer believes in giving F's. Instructor Federal Tax I Federal Tax I Administrative Law Constitutional Law II Criminal Procedure I 115 26 loyce 69 Greiner 11 6 Albert 30 19 55 Mann" Ostrowski 13 71 12 Zimmerman 89 60 7 Schapiro 12 Birzon 111 Mugel 3115 Corporations Corporations Evidence Future Interests Family Law Gratuitous Trans. Labor Law Labor Law Property II Property II Int'l. Comm. Trans. State & Local Tax Comm. Trans. I Comm. Trans. I Trial Technique Civil Procedure II Consumer Protection Lawyer Client Clinic Fund. Munic. Law Govt. Info Law & Policy Blumberg loyce Kochery Atleson Reis Kaplan Leary Greiner Schlegel Spanogle Staff Kochery Spanogle Staff Magavern Boyer Graduation Requirements Cause by Robert S. Berger Robert Berger will be teaching Evidence and Civil Procedure. Berger comes from the Legal Assistance Foundation of Chicago where he is engaged primarily in federal class action litigation with special emphasis on the areas of mental health, health and Social requirement, Charles Wallin, J.R. Drexelius Avoid the headache of not graduating. Know the requirements. Basically three criteria must be met for a student to graduate from this law school. They are Assistant Dean of Academic Affairs and Registrar said. The class of '78 was required to add an additional number of hours to their first year required program because the' Court of Appeals did not approve their research and writing course. Thus, load (i.e., credit hours earned), 72 of'Q or better in law Security. their first year program consisted Berger is 29 years old, married, school courses, and residency. of between 27 and 29 hours Betweeji 81 and 83 credit 1973 graduate" and a of the on the way the depending required successfully hours are to University of Chicago Law School. He made Law Review and complete a degree. Essentially, research and writing course was this means the student must credited. It is confusing, however, graduated cum laude. While Berger has no teaching complete the required first year it only applies to this year's experience he has clerked for program plus an additional 54 graduating class.' The 72 hours of Q or better at Judge Luther Swygert in the credit hours. All students are also required the law school causes some Seventh Circuit Court of Appeals misunderstanding, Wallin said. All and been admitted to the Illinois to take Tax I and a seminar in either their second or third year. students must receive a minimum Bar. These courses count as part of the of 72 hours of Q, H, or S grades student's 54 credit hour to graduate. Paul J. Spiegelman requirement after the first year. While D is passing and will Paul Spiegelman will teach Any other electives taken during count toward the credit hour Civil Procedure and Employment the first year or over the summer requirement, it does not count Discrimination. Spiegelman has can be included in the 54 hour toward the Q or better rule. course # Amt. Personal # Amt. SBA 4 $ 4.57 251 $778.60 BALSA/AWLS 3 4.66 71 196.52 National Lawyers Guild 5 3.78 — Int'l. Law Society 4 7.24 6 4.85 TOTAL 16 $20.25 328 $979.97 — — Unclaimed # Amt. 61 $ 98.02 100 223.75 34 63.75 145 $385.50 PHONE BILLS The five groups who have so far responded to an SBA phone audit account for over $1,300 in personal and unclaimed phone calls. The first column above shows legitimate calls made. The second column shows personal calls which have been admitted. Unclaimed calls are in the third column. 8 OPINION April 26,1978 130 212 99 52 77 44 21 23 53 85 121 124 27 42 48 34 16 55 31 14 21 10 4 7 7 20 33 41 6 34 14 6 F's Q's D's 79 56 19 27 58 74 47 94 16 105 150 63 30 46 34 15 16 46 55 88 78 18 8 24 27 10 2 58 1 -- -3, 6 4 1 -9 7 --. 5 8 10 -2- — — -10 -5 -1 2 -10 1 Confusion The registrar also indicated the Q or Ifetter rule applied only to law school courses. An A or B received in graduate work under another part of the university or as part of a joint degree program could not be used to satisfy the law school's 72 hours of Q or better rule. Wallin admitted this penalized people who took part in a joint degree program, but pointed out the credits earned could be used to meet the 54 credit hour semester for six semesters, Wallin said. Each 12 hour semester is counted as 16 weeks for residency purposes. In order to graduate a student must complete 96 residency weeks (16x6). If a student drops below 12 hours per semester, he is considered a four year student and only receives 12 weeks a semester for residency purposes (12x8=96). By only earning 12 weeks residency the student is four weeks short for graduating in three years. requirement. There are two ways to make up Residency is the other major the residency requirements, Wallin graduation requirement. In order said. One way is to take an extra to complete a fulltime program in semester of courses. The other three years, students must take a way is to take two courses during minimum of 12 hours per the summer session. Some SBA Members Disappointed by Action — continued from page one people, Batt said. Legitimate Total No. H's Students Course Title However, the definition of lies and deceit finally adopted by the board in a 4-3 vote with four abstentions applies only to those people who did not come forward and claim personal calls within the one week amnesty period. As long as all illegitimate calls are claimed within the authorized week, the board said, it would not authorize an investigation into the impropriety of any individual. Phone abuse subcommittee member Lew Steele expressed disappointment with the guidelines adopted by the board. "I think we're not being honest because we should be interested in whether someone is taking responsibility for their action and if they're not, why should we hide them behind our subcommittee?" Steele said. Batt said he was also disappointed with the board's decision. "It didn't convey the meaning of my clarification. In fact it was directly in conflict with my intent," he said. SBA Vice President Kathy Kaman, who voted not to investigate any lies which may have been told to the SBA prior to the end of the amnesty week, said the who, what and why of the illegitimate phone calls were unimportant as long as someone was willing to pay for them. "No one cares who made the calls, as long as they get paid for," she said. The subcommittee's final report, due on April 28, will include a breakdown by organization of illegitimate calls as well as the total number of people in each organization responsible for the calls. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-04-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c66e8bf38af241d7ea2d9929a18348ad.pdf af929c3c402d585be786b38e64ac8845 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14:60 Volume 18, Number 11 - Coffee and Doughnuts Student Lounge 9:30 A.M. Meeting with the Dean and general information Moot Court Room 10:30 A.M. Small Group Tours First Floor - 8:30 A.M.— Information 5:00 P.M. Lounge 1:00P.M.— 5:00 P.M. Organization Meetings announcements) Booth in First Floor (watch for will consist of a two-day program, August 25 and 26, and a picnic on August 27. There will be continuing orientation during the semester. year The major focus of Orientation will be helping new students become acquainted with the law school building, their fellow students, their professors, and life in the Buffalo area. The Orientation Committee is striving to organize a program which will help newcomers to meet each other, upper class students, and professors before the semester begins. First year students are encouraged to attend this Orientation and take advantage of opportunities which are not available once classes get underway. - Wine and Cheese Party meet faculty, administration, and staff (location to be announced) What's Inside Orientation Schedule Saturday, August 26th 1:00P.M.5:00 P.M. — Section Meetings meet the faculty for your section followed by question and answer session with second and third year students - Information Booth in First Lounge Floor ............ Organization announcements) Meetings (watch for A Message From TheDean 1:00P.M.- 5:00 P.M. - ....,.,... .1 .2 Getting Around Buffalo And The Law School ..... ,*.. .3 ...,........... .4 .S Your Courses And Professors -A Profile 8 ............,,...,,, ,§ Administration Profiles Picnic near tennis courts at Ellicott Complex (alternate rain location will be Wide World of Torts announced) Recess NOTE: An updated schedule will be handed out at Orientation. v,,, ........ What They Expect From You Sunday, August 27th � HELP! Where To Find 1t... Law Student Activities 1:00 P.M.— 5:00 P.M. July 6,1978 The Orientation Program for incoming students this 8:30 A.M. 10:30 A.M. PAID Buffalo, New York Permit No. 708 Welcome To Law School Friday, August 25th — U.S. Postage State **m\. University of New York at Buffalo School of Law Fall '78 Law School Orientation Schedule 8:00 P.M. 11:00P.M. Non-Profit Organization ,j. , ..,,,.,.,., Ji .11 14 �Welcome to 0'Brian Hall! The Opinion staff and the Orientation Committee have put together this summer issue to introduce some of the faculty members with whom you will have the good luck or misfortune to contend, to acquaint you with the law school and the university at large, to report on law student organizations and activities available to you, and to show you that things other than blizzards and unemployment go on in Buffalo. Law school is quite an experience, and we hope some of the information herein (you might as well begin to get used to legal jargon) will make the good times better and more frequent and the bad ones easier to cope with. *�■_... *** Rake muck for the Opinion, the U.B. LawSchool's student newspaper. Published bi-weekly, the Opinion covers a diverse range of material, from school politics to events in the world of law, from book reviews to the intricacies of stuffing sausage. If you're a budding Tom Wicker or Art Buchwald whose career has been or even if you've never interrupted by law school stop by and see us during picked up a blue pencil Orientation. Our Office is in Room 623. - - HELP! find . . . Registrar's office 636-2060. - Bill or Mary Lundquist, Orientation Information Allan Canfield's office, or 895-7948. Office of Admissions and Records 636-2060. PlacementOffice Vol. 18, No. 11 July6,1978 EDITOR-IN-CHIEF Jason Poliner Managing Editor Randi Chavis News Editor Feature Editor Business Manager Chief Photographer...'.' Tim Cashmore Payl Suozzi J.R. Drexelius Michael Shapiro The Orientation Steering Committee Members are:Bill Lundquist, Mary Lundquist, Tony Leavy, Ted Donovan, Gene Krauss and Allan Canfield. Photos: Mike McAleer, Wayne Alexander Graphics: Wayne' Alexander 2 - c/o 306 0'Brian, - 309 0'Brian, 636-2056. Bulletin Boards: Registrar 3rd floor • - - Official Notes, Grades, Class Placement - 3rd floor - Job Openings, Placement Information. Financial Aid - 3rd floor, usually on door of Rm. 303 - Financial Aid Information and Deadlines. Housing - Ist floor lobby. Class Notices 2nd floor - Class Assignments and Schedule Changes. Student Messages - Ist floor lobby, 3rd floor across from Office of Admissions and Records. Dean's Office - 3rd floor - Official Notices from the Office of the Dean. Student Bar Association — 2nd floor, or on doorof Changes. ,. Cathy E. Kaman Acting President, SBA - Charles Wallin, Registrar, 313 0'Brian, Allan Canfield, Assistant Dean for Student Affairs, 311 0'Brian, 636-2057. Good luck to you all in the coming semester! To oll new students:. Once you officially enroll in SUNY at Buffalo Law School you become a member of the Student Eiar Association. The organization is run by an executive board and a board of directors. Each class elects directors to serve on the board and incoming first year students elect their directors several weeks atter Fall classes begin. SBA members serve on faculty committees, such as admissions and academic policy and planning, and work with local and national bar associations to attract speakers andalumni to the Law School. I urge all of you interested in student government to consider running for election to the board this fall. More information will be forthcoming during Orientation. it Where to - offices on 1st floor. , ; , — University student association Survival Guide publication giving information on life in Buffalo: what, when, where, how, who, how much, etc. This will be handed out at Orientation. - - The 0'Brian Notes A Handbook for Law Students To be handed out at Orientation. This booklet has information on all phases of university and law school life. It features sections on academic and financial aspects of the law school, as well as information on student organizations, activities, publications, and life in general. - University-Wide Information University Information Services at Crofts Hall, Main Street Campus. - Notes & News This is a law school newsletter which comes out every two weeks and contains announcements, coming events, and miscellaneous newsworthy items. i i �A Message From The Dean Education has many rituals. One of the more cliche-ridden concerns the welcome of new students. Usually they are invited to join in a great adventure to explore worlds unknown to them and perhaps to all mankind. They are told at length about the glories of completing the degree and remaking some corner of society, One gentle voice within me says: observe the ritual; it is expected; it does not hurt. Another voice says: drop it; give it to them straight. In lawyerlike fashion, I come down in the middle. A legal education does open doors, both for your intellect and for your ambition. Our concern is with your intellect. If we do our job and you do yours over the next three or four years, you should acquire a metal agility and toughness that enables you to form and dissect legal and factual arguments. You should develop a good map of the law that prepares you for locating any client or institutional problem in its legal as well as non-legal context. You should learn how the legal system works, not just how it appears on the paper of constitutions, statutes, and codes, but how it really operates, how it affects people and institutions. You should expand your capacity for learning quickly about a problem and for picking up the knowledge and information required to find a workable solution, which may not always be a legal solution. You should gain sorrle expefteTice, vicarious and actual, in wrestling with the sometimes competing claims ot client anu conscience, for you will have to serve both masters in your legal career. The State University Law School exists to provide education for lawyers who will become leaders in the profession and in the larger society. If you see the end of a legal education merely to be getting the J.D. and passing the bar exam, your legal education will be a failure. It is most likely that you will become a legal mechanic. But if you come to see legal education as one means to understanding how, our society in its infinite complexity functions, both well and poorly, you will have begun your way towards becoming a leader. You will have taken the best from the legal education that this law school provides. You can become a leader or a mechanic. It will depend on how you choose to approach your legal education. Our curriculum has many doors awaiting only your push to provide openings for both your intellect and imagination. Together, the courses and the faculty offer extensive opportunites to develop your mental agility, learn the legal, map, study how the expand your ability to learn system operates, quickly and wrestle with competing,moral claims. Choose well, choose broadly, and good luck. Thomas E. Headrick Dean 3 �Getting Around Buffalo and the Law School O'Brian Hall O'Brian is the center of the law school universe. If incoming students plan to visit the school during the summer, it will be helpful to know a few things in advance. O'Brian is located on the Amherst Campus at the corner of Millersport Highway and Maple Road. You will probably have to acquire a map of the campus, or rely on the advice of friendly natives in order to find your way around. Inside O'Brian, the first floor contains large lecture rooms and a student lounge. The entrance to the library is on the second floor along with academic bulletin boards and smaller class rooms. 'Administrative offices, such as the registrar's and Dean's offices, are located on the third floor. These offices will be open during business hours on week days during the summer. Professors' offices and offices of student organizations are located primarily on the fourth through seventh floors. There is no building directory so one usually must ask on the third floor if a particular person or office is sought. Transportation The Amherst Campus is three miles north of the Main Street Campus, which is located within the city limits of Buffalo. The University provides buses between the campuses. Schedules are posted on the first floor of O'Brian and at Squire Hall on the Main Street Campus. Schedule information may be obtained by calling 831-1476. Transportation around the Buffalo area is fairly easy with a car. Maps may be obtained at Squire Hall on the Main Street Campus, or in Norton Hall on the Amherst Campus. Marine Midland Banks usually have good maps as well. City buses travel up and down Main Street regularly. Bus stops are marked by yellow signs and yellow painted bands on light poles. It takes roughly a half hour to travel from UB to the downtown business section on Main Street. The Greyhound Bus Terminal is on Ellicott Street, near Main Street and the business section. You can write to Metro Bus, 855 Main St., Buffalo, N.Y. 14203 for city bus schedules. Also, many banks carry bus schedules, and the major bus stops downtown have schedules posted for major routes. Housing Good housing can be found at many prices in the Buffalo area. The market fluctuates so it is hard to give advice now for the late summer, but a few hints are in order. Buffalo is a working class city. A lot of individuals own two or three houses and rent them for supplemental income. As a result, rental agencies often' do not have the best listings and also charge a lot for their services. For these reasons, you will probably be better off using other sources. " Get a map of Buffalo and try to orient yourself. The law school is located in the relatively wealthy suburb of Amherst, north of the City of Buffalo. Housing here is not cheap, but usually of high quality. There is little public transportation out in Amherst and most stores are located in malls. If you have a car and the money, Amherst may be the place for you, but you will have to travel for both entertainment and your personal needs. If you travel southwest on Millersport Highway, which runs along the east side of the Amherst Campus where the law school is located, you will run into the corner of Main St. (Rte. 5) and 4 earner Bailey Aye. (Rte. 62). Running southwest from this is the Main Street Campus of ÜB. This corner also marks the northern boundary of the City of Buffalo. The area around the Main Street Campus, especially to the South and West, for as far as you can walk in about 20 minutes, constitutes the major area for student housing. Housing here is not especially cheap when you consider the quality of many of the homes. Unfortunately, location drives up the cost of living in this area. It is extremely convenient for those who don't have cars because the University maintains a shuttle bus to the Amhest Campus at no cost to students. There is also good public transportation right off the Main Street Campus going downtown into Buffalo. The Main Street area has a variety of shops, restaurants, banks, and services, too. Main Street is really the main drag for Buffalo and useful for map navigating. It runs along the west side of the Main Street Campus heading southwesterly into the heart of the City. If you follow Main Street to the other side of the railroad tracks to the southwest of the Main Street Campus, you find another good housing area, west of Main Street and south for 1quite a number of blocks. Loosely, this is the Hertel Avenue Parkside Avenue area. Housing is cheaper here and the neighborhoods are quite lovely in spots, but it is really too far to walk. Taking the bus to the Main Street Campus every day can be expensive at 45 cents (exact change necessary) each way. Another landmark in Buffalo is Delaware Park. It is bounded by Amherst Street to the north and Delavan Avenue to the south. It is west of Main Street and east of Elmwood Avenue. The park is large; it has a golf course, playing fields, and a large lake. The Buffalo Zoo is located there. The Art Museum and Historical Society are located on the wesf end of the lake. * This west end of the lake is also near Buffalo State College, which is on the west side of Elmwood Avenue. The'student union here is a good place to check for housing in the area, usually known as the West Side. The West Side area runs south of Buffalo State for a long way. This area is cheap to live in and is very popular with students. There are strong communities here with lots of services, but it is a long drive to the law school. These are just the major areas that are populated with students. You should choose an area to suit your pocketbook and transportation needs. For law students it is important to remember you need to be able to get all the way downtown straight down Main Street to the central, Buffalo .business district. This is where all the main courthouses are located and where most attorneys have their offices. This may not be so important forfirst year students, but if you plan to settle in one place for the next three years, it is a factor to consider. A really good source for housing prospects are bulletin boards, especially if you are willing to move in with other students who are looking for roommates. Check the board on the first floor of the law school for possible housing with other law students. Roam some of the other buildings on both campuses as many people hangsigns all over. There is an off-campus housing office at Squire Hall on the Main Street Campus. This office has some listings of available rentals and information on what to watch out for in selecting housing in Buffalo and signing a lease. The office is open 9 a.m. to 2 p.m., Mon.-Fri. The phone number is $31-5534, but no -continued on page 16 i — — ■■ • �Law Student Activities ORGANIZATIONS NATIONAL LAWYERS GUILD The N.L.G. is a nationwide organization of lawyers, legal workers, law student and jailhouse lawyers who use their legal skills to aid the struggles of working people, minorities and women, Founded in 1937 as an alternative to the American Bar Association, which at that time excluded Blacks from membership, the Guild recognizes the relationship between law and politics and stresses the need for political involvement. The Buffalo Chapter offers a unique opportunity to remain politically active while attending law school. During this past year members have worked on an anti-sexism committee, a Community Law School and a prison project. The anti-sexism committee has concentrated on gay rights and many issues of special. interest to women. The Community Law School involved members and organizations working together to present' a series of classes on areas of law that affect people in their daily lives. The prison project has been working with prisoners in nearby Attica Prison. The project recently helped a group qf inmates organize a legislative action conference inside the prison at which Ramsey Clark was the principal speaker. These are ongoing projects and new people are needed to bring energy and ideas. In addition, new projects are continually initiated by the chapter. The Guild has co-sponsored educational and cultural events including workshops on the Bakke case, a performance by the Little Flags Theatre of Boston and a presentation on theCuban legal system. We,hope you will join us in expanding and developing our program during the coming year. .. , P.R.L.S;A. /A,L.S-\. The Puerto Rican Law Students Association (PRLSA) and the Asian Law Students Association (ALSA) are dedicated to helping 'and pursuing the interests of non-Black minorities both in the law school and in the community. Presently, we are committed to increasing the minority population in this school. An active recruitment of minority students is underway by our organizations. Also, we are committed to the hiring of minority faculty and administration members. Presently, the law school has no minority administration or faculty member. Despite these areas of concern, we have faith in the future growth of the SUNY Law School at Buffalo. We invite all students and faculty to join us in shaping the school's growth. Our office is located in Room 604. INTERNATIONAL LAW SOCIETY First, the International Law Society would like to welcome you to UB Law School. Second, the I.L.S. would like to offer you this membership pitch. The I.L.S. 'is a student-run organization devoted to the •fl|fds of international and comparative law. The Society is, itself, a member 6? the Association of Student International Law Societies; our membership brings with it numerous advantages, ranging from general information about International Law to the Jessup Competition (an inter-school Moot Court Competition). Within the law school, the I.L.S. serves as a focal point for the school's International Law Program. The Society's faculty advisor, Ms. Virginia Leary, is an associate professor of international law at ÜB. Hence, as one might expect, the I.L.S. is a most effective means for dissemination of information to students interested in international and comparative law. This year's I.L.S. Executive Board members are President Larry Cohen and Vice President Ted Firetog. Plans are being made for meetings with other International Law Societies, membership for the Society in the American Bar Association's International Law Division, and a Career Workshop in International Law. The I.L. S. will again this year participate in Jessup Competition. Nowfor the real pitch If you're interested in international law and would like to participate in any of our activities, I suggest you speak with an I.L.S. representative at orientation and come to our first meeting. The Society is small enough for your membership to make a difference and large enough for your membership to .. matter. LAW REVIEW The Editorial Board of the Buffalo Law Review would like to take this opportunity to welcome the members of the Class of 1981 and to briefly describe the Review. The Review is a journal publishing scholarly articles of legal interest by students, faculty, and other members of the profession. The Review serves several important functions. First, it provides law students with an intensive research, writing, and editorial experience that is not otherwise available in the law school. Second, the Review is a forum of scholarly thought and debate of great importance in the legal community. Third, the Review is a major representative of the law school in national and internationalacademic and professional circles. The members of the Review are second and third year students who receive three credits after successfully completing their Review obligations. Membership is on a competitive basis. Students are selected on the basis of first year grades and the results of a writing assignment which applicants must complete in the spring of their freshman year. Review membership entails both responsibilities and rewards. The responsibilities include the completion of whatever tasks are necessary to produce the journal, as well as the production of an article for publication. The demands.on time and energy are considerable. The rewards include the personal satisfaction and the education which are the by-products of the hours spent at these tasks. The members of the Buffalo Law Review wish you all a year of excitement and fulfillment. Best wishes as you embark on your legal careers. -continued on page 16 5 �What They Expect From You a memo to first year students from Grace Blumberg I recently learned that the following memo, which I wrote at the end of my first year in law school, has been regularly distributed to incoming students. My first impulse was to suppress it but I have been persuaded otherwise by students who say that they found it helpful. I would, however, like to qualify some ofmy earlier advice. First, the memo was not written for all incoming students but was instead intended for a small group of students who were expected to have more than theirshare of adjustment problems. Furthermore, even if the memo had been intended for all incoming students in 1969, they were, in terms of entrance credentials, quite different from more recent classes. The study methods suggested in the memo, while perhaps still useful for most students, may not be necessary for some members of the present first year class. Second, the tone of the memo is one of unremitting labor and considerable strain. While tension is unavoidable at exam time, the rest of the endeavor need not be particularly stressful. It is, I think, feasible as well as desirable for first year students to work no more than a slightly extended work week, i.e., 9 to 5 weekdays and one day of the weekend. If you use your time efficiently, there should be no need to give up extra legal interests, abandon your friends, widow your spouses and orphan your children. The first year student needs two kinds of discipline, that of work and that of maintaining balance and perspective. What They Expect From You: That you will master all the material and that you will be able to synthesize it and apply it to concrete problems. You will be required to do this under extremely adverse conditions, the final exam. A. How To Master The Material 1. Do exactly what they tell you to do. Brief every case. Read everything that is assigned. Since it is humanly impossible to read every case collaterally mentioned in class, do not bother to even write down the citation unless the instructor gives you the impression that you are seriously expected to read the case or says that it will be discussed in class. 2. Re-read each case or textual note until you feel you understand it completely. Take ample notes and briefeach case in sufficient detail so that you can use it rather than the casebook when the case Is discussed in class. Don't spend too much time pondering the questions posed in the case notes. Many of them are frivolous, irrelevant or unanswerable. 3. How to read a case: Read the case checking off the essential points. Re-read the case to catch any points you may have missed. Then write your brief. This method is slow and tedious but it is effective. Do not be disturbed if you can only cover sto 10pages an hour since the weekly assignment in each course will usually be no more than 40 pages. 6 I 4. Use legal notebooks and write only in the right hand margin. If you have any questions, write them in the left hand margin. When the case is discussed in class, you wiH'readily see the question. (If it is not answered in the course of the discussion and if you do not get a chance or are too reticent to ask it, see the instructor after class. He will not mind and will probably be very patient, particularly during the first month.) Put your class notes in the left hand margin. If you find you are taking extensive class notes which should not be necessary if you have briefed the cases and the instructor is not giving you additional material - you can use the right hand margins of only one side of each page and then have plenty of space for class notes. This way you will be able to keep all your material on any one case, class notes and your brief, together. About taking notes: if you are forced to make a choice between trying to write everything down the instructor says and trying to follow his train of thought, stop writing and listen. It Is more relaxing and you will get more out of the class. - 5. A few thoughts on reading cases and writing briefs: a. Get the facts straight. Make a diagram. Who' is suing and what does he want? b. Don't waste your time trying to anticipate What the outcome will be, particularly during the first few months. You won't know enough to do it with any degree of success; you'll only succeed in needlessly deflating your own ego. c. A case is an opinion, a statement made by a judge generally sitting on an upper (appellate) court in which he justifies a decision the court has just made. Generally, one man writes for the majority but there may be concurring opinions as well as dissenting ones. Always remember that you are reading a justification, even a rationalization, for a decision already made. The judge is writing the opinion to convince yoif that his decision was a good one; he is not writing with an open mind, not waiting to see where his learned considerations will lead him. He already knows. Be critical when you read. Is his approach logical? Is he stating the legal rules correctly? Are the rules truly applicable to this set of facts? Is he giving balanced weight to all the facts or is he conveniently ignoring some? At first, opinions will probably seem faultless to you. You won't know where or how to begin to criticize them unless you simply morally disapprove of the decision. However, after a month or so you will be able to and should begin to intelligently criticize what you read. d. Try to understand all the reasons for the judge's decision not just the reasons he gives in his opinion. Are there social reasons? Economic reasons? Other reasons? What are the ramifications of such a decision? How will it affect people in the future? What do you think about it? Ethically as well as legally. Is it reasonable? Is it fair? c. How does the case fit in with the ones you've already read? Does it add anything new? (It should or it would not be in the casebook.) Does it represent a development or a change in the law? • f. Regarding the specific form and content of briefs, there is a standard form which you will be taught in class. If you do not write well you can improve your1 style by, carefully composing your briefs. If you do write well there is no point in — — .. �bothering about the stylistic quality of your briefs. Although instructors place a great deal of emphasis on "style," they simply mean "clear and concise writing." Learn how to be direct, clear, specific and fluent. It is not necessary to have a highly polished or literate style. Florid expression and verbosity should be avoided. If you have had problems writing papers or exam essays, if your college instructors criticized your style or if it simply takes you a long time to set down your thoughts on paper, you should utilize every opportunity to improve your writing ability. Brief writing is a good opportunity. Because time pressure is a strong element in final examinations (for me it was easily the worst aspect), you must learn not only how to write well but how to do it very rapidly. B. Whether Or Not To Attend Class (This section is intended to apply only to those classesfor which attendance is not its own reward, thoseclasses you leave regretting that you did not spend the last hour someplace else.) Instructors will tell you that you are not compelled to attend class (true enough attendance is not taken) and that a student need not attend class and it will not be counted against him if he does well on his exam. This sounds all the more plausible when you consider that grading is anonymous. Each student has a number. It is difficult, however, to do well in a course that you do not attend regularly. While most of the covered material can generally be found somewhere or other in the casebook, the instructor normally uses classroom time to focus attention on the issues and areas he considers most significant. The final exam tends to reflect the classroom experience. C. Attending Class 1 i Be prepared for each class not because you will make a bad impression on the instructor or embarrass yourself if you are called on and have not read the material but because lack of preparation will totally defeat the specific type ofeducation process used in law school. The process is highly structured: a. They assign cases. it< b. You go home (or better, to the library) to read and briefthe material very carefully. You try to learn it yourself. c. You go to class. A student is called on to present his brief or the instructor begins discussion himself. In either case you get ah Initial chance to compare your comprehension with that of another person. There is general discussion and you get to compare your own understanding with that of the rest of the class. You are picking up any points you may have missed and you are engaging in a very important kind of reality testing. Do you really understand everything as well as you imagine you do? Or, conversely, if you suffer from lack of self-confidence (very common at first), do you really not understand as much as you fear or does one new fact or idea make everything clear? d. Over the weekend you review the week's work and things should start to fall into place. Do not be overly concerned if separate cases and materials don't seem to hang together on first view. It takes a while to make out the patterns. Now if you go to class unprepared, figuring that you will understnad the material better after it is explained in class, you are losing the most important part of the learning process, teaching yourself how to learn and use law, and getting the chance.to compare your level of comprehension with that of — . — — - yourfellow students and the instructor. Why you have to learn how to learn law by yourself: In law school they cannot possibly teach you "the law." All they can do is survey selected topics and teach you how to learn the rest yourself. When you have a research or moot court problem and when' you finally practice law, no one will explicate the law for you. That is your job. Therefore, the most important work you do at first is learning how to study and prepare the material that is given to you. D. What (I Think) They Want You To Learn In Law School And How They Will Measure Your Learning Success It may seem a little late in the course of your intellectual development to start developing the mental equipment that will help you do well in law school. But I think that you can still develop essential areas and also not waste your time worrying about deficiencies you think you may have if they are inessential or irrelevant. For example, I worried quite a bit about my rotten memory. It seems to have made little difference. You will never have to remember a date or specific fact or even a case name. As oversimplified as it sounds, they are trying to teach you how to be "smart," to be a "smart lawyer." To understand certain legal principles, to understand the reasons judges state and leave unstated for deciding as they do, to understand, the social, political and economic results. They want you, to be clairvoyant to see through what people say and do in short, to be "smart." They measure your success by your ability to organize and articulate your understanding and perceptions. You must be able to do this. I've already suggested careful brief writing as one exercise. Papers, written exercises and practice exams (even though they don't count) are good ways to accummulate skill before the godawful test of all you've done, the final exam. Examinations are practical in the sense that you are usually not asked to write essays about cases you have studied or about developments in a certain area of law. Rather you are presented with a massive factual situation (sometimes amusing the only redeeming factor) and you are asked to be a lawyer giving legal advice to one party (always taking into account the adversary's case) or to play a judge, decide the case and write an opinion. Two to six such problems make a three-hour final. If you are well prepared, there is no time to light a cigarette, drop a pencil or pause to choose one word rather than another. The only way to avoid the pressure of time is not to know too much. But that is also the surest way of failing. As far as I have gathered, most teachers.do not have a preconceived notion of the answers. They read over a substantial number of papers and then decide that, for example, in a twenty point question, there are ten relevant points. Each point you hit gets you a check mark. Ten check marks give you twenty points. It is easy to see that no matter how thoroughly or even brilliantly you explicate any one point you can get no more than two credits for it. The,.object is to hit every point you can quickly but amply enough to show the instructor you understand it and then to move on. Jt usually takes a maximum of three to four sentences to get yourcheck mark. Instructors talk a great deal about "organization" but this term, like "style," is a glorified .misnomer. To me, true — — . — .— continued on page 12 7 �Your Professors by lony Leavy The first year class is divided into three sections. Each section has four assigned professors who teach the required first semester courses: torts, contracts, criminal law, and civil procedure. Torts is the study oflaw suits arising from the intentional or negligent acts of others. You will study the types of legal rights which may be protected by the courts. Examples of tortious acts are assault, battery, false imprisonment and negligent acts which cause injuries. Contracts is the study of how the courts interpret and treat written and oral agreements. You will learn what is required for the enforcement of a contract by a court. Criminal Law introduces the student to basic concepts in criminal law. Definitions of basic crimes and their components will be examined, such as homicide, robbery, larceny, criminal intent and what constitutes a criminal act. Gvil procedure is the study of the rules {governing law suits, and how the courts interpret them. Some of the topics examined are jurisdiction of the courts over subject matter and persons, rules pertaining to how notice must be given to persons involved in the matter to be litigated and how discovery of evidenceis to be carried out. Bradv J. Section 1 criminal law professor James B. Brady received his B.A. in 1961 from Southern Methodist University, his J.D. in 1964 from the University of Texas Law School, where he was an associate editor of the Texas Law Review, and his Ph,D. in 1970 from the University of Texas. Brady has been a member of the Philosophy Department at U.B. since 1967, where he is presently an associate professor. He also served as associate chairman of the Philosophy Department from 1970-72 and as an assistant Provost of the Faculty of Social Sciences and Administrationfrom 1972-75. 8 Brady has published several Law Review articles on such topics as the insanity defense, strict liability offenses, negligence and legal philosophy. R. Bell Professor Richard Bell, who is teaching section 1 torts, received his B.A. from Northeastern University in 1964. He then attended graduate school at California State University, San Diego from 1966-69. He earned his MA. and J.D. from Yale University in 1973 and is presently a candidate for his Ph.D. from Yale. Bell was a pension plan analyst for the Continental Insurance Company of Chicago from 1965-67. He has been on the faculty at Buffalo since 1974. His present research includes a three part series, "Standards of Proof," "Burdens of Proof and Presumptions," and "Intention and Motivation of a Legislature." As well as torts, Professor Bell's teaching interests include conflict of laws and evidence. M. Breger Professor Marshall Jordan Breger, who is teaching section 1 civil procedure, received a joint 8.A.-M.A. in 1967 from the University of Pennsylvania, a B. Phil. (Oxon) in Politics in 1970 from Oriel College, Oxford University, and his j.D. from the University of Pennsylvania in 1973, where he graduated magna cum laude, was a member of the order of the Coif, and served as an editor of theLaw Review. Breger served as a law clerk in 1973-74 to the Honorable Marvin Frankel, U.S. District Court for the Southern District of New York. He has also been a Mellon Fellow at the Aspen Institute for Humanistic Study, a member of the Board of Directors of the Legal Services Corporation of Washington, D.C. and has served as a consultant to the Administrative Conference of the United States, Washington, D.C. Breger taught at the University of Texas Law School before joining this faculty. Breger's publications concern public interest groups, the delivery of legal services, and the insanity defense. He is currently doing research on the ethics of social science experimentation, problems in legal aid, and legal ethics. Priest G. Section 1 contracts professor George Priest received his B.A. in 1969 from Yale University and his J.D. in 1973 from the University of Chicago. Priest taught at the University of Puget Sound in 1973-75 and was a lecturerand Fellow in Law and Economics at the University of Chicago from 1975-77. He joined the Buffalo faculty last fall. Priest's published works concern law and economics, the history of the postal monopoly, cartels and patent license arrangements, and the Uniform Commercial Code. Among other subjects, he is presently researching the history of the common law, utility rate regulation, products liability, and a comparison of the U.C.C. and the common law. Section 2 civil procedure professor Paul Spiegelman received his A.B. in 1964 from Columbia College where he earned the Dean's Letter of Commendation; and his L.L.8., magna cum laude in 1967 from Columbia University School of Law, where he was a member of the Law Review Board of Editors. Spiegelman served as a law clerk to the Honorable Jack B. Weinstein, U.S. District Judge, Eastern District of New York from 1967-68, assistant to the General Counsel, Department of the Army, Washington, D.C. from 1968-69 �and as an attorney for poverty and civil rights organizations. He has also been a member of a small firm specializing in employment discrimination cases since 1971. While engaged in private practice Spiegelman taught law at Wayne State, Golden Gate University, Hastings College and the University of Utah. Spiegelman joins the Buffalo faculty full time this semester. Professor Philip Halpern, who is teaching section 2 criminal law, received his B.A. from Columbia College in 1968 and his J.D. from the University of Pennsylvania where he graduated magna cum laude in 1973. At the University of Pennsylvania he was a member of the Order of the Coif and served as an editor of the Law Review from 1972-74. From 1968 to 1970 Halpern served in the U.S. Army. During 1973-74 he was a law clerk to the Honorable Stanley A. Wiegal, U.S. District Court Northern District of California. He then served as a legal counsel for the Legal Aid Society of New York City from 1974-75. Halpern practiced law in San Francisco before joining the faculty at Buffalo. Halpern has written Civil Rights Removal After Rachel and Peacock: A Limited Federal Remedy for the University of Pennsylvania Law Review. M. Girth Section 2 contracts professor Marjone Girth received her A.B. in 1959 from Mount Holyoke College and her L.L.B. in 1962from Harvard. Girth has had experience in local government law in Middlesex County, New Jersey from 1963-64. Between 1962-65 she was also in private practice in Trenton, New Jersey specializing in bankruptcy work. She then served as a Research Associate for the Governmental Studies Program at the Brookings Institute from 1965-70, where she was co-author of the Brookings Institute's study of the administration of the bankruptcy laws. Girth also consults with local governments on their financial problems and serves on local, state and national bar association committees concerned with reforms in commercial law and the administration of justice. She joined the Buffalo faculty in 1971. Section 2 torts professor Joseph Laufer (affectionately known as the "silver fox" to his last year's torts class) has taught at Buffalo since 1957. He received his LL.B. from Duke University in 1940 and his LL.M. in 1941 from Harvard. Laufer has practiced private law and has worked in the Solicitors Office ih the Department of Labor and the Office of Alien Property in the U.S. Department of Justice. He also served as a Resident Fellow and Director of the Harvard-Israel Coop Res. for Israel's Legal Development from 1952-57. He was also a Lecturer in Comparative Law, Harvard in 1957, a Harvard Resident Fellow, Hebrew University Jerusalem from 1963-64 and a visiting professor of Inst, of Foreign and Comparative Law, McGill University from 1967-68. Besides torts, Laufer's teaching interests include insurance law, conflict of laws, comparative law and domestic relations. Professor Al Katz, who is teaching section 3 criminal law, received his B.S. from Temple University in 1963, his J.D. from Berkeley in 1966 and his LL.M. from Berkeley in 1967. Katz was a lecturer in law at Boalt Hall in 1967. He served as a staff member of the American Bar Foundation from 1967-69 before joining the faculty at Buffalo in 1969. Professor Katz has also been a member of the Board of Directors and has served as General Counsel to the Buffalo Organization for Social and Technological Innovation and Counsel to the Buffalo Chapter of the American Association of University Professors. Katz has written numerous book reviews and law review articles concerning topics such as privacy, pornography, conspiracy and morality in the criminal law. His current research concerns boundary theory. Besides criminal law, Katz's teaching interests include evidence and federal jurisdiction. . i '.',:' v:__a__H_M_H__M_i Lindgren J. Section 3 torts professor Janet S. Lindgren received her B.S. summa cum laude from Macalester College, St. Paul, Minnesota, where she was Phi Beta Kappa. She then received her J.D. magna cum laude in 1971 from the University of Wisconsin. After having taught legal writing at Wisconsin from 1970-71, Professor Lindgren served as a law clerk to the Honorable Thomas A. Fairchild, U.S. Court of Appeals for the 7th Circuit in 1971-72. She then served as. a Bigelow Teaching Fellow and Instructor at the University of Chicago Law School, before joining the Buffalo faculty in 1973. A. Konefskv Section 3 contracts professor Alfred S. Konefsky received his B.A. from Columbia University in 1967 and his J.D. from Boston College in 1970. Konefsky was a Book Review Editor of the American Journal of Legal History and an Editor of the Legal Papers of Daniel Webster at Dartmouth College, He was also a Charles Warren Fellow in American Legal History at Harvard Law School and in 1976 he taught at Boston College Law School. Professor Kopefsky joined the Buffalo faculty in 1977. Professor Konefsky's publications include works on Daniel Webster, the history of american lawyers, and biographical essays on Joseph Story, James Wilson, and James Kent. J. H. Schleg l Professor John Henry Schlegel, who is teaching section 3 civil procedure, received his A.B. in 1964 from Northwestern University and his J.D. from the University of Chicago in 1967, where he was a member of the order of the Coifand the Law Review. During 1967-68 Schlegel was a teaching Fellow at Stanford University Law School. He then served in the Legal Aid Society of Chicago from 1968-73. Schlegel joined the faculty of Buffalo in 1973. His publications include articles on conscientious objectors, judicial decision making and Civil procedure. Schlegel's interests, besides civil procedure, include commercial law, judicial decision making, public utility rate regulation and counseling. 9 �Administration Profiles by Lundquist Mary student handbooks and catalogs), provides academic and personal counselling to students, assists in the dual-degree program and student recruitment, and serves as liaison for minority student affairs. Canfield has been with the law school since 1974, when he served as Assistant to the Provost. He moved into his present position in 1976. Mr. Canfield serves on the Faculty-Student Relations Board and the Mitchell Lecture Committee. He teaches Sociology part-time at Canisius College, and is currently working on a Ph.D. in Speech Communications, researching communicative skills among law students. Canfield received his B.A. in History and Government in 1963. and M.S. in Social Sciences emphasizing Latin American Affairs in 1971 from ÜB. He Charles H. Wallin, Registrar and Corry, Pa., is 43, and has two born in was O'Brian), (313 Assistant to the Dean children. oversees student records, compiles grade data, assists students with academic concerns and grievances, schedules courses, guides students seeking financial aid, serves as the law school's budget and finance officer, and supervises the admissions staff. (319 Thomas E. Headrick, Dean Wallin received his B.S. in accounting. O'Brian), supervises the administration of previously served as the Assistant He the law school and implements faculty William R. Greiner, Associate Dean academic policy. He maintains contact University Financial Analyst for the UB and close relations with alumni, members Budget Office. He is married and has five (422 O'Brian), provides counselling on major student academic problems, acts on of the profession, and friends of the law children. school. The Dean represents the law student petitions, assists in relations with school within the University, the local other academic units and University central administration, and serves as community, and the state, and in legal and higher education generally. Chairperson of the Admissions Headrick has held the position of Dean Committee. • 'since 1976. Before joining the University, Greiner joined the faculty in 1967. He has served as the Chairman Of the Legal ■ he served as Vice President for Academic Affairs at Lawrence University, Appleton, Studies Program (1969-71) and was Wisconsin, from 1970 to 1976. He was Associate Provost at the law school from the Assistant Dean at Stanford Law 1971 to 1974. He is Chairman of the School, Stanford, California, from 1967 University-Wide Faculty Senate By-Laws "'"to 1970. Committee. His teaching interests include Headrick received his B.A. in federal, state, and local taxation, real , Government from Franklin and Marshall property, state and local government, and in 1955, his B. Litt. from the legal processes. University of Oxford, Lincoln College, in Griener received his B.A. from Wesley an University in 1956. At Yale 1958, where his field was politics and public administration, his LL.B. from University, he received an M.A. in Yale Law School in 1960, and his Ph.D. Economics in 1959, a J.D. in 1960, and Allan L. Canfield, Assistant Dean for his LL.M. in 1966. He was born in in Political Science from Stanford Student Affairs (311 O'Brian), relates to Meriden, Conn., is 44, married, and has University in 1975. The dean was bom in .East Orange, the Student Bar Association and is four children. ■•, involved in student activities generally, New Jersey, is 45, married, and has two administers student evaluation of faculty, children. f •'. continued on page 15 manages law school publications (such as . . ,_ 10 - �Wide World of Torts . by John Simson flying. If by some strange fortune you answer correctly, your semester is The following is a short list of guaranteed. You will never again be called explanations, perhaps apologies, for the upon until you raise your hand. The way things arc done at Buffalo Law professor will know that you're the type School. I was asked to prepare this short of person who is prepared; and instead warning by the newly created Office to will pick on those persons who try to Make People Feel Good. They thought fake out the professor by remaining so that since 1 was the last student accepted still that most of the class would appear in my class, I could pass along that feeling dead to the untrained observer. (The of relative paranoia that one feels upon furious sound of arms busily notetaking is entering school, on the second day. (I the giveaway). I should probably pay wasn't admitted until 4:00 p.m. on the tribute here to Ralph Stairsteps, a law J. first day of school). student who remained so still during his By the end of your first semester here, first semester, that he never left his seat, you will be able to glance back at this never took a note, never moved from the piece with a knowing smile and a wish lecture hall; and used the interesting that you hadn't lost as much sleep as you technique of astral projection to satisfy did to do as well as everyone else did all his bodily needs while in that position. anyway... I should add that the first day participator strategy does not always work. Many profs like to think that The GradingSystem certain students can help them out; We do not have number grades only particularly when the quiet sections of letters. Those letters arc H, Q, D, and F. the class are not responding. It is at this The D and the F mean what they always time that you are in trouble. To avoid did, the H and the 0 sort of a hybrid being called on there are two options. ABC. I had always wondered why such Either look sick, or so preoccupied-shown strange letters were necessary when ABC by an extremely quizzical pose -making were well known, had been around for a it obvious to all that you are about to puzzle, which of long time, and had several other solve some amazing legal share with the class as will you course instance, For B's if significant advantages. soon as it's worked out. Another were used instead of Q's, the typical first Caution: know that people Professors all four first year student upon receiving who speak ? dumb. The smart people semester grades would not say "Oh don't waste ilr energy talking, when Damn, Four Q's!" they're having trouble enough just writing down every word spoken in class. Classroom Etiquette You may fall asleep in class it is impolite to rustle your HOWEVER, The do's and don't's of the lecture hall New York Times while doing a crossword 'S are quite important. It could mean the puzzle. It is likewise improper to raise difference between a very successful your hand and ask your professor for a a career, and the professor giving you word meaning South three-letter dime to call your mother. (Actually at Ice Cream Flavor. UB you'd have to use your own dime to Jamaican Another critical decision made in the call your mother)... Caution: There are many strategies available do not think first year is where to sit. The front row always seems too eager, the back row too this is the only one. On the first day it is always good to slothful. Right in the middle seems to be make a nice impression. You will not do right in the teacher's line of vision. this by sitting motionless in your seat. If Studies were completed by students of you can answer only one question, this law school, on a grant from the volunteering some information, you are National Classroom Administration, and - - — ' • - it was discovered that the sixth row optimal protection from classroom enquiry (professor's questions). With all of this in mind, I set out to the library where all legal secrets arc kept. I found my source thumbing through Black's Law Dictionary. She smiled and said, "One of the greatest mistakes made by first year students is when they fork out the money for this book. I opened mine twice in three provided - years." Me: Tell me about it. Source: The first was to see what being a lawyer was all about. I wanted to know those principals that were so basic that the law everywhere, in every country, would acknowledge them. Me: Sounds a little naive, I thought lawyers were trained to be the wizards of principle, making principles sort of disappear into doves and rabbits, and... S: I found out that the Law Hateth New Invention and Innovations Me: That's why they Concorde land... won't let the S: That Law Hateth Delay... Me: Really, it says that?.. .Lawyers are the only ones in the world who could take two years to make a three minute S: Law Favoreth Public Quiet. Me: When was the second time you used Black's? S: To find out what Canfara meant. My crim. law prof said that anyone who didn't take the final could get a Q by Canfara. Me: What's it mean? S: It means I took the final. The Law Favoreth Public Quiet... 11 �What They Expect From You organization means analysis, re-organization and synthesis. They don't mean anything so elaborate. Since the problems are factual and have a beginning and an end, "organization" simply means "in order." Start at the beginning and end at the end. Take each problem in sequence. Don't jump around. Avoid too many afterthoughts (but you can pretty much get around this problem by leaving the left hand pages blank and writing in your afterthoughts as they come to you across from the place on the right hand side where they should properly be located). Develop each issue rather than each party's separate case. For example, A sues B, C and D. Discuss A's claim. Then do B, C and D's defenses and possible counterclaims on the issue Ais presenting. Then go on to B's claim and look at it from each party's point of view. Complete the issue B raises and move on to the next. Think of square dancing. DO NOT classify all of A's claims and defenses on all issues and then do the same for each other party. (I used this method on my first practice exam and got an F.) Break down each series of events into the smallest possible independent events and issues and discuss the legal possibilities less time being overly scrupulous at this point than you would of each one. Build upon your conclusions if it is appropriate. A reading everything once, making just one error and having to simple example: "Having bought a house from B, A discovered -re-write an answer. was rotten now to the roof and refuses pay." If it is a factual problem essay: 1. Discuss the sale. Was it valid at all? Was it conditional? a. Read the whole question through twice, very slowly What were A's and B's rights under the contract? Under tort or and carefully. The second time through start to underline the contract law? most significant points. 2. Discuss discovery of the defect. What did it mean legally? b. Read it a third time, writing in the margins. Make 3. Discuss A's refusal to pay. What does it mean generally? notes all over your essay question. Keep reading it. The points What does it mean in light of the defect? will emerge before your very eyes. Read it until you can't find Don't be afraid to mention the obvious or elementary anything else. If the whole exam is only composed of two very aspects of the case. In fact, you must do so in order to get a long problems, you may have to handle them in sections, the good grade. Most instructors refuse to assume that you know instructions will generally indicatehow to break themdown. anything that you do not put down, even when you go on to c. Always keep in mind: discuss more complicated and sophisticated aspects of the question. This is partly due to the check point system of 1. This problem is not life. It was made up by an instructor to grading. It seems to me that a person could write brilliant test you. It will usually not contain the irrelevancies of a true life answers and not even pass if he did not devote sufficient time situation (even if it seems to contain them, treat them as I menand verbiage to the obvious and elementary aspects of the tioned in the rotten roof problem. Every fact has some signifiproblem. cance. Try to exploit every fact, even if only to say, 'This fact is Make a point of mentioning the relevant irrelevant, that not important because " Don't decide something is not iminformation which is not so remote as to be intellectually portant and disregard It. (Even though outside of exam situations meaningless but is in fact meaningless in practical terms for the this is, of course, a wasteful pattern of thinking. Remember that given situation. Imagine that it is stated in the problem above exam taking is a highly artificial and stylized activity.) that B can prove he knew nothing about the roof when he sold A the house. B did not intentionally conceal the condition. Do 2. In a problem with 50 facts you are being giveh a not ignore the law regarding intentional concealment Say minimum of 50 stimuli. Respond to as many as you possibly something like "It's too bad A won't be able to show can. Relate each fact to as many parties as you can. Given 50 intentional concealment. But if he could have done so, A's facts and 5 parties, you could hypothetically have 150 issues.' rights would be ..." Since it is considered more important to recognize problems There will be from 2 to 6 questions. You are not obligated than to devise sound legal answers, concentrate on defining the to take them in order. I am the only person I know of who problem. But do not entirely neglect to suggest a solution or habitually mixes up the sequence but I don'tthink I've ever been penalized for it. (Actually, who knows?) course of action if one is requested. For example, you are given, an elaborate factual situation and you are asked to play judge, Read over the exam. Take the easiest first. You question 1. decision and write an opinion. You are expected to are probably very nervous and ought to show yourself a little to makealla the analyze facts, apply current legal principles and come up After finish the first you question, you will consideration. sort with some of decision. Very often it doesn't matter hopefully feel more relaxed and be better able to handle the harder questions. If there are some definitions or short essays, whether you decide one way or the other, although your reasons for making either decision will be important. Don't you might try them for a start. worry about the "right" answer in this sort of case. Your 2. You have now read over the exam and picked your first decision could rival Solomon's for wisdom and you could still' question. If it is a series of-definitions or one paragraph essays, fail k detail. If you read each one carefully twice before you answer. You'll waste have pa** 'to opposite 12 �decisions, take the one that will give you the greater opportunity to show how much you know. If you are convinced the correct or wisest decision is the one that allows you very limited opportunity to display your wares, say so and then go on and do the other one. 3. Disregard for the ultimate solution or decision ii not, however, a blanket rule. An instructor whohas spent more time practicing law than teaching it may be more concerned about the soundness or usefulness of the advice you would give a client in a "and now advise your client" question. - 4. Time You'll never have enough time to do a really good job. Students cannot do their best in the time allotted unless they don't know anything to begin with. The more you know, the greater the strain will be but the better you will do. However, the more you know, the more likely you are to feel disappointed and feel that you have not done well. If you are well prepared you should anticipate this feeling and not worry excessively (in fact, not worry at all) between the end of finals and grade distribution one month later. ' E. How To Prepare For Finals 1. Keep up all term. Do all your briefsand finish all papers by the end of classes. 2. Make course outlines and study. Get together with a study group. . ,a 3. Take your exams. * 4. Take the best vacationyou can afford with all the money you've saved by staying home and studying all term. 1. Your instructors have had a lot of practice at this sort of thing. 2. They are not only showing you how clever they are but have themselves been taught by clever instructors and have probably read outside sources on each case or issue. 3. They may be purposely intimidating you for educational reasons: to get across a point, to teach you how to approach a problem, or simply to make you work harder. 4. They may be intimidating you for non-educational reasons such as personal aggrandizement or sadism. They may simply be entertaining themselves at your expense. This is not too common but I'm sure you'll see it occasionally. If you are progressing as you should, after a month or so you will begin to feel more competent about your ability to handle the material and participate in class. After 6 weeks you will have practice mid-terms. You should take them just seriously enough to get some practice. Don't be distressed by a D or an F. I find that much easier to say than I did to do when it happened to me. It took mea couple of weeks to regain my lost confidence and the grade was not even an accurate prediction of how I eventually did on the final. Therefore: 1. Use the practice exam for the purpose the name suggests, for your practice and convenience. It may take you a while to get used to their bizarre method of evaluating you. That is why you are taking the practice exam. People are not born knowing how to take law school exams and life does not prepare you for the event. F. Course Outlines Ideally, you would make an outline of every week's work all term long and then you would have them ready well before finals. However, it will takeyou quite a while to learn enough to know how to make a meaningful, useful, intelligent outline. You'd probably be wasting your time if you began on them before Thanksgiving. Also, making up outlines is a good way of reviewing material and premature review would not help you to study for finals. Furthermore, quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making ah outline will keep you awake, even alert.The same is true for writing briefs. It's much harder to fall asleep with a pen m your hand; G. Pealing With Your Feelings You w,il| probably experience a wide range of feelings about your personal worth, adequacy and development during your first year. I jv'ill try to sketch the range of feelings I felt personally apd give you a second hand version of those expressed by.my friends. You are probably starting with a cautious but slightly anxious optimism. This may survive orientation (which seemed to me an exercise in absurdity and intimidation). "If you all work hard and do your best, you can all be in the upper halfof the class." A certain fatalism is suggested; some people have it and some people don't. 'The front door is broad (admissions) and the back door (graduation or really surviving thefirst year) is narrow." In fact, it is rare that a student actually flunks out. Most "failures" give up and quit school. Your early class experience will probably convince you that you have absolutely no aptitude for the law. You miss the obvious. You didn't even notice the most significant fact. It is all so transparent as your instructor repeatedly points out. 2. Another reason not to take the grades too hard, particularly one poor one: The instructor may just be trying to discourage some aspect of your presentation and may be penalizing you more than he would if it were a real exam. 3. If you do poorly, see the instructor right away and find out why. Dont brood over it. 4. If you are afriad that you will be very upset if you don't do well and that not doing well would seriously interfere with general studying efficiency, you might be better off not taking the exam or not handing it in for grading. If you decide not to "take" the practice exam, make sure you pick up a copy, take it home, study it, write out a careful answer, discuss it with your friends and the instructor. Get the practice without the pain. In retrospect, that is the way I would have done it. The next time you may not be feeling your best is just before and during finals. If you feel you are perilously close to complete collapse, bear in mind: 1. You have every right to feel that way. You are being asked to show how much you've learned in conditions that range from adverse to inhuman. 2. You are not unusually nervous, stupid or weak. No one feels very good. 3. You will probably not feel that you did very well at all. The nature of the exams is such that it is your relative rather than absolute accomplishment that will be judged. (He is first in his class. He did the best "bad job." Everyone else just did . worse.) 4. There may be several correct answers. Don't discuss your answers right after you take the exam. (Particularly avoid overbearing people who are determined to convince you that their answers [different from yours] are absolutely and uniquely right) After you finish finals take a vacation as far away as yon , , can manage to go. 13 �RECESS by Ted Donovan This is an attempt to present a quick tour of some ways to relax at ÜB. Before we begin, however, a few points must be made: First, the opinions expressed here are the author's alone and are not always shared by the rest of the law students. In fact, from what I've observed during my first year at ÜB, very few students in the law school even thought about trying to relax during the term except for an occasional drinking binge. You cant concentrate on your work unless your mind is relaxed enough to absorb what you are reading. However, law students are not known for having a great deal of free time. Therefore, the first criterion for this article is that it will look only at ways to get away from it all right on campus where you won't have to waste time coming and going. Just step outside the law building or .hop on over to Main Street and relax for an hour or two before going back to the grind. The second criterion for events described here is that they are cheap we spend enough money on tuition and books without going broke on our entertainment. I will ignore the obvious, like sporting events and theatrical performances that every college and university offers. If you are interested in these you II learn where to find them. I will also limit my comments on that greatest of all mind-dullers, the television set. I do suggest if you want to watch a lot of TV you bring your own set. The TV sets in the dorms get poor reception and for some strange reason do not receive as many stations as private sets. If you have - to run over to a set in the middle of the afternoon to catch your favorite soap opera instead of studying, I suggest the Richmond Lounge in the Ellicott Complex as it has better reception than any other set at Amherst. One other observation. There are only 750 law students at ÜB, compared to a total university population of around 25,000. Therefore, almost every single activity described here is sponsored, paid for and participated in, with the other students, especially the undergraduates. Don't let this dissuade you from doing something; remember, you were an undergraduate once yourself. But dont be surprised when you are surrounded by non-law) students at the Pub or in a 14 During the week, quality films from the past are shown on both campuses by various undergraduate departments, usually in the form of a series of films shown on the same night each week. For example, one Monday night series last fall concentrated on black and white comedies, including silent classics by Chaplin and Keaton, Tracy-Hepburn movies, and other comedy classics such as The Lavender Hill Mob. Series last year also dealt with women, including special nights for Bette Davis, Katherine Hepburn, and Jane Fonda, as well as' served with celery and bleu cheese to cool series of films from India, Germany and offthe digestive system.They are good and Italy. The second best part about these, servedall over the city. course-oriented films is that they are free] The best part is that most are preceded which at opens every night The Pub, nine, also serves chicken wings as well as by a cartoon, usually very old, such as the pizza and tacos. In addition to food the 1950's Superman cartoons. In case some students prefer live Pub offers beer, mixed drinks, and live to movies, in addition to entertainment bands on Friday and Saturday nights. There is also a game room withpool, foos- the bands at the Pub, the university has a' ball, ping pong and pinball. Admission Is ticket office in Squire Union which sells free during the week with a one dollar co- student priced tickets for every major ver charge when there is a band. These entertainer who comes to Buffalo, bands are local, and generally, better than including rock stars and comedians. UB average. The Pub features specials sponsors several events of its own, like most week nights, such as an open last fall's performance by Robert Klein. microphone one night or a half-price Besides entertainment, UB offers a, night on tequilla drinks. Prices for mixed number of speakers during the year;; drinks average about $1.20 with beer at ranging from an American couple who have lived in the People's Republic of 50 cents a glass. For people who prefer movies to China for the last fifteen years, to Bruce drinking, UB offers an incredibly wide Beyer, a major Buffalo figure from the range of films each week. The University anti-Vietnam War movement The lawUnion Activities Board (UUAB) shows school also has guest speakers. In thepast movies each weekend at the Squire Hall few years Leon Jaworski, Ramsey Clark Union on the Main Street campus for a and Michigan Law Professor Yale Kamisar movie. In fact, one of the main attractions of some of the things to do at UB is that you and your friends can go and not have to talk shop. There is no student union on the new Amherst Campus but students get together at night at either the Student Club, or the Pub. The Student Club is a snack bar featuring wine, beer and the usual junkfoods —hamburgers, hot dogs, etc., as well as Buffalo's specialty, chicken wings. For those unfamiliar with thislast delicacy, the chicken wings are deep fried like French Fries and then covered with hot sauceand one dollar admission fee. UUAB generally have spoken. If you prefer less organized activities, presents off-beat popular movies, such as Story of O, A Boy and His Dog and the Squire Hall Union offers pool tables, Bound for Glory, as well as weekly ping pong and a bowling alley. Those midnight movies which last year included students who like to sink into a good (or Andy Warhol's Bad and The Texas Chain trashy) novel will find the browsing Saw Massacre. The Friends of CAC and libraries very helpful. There is one in trie Inter-Residence Council (IRC) show Squire and one in the Ellicott Complex. movies each Friday and Saturday night They keep up to date on all the popular The CAC movies cost one dollar. The IRC magazines, as well as every type of movies are free to members and cost one paperback from the classics to dollar for everyone else. IRC and CAC Doonesbury. The people who work in movies are shown in Farber Hall on the these libraries are very willing to help, Main Street Campus and Room 170 and have gone so far as to order those Fillmore in the Ellicott Complex at books students want that they don't have Amherst These movies are almost always yet. Perhaps the best of the university' good and often surprisingly recent services for students is the music room. In Movies in 1977-78 included The Deep, Squire, next to the browsing library is a The Spy Who Loved Me, Valentine (not lounge with six private listening rooms and a fine collection of albums. It's all are good), andAnnie Hall. �amazing how much more legal jargon can be understood while listening to Billie Holiday than while sitting in the library listening to the rhythm of the Xerox machines. If you like to walk, the Main Street campus has all the rustic quality of a 1950's MGM college musical, from the beautiful large trees to the fountain outside of Squire. The Amherst Campus is still somewhat bare but the island in Lake LaSalle is peaceful and the new dogwood and willow trees are nice. If you get hungry, it's a nice stroll from Ellicott through the Audubon housing development to Burger King. The law school also has entertainment. In March the First Annual Law Revue was held. This Revue was a "talent" show put on by the students, faculty, and administrators of the law school. I mention this production for two reasons. First, to tell you about the various acts so you will know law students and faculty are not all work and no play, and secondly, because I helped put the show together and I want to recruit for the upcoming show. The Dean gave an introductory speech ("We have a progressive law school all the seats have magic fingers."). We had faculty game shows, such as The Buffalo Squares, a few jugglers and some knock-out singing talent. This talent was not limited to students for the highlight of the evening - was when Professor Thome McCarty;*.-; brought down the house with his spectacular performance of Heartbreak Hotel (eat your heart out, Professor Kingsfield). We had a great band made up *-* of piano, drums, guitar and trombone. For something completely different, the show's writers came up with a slide show on the basics of how to use the law library ("This... is a book!"). The emphasis of the night was on fun. Between the free admission, the good acts and the beer, we proved law students can **, allow themselves at least one night a year away from the books. "| You should be able to find something right here atAJB to relax you, too. .- ' ' Administration Profiles He teaches courses in administrative law, consumer protection, and trade regulation. He received his B.A. from Duke University in 1966 and his J.D. from the University of Michigan in 1969. Boyer is 34 and was married recently. University of Michigan 'm 1951. His teaching interests include collective, bargaining in government, constitutional law, and education law. Newhouse is 56, married, and has, , three children. Alan Carrel,. Associate Dean for Placement and Alumni (316 O'Brian),,is responsible for developing placement contacts and opportunities, establishing relations with die legal community and alumni, carrying out fund raising activities, and administering continuing education programs. Carrel is a member of the Board of, Directors of the law school Alumni Association, and has been a partner in a. local law firm for the last ten years. He. was named to.his present position this , , year. i He received a B.A. in Biology from Hamilton College in 1964 and an LL.B. from the U.B. Law School in 1967. Carrel is 35, married, and has three children. .. , , ~ Barry B. Boyer, Associate Dean (318 O'Brian), is co-director ofthe Baldy Center for Law and Social Policy, which oversees dual and jointdegree programs.He also coordinates curriculum development, and guides work of the Academic Policy and Program Committee. Boyer has been with the law school faculty since 1973. He was a Visiting Associate Professor at the University of Virginia Law $c,hqql, 1975-76. He was Chairman of the Committee on Long-Range Planning for the law school, 1974-75. " " ADMINISTRATIVE STAFF Wade J. Newhouse, Associate Dean and Law Librarian (205 O'Brian), is head librarian and the representative of the Faculty and the Dean on library matters. Newhouse has been with the law school faculty since 1958. Prior to that, he was a Ford Foundation Teaching Fellow at the Columbia University Law School in New York City. He received a .B.A. in Political Science from Southwestern University, Memphis, Tennessee, in 1948, and a J.D. from the Audrey Koscielniak (308 O'Brian) is assistant director for placement. She also' maintains law, school accounts and oversees purchasing, supplies, equipment, and other administrative services for the school. Phyllis Blendowski (511 O'Brian) is supervisor of the,secretarial staff and the law school printing and copying activities. Helen Crosby (306-B O'Brian) handles admissions processing and courses 15 �Activities The above organizations have used this paper as a means to introduce themselves to you. Other groups such as the Black American Law Students Association and the Association of Women Law Students are contacting incoming freshman on their own. The other student organizations, which you may have read about in prior information from the law school, will be introducing themselves during the orientation session. These groups include the Student Bar Association, whichis our elected student government (freshman representatives are elected in the fall); Moot Court, whose members are particularly interested in oral arguments and appellate advocacy. Members of Moot Court annually compete in national and international competitions; Buffalo Legislation Project which offers research analysis and bill drafting services to state and local legislators; The Distinguished Visitors Forum which sponsors eminent practicing lawyers and academicians as speakers; the Opinion, which is the regularly published student newspaper; and such organizations as the New York Public Interest Research Group, Phi Alpha Delta and the Environmental Law Society. Getting Around Buffalo and the Law School listings are given out over the phone; they must be seen in person. However, they will mail out, on request, general information about housing and leases. Newspapers are another good source of housing leads. The Spectrum is the University student newspaper and has a classified section in the back. Buffalo community area papers also carry housing ads. These papers can usually be found in local drugstores. The major citywide papers are the Buffalo Evening News and the Courier-Express , both of which have a lot of housing ads, usually divided by regions. While you are looking, where can you stay? The University runs a "hotel" during the summer. For a few dollars a night, you can rent a dorm room while you look for a place. However, the "hotel" closes August 18th. For information and reservations, write to: Rick Schoellkopf Housing Office Richmond Quadrangle, Building 4 Amherst Campus SUNY at Buffalo Amherst, New York 14260 Reservations may also be made by calling 636-2011. Space is limited, so be sure to make arrangements well in advance. If you want to live in a dorm, write to the same address as above soon. Spaces are filling up fast. Remember to check leases carefully. Legal aid located in Squire Hall will look over leases for you. The off-campus housing office, also in Squire Hall, will provide. you with information on what to watch for in leases. Find out if heat is included in your rent. In Buffalo, that is the major bill. Don't get discouraged. The best housing is often snapped up at the end of the spring term because of 12-month leases. The earlier you get to Buffalo to look for housing, the better off you will be. It is hard to find housing for one person, so consider moving in with other students. You might even want to find out from the Registrar or assistant dean who some other first year students are and try to room with them. Good luck. Financial Aid During the regular academic year, Kathie Drumm is the law financial aid counselor. Her office is located in 303 O'Brian, next to the Office of Admissions and Records. Ms. page 16 Drumm will be doing a presentation on financial aid ana tne many student problems connected with it sometime during the first two weeks of classes. Watch for notices as to time and place. Placement The Law School deems placement of its graduates to be a continuing concern. Though the school is not an employment agency, it stands ready to assist its graduates in locating suitable opportunities for their own professional development. The Placement Office is located on the third floor of O'Brian, and maintains bulletin boards with notices of full-time, part-time, and summer positions available. Committees Student positions are available on many Law School committees. Appointments to committees are made through the Student Bar Association, and information about available positions will be publicized early in the school year. The committees include Budget and Program Review, Appointments, Academic Policy and Program, Admissions, Faculty-Student Relations Board, Judicial Clerkship, Library, Minority Student Program, Mitchell Lecture, Self-Evaluation, and State and Local Government Law. Some committees are composed simply of students who wish to volunteer their time, with no appointment requirement, such as Orientation, Commencement, and StudentLife. Lockers Lockers are available for first year students in the basement of O'Brian Hall. You may register for a locker anytime after August 14thand you must supply your own lock. There are two sizes of lockers in the basement. The full-length lockers are reserved for second year students. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-07-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 7/6/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/decd34be5e14c3571b8345527424a31b.pdf 373f6cf81b9fa25e48119a157d28ddab PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit Np. 708 Volume 19, Number 1 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 September I^, 1978 State University of Newt York at Buffalo School of Law Freshman React to Housing and Profs "We don't have much impact on the quality of student housing. We've tried to put pressure on the housing office, but it's hard," Serious housing problems and Canfield said. surviving the first weeks of classes Bill Lundquist, co-chairperson and professors marked the arrival of the Orientation Committee, of this year's freshman law class. acknowledged there was a serious University-wide housing housing problem, but said it was problems did not escape the outside the purpose of orientation attention of the freshmen law to deal with it. class as many of them were still "A lot of people didn't have looking for housing several days places to live," said Lundquist, after classes had begun. Most "but there was nothing affected were those students orientation could do about it." notified of their acceptance into This view was not shared by a the law school just days before number of students who were the beginning oforientation. admitted into the law school on Three weeks before the first short notice and Who had day of orientation 65 offers of difficulty finding a place to stay. admission were sent out, followed was accepted into this "I by an additional 30 letters of school on the Wednesday before admission 10 days later, and a orientation after I had already final four to six phone calls started law school at Hofstra. It offering admission just a couple of seems to me that there were a days before orientation, according tremendous number of students to Charles Wallin, Registrar and who came here without housing," Assistant to the Dean. said one student whoasked not to "A disaster," was the be identified. description used by Allan "I think there should have Canfield, Assistant. Dean for been a clearing office for housing. Student Affairs, in describing the 1 went through hell, and at least housing shortage. there should have been a list of Canfield said the problem people who would temporarily faced by the law school was part put up law students," the section of a great University housing 2 student said. problem which resulted in close to Dean Canfield Indicated 300 freshmen undergraduate something has got to be done students being without campus about the situation before next by Jay Marl in housing. continued on page 8 In Vitro Fertilization Madeline Bernstein Claude Joerg Three Vie for SBA Presidency by Carol Gardner student). Bernstein has participated in The students from all three the SBA as a director her first classes will be selecting the year. She is currently serving as president of the Student Bar SBA treasurer for a second term. Association on September 19 and Bernstein served as a student 20 from 9:30-4:30. The Student representative to faculty meetings Bar Association (SBA) is the at the law school. When asked her student government at law school. reasons for deciding to run, Four officers and eighteen Bernstein stressed her experience directors govern the SBA. The with working with the SBA board President, Vice-President, and the administration. She said, Secretary and Treasurer arc "I feel the board will support me. elected by the entire student I already have a rapport built up. I body, whereas the eighteen have no enemies basically, so I directors (six from each class) arc think I could work well with the elected by their respective classes. organization. I know what I'm The office of president is doing and I do it well." currently vacant due to the Bernstein hopes that as resignation of the former president she will be able to push president, Andrew Cosentino.Thc the External Affairs Committeeto three candidates who expressed an build, up the reputation of the intention to run by September school by more closely working sth arc: Madeline Bernstein, with the alumni and placement. Claude Joerg (third year students) She thinks the president could and Tony Leavy (a second year take a more active public relations role. She wants SBA to take stands on things that effect lawyers in the community. It hasn't in the past. I'd like to sec that changed. Bernstein wants to enforce attendance rules and to push for from the incubator, thereby committee reports. She complained that in the past the destroying its contents. The Del Zios filed suit in faculty-student committees were Federal District Court for $1.5 making decisions without SBA's million against Dr. Vande Wiele, awareness. She hopes to get SBA Columbia Presbyterian Medical involved in any decision Center and Columbia University. concerning a change in the grading Mrs. Del Zio claimed emotional system and in doing something to and psychological injuries due to stop late grade reports. the destruction of the contents of Bernstein feels she has an asset the test tube and Mr. Del Zio in being well-known and claimed damages for loss of accessible to students. She ended consortium. The case went to trial the interview by saying, "I'm not amid the news (expected to be running SBA by myself one damaging to the defense) that the can't. I need cooperation. I can world's first test lube baby was get the board together and set them going." about to be born in England. At trial, the Del Zios, Claude Joerg is another, represented by their attorney candidate for SBApresident. Joerg Michael Dennis, sought to prove was a third year director for the that by destroying the contents of spring semester of 1978. He the test tube, Dr. Vande Wiele had served on the SBA appointments robbed Mrs. Del Zio of her only committee which set up the chance of having a child, thereby procedures for selection of causing her great emotional students for participation on injury. The defendants, on the faculty-student committees. This other hand, claimed that Dr. summer Joerg volunteered as the Vande Wiele destroyed the SBA, Sub-Board representative contents of the test tube in order along with John Batt. *>üb-Board to safeguard Mrs. Del /Jo's life. In is the corporation which disperses Test Tube Case: Effect Unclear by Alan Nadel This summer one of the most interesting and controversial trials in recent memory took place in Federal District Court in Manhattan. The case which could have been taken from the pages of Brave New World involved a suit by Mrs. Doris Del Zio and her husband John against Dr. Raymond Vande Wiele, Columbia Presbyterian Medical Center and Columbia University. The Del Zios, who were married in 1968, were unable to have children due to Mrs. Del Zio's blocked fallopian tubes. When surgical procedures designed to open her fallopian tubes failed, it appeared that Mrs. Del Zio had no chance of ever becoming pregnant. It was at this point in 1972 that her gynecologist, Dr. William J. Sweeney, informed the Del Zios of the work being done by Dr. Landrum Shettles in the field of in vitro fertilization. The procedure involves the surgical removal of the egg from the female, its fertilization by the male sperm in an artificial environment, usually a test tube, and finally the implanting of the fertilized egg in the female's womb. The Del Zios decided to try the Shettles procedure despite its unrecorded success. In September, 1973, Mrs. Del Zio entered New York hospital where it is alleged eggs were surgically removed from her ovarian tissue. The eggs were placed in a test tube and taken to Dr. Shettles at Columbia Presbyterian Medical Center, where they were mixed with Mr. Del Zio's sperm. The test tube was then placed in an incubator, to remain there until fertilization was complete, at which time the contents were to be implanted in Mrs. Del Zio's womb. Dr. Shettles had failed to obtain the authorization of Dr. Vande Wiele, chief of obstetrics and gynecology at Columbia Presbyterian. When it came to Dr. Vande Wiele's attention, he ordered the test tube removed Tony Leavy - continued on page 8 student activity fees. "I'm running because SBA needs someone who has been in it awhile and understandsthe issues. If it doesn't get someone with experience, it's going to lose a whole month's opportunity to get working while that someone tries to figure out what's going on," )ocrg said. As Sub-Board representative, Joerg felt he learned a lot about the workings of the University system. He emphasized what he considers his achievements as Sub-Board representative. "First, through tense negotiations, we were able to .reduce the law school's required contribution from $4200 to $1500. It will require an amendment to the Sub-Board constitution in order to avoid the mandate of 15% from the total law school activity fee budget." He also stressed the increased medical coverage under the new mandatory health insurance policy which was obtainted this summer. Finally, Joerg is proud of the selection of Richard Lippcsas legal counsel for Group Legal Services. Lippes has promised Joerg that he will make great efforts to sec that law school students have a more active role in working with the clinic. )oerg hopes to have the External Affairs committee look into tuition costs and to prepare strategies to combat any possible increases. He wants to establish regular meetings of the SBA at regular timesrather than call them on such an ad hoc basis. He envisions a regular SBA newsletter and a better relationship with Opinion. Joerg also hopes to see appointments to faculty-student committees based more in interest than on personality which he charges was done in the past. Reports from these committees would be required under his administration. Tony Leavy decided to run for SBA president although he has never sought office before. He urges this is an asset, rather than a liability because he claims that the SBA is still factionalized over the spring phone scandal. As a result, Leavy says he alone can bring leadership which will inspire the continued on piu/v X �Vol. 19, No. 1 -September 14,1978 Editor-in-Chief Jason Poliner Managing Editor Randi Chavis Letters To The Editor heavy Pledges Best Effort To the Editor: if Elected already have their grades be no double standard in the Continuous pressure should be placement office. put on these professors to change In conclusion, I want to this unprofessional, practice and address myself to" a question SBA should represent the student! which I have been asked several by applying that pressure. times since I decided to run for In the Fall of 1977 SBA made President. The question is this: an aborted effort to organize "The issues that .you are raising student lobbying of the State are important but they have been Legislature in Albany. Individual raised in past campaigns by other students signed up to help but candidates and so far little has they were never contacted after been done about them. What they volunteered. SBA should try makes you different and why do again. Having worked in Albany I you think you can do anything know how important and about them when others effective lobbying can be. We have seemingly could not?" My answer a lot of talent and expertise in our consists of three commitments: 1) student body which, among other I pledge my best efforts in things, can be used to get accomplishing these needed increased funds for financial aids reforms. 2)^J will establish a and increased revenues for the committee to completely review Jibrary, placement office and the purpose and- structure of our other support services. In addition student government and, if it is to our own lobbying, or in lieu of determined that these needed it, we should begin negotiating reforms cannot be accomplished with SASU, the student lobby either because of misdirected group in Albany representing all goals or because of inherent State University students, to structural problems, I will urge determine if law school any changes needed, up to and membership' in SASU would be including abolishment of the SBA beneficial to us. Lobbying efforts and its replacement with need leadership and they have something more responsive to our received none from SBA. As needs. 3) Finally, I pledge to President, I will supply that resign my Presidency if, in six leadership. months, I have not made progress SBA must exert pressure on toward my goals. I challenge my the administration and faculty to opponent or opponents to make have them intensify their efforts these three commitments. to attract more women and As for my -biography, it minority students to our school. includes being a graduate of Mt. The administration and faculty Morris Central High School in must also be encouraged to 1969;' a graduate of SUNY at increase- their efforts to attract Geneseo in 1973; a legal clerk in minority faculty members in Rochester in ,1974; an addition to more women faculty, Administrative Assistant to. ,N-YS to come to Buffalo to teach. Senator John Perry in 1975-77; Now that we have a new and a first year law student at placement director, SBA should SUNY at Buffalo in 1977. insure that the placement office is I thank Opinion for allowing working for all students and that me to express my views on the the office is giving all students an issues. equal opportunity to be placed in jobs suitable for them. There can Tony Leavy As a candidate for SBA President I thank you for giving me this opportunity to express my concerns over issues which I feel are most important to law students. These issues are: issuance of Staff: Steve Blumberg, Mike Buskus, Maria Colavito, the final report of last year's SBA Carol Gardner, Jay Marlin. telephone scandal; immediate Contributors: Alan Nadel, Larry Ross, Bob Siegel, Lewis appointment of students to the Steele, Steve Lacher. faculty/student' committees; Copyright 1978, Opinion, SBA. Any republication of materials herein is active and meaningful student strictly prohibited without the express consent of the Editors. OPINION is participation in any change in the published every two weeks, except for vacations, during the academic year. grading system; increased It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views communications between SBA expressed in this paper are not necessarily those of the Editorial Board or and the student body; prevention Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined of late exam grading; organization collectively by the Editorial Board. OPINION is funded by SBA from of student lobbying; Student Law Fees. Composition & Design: University Press at Buffalo intensification of the search for women and minority faculty and students; review of placement services and a study of the structure of student government. I want to turn away from the scandal-ridden past which last Next Tuesday and Wednesday law students will be going to the year engulfed SBA, paralyzed its polls to pick new members ot the 5.8.A., the law student government. functioning and brought to SBA On the ballot will be openings for the new first year directors, along horrific personal conflicts and with the offices of President, Secretary, and Treasurer of 5.8.A., and Many student confrontations. other Directorships all vacant as the result of resignations. Opinion hopes all law students get out and vote in these elections. efforts to make this a better They are important. Take the time to find out who the candidates arc, school cither were thwarted or overshadowed by this tragedy and what they stand for, and why they want the jobi nothing will get done this year if * * * we repeat the tragic and vitrolic the At same time, we arc concerned about the fact that three out thing of four members of the S.B.A. Executive Board have resigned forcing a events of last year. The first that has to be done is to finalize virtual re-run of last spring's election. the SBA report on the phone / The S.B.A. can be an effective student voice. But, it requires scandal. Once this report is concerned and aware students. Students running for office should be finished we can move on to the cognizant that behind the prestige, behind the glory of "winning" lies a ' important things waiting to be deal great of work. ■ ■ Membership in the S.B.A. requires a full-time commitment to the done. students of this law school. Too often in the past, holding office in Over the summer the Dean' student government has been looked upon as a stepping stone to terminated all student on the greater "prestige," another entry on the all important resume. membership Membership in student government is more than just making a name faculty/student committees. As for one self. It is attending committee meetings, articulating a student the new President, I will position, and doing research on questions which affect the entire law immediately appoint students to student community. these committees. When a student is elected to office only to resign 3-6 months later, SBA has lost touch with the he has done atl students a disservice. In order to be effective, student rest of the students and if elected government must exhibit some degree of continuity. Administrators I will restore communications and faculty are paid to run the school#on a day to day basis. They have between the SBA and the student a great deal of expertise doing it. body. I will insure that a notice importance on campus. I am in Students on the other hand, arc around for a relatively short and agenda of every SBA meeting To the Editor: period of time. They must learn very quickly how the school is run, is prominently posted throughout Having been very active as an section threeof the first year class who runs it, and how to advance a student position in the face of undergraduate in various school and live on campus. I will not school and, also, after the faculty ambivalence. organizations, I see the SBA as a make promises to you now this When a student resigns from student government just after learning meetings, that minutes will be chance to keep myself involved way I will only keep those which posted. I will also insure that SBA the rules, at a time when he is in a prime position to advance student with activities and matters of are possible to keep. Thank you. sign on its door. These interests, he shows a lack of respect for his fellow students and a true puts up a Michael Rosenthai are small first steps but I hope lack of leadership. that they lead to a revitalized will Student government starts with a handicap. Students are only around for three years. At the most we are lucky to have a student student government. One of the most important To the Editor: involved in the governance process for one year. Opinion hopes those that it was. We would especially The 1978 Freshman like to thank Dean AllenCanfield running for office this Tuesday and Wednesday don't aggravate the issues affecting students is the possible revision of the grading Orientation Committee would like for his guidance. Without him problem by '.signing from government betore the year is up. Student candidates owe their constituency a moral commitment to system. This issue is now being to take this opportunity to thank there would have been no serve for a full year. Student government means work as well as honor. discussed by the administration all the students who helped on orientation. Bill Lundquist and faculty, without active this year's Orientation. Your help Candidates should bear this in mind as they seek elective office. Mary Lundquist student participation. No change was greatly appreciated and you TedDonovan should take place without active made the orientation the success tony Leavy and meaningful involvement by all students. I will take the lead to to insure this involvement. As contacting students during the President of SBA I will work to To the Editor: get the administration and faculty Many thanks to Allen Canfield, day should be fully alleviated. to listen to the student body on associate dean of student affairs, Thanks again for this this issue, and I will arrange for for instituting the mailbox system important contribution to bettes Writers, cartoonists, photographers, artists, poets, layout editors. SBA to have a referendum on any on the second floor. With every student life in the law school. If you have experience, or want to gain it, in any of the above change. student having his or her own Keep up the good work! areas drop in on Monday, September 18 Between 10 a.m. and 3 'Something must also be done. mailbox, the problem of Mike Shapiro p.m. in Room 623. about professors who-fbel free to ' ■ or or more wait 6, 8 10 •w?ek> after exams to hand in their' NEWS EDITOR grades. Students should not have put up with this. This practice to We need one. Anyone interested in the position is encouraged to it'sbetter to keep your mouth shut and severely handicaps students apply. Same time same place. Or sooner. 'appear stupid than to open it and remove ail doubt. seeking employment, especially when put' in competition with Mark Twain students from other schools who News Editor: Tim Cashmore Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Resignation Blues : . . - Rosenthal Makes No Promises — Orientation Committee Thanks Students OPINION OPEN HOUSE Thanhs . Canfield for Mailboxes Quote of the Bi-Week .- - Opinion 2 September 14,1978 �InMemoriam New SBA Election Rule H Adolph omburger Forces More Resignations second-year positions, two, organization telephones and paid third-year positions, and the posts for by student funds. The SBA of president, treasurer and spent much of the spring semester by Steve Blumberg A new Student Bar Association election rule, passed by the S.B.A. Board of Directors at its first meeting of the semester, could add two new vacancies to the Board. With elections slated for next Tuesday and Wednesday, 131 of the Board's 22 positions might need to be filled, including three of the top four officer posts. The new rule reads: "Anyone wishing to run for another office wiH have to resign their present position before the upcoming election in order to pursue the new office." Third-year director Claude Joerg and Treasurer Madeline Bernstein, both of whom .->re contemplating seeking the S.F.A. presidency, would thus be required to give up their present positions if they decide to run. secretary. investigating the charges. The new election rule was discussed at some length at the Board's September 5 meeting. Second-year director Dwight Wells noted that in the real world of politics, politicians are often allowed to hedge their bets. But, he added, this is not the real world, and perhaps students should be held to higher standards. Michael Shapiro said the S.B.A.'s credibility would be hurt by any additional election held to fill a spot vacated by an incumbent who won another post. Although the new rule passed 7 to 1, it was strenuously opposed by second-year director Lewis Steele. Jim Maloy, chairman of the subcommittee which investigated the scandal, informed the Board that a report would be issued Steele characterized the decision as a "function of jealousy and punishment, emotions that have no place in student government." The new rule, he said, reflected a lack of self-confidence on the part of the SBA board, indicating that it was afraid that people would conclude that all it does is hold elections, never doing anything substantive. Wells suggested that the plethora of resignations and the time-consuming nature of last semester's' telephone scandal investigation made substantive x progress difficult. v The rash of resignations began last spring with that of President Andrew Consentino, who left U.B. to spend his third year as a visiting student at New York University Law School. Two second-year directors, Michael Shapiro and Dwight Saunders, and third-year director Mary Ann Cupo resigned this fall because of other commitments. Secretary Richard Bedor quit for similar reasons, but plans to run for second-year director. So in addition to the six The "telephone scandal" first-year director spots which must be filled every fall, next involved unauthorized personal week's election will involve two calls made on student fllV iiiHPl before the next issue of Opinion. Maloy also said the phone committee's recommendation concerning the location of a single long-distance telephone was turned down by.the law school administration, which called the plan "baby-sitting." The plan called for the monitoring of the phone by a member of the administration. A brief discussion followed Maloy's report, but a decision on the ultimate location of the lone phone was put off until after the elections. Maloy suggested that, assuming the SBA can be trusted, the phone could be in the SBA office. In a general attack of the SBA administration, Steele repeatedly chastised the group for not dealing with matters of substance. Professor Homburger will remain- well-known and respected for his tireless work in reforming New York's procedural laws and rules. His efforts for the State, judicial Conference resuked in the adoption of reformed long-arm jurisdiction as well as a workable class action statute, plus countless other procedural innovations designed to bring simplicity and fairness to the process of trying a lawsuit. Professor Homburger's legal acumen and scholastic endeavors are world-renowned, and rightly so. His continued attention to comparative legal scholarship enriched his work and tempered his work on procedural statutes 1905 -1970 with a special flair for practicality by Mike Buskus and simplicity, two most desirable qualities in any system of laws. The law school and the entire Perhaps Professor Homburger legal community suffered a tragic will be best remembered for his loss when Adolf Homburger distinguished teaching, passed away this summer. particularly in the field of civil Professor Homburger's untimely procedure and New York practice. death followed decades of his The members of Section I of the teaching at this law school and Class of 1979 were fortunate years of private practice in the enough to be the last group of Buffalo legal community. Buffalo law students to have experienced Adolf Homburger as a teacher. It was certainly a memorable experience for me, and I'm sure it was for everyone else in my class. Civil Procedure I is foreign and student, which shows how dramatically things have changed unfathomable to most first year over the past several years," said law students, yet somehow Adolf Charles Wallin, registrar and Homburger managed to instill in the minds of all of his students a assistant to the dean. Wallin indicated he saw the solid grasp of that difficult percentage of women in the law subject. Surely, every one of his school approaching SO per cent students will remember how we first agonized over Pennoyer v. within ten years. When asked if there was any Neff and later Erie, only later to concentrated effort to increase see them fall into place as the number of female students, Professor Homburger patiently Wallin said, "I don't think we explained, the principles and logic need any effort to recruit good behind therules oflaw. He was always a teacher, female students." As far as the general applicant genuinely interested in each and pool, Wallin said it was too early every students' progress in the to tell, but he didn't expect too course. I remember how when one much change from last year's class of us would be confused about which had a median GPA of 3.4, something or give a totally wrong answer, he would patiently and an LSAT score of 620. "We had a total of 1750 explain the correct answer and applications which was a drop then later ask that same person a from last year's 2100, and the similar or related question so that peak of several years ago of 2800. he could be sure the student had Our applicant pool was not hurt learned the point of law. this year, but if this nationwide Homburger always took great trend continues, then it will not pride in seeing his students grasp those difficult points and be good." According to Wallin, ninety per troublesome areas. Most regretfully, Adolf cent of. this year's first year class are residents of New York State, Homburger is no longer with us. and its members represent close to Yet, the memory remains and the more than 2,000 members of the 100 schools and universities. "We are the reverse for most "HTLC" (what Homburger state law schools in that we don't himself once called the attract too many out of state "Homburger Trained Lawyer students. We would have a better Club") live on to carry out the applicant pool if we did, but fine example set by Adolf people are put off by the Homburger for scholarship and practice. We shall all miss him. location," Wallin said. Women Students Admitted In Record Numbers by )ay Marl in With 36% of its members being women, this year's freshman law class features the largest number' of women in a first year law class in the school's history. "In our first class seven years ago, we only had one female w p^^n* Fraternity ToRush ■ Phi Alpha Delta law fraternity will hold a rush party for all men and women law students interested in joining the fraternity. The party will be held in Room 405 (the 4th floor student lounge), on Friday, September 15 at 1:30 P.M. All law students welcome. September 14,1978 RESUMES Typeset & Copies COVER LETTERS REPORTS BRIEFS THESES ACCU-TYPE 47 CHRISTINE DRIVE (off Sweet Horn* Road) 891-7480 Opinion 3 �Students Needed on Faculty-Student Committees Shortly after the results of the Law School's September Student elections, the Board of Directors of the Student Bar Association (SBA) will act to fill the student positions on Faculty-Student Law School Committees. So that students may have a better understanding of the Possible mechanisms by which we can effect Law School policy and programs, a brief survey of the identity and fuctions of various Faculty-Student Law School Committees follows. Major Faculty-Student Law School Committees include Academic Policy and Program, Academic Standing, Admissions, Appointments, Budget and Program Review, Faculty-Student Relations Board, Judicial Clerkship, Library, Student Programs, Minority Mitchel Lecture, Self-Evaluation, Awards and Commencement, and Student Life. Academic Policy and Program (Chairperson, Dean Headrick;3 students) This Committee has the responsibility for planning each year's curriculum and for establishing the curriculum for any advanced degrees as may be approved by the Faculty. The Committee also has jurisdiction over course offerings and curriculum for legal studies programs. It is responsible for developing the curriculum and standards for non-professional degrees offered under the authority of theLaw School. Academic Standing (Chairperson, Dean Headrick; 3 students) This Committee considers student petitions for waiver of requirements or acceptance of special study for credit. Admissions (Chairperson, Professor Greiner; 4 students) This Committee makes recommendations to the Faculty regarding standards for admission and readmission of students into the ).D. program. The Committee also administers the admissions The Board hears grievances between members and students. " Appointments Complaints are filed in petition (Chairperson, Professor Priest; form and a hearing is held. 2 students) This Committee has jurisdiction over appointments to Library the Faculty and has the power to (Chairperson, Professor make recommendations to the Newhouse; 5 students) This Faculty with respect to such Committee advises the Law appointments. Librarian on all library-related Budget and Program Review matters of concern to the Law (Chairperson, Dean Headrick; 3 School community. Of special students) This Committee is interest to this committee is the responsible for budget planning continuing development of the and advising the Faculty and Dean library's collection, and its in developing priorities with operating procedure (hours, etc.). respect to the allocation of resources among the Faculty Minority Student Program programs. The Committee also (Chairperson, Professor reviews the performance of plans Blumberg; 2 students) This adopted by the Faculty. The Committee has jurisdiction over Committee makes budget the development and function df allocations after considering, the Law School's Minority among other things, budget item Student Program. proposals, suggested by individual faculty members, Law School As already noted, other Law Committees, and student School Faculty-Student organizations. Committees include Self Evaluation (Chairperson, Faculty-Student Relations Board Professor Katz, 2 students); (No chairperson; 3 students) Mitchell Lecture (Chairperson, standards set by the Faculty. Professor Atleson, 3 students); Student Life (Chairperson, Professor Schlegel, 3 students); and Commencement and Awards (Chairperson, Professor Del Cotto; students membership undetermined). In addition, six students serve as liason representatives to, and observers of, the weekly Law School Faculty sessions. Students who are interested in contributing time, energy, and effort on any of these Committees should contact any SBA board member or pay attention to the Law School Bulletin Boards to gain additional information regarding the process the SBA Board will use to fill these positions. Tenure Announcement Lindgren to BeReviewed Janet Lindgren, Associate Professor of Law, will soon be considered for tenure. All students who wish to comment may contact Al Katz (Rm. 411), Majorie Girth (Rm. 626) or Ken Joyce (Rm. 530). What the & unknown $ Is Going On Here??? Down in the dumps, Reserved for Ralph J. Stairsteps "Oh, was that your car?" 4 Opinion* September 14; 1978 Photos by: Michael Shapiro �Antitrust Treatise: Exhaustive and Readable by Mike Buskus Little, Brown & Company of Boston has recently published a multi-volume treatise entitled Antitrust Law. The set (currently in three volumes plus supplement) is ultimately intended to encompass five or six separate volumes to be updated regularly to take account of changes in the law. The text is jointly authored by Professors Phillip E. Areeda and Donald F. Turner, both law professors at Harvard. Areeda is the author of a standard antitrust casebook: Antitrust Analysis: Problems Text, Cases. Turner was head of the Antitrust Division of the Justice Department prior to teaching at Harvard. Volume I, encompassing 391 pages plus supplement aims at introducing objectives and theories of antitrust law as well as detailing the contours of the Parker v. Brown "State Action" principles. The authors also devote substantial space to delineating the concerns of federalism and the difficulties of resolving state and federal concerns regarding conflicting policies of efficiency in enterprise and dispersion of economic power. After that foundation, the authors delve into a more specific and detailed discussion of what industries are or are not regulated in the antitrust sense. It is here the authors add substance to the vague generalities of the Clayton Act by both surveying and analyzing which economic sectors are covered by the Act and which fit some exemption. For example, in discussing the interrelationships between labor law and antitrust law, the authors note: "Yet antitrust policy obviously does not embody all national purposes. The labor policy of the United States favors collective determination of wages and other working conditions, and has not refine traditional economic analysis to that which is relevant to establishing a violation of antitrust law (and if so, in computing damages). Selected cases in the brewing, banking and steel industries add clarity and Indeed, the bulk of laboractivities and the specificity to the general concepts bulk of collective bargaining agreements articulated by the authors. are exempt from the anti-trust laws." Volume Three deals primarily with Areeda and Turner then buttress that monopolies and monopolization. The general proposition with detailed case and classic monopoly cases of United Shoe, statutory analysis. Standard Oil and others are covered For convenient reference, a statutory extensively here. Technical issues of patent appendix incorporated within Volume One law are dealt with insofar as they are provides the entire text of the Sherman relevant to antitrust analysis. Act, the Clayton Act, the Federal Trade Substantial portions of this volume deal Commission Act, as well as selected with attempts by various industries to portions of the Bank Merger Act, the "vertically" expand (e.g., from Patent Code and other pertinent statutes. manufacturing, either "backward" to Footnotes indicate changes by subsequent supplying raw materials, etc. or "forward" amendments. to marketing and distribution). The topic A pocket part supplement to Volume of oligopoly control of key industries is One is also included. It provides an interim also dealt with. index for the first three volumes. A The scope and depth of this treatise is cumulative final index is scheduled to be truly amazing. With the exception of the incorporated in the final volume of the Robinson-Patman price discrimination act, series, when published. For quick this text covers every major reference, a table of cases and complete antitrust-related statute in exhaustive table of contents is provided in the pocket detail. The text is basically written in a lucid and readable style, largely devoid of part to Volume One. Volume Two is concerned with antitrust jargon and undefined terms. remedies. Considerable discussion and It is, however, organized as a typical analysis of antitrust penalties e.g., treble treatise. Thus, because it is aimed towards is supplemented by discussion an audience which will probably not read it damages from end to end, substantial repetition and of litigation procedures and obstacles. An entire sub-chagter deals exhaustively "> overlap results in several areas. Perhaps this with res judicata and other preclusion is preferable to the alternative of endless effects in antitrust adjudications. Damages "supras" and "infras" leading the reader on are treated extensively. Threshold issues, an obstacle course to the desired point. especially standing, are considered in Thus, each discrete section is largely exquisite detail. self-contained and permits consideration Doubtless because antitrust law is independent of other parts of the text. The inextricably linked to economic concepts, analysis, however, does build from chapter the authors deal with such elusive concepts to chapter; thus, there is an advantage in as "market" and "demand." They assay to perusing it from beginning to end. objected industry-wide labor organizations or even to joint industry-wide tabor-management negotiations including all- procedures. — to - , Throughout some basic familiarity with economic concepts generally and knowledge of antitrust law in particular is presumed. However, no technical understanding of market structure is assumed. The text stresses basics, with details and exceptions provided as a gloss to polish the underlying descriptive framework. Throughout, the direction and general implications of the analysis are made clear. Thus, by the use of easy-to-locate bold-fact type (indexed) headings and introductory summary paragraphs, the reader can immediately ascertain the scope of each section. For example, in Volume Two, .discussion of damages has this general preface: "The public purpose of private treble damage actions cannot be achieved if the courts insist upon truly clear proof of the plaintiff's damages. But the desire to encourage private enforcement and to penalize and deter antitrust violations is no excuse for awarding damages that are non-existent, inconsistent with antitrust policy, or unconnected with the true rationale for imposing antitrust liability." A word about the authors' views is appropriate. They obviously aim to do more than merely describe the existing state of antitrust law. They clearly envision their role as being commentators, and do not hesitate to criticize court conclusions they find unsound. Certainly, they make every effort to present a balanced perspective wherever a particular point is particularly unsettled. Turner and Arreda's Antitrust Law is a massive undertaking. They have made an impressive beginning with the first three volumes. If the rest of the series is of comparable coverage and depth of analysis, then Antitrust Law will doubtless be an indispcnsiblc work in the field. WEEKS O riKti v to register for the BAR/BRI Early Enrollment Discount. Discount ends Oct. 6 tafcro JWWfrvMiutiffi QpWjkv 5 �Culinary Counsel Burgers Are Just A Beginning 1 tablespoon chili powder salt, pepper, tabasco to taste by Paul Suozzi I'd like to welcome everyone back to school and back into the kitchen, a place I've been away from all summer. (While living with my parents and commuting three hours a day, I allowed myself to be pampered by my mother's cooking.) Now that I've returned and must begin to take care of myself again, I think of how many persons must be facing the task of cookfng for the first time. Often that leads to hamburgers or'tuna fish almost every night; cooking remains a disagreeable chore engaged in only as a means of survival. Of course, it doesn't have to be this way. Cooking can become an enjoyable outlet for your creative instincts (and the best part is you get to eat what you create). Time, or rather the lack of it, is the usual reason people resort to the above mentioned specialities. The thing to do is take that hamburger or tuna and use it as a raw material, not as the finished product. In that way you can find dishes that are good tasting and nutritious, but don't take forever to prepare. Following are two recipes I've been making ever since I started doing my own cooking. The third I picked up from my zia Filomena when I was in Italy two years ago. Chili Con Came To serve four you will need: 1 Ib. ground round 1 large onion chopped This is a tasty recipe which can be prepared in half an hour. In a large skillet, brown the meat. Then add the onion, pepper and garlic and saute about 5 minutes. Add the tomato sauce, kidney beans, chili powder, salt, pepper and tabasco (if you can handle it). Simmer about 10 minutes. I usually cook some elbow macaroni (about 1 cup), and add it just before serving. Chili is also good over rice. Either one can be cooked simultaneously with the chili so the cooking time is still half an hour. Tuna Casserole To serve four you will need: 2 small cans tuna 'A Ib. Cheddar cheese 1 Vi cups elbow macaroni Vi cup milk 2 tbls. butter or margarine salt and pepper to taste While you have the macaroni cooking, open the cans of tuna arjd drain the oil, then grate or cut the cheese into small cubes. When the macaroni is ready, drain and pour it into a casserole dish. Add the other ingredients and mix evenly. Bake for 20 minutes. Melanzane Ripiene con Ragu/ Stuffed eggplant with meat sauce To serve four you will need: 2 medium eggplants 2 eggs Vi Ib. mozzarella cheese - grated 2 tbls. olive oil 2 tbls. chopped fresh parsley 1 clove garlic - chopped fine 2 cups meat sauce NYPIRG Projects Need Help - INITIATIVES Both the City of Buffalo and Erie County have mechanisms by which citizens can initiate a public vote on an issue. The result of this referendum is binding on the City or County. 1 large green pepper chopped However, groups attempting to 2 cloves garlic chopped fine put a question on the ballot all too often fail due to their 1 1 5 oz. can tomato sauce 1 1 5 oz. can red kidney beans unfamiliarity with the — Put a 3 to 4 quart pot of water on to boil. While the water is heating, wash the eggplants, then cut them in half lengthwise. Scoop out the insides of each half leaving a shell about Vi inch thick. When the water boils add 3 to 4 tablespoons of salt. Put the shells in the boiling salted water, one at a time for about 2 minutes (until tender) then drain and lay out on a baking dish. While you are doing this you can begin to work with the filling. Chop the insides and the garlic. Saute them in oil along with the parsley,-salt and pepper, for-about 10-12 minutes. In a bowl, combine this mixture with the eggs, about half the meat sauce and most of the cheese (leaving enough to sprinkle on top). If you don't have meat sauce on hand, you can add 1/3 Ib. ground round when you saute the insides. Mix in 8 ounces of tomato sauce with the eggs and cheese. Or skip the meat entirely, adding a bit more cheese to make up the volume. Fill in the cooked shells with this mixture, then cover with the emaining sauce and cheese. Bake at 325 degrees for about 20 minutes. This recipe goes well when served with a dish of pasta (especially if you have extra sauce on hand) or with a green salad. Editor's note: In our next issue, Culinary Counsel will explore the Wonderful World of Quiche. If you would like to share your favorite quiche recipe with us, please leave a copy in the envelope outside the Opinion office, Room 623. - - technicalities involved. Research is needed to compile a short booklet on "How To" put a question up for public vote. This booklet will be printed by NYPIRG and distributed in the local area. - REDLINING This is a practice engaged in by banks or insurance companies, wherein a credit-worthy individual who applies for a mortgage loan or homeowners insurance is denied solely because of the ndesirability" of the "v 1. The polls will be in front of the electioneering within the library. library entrance on the second Candidates will be 'permitted at neighborhood in which the home in question is located. NYPIRG is floor. the polls for a reasonable time contemplating a lawsuit to enjoin 2. The polls will be open from (1) to vote and (2) to check the practice. As possible plantiffs 9:30 a.m. to 4:30 p.m. the numbers of individuals that appear, research will be needed to CONTINUOUSLY. have voted from each of the for see a cause of action exists if 3. Within sight of the polling place three classes. them under various civil rights (as indicated by tape marks that which the statutes. The order. 4. in will be placed upon the floor) the following activities will not be candidates' names were placed The Multistate upon the ballot was determined TAX REFORM permitted: A. Placement of Posters for by lot, with three individuals Tax Commission is a group that monitors the tax payments of present at the drawing. candidates. corporations that do business in B. Campaigning of any sort by any person. This includes 5. The ballots will be counted many states, to insure'that these with at least three individuals companies do not evade paying present, including at least one taxes due by falsely deducting tax member of the administration or payments made to other states. faculty. Closing this legal loophole can save New York tens of millionsof Candidate's Forum be A will 6. Questions, complaints, etc. dollars. Research is needed on held on Monday, September 18 in concerning the conduct of this other states' experience with the the first floor lounge. Time to be election should be addressed to Commission and for other data to announced. Candidates for SBA Gladys LaForge, 2nd Yr. Dir., be used in lobbying for the bill to executive offices and directorships 6364037. join the Commission. The material, if put in booklet form, will be available for questions. For will be presented by NYPIRG. (It further information contact Lew may be necessary to draft thebill Steele. SBA Election Committee to join the Commission). Revised Election Rules Announced - Candidates Speak Opinion 6 September 14,1978 LAW SCHOOL BRIEFS Labor Film Traces UnionDevelopment lrv conjunction with Prof. Atleson's course in Labor Law, Barbara Kopple's award winning film, Harlon County, U.S.A., will be shown in the Moot Court Room, September 17th (Sunday), at 7 p.m. This film studies the development and recent reforms within the United Mine Workers from firsthand accounts of organizing in the 30's to coverage of the 1972 Miller-Boyle campaign, Yablonski murders, and Boyle's conviction of the murders. Covers the events in a long; bitter strike for the union. Audio Visual Hours Extended The Audiovisual and Documents Any students who feel they have Departments on the sth floor of special needs because of a the library are now open longer handicap as defined by Section 504 of the Rehabilitation Act of hours: 1973 are asked to see Karen Monday to Friday 8 a.m. to 9 p.m. Spencer. The Library will accommodate special requests in 9 a.m. to 5 p.m. so far as we are able. Saturday Con Law/Philosophy The Constitutional Law/Law and Philosophy Forum is a student organization in the law school which was established to provide an opportunity for students and faculty to get together for talks, colloquia and discussions in .the areas of constitutional law, law and philosophy, jurisprudence, civil liberties, civil rights, and legal and constitutional history. Anyone who is interested is invited to attend these talks and to participate in the discussions. Notices will be placed in the law school and in Opinion as to dates of Law Forum and locations. Some faculty have expressed an interest in making presentations this semester and next and the Forum is anxious to have students present talks or papers. These could, for example, be based on work done in seminars, independent studies or graduate courses. If any student is interested in making a presentation, he or she is asked to call Steve Krason at 636-2199 or leave a notice for same, with a phone number, on the student notice bulletin board, 3rd floor O'Brian. From the Stocks Legal Research Is Fun! available to everyone. And I see it as the library's responsibility to provide as many options as possible whereby its constituency can learn its way around legal materials. We will give tours orf demand. We have self-instructional slide-tape programs. We have library guides and handouts. And librarians are willing to help with any problem in the library. A new venture this fall will be the six classes on legal research to be given to each of the first year sections as part of the Research and Writing Course. Hopefully, this will be an improvement over last January's disaster in the Moot Court Room. The classes will be brief with no assignments. Specific legal tools and systematic approaches to legal research will be presented. The schedule for the classes follows: One of the least popular topics of discussion in any law school across the country is undoubtedly that of legal research and writing. Who should teach it and how it should be taught are subject to controversy mainly because no SECTION I Tuesdays 11:30 one wants to take 'the a.m. Room 108 responsibility for a supposedly Sept. 19, 26, Oct. boring and tedious subject. 10,17,24,31 Faculty members treat it as the SECTION II Mondays 3:30 kiss of death and it's no wonder p.m. Room 108 students come to dread the very Sept. 18, 25, Oct. words "library" and "Legal 9,16,23,30 research." SECTION 111 Thursdays 3:30 Room 106 p.m. hear over and over that legal I Sept. 21, (Tues., research is something one has to Sept. 26 in Room learn by doing it on one's own. 108), It's true. But what's unfortunate Oct. 5, Oct. 12,19, is that that's as far as the advice Nov.2 goes. No one seems to impress As always, the library remains upon freshmen how important and even fun (yes, fun!) the open to suggestions that will improve its services to the law mechanics of legal research are. As an independent learner who school community. Please feed hated restrictive classrooms, I am back!! Karen Spencer concerned that alternatives be — — — - - - �Short Relief The Hottest Rivalry Going by Maria Colavito patent on the. Piniella (when not wrestling with Al phonse-Gaston mid-field Ihis manager) and Reggie Jackson collision but several Yankee (when not searching for someone players now seem to have to understand his complex and overcome their desire to run into isensitive nature) have improved one another on routine infield their fielding abilities and have flies. begun to resemble graceful The second big advantage the outfielders (although I hope Roy Yankees will take into Fenway White will get some playing time with them is a pitching staff in Boston he has much more which has finally come into its finesse handling the Green own. Even in the absence of Don Monster than Piniella could hope Gullett, consistent, effective to acquire this season). pitching has been the key in bringing the Yankees from 1414 As much as we Yankee fans games back to a position of would like to believe New York contention. It is one of the oldest could sustain a 25 game win axioms in baseball that depth in streak, the truth of the matter is your pitching staff is the key to that it is not likely to happen. winning in the stretch and the Because the Red Sox do not often Xankees' recent performance lose and because the Yankees have bears this out. Early in the season failed to capitalize on several Red there were cries the Yankees had Sox losses over the past few too much pitching but by weeks, the seven games in mid-May Billy' Martin was being September will be the key to the forced to start relatively'untested division championship. Hopefully, rookies in crucial series.. Bob the playoff tickets Boston has •• w^^^mmmmm^^mtmmmmi ■ ■ ■ Lemon is lucky enough in no already had printed will spend a adding courses invaded the registrar's office Students and dropping longer having to operate under long, lonely winter in a Boston during the first week of classes. However, most students seemed to this handicap. warehouse. remain calm during this schedule fine-tuning. Ron Guidry, who has been season, superb all should have the Cy Young award wrapped up already. Although Dennis Eckersley and. )im Palmer have also been pitching well, Guidry deserves the award if only for Monday morning, thealarm clocks ring. He says his field is the rudiments of litigation, acquired a . — All of us are familiar with disclaimers when you think you might have trouble with a product you can try to skirt the issue by excusing yourself beforehand. Having had a healthy dose of such reasoning in Contracts, Commercial Transactions, et. al., I feel compelled at this point to issue a disclaimer of my own I am a diehard New York Yankee fan. In my mind the Yankees have always been the only team playing baseball (even in the doldrum years when this seemed like the best kept secret in the Bronx). But since baseball is an opposition sport I have learned to accept the necessity of having other teams Play.;, Other teams, that is, except the one from Boston. As all true Yankee fans know, any deep affection for the team from New York is bound to be accompanied by a comparable distaste for the Boston Red Sox. Individually, I can appreciate several Boston Yastrzemski for his players class, Evans for his arm, Rice for his batting instinct. But these virtues are more than offset by such things as Carlton Fisk's megalomania and Bill Lee's complete refusal to come to grips .keeping the Yankees within And I listen but hear no birds sing. I get the feeling it's really aggravation. with reality. hollering'distance during a couple The sky is dark with clouds overhead, But he just gives a leetore & I'm "pleased as punch," In any case, the upshot of all of summer months when their very fitting It seems to crawl back to bed. Now I'll be calm enough to keep down my lunch. this is that obviously such strong performance' could have been the • for two teams characterized as at best. in feelings erratic The torts mimeo, has yet to arrive. midst of a pennant race (that will Catfish' "Hunter, having But I can't do that —we allknow why: And without it a lesson in torts just won 7 live. upon cry. hot Law School's me & too old to I'm tjy rejuvenated still be the lime been* By hopefully a^XJiatently So Schlegel tells us that Lindgren won't he in, you read thisj^ witf undoubtedly- Br: Cowfeh'iwlfo^e baTt!%;c6nift So I rise from'bed & hope for the best. "Things are going well, " I say with a grin. color what I have to say. I'm not probably also got a shot in the One thing f'sure, there can't be a test! making any apologies, just arm from "feeorge Steinbrenner), forewarning any readers so that pitched incredibly during the Using my fingers I prop open my eyes, So far things aren 't bad at all, Opinion will not be barraged wKh month of August with a 6-1 Maybe Ihaven't been forced to grovel or crawl, a shower will make'me wily & wise. irate letters from the handful of record and an ERA below 1.7/ But all it does is leave me all wet,. Or hidebehind a book or stand up in fright, Boston fans who may be around Even his last loss to Seattle, surely Maybe everything really will be alright. 'm ready go, to but not set. I (though at least one of them, the largely attributable to the nearly I'm school's most notorious, is total absence of any run All I have left is my course with Konefsky, probably still too exhausted from production from his teammates, If there's someone above looking out for me, my One more to go & then I'II be free. sanity. correcting Taxll exams to write). seemed undeserved. One notable Please help to preserve bagel. my coffee & He seems understanding tells of the ' 'No hassle I pass " So down quickly I It would be hard to exaggerate aspect of Catfish's achievement the importance of the Yankees' throughout August was his success Something in mystomach before I face Schlegel. With this remark the tension breaks over class. seven September games against at limiting the number of walks the Red Sox. Although no doubt and home runs given up. Short andsunglasses I heard people say, And so I get by & scary moments were few. the Yankees would have preferred Traditionally a control pitcher, Maybe it was but it isn 't today. But willI say the same after I finish day two? playing the first four-game series Catfish has always had trouble A suit & tie, and nicely combed hair, And will I survive in this neurotic too? in Yankee Stadium rather than with the gopher ball; but in Where's the Schlegel that's supposed be here. Willyou????? Jo Fenway Park, New York goes into August he seemed to conquer his Boston with two very significant weakness. Dick Tidrow and Ed Figueroa advantages over earlier season visits. The first is after an early can still be counted on to win big season of off-field' "turmoil and games. As the season moves on dissension" the Yankees have even Jim Beattie seems to have I was sure the old fellow would thanks to Larry Ross I pulled away from the side of finally settled down and are just command of a greater variety of the road, glanced at my never make it to the other side of playing, baseball. This was nearly pitches. And although in the late The following are actual quotes mother-in-law, and headed over the road when I struck him. impossible during the months innings of very close games, the when the New York press seemed sight of Sparky Lyle or Rich from accident reports submitted the embankment. The pedestrian had no idea to thrive on team gossip. (Some Gossage can still unnerve many a to various insurance companies by In my attempt to kill a fly, I which direction to run, so I ran people have gone so far as to Yankee fan, Gossage at least has hapless policyholders. drove into a telephone pole. over him. suggest the pressman's walkout proven he can rise to the occasion into the driving Coming forty home, drove had been for I I big when a is called inning for. In The indirect cause of this was not the real reason for the collided, with a years when I fell asleep at the accident was a little guy in a small disappearance of the three biggest the Yankees' last game of the year wrong house and wheel and had the accident. car with a big mouth. New York dailiesjjut that they against Seattle, Gossage came on tree I don'thave. the of the 9th with the in top once died of boredom To avoW hitting the bumper of really I was thrown from my car as it pther car collided with The George Steinbrenner didn't have tying run on third, the go-ahead giving warning of its the car in front, I struck the left the road. I was later found in without mine pedestrian. Billy Martin to kick around run oqisecond and none out. He intentions. a ditch by some stray cows. anymore). In any case, apart from struck out the side on eleven My car was legally parked as it The telephone pole was ■ I thought my window was backed into the other vehicle. wrestling Lou Piniella to the pitches. I was attempting to approaching. aspects other defensive the In down, but found it was up when I ground .when the leftfielder tried swerve out of its way, when it out of to literally kill the first base Yankees are going into Fenway.; put my hand through it. car came An invisible my front end. umpire in Baltimore several weeks Park for the first time this- season nowhere, struck my vehicle and struck stationary with a completely Bucky whole. Dent collided I , has been the Bob Lemon ago, vanished. I was unable to stop in time and epitome of self-discipline, and it's and Mickey Rivers were truck corfling the other way. my car crashed into the other was not told the that I I police apparently rubbed off on his team noticeably absent in several of the road; the vehicle. The driver and passengers I hat, The was all over guy my but on injured, removing Yankees' Boston earlier games in which has really tightened up of times then left immediately for vacation had to swerve a number had fractured fount! that a I I defensively. For a while there it this season and their presence on with injuries. before hit I him. skull. the field should Even help. Lou looked as if the Yankees had — — — ■■■■■ - — Beginnings by Bob Siegel — — "Just Fill Out This Form, Sir" - . ' ' • September HAWK 9WWH 7 �First Year Students Give Mixed Reviews; Housing Shortage Marks Orientation lontinticd from page 1 Donovan, Gene Krauss, and Allan Canfield, viewed orientation as "We're going to have to do a basically a means of physically better job referring students to orienting people with the building possible housing. I don't see the and providing a social forum for law school setting up a housing people to get together. office like the medical school, but "The things that went wrong we would like to come up with an we expected. But I think we alternate solution," Canfield said. succeeded if we steered from Despite the housing shortage, telling them how bad it's going to 200 to 225 members of the class be. They'll determine that for of 263 were present to attend the themselves," Bill Lundquist said. orientation activities. "We didn't want .to stress Reactions to orientation from academic orientation," Lundquist the first year members were said, "because for many of the mixed, ranging from "it was questions, such as what study well-presented and informative," guides to use, there are no specific to "it didn't tell me much of what answers." "The only unfortunate aspect I didn't already know." "I don't think I needed it, but of orientation is that the first year the information meeting with the students will often hear anecdotal section teachers was informative, horror stories which arc often grossly exaggerated by second and and thi1 Dean's speech was a good introduction to legal humor," said third year students," Mary |ay MinUer, a resident of the Lundquist added. Bronx, .md a graduate of SUNY at Debbie Kubiak, a resident of Binghamton. Buffalo and recent graduate from As far as the first week was Cornell, felt the orientation did concerned, Mint/er said, "I'm not not give enough basic information working as hard as I thought I about parking, housing, food and would be, the classes arc very at ID cards. case, and the professors haven't "A lot of the talks we had were picked on anybody as of yet." of little substance," Kubiak said, A different view was voiced by "and the talk by the Dean was too Bill Moran, who graduated from vague. It was like they were game, trying to ÜB. "The professors are pretty playing a good, but Schlegcl's trying to play intimidate you." with our minds. We're at their As to her reaction to the first mercy and we deserve to know week, Kubiak said it was "much more about where we're going," more casual and easygoing than he said. Cornell" which she said was very The Orientation Committee, competitive in comparison. which consisted of Bill and Mary Another opinion was expressed Lundquist, Tony Leavy, ). Ted by Su/anne Harrington, graduate year. of the University of Pittsburgh accomplishment from mastering and a school teacher in Buffalo small sections of material, and I for the past three years. "Having find Halpern and Laufer very gone to other graduate schools, I stimulating as well as demanding," didn't expect it to move so the Pittsburgh native said. She quickly and deeply. I found that also expressed the hope that the expectations of the school future orientations feature more were clearly.laid," she said. interaction between first year and "I like it. I feel a sense of upperclass students. Candidates Talk Issues; Voting Starts Tuesday continued from paye 1 members of SBA to work together. Leavy said, "Among other things that inspired me to run, be somehow involved in any was the fact that there is never decision that will be made. He any notice of any meetings. Then called for a poll or referendum. the SBA claims people are being "Professor Greiner and Dean apathetic. It's not hard they Headrick claim there is not should always print agendas, statistically accurate methods of publish minutes (and display them getting at student opinions and in public places) and advertise say that even if there was, the meetings. I didn't sec these things students would only be voting in their self interest," said Leavy. happening last year." Leavy says as president he will The important question for make sure the publishing of the Leavy, however,, is "whaf is the phone report is placed high on the role of the SBA on this issue and a list of SBA's agenda. He wants the lot of issues? What is the SBA student representatives to doing? Nothing." faculty-student committees Leavy wants the SBA to reach provisionally appointed by the out to students and make use of new president with the advice and their expertise. He thinks the SBA consent of the rest of the board, should be lobbyirrg in Albany for provided it can be done under the financial aid, for having the law by-laws of SBA. "The whole faculty salary schedule separated month of September goes by from the rest of the University without student representation on faculty's salary schedules and for the committees," said Leavy. more money for the law library. Leavy has called Professor Leavy thinks the SBA should Greincr's and Dean Headrick's be taking an active role in assuring answers "unacceptable" in regards more women and minority persons arc members of the student body. He wants the SBA to press for women and minority law professors. Leavy would like to have the SBA more representative of the student body and to be an advocate for students' interests. "No one even knows who the representatives arc. Students should be able to go to the SBA and expect some student support," he said. - .is enough! Once_ t Some things ure better the second lime around taking the bar exam isn't one of them. Take a good look at the Marino Josephson/BRC Course and we .think you will agree that there is no better assurance that you will have to take the New York Bar Exam only once. No other course has our ex/xrience (over thirty years with the New York exam and seven years with .the Multistate Exam), our record (over 30,000 New York attorneys, consistently superior New York passing rates, exceptional Multistate performance), our materials (our Capsule Outlines and Law Summaries prepared by the same people who produce the Sum & Substance of I aw series and annotated and edited by the Marino staff), the lecturers (drawing from Marino's experienced staff of bar exam specialists and BRC's faculty of over ninety outstanding law teachers) or our uniquely effective study program (the Programmed Learning System featuringconstant feedback, pacing and discipline). Manno-josephson/BRC - iiiflH^wiiini"""- BEST OF BOTH WORLDS IUWMHO/M)'.1. 8 Opinion < -.NiK SOt NEW YORK, NEW YORK 10036 212 730 7740 September 14, 197H to hjs questions concerning changes in the grading system. He wants the whole student body to THE FAMILY! LAWYER by Will Bfm.itd -. .— "It Takes Two" Some years ago a certain Mr. and Mrs. Miller were arrested on a charge of conspiracy to bum down their neighbor's house. The evidence was clear that they had indeed hatched such a plot. Yet the court decided they could not be convicted. "It takes two" to make a conspiracy, said the court, and in the eyes of the law a husband and wife are considered only one person. For centuries this was the rule of the common law, based on the doctrine that a woman's legal identity merged into that of her husband when they got married. But in recent years, most courts have had no difficulty in seeing husband and wife as separate individuals, fully capable of forming a conspiratorial twosome. One judge spoke of "overwhelming evidence that one plus one adds up to two." Thus, in a more recent case, another couple were found guilty of conspiring to sell narcotics. Said the court: "Each has a distinct personality and a will which is not destroyed by any process of spousal fusion. Women should not lose their identity—or their responsibility— when they become wives." Another ancient rule now in retreat is that a woman who commits a crime in the presence of her husband may be presumed to have been acting under his coercion. This was the defense invoked recently by a woman accused of driving through a red light. She claimed that since her husband had been sitting next to her at the time, she was presumed to have been under his control. But the court found the argument obsolete and the woman guilty. Noting that "a wife is no longer a marionette, moved at will by the husband," the court said: "Where the reason for a rule fails, the rule itself fails." A public service feature of the New York Slate Bar Association and the American Bar Association. © 1977 American Bar Association Test Tube Case Reviewed continued frompage / addition, the defense sought to prove that given the state of the art five years ago, the chances of the procedure succeeding were almost nil. The most severe blows to the plaintiffs' case came during cross-examination by John ). Bower, attorney for Columbia University. Bower espoused several important differences between the Shcttles procedure and that followed in the successful English pregnancy. Among them was the fact that Mr. Del Zio had personally transported the test tube containing the eggs to Columbia Presbyterian in a taxi, while the correct procedure (as stated in articles written by Dr. Shettles himself) was to immediately place the test tube containing the eggs in an incubator at 98.6 degrees. When Bower confronted Shettles with this fact on cross, Shettles claimed that the test tube would have reached 98.6 degrees since Mr. Del Zio carried it in his hand and his body temperature was about 98.6. Bower also introduced inconsistent statements by both Sweeney and Shettles. He thereby cast doubt on the faith which the two men had in the outcome of their own procedure. The jury returned a verdict in favpr of the Del Zios. Mrs. Del Zio was awarded $50,000, and Mr. Del Zio $3. The Del Zios immediately claimed victory, notonly for themselves, but for all those women who desire the same procedure. However, in view of the fact that the Del Zios -originally sued for $1.5 million, their victory is not so clear. The verdict might equally be viewed as a victory for the defense in overcoming the tremendous pre-trial sympathy for Mrs. Del Zio and the impact of the English , birth. It remains to be seen whether the verdict for the Del Zios will stand. Upon hearing the jury's verdict, the attorneys for the defendants motioned for judgment notwithstanding the verdict. Judge Stewart reserved decision on the motions. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-09-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/14/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b01b0747131101e26de725f4b1d9e5fc.pdf 2f6c03cbb4500357a50e1ade4002d947 PDF Text Text Nori-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 2 Opinion State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 September 28,1978 Minority Admissions Drop; School's Effort in Question by Jay Marlin Editor's Note: This is the first of a two-part series dealing with minority admissions and the legal methodprogram. of first year law students, with the number of black students representing 2.3 per cent of the total first year class. For all three classes in the law school, the figures show out of a total student population of 750, there are 39 minority students (5.2 per cent), of which 24 (3.2 per cent) are black students. "There is no question the admissions committee cut down on the numbers accepted, because we weren't getting the quality of student we wanted," said Charles Wallin, registrar, associate dean and permanent member of the admissions committee. Headrick agreed with Wallin's assessment. "People either dropped out quickly or hung on barely. The attrition rate was extremely high, and a very high price was paid personally by those people. We don't want that to happen again," he said. Since that time the number of minority students has remained fairly stable, with the period 1975-1977 showing an average of 14 minority students enrolled per year. "Looking at the results, it's not a sincere effort to increase the number of enrolled black students, and that insincerity begins right at the top," Jerry McGrier, president of Black American Law Students Association (BALSA). "They're just wrong. If there was a way to do it we would, but we're doing a good job, given the constraints that we operate under," Dean Thomas Headrick. Despite a stepped up recruiting effort over the past year, the number of minority students enrolled has dropped to half of what it was five years ago. Opinions vary sharply among the top administrators of the law school and students involved as to the reasons for the low figures, the efficacy of the law school's efforts and alternative approaches in trying to increase the number of minority students. Of particular concern to (the students and some of the administrators is the declining number of black students directly challenging the administration's sincerity in seeking more black students. The number of minority students admitted into the law school has dropped dramatically since the early 19705. In 1973, out of a first year class of 322, there were 38 minority students, followed in 1974 by a class of 296 students, in which 16 minority BALSA President Jerry McGrier students were enrolled. On August 28th, 262 students began their first year at UB law school. Included in that total were 17 minority students, of whom six were black. The 17 students represented by Mike Buskus 6.5 per cent of the total number The Registrar's office has recently compiled a breakdown of the distribution of H's by frequency of occurrence for the Class of 1978. That list (reprinted in table) is now furnished to — — "We've gone from the stage of accepting a lot of students to when we didn't accept as many, and now we're trying.to stablilize that figure," said Allan Canfield, assistant dean and administrator responsible for recruitment of minority students. "The number of minority students here is very low, and what we've been trying to do is to better the recruitment," said Canfield, who noted during this past year out of 192 minority applicants, 54 were accepted, but only 17 actually enrolled. The problems cited by Canfield and others range from Buffalo's geographic position, the lack of money available for recruitment, a lack of financial assistance and a lack of public relations on the part of the university to publicize the law school. William Greiner, associate dean and chairman of the admissions committee, views the problem of attracting more minority students as part of a greater law school Newly Elected First Year Directors: Ito r: Michael Rosenthal, Davis Guy, Jay Marlin, Jay Mintzer Leavy Wins Bid For Presidency by Paul Bumbalo Tony Leavy, a second-year student, was elected president of the Student Bar Association last week by capturing 50 per cent of the vote in a three-way race. Leavy defeated Claude Joerg and Madeline Bernstein for the position vacated last spring by Andrew Cosentino. problem. Former first-year director J. "Given the pool of applicants Ted Donovan became the SBA's we get, I am satisfied with what new secretary by receiving more we're doing, but I'm not happy than the necessary one-third of with the applicant pool, which is the votes cast. Running weak. I think the problem with unopposed, Donovan won the the pool of minority students is post he lost last spring to Rich the same problem with that of the Bedor. Bedor resigned this fall to majority of students, and that is create the vacancy. that this law school is the best In addition, Sherman Kerner kept secret in the state of New and Debbie Humphrey were York," Greiner said. elected as second-year directors to "Lots of people think Buffalo fill vacancies created by is a terrible place and they will go resignations. Former secretary to Albany and Syracuse. We have Bedor lost in the close three-way no public relations because most race. of the money around here goes Six first-year directors were into the building program, and also elected. They are David Guy, there is a reluctance on the part of Jay Marlin, Jay Mintzer, Michael continued on page 4 Rosenthal, Michelle Silver and - Grades: Are We Being Ranked; Will Employers Take the "Q"? Dean Thomas Headrick employers requesting explanation of Honors grades. Wallin declined to interpret the chart, believing it to be self-explanatory. He insisted, however, that it does not actually rank persons, but rather only gives a person a realtive approximation of where he or she is in class, based on the number of honors grades received. In a related development, Dean Headrick has revealed that a new policy statement will soon be attached to transcripts. Last spring the Academic Policy and Program Committee (APPC) approved the general idea of furnishing employers with a more complete explanation of our grading system. Dean Headrick drafted a proposed letter, which was submitted to the faculty this summer for consideration as a committee of the whole. Apparently this letter has not generated substantial comment or opposition. The explanatory letter is scheduled to be circulated with transcripts sent out after October 1, 1978, unless the Dean receives objection from the Faculty. Although the precise contents of the letter were not available at press time, the following is known to be covered in the letter: there is an indication of what the historical distribution of grades has been in the separate categories of H, Q, D and F. Wallin and Dean Headrick compiled.the data which formed the basis of this letter. When asked about the prospects of this letter of explanation being incorporated in official transcripts by the October 1 target date, Dean Headrick replied that there was a "high likelihood" that this proposal would be implemented as scheduled. — continued on page 3 Leslie Wolfe. Three positions remained unfilled after the election because of a plague of resignations and a lack of candidates with, valid petitions. The posts of SBA treasurer and two third-year directors remained unoccupied. About half the student body, 373 students, participated in the election. Although "write-in" ballots are permitted by the SBA constitution, two write-in candidates for treasurer were unable to secure the one-third plurality necessary to win. Of the 373 ballots cast, 225 left blank the space for the write-in treasurer vote. Many of those who did write in a candidate voted not for fellow students, but for others like Professors Schlegel, Konefsky and Mann. According to Leavy, his victory was due to his taking a stand on the issues. By focusing his campaign on the issues, he said, citing his letter to the editor in the September 14 issue of Opinion, he showed his willingness to take charge and tackle problems. Leavy said he wants to dispel the notion that the only thing the SBA does is to hold elections. "There are so many things that need to be done," the new president said. "There are internal organizational problems, selection of students for faculty-student committees in addition to problems like fee waivers." "We have to get the SBA functioning again," said second-year director Kerner. First-year director David Guy reflected the enthusiasm of the newly elected officers by declaring, "We have to get directly involved." Leavy said he would decide shortly whether to hold another election to fill the three remaining vacancies or fill them in some other manner. �Vol. 19, No. 2 September 28,1978 Letters To The Editor heavy Thanks Voters and Plans Ahead Editor-in-Chief Jason Poliner To the Editor: Managing Editor Randi Chavis I want to take this opportunity to thank all the people who voted Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Steve Blumberg, Bill Brooks, Mike Buskus, Maria Colavito, Carol Gardner, Jay Marlin. Contributors: Paul Bumbalo, Lee Day, John Gruber, Dennis Harkawik, Jim Maloy, Alan Nadel, Melanie Pierson, Jean Powers, Steve Silverstein. Copyright 1978, Opinion, SBA. Any rcpublication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo for me in this Presidential election. Their vote of confidence and mandate is greatly appreciated. I want to especially thank Stu Haimowitz, who was a great help in my election. He was always there when I needed some extra help. Gladys LaForge also deserves special thanks. As Election Committee Chairman she did an excellent job by running a reorganized, appoint student members to the faculty/student committees, be active in any they were run. No one can grading change, increase our criticize this election. Gladys, efforts to attract minority students and faculty, start our thank you. SBA has a lot to do and, with lobby campaign, etc. I cannot the help of the rest of the Board accomplish these things by and the whole student body, we myself. They need the help of all can accomplish a great deal. I ran our students and I will be calling for election on issues and now, on students to help. Together we that I have been elected President, can do a great deal. Again, everyone, thank you I want to do something about these issues and get the SBA very much. moving again. This is what we Tony Leavy have to do: get the SBA very fair election. Past elections were open to criticism for the way Bissell Pledges Fair Representation keeping a close account of monies that are being spent. If I am elected treasurer, I intend to fulfill this responsibility. In the past I have served as a first year director on the SBA (1977-78). as a student representative to the UB Law School Academic Policy and Planning committee. on the Distinguished To the Editor: Visitors' Forum, a committee that is responsible for bringing speakers to the Law School. as a job analyst fsr the city of Louisville, Ky., a position in which I was responsible for helping administer that part of Louisville's budget that provided wages for municipal employees. as a student representative to the Minority Student Program committee. I have been concerned with insuring fair representation in government for all people. While I worked for the city of Louisville, I helped design the city's affirmative action hiring plan. Last semester, while at the Law School, I circulated a petition that was signed by law students and presented to the SBA protesting the unfair election practices campaigning near the polls; closing the ..polls during hours, pf voting that had been engaged in the elections in the spring of this year. The result of my work is evident in this year's elections. The SBA Election committee issued election rules to each candidate, and it has taken steps to insure that the polls will be open during thehours posted. If I am elected, I will bring this concern for representative government to the SBA. I will bring also, to the position of treasurer, the experience I have with administrating a budget. I urge you to write my name in for SBA treasurer. I would like to ask you to write my name in for the position of SBA treasurer. I am interested in this position in student government because I am concerned about the- past misuses to which your student monies have been put. In large part, the Minority enrollment at the law school has fallen to embarrassing SBA treasurer is responsible for and inexcusable depths. The exact reasons for this travesty remain, at best, amorphous. The importance of a fully developed minority recruitment program cannot be overstated. To responsibly review this program's performance we must select a reliable criterion. The only means of accurately assessing the program's success is to look at results. Sincerity, good intentions and good faith efforts cannot represent the ends to which a recruiting committee strives. It can only To the Editor: be among the means employed to effectuate the ends: an increase in Thanks to the people who is appreciated. the minority enrollment at this law school. wrote No one was elected SBA in my name for SBA The only conclusion to be drawn from the absence of such an increase is that the minority recruitment program has failed miserably. Treasurer. The vote of confidence Treasurer and a run offelection is now necessary. I ask your support The number of minority students admitted into law school has in this new election. My dropped appreciably since the early 19705. qualifications; This year's first year class of 262 consists of six black students. To this we must add 11 non-black minority students to arrive at the grand Treasurer of my Social total of 17 minority enrollments. Fraternity Ist & 2nd year of college. We are not suggesting that the administration is idly standing by Financial Director of the and watching minority admissions plummet into oblivion. This would Opinion heartily welcomes Buffalo Jaycees be both unfair and inaccurate. 1976 & 1977 contributions to the editorial Certified Public Accountant The administration is comprised of several talented individuals; page. Express your opinion on State of New York individuals who are in a position to effect change. When a number of matters concerning you, youf such people unite for the purpose of effectuating a common end, only Six years of work experience as fellow students and the legal an Auditor results can accurately reflect performance. community at large. The amount of energy and hard work is incapable of evaluation by 2nd year Law Student, Graduate of Section No. 3. those outside the administration. The larger class of students, faculty Letters should be typed, 70 and the community cannot witness the day to day efforts and characters to a line, double The SBA Treasurer is consequently can only judge performance on the basis of spaced and submitted to the for safeguarding over responsible accomplishments. Opinion office, room 623. $25,000 of your money. The In addition, it seems contrary to the survival of such a program to Letters must be signed, though office needs a professional. have a faculty as homogeneous as ours. The minority voice would names will be withheld upon clearly be better represented if qualified minority professors were request. Letters should be Tony Cardarelli CharmaineBissell added to the now "lily-white" faculty. concise and will be printed This homogeneity at the faculty level tends, inevitably, to breed an according to space limitations. equally homogeneous student body. The beginning of a viable minority recruitment program must begin at the faculty and administrative level. Announcements and Various reasons are suggested for the low minority enrollment organizational news are also "Under carefully controlled conditions, figures, such as the law school's geographic location, the University's welcomed. The same typing humans behave as they damned well please. " failure to publicize the law school, and a reluctance on the part of the and deadline requirements Harvard Law of Behavior State to publicize for fear of offending the private law schools at apply. Albany and Syracuse. Reasons merely serve to justify the figures and are not sufficient. The administration continues with each passing year to outline the fc'oot> ,'v4 (=°~ various new proposals designed to resolve these problems. The numbers THIN6«. OML y PftN(C seem to indicate that they have been continually failing. Oft e b^y flTr, T^4 r»^^S Their efforts appear to be increasing. While only visiting six or seven schools last year for the purpose of recruiting, they plan to visit 10 or 11 schools this year. For this they must truly be praised. However, if the University and the State refuse to turn a sympathetic ear then perhaps the only way to deal with this problem is internally. Perhaps the students of this law school have to make their ethics clear. The administration is comprised of many sincere and dedicated individuals who would be receptive to a resounding call from the student body to improve the minority recruitment program. And among those many voices perhaps there will even be a suggestion or — — — Editorial Lily-White Isn't Right — — Cardarelli's Position: Office Needs Professional ...... Contributions Welcome . are':'1' - - - — — Quote of the Bi-Week — « \ two. We implore the members of the SBA as the formal voice of the student body to place among their top priorities the improvement of minority representation at the faculty and student levels. To those students who do not wish to use the SBA as their effective voice use your own. • — Opinion 2 September 28,1978 **** • , , V �A Worthwhile Experience Grades for Class Competing For Moot Court by Steve Blumberg experience was worthwhile. "I think it was worthwhile The annual Charles S. because I learned research Desmond Moot Court techniques and overcame the Competition, which serves as the jitters of making oral arguments," basis for selection to the Moot Cashmore said. "It gave me a Court Board, will get underway jump on the research and writing next Thursday with the course to be taken in the second distribution of this year's semester," he added. The problem. The competition will preparation involved between the culminate in November with final date of the argument problem is oral arguments before a panel of handed out (October 5) and the distinguished judges. commencement of the first Among the judges who already preliminary oral round (November have agreed to come are U.S. 14), "involves a substantial time District Judge John T. Curtin of commitment," Cashmore said. the Western District of New York, The preliminary oral rounds, to three current Judges of the New be argued on November 14, 15 York Court of Appeals and and 16 in the Moot Court, will be Charles S. Desmond, UB Law judged by local attorneys, faculty School alumnus and former Chief and possibly some New York City Judge of the New York Court of attorneys. The reason President of Appeals, for whom the the Alumni Association Everett competition was named. M. Barlow is trying to attract "Big The top 20 performers in last Apple" attorneys is to give the year's competition, four of whom law school added exposure to were freshmen, were selected for New York City law firms. membership to the Moot Court In regard to Manhattan law Board. Tim Cashmore, one of the firms, Cashmore said, "If we show freshman to be chosen, thinks the them the quality of our moot court competitors, which would hopefully be good, this would help the Placement Office." "Most employers look tor evidence of written expression ability in addition to thinking ability," Cashmore said. "Oral expression, which is valuable for litigation, is best obtained in Moot Court. There's no better place to get it." Cashmore also pointed out, "Writing samples are sometimes required by potential employers." A theoretical maximum of five people will become instantly distinguished at the conclusion of the competition. One award will go to the best team, another award to the best individual oralist and the last award will be bestowed upon the team with the best brief. Once the Moot Court Board has been formed, teams of two or three board members will take about one trip each to various competitions in the northeast. The serious competitors aim for the National Moot Court Competition, held in New York City around January. "The Nationals are the biggie," Cashmore said. "They are sponsored by the Association of the Bar of the City of New York. Before reaching the nationals, you must be victorious at the Code and Cases), Trade Regionals in Boston," Cashmore Regulation Library (Federal Trade explained. Commission Decisions and Cases) Getting back to the Desmond and the New York Library. Competition, the problem to be Then the student 2. types in argued was devised by five words that he or she thinks may members of the Moot Court appear in a case or in a state code. Board. The problem is designed to The computer will then print appeal to both plaintiff and out all the citations for cases in , .":„ ~, . ; defendant.^ which the word appears in that "The problem is hopefully library and file. equal numbers LEXIS won't replace structured so that traditional research and that is the of teams will desire to argue each "Regardless, reason why the system will not be side," Cashmore said. taught to first year students until each team will argue the other after they have become proficient side one out of three nights," he added, referring to the three at traditional research methods. year Second and third students nights of preliminary oral rounds. Prior to the preliminary oral will be taught in special classes. rounds, there will be practice The classes will introduce the students to the keyboard and rounds which don't count. These instruct them in Boolian logic (a practice rounds will be judged by logical system which uses the Moot Court Board. There will be an open house in "and/or" and "but/not" analysis). The LEXIS computer terminal the Moot Court Lounge on will be located on the fifth floor September 28 from 2 to 5 p.m. of the library in the audio-visual The lounge is in Room 8 in the department. Some, procedures will basement hallway behind the be established for use by students Moot Court Room. Board and, faculty members. Anyone members will be available to using the computer will have to answer questions. Coffee and donuts will be served. have a valid I.D. card. LEXIS Brings Law School Computerized Research by Carol Gardner LEXIS is coming! No, it's not a new disease, movie monster, rock band or law professor. Lexis is a computer-assisted legal research service to be leased from the Mead Data Control, a subsidiary of the Mead Corporation, by SUNY for the law library probably beginning sometime this semester. According to Associate Law Librarian Kathy Carrick, who wrote a justification for leasing the service in the spring of 1978, the service will be of great benefit to the students in broadening their research skills and of great benefit to the library by rounding out the library's collections of lower state court opinions as well as some special federal collections. Professor Wade Newhouse, Law Librarian, said, "We're pleased that through the cooperation of the Director of University Libraries, Mr. Saktidas Roy, that we were able to add LEXIS to the library sources. We're confident that it will not only prove valuable in adding a new dimension to .the instructional program for the students, but that it will also provide a number of the fac.ulty a useful research tool." He emphasised it was the result of the cooperation between Mr. Roy and Dean Headrick that the full financing of the venture was achieved. "It took special effort and an understanding on the Director's part of the law school's needs and sympathy for filling these needs," he said. The Council of SUNY is expected to approve the contract soon and the librarians hope the computer will soon be in service. LEXIS, once installed, will work this way: 1. The student selects the names of the library and file he or she wants to search. Examples of the libraries include Hhe General Chesterfield Smith Federal Library (United States ., available 5 19 25 17 - 25 24 18 19 21 19 11 15 16 7 7 6 6 2 3 1 1 0 0 119 59 30 27 9 10 4 2 0 1 0 0 0 0 0 0 0 at students students students students students students students students students students students students students students students students students students students student student student student this time. had had had had had had had had had had had had had had had had had had had had had had had students had students had students had students had students had students had students had students had students had student had students had students had students had students had students had students had students had 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Ha H Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs 0 Ds, 1 D , 2 Ds, 3 Ds, 4 Ds, 5 Ds, 6 Ds, 7 Ds, 8 Ds, 9 Ds, 10 Ds, 11 Ds, 12 Ds, 13 Ds, 14 Ds, 15 Ds, 16 Ds, . 0 ■ - = 19 50 51 ■ » • *■ - ■ ■ • »" 100 120 108 133 168 171 110 165 192 91 98 90 96 34 ■ •» = 19 20 0 0 « • ■ , F«, F Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, ' -• 54 ■ 1889 or or or or or or or or or or or or or or or or or Hs earned by 261 students - Us = Us Us Us Us Us Us Us Us Us Us Us Us Us Us Us = = u " ■ = ■ = ■ « ■ ■ ■ » •» 0 59 60 81 36 50 24 14 0 9 0 0 0 0 0 0 0 333 Ds earned by 261 students Grade Explanations Available To Employers - continued Irom page 1 Crosby and According to Helen Linda Nadbrzuch in the Office of Admissions and Records, the following explanatory material is printed on all transcripts: "H: Honors, superior work; Q: Qualified, satisfactory performance; 0: Marginal credit; F: Failure, no credit, below minimum levels of acceptance; S: credit special |Law Review, Moot Court, BLP, clerkships|." Nothing whatsoever about rank in class is mentioned on the transcript. Registrar Charles Wallin explained the official reluctance to engage in. the ranking process: "Our whole grading system and our whole philosophy prohibits ranking." Wallin stated that the only official policy relating to grades is the custom of bestowing the "cum laude" accolade upon graduating seniors with more than 50% H hours minus D hours. Wallin expressed the view that UB To Host ABA Public Interest Law Conference The Bar Association of Erie County together with the State University of New York at Buffalo School of Law wilt host the American Bar Association sponsored Model Public Interest Law Conference. The Conference will be held on September 29th and 30th. The purpose of the Conference is to provide a dialogue among members of the bar, judiciary, academia, government, business and the public as to how the needs of the public may best be served by, the legal profession. One major goal of the Conference is to encourage private practitioners to become involved in public interest law as a part of their practices. Additionally, the of 1978 Figures are based on 261 student record cards which were Erie County Bar Association plans to organize a public interest law firm in Buffalo. The list of Conference participants include U.S. Senator Jacob Javits, Former U.S. Attorney General Ramsey Clark, Chesterfield Smith, Past President of the American Bar Association, Rev. Geno Baroni, Assistant Secretary Department of Housing and Urban Development, and Thomas Ehrlich, President Legal Services Corporation. Co-sponsors of the Conference include the New York State Bar Association, the Monroe County Bar Association, and the Onondaga County Bar , Association. . it is in the best interest of the majority of students not to have a ranking system. Furthermore, he opined that the existing grading system without ranking was adopted largely as a result of student initiative, having been urged upon the faculty several years ago as a reaction against the numerical system with decimal point precision ranking. Wallin contrasted Buffalo's grading system with the mechanism used at Columbia, which has four separate grades above the level of unsatisfactory. Wallin concluded that such stratification fails to help the majority of the class that is not in the uppermost tier. The present grading system has been of considerable concern to second and third year students searching for jobs. They are frequently confronted with demands from prospective employers for an applicant's rank in class. This la,w school, however, has an. official policy of not ranking students. Nevertheless, some law firms and government agencies that post notices of openings with the law school's placement office limit their interviews to the "top 10%" of the class. Without a ranking system, it is impossible for students to know precisely what their position in class is. Similarly, students who estimate their rank on their resumes may be unable to document such claims. Action currently pending by the Administration may remove some of that ambiguity regarding the grading system. If the Administration proceeds to plan, prospective employers will receive additional clarifying information beyond the official transcript of grades. according September 28,1978 Opinion 3 �Priority of Minority Enrollment Called Into Question continued from page 1 the state to publicize the law school for fear of offending the private law schools at Albany and Syracuse;" he said. Canfield agreed Buffalo's bad image definitely plays a role in making it difficult to attract more minority students. In a survey by Canfield's office of people who took the LSAT in New York State last year, it was revealed the major objections to Buffalo were its location and climate. "This is a first rate institution, but our image problem is important," Canfield said. The need to recruit was a recurring theme among those interviewed. "What we could do better," Headrick said, "is to offer more . being sent to all pre-law advisors in the Northeast; a minority conference will be staged by the law school in New York City with 40 to 50 schools invited, and the law school will participate in a minority conference at Cornell. Also, according to Greiner, a with Assemblyman Arthur Eve has been scheduled for later this month to discuss increasing the number of minority students at the law school. "If we work hard," Greiner said, "the minority students pool will have to go up like the majority students pool." This view is not completely shared by McGrier, Pat Armstrong, vice-president of BALSA, or Wayne Alexander, co-chairman of the Asian-Puerto meeting "We recognize the minority student doesn't come close to the LSAT score of the majority students... we're not going to find many with 600 LSAT scores; Harvard and Yale's got all of them... " Charles Wallin admissions. I'd expect then that we would get the same return rate, but from a larger number of students." BALSA president McGrier agreed with this portion of the dean's assessment, but here too there was some disagreement. "Too much burden is put on the students for minority recruitment. We are full-time students and I don't think once again the administration has a serious commitment to this accepted task," McGrier said. "We've never recruited for any students. We need to start recruiting in general, and for minorities in particular. Last year, we visited six to seven schools, and the number of minority applications was up," Canfield said. "What is needed is to increase the size of the applicant pool, so students don't come out of here cut out of one type of cloth," he added. Canfield will visit 10 to 12 schools this year. In addition, information on the law school is Rican Law Student Association. "There is no consistency among the administration towards minority admissions, but there are plenty of differences of opinions," Alexander said, who added decisions seemed to be made on an ad hoc basis. Alexander said it seemed to him the law school was looking for students with 650 LSAT scores and 3.6 GPA's, which he viewed as unrealistic since BALSA V.P. Pat Armstrong students with those scores were going to Columbia, Harvard, or NYU. "They say 'Heh, you should be happy there are 17 minority students,' but they don't say there are only six black students," said Armstrong, who served on the admissions committee last year. Of her experience on the admissions committee, Armstrong said, "I'm fed up. After all of our work, what came out of it was nothing. We had chosen 10 people who we thought should come here, and those selections were vetoed by Greiner and Wallin. tye followed the procedures, and then they did the opposite." "Affirmative action is only on paper. I don't see any overt action to recruit black students, by looking at the numbers that have enrolled. Minority means to them everybody not white and I think a distinction has to be- made to really recruit black students," McGrier said. The opposite view was taken by the dean, who countered, "I don't distinguish between black students and other minorities. I don't see any reason to single them out." Relations with the Dean seemed to be a sore spot with McGrier and Armstrong. They said the only time they got to see the Dean was after "incidents." "The Dean has never come to us," Armstrong said, "we always deal through Canfield, and he is sincere, but he can't do anything." The black students suggested a key element to increasing the number of black students would benhe appohrWWW df^WJiek dean, and minority faculty members of which there are none. According to McGrier there is a serious effort underway to hire a black professor, however. "I'd like to see appointed a black dean to specifically recruit minority students; the white administrators no matter how sincere just cannot relate to the problems of black students," McGrier said. Again, Headrick took a hard, and I don't detect any insensitiveness there." The problem of visibility was also raised by Canfield, who said, "We've had faculty members in the past who felt some need to work with the minority students, and now they're gone, and since we don't have a single minority faculty member, we have a real visibility problem." The Supreme Court decision on Bakke should have very little effect on the admissions process at the law school according to Greiner, who said, "We are square with Bakke. Bakke said race can be a factor. We know minority students are underrepresented in the legal profession, and that is why we use the discretionary power to admit such students." This was confirmed by Wallin, who said it would be "almost impossible" to have any minority students if they weren't given "somewhat preferential" treatment in the minority category. Wallin cited a much lower LSAT score, and a lower GPA score as the reasons for the necessity of having the somewhat preferential treatment. "Affirmative action • • • Contact: Ted Firetog 836-6291 See your PU campusrep or write or telephone: any overt action to recruit black students..." Jerry McGreir "We recognize the minority student doesn't come close to the LSAT score of the majority students. Whatever the reasons, it's there; we're not going to find many blacks ,or Puerto Ricans with 600 LSAT scores; Harvard and Yale's got all of them," said the registrar. "We've never have had a target figure. We'd like to have more minority students. Every law school and corporation has this problem and everyone is competing for the best. If you're not going to educate them, how do you get the numbers? We certainly want to do more for minority students, but we can't Practising Law Institute 810 Seventh Avenue "If we work hard, the minority students pool will have to go up like the majority students pool." William . New York, N.Y. 10019 (212)765-5700 - The Practising Low Institute a nor-for-profir educational insrirurion chartered by the Board of Regents of rhe State of New York is the nation's oldest and largest continuing legal education organization. Over 55,000 lawyers hove prepared for the New York Dor Exam with the PU Bar Review Course. — 4 Opinion September 28, 1978 the LSAT score is no problem if you give the students support when they get here, which we do through the legal methods program," he said. The Legal Method program, which is in its third year, is designed to help educationally disadvantaged students, in their first semester by giving them tutorial assistance in Civil Procedure, Torts and Contracts: Criminal Law is deferred until the second year. What does the future hold? From Headrick, "I'd expect the numbers to go up; I would is only on paper. I don't see PRACTISING LAW INSTITUTE L?r —b Practical Law New York Law Practical Preparation for the New York Dar Examination Registrar Charles Wallin Grejner somewhat different view when he foolishly bring them in here and said, "I've heard that story for 10 educate them," he added. The subject of LSAT scores years, and it is partially true. I think a. black dean would be a and their relative merits was good idea. If I had the funds I considered by Canfield, who said, would do so, but the state doesn't "Historically, a lot more white have the funds." students than minority students "However," added Headrick, do well on it." "But, two things are important "I don't think the white administrators are insensitive. I when looking at LSAT scores. can't accept that. The people First, they're a lousy predictor of around here are working very success in faw school, and second hope so." And, if they don't? . "Well, we're constantly re-evaluating the situation." From McGrier, Armstrong and Alexander the view is that more direct efforts on the part of the law school will have to take place if there is to be an increase in the number of minority students. Support from the student body would be important McGrier said. "One thing necessary to better the situation is for an increased desire on the part of the student body to rectify the situation. We need more white students and white organizations concerned." "We just can't do it by ourselves," concluded Armstrong. (Next Program) issue: Legal Environmental Law Bociety Meeting Thursday (9/28) 2:30 Room 406 RESUMES Typeset & Copies COVER LETTERS REPORTS BRIEFS THESES ACCU-TYPE 47 CHRISTINE DRIVE (off Sweet Home 691-7480 Road) Method FEE WAIVERS Student Activity Fee Waiver forms will be available outside the SBA office by Friday, September 28. �resume by Lee Day Of all the things one does to attain that goal of the all-important Job, none strikes more fear into the hear.ts of a job seeker than the Resume. And, it need not be so. There are many people in the Buffalo area who are qualified to help you with your resume and are just waiting for your phone call to be of service jn reducing this bugabear to its proper dimension. Resume services in Buffalo cover a broad spectrum of services offered and facilities , Company vAAA Resume Service 38 Hendricks Boulevard EggertsviMe, N.Y. 14226 'A Executive Search, Inc. Statler Hilton Hotel Buffalo cu Type 47 Christine Drive North Tonawanda, N.Y. ft Wahl, Inc. 1335 Main Street' Buffalo mderson ly-n-ByPreaa !) 2811 Elmwood Avenue Ken more, N.Y. ilaware Letter Shop 1586 Kenmore Avenue Buffalo Easy Graphics 237 Forest Buffalo Avenue Comments I Martin Enterprises 443 Bissonnet Bldg. Bellaire, Texas 77401 Comments Company 828-1590 8:00-4:30 There are nine branches, but all work is sent to main office listed. ■53.00 per page IBM typewriter copy plus $4.70 for 100 copies (plus M-F ales tax). Rough copy is required and no facility for writing. Delivery n 2 days. 855-0115 ■No answer Copy, Inc. 834-4121 Answering Extensive writing services available. No printing available. Copies made Mr. 1578 Clinton Street at Mr. Copy, Inc. $50 for basic counseling plus $6 per page typing Service Cheektowaga, N.Y. charge. 2 days delivery. 34 hours Moore Business Service 855-1811 8:30-5:00 Writing and composing facility available. $35 for one page,$50 for two Ellicott Square Bldg. (includes 26 copies)., , delivery. ,. 2-3 days M-F Buffalo By appoint ment only Paragon Business Services 691-7480 8:30-6:00 Limitedrewrite facility. $10 per page (includes 50 copies). Ready required. 2—3 day delivery. M-F 8:30-3:30 SAT 847-1260 9:00-5:00 Composing and writing service available. $5.00 set-up fee for computer M-F for firstpage of $6.00 for two pages. $.75 for each original letter typed from master copy. Same day delivery. Statler Hilton Hotel Buffalo copy 883-3907 8:15-4:45 Extra charge for writing and composing. $14 per page includes ! M-F copies. Delivery in 24 hours if provided with ready copy. Resume Specialists 304 Depew Avenue 834-7445 Reached answering service. Buffalo .. Resumes, Incorporated 3675 NolandRoad 875-0135 8*30-5:00 Has no writing or rewriting facility. Formats provided. $17 per page ■" Suite 300 Independence, Missouri plus $3.05 for 25 copies or $4.00 for 100 copies. Delivery in four days. M-F 64055 Sanford Rose Assoc. 4455 Transit Road 876-0140 9:00-5:00 Must provide ready copy. No facility for writing. $5 per page composing fee plus $0.95 for 50 copies of first page and $9.00 for M-F Williamsville. N.Y. succeeding pages. Delivery within 48 hours. BOO 821 3 886-0365 9:00-5:00 No facility tor writing. Ready copy required. $10 for first page and TrimbleAssociates 528 Elmwood Avenue $7.50 for second plus $5.00 per page for 50 copies. Delivery within 3 M-F Buffalo to 5 days. 883-2125 Latfco Printing & Copy Centers 835-0101 9:00-5:00 M-F 3171 Main Street Buffalo Latko Printing 1676 Niagara Falls Blvd. Tonawanda, N.Y. and abilities to do the job. Opinion does not imply any one is any better or any worse than any other. Remember, you get what you pay for. Do not expect a printer with limited facilities to be a full-time counseling service. Call them up and ask. They will all be glad to talk to you and discuss your individual needs. Then, think it over and make up your mind. Usually, you will be able to make up your mind after two or three calls. The following businesses are all listed in the Buffalo Yellow Pages. The comments and prices quoted are those of the person contacted. For further information, please contact them directly. -laslimited resources for writing and format. $15 per page typesetting! or $6.00for 50. Delivery in 2 days. charge plus $5.25 for 25 copies University Press 361 Squire Hall Main Street Campus Each client is assigned a specialist and interviewed via WATS line. Xerox copy furnished and final changes made via WATS. Charge is $180 which includes S.I.C. service and cover tetter service. Call for individual quotes. 632-0400 8:30-5:00 M-F and by _ Writinghelp available. $36 for first page only (includes 100 copies) $4; for two pages (includes 100 copies). Delivery in 3 days. appointmer Reached answering service 831-5572 10:00-5:00 Editing M-F help available. Formating, typesetting ft printing 100 copies $18.55 1 page, $30.50 2 pages, $42.45 3 pages. Delivery in 5 working days. 834-7046 9:00-5:30 Has limited facility for writing and format. $12 per page typesetting] Value Management Consultants 838-5121 9:00-5:00 Professionalized services for writing, format, rewriting. Individualized fee plus $3.65 for 25 copies of $4.15 for 50. Delivery in 3 days. 1386 Parker Bldg. M F and resumes. Charge is $150 and copy ready in two weeks. M-F and by by appointTownJTonawenda, N.Y. appointment 800-231 8:30-5:30 A professional search service more editorially oriented to specific needs World Wide Dictation Service -8090 CST of the client. Extensive interviews via WATS line, proof copy provided 3370 DelawareAvenue before printing and must be right before finishing. Call toll free number Kenmore, N.Y. M-F for quotes. - - ment 876-8856 9:00-3:30 Limited facility for writing. $7.00 per page typing. Send out for M-F printing. Same day typing service. appointment only Q ONLY LEFT to register for the BAR/BRI Early Enrollment Discount. Discount ends Oct. 6 (tobrr September 28, 1978 Opinion 5 �Culinary Counsel Quiche: Eggs And Cheese Hold It All Together by Paul Suozzi Two of the most basic ingredients I utilize in cooking are eggs and cheese. It's almost strange to think of them as ingredients since either can be a meal in itself, one high in protein and good tasting too. However, they also form the basis of many recipes, especially when used together. You're probably asking yourself, "Why is he talking about eggs and cheese when this column is supposed to be about quiche?" Well, it just so happens eggs and cheese are two of the main ingredients in quiche. (To those who knew that already, it also gives me some justification for including two non-quiche recipes which use eggs and cheese.) To return to the topic of this column, quiche is a custard made with eggs and milk or cream, usually filled with cheese and another ingredient, and baked in a pastry shell. It is usually the "other" ingredient which ends up getting top billing as in Spinach Quiche or Mushroom Quiche, but it's the eggs, milk and cheese which hold everything together. Quiche can be made in a relatively short period of time and can be served as a main course, side dish or even an hors d'oeuvre. To save time, a frozen pie crust may be used, and I've even seen it dispensed with altogether. (But make a crust. It's not difficultand it tastes much better than the /rozen variety.) The two non-quiche recipes further demonstrate the versatility and goodness of the egg-cheese combination. Both can be "'it together very easily, in no t; ,cat all, and are a delight to the palate. I've included a basic recipe for pie crust (pastry shell). Two of the quiche recipes call for the shell to be partially baked before adding the filling. Th<_,? is a trick to doing this which prevents the shell from puffing up in the oven. Ptace a piece of aluminum foil ~m the unbaked shell to form a lining. Then fill with dried beans orrice, making certain the beans are well distributed and pushed against the sidesof the shell. Bake in an oven for 15 to 20 minutes until lightly brown. Remove from the oven and lift out the foil and beans. Using a pastry brush, coat the shell evenly with a beaten yolk. This seals the crust and prevents its soaking up the custard mixture. Return to the oven for 2 minutes to set the yolk. Pie Shell/ from Judi Francis ' The secret is to have everything cold (the water, shortening and even the bowl). Using your fingers, gently blend the shortening, flour and salt together until the grains are the size of small pebbles. Using a fork, add the water a little at a time until the mixture holds together in a ball. Place the ball between two sheets of waxed paper and roll gently and evenly from the center out, until the dough will cover a 9-inch pie plate. Slowly peel off the paper and place in the plate, forming to the sides and turning up the edges on top. Bake or not as the recipe calls for. However, always make fork holes across the 25-30 minutes or until puffed and entire surface of the unbaked shell brown. before adding the filling, so that the air can escape and the shell Cheese and Mushroom Quiche/ won't puff up. The recipes for Quiche from Loula Barkas Lorraine and Spinach Quiche call pastry for 9-inch pie plate for pre-baked pastry shells. The other two do not. 2 tbls. butter IKi cups th inly sliced Spinach Quiche/ from Charlotte mushrooms and Roger Ross 2 slices bacon, booked, drained and crumbled 2 tblsps. finely chopped 1 cup Swiss cheese, cubed shallots 1 onion, minced 2 tblsps. butter 2 eggs, lightly beaten VA cup chopped, blanched '/2 tsp. nutmeg spinach, well drained 14 tsp. pepper Vi tsp. salt 1 cup heavy cream 1/8 tsp. pepper pinch nutmeg, marjoram and tarragon Preheat oven to 400 degrees. 3 eggs Line a 9-inch pie plate with 1 Vi cup whipping cream pastry. Refrigerate. In a saucepan, I—B inch pastry shell melt butter. Add mushrooms and 'A cup grated Swiss cheese saute for 3 minutes. In a bowl, 1 tblsp. butter combine mushrooms, bacon, cheese and, qnjon. Sprjnkle over Cook shallots in butter, add prepared pie plate. Combine eggs, spinach and stir over moderate cream, "nutmeg and pepper. Pour heat. Stir in salt, pepper and over cheese mixture. Reduce heat seasonings. Beat eggs, cream and to 300 degrees and bake 40 gradually stir spinach into egg minutes more. Serve hot or cold. mixture. Pour into pastry shell. Sprinkle with grated cheese and Quiche Lorraine/ from Roger & dot with butter. Bake 375 Charlotte Ross - - Opinion Beat eggs. Blend into cream cheese with fingers. Mix in the remaining ingredients. Pour into pie shell. Bake 375 degrees for 35 minutes. Cheese Souffle/ Teri Silverberg Paul suozzi Filling: 1 cup grated Swiss cheese 1 cup heavy cream 4 eggs 8 strips bacon (diced) Chopped onions 1/3 cup fresh mushrooms, chopped Mix cheese, cream and eggs (leaving some extra cheese for the Judi Francis via 6 eggs 1 cup milk Vi Ib. Monterey Jack cheese, cut in % cubes 12 oz. cottage cheese Vi cup flour 1 tsp. baking soda Va Ib. melted butter This is not a "real" souffle, since it doesn't call for you to whip the egg whites separately and fold them in. Rather, a teaspoon of baking soda prompts some of the rising action. Beat the eggs well. Add the milk, flour and other ingredients slowly. Do not overbeat. Salt and pepper to taste. Refrigerate overnight or all day (about eight hours). Bake one hour at 375 degrees in a Pyrex bowl. bottom of the crust). Season this mixture with nutmeg, white pepper and salt. Saute bacon with equal amount of onions and mushrooms. Cool and add to Prysnac Serbia/ from Ellen Gibson cheese mixture.' 6 unbeaten eggs Put grated cheese on bottom of 2 Ib. small curd cottage cheese pie shell and pour in filling. 6 Tb. flour Bake 400 F. 20-25 minutes, Vi Ib. diced cheddar or until a paring knife inserted 1 pkg. frozen chopped broccoli one inch from the center comes Va Ib. butter without any custard out dry 2 chopped green onions clinging to it. - - Thaw broccoli quickly. All Mozzarella and Ham Quiche/ shouUL Ije at . _ . other^ingredients ?'p from^GeHa-Pbpplr V* * S/?"? "rd'cirrf 'temperature, beat all ingredients with electric mixer 2 eggs until well blended. Pour into 8 oz. mozzarella cut into small greased 9x12 baking dish. Bake at ■ pieces 350 degrees for one hour or until 8 oz. cream cheese knife.comes out clean. Let stand 4-6 ozs. ham chopped into 10 minutes before cutting. Serves small pieces 8. ' The Great Gonzo Doctor Disappoints Crowd by Melanie Pierson An evening with the good Dr. Hunter S. Thompson held the promise of good entertainment. Thompson is a contemporary cult hero in the tradition of Ken Kesey, Tom Wolfe, Alan Ginsberg and Timothy Leary. The Doctor is perhaps the only one of these proponents of the lifestyle of total hedonist abandonment that developed on the West Coast in the early 19605, who is still getting away with ripping off the establishment with any degree of consistency. He's getting away with it so well that he's acquiring quite a reputation. Gary Trudeau has drawn Thompson as the character "Duke" in his comic strip "Donnesbury." ("What do you think it's like to wake up every morning knowing there's at least a 50-50 chance you'll see yourself in the comics?") Thompson is a self-proclaimed gonzo journalist (pre-Ted Nugent, please). He writes crazed, drug 1 cup sifted flour induced accounts of the events he Vi tsp. salt 2/3 cup vegetable shortening covers. His books, Hells Angels: A Strange and Terrible Saga; Fear (Crisco) 2'/2-3'A Tbls. cold water with a and Loathing in Las Vegas: A Strange Journey to the Heart of splash of vinegar 6 V* tsp. nutmeg September 28, 1978 the American Dream; and Fear and Loathing on the Campaign Trail 12 are the brilliant, behind the scenes analyses of a twisted and demented mind. Thompson wrote for Rolling Stone magazine (most recently, a two part series on Muhammad Ali) but he no longer feels Rolling Stone retains its original commitment to quality journalism. Thompson is also on the executive board of NORML. Given his credentials, an evening with Thompson looked promising. The promise of the evening was never fulfilled. The evening got started at least an hour late. The Doctor had missed his plane, flying in from New Orleans where he was covering the Ali-Spinks fight. And his bags-had been lost. Thompson' obviously was in no mood to address an audience. Instead, it became an evening of question and answer. It was nearly impossible to gain anything from this exchange because the audience could neither hear the questions president) but he provided no insight as to how he arrived at these predictions. The evening dragged, at one point sliding down into a discussion of how much Thompson was getting paid to answer questions ($2,100 plus expenses). In one somewhat redeeming move, Thompson demonstrated the sobriety test he passed for the California State Police while under the influence of mescaline. Expecting to hear ofthe nof Thompson's mumbled replies. As far as this writer could tell, Thompson had no new observations to offer. He did make a few wild predictions (Ted Kennedy will be the next Hunter S. Thompson further adventures of the Great Gonzo, the majority of the audience that had packed the Fillmore Room left, disappointed, before Thompson finished for-the evening. Those remaining were serious cult followers who wanted to know what the Great Gonzo saw in store for the future. The humor and outrageousness that characterized the Merry Pranksters and the previous adventures of the good Doctor were absent from the evening quite a disappointment. — �Short Relief Guidry's Arm, Bouton's Back by Maria Colavito Over the past few years (though it seems like he's been around for a millenium), Howard Cosell's all too familiar voice has reminded us over and over of the breakdown of fan behavior in this country. I have to admirthat I for one was getting a little tired of hearing it. But it wasn't until a few of us happened to sit in front of one of Howard's more obnoxious specimens during a Yankee-Blue Jays doubleheader in Toronto that the truth of what Cosell's been saying hit home. The gentleman (to use the term loosely) in question was a jerk, plain and simple. He knew nothing about baseball (he thought Dick Tidrow was the Yankee's third base coach and he kept cautioning Thurman Munson to be alert for the suicide squeeze with the only Toronto runner on second base and two strikes on the batter; under those conditions "suicide squeeze" is an understatement of the play's chances of success.) But then again he didn't need to know anything about baseball to make the comments he was making. His favorite targets were Mickey Rivers and Reggie Jackson and to hear him shouting you'd think you were in Alabama in 1939 and that Jackie Robinson, Maury Wills, Hank Aaron and company had never worn major league uniforms. Add to these very personal prejudices two more ridiculous notions that playing major league baseball is as easy as the great players have made it look over the years and that just because they are paid for playing, major leaguers should never make mistakes and you get someone you definitely don't want to be sitting anywhere near during a ballgame. This is especially true when your first-place team happens to be losing by seven runs to a team that's thirty-three games out; and when your team's heavy hitters are having a hard time getting the ball out of the infield in a ball park that looks like it was designed by the Match Box company; and when your team's Cy Young Award winnerhas been taken out of the game after only 1-1/3 innings because he has already given up five-runs, made one error which cost two of those runs and looks like he has got nothing left in his pitching arm. It appears that Ron Guidry's arm may finally be showing signs of the wear and tear it has been subjected to all season long as the Yankees looked to it to bring them into contention for the divisional championship. Despite his size, Guidry has surprised everyone with his strength and velocity of his pitches. If it is true that it takes everything he's got to — — Recent Developments And Trends in theLaw by Bill Brooks This summer the Supreme Court struck down Ohio's death penalty statute. In addition to the usual blurb which accompanies death penalty decisions, Chief Justice Burger noted the irrevocability of the death penalty. Because such a penalty is irrevocable, one must be sure beyond all doubt that the statute is constitutional before a person is subject to the long noose of the law. Naturally, Justice (and that is using the term very loosely) Rhenquist dissented. Such a penalty is irrevocable pnly because such defendant cannot petition the cbu t for redress, It would be a simple matter for Congress to extend the habeous corpus, jurisdiction of Federal courts to the grave. Habeous corpus is a congressional ly created remedy and if those people executed under various death penalty statutes believe they have been unfairly discriminated against, they should petition their congressmen to enlarge the habeous corpus jurisdiction. That such people might not receive a new trial because they are dead was not much of a concern for the Justice. "People have arisen from the dead before," stated Rhenquist, citing Jesus Christ as an example. Rhenquist continued, "Even last year the Seattle Supersonics looked dead at the beginning of the season, and they sure did come alive." Citing a recent Supreme Court case, a Western District of New ' York judge has enjoined all SUNY at Buffalo law professors from uttering certain words in the classroom. This summer, the Supreme Court upheld an FCC censorship of New York radio station WBAI. The station played a George Carlin routine "7 Words You Cannot Say on Television." The court did Carlin one better by telling thestation that it, Carlin or anyone else couldn't even say it on radio. The Court admitted the record was not obscene. However, the majority analogized the routine to an obscene phone call to which none of us should be subjected. n The District Judge analogized the utterances to a pesty vacuum, cleaner salesman: "Like the dirt that the vacuum merchant spreads around your house in his attempt to sell his wares, these words hang in the air polluting the environment." The judge disagreed with Justice Brennan's dissent. Brennan stated the FCC should not dictate what can and can't be played on radio since "one man's vulgarity is another man's lyric." The judge noted that certain things, like most Barry Mannilow songs, can be no one's lyric. The judge thus enjoined all SUNY at Buffalo law professors from uttering the words "Rhenquist" and "Burger." George Carlin said he had mixed emotions about this recent decision: "It may be a defeat for the first amendment, but it gives me a new routine, 'Two Words You Can't Say in Law School." pitch as well as he has been pitching, this season must have taken a heavy toll on Ron Guidry's arm already. Hopefully, the Yankee management realizes that the time has come to coddle that arm a bit, giving Guidry an extra day's rest where possible over the next couple of weeks or' going to the bullpen earlier in the game than they have been. Guidry and the rest of the Yankees know how necessary it is that he be healthy to pitch in the playoffs and hopefully the World Series. Meanwhile, in going from Guidry to Jim Bouton some would say you are going from the sublime to the ridiculous. But all in all you have to give Bouton credit for his courage and determination in making his major league comeback. Obviously Bouton loves playing baseball, enough so that he was willing to give up a lucrative and successful job as a network sportsperson to go back to the drudgery and humiliation of the minor leagues. And he did all of this with nothing short of your basic knuckleball to his name. When Bouton made his first major league start since 1970 at the golden age of 39 (an age at which most baseball owners feel senility has long since settled in) many players felt the Atlanta organization was showing a distinct lack of respect for the game. Starting against the Dodgers of all teams (comparable to starting the Christians against the I ions) "B,outon spemed, to be surviving his baptism of blood and was sailing for three innings. But once the Dodger lineup had all had a look at him and his knuckleball, the trouble began and Bouton was taken out of the game after giving up six earned runs. Yet his second appearance went a little more smoothly, with Bouton going six innings and giving up no earned runs in a 4-1 decision against San Francisco. All in all, it wasn't such a poor showing against two of the toughest teams in the National League, especially for a man with only one real pitch who was probably told by halfof his fellow players when he came up from the minors, "Oh yeah, I remember your pitching for the Yankees when I was in junior high school." If Bouton can find catchers who are willing to share a battery with him (catchers notoriously hate the catching knuckleballers pitch is so erratic that at .best it will make you look really sloppy out there and at worst it will take a bad hop and make you wish you had become an accountant instead of a major league catcher) he might be able to pitch again next season. Of course, all of this is really wish fulfillment for for everyone concerned here Jim. Bouton, he is getting to "come back" to a game where, white he was playing anyway, he was never quite sure he belonged. For the rest of us who always wished we could play a major league sport somewhere but know deep down we never will, all this could give us reason to think that maybe when we reach the golden age of 39 we could do it If Jim Bouton could, why couldn't we? - — Greiner Wins First SBA Last Clear Chance Golf Tournament Bill Greiner drove, chipped and putted his way to an impressive 79. Greiner proudly displays the coveted "Dean's Cup." "Fill Out This Form, Maam" Thanks to John M. Gruber was married two weeks before he was.born. These are sentences taken from actual letters received by the Social Service Department in application for support. In answer to your letter, I have given birth to a boy weighing 10 I am forwarding my marriage certificate and six children. I had seven but one died which was baptized on a half sheet of paper. I am forwarding my marriage certificate and my three children. One of which is a mistake, as you can see. lbs. I hope that this is satisfactory. My husband got his project cut I am writing the welfare department to say that my baby off two weeks ago and I haven't was born two years old. When do had any relief since. I get my money? Unless I get my husband's Mrs. Jones has not had any money pretty soon, I will be clothes for a year and has been forced to lead an immortal life. visited regularly by the clergy. You have changed my boy to a I cannot get sick pay. I have six girl. Will this make any difference. children. Can you tell me why? I have no children as yet as my husband is a truck driver and that report my am to glad I works day and night. husband who is missing is dead. This is my eighth child. What are you going to do about it? In accordance with your instructions, I have given birth to the twins in the enclosed Please find for certain if my envelope. husband is dead. The man I am I want money as quick as I can now living with can't eat or do get it. I have been in bed with the anything until he knows. Doctor for two weeks and he I am very much annoyed to doesn't do me any good. If things find you have branded my son don't improve, I will have to send illiterate. This is a dirty lie as I for another Doctor. September 28,1978 Opinion 7 �- Life As a Summer Associate Three Share Views With The White Shoe Boys on Wall Street by Dennis Harkawik For a ten-week period this past summer I was employed as a summer associate for a large, old and powerful Wall Street law firm. Rather than describe the organization and work of the firm (a narration of which can be found irr the firm resume of any large commercial law firm), I am writing this to relate my personal impressions and feelings about working with the "white shoe" boys. The Wall Street main office was nothing short of awesome: lavish offices, carpeted hallways, a spiral staircase, a large collection of art and antiques made for opulent work surroundings. A virtual army of supporting staff included stenographers, librarians, proof readers, messengers and paralegals that eliminated most of the drudgery of turning out the paperwork. Even pencils were sharpened for us by "non-professionals." Every day at 4 p.m. in the firm library, tea was served in china cups, accompanied by pastry and cookies. All this was culture shock for a poor Buffalo law student who had eaten more machine beef burrito dinners than he cared to remember. For the first half of the summer I was assigned to the litigation department, an area of the firm well noted for harried, demanding work. I was immediately placed on a "live" or soon-to-be tried case. The associate preparing the case would assign me a problem and would give me a deadline of one hour to one-half day in which to report back to him. The case itself was interesting because it involved classic contract concepts: was there an offer made? was there an acceptance? were there third-party beneficiaries? The associate was a newly-hired Harvard Law graduate, and seemed determined to'prove to his partner that he was up to the Advantages of Large by Jean Powers Working for a large Wall Street law firm is probably best characterized by the sheer magnitude of everything ranging from the number of attorneys to the number of billable hours worked to the size of the estates and business transactions handled to the amount of remuneration received. Such enormity has both its advantages and disadvantages. For me, the advantages of a big firm are many. First, there is a tremendous opportunity to learn from a variety of persons, each of whom has developed significant expertise in particular areas within his department. I was particularly impressed with the willingness of the attorneys to help one another with difficult problems and share information and insights gleaned from prior work on similar matters. Coupled with the high standards set for the quality of work and the many opportunities to work on fairly complex and sophisticated problems, the interrelation among attorneys provides an excellent opportunity 8 firm's standards. Unfortunately I was included in this debut performance. One incident especially comes to mind: on my third day with the firm I worked until 11 p.m. That evening I handed in my completed assignment and told the associate that I was exhausted and was leaving for home. Later that summer the hiring partner read me the associate's written evaluation. The associate wrote that while he could understand that there were reasons for calling it a day before all the work for the trial was complete, exhaustion was not one of them. It was the showing of weakness, human limits, that bothered theassociate so much, not the quality or timeliness of my work. Despite that incident, and many more Jong evenings (and weekends), my work in litigation dealt with challenging areas of the law. For example, I explored the possibility of obtaining a binding judgment against NortTf Vietnam in a United States federal court. Of course, if I stayed late a taxi would ferry me home; dinners for evenings spent at the firm were on the client. Also, for the real marathon attorneys, showers were located in the restrooms. Nevertheless, after three weeks I was beginning to question my willingness to devote so much of my time to work and the firm. The second half of my summer was spent in the firm's corporate department. Corporate work there means drafting documents and providing advice for every conceivable type of commercial transaction. My work involved recommending changes in a New York Bank model security agreement, based on changes in the New York U.C.C. I also took part in a "closing" where a foreign corporation bought a family-held business in North Carolina. Here, like those in litigation, the associates seemed to be working too hard. requires. I do not think that my time spent on Wall Street was wasted; it gave me the opportunity to experience a work environment, for a short time, so that I could determine whether it was something I really wanted to do. My decision not to work on Wall Street can be traced to a dinner given to the summer associates by the firm. I was seated next to an elderly partner in his seventies. He had never married, had no family, and had faithfully worked for the firm for many years. After a few drinks he leaned over and told me that if he could do it all over again, he would not work on Wall Street. Despite all the money he had made in his career, he did not know how to enjoy himself outside the office. He complained that he was lonely without a family, and he did not look forward to his increasing leisure time. It was said not to solicit pity, but as almost a warning do not get involved in this type of a career without carefully weighing the costs as well as the benefits. That conversation alone made the time spent at that firm worthwhile. — by )im Maloy Late in April I learned that an in a place called Elma, New York, was in the market for a summer clerk. One phone call, three days and twenty-five miles later, I turned east at Transit and Bullis Roads, knowing that an interview and perhaps a job offer was only a "white building at the first intersection" away. The intersection, however, was nowhere in sight. Ahead, the road dipped and curved past plowed fields, barns, pastures, and a small herd of dairy cattle. I drove on, resolved to keep an open mind and reserve judgment. However, I did begin to regret that I had not opted for my three-piece pinstriped overalls or paid closer attention when Professor Joyce had explained why chickens were not entitled to capital gains treatment, in case it came up in the interview. Finally, about three miles down the road, a traffic signal and a white frame building came into view. I had, in one sense, arrived. ,1 n truth, my earliest impressions of the rural character of the town coincided with my expectations. But I had no comparable expectations wijth respect to a clerking position with a solo practitioner in a community the size of Elma. As it turned out, my employer, an attorney of six years experience, had opened this office with another attorney less than a year before and had never (until now that the other attorney had departed) had occasion to hire a law student. As a consequence, he expressed uncertainty as to what my summer duties would be and whether there would be enough attorney New York City Firm Are Many to learn new areas thoroughly. The services provided by a large firm also enable you to do a first-rate job. Large firms have LEXIS, the legal research computer, and training is provided for each attorney, including summer associates. The libraries are well equipped, and the library staff will borrow volumes from other libraries or law firms if necessary. Secretaries are available twenty-four hours a day, and there are also messengers, proof readers, and other support services. When you work late at night a voucher cab picks you up at the door and drives you home. Because of the diversity of a large firm, an attorney can transfer easily to a new department if he is dissatisfied with his present assignment. Given the size of each department, this is like going to a new firm, but much continuity of policy and procedure remains. A large firm can pay well and can afford to provide a nice social schedule for summer associates and recruits. Activities included: Opinion September 28,1978 The reaction of the other summer associates to the firm indicated that I was not alone in questioning the desirability of living the firm lifestyle. Although some seemed to accept the pressure and long hours willingly, many openly complained about a "sweat-shop" atmosphere. Some will not return to the firm, and unfortunately a number of the out-of-town summer associates may not return to New York City because of their negative feelings about the summer. The permanent associates were more willing to accept their fate, at least for a while. Some leave after a year or two; others feel that their unhappiness is sufficiently compensated by a high salary and prestige; and many others enjoy the total commitment that the job Lawyering in the Country Ain't Just A Lot of Hay luncheons, clam bakes, cocktail parties, the ballet, and dinner at Windows on the World. Finally, there will be a large, group of people starting work with you (approximately forty in the firm for which I worked). Thus, there will always be people with whom you can share your experiences and reactions. Size also produces disadvantages, however. Because an attorney may not work closely with any one partner but may receive assignments from a variety of persons, there is a danger that no one has a complete viewof his development and needs. A large firm generally does not supervise an attorney closely;each person is expected to take the initiative to seek help and advice when needed. To prevent the summer associates from feeling isolated and lost, each one was assigned an advisor. However, I do not think that this practice is followed for permanent associates. The biggest problem faced by a new associate in a large firm is time. I worked in two of the least busy departments in the firm yet billed 45 to 57 hours every week. The official firm hours were 9:30 to 5:30 but only on my last day did I work solely those hours. On a typical day I left my hous at 6:30 a.m. and returned between 8 and 9 p.m. Often, I worked through lunch, and I frequently brought work home at night. My daughter was asleep when I left in the morning and often asleep when I returned. With one exception, however, I did not find it necessary to work weekends. One caveat: do not commute. After putting in ten or so hours of work,- no one should have to contend with the Long Island Railroads On my line, trains were late about fifty per cent of the time. Delays ranged from ten or fifteen minutes to two hours. Even when punctual, the trains were overcrowded and hot. Had I not commuted, I might have summarized my experience as, challenging and exciting. Given the commute, I must also say that it was exhausting and sometimes frustrating. work, beyond that requiring his involvement, to keep me busy. So, having established that neither of us knew what to expect from each other and wondering if we were both on the verge of a decision we would regret by July, we shook hands and I got in my car and headed back past the cattle, pastures, barns and fields the landscape that was to become a familiar part of summer in Elma. — Looking back from my five-months-later vantage point, I realize that one of the mistaken pre-conceptions I had formed was that clerking in Elma would consist of a very limited range, of "rural" "mundane" law a will here, a contract there, here a tort, there a tort, everywhere a tort, tort... basically out of touch with Current Trends and Recent Developments. But CT's and RD's aside, my work included: drafting wills, complaints, assorted motions, affidavits, making coffee, wrongful death, plain death, landlord-tenant, real estate, long-arm jurisdiction, bankruptcy, taking out the garbage, a slip-and-fall case, a dog-bite case (we defended the dog), the exclusionary rule, matrimonials, intentional and unintentional torts, reams of correspondence, interviewing clients and attending all sorts df cdiirts. Then on — Tuesday ... In short, the work was quite varied. (I perused all but a few volumes of the New York statutes at one time or another.) It provided a good look at how law (the printed page variety) can function on formal and informal levels to anticipate and avoid disputes or, failing that, resolve those which are ultimately channelled into the "system." Apologies for the textbook prose; no apologies due for the summer spent in Elma. As a first law-related job it was an interesting and valuable experience. So, "Clerking in Elma" in a nutshell: beautiful Western New York summer days, relaxed pace, friendly atmosphere, a diverse caseload with often-colorful clientele, and the chance to participate directly ir> the handling and building of a solo general practice. Nice work if you can get it. .. And as I headed west into the setting sun on that last day of summer vacation, I passed by that same small herd of dairy cattle grazing in a pasture and recalled my reaction when I first saw them in.April. A few of them looked up as I passed and for a moment I thought I detected a note of recognition in their eyes. How many "big firm" summer clerks had passed a senior partner in a panelled corridor day after day, hoping against hope for some small gesture of recognition? After all, recognition is recognition. I smiled and waved to the cows and, with ego restored, headed for home. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-09-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/28/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/840e8e6568459a778325099f7850ab02.pdf 3419f1db57366f405b540da95bd247f4 PDF Text Text Ford Indicted For Homicide In Pinto Deaths . by Alan Nadel In a surprising development, Ford Motor Company has been■ indicted by the Elkhart, Indiana grand jury on three counts of reckless homicide and one count of criminal recklessness. The indictment stems from an accident in which three'teenage -girls burned to death. The 1973 Pinto in which they were riding burst into flames after being hit in the rear by another car. Ford's indictment on criminal charges is only the latest episode in the Pinto story. An investigation by federal highway safety officials found that given their fuel tank design, Pintos built during 1971 through 1976 have a great chance of burning during rear end collisions. The investigation linked the Pinto's fuel tank design to several deaths. Ford has also been the object of several lawsuits growing out of accidents involving Pintos. The company is now in the process of Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 3 recalling (under federal pressure) 1.5 million of the automobiles built during 1971 through 1976 in order to modify their fuel tanks, thereby reducing the danger of fire upon rear end impact. Spokesmen for Ford have called the indictment "unwarranted" and claim the "company hasn't violated any of the laws of Indiana." The maximum penalty which Ford faces if convicted on all four counts is a $35,000 fine. Financially, such a fine would be meaningless to Ford. It is also questionable whether a conviction will have any adverse effects on public relations. Ford has received bad publicity in the past from law suits involving the Pinto. Despite this, Pinto sales are higher than ever. The ineffectiveness of a conviction in this case points out the futility of trying to apply the usual criminal sanctions against large corporations. Professor Michael Schaeftler, who teaches corporations, sees several policy questions raised by Ford's indictment. Chief among them is "are we capable of finding a system of punishment for the corporation which will achieve the objectives of the criminal law." i Quoting Lord Thurlow, Schaeftler stated: "You never expected justice from a corporation did you? They have neither a soul to. lose, nor a body to kick." According- to Schaeftler, criminal penalties in their present form cannot be used to deter the corporation. However, in fashioning more effective penalties, we must consider who will suffer from their imposition. For example, an exhorbitant fine may result in smaller or no dividends to the shareholders. It may also be passed on to the consumer in higher prices. Are we justified in indirectly punishing those who knew nothing of the criminal act? Whatever the outcome of the Ford Pinto: The alleged murder weapon. against Ford Motor Company, it has raised important questions about criminal sanctions and the corporation. These case Opinion mihe sha/vro questions must be answered if criminal conduct on the part of corporations is to be effectively deterred. Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 October 12,1978 State University of New York at Buffalo School of Law Study Program Aids Minority Students by Jay Marlin (This is part 2 of a 2-part story dealing with minority admissions and the legal program.) While there arc strong differences of opinion as to the efficiency of the law school's effort in recruiting more minority students, one thing that is agreed by students and upon administrators is the importance of the Legal Methods Program. Going into its third year, the Methods Program is Legal randi thavis designed to help students who come from an educationally disadvantaged background by offering special tutorial assistance during the first semester of the first year. The program presently has 16 year students, whose first that responsibility. The seminar normal first "Starting and Maintaining a Public members take the Torts, Contracts, courses of year Interest Law Firm" addressed that Procedure. But, instead and Civil in provided and. those question taking Criminal Law, the attendance with an idea of the of members of the program take public a would-be alternatives Introduction to Legal Methods, interest lawyer has. with Criminal Law being taken in Five panelists participated in second year. the Saturday, September 30th the "It's a very helpful program. seminar. Michael Tiger, a former professor at this school, chaired It's not any less work. In fact, it's the discussion. The first speaker, more work in class time. The Bruce Meyerson, is the Executive professor teaches you the methodology of law school, legal Director of the Public Interest writing, and how to take an Phoenix, Arizona. Law Center in exam," said Wayne Alexander, a The Law Center was started by Meyerson in November 1974 with former member of the program the pledge by a major Phoenix law and now co-chairman of the firm to pay the salary of one Asian-Puerto Rican Law Students Public Interest Forum Debates Alternative Forms of Practice by Arlene Fisk Throughout undergraduate and post-college days, many devised Throughout undergraduate and post-college days, many devised plans for saving the world, or at least a significant portion of it. .The devices for fulfilling these goals Jed many to the study of law. Students enter the portals of O'Brairf Hall with a vision of becoming lawyers for the people, of representing those who, were it not for our services, would go without legal representation. Unfortunately, after some time in law school it seems clear that very few lawyers retain this goal. • Lawyers, rather than seek the deserved gratification of winning a cause for the public good, seek instead substantial monetary reward. Yet, all is not lost. The Model Public Interest Law Conference held at the law school September 29 and 30 made clear once more the obligation an attorney has to serve the public interest. Students at ÜB, attending law school in part on the good graces of the New York state tax system, owe some duty to that public which has funded their education. The crucial question, then, becomes not whether a responsibility to serve the public interest is owed, but how to fulfill -continued on page eight Association. "The program has been on an experimental basis for three years, and I would like to see it institutionalized," noted Alexander. The tutorial sessions are conducted by the professors of the first year classes or their teaching assistants. Classes are conducted during the normal school day, and the students successfully completing the course get three credits. Before the Legal Methods Program, there was a high drop-out rate among minority students, but since the introduction of the program the rate has dropped considerably, and is now not much higher than the rest of the student body. "We felt it's worked extremely well. We try to get as many minority students into the program as possible, which gives the students an opportunity to have close contact with the professors," commented Charles Wall in, associate dean and registrar. "It's a very beneficial program'" added Wallin, "but it is also a very expensive program since it takes up a lot of the professor's time." The importance of the program was emphasized by Pat Armstrong, vice-president of the Black American Law Student Association, who said that besides being an "excellent" program, it should be "more emphasized and -continuedon page eight �Vol. 1 9, No. 3 October 12,1978 Bis el and Krause Editor-in-Chief Jason Poliner ' Letters To The Editor Managing Editor Randi Chavis To the Editor: The last issue of Opinion a drop in minority admissions at the law school. The school's affirmative action efforts were called into question in that article. After all is said and done Staff: Steve Blumberg, Bill Brooks, Mike Buskus, Maria the fact remains that" this year's Colavito, Carol Gardner, Jay Marlin. entering class of 265 includes only 5 black students. There can be no Contributors: Alan Beckoff, Paul Bumbalo, Arlene Fisk, Steve justification for this kind of Silverstein, Karen Spencer, Peter Zaret. performance by a law school that Copyright 1978, Opinion, SBA. Any republication of materials herein is purports to be "committed to strictly prohibited without the express consent of the Editors. OPINION is affirmative action" in legal published every two weeks, except for vacations, during the academic year. education. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views The Dean and his staff are expressed in this paper are not necessarily those of the Editorial Board or quick to excuse their poor Staff of OPINION. OPINION is a non-profit organization, third-class postage performance. But the excuses just entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from won't wash. Buffalo is no colder Student Law Fees. Composition & Design: University Press at Buffalo for blacks than for whites, nor is the school's reputation any more widespread among white college graduates than blacks. UB Law is not suffering from low enrollment. Only black student enrollment is pathetically low. The law school administrators all complain that there is not no money to enough money Many thanks are due the persons responsible for bringing recruit, no money for tuition the Model Public Interest Law Conference to Buffalo this assistance, no money for public past September. The two-day event provided a forum for all relations. We are not talking about to discuss the pressing question of how the legal profession can best serve public needs. The dialogue which developed was both stimulating and thought provoking. Alternative methods for serving the public were explored. The message of the conference was clear the legal profession has a duty To the Editor: to serve; what remains is to determine the most appropriate and effective means to accomplish that goal. Slowly but surely, I believe, What evolved from the conference was a multitude of .student activities are experiencing different formulas designed to reach the desired result: a renaissance at this law school. serving the legal needs of the public. The recent election for the SBA This service may be administered through the local bar, officers focused on real, live through an organization financed by foundation grants or issues; the percentage of students other private monies or through an independent firm voting was approximately 50 per devoting a portion of its time to pro bono work. Whatever cent; and the serious nature of the means are chosen, the basic' ingredient is a willingness on the election process was clear. Yet, the SBA has an image to part of members of the bar to participate in serving the live down, or a new image to live public. The necessity of this factor cannot be overlooked. up to. In the recent past, two It is our responsibility as members and future members presidents have taken a nosedive of the bar to take up the task laid before us in the message or resigned; the record of of the conference. Those who participated in the dialogue accomplishments by the SBA are aware of the various means at their disposal. Those who seems minor; and the attidue were unable to attend may view the video tapes which arc toward the SBA has been one of available in the library. indifference on the part of A special note of thanks is due Joe Makowskj whose students generally. untiring efforts were responsible for the smooth running of the conference. It is unfortunate he was overlooked when praise was handed out at the luncheon on Saturday, as his contribution was a large part of the successful result. News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius reported Editorial Conference A Success — Urge Affirmative Action an enormous investment of capital to get a genuine affirmative action program off the ground in Buffalo. All we need is one full time affirmative action officer to turn things around. If the administrators of this institution are not capable of raising the funds to pay and supply a single staff person, then they are certainly not competent to run this law school. The benefits of a low cost, sincere recruitment effort is evidenced by the fact that the Spanish surname student population was increased by 500 per cent this year. This was primarily due to the efforts of Hector Santiago, a Puerto Rican who was admitted to the law school in 1977. Santiago was a member of the Admissions Committee that recommended students for admission to the law school on a discretionary basis. During the year Santiago contacted each Spanish surnamed person that the law school admitted. He also sent follow-up letters to those persons who did not indicate that they would come to UB Law School. As a result of his commitment to increase the Spanish law student population, five Spanish,, surnamed people were members of this year's entering class. Compare.this figure to the figures of 1976 and 1977 which consisted of only one Spanish surnamed student each year. This is not intended to be a criticism of Allan Canfield's role* in minority recruitment. Mr. Canfield has many roles in the administration of the law school and the task of minority recruitment is a full time job that requires a full time staff person with no other responsibilities. The UB Schools of Dentistry and Medicine have taken the necessary steps and have on their respective staffs full time affirmative action officers. The Law School is falling behind and there is no excuse for it. As a first step to rectify the situation we call for the establishment of a law school affirmative action office with a full time staff person to begin recruitment now for 1979 admissions. Charmaine Bissell Gene Krauss Canfield Sees Future SBA Renaissance - Properly organized, the SBA, like the Moot Court, the Law Review and the Buffalo Legislation Project can be an important political, social and educational vehicle. Committees need to be managed, articles need to be planned; communicative organs are required; a sense of the legal "mission" of law schools is necessary; and even political skills are focused upon. There is no question that social skills are sharpened. Nobody, but nobody, should downplay the importance of the SBA. The law school is, from my perspective, a micro-learning society. Skills, attitudes, values and substantive knowledge cannot be carried around in a classroom T-shirt. What is learned in the Social Service Recipients: Nothing To Laugh About To the Editor: i&L— JiJitL ji ( i '>.■■M ■-. ■; '\',,: ;.n" i classroom spills over into student life. What is learned in student life funnels into the classroom. There is no real dichotomy to be made, unless it is a false one. Who, for example, can help establish contact with the alumni? The SBA. Who can articulate issues of student concern? The SBA. Who can help develop a sense of community and establish a "communicative infrastructure" in the law school? The SBA. The SBA can do a large number of things to help improve law school life. It can help out with the peer advisement experiment now being started; develop a meaningful film series (has anybody seen "Special Section", a Cannes Film Festival Award film, 1975?); enliven the Distinguished Visitors' Forum;set up relationships with other law school organizations; write for grant monies from the LSSF, the ABA Law School Division; work effectively on law school committees; start a newsletter for the SBA; and get involved in a variety of other activities. Much to its credit, the SBA has affected law school policy; it has been able to help increase SUSTA monies and it has produced some real student leaders. It helped establish the Law Revue, too. Nothing could be better for the law school or student life than an SBA renaissance. I see shades of it. I, for one, will help and encourage the SBA leadership. I know others will, too. c Best wishes to all the elected studenUeaders. ■ •■. J.( the letters. Mr. Gruber has taken letters written to the Department We Would like to comment on of Social Services and the article entitled "Fill Out This appropriated them, albeit with Form, Maam," which appeared in identifying information deleted,' the September 28 issue of without the knowledge or consent Opinion. The article was of the letter writers, for the sole composed of excerpts from letters purpose of titillating his fellow written to the Department of law students. His doing so is a sad Social Services by women seeking commentary on this attitude support. toward the very people the In our experience, public Department of Social Services is assistance recipients aren't in the supposed to serve. We can only habit of corresponding with wonder if he would feel as free to public agencies. When they do it's do so if the persons involved were usually in response to their not public assistance recipients. desperate need for assistance. The fact that the need is not expressed Laraine Kelley grammatically makes it no less Sheryl Karp Asst. Dean for Stuattit Affairs critical. Illiteracy is not an appropriate source of humor in any context. In this context, its use is tasteless, "Never say never. It 's playinp God callous, and in total disregard of and anticipating history." the rights of those who authored -Professor W. Howard Mann ,■ ji\ AllenA&hfleld Quote of the Bi-Week ' 2 Opinion October 12 �Ethics Sign-up Form President's Corner SBA Organizes, Plans GradeForum Constitution mandates that one student member be an SBA director). These students are now receiving notices and attending the meetings. To insure involvement by all students, the SBA Appointments comm[ttee is interviewing all students who volunteered for a position on the committees. Hopefully these students already will have been chosen before you read this column. The one issue that I hope we can all concentrate on in October is the possibility that the faculty will act on the proposals to change our present H-Q grading system. The SBA has acted by ' by Tony Leavy On September 26 the new SBA members joined with the incumbents and began re-organizing the SBA. We appointed Directors to the SBA standing committees (External Affairs, Finance, Rules, Appointments and Athletics and Social) and we also established and appointed members to the special committees of Elections, Distinguished Visitorls Forum and Grade-Change Referendum. With these committees now functioning, a sign on our door and our efforts to have regularly scheduled office hours, the SBA should be a vital, visible student government. To insure immediate student representation on the faculty/student committees we chose the SBA directors for these committees (the SBA establishing -the Dean Headrick has agreed to reinstate a 1 or 2 credit pass/fail ethics course in the spring if there is sufficient student interest. Tentatively, the course will be structured as follows: each student taking the course will be assigned to a discussion group of approximately 10 students. A series of ethics problems will be distributed. Each student will be responsible for leading class discussion on one of these problems as well as participating in other class discussions. Any student interested in this program must sign up before November 1. Unless a large number of students will commit themselves to taking this course, Grade-Change Referendum Committee and this committee has decided to hold an October 30 and 31 student-wide referendum to find out how all students i feel about the H-Q grading system. The Committee is now attempting to have members of the administration and faculty attend an 1open forum to discuss the various grading proposals, so I urge everyone to begin thinking about and discussing the H-Q system. We will all have an opportunity to vote for our preference and, by so doing, we will indicate to the faculty how we feel on this issue. there will be no ethics course next spring. You may sign up by filling out the form below and returning it to the Opinion office. Do not sign up more than once. For further information, leave a message for Ann Herman or Dennis Harkawik in the student mailboxes. ETHICS FORM I will take an ethics course if offered next spring. Name Class Campbell Won't Bargain, Let's Can The Soup by the United Farm Workers Union and its leader, Cesar Chavez. From the first meeting with the workers' negotiating committee in January to the present, the company has steadfastly refused to bargain the basic rights and protections the workers need if they are to have a representation To the Editor: Have you had your Campbell's soup today? Well if you did, that is Mm Mm bad. Recents events have proven that Cambell's has a heart as big as the pieces of chicken it puts in its noodle soup. One year ago, the workers at meaningful contract. Among the points Campbell's the Pacific Mushroom Farm of Campbell's Soup Company in has refused to bargain are the Pescadero, California voted almost right to arbitration of grievances, unanimously in favor of written' assurance against BUFFALO 1 LAW REVIEW^ SPRING VOLUME 27 IP^^O^ 0 continued favoritism in hiring and inclusion of worker's in the union's pension plan, social service fund and medical insurance plan. In protest against the company's blatant refusal to bargain in good faith, all 200 workers at the mushroom farm walked out on strike on August 26 and are now maintaining a 24 hour picket line around the plant. We can all show our support for the struggling Campbell's workers by a boycott of the soup. A letter to Campbell Soup Company, Camden, New Jersey, 08181, informing them'of your action, would go a long way toward impressing their corporate leadership that the plight of California farmworkers is not unknown to soup guzzling students in Buffalo. So pass the word and can the soup. Ross Runfola FREE VIDEO TAPE LECTURE NEW YORK PRACTICE Prof. Arthur R. Miller Co-Author Weinstein, Korn & Miller, CPLR Wright & Miller Federal Rules \ -5 0*. irtVN fk tC' " O 0^ CA)** *«'• eWx fc ft t)^' O -o®' Skx \" Discrimination—Coirt Narrows Gilbert—Some Relateii Shaffer v. Hf.itner's Kffect on Pre-Jiikjment Att.WHMBNT, Jurisdiction Based on Property, and New York's Seider Doctrine: Have We Finally Given Up the Ghost i"1 the Res? Law Firms: Has M.Kit Asserts Jurisdiction Over the Door Been Opened to Lawyer Unionization: The First Amendment, High School Sti dents, and Trachtthe Possibility of Psychological Harm: max v. Anker Right of Privacy—Fornication Statute Held Unconstitutional—State v. Salnders Domestic Relations— Separation Agreement ProviHindsion for CHILD'S College Education Held Support—Boden v. ino ix an Action for Child BodF.N Pregnancy Discrimination is Skx , »W_(\ 9 V V rfl - I off Civil Procedure Wavk in the WorldMake Rights Effective M<"<r° CappclleUi and liryant (iarth Book Review Friedenthal & Miller, Sum and Substance of Civil Procedure Time: 7:00— 10:00 Date: Mon., Tues., Wed., Thurs. October 16 —19th Place: Room 107 . Come see just one more reason why MARINO-JOSEPHSON/BRC is becoming New York's Number 1 Bar Review Course! ONCE IS ENOUGH! Manno-Josephson/BRC *v I | FACULTY OF LAW AND STATE UNIVERSITY Copyright* 1978 by the Bufftlo JURISPRUDENCE OF NEW YORK AT BUFFALO S ;j j* 1111**" "■■■■iiiiiiiißl BEST OF BOTH WORLDS 1500B«0ADWAv SUITE 501 NEWYORK. NEW YOKK 10036.212 730 7749 Uui Rtvuw October 12 Opinion 3 �Placement's Trouble-Shooter by Alan Beckoff When Alan Carrel attended this law school, his class of 88 included one black and three women. The full-time faculty was one-third of its current size, while there were three times the number of part-time faculty members as there are now. There were four secretaries. Three classrooms in a downtown office building, as well as some rented space in another building, constituted the law school. And he guesses that if the members of his class were to apply here today, maybe 15 would be accepted. Carrel, the new associate dean for external affairs, received his LL.B. from here in 1967. "The Buffalo legal community doesn't have the proper perspective. The school is much different than it was when theyattended," he said. Besides his inter-related duties of placement, afumni relations, fund raising, and the administration of continuing legal education programs, Carrel identified himself as "a trouble-shooter for the legal and lay community." By that he means "keeping the image of the law school up, to make the reputation as good as the law school." "The change from a local to national school began in the 60's," he said, "when the UB administration decided to make this a major law school, and it was - SBA Discusses Grades by Steve Blumberg In addition to more perfunctory items on the Student Bar Association (SBA) agenda, the issue of proposed grading system changes received attention from the new administration at the September 26 board meeting. The impending grading proposals to be made by the Academic Policy and Planning Committee (APPC) were not the first item on recently elected SBA President Tony Leavy's agenda, yet he seemed to place great emphasis on this issue. "APPC is ready to move," he said. "Headrick says he has charged the committee to come up with a proposal before a certain date." In order to determine student opinion on the various grading proposals, an SBA committee to organize a referendum was formed. The referendum will be held October 30 and 31, Leavy said. Presently, the committee plans to write a detailed questionaire to evaluate student opinion. Leavy said he hopes to organize forums so students can obtain information about the proposals. "I want some forums so students can be educated about what the grading proposals are by Greiner and the others," Leavy said. "This is too important a decision not to do anyting about," Leavy said in reference to his proposal to hold a referendum about the grading policy. Lew Steele, second year director, agreed with Leavy. "An uneducated and unaware ballot will be meaningless," Steele said. He stressed the importance of "holding meetings with students at-large to tell them about the costs and benefits." Another point of emphasis made by Leavy concerned the students who serve on the various student-faculty committees. "I want to make sure that students on those committees come back and report," Leavy said. "They should be held accountable," he added. In a more general message, Leavy said APPC is not the only faculty-student committee anxious to move. He cited the Minority Student Affairs Committee as also ready. , In other matters, Leavy 4 Opinion October 12 proposed forming a special SBA committee to investigate possible membership in the Student Association of the State University (SASU). This is a full-time student lobby organization that operates in Albany and functions on the dues paid by the state schools who wish to be members. The proposal encounteredresistance. Had the defeated proposal passed, the SASU investigation committee would have been comprised of four students, who arc not on the SBA Board. The four students who were to serve are uniquely familiar with SASU operations and came forth on their own to express, indeed initiate, interest in this matter. Third year director, Claude Jeorg, wanted to merge the proposed committee under the auspicies of the External Affairs Committee. )eorg also expressed some negative views of SASU before any discussion of the merits of SASU membership took place. Leavy observed, "External Affairs has not done much about lobbying, nothing has happened. I fear they won't do anything," Leavy added. On a more positive note, second year director, Dwight Wells said, "I laud the fact that some non-SBA people want to participate. I would hate to shut somebody out. In fact, I want more people to come." Finally, a motion was passed which put the four "SASU experts" on the External Affairs committee for the specific purpose of helping with the SASU question. This arrangement may dilute the "experts" impact as opposed to the original Leavy proposal. After the Treasurer's report and the Secretary's report, there were two committee reports. The Phone Committee (a sub-committee of the Finance Committee) concluded their arduous investigation into the illicit phone calls made last year. In addition to showing in tabular form that they recovered a great deal of the funds spent on illicit calls, the committee stated their intention to meet with Dean of Student Affairs Allen Canfield and then possibly with the Faculty-Student Relations Board (FSRB) to determine if any furtheraction should be taken. ' Alan Carrel mike Shapiro ■—- extremely successful in doing jt. This was the only state-supported law school in New York State, and they felt that it should be on par with other state law schools around the country." In his role as placement director, Carrel wants the students "to realize how good they are." He said that spirit is good, but "students tend to forget that they are in the top 15 per cent of law school graduates in the US." Employers who visit the school are always praising the quality of the students, he said, but "when they (the students) realize how good they are, that will make my job that much easier." Carr«l has more ideas for office's assistant director. Carrel said one-half of his time and three-fourths of her's will be devoted to placement. The school places great emphasis on employment, he said, "and thfc department is greatly over last year." placement operations: "My Carrel, a former member of the predecessor (Jay Carlisle) did a Board of Directors of the Alumni super job in setting up placement. Association, said "they brought But a majority of what I'll be me in here" because of his doing is new." contacts with alumni and the legal Figures show that 22 per cent community in general. "Alumni of a typical recent graduating class relations is a fresh area because was employed by graduation, and very little has been done with it 90 per cent was employed six lately." months later. Carrel wants the Carrel is a native of Buffalo percentages higher by graduation. and received a B.A. in Biology Because "the market is getting from Hamilton College before tougher," he wants to do more entering law school. He is a counseling. former partner in Rosen, He also wants the students to Yasinow, Roberts, Rich and think more about what they want, Carrel, and is active in community and to have "the job that they organizations. Gardner The Association of Women Law Students held its first meeting on Thursday, October 5 in the fourth floor student lounge. The meeting began with a lecture on combining a law career and a family by Mary Dee Martoche, Esq., a Buffalo attorney. Martoche, a 1976 UB Law School graduate, is a member of the firm of Carl R. Ellis which specializes in negligence defense work. Martoche related her own experiences as a law student and mother of three children. Martoche gave birth to one of her children while she was a second-year law student. She admitted her opinions were -her own. She emphasized decisions concerning her legal career were based on a belief her commitment to the law was secondary to her commitment to her family. , Student Office Eases First Year Worries by Paul Bumbalo the unique pressures of one's first year of law school, McAlear said. It is true many first year During a Freshman Orientation meeting this past July, second Students obtain vital information year student Mike McAlear made from day to day contact with a proposal for the establishment second and third year students. of an office designed to ease the But the value of this project is it transitional period encountered establishes a specific place where by first year students. Names like an exchange of information may Continuing Orientation and Peer take place, McAlear said. By Advisement have been associated providing an acknowledged focal with this office, but McAlear is point for the dissemination of hesitant in attaching a label to his information, McAlear and his brainchild. He fears a label will associates can more effectively create expectations which will collect and dispense information destroy the informality he desires. to inquiring students. This is illustrated by the action "It is not designed for fulfilling a set purpose," stressed McAlear. taken to fill the bookstore's "Its prime function is to provide inadequate supply of Kadish and basic information on how to get through the system." Minor problems can seem and indeed become major ones when the first year student is not familiar with the system and lacks the know how necessary to deal with a particular situation. By sharing their experiences and insights, upper class students can help eliminate unnecessary worries and confusions created by AWLS Holds First Meeting by Carol want, rather than a job for the sake of having one." Audrey Koscielniak is still the Martoche explained her study and practice of law has been facilitated by the hiring of a housekeeper. She said the decision to hire someone was the first of three decisions she made concerning her career. The second decision was a conscious choice to not look for a job until after she took the bar exam. Finally, she decided not to try to graduate in the top of her class. The last decision was made, she said, "because I didn't have the time to devote to my studies like some other students did. I had obligations to my family." Carol Gardner recommended calling U.S. senators to urge them to vote for the extension of the deadline for ratification of the Equal Rights Amendment. Gardner also mentioned a project to advocate the selection of qualified feminist attorneys to positions on the federal bench. Paulsen casebooks. When approached by a few students who were without books, McAlear assisted these students in acquiring books. This eased the minds of many students who were concerned it would be necessary to go to class unprepared and fall behind the rest of the class while awaiting the next shipment of books. Another project of the peer advisement program is the development of a body of data to facilitate the identification of problem areas. "We have to see what needs are out there in order to determine what services should < be provided in the future," McAlear said. These sentiments were also voiced by Assistant Dean Allan Canfield. "We have to let it fly and flow with it. The potential for making a significant contribution to the law school community is tremendous. Future expansion of the project will be carefully considered because student life is such a large part of law school," Canfield said. At the present time, McAlear has sufficient commitment but his project i*. i encountering administratfvetangles such as a recent room switch to Room 113, an insufficient number of keys and a lack of furniture. When these matters are cleared up, the office should be operating at full capacity. , �BLP Undertakes Most Ambitious Effort To Date The Buffalo Legislation Project (BLP) has embarked on its most ambitious efforts to date in accepting fifteen projects this semester. The increase, double the number of projects last spring, is accompanied by a similar rise in BLP membership from thirty-two to sixty-six. . The admittance of forty-three new members was precipitated by the largest response ever to BLP's application drive. Over one hundred interested second year students submitted membership applications, thereby allowing the selection committee the opportunity to choose members who would bring to the organization diverse interests and experience. As you may know, BLP is a student directed organization providing legislative research to state and local legislators and agency officials. Students obtain valuable and useful experience in research, bill drafting and policy formulation, as well as academic credit after having participated for three semesters. Under the supervision ofdirector Dan Kohane, managing editor Joanna Gozzi and faculty advisor John Spanogle, work has begun on the following projects: — This (1) Ordinance Review project will undertake a review of present City of Buffalo ordinances in light of new constitutional standards developed by the courts in recent years. The project editor is Mike Razenhofer; project members are Pat Armstrong, Jim Hughes, Mary Lindsey, Michael McAleer, Phil Meyers and Ken Patricia. (2) Local Housing Statutes This project will address the question of whether the state, through the enactment of general laws relating to landlord-tenant matters, has pre-empted municipalities from enacting local ordinances. The project editor is Candy Appleton; project members are David Karel, Steven Schurkman and Susan Schreiber. (3) New Higher Education Trust This project will Eligibility consider whether the definition of "institution of higher education" (in regard to P.A.S.A. Program) for eligibility for tax deductions under the tax bill which includes provisions for the parents and student savings program should be extended to students attending degree granting proprietary schools and all other registered and approved business schools. The project editor is Janet Lubon; Project members are Mary Joanne Dowd and Leonard Kirsch. This project (4) Utility Issues will involve researching the status of two utility issues in other states, a) Whether present rate-payers should pay for facilities which may never service them but will service future customers; b) Fuel adjustment clause involving automatic 'flow-through of fuel cost to consumers without a public hearing or public review of the legitimacy of increased fuel cost. The project editor is Jim Kelly; projects members are Gary Cohen, Kathy Driscoll-Mack, and Martha - ' - - rate design for utility services. Prices will be increased during the day and decreased during the night. Problems exist because poor persons may have difficulty shifting their usage. What are the policy concerns, here and in other states? The project editor is Alan Block; project members are Ellen Evans, Kenneth Landau and Mark Rosen baum. (6) Labor Law 523 This project will research the inequity existing in 523 of the Labor Law whereby an individual collecting unemployment benefits is penalized 25 per cent of his weekly benefits for each day he works, without regard to the number of hours worked or the wage earned. The project editor is Saul Brenner; project members are Stu Haimowitz, Jim Maloy and - Tony Leavy. - (7) Criminal Justice This project will explore whether the failure to ratify the death penalty has resulted in state reforms that have adversely affected juvenile offenders. The project editor is Deborah Dowling; project members are Cathy Schwartz, Gladys LaForge and Paula Cohen. (8) Welfare Fraud This project involves recent changes in employer reporting to determine if welfare recipients are gainfully employed. Are there any constitutional ramifications? The project editor is Mark Bander; project members are James Anliot, Mary Kloepfer and - Deborah Sorbini. (9) Freedom of Information Law v. Discovery This project will address the question, does a citizen involved in a lawsuit have a greater right to some records in his status as a citizen than he does as a litigant? The project editor is Marc Ausfresser; project members are Stephanie Baynon, Carol Maue and Susan Lubowitz. (10) Broadcasting Courtroom and Agency Proceedings This project will look at the question of whether the public and news media should be permitted to tape record, broadcast or televise the proceedings of public bodies and/or the courts. The Open Meetings Law is silent. The project editor is Linda Beyer; project members are Chet Smalley, Susan Beberfall and Jeffery Katz. (11) Calendar Practice This - - - project will review the present Droject will review the possibility practice in Erie County under of merging all New York State which a trial judge is not assigned trial courts, except town and until the eve of the trial, and village courts. The project editor pretrial proceedings have gone is Joann Parry; project members before other judges. Would the are Alan Butterworth, Loula interests of justice and economy Borkas, Mark Hammer, Jim Paris be better served if one judge and Gloria Richard. stayed with a case from beginning (14) Population Law This to end? The project editor is Ellen project involves a survey of New Cohn; project members are Pat York statutory law which includes Pollard, Howard Crane and Rita or excludes city participation Merino. according to population. The (12) Immunity for Physicians project editor is Tom Bender; This project will formulate project members are Bruce Young legislation proposing to limit the and Horace Gioia. liability of physicians acting in (15) Urban Development emergency situations, especially Corporation This project will while using the Medical involve the feasibility of U.D.C. Emergency Radio System (MERS) becoming involved in the problem in conjunction with paramedics in of the exodus of large the field. The project editor is corporations from New York Paul Suozzi; project members are State. The project editor is Paula Sharon Osgood, Lori Golombek Dladla; project members are and Ricky Samuel. Richard Bedor, Ann Tucker and (13) Trial Court Merger This Andy Walle. - - Working At Legal Services In Harlan, Ky. When talking about working in Harlan, Kentucky, one must also talk about southeastern Kentucky. Two conversations that occurred during my first week in Harlan still stand out in my mind and help exemplify what life in the area was like. The first involved another law student who worked at the office and a waitress at the local Pizza Hut. The second took place between the directing attorney at the office who is originally from Oregon and myself. The conversations went essentially like this: Law student: What do you have to drink? Waitress: We can give; you a pitcher. Student: A pitcher! thought this was a dry town. Law I Waitress: Oh, you can still get a pitcher of Coke. Myself: (after reflecting upon the total absence of any activity outside of work): What made you want to settle in southeastern Kentucky? Attorney: When I first arrived in southeastern Kentucky I hated the area. I couldn't wait to serve my one year commitment and get out. But after a while the work just draws you down here. There is so much that has to be done. It just draws you down here. And so it does, for some. Those people not from the area (none of the lawyers in the office were, from southeastern Kentucky), when doing nothing, could still derive some satisfaction Krisel, from providing legal services to (5) Time of Day Pricing This people who so desperately need the them. Why does such a need project concerns establishment of an entirely new exist? - Sitting, I to r: Linda Beyer, Janet Lubon, Joanna Gozzi. Middle, I to r: Saul Brenner, Shirley Gorman, Alan Block, Paula Dladla, Ellen Colin. Top, I to r: Paul Suozzi, Mike Ranzenhoffer, Tom Bender, Dan Kohanc. Harlan is a town which is in many respects still in the 1930's or 40's. Any attempt to organize labor is met with tremendous resistance, bootlegging still flourishes and. the town is tremendously corrupt. Those in power, the local politicos, the bootleggers, coal operators and other businessmen, care for little else than remaining in power. The main purpose of government bodies and organizations is to help retain the existing power structure. Perhaps the most important consequence of such a system is the failure of the Board of Education, not only in Harlan, but in southeastern Kentucky in general, to teach or prepare students to live in any place other than southeastern Kentucky. As a result, most people are born and grow up and live in the area, an area which many people would choose to leave if they believed they could live in some other place. So people remain in Harlan. Violence for many is a way of life. Food prices are outrageous. For those who have housing, living conditions are outrageous. For others," housing is non-existant. Many of these type of problems reach the legal services office. Perhaps a distinguishing characteristic of many, although certainly not all cases the office received, is a sense of urgency. I had a case in which a man and a woman lived together for 10 years and then separated. Nothing particularly unusual. However, the man threw our client out of their house without permitting her to take a thing. He threatened her with violence if she came back to try to take any of her belongings. A person follows the progress of any legal action fairly closely when she has to borrow just about everything, including her friend's underwear in order to get by. Perhaps one reason such an urgency develops is because people act with little regard for, or have any conception of, the rule of law. Before the legal services office opened, most people had no access to legal help. The private bar did not offer much help because people could not afford a private attorney. (My impression of the private bar is they had very few interests other than obtaining legal fees.) This criticism may be unjust, but it probably isn't. As a result, many people ove.r the years have had very little contact with the legal system, especially concerning civil matters. They thus have a tendency to disregard the law and act as they please. A client of ours whose parents totally dominated her life, ran off to the local Martyin' Sam across the state line with some boy. She stayed the night at her in-laws. The next day her parents received word of the wedding and went after her. With shotgun in hand, pointed xat the offending in-laws, her father forcibly took her home. When her father was told he could not do this as well as many other things he was doing, this Seventh Day Adventist said, "There are two types of law, man's law and God's law. I follow God's law." Work did have its share of disappointments. Many of these disappointments involved a feeling of futility when I saw much hard work, botfTmy own and the work of others in the office, go down the drain. In my first week at work, our directing attorney represented a woman in .. divorce/child custody proceeding. Our attorney brought out evidence that established the husband beat his wife and bootlegged among other things. The judge awarded custody of the children to the wife and issued a restraining order prohibiting the husband from being with the wife or children except in limited circumstances. Two weeks later husband and wife could be seen walking hand in hand on Main Street. As far as I know, they remained "reconciled" for the rest of the summer. On the whole I enjoyed the summer very much. Above all else, the work provided an extremely rewarding .experience. However, when not working, life was pretty dull. Unlike the attorneys in the office, however, I made a minimal commitment. Knowing I would leave at the end of \he summer, I tried to ignore the absence of what we all take for granted, such as recreation, and sublimated all my energies toward work. I came away with a partial insight regarding a small town in Appalachia, the role legal services plays in this town, and the way in which such services helps to make life a little more pleasant for many people who otherwise would be forced to go without any such help. Much of what I say appears to be assertions that a person who has stayed in an area for 10 weeks has no business making. Much of what I say in this article comes from The Watchers of the Night by Harry Caudill and conversations from people who have lived and worked southeastern Kentucky for some -Bill Brooks years now. October 12 Opinion 5 �Culinary Counsel Karen's Kitchen: A Delightful Tour Through A There is a medley of recipes included here all tried and tested on various people few of whom were vegetarians. The Bran Muffins go with any meal and are a snack in and of themselves. I like adding apricots it makes them very rich! The Granola is fattening but terrific with sliced bananas for breakfast. It also makes a great gift. The Baked Shrimp are a nice start to any meal. Yianni's Restaurant offers something similar as an entre which could be duplicated by doubling or tripling the cheese sauce. The Japanese GardenSalad is a variation of the well known spinach salad with bean sprouts and soy sauce providing an oriental twist. - — — by Karen Spencer For those of you who are Jason's Birthday Zuchinni will 1 egg V* c. heavy cream V* c. crumbled feta cheese Tabasco sauce 1 large tomato, peeled & sliced juice of Vi lemon 1 tbsp. chopped parsely Cook shrimp in butter until pink. Transfer to a baking dish. Combine egg, cream; add cheese & tobasco to taste. Pour over shrimp. Top with tomato slices. Bake 10 minutes at 400. Squeeze juice and sprinkle with parsley. Japanese Garden Salad 6 c. torn spinach Vegetarian butter 6 tbsp. flour Paradise minutes. Let cool slightly before serving. Serves 6. pinch cayenne pepper % tsp. salt VAc. milk grated parmesan cheese Vi c. grated sharp cheddar Vt tsp. cream of tartar Spinach filling 2 pkgs. spinach, cooked and drained well 2 tbsp. butter A c. finely chopped onion % tsp. salt 'A c. grated cheddar cheese Vi c. sour cream 'A Ib. Cheddar cheese, sliced Spencer Special Spiced Raisin Cake One of my family's favorites handed down ever the generations that always appears at family gathering - 1 box raisins and 2 cups hot water. Boil 5 minutes. Remove from heat and add 1 cup cold water. Set to cool. Cream Vi c. butter with 2 c. sugar. Sift: 4Vi c. flour, 1 tsp. salt, 1 tbsp. soda, 1 tsp. cinnamon, 1 tsp. nutmeg, 1 tsp. ground cloves, 1 tsp. baking powder. — 3 c. bean sprouts 2 C. carrot slices (made with a peeler) 'A c. almond slices. Mix all ingredients add raisins Grease bottom of jelly-roll pan; and water all at once. Bake in a 9 line with wax paper, grease with X 13 inch pan at 325 degrees for butter. Melt 1/3 c. butter. 45-60 minutes. Soy Sesame dressing: 2/3 c. oil, 'A c. maple syrup, 1/3 o. vinegar, 2 tbsp. soy sauce, 2 tbsp. toasted sesame seeds, 1/3 tsp. dry mustard, 1/8 tsp. ginger. Editor's Note: Culinary Counsel would like to apologize to any readers who may feel their interests have not been properly represented in this column. The fact is, until his recent confrontation in the hallway with a certain law librarian, this neglect was unknown. Culinary Counsel would be very happy to make his column responsive to his reader's tastes, if only he is made aware of them. Therefore, if there is a particular topic you would like to see covered, or if you have some favorite recipes you would like to share, drop a note in the envelope outside room 623...Recipes should be typed, 70 characters to a line and double spaced. As the cold approaches, Culinary Counsel will devote a column to something which warms the soul soup. Please share your favorite recipes with us. wondering if that's really Paul send sour cream lovers into Suo/zi in the apron and chef's hat ecstasy and the Guacarnole Eggs is you're right, it's not. I could the next best thing to San say that Paul went into a coma Miguel's guacamole in Boulder, - Colorado. The two entres, Law Library Luncheon Special and the Melan/ana Manicotti, are proof that meat does not make the meal. The1 Spencer Special Spiced Raisin Cake is one of my family's favorites handed down over the generations which always appears at family gatherings. It calls for sugar and it probably just wouldn't be the same without it! It's really great with a cream vegetarian, I am constantly cheese frosting. seeking new recipes which not Enjoy!!! only are a delight to the palate but are healthy, too. I am not a fanatic vegetarian nor am I Karen's Bran Muffins Vi c. flour looking for converts. I just want V> tsp. salt to share the joy I have found in Vi tsp. soda meeting the challenge of changing 1 tsp. baking powder one's lifetime eating habits. last week after eating too much homemade ravioli and someone had to fill in for him. But what really happened is that I accosted hirrr in the halls of O'Brain after the last issue and accused him of not having a column dedicated to vegetarians. Since he is still recovering from that encounter, I borrowed his apron and hat for this week's issue which I am filling with my favorite recipes. As a recently converted — My change to vegetarianism was gradual and in fact is not total as I still eat fish. People often ask, "Don't you miss a real juicy steak or crave a Big Mac now and then?" My answer is an easy no. My desire for beef disappeared long ago when it began tasting like cardboard and a Big Mac, well, that belongs with all the other fast food and processed foods which taste like sawdust. Anyway, there are so many more interesting foods to be eaten that I see meat and poultry as a waste of stomach space! Preparing vegetarian foods is more fun and certainly much cleaner. The absence of animal fat is the greatest way to keep a stove and oven clean. Returning for a moment to the idea of changing one's lifetime eating habits, there remains the tangetial,issue of sugar. Because I now eat not only for enjoyment but also to feel well, the amount of white sugar in my diet is of concern. Being a hot fudge freak and trying to eliminate sugar is a contradiction with which I am resigned to live. (A life without hot fudge hardly seems worth living!) However, I have managed to cut down on my sugar intake by substituting honey in recipes which call for sugar and using only half the amount. Molasses and maple syrup are also alternative sweeteners whose 'Ac. raisins Vi c. sunflower seeds V> c. nuts 1 c. bran 1 egg Vi c. sour milk 3 tbsp. molasses 1 tbsp. melted butter Mix 1, 2 & 3 separately, then together. Add 1 mashed banana and large spoonful of honey. Fill well greased tins 2/3 full. Bake 20-25 minutes at 375. Variation: add chopped apricots or other fruits and nuts. Granola 5 c. oats 1 c. each: sesame seeds, sunflower seeds, cashews, almond slices, non-fat milk powder, .soy flour, whijat germ, bran, coconut, raisins, dried apples, apricots. 1 c. honey 1 coil cinnamon Mix dry ingredients except dried fruits. Season with cinnamon about 2 tablespoons. Pour honey and oil over the mixture and stir until everything is well, coated. Bake for V* hour at 350 and Vi hour at 300, stirring every 15 minutes to avoid burning. Add fruits when mixture comes out of the oven. flavors many take some getting Baked Fresh Shrimp used to by those whose childhood with Feta Cheese was filled with Three Muskcers 2 fresh jumbo shrimp or Mars Bars. 2 tbsp. butter 6 Opinion October 12 — Remove from heat and stir in flour, cayenne & Vi tsp. salt until smooth. Gradually stir in milk; bring to boil. Stirring, reduce heat, until thick and leaves Mix and chill dressing. Pour over bottom of pan. Beat in Vi c. mixed salad ingredients. Parmesan and 'A c. cheddar. With wire whisk, beat yolks and beat Jason's Birthday Zuchinni into the cheese mixture which 8-10young'/uchinni should be somewhat cooled. Beat I /3 c. butter egg whites with 'A tsp. salt and 3/4 c. grated cheddar cheese cream of tartar until stiff peaks 'A c. grated Swiss cheese form. Fold carefully into the 1 c. sour cream cheese misture. Bake in jelly roll '/> tsp. salt pan for fifteen minutes at 350. 1/8 tsp. paprika Saute onion, add cooked spinach, 'Ac. chopped chives salt, 'A c. Cheddar and sour cream. 'Ac. bread crumbs Loosen edges of souffle with a grated parmesan spatula, invert onto wax paper sprinkled with parmesan. Peel off Cut zuchinni lengthwise in havles wax paper. Spread filling and roll or quarters depending on their up from the long side. Arrange si/c. Steam until barely tender. cheese slices over top; broil just Arrange them in a buttered until cheese melts. Serves 8 casserole dish. Melt butter, mix in generously. cheeses, sour trpam and seasonings. Pour '■ mixture over Melanzana Manicotti zuchinni. Sprinkle with bread 2 medium eggplant crumbs, dot with butter and top Filling: with parmesan cheese. Bake at 1 lbs. ricotta 350 for 45 minutes. 1 Ib. mozzarella 3A c. grated parmesan Guacamole Eggs lots of raisins Blend 1 ripe avocado, 'A cup 2 eggs yogurt or sour cream, 1 tbsp. 2 tsp. cinnamon lemon juice, dash tobasco sauce, 1 2 tsp. rosemary, crushed tsp. salt, 'A clove garlic, mashed. 'A tsp. salt Add 1 tomato, skinned and fresh parsley and seal I ions, chopped. Saute chopped onion in minced butter and scramble 5 or 6 eggs. Red wine to moisten Spread slices of whole wheat toast 3 cups Italian style tomato sauce with avocado mixture, add eggs, Mozzarella, grated and top with more avocado mixture and a slice of tomato. Slice eggplant lengthwise into 'A Muy Bueno!!! inch slices. Steam until just flexible enough to roll. Mix filling. Law Library Luncheon Special Spoon filling onto each eggplant (Cheese spuffle roll stuffedslice and roll up. Arrange them in . with spinach) a large baking dish and cover with Cheese souffle tomato sauce and grated 7 eggs, separated, room temp. mozzarella. Bake at 350 for 30 .~ - LATKOi PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume is a must! We will typeset & print your, resume in a style that suits your needs. We can do it faster & for less. better* 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. -->-•" (North Campus) y'■ '834-7046 ~ �Short Relief Playoff Fever... Catch It! Maria Colavito Having just watched the all. Because five big playoff games replays of the Yankees-Red Sox playoff game for about the tenth and possibly a World Series game time I cannot figure out how, loom large between my writing anyone coiJld find baseball boring. this and your reading it, I am a I also cannot for the life of me little reluctant to make any figure out how anyone could be a predictions here. The truth of the diehard baseballfan for more than matter is the last two matchups of twenty years or so. I am sure that the Yankees and the Royals have if some demographer took the been both surprising and close. At time to check into this he would first that was what was so finrd populations with major surprising about them. However, league teams nearby have life the Royals have proven beyond a expectancies which are doubt they are a strong team, and considerably shorter than the the Yankees have proven beyond populations in those areas which a doubt they do not play their aren't exposed to no hitters and best ball on an artificial surface. ninth-inning rallies all summer The Yankees entered the long. (Not to mention the kind of playoffs with three things going divisional race to which we have against them they played all been subjected since mid-July). without the rest which the Royals There is no doubt every had prior to the playoffs, they Yankee (or Red Sox) fan who played without Willie Randolph watched the playoff game for the and were thus forced to start a Eastern Championship ended the relatively inexperienced rookie on game a little lesVstable than when the artificial surface in Royal he or she began. Such games have Stadium where Randolph's extra to take their toll on the fan, speed and reflexes might have maybe more so than they take on been invaluable, and they were the players, because the fan really forced to go without Guidry in has no control over what's the starting game, a factor which happening. The players arc so would have given Kansas City the involved with the pressure and psychological edge. with the necessity of hitting or But even as I write this, the fielding the ball they don't have Yankees are the proud owners of time to get nervous. a 7-1 win over Kansas City in the Jerry Gerard, the sportscaster first game, so it appears none of for WPIX in New York (who is a the handicaps mentioned above show unto himself) brought the had much of an impact on the whole pressure thing into team's performance. Anyway, by - perspective when he commented on the tension created by the Red Sox in the bottom of the ninth of the playoff game. Gerard said he himself was so drained he "checked the local hospitals and found that during the bottom of the ninth the birthrate in New York went up 8%, 6% among women who were already pregnant." That just about says it the time you read this, the playoffs will be history. No matter what happens, no one will be able to take away from either the Yankees or the Red Sox the fact that they won more games than any other team in the major leagues (although I think it does take a better team to make up a 14/2 game deficit than it does to blow a 14'/> game lead). My roommate was astonished that I could let my last column go by without any mention of the Ali-Spinks fight, and when I tried to explain to him that I know nothing about boxing (apart from what I learned watching Paul Newman play Rocky Marciano in "Somebody Up There Likes Me") he said I shouldn't have to know anything about a sport to write about it, if I'm a good sports writer. I did at least watch the fight (on a second television set poised carefully above the one broadcasting the Yankees-Red Sox game from Fenway) and it didn't seem to be the aggressive fight I would have thought the heavyweight championship should be. But it was an interesting fight The rear guard surrounds the refreshment table at the Dean's October from the standpoint that both Bash. Guests were treated to spirits, munchies and the Yankee's 6-5 fighters appeared to be trying to victory over the Royals. break out of the molds they were cast in after their last bout. AM From the Stacks seemed to be working hard to convince everyone that he wasn't lazy and over the hill; Spinks was trying to be more than just the young punk who beat up on someone who wasn't really trying. on reserve are course related items by Karen Spencer Well, Ali succeeded and Spinks specially requested by faculty and didn't. Ali looked to me as if he prior exams. This morning on the radio I had a lot more stamina than The Circulation/Reserve anyone ever suspected was left in heard about a woman in Department could not function him. And although I'd love to Bloomington, Indiana who was without its many student have Spinks on my side in a street jailed for not returning twenty assistants. They tirelessly fetch fight, it appeared to me that he aooks to the University library or books from the reserve collection, has very little finesse in a ring. paying a $300 fine. I guess reshclve books in the stacks, file Somebody remarked that he libraries are getting desperate but in a multitude of looseleaf fights almost as well as he drives, sublicity like that does not do services, fix copy machines, which doesn't say much lor his nuch for public relations. We answer the same questions technique. In any case, as much as nave never jailed anyone for repeatedly on both library and I disagree with some of ibusing their borrowing privileges non-library subjects, and generally Muhammed Ali's views on life, but we have been known to notify perform a vital information liberty etc., I think he has a lot the bursar to checkst op an service. Shirley Choises maintains the more class than Spinks and he individual's registration. We have" gives better interviews too, and as ilso been known to negotiate a reserve collection. With different far as I am concerned those are as icltlcment our circulation staff courses being offered every good reasons to be heavyweight can be very friendly. semester, there is a complete And that brings me to the change of items which faculty champ as any. subject of this week's From the place on reserve. So that students Stacks: the Circulation/Reserve know what is kept on reserve, Qcparlmcnt. It occurred to me Shirley makes a list which is kept that library users see only the in a notebook at the desk. barrier of the circulation desk. I Bettc Waif is responsible for use that term both literally and Interlibrary Loan service. Being figuratively. I thought it would be the only major research law helpful to go behind the scenes library in western New York, we this week and sec what really goes receive numberous requests from on back there. other libraries to borrow It is obvious that this area Is materials. Bette also handles the hub of library activity it is requests from law faculty and where you check out and return students who need to borrow books. Loan policies are discussed materials from other libraries in the library guide, a handout when our collection cannot meet available at the desk. We maintain their needs. Interlibrary loan a manual record system so we request forms are available from know who has what and when it is the Circulation Desk. due. We accept renewals by phone Carol Newhouse is the night but will not disclose borrowers' circulation clerk. In addition to names as a matter of privacy. As overseeing day to day operations the main service point, lost and during the evening hours, Carol found and keys to student keeps the circulation records organization offices are located up-to-date. here. Mary Ann Wachowiak is head The Reserve Collection is of the Circulation/Reserve another major function of this Department supervising all department. It consists of high use operations, staff and student items like: treatises, casebooks, assistants. Any problems or hornbooks, dictionaries, questions with policy or looselcafs, New York materials procedures should be directed to such as McKinney's, New York Mary Ann. Jurisprudence and formbooks, No -we won't send you to jail current federal finding aids.such and will try not to create more of as US Law Week and a barrier than the physical "desk" Congressional Index, itself. If there is anything you restatements, and current law would like to know, just ask! If reviews. The permanent reserve you are too shy to ask in person, collection is a common feature of put it in writing by using our most law libraries providing Bitch Tickets available at the equitable access to all users. Also Reference Desk. Looking Behind the Desk At Circulation/Reserve ta/fetr 1979 Books Are Here! All 1979 & 1980 Gradudtes Who Have Paid OR Wish To Pay Their $100 Deposit May Pick Up Their 1979 New York Volumes. ANYONE WHO HAS NOT REGISTERED WITH BAR/BRI SHOULD CONTACT A BAR/BRI REPRESENTATIVE BEFORE OCTOBER 31. October 12 Opinion 7 �Panel Gives Views On Public Interest Practice continuedfrom page one pointed out, much of the Center's attorney for six weeks. work is directed, against From that inauspicious government policies and beginning, the Law Center, which programs, a great deal of care handles local problems only, now must be taken when a staff supplements $40,000 in annual attorney prepares to speak out contributions with CETA, VISTA, against a governmental unit which state contracts and donations of is funding the Center. services to meet its annual budget It appears government grants" of $150,000. Meyerson "attributes and support provide a means for the success of the Law Center to creating a public interest law four factors: (1) an ability to get center. But Alex Polikoff, of support from leaders of the Business and Professional People Arizona Bar and the ABA; (2) for the Public Interest in Chicago, support from key liberal members Illinois, has established a very of the Bar; (3) the careful successful public interest center choosing of litigation so as t< vvith no government aid at all. establish credibility in the Two thirds of the BPI budget is community; and (4) the provided by foundations which willingness of the staff attorneys support the goal of a public to take the risk of working with interest law center. The remaining sacrifice and without the security third is provided from contributions of business and of an established law firm. The Public Interest Law professional people in the Chicago Center, in addition to providing community. Mr. Polikoff has legal services in the fields oi found by reaching beyond the utility ratemaking, consumer law legal community and into the and law for the elderly, also business and professional provides non-legal aid in community as a whole, he has substantive areas of the law. The been able to fund a staff of four ability of a local public interest full time attorneys who provide Jaw center to branch out into their services on an impact basis. Michael Tiger and Ramsey non-legal substantive areas is not unique to Arizona. The Center for Clark have been able to provide Public Representation in Madison, legal services for the public Wisconsin also provides advocacy interest, not by seeking training and research programs in contributions or grants, but by addition to its legal services. acquiring funds from the legal Louise Trubeck, Executive system itself. Clark's law firm, the Director of the Center, noted that Legal Services Corporation, is a although the Center was similar to business comprised of four Meyerson's, her's exists more as attorneys, operating in New York an alternative to help fulfill legal City. Clark's philosophy is that if needs rather than as a law firm. taxes, contributions and rich The $520,000 annual budget people will not pay for legal for The Center for Public services for those who cannot Representation is paid only in afford it, then lawyers themselves small part (15 per cent) by private must bear this burden. contribution. The remainder of The attorneys at the Legal the money is found through Services Corporation divide their contracts with all levels of time into thirds. One third of government. Because, as Trubeck their .time is spent in the practice _ — ———————~-—^^^^^^^mm^^^mtAmmmmmmmmmmmmummmm!t!mmwmKmmi I. to r.: Thomas Headrick, Marshall Breger, Jacob Javits, Alan Carrel backing by any recent law school graduate. His calculations begin with the assumption that four attorneys just out of law school have the capacity to borrow a total of $50,000. Half of this capital must be used for initial starting costs. Figuring approximately $16,000 per supplemented by providing month, or $192,000 per year is services to groups. Each attorney needed to run the law practice, has an income of $50,000 a year, the remaining $25,000 of capital which, Clarks points out, is the provides a 35 day "float". If the attorneys charge the salary earned by a judge. average fee of $75 per hour for Tigar's Washington, D.C. based their services, 2560 hours or 640 law firm operates on a principal hours per attorney are all that is similar to Clark's. In Tigar's firm, required to maintain the law 40 per cent of the work each office. Thus, if each attorney does attorney does is devoted to free 700 hours of legal work for the cases, primarily those directed $75 an hour fee, each attorney against secret police. Tigar will be able to spend suggested this type of public approximately 40 per cent of his interest practice can be entered or her time on pro bono public into without any major financial interest matters, make an of law at standard rates, approximately $100 an hour. One third of their time is spent on representing those who cannot afford to pay the full rate but who do not qualify for free services. The remaining one third of time is devoted to pro bono legal work. The practice is often paulsuozzi adequate income and pay back the initial loan. If all observers of the seminar did not leave with" a renewed feeling of obligation and a desire to work for the public good, at least we all left convinced that if we would, we could. A system of public interest law can only be as successful as the environment in which it exists. The problem is not making it possible to maintain a public interest law firm but to convince an attorney to participate in it. Ramsey Clark summarized the problem when he noted this system of public interest law will not work until the values of attorneys have changed. Attorneys must stop thinking in terms of acquiring masses of money, and must instead consider allocating their time so as to best serve the public interest, Clark said. Program Praised But Questions Remain -continued from page one advertised when the school tries to recruit minority students." "The school should tout it; it's a drawing card for the school," said Armstrong, who was involved in recruiting students last year. Presently, the classes are being taught by Professor Joseph Laufer and the teaching assistants for Professors Marforie Girth and Paul Spiegelman. Laufer, who has been involved in the program since its inception, expressed some degree of satisfaction with the program, but feels that a number of crucial questions have to be answered. "The minority program is off to a very good start. However, nothing is fully satisfactory, and there is always room for improvement for what we're doing,"said Laufer. "I see these people constantly and keep tabs on what they're doing. I probe their minds to see if they understand what they're doing. These students are very serious," said the veteran professor. Laufer expressed concern that there didn't seem to be any clear policies on minority admissions. "There is an insufficiency of 8 Opinion October 12 thinking around here. The faculty committee and the Dean must come up with clear cut policies on the question of minority admissions. I'd like to see the faculty collectively sit down and talk about the reaction to Bakke. Who is educationally disadvantaged? How many students can we take into the program? What are our resources," said Laufcr. In regard to the number of black students in the law school, Laufer said, "It bothers me greatly the small number of black students that we have. Honest efforts are being made, but we have not been successful in attracting the numbers that we should." "Why don't we have more blacks and people who were born here? We have to define minority. Is it the handicapped," asked Laufer, "or the increasing number of Mexicans who are coming into this country? Where do we draw the line?" "What's the limit on equality, and to what extent is the state responsible for equality? How much do we owe the blacks and the Indian? These are the questions we must address," added Laufer. ENROLL BEFORE OCTOBER2O forSummer New York Bar Exam Manno-josephson/BRC Hiiii^Hlßimii BEST OF BCfTH WORLDS IMOI«OAD«*AV SUITE 501 M* Vo»« MfW VO«K 10036 21! J3O-TJ49 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3c168ca1066eae7e253764898d104e9c.pdf 3481b01064620b70d6a98db51bac23cc PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 4 Opinion State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 October 26,1978 Public Held Meeting On Bill of Rights by Alan Beckoff resourcefulness of the people, regulation, and judicial review "We are in the midst of a have made the American system judicial retreat from the" spirit of flexible. Ironically, the Supreme the Warren Court. What started Court, ''the most unout as a philosophical retreat may representative, least democratic become a substantive one." branch, would come to be a conSo said Henry Steele tinual constitutional convention." Commager, the noted constitutional historian, in his The due process clause of the opening address last Monday for a 14th amendment has been 7week-long symposium on the replaced by the equal protection future of the Bill of Rights. clause as "the center of gravity" Panelists at grade referendum. I. to r.: Dean Headrick, Prof. Konefsky, Commager, who is Simpson of liberalism, Commager said. Assoc. Dean Carrel. Lecturer in History at Amherst "The application of equal College in Massachusetts, made his protection promises to be the speech to more than 300 people major point of future problems of in the Moot Courtroom. The social justice." He emphasized he conference was presented by the was speaking not of equal laws, Citizens' Forum and was but of equal protection of the sponsored by various legal and law. Citing the examples of New civic organizations, as well as by by Paul Bumbalo system has been in effect since to create new ones. "There is no the law school. York Times reporter Myron 1969 when it replaced a numerical perfect system," the Dean pointed Commager cited some Fa.rbcr and Attorney General An open meeting was jointly grading system. There are many out, "there is always some defect instances in which rulings by the Griffin Bell, Commager said, "A sponsored by Dean Headrick and problems with the present grading present, depending on one's Burger Court have watered down reporter who will not obey a the Student Bar 'Association on method. Employers who do not perspective." the advances made by its court order to produce documents According to Canfield's October 17 to inform the student have much contact with the "The Warren Court (for a murder trial) can languish in body of the issues raised by the school find it confusing. Another pyscho-sociological view, "highly predecessor. (in Brown v. Board of Ed.) said jail. An attorney general who Academic Policy and common complaint is that the Q competitive schemes are that separate was inherently not contumaciously refuses to obey a Programming Committee's range, which encompasses counter-productive to intellectual equal. Is it okay now to dispense federal court order to produce proposed grading changes. A approximately 70 per cent of growth." Konefsky is also in favor Brown? Can we dispense documents (for a suit against the with distinguished panel consisted of grades received, is overly broad of keeping the status quo, though with Miranda? Have advances in government by the Socialist Dean Thomas Headrick, Associate and does not provide sufficient he would prefer a more radical criminal justice been made?" he Workers Party) even more vital to Deans William Greiner and Alan feedback to students and pass/fail grading system. asked. In 1972, "capital justice can persist in his employers. Allan In prospective Carrel, Assistant Dean To Greiner, a major problem is punishment was suspended contumacy for over a year Canfield, Professor Fred addition, it creates an attitude of "maintaining the integrity of the because it was used against without inviting either dismissal Konefsky, and third year student mediocrity among those students grading system." D's and F's stick blacks," but the same court or impeachment." Kathie Drumm. The panelists receiving many of them. out on a student record, acting as reinstated it in 1976, Commager He also noted that while sellers proposed purpose The of the it is presented their views before a major penalty because pointed out. "Are courts of marijuana are subject to 10 to grading changes is to eliminate or "crystal clear" what they approximately 80 students. colorblind overnight?" 20 years in prison in some states, The present H,Q,D,F grading diminish these problems and not represent. Likewise, the receipt of The professor began his talk cigarette manufacturers are an H carries a "high reward" with a brief historical sketch. "honored members of society because it is easy to figure out "The rigidity of the Constitution who sit on boards of trustees and that it represents the top grade. A was an illusion," he said, claiming on whom universities gladly Q, on the other hand, means that amendment, custom, continued on page S by John Stainthorp questions, comments, and stories "different things to different Greiner, According to It is 9:30 p.m. on a Thursday of mistreatment at the hands of people." evening. A small group of students the criminal justice system the übiquity of the Q is gathered around an instructor. continue. Shortly before 10 p.m.r (approximately 70 per cent of the They are discussing whether race the class ends and the students are grades doled out) may create or poverty is the most important given evaluation forms to write within the student a feeling of factor in assuring injustice in down their comments and mediocrity because of the Q's criminal cases. The instructor, a criticisms on the class and the nondescript nature. As a result of these perceived white lawyer, thinks it is poverty written materials. Most of the Greiner made several problems, enthusiastic, comments are were charged and says that if he APPC in the spring of proposals the instructor to with a crime he would much though one suggests to rectify the designed 1978, answer questions rich black than a would not to be a prefer reasoned, since Greiner pinned he was situation. poor white. The students, mostly directly unless black, disagree and point out that down. Everyone thinks the class the majority of the faculty any black person coming to trial was useful, but says less material members informally apply Q+ and in Erie County will almost always should have been covered and 0- classifications, formal face an all white jury from the more time should have been spent implementation of these practices suburbs,,which will bring its deep, on each topic. Covering the whole would facilitate recognition of the though sometimes subtle, racism of criminal procedure in three above average student and identification of the less than into the courtroom. The hours/s quite a feat. student. Later, Greiner course people average black do The scene of this instant instructor agrees, not get a fair trial, but neither, he in criminal justice is a community advocated the adoption of an A, points out, do poor whites. center on the east side of Buffalo. B+, B, B-, Pass/Fail system ruling Everyone agrees on that and the The event is the first class of the out any possibility of a ranking discussion moves on to a, fall session of the Buffalo system. Reconsidering his position, description of how a trial is Community Law School (CLS). Greiner has since retreated to a community The students are conducted. The class has lasted over two residents who have no particular less radical position. Possible analysis of the and a half hours and the formal education, but who want proposals: hard Distinguished legal historian Henry Steele Commager opening Bill of -continued on page 8 -continued on page 8 instructor is exhausted, but the Rights Assembly, speaking about Equal Protection. Grades Are Topic Of Forum As Proposals Are Discussed Guild Helps Community �Vol. 19, No. 4 Guest Opinion Oct. 26,1978 Ford Pinto Issues Illuminated Editor-in-Chief Jason Poliner Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Alan Beckoff, Steve Blumberg, Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colfcvi.to, Carol Gardner, Jay Marlin. ' Contributors: Tim Cashmore, Stuart Gelberg, Melanie Pierson, Kevin Powers, Bob Siegel, John Stainthorp. Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the. Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of. Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Making The Grade On Monday and Tuesday, October 30 and 31, students will have the opportunity to express their views regarding the proposed change in the grading system. The importance of this referendum cannot be overstated. Opinion hopes all students will take the time to vote in this referendum. Take advantage of the material which the SBA has put on reserve and study the various proposals. There are undoubtedly problems with the present H, Q, D, F system. Employers are often baffled and do not know how to compare Buffalo students with students of other law schools. Students who receive, Q+'s on their exams receive only Q's on their transcripts; The system clearly presents some motivational problems. Changing the system to one which would greater differentiate students would surely benefit those at the top of the class in seeking employment. Some may argue, such a system is fairer than the present system in that grades would more clearly mirror performance. Such a system would, however, increase competition and make the plight of the first year student even more dismal. This law school has prided itself on creating an academic environment which maximizes learning and minimizes "cutthroat competition." Should we alter our academic environment in order to better facilitate potential employers' ability to evaluate us? Is the increase in competition too high a price to pay for a more conventional grading system? Whatever conclusions you reach, it is essential that every student make his or her preference known. The administration has stated that our opinion will have a bearing on the final determination. We must forego the opportunity to influence the decision making process. It is our future which will ultimately be at stake. . ,'m STGAT.N& Om "ftP^T.W ■'..•• / X , Last week's Opinion noted the indictment of the Ford Motor Company caused by defective Pintos. The writer raised some tough questions about the proper punishment for corporate crimes. When the media recently reported the sensational indictment, I recalled the conviction of General Electric in 1961 for antitrust violations, which led to fines and 30-day jail sentences for some of its officers. Then, as now, the legal community discussed the policy issues raised by corporate crimes, but they remain unresolved. Criminal penalties aim at coercionand deterrence. In this instance Ford is to be forced to reduce the risk of injury to those who are still driving the old Pinto and to deter all auto manufacturers from failing to comply with safety regulations designed to protect the public. In my view, the target for criminal sanctions should be the individual who is actually guilty of the prohibited act or omission. However, the complex organizational structure and decentralization of large corporations makes it difficult to identify the guilty individuals and to establish their liability. This difficulty seems to be the major justification for imposing criminal responsibility on the corporation itself. Obviously, neither a death penalty nor imprisonment are feasible penalties for a corporate entity. On the other hand, the burden of a fine falls ■ on shareholders who have not participated in the criminal act (and often become shareholders after the criminal violations take place but before they are ' uncovered). The separation of ownership, management and operations so characteristic of the supercorps, Billionaire and .Millionaire corporations,' explafhs why Opinion October 26 probationary sentence, might permit the corporation to resume declarations of dividends only at the end of a probation period of, say, two to five years during which no further violations of criminal law have taken place. Whether these and other proposals are to be accepted or will achieve any deterrent effect on our "megacorporations" and "multimillion corporations" remains to be seen. However, whether criminal liability of minicorporations can be justified is questionable. The individual guilty of criminal conduct in such a corporation is easily identified. To penalize him and the corporation seems not only rather unfair but does not further the goals of criminal law. The prosperity of publicly-held corporations becomes more and more important as their importance in the welfare and economic health of our society increases. The "me- gacorporations" as well as the multimillion corporate organizations which conduct the nation'sbusiness should be viewed as quasi-public institutions; their impact on our lives is enormous. In the seventies government agencies and public interest groups play a greater role than ever before in exerting pressure on corporate performance. Our large corporations realize more and more that their institutions must display good citizenship while they properly pursue profitability. The complexity of the policy issues involved in penalizing a corporate entity and identifying those truly responsible for their activities suggest that in attempting to reform the sanctions against corporate misconduct, we must also keep in mind the public interest. One way to do this is to impose a broad fiduciary duty upon the management of large enterprises. This duty will call for supervision, control, exercise of judgment, and affirmative action for the public interest in areas to be' characterized as touching the public interest. True, Lord Thurlow did not discover either soul or body in any corporation's anatomy. Yet, after the recognition of the changing social ro|e of our large corporations and the imposition...pf new fiduciary duties on their managers, we may one day discover that corporations have acquired a heart... Michael A. Schaeftler Associate Professor ofLaw Correction The letter to the editor affirmative action, represents the appearing in the Oct. 12, 1978 viewpoint of the National shareholders lack the means lo issue of the Opinion, written by Lawyers Guild, UB Law School prevent misconduct by corporate Charmaine Bissell and Gene Chapter, and not necessarily those officers and employees. On the Krause on the subject of the UB f the authors. other hand, one might argue that Law School's position on o one among the- many risks an investor takes in buying corporate stocks is the likelihood that the corporation may be fined. To the Editor: discussions. I welcome students Shareholders are neither who are interested in learning personally indicted nor convicted My name is Won Jo Kirn and I Korean or Japanese through the and thus no. stigma is attached to am a visiting law professor. My discussion of jurisprudence. I am them. In addition, their liability is specialty is administrative law and grateful to all the faculty and staff limited to their investment. I also lecture on tax law at my of this university who have One may wonder why should Law College, Kyungpook National afforded me kindness and help. I we not convict controlling University, Daegu, Korea, which think this is a good opportunity shareholders/owners who elect or has a sisterhood relationship with to research Anglo-American law, re-elect directors who they know ÜB. In addition to teaching, I comparing it with a Continental will formulate business policies participate as a leading memberof law system. I am really enjoying and, goals without concern to the the Korean Law the campus life here and I am Constitutional criminal means by which such Association, Korean Public Law learning much. Thank you. goals are to be met. Perhaps one Association, Korean should be sufficiently bold to Environmental Law Association, Won Jo Kirn an of these make analogy Korean Law Professors owner/shareholders to the Association, Korean Public German industrialists convicted Administration Association, and for War crimes in the Nuremberg Japan Tax Jurisprudence trials? Association. The justification for criminal am interested in discussion on liability of the endocratic theI issues of jurisprudence. My corporation rests to a large degree office, Room 722,0'Brian Hall, is on the assumed deterrent effect of always open to you for such sanctions on the conduct of corporate agents. To make this deterrence realistic a small fine has. at most symbolic significance "Stealing from one source is plagiarism. it is argued that pecuniary Stealingfrom many is research." a should be based on penalties -John Minzer Korean Prof Opens Door - - 2 percentage of assets, capital or taxable income. While individual shareholders are usually powerless to change corporate conduct, they can sell their shares. The likelihood of a drastic fall in the price of the company's stock as a result of a huge fine may put sufficient pressure on the board, management and, in turn, on the lower level officials to conduct the corporate business in compliance with law. Other penalties should be considered. What the death penalty is to the individual is basically what the mandatory dissolution would be to the corporation. Evidently, such a penalty could be used only in exceptional cases as the public interest represented by employee and consumer needs will usually militate against this drastic step. Conditional dissolution or probation may provide alternative sanctions. The terms of a - Quote of the Bi-Week �Rosenthal Petitions School To Add Entertainment ! To the Editor: growing field which Buffalo, as the only division of SONY having I am currently circulating a a law school, should not be petition within the law school. It overlooking. There is a definite requests that the administration desire among the student body to add a course in the field of see such a course offered. Entertainment Law to the course Thank you. offerings. Entertainment Law is a fast MichaelC. Rosenthal Treasurer Thanks All To the Editor: insure that the student voice will be heard on all faculty-student I would like to tahnk all committees on which I serve, and students for their support in the continue to represent student recent SBA run-off election for interests in any situation treasurer. As treasurer, I intend to concerning the law school fulfill the administrative duties of administration. the office to the best of my ability. As the student Charmaine Bissell representative, I will continue to I do*')- ««re «i</e if fo US a it scAi**f>hrcnjc / amifoiracy Name Class: Committee (APPC) will make a report to the full faculty on the possibility of a change in the grading system. I believe it is important for both the APPC and the faculty to know what student opinion is on the issue. I don't think the APPC or the faculty should act before student opinion is determined. It is not only important that we vote but it is critical that we cast informed votes. This is why SBA sponsored the open meeting, circulated extensive memoranda, posted articles and put on library reserve information concerning the various proposals. I hope everyone has taken advantage of this information but if you have not I urge you to do so before next Monday and Tuesday, October 30 and 31. At the time I write this it is our plan to put a ballot in everyone's mailbox. We've decided on this Policy by Tony Leavy October 30 and 31 I will take an ethics course if offered next spring. /te/ic+met-t ! f Cast Ballots On Grading Referendum there will be no ethics course next spring. You may sign up by filling out the form below and returning it to the Opinion office. Do not sign up more than once. For further information, leave a message for Ann Herman or Dennis Harkawik in thestudent mailboxes. ETHICS FORM ! ~Di*+ sfi II efowi'-l President's Corner Ethics Sign-up Form Dean Headrick has agreed to reinstate a 1 or 2 credit pass/fail ethics course in the spring if there is sufficient student interest. Tentatively, the course will be structured as follows: each student taking the course will be assigned to a discussion group of approximately 10 students. A series of ethics problems will be distributed. Each student will be responsible for leading class discussion on one of these problems as well as participating in other class discussions. Any student interested in this program must sign up before November 1. Unless a large number of students will commit themselves to taking this course, Sin\jts*»\ are important days for the law school. On these days the SBA will hold a referendum on the various proposals to change 1 our H-Q grading system. We are doing this now because Dean Headrick has indicated to me that on or about November Ist the Academic Planning and procedure so everyone will be able to take the time to carefully evaluate and study the various options. Actual voting procedure will be identical to that of past elections a ballot box in front of the library. I want to take this opportunity to thank the following SBA directors for their work on the referendum: Sherm Kerner, Dave Guy, Leslie Wolffe and Michelle Silver. - Shorts The SBA sponsored basketball league has started. There are about 60-65 law students playing. Major thanks goes to John Batt for organizing the league. We now have regular office hours. Please check the SBA door for the schedule and feel free to stop in. Our telephone number is on your student I .D. card. to/fen 1979 Books Are Here! All 1979 & ] 980 Graduates Who Have Paid OR Wish To Pay Their $100 Deposit May Pick Up Their 1979 New York Volumes. 2nd Year Reps Are: Tim Cashmore RandiChavis Gary B.Cohen Claire Fay Martha Krisel 759-6246 837-0572 836-4805 694-2678 838-6876 Gladys LaForge Ricky Samuel Jeff Serether Mike Shapiro KenTurek 636 4037 689-7572 691-3093 835-2058 692-6532 October 26 Opinion 3 �Public Interest Law Law School Goes Hollywood Score another first for our law school. We are about to invade the world of television. Henry Simon and Professor Marshall Breger are co-hosts of "With Justice For All: The Need For Public Interest Law." Date: October 28; Time: 4:00 P.M.; Place: WNED-TV (channel 17). The broadcast, taped during the recent Model Public Interest Law Conference at WNED's studios, features nine of the most distinguished participants of the Conference. According to producer Simon, a television newsman before entering law school, "It's exciting, lively programming. The production values graphics, camera use, set design are of network standards. In fact, we hope to interest PBS in making network use of it." Professor Breger suggests that "the program will be of special interest to anyone who attended the conference. And if you didn't attend, that's all the more reason to watch. In any event, *t certainly is a TV first." Whatever the future television use of the program, Dean Headrick is considering ways of making the hour-long program available on videotape cassettes to law schools, bar associations, and other educational organizations. Nine guests in one hour? — Proposition 13. Thursday, November 2, 8:00 p.m., Woldman Theatre, 112 Norton Hall, Amherst Campus (in Capen/Norton Complex, above the cafeteria). Free. Sponsored by Office of Cultural Affairs. BALSA Holds Law Day The Black American Law Student Association (8.A.L.5.A.) will be sponsoring Minority Law Day on Saturday, October 18, 1978 at SUNY at Buffalo School of Law, John Lord O'Brian Hall, Amherst Campus, from 11:30 a.m. to 4:00 p.m. The agenda includes such speakers as Rev. Bennett Smith of — Operation P.U.S.H., Charles Fisher 111, President of 8.U.1.L.D. organization, and City Court Judge Samuel Green and others. Two buses will be leaving from the Main Street Campus,, Squire Hall to the Amherst Campus at 11:20 a.m. and 11:30 a.m. Any questions call 636-2163 or 838-6327. Permit Needed To Study Dean Headrick Breger and Simon discuss TV debut. roll tape without Tom Ehrlich. Chesterfield Smith and Alexander Forger were getting edgy about catching planes. So we went ahead. Five minutes into the discussion, the studio floor manager walked onto the set. I thought she was stoned or I was hallucinating. It turned out that Ehrlich had just arrived at the station. We popped him into his chair, hooked the mike on his tie, and ten seconds later we were rolling again." Whether you're a tube freak or a public interest devotee or just want something to tease Simon and Breger about, here's a chance. Posner was educated at Yale "The bottom line," says Breger, and Harvard Law School where he "is that we did it." was the President of the Harvard Law Review. He clerked for Mr. Justice Brcnnan of the Supreme Court of the United States. He by Stuart Gelberg served as an assistant to Philip Elman, Commissioner of the Federal Trade Commission, and The sth Annual Washington worked for two years in the office International Law Weekend held of the Solicitor General. He has October 13 and 14 was a been a Professor of Law at the tremendous success. This feeling University of Chicago since 1969 was shared by its organizers who and has recently been named to saw it as the largest weekend ever the Lee and Brena Freeman chair. and by the participants" who Posner has been a Research benefited both educationally and Associate of the National Bureau by making valuable contacts in of Economic Research since 1971 the international law field. and is the editor of the Journal of The event was co-sponsored by Legal Studies. the Washington Regional Council On Friday, November 3 at of International Law, of which 11:00 AM, Professor Posner will the International Law Society hold a discussion hour for here at Buffalo is a member, the reaction to his major address. Law Student Division and the Faculty and students are invited Section of International Law of (room 210). the American Bar Association. The Weekend's purpose was to expose opportunities in the field of InternationalLaw. Every,-effort was made to encourage participants in the pursuit of their interest in this exciting field but the limited number of positions was made painfully clear. Schools across the country, from as far away as San Francisco, attended. One hundred and ninety-five students representing over twenty law schools made this Weekend the most successful in its short history. From a humble beginning in 1973 with only 50 students attending, the Weekend Professor Posner has become a well organized Simon replies, "It was damn near impossible, but I think we brought it off. Each guest had his say and then some. By using three segments we used three guests at a time. Logistically, it was tough to host. But the air product should be worth the worry. I guess the weirdest moment was when wo decided to Richard A. Posner is the Lee and Brena Freeman Professor of Law at the University of Chicago Law School and the principal proponent of the application of economic analysis to the explanation of the operation of the legal system. In less than a decade, Posner hasauthored more than 70 articles in legal and economic journals and six books, one of which, Economic Analysis of Law, has been the most controversial piece of legal scholarship of its time. Posner has authored leading articles in fields as diverse as Antitrust, Regulated Industries, Contract Law, Torts, Civil Procedure, Administrative Law, Civil Rights and Equal Protection, Communications Law, Health Insurance, Water Law, Advertising, Trust-Investment Law, Bankruptcy, Restitution, and has recently extended his interests to legal and economic intellectual history. Posner will make two public presentations here at Buffalo. On November 1, 1978 he will present the Mitchell Lecture entitled ''Privacy, Secrecy, and Reputation" in which he will extend the techniques of economics to an analysis of the human desires of seclusion and will consider the implications of legal definitions of an individual's right to privacy. On November 2, 1978 Posner will present a paper at the Law and Economics Workshop entitled "Utilitarianism: Economics and Legal Theory." Opinion Heilbroner To Lecture The annual James Fenton Lecture will be given this year by the prominent economist and writer, Robert L. Heilbroner. "Facing Our Economic Future: Inflation, Taxes, Survival" will address issues of legal concern, such as the implications of Posner To Deliver Mitchell Lecture 4 LAW SCHOOL BRIEFS October 26 A method has been worked out for students to study in O'Brian Hall in second floor classrooms for the hours 5-11:00 p.m. Saturday nights and 8-1:00 p.m. Sunday mornings. These are times when the library is not normally open. Students who wish to be in the building during those hours may avoid difficulties with security personnel by presenting a special permit letter from granting permission for the student to use the building during those hours. Students who need letters may see Cleo in Room 319. It is hoped that this method will increase study time and spaces for law students and enable the police to secure the building as they are required and obligated to do. Allan L. Canfield Guild Holds Potluck Dinner The next meeting of the National Lawyers Guild will be a potluck dinner at 49 Minnesota on Sunday, November 5 at 5 p.m.. The topic of discussion will be the question of Human Rights in socialist countries and what the Lawyers Guild position should be on this issue. Leading the .. discussion will be Dan O'Donnell, a guild member who recently returned from Geneva where he worked, for a year with the United Nations Commission on Human Rights. Everyone is invited to bring some food and attend the meeting. Int'l Law Weekend A Success program of visitations, workshops, lectures and banquets. Buffalo was represented by Steven Schurkman and Stuart Gelberg. After registration at George Washington University, the first day of the weekend was occupied by visitations. Groups of approximately ten people visited three locations in the District. These included international organizations, private law firms and government departments concerned with international relations or trade. The discussions at each of these visitations centered around the criteria used by each location in their hiring practices. The officials and practitioners related their own experiences in breaking into the international law job market. Questions were encouraged and proved helpful for individual situations. During the course of a visit to a highly respected, staid and WASPish private law firm, a question was raised as to their minority hiring practices. After an embarassing silence, the partner admitted to having hired Jews and Catholics. The first evening's reception in honor of Senator Mathias was held without the guest of honor. In the Senate's effort to adjourn, extraordinary sessions were held precluding the Senator from attending. The Senator's absence was the only disappointment of the Weekend. The second day of the Weekend commenced with a tour of Capitol Hill or a workshop on Research Methods and Resources in International Law held in the Library of Congress. These were followed by a luncheon at Georgetown Law Center. A panel discussion by representatives of government, American private industry and multinational corporations on the topic of Transborder Data Barriers: Privacy Protection Laws and International Trade followed. Before a windup of the Weekend at a banquet, there was a convenient break for the participants to watch the fourth game of the World Series. Due to rain delay, dinner was held until after the game. For those wishing to start or further their interest in International Law, there is an International Law Symposium on the topic of Tensions between National Sovereignty and Global Environmental Needs at Albany Law School November 10 and 11. Those interested in attending or in information regarding international law or the International Law Society here in Buffalo should contact Larry Cohen or Stuart Gelberg through their student mailboxes. �N.Y. Practice Text Indispensable For The Bar by Mike Buskus foi particular areas of law (e.g., EPTL, UCC, SCPA) are included. Similarly, related aspects of the Professor David D. Siegel of Judiciary Law and the Domestic Albany Law School has written a Relations Law are given adequate hornbook entitled New York consideration. Practice. This text, published in The initial chapters address 1978 by West Publishing threshold questions such as the Company, provides one-volume proper forum, statute of treatise coverage to all aspects of limitations, jurisdiction and civil practice in New York. venue. Subsequent chapters give Siegel, a veteran teacher of extended treatment to pleadings, New York Practice and theauthor judgments, appeals as well as the of many of the Practice mechanics of handling a lawsuit Commentaries in McKinney's from" its inception to a final CPLR, writes in his preface that appeal. he "tried to address every topic Stylistically, New York from the point of view of both Practice resembles a traditional the patient peruser and the hornbook. Nevertheless, Siegel has hurried consulter." ruthlessly edited his text and The book is outlined topically footnotes to eliminate irrelevant so it roughly corresponds with the citations. Thus, the attempt to standard casebook on New York exhaustively "collect" cases, a Practice [ Peterfreund, Foundation notion popularized in Prosser's Press]. In format, the text Torts hornbook, is notably resembles Wright's Federal Courts, absent. This is probably a good except insofar as it details idea, since many readers of the technical practice elements book will refer to this source for a peculiar to New York, such as general overview rather than as Calendar Practice and Motion the last word on any particular Practice. In substance, Siegel's topic. book is almost exclusively Readability of this text is devoted to New York State law, enhanced by the fluid writing with occasional comparisons and style and approach utilized by contrasts with federal practice. Siegel. Instead of merely Although this volume largely regurgitating an endless stream of represents a textbook treatment procedural rules, he has blended of the CPLR, numerous references them into a satisfying analytical to specialized statutory material framework. His treatment of long-arm jurisdiction is a good example of Siegel's approach to procedural law. He begins with a - discussion of the classic cases in the field, and details the apparent problems with this jurisdictional approach. He then updates this topic by a complete treatment of the statutory modifications to this problem area. He explains how the distrubing case of Feather v. McLucas prompted anamendment to New York's long-arm statute. While some areas of the text, such as the jurisdictional treatment, seem directed at The stage lights come on, red and amber. Thunderous applause subsides as the eight piece band takes its place on stage and launches an instrumental version of "My Back Pages." As the lyrics "... ah, but I was so much older then, I'm younger than that now ..." flow through the minds of the audience, Bob Dylan walks onstage, to a standing ovation. This is the stuff of which legends are made. At Memorial Auditorium, Dylan showed only flashes of his magical ability to involve the audience emotionally in the music. Unlike his previous tours, however, Dylan did communicate with the audience above and beyond just singing the lyrics and encouraged people to come near the stage. As an interesting commentary on the times, the audience no longer responds loudly to Dylan's statement that "... even the president of the United States sometimes has to stand naked," as audiences did on Dylan's last post-Watergate tour. Instead, audience response registered highest for the lament in "Like a Rolling Stone" when Dylan asks "How does it feel, to ' be on your own, with no direction home, a complete unknown, like a rolling stone?" A legend, whose name once sold out entire stadiums in a few hours, played to a three-quarters capacity crowd. The audience in Memorial Auditorium did not show the same enthusiasm as the audience in Syracuse, a concert also attended by this reviewer. In Syracuse, the concert sold out in four days. Despite the absence of sustained magic (as expected of a modern American folk-hero), Dylan's performance showed a great deal of growth in the complexity of his music. Old standards like1 "Maggie's Farm," "It's Alright, Ma," "It's All Over Now, Baby Blue" and "Just Like a Woman" have been reworked. The new versions reflect the complexity of the new band, which consists of a rhythm guitarist, lead guitarist, bass guitarist, keyboard player, drummer, percussionist, .axophone/flutist, Moot Court Team Competes winners of last year's Desmond Moot Court competition. The law school's National The Nationals problem involves Moot Court team will travel to the validity of a Federal Trade Boston next week to compete in Commission rulemaking the regional round of the national proceeding and a hypothetical competition. Th& competition, rule prohibiting the advertising of sponsored by the Association of sugared cereals during children's the Bar of the City of New York, television programs. The team has will culminate in late January in written a brief supporting the F.T.C. position but k, preparing to New York. Claude Joerg, Mike Buskusand argue both sides of the issue. Gary Alan DeWaal will represent Practice oral rounds, with faculty the school. The three were and Moot Court Board members selected to compete by the Moot sitting as judges, are being held Court Board early in the semester. this week to give the team Buskus and DeWaal were the experience in arguing the case. by Tim Cashmore technicalities of civil practice in this state. The book's usefulness is immeasurably enhanced by the excellent index, complete table of ■ statutes and comprehensive table of cases. 1 Siegel's book is destined to become a best seller. Already, rumor has ft some students in New York Practice last semester who relied extensively on this book- received Honors grades without ever opening the casebook. Whether or not that rumor is true, the book is probably indispensable for preparing for the bar. Spring Course Offerings Chosen; Stealing And Conflicts Featured by Bill Brooks It's getting around that time of year when we start thinking about our courses for the next term. Everyone anticipates the tentative course listing by the Registrar. As a service to the student body, Opinion has obtained a list of some of the courses being offered next term. These courses reflect a willingness to depart from the teachings of the "traditional" law school curriculum. Dylan Reveals Yet Another Side by Melanie Pierson students, other portions of the hornbook appear to be aimed at practitioners. This is especially evident in the discussion of apportionment of fault and the aftermath of Dole v. Dow Chemical Co. This portion of the text is particularly illuminating for its lucid treatment of the mechanics of apportioning fault, the role of insurance and the effects of settlement by other tortfeasors. Siegel's New York Practice is obviously a much needed book. In 1000 pages this text covers in incredible detail the vagaries and mandolin/violinist and three female backup vocalists. The band members all have considerable talent and were allowed solo time to display their abilities. The harmonies and the blending of instruments; as well as the flow of the music, bore the unmistakable mark of Dylan's control. The growth in complexity of the music becomes evident when the simplicity of Dylan and his acoustic guitar, rendering "Tangled Up in Blue" is compared to the version rendered by the present eleven piece ensemble. The entire evening, with one exception, saw Bob Dylan with an electric guitar. (The single departure into an acoustic performance was when Dylan played "It Ain't Me, Babe," and extended version that included a harmonica solo with the Dylan trademark around-ttie-neck harmonica.) Dylan's whole image was more on the side of rock n' roll than ever before. In reworking his old songs, though, Dylan experimented with a variety of musical styles rock n' roll, gospel, country western, disco, latin and segments that sounded like jazz. Yet all of these reworked songs were done in the style of Bob Dylan. He mixed old songs with songs from his new album "Street Legal," and closed with an ending as symbolic as the opening, a new version of "Forever Young." The audience, which varied from men with thinning hair to high school girls, was moved in varying degrees by the performance. Those who had come to hear a raspy voice and an acoustic guitar were disappointed. Those who had come to hear the growth of Bob Dylan's music (and to judge for themselves the merits of "Street Legal,") were delighted. — - Al Katz. This exicting seminar, taught two years ago, is being revived. However, the school hopes the outbreak of thievery that occurred two years ago in the school's lockers will not occur as it did after the students read How to Pick a Lock. The course itself will begin by studying the careers of Maury Wills and Lou Brock. Embezzlement will be discussed, suggested readings to include How to Buy a World Series with Embezzled Funds by George you know who. Other areas of law will also be discussed. Readings include On the Road with a Safecracker by Charles Kuralt and Them and Us: Criminals and Their Stealing Lawyers. - Jan Lindgrcn. preliminary and permanent, will be the primary Remedies Injunctions, focus of the course. However, other topics Will also be discussed. The class will study 42 U.S.C.§ 1983 and learn how it can be used to harass rednecks, policemen <md other people who never heard of the Bill of Rights. Aspirin, Bufferin, or Tylenol, the advantages of each. Relief for the allergy sufferers will also be discussed. What to take the morning after the annual section three blow-out. How to avoid manic depression when Lindgren hands back the first draft of the first writing assignment. Judicial Review, Superheroes and Other Fictitious People Konefsky Before judicial review existed there had to be laws. The impact of law has not been limited to the classroom or the courtroom, but has spilled over to literature and other forms of art and entertainment. This course will look at such a carry-over. Why were the villains that - - Superman captured always Sometimes these laws may conflict. This course will not focus on any of this. Instead it will look at other conflict of laws. The law of averages tells us that sooner or later an object is going to go up. The law of gravity tells us otherwise. Is this universal metaphysical dilemma irreconcilable? And what of Birzon's law and Ausfresser's law? The former states, "Any class that can be taught, can be taught at 8:30," while the latter declares, "Any class that can be taught at 8:30 should be taught at 1:30." For the Thursday afternoon basketball players we'll look at Bender's law: Any lay-up that can be shot, can be missed. Finally this course will look at the classic conflict of law in Bell v. Buskis. Resolution of Judicial Conflict. How do judges, particularly those on the Supreme Court, decide cases? How much do they rely on precedent? Are they influenced by social policy? Is the doctrine of Abstention still viable? One commentator thinks not: "After reading some of the opinions of the Burger Court, it sure looks to me like some of the guys drink." This course will also look at the new method of judicial resolution established by justice Rhenquist, the "Full Moon" theory. This was first promulgated in State v?Hard Luck Jones when the Justice declared, On Its face, the facts of this case certainly appear identical to the facts of a Warren Court decision in which the Court unanimously overturned the conviction of a defendant. However, this is not the case. Unlike the previous case, in this instance a full moon was present, thus altering the earth's tides, the earth's balance etc. A whole new concept of criminal responsibility comes into play. We thus overturn the decision of the Court of Appeals and affirm the conviction of the defendant. successful on their habeas corpus petitions? The use of Article 78 proceedings by the Joker and other arch-enemies of Batman. What recourse did Fred Flintstone have when he received an unfair This theory is very similar to the speeding ticket? How did the Biorhythm method of judicial Court of Appeals handle Maurice determination also expounded by Nadjari's conviction of Topcat for Rhenquist: "Counsel to the a bookkeeping operation? Law defense argues that the facts of school media guru Al Katz will this case are identical to tnat of give a guest lecture entitled Mapp v. Ohio. However, counsel "Kojack and the Fourth and the Court of Appeals didn't Amendment." take into account the biorhythms Conflict of Law. The federal of the individual defendants, government makes laws. The which were substantially states have their own laws. different. October 26 Opinion 5 �Culinary Counsel Pumpkin, Apples And Squash Grace Harvest Table With the exception of the soup recipe, the pumpkin referred to in each recipe is cooked pumpkin. This can be obtained by going to the local store and buying the canned variety or by cooking fresh pumpkin as follows: Wash and cut the pumpkin in 154 cups boiling water, salted 1 teaspoon salt 1 egg yolk, beaten 3 cups milk, scalded black pepper to taste 1 pinch cloves 'A teaspoon nutmeg 54 cup heavy cream Old Fashioned Pumpkin Pie/ from Maria Colavito 2 eggs, slightly beaten 54 Ib. pumpkin 1/3 cup sugar % teaspoon salt 5/8 teaspoon cinnamon 3/8 teaspoon ginger 1/8 teaspoon cloves 1/8 teaspoon nutmeg 2/3 cup evaporated milk (small can) 54 cup molasses croutons half, crosswise. Remove the seeds and strings. Place it in a pan, shell In a heavy covered pot, cook side up, and bake at 325 degrees for 1 hour or more, until it begins the pumpkin gently in the boiling to fall apart. Scrape the pulp from salted water, until tender, about 1 Editor's note: Culinary Counsel's the shell and put through a ricer next column will be devoted to or strainer. A one pound can of something which will help to ward pumpkin equals about 2 cups. off the chilling effects of winter soups. If you have a favorite Apple Crisp/ from recipe or two, please share them John Henry Schlegel with us. Drop them off in the (serves six) envelope outside the Opinion 6 cups sliced apples (about 6 office, room 623. Copy should be apples) typed, 70 characters to a line, 1 tablespoon lemon juice double spaced. 'A cup flour or oat flakes or oatmeal by Paul Suozzi Vi cup or more brown sugar 54 teaspoon cinnamon October is one of my favorite Vi cup butter or margarine months, a time when there is so much to enjoy. Indian summer Place sliced apples in buttered gives us a brief respite before the baking dish. Sprinkle with lemon blowing winds bring winter's chill. juice. Mix flour or oatflakes, The prospect of seeing the sugar, cinnamon and butter until Yankees win a World Series is ever crumbly. Sprinkle over fruit and hour. It is then pressed through a Preheat oven to 375 degrees. present (something their fans are bake at 350 degrees for 30-45 sieve. The beaten yolk is added In a large mixing bowl, again becoming accustomed to). minutes or until apples are tender. and the mixture is stirred into hot combine eggs and pumpkin. Add Another sure sign of the time is Serve with whipped cream or ice scalded milk, and seasoned lightly sugar, salt and spices. Stir in the the changing of the foliage to cream. with fresh ground black pepper, evaporated milk and molasses and oranges, reds and golds. For Maple Apple Crisp, use cloves and nutmeg. blend. Pour into a pastry shell and It is the time of the last maple sugar or syrup instead of Croutons are prepared by bake on a cookie sheet 40-45 browning little squares of rye or minutes or until a knife stuck in 2 harvest, when apples, pumpkins brown sugar. and winter squash are available to wheat bread in a skillet with inches from the edge comes out satisfy the appetite and delight Pumpkin Soup plenty of butter. Hot Pumpkin clean. the palate. Following are some 1 small pumpkin (about 4 cups Soup is poured into a large tureen recipes which will help you enjoy fresh pumpkin cut into 1 inch and garnished with whipped Pumpkin Bread/ from Maria Colavito the fruits of the season. cubes) cream and croutons. 3-1/3 cups sifted all'purpose flour 2 teaspoons baking soda Vi teaspoon baking powder 2 cups boiling water V/i teaspoons salt by Kevin Powers seeds crushed or to taste Coat the bottom of a heavy 1 teaspoon cinnamon 2 cloves garlic crushed It is autumn, and one's saucepan with a thin layer of olive 1 teaspoon pumpkin pie spice 1 teaspoon oregano oil. Add the onion and cook until thoughts naturally turn to 1 Ib. pumpkin salt and freshly ground pepper translucent. Add the garlic and summer fun and speculation on cup water 2/3 to taste how the Yankees did what they rice. Cook until the rice is opaque. cup soft shortening 2/3 enough olive oil to coat the Do not let the garlic brown. Add did this season. Invariably, my 2-2/3 cups sugar meat the water and bouillion cubes all thoughts include Ace Gerahian. 2 eggs enough red wine to coat the at once. Cover and cook over a Ace owns a dry cleaning shop in Grease and flour two meat and form a marinade low heat for 17 minutes. Belmar, New Jersey. He played 9"x5"x3" loaf pans. Sift dry the juice and pulp of one semi-pro baseball in an age of Before Souvlaki and ingredients together (except lemon sandwiches made in the middle sugar). Mix the pumpkin and titans. A friend of Lou Gerhig and was Trim any fat from the meat eastern flat bread became popular, water in a bowl and put aside. In a Babe Ruth, he offered a contract to pitch for the Yankees and place it in a cast iron or I was feasting on them in Belmar. large bowl, mix the shortening, by Dan Topping, on their porcelain container which has a sugar and eggs. Beat at a high tight fitting cover. Add the spices Ace's Flat Bread Sandwich speed for three minutes. Stir in recommendation. Aco has four refrigerators; one and the oil. Mix well so the spices V/i lbs. very lean ground beef the flour mixture, alternating with I Vi teaspoons oregano for food the pumpkin mixture. Beat until three for Rheingold are evenly distributed. Cover and 2 cloves garlic finely minced smooth. Pour into pans and bake beer. In summers and autumns allow to marinate in the salt and freshly ground black at 350 degrees for 45 minutes. gone by, <\ce, his son Larry and I refrigerator for at least 4 hours or pepper to taste would sit on the front porch up to 24 hours. Turn the meat Pumpkin Cake/from shredded lettuce drinking beer, playing pinochle, occasionally. Marie Di Raimo flat bread drinking beer, talking baseball, Arrange the meat on skewers 2 cups pumpkin Mix the first four ingredients drinking beer, watching girls, and cook over charcoal or under a 2 cups sugar drinking beer and eating Ace's broiler. Baste with the marinade well and shape into marble-si/ed 4 eggs fantastic cooking, which was as needed. The meat should be balls. Fry the balls in a preheated, 3 cups flour, sifted always best when accompanied by pink on the inside when done. heavy pan. Shake the pan 2 teaspoons baking powder beer. You notice Ace doesn't go for frequently so the balls brown all 2 teaspoons soda Ace guarded the recipes for his mushroom caps, onions, peppers, over and cook evenly. Vi teaspoon cinnamon dishes jealously. Even his wife etc. As he points out, "They don't Cut the bread so it forms two !4 teaspoon salt didn't know how some of the get cooked right when you make halves with pockets. Put several 1 cup oil dishes were prepared. (Ace was a shish right." They can be added to meatballs in each half and top 8 ounces chocolate chips or chauvinist of sorts.) So, you see, it the pot and steamed in the left with lettuce. (Sometimes, when nuts or a combination of both was a very special day for me over marinade if you wish. He we had no bread, we would wrap (the chips are recommended) when he decided I could be always served rice with his shish, several meatballs in a large leafof Place the pumpkin in a large trusted enough to share some of using the following recipe. romaine lettuce and munch bowl. Add the sugar and eggs and his secrets. Following are two erf mix well. Sift'the dry ingredients away.) Please, whatever you do, don't together with the spices and add his specialties. 1 cup rice Ace's Shish Kebob talk about what I've told you if to the mixture. Add the oil and 1 small onion chopped you are ever in Belmar. I'm still chips and blend in. Pour into a 1 leg of lamb, boned and cut 1 small clove garlic minced trying to get Ace's recipe for greased tube pan. Bake at 350 into 1-1 'A" cubes olive oil degrees for 1 hour and 10 whole chicken bouillion cubes Manhattan Clam Chowder. 2 tablespoon coriander 1 minutes. Top with a sugar glaze or powdered sugar. Pumpkin Fritters/from Maria Colavito makes 1 54 dozen fritters 1 egg 14 cup sugar 54 teaspoon salt 154 cups pumpkin 1 cup flour 1 teaspoon baking powder % teaspoon baking soda — "Ace" Pitches Well In Kitchen Also 2 teaspoons pumpkin pie spice Vi teaspoon ginger 1 tablespoon melted margarine 1 teaspoon vanilla confectioners sugar Beat the eggs, i sugar and salt until very light and fluffy. Blend in the pumpkin. Sift the flour, powder and soda together. Beat into egg mixture. Add spices, margarine and vanilla and mix well. Drop by tablespoonsfull onto a well greased, hot griddle, or fry in deep hot fat, 14 teaspoon at a time. Be careful not to burn them! Sprinkle with confectioners sugar. Tastes best when served with fresh fish. Winter Squash Acorn, butternut and spaghetti squash can be prepared very simply. Cut the squash in half and remove the seeds and strings. In the cavity of each half place a tablespoon each of butter and honey, and a sprinkle of cinnamon. Place the squash in a shallow pan with a little water in the bottom and bake at 350 degrees for 45 minutes to an hour, or until tender. Serve in place of potatoes or vegetables. — . 6 Opinion October 26 UNIVERSITY PRESS , Fliers • Posters • Resumes • Stationery • Publications • Business Cards • Monday-Friday sp.m. 831-5572 10a.m. to PERSONAL SERVICE! �Short Relief Yankees Win Series As Class Conies Through by Maria Colavito Performing postmortems on the-World Series has always been a tricky business. If the teams involved appeared to be unevenly matched with one far superior to the other, you will have a hard time explaining either a win or a loss. People will say a win was inevitable because of the absence of real competition. This can hardly be satisfying for a fan who really wants to gloat a bit on behalf of his team. If the obviously superior team should lose (cf. New York Yankees v. Pittsburgh Pirates, 1961) the fan will be put in the awkward position of having to choose between an embarassed silence or a general assertion that the World Series is really no indication of overall excellence coming off an entire season of championship- ball played by both League winners. This is a good stopgap approach but it doesn't do you any good if you happen to be trying to gloat to these same people the following year after your team has won. On the other hand, if the teams are pretty evenly matched, everyone will tell you that it was purely a matter of luck that one team won and the other lost. In fact, under such circumstances people tend to revert to that old cliche, "Its too bad that there'has to be a loser at all; both teams are so good," in a seeming effort to explain'away the obvious. Because' the fact of the matter is, in baseball there always has to be a loser and except in rare circumstances it is usually crystal ability, they found Brian Doyle who, realizing that this was his big chance to impress the boss, played flawless defense and also provided clear just who that loser was (and the losing team and everyone else knows why). This year's losers key hits in several clutch were the Los Angeles Dodgers. situations. When the meat of the There are probably quite a few Yankee batting order failed to people (Steve Garvey at the head produce big hits, Yankee fans had of the list, followed by Tom no cause to worry because after LaSorda and others) who will all Doyle and Dent were still due spend the winter trying to figure to come up to bat. Who would out how it happened so fast. Or ever have imagined such a turn of how it happened at all. Because events back in May, or even in this was one of those series where September? everyone thought the teams were .' And when everyone was pretty evenly matched and it was trying to figure out how furiously going to be hard to pick a clear to juggle fate, TV contracts, and winner. Eastern Standard Time so that Position by position the Ron Guidry could pitch one more Dodgers and Yankees seemed to time, excellent performances by have equal strength (and there Jim Beattie and Catfish Hunter were those who even said that if proved more than enough to see you added the throwing power of the Yankees through the end of White, Rivers and Piniella together what might have been their most you couldn't match the arm of magic season ever. I use the term Reggie Smith alone). Well, as they magic because they have been have been doing all season, the breaking records all season not Yankees proved that all the the kind that you find in most skeptics were wrong. When crucial stat books, but the kind that games required that extra bit of reflect a team's real depth and talent in the outfield, it was determination. Any team that can Piniella who made the great plays come from 14 games back to win and Reggie Smith who let his arm its division, coming out on top in get the better of him and a hair-raising tie breaker game, overthrew the ball. then play, a series in the playoffs When the Yankees lost Willie which finally put Kansas City in Randolph, at the peak of his its place (even though it did break season's performance, it appeared little Freddie Patek's heart causing that they would have to go to him to bad mouth everyone from their bench and find someone his hometown fans to the who could just hang in there for American League umpires) the duration. Rather than coming deserves to go home for the up with someone who merely winter and relax in smug provided emergency defensive satisfaction. ■ ■ — - But despite what many people think about the ease of playing a game for a living, baseball affords its players no such luxury ycu have to keep winning to prove yourself. After losing thefirst two games in L.A. there was a lot of talk about how the Yankee performance during the latter part of the season had been too draining on the team. A Dodger sweep loomed large. Well, people in Boston knew better. So did people in Kansas City. And the people in Los Angeles now know too. What they know is that this team is a lot better than many people give it credit for. Even the NBC broadcast team was forced to say one or two good things about certain individuals in pinstripes during the course of the series, though it was obviously painful for them. Tom Seaver was left practically speechless by the performance of Graig Nettles in game three. Nettles was so impressive that there are reports that Geritol is pressuring Cindy Garvey to divorce Steve and marry Graig so that she can continue to say with a straight face in her commercials, "This hunk of man is my husband ..." (if anyone can say such a thing with a straight face that is). Garvey's lack of clutch hitting throughout the Series was a key factor for the Dodgers. Garvey can only be thankful that he doesn't have to stand up to the New York Press which blamed a similar lapse in Catfish Hunter's pitching performance a couple of years ago on the fact that he was — spending too much time making commercials. While few of us would argue with the fact that Garvey has become baseball's hottest pitchman, pushing everything from Geritol to TV dinners, this kind of argument really takes away from the excellent way in which Yankee pitchers handled Garvey and the other Dodger batters in key situations throughout the last five Series games. Clutch hitting may have been the real key to trie Series and may explain why a player like Bucky Dent, one of your most unlikely candidates going into the Series, emerged in the tradition of Bobby Richardson to win the Most Valuable Player award. The fact that Bucky won is also a kind of tribute to the rest of his team because there was no real standout star, no one player who wrapped up the Series for his teammates. It was a real team effort. The on-the-f-ield and off-the-field behavior of the Yankees proved a lot of things about the team to a lot of people. One of the things it proved was that the Yankees deserve the world championship. Another thing it proved was that despite being branded throughoul the v season as self-centered, overpaid prima donnas, the Yankees are talented-professionals who have a lot more class than their closest competitors exhibited throughout most of the playoff series and more than a lot of people believed they had. Of course, a lot of us already knew better. Student At The Bench or The Moot Court Experience by Bob Siegel Student At The Bench or The Moot Court Experience (To the tune of Casey at the Bat) But then came that November evening, and my nerves all turned to jell, Entering the Moot Court Room, I heard the people yell. Three straight days of argument, and public speaking isn 't my strength, I hope that I'm not asked any questions that require a It was a cold day in early October, but they came from far reply at length. and wide, Then I began my oration, my hand tightly clasping my just to receive the "problem," and then to choose a brief, Well my allotted lime finally ended and of course to my dismay, The judges called me over and said, "Listen, tomorrow's another day." And again murmers filled the gallery and the crowd started changing to a mob, But I told them not to worry none, for I knew what was my job. * "Your Honors, sir, I pray, I think, that my client deserves So I studied all night and Shepardized, and though I knew every reason why relief." And Desmond was the first to speak and asked, "Why do My client shouldbe given reliefand I was flying high. There wasn 't a question that existed that could stump me you plead as you do?" But I cCuldn 't come up with an answer, since my face was now, I knew I'd be able to make it, I knew I'd get thru a shadeofblue. And while the judge was patient and no one spoke at all, somehow. I couldn't regain my composure or find an answer to his So on that final day of preliminaries I stood with succeed, confidence and zest, Then everyone would listen to everything I said, everytime call. But I finally got my shit together and said "Your Honor, For I knew that I could pass even the judges' strongest J wouldplead. "side." And everyone listened intently and scribbled notes at pace, Trying to get the early jump, to gain an edge in the race. Some got up to leave, but most ofus sat still, Hoping this to be a stepping-stone leading onward up the hill. For if only I could be on Moot Court, if only I could to reply ..." When suddenly the timekeeper yells 'Time's up! Tomorrow you'll give itanother try." But first one must do research, and then submit a brief, And the only way to keep on going was to be a lover of And while my section mates were booing, and throwing things from the gallery, grief. It seemed doubtful that I'd follow thru, because, who has I calmedand explained to them all, "I can stillgo 2 for 3." the time; By the time I finish my course load work I hear the midnight chime. But with the help of my partner, and to my amazement ■ I conquered all my school work long enough to begin this chore. We wrote a briefabout malpractice, jurisdiction and venue, And though I had Schlegel for Civil, I somehow managed to getjhru. f'sure, test. And so I began my oration, as calm as one could be, "Your Honors, please forgive my prior arguments, but with this one you 'II agree. My client demands just relief, I have dozens of cases to cite ..." But Mr. Attorney, the Chief Justice replied, "You're supposed to defendD tonight!" So the next night I again stood up and began to state my And I heard the timekeeper say something, but it really didn't matter now, case, But all of a sudden eye contact was made with a stern and So I left the room in a hurry feeling no need to take a scary face. \ bow. And then its mouth started moving, spouting questions of But while I didn't make Moot Court this year, all surely how, who and why, was not lost, My only thought at that moment was "Oh, God, please let I have all that time for my leisure now, just in time to me die." enjoy the frost. October 26 Opinion 7 �Guild Project Offers Classes On Community Legal Rights continued frompage 1 to find out more about the legal system which they come up against, often antagonistically, in their everyday life. There are no qualifications required in order to that is alright." John an administrator of the CLS is pleased Johnson and other students . find the courses interesting. "We want to present the law in a way which makes it relevant to the everyday problems that people have," Stainthrop said. "We operate from the assumption that most legal concepts are not that difficult to understand once you get past the 'code words' and strip away the mystification." He describes the response from the students as "great" and suggests that it "shows we are filling a definite need." Stainthorp is careful to point out that the CLS deals with general explanations of the law and not with individual legal problems, "la our materials we stress that, though a person may think they know what their legal rights are, when it really comes down to it they should get a lawyer to advise them in a specific situation. We arc concerned about communicating a general consciousness of what the law is. We hope that this will be useful to people in their own lives and in any community organizing efforts they arc involved in," he added. This is the second set of classes offered by the CLS. It was inaugurated last spring, with five classes being taught to two community groups HOPE in the northwest section of Buffalo, and PRCC on the lower west side. The idea of community law school began to take shape in the Fall of 1977, when a number of lawyers and law students in the Buffalo chapter of the National Lawyers Guild decided to set up the school. They drew up a proposal which listed the courses they could teach and gave this to different community organizations. The organizations chose the courses they wanted and the CLS arranged for teachers and prepared materials. Many of the teachers are not Lawyers Guild members, although the CLS is an official Guild project. Stainthorp, take the course. There is no tuition fee, though a hat is passed at the end of the class and those who can make a 50 cent donation. There are no tests and no passing or failing. Students do not have to prepare material for class, though it is helpful for them to have read the booklet which is available a week before the class. Many of the students have read the materials and all of them come equipped with their own knowledge of how the criminal justice system affects them and their friends. This criminal justice class is one of a series of eight being offered by the CLS in conjunction with the BUILD organization (a predominantly black civil rights organization based on Buffalo's east side). Other courses include Landlord/Tenant, Consumer, Education, Juvenile, Health, Public Assistance and Job Rights. The CLS provides the teachers and materials, and BUILD organizes the event, finding space and doing publicity. "People are not familiar, though, with what their rights are under the law," says Kenneth Johnson, the Criminal Justice Vice-President of the BUILD organization and co-ordinator of .the Classes. "Unless folks know that they have some rights they cannot begin to demand them. We realize that we cannot depend on the law to protect us and that the law as it is now, discriminates against black and poor people, but it is important to push for anything that we are entitled to under the present law." Johnson thinks the courses are useful because they concentrate on the law as it actually affects people. "There's a great difference between what the law says and what the law does. The Constitution says that you have a right to be tried by a jury of your peers, but that is just a sick joke for black people in Buffalo. We live in a city with a black population that is between 30 and 40% of the total but the juries -continued frompage 1 down in Supreme Court are lily whole means of evaluation and white. And the judges have said the application of the present system; reformation of grade reports for a better fit with - Law students, working under the Work Study program, have helped compile much of the written materials used in the classes. These materials must be continually updated and new ones written as new courses are added. "The standard of the materials is high," Stainthorp says, "and though we are writing for people who have little formal education, this does not mean that we over-simplify things. Of course, we don't get into abstract legal arguments, but the people who take the course want to be challenged by it, and the people who write the materials have to be able to express legal concepts using everyday words." One of the chief problems the CLS faces right now is money. Contributions from the sponsoring community organizations cover only a fraction of the CLS operating costs. The SBA voted a $200 award to the CLS for the 1978-79 year, but duplicating costs and the requirement that the CLS pay 20% of any Work/Study award, means that more money must be found. "So far," Slainthorp says, "we have been surviving on a shoe string, and have been sustained only by the enthusiasm a lot of people have for this project. We realized at the beginning that we would go deeply in debt to start with, but the excitement of combining our study of law with people's real lives made us willing to take this risk. Now that we have shown the CLS really works, we have to start doing some serious fund-raising. We think the CLS is so important that we want it to be around for a long time. Meanwhile, the CLS continues with its plans to teach another set of courses to HOPE and PRCC and to contact more groups for classes in the Spring. People are^ needed to prepare materials for the classes; anyone interested in working with the CLS should drop a note off in the Lawyers Guild mailbox (88) or in the Lawyers Guild office (Room 118). _ Joyce enjoyed Friday's party . , why. ... and we know Mike Buskus Bill of Rights' Future Is Topic of Meeting . -continued from page 1 confer their honorary degrees." Finally, Commager asked, "Why can't the US reconciliate justice and equality, where other nations have 'to promote the general welfare'?" Other Western democracies have such things as socialized medicine (Great Britain) or. "a humane penal code and prison system" (Sweden) without any deprivation of liberty or increase in crime. He laid the blame on the "current right," whom he called anarchists because they "substitute fear for confidence when they contemplate the future of this — Governor Wallace of Alabama) were clear. We don't litigate the law anymore, but the facts. Did the police department discriminate? Was the school board venal or pure? They say they were doing what was right for their community." Dorsen said it is "an intractable fact that the majority was never overly-quick to help the minority." "Civil liberties is an anti-majoritarian concept, because we are asking them to give something up," he added. But he is not pessimistic about the future, however, because "great advances have been made in the last 15 years and people are indeed interested and concerned." Dorsen also believes that "the essential values and truths, country." Commager was followed by Norman Dorsen, a professor at New York University Law School although occasionally receding, and chairman of the American are not forgotten. People using Civil Liberties Union's board of directors. Dorsen cited two differences from the days of the Warren Court in the approach of the ACLU to the Burger Court. First, "we used to take everything there," he said. "New we choose cases more carefully, arguing narrow grounds rather than broad relief." Also, "we use different types of litigation techniques. The questions used to be clear and simple. The enemies (such as imagination and will, will secure civil liberties." The conference continued throughout the week with seminars on topics including freedom of speech and press, the effect of technology on personal liberties, and the future of minorities. The five-day gathering of nationally-known scholars was billed as the first public assembly on the Bill of Rights since the 1787 Constitutional Convention in Philadelphia. Possible Changes In Grading Discussed LATKO PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume is a must! We will typeset & print your resume in a style that suits your needs. We can dtS it better, faster & for less. 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. (North Campus) 834-7046 8 Opinion faculty practices; simple replacement of the D with a passing classification. Any of the above suggestions would tend to eliminate the major hardships of the present system. Kathie Drumm stressed that a major consideration of the Administration should be "maximizing the placement opportunities of graduates." The present system places on the student in the job market an "onerous burden to demonstrate that his or her Q's are not low Q's." Drumm advocated the adoption of a High Honors, Honors, Pass/Fail gradation. This system can be implemented with or without the Berkeley modification of a traditional A, B, C system, HH, H, P, and would be available to prospective employers October 26 only. She also called for the establishment of a mandatory distribution of grades along the lines employed by Berkeley (external transcripts convert HH to A+, Hto A and Pto B). / "A large effort has been put into the Placement Office," according to Carrel. "Now that the reputation of the school is getting known, many of the problems of the/4rading system added Carrel. will be Professor opened the lively Question and Comment stage of the meeting. He emphasized the necessity of using a grading system that permits swift and accurate comparisons with other law schools and students if the Buffalo Law School and its students are to compete as a national law school. The present system, Professor Schaeftler feels, does not fulfill that need. The student responses reflected their support and preference for diminished^" . the present system. Third year students stated it allowed them to take difficult courses which they would not take if not for the H-Q-D system. The present grading method thereby greatly enhanced their legal education. It was also noted that to change the grading system to facilitate job placement represents a drastic and radical change in administrative policies and perspective. Such a change, it was argued, would indicate a retreat from the innovative philosophy of the law school in order to satisfy employers. The Dean had originally thought that if the grading change could be accomplished early enough in the fall, it would be made applicable to this year's first year class. The Dean also stated that student opinion expressed through the referendum will have an impact on the ultimate decision. Professor Greiner added that student concerns will not be ignored. During a less serious side of the meeting, the following eleven-tier system was proposed by third year student Dan Kohane: A,H,E (Excellent), V.G. (Very Good), R.G. (Real Good), G.R. (Gold Rooster), S.R. (Silver Rooster), N.S.G. (Not so Good), "Q" (Q), Y.K. (You're Kidding), and F.I. (Forget It). The pending referendum will be held on Monday and Tuesday, October 30 and 31. SBA President Tony Leavy is considering placing the ballots in student mailboxes Monday morning, Chancellor's Award for EXCELLENCE IN LIBRARIANSHIP Send letters of nomination by October 31st to: Tamara Frost, Chairperson 1978/79 Nominating Committee Lockwood Library, Amherst � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cb6b7b7c5d46fad4d0be666454572760.pdf 7bdef58d428206e61318de1c4203c573 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit Np. 708 Volume 19, Number 5 Opinion State University of New York at Buffalo School of Law Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 November 9,1978 Dean Headrick Announces Law School Will Have Ethics by Mike Buskus will be supervised by Headrick. In addition, "there will be some faculty input in the selection of Dean Thomas E. Headrick has materials and the establishment of announced there will be a problems." Furthermore, the law substantial change in the manner school will "try to involve a of teaching ethics at the law significant number of people from school. In the past, seniors downtown in discussion groups." rundi chuvis enrolled in a one-credit ethics The class will meet for about two course taught in the Moot Court hours a weekfor seven weeks. According to Headrick, the Room, featuring guest lecturers. The new plan contemplates a written exam in the course "will two-phased system in which the be similar to the Multi-State Class of 1979 and the Class of Ethics Exam which is being 1980 will be offered a one-credit developed and which the National ethics course similar to past. Conference of Bar Examiners offerings, while all future classes expects a number of states to will have ethics taught as part of adopt between now and 1980." did not come forward to claim the the first year research and writing This type of exam would call(s) prior to April 17,1978; (3) program. eventually be given several times a turn the entire matter over to the year in addition to the normal bar Last summer, in a letter to all exam. Passing this exam would be Faculty-Student Relations Board (FSRB) for whatever action it students enclosed with the required for admission to the bar. deems appropriate; and (4) release registration materials, the Dean The Dean expressed the hope that the list of calls to Opinion with announced the old "lecture" Buffalo could be a pilot center to the caveat that it would be. course in ethics was being test out this type of exam. The improper in the view of the SBA scrapped. Headrick recently course and the exam would Board to publish any information labeled the old lecture course a probably be graded on a which would unfairly create a "lousy course." The Dean Satisfactory/Unsatisfactory basis. presumption that an individual explained his dissatisfaction with Headrick mentioned that if this whose name might appear as a the old -manner of teaching it: course is successful, it will be calling destination is responsible "We had a number of outside repeated for the class of 1980. visitors who came and did good for suchcall. The long-range goal for The consensus at the meeting jobs; but, the problem is that to teaching ethics at Buffalo was that the SBA itself has no teach legal ethics, you need to envisions greater integration of power to sanction anyone who teach it in small groups. You can't ethics with the traditional may have misused the phone and teach it as a lecture course." curriculum earlier in law school. not claimed or paid for a call. For As an alternative, the law This spring will be thefirst step in that reason, the subcommittee school offered Professor Marshall decided it was best to refer the Breger's Legal Profession course entire matter to the FSRB which this semester. Headrick recently could decide and impose an praised this course offering, appropriate sanction. calling it "a better course than -First year director Jay Martin anything we had wanted to devise opened the question as to whether for teaching ethics as an ethics the board should recommend course because it goes into the sanctions to the FSRB. Maloy felt wider aspects of the profession it would be inappropriate for the and sets it into some kind of SBA to attempt to dictate context..." procedure to another governing There has been considerable board. Steele expressed the desire that something accompany the response to the Dean's summer report which would indicate to letter and the alternative of the FSRB the SBA felt some Breger's Legal Profession course." Nearly SO students have enrolled sanction should be imposed. Approximately Second year director Dwight Wells in Breger's course. 125 students have petitioned* the agreed with Steele that some Dean to reinstate the ethics course action should be taken. Steele then suggested a letter for the spring semester. should be sent with the report Headrick explained one reason which would express the SBA's behind the request for reinstating feeling that the concerns where the ethics course may be a desire substantive and should receive to balance the number of credit commensurate consideration. He hours to meet Court of Appeals also offered to draft such a letter. requirements. In addition, the Wells motioned to accept the Dean observed that in the report of the subcommittee. A aftermath of Watergate, there has friendly amendment was offered been a generally heightened to delete one call which it concern over ethical issues appeared had already been pertaining to the legal profession. The Dean detailed the program claimed. The amendment was accepted and the motion passed for the spring semester: it will be Dean Thomas E. Headrick unanimously. partially student organized, but Phone Report Ends SBA Involvement by Paul Suozzi The Student Bar Association (SBA) Subcommittee on telephone abuses gave its final report to the board at the recent SBA meeting, November 2. A written report had been distributed to board members at a previous meeting, at which time the board voted not to release the report until all board members had reviewed it. The present discussion was aimed at deciding if any further action should be taken by the subcommittee, and what should be done with the report. The discussion was led by third year director Jim Maloy, Chairperson of the subcommittee. The written report outlined the previous actions of the subcommittee, including its preliminary report to the board on April 21,1978. At that time, it was determined there were over $385 in unclaimed personal calls made from student organizations' phones. The task of the subcommittee was to look into the unclaimed calls and attempt to identify the callers. Subcommittee member Lewis Steele conducted this investigation during the summer with the help of New York Telephone. A list was compiled of the calls and their destinations. The subcommittee met with Dean Thomas Headrick on October 19, 1978 and a course of action was agreed upon, as follows: (1) Perform a cross-check of the names appearing in the "destination" column on the attached lists with the class lists for the graduating classes from 1977 through 1980;(2) notify by letter those individuals whose names appear from such cross-check, and request: a) whether or not the individual claims responsibility for the call or calls in question, and b) if the individual claims responsibility, an explanation as to why* he or she that direction. The program will involve a substantial component of the first year research and writing program, which is taught by student assistants under faculty supervision. This year, the program will include substantial participation by a faculty member who will teach ethics. "Bob Berger is going to specifically handle that part of the research and writing course. He's going to work with the student assistants in th.c design of problems and discussion of them. It's going to cover six or seven weeks of [one or more hours a week] in the research and writing course." Commenting briefly on the manner of grading the ethics component of the research and writing course, the Dean declared students will be graded "on their sensitivity to the ethical issues involved and their understanding of the Code (of Professional Responsibility] and its meaning as it applies to certain kinds of ethical problems." Headrick stressed students will have to be "familiar with" the Code and "understand it in some way and apply it to hypothetical situations. It's not testing their 'ethics,' it's testing their understanding of the ethical proscriptions that apply to lawyers." -mike shapiro �Vol. 19 No. 5 Nov. 9,1978 Editor-in-Chief Jason Poliner ' Staff: Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Alan Beckoff, Steve Blumberg, Bitt Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Carol Gardner, Jay Marlin, Bob Siegel Contributors: The Hon. Seymour Boyers, Jerome Paun, Karen Spencer, Ken Turek Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Students Vote For"Q" By voting overwhelmingly in favor of maintaining the present grading system, the students have sent a strong and clear message to the APPC and the faculty. The message is simple. The present system is sufficient for our needs. There is no need to make a change which in the end will not be any more fair, but will, in all probability, tend to increase competition and make law school even less of a learning experience. The APPC in analyzing the pros and cons of changing the present system should give the student's view great weight. Students must live with the system. Grades can determine job opportunities, status, even the future of the student. We are sure if a change was to be made in the tenure system, the faculty would want their views on the change to be given great weight by any committee considering the issue. We ask the same consideration in this matter. Opinion is pleased students voted in favor of keeping the present system. Frankly, we find the" present system appealing for a number ofreasons. The system awards high achievers without bringing cut-throat competition to the law school. Students are able to participate in a learning experience without the fear that by missing a point or overlooking a case they will be doomed to a poor grade. Finely' drawn distinctions between students are unnecessary and even counter productive at the graduate level. Once a person has finished college and has been accpeted at a graduate school, faculty should be less concerned with drawing distinctions between students and more concerned with providing the students with the opportunity to participate in a learning experience which will sharpen the mind and not dull the spirit. Students engaged in a meaningful learning experience are more likely to do the type of work which will culminate in the honors grade because they enjoy what they are doing and are not under pressure to get a grade. The present system provides adequate feedback and reinforcement to the student. A "D" grade tells the student his work is marginally adequate. The "F" grade serves to weed out the few unqualified students the admission's process missed. As long as the faculty has the courage to give the "F" grade, when deserved, the integrity of the present grading system is maintained. This law school prides itself on being better than your average "garden variety law school." It prides itself on being innovative and daring. Our present grading system is distinctive. Instead of worrying about the system hurting students at placement time, the school should use the grading system as a selling point for potential students and employers. Instead of looking back at what other schools have done we should look forward and let other schools follow our lead. • LAST CLEAR CHANCE December 7, 1978 will be the next and last issue of Opinion for this semester. All letters, articles, announcements and any other contributions are due by November 28th. 2 Opinion November 9 Letters To The Editor Use of Photo on Transcript Questioned on a transcript request that been that photographs of students note To the Editor: is not to be included. the picture are strictly for internal use. I is not indicated This option to find the never expected I recently obtained a copy of anywhere on the transcript my transcript from the Office of Admissions and Records. The second page includes a copy of one of the two photographs required by the school when I first enrolled here. I asked at that time what the purpose was in requiring the pictures and was told they were "for our records." My assumption has always pictures would appear on request form. transcripts. The purspoe of the I asked at A & R whether the inclusion of the pictures on transcripts sent outside of the school is standard procedure and was told it depends on who makes the copies. Sometimes they are blocked out, sometimes they are not I was also told a student may Affirmative Action Coalition Seeks Clear Goal Statement To the Editor: In response to the apparent inadequacy of the Law School's Affirmative Action Program, an ad hoc committee has been established. Approximately a dozen students have addressed the range of problems associated with the unreasonably small number of minority students now enrolled in the Law School. Thus far, the Affirmative Action Coalition's activities have been limited to several idea-generating meetings and informational discussions with both Asst. Dean Allan Canfield and Professor William Greiner. In addition, the committee has established liason with the International Coalition and minority organizations of the entire University community. In the near future, the Coalition is participating in a workshop on Affirmative Action in Professional Schools during Third World Week, November 14th-19th. Focus of the Coalition is now centered on: 1) lobbying for an increased commitment by the administration in such areas as admissions policy, recruitment, support programs, and securing a full-time minority program coordinator; 2) exploring funding sources for minority programs existing at other law schools; and 3) researching the past and current practices of admissions, recruitment, and follow-up. A primary objective of the Coalition is that the administration and faculty publish a clear, updated, and comprehensive statement of the Law School's Affirmative Action goals and the proposed means of meeting these goals. It is hoped that student input will be utilized in that articulation. In order to overcome the limitations imposed by the small number of students now offering their input to thjs committee, more volunteers are needed. There are numerous tasks to be identified and completed. The Coalition's next meeting is Tuesday, November 14th, 6 p.m. in the First Floor Lounge. Tor additional information contact Hillary Exter or Shelley Mayer. Each year, The Student Bar Association allocates a certain amount of its budget to the Distinguished Visitor's Forum. The purpose of the Forum is to bring to the Law School persons who can present their ideas related to the law or to subjects closely associated with the law. ExampJes of previous programs include Ramsey Clark speaking on the proposed revision of the Federal Criminal Code, and speakers on law in Puerto Rico and law and the elderly. The SBA appoints a committee to process applications for use of the DVF fund. The members of this committee for the 1978-79 school year. are Ted Donovan, Dwight Wells, Joe Keleman and ■"■ '- '."■ •*•"*'. "■" "'• ■ • ■ Bill Lundquist Another Letter Attack Social Services Humor To the Editor: I was greatly angered to see that the Opinion (September 28, page 7) published quotations from letters sent to the Social Services Department by people who were applying for Public Assistance. The quotations, as you may recall, were sentences that contained bad grammar, faulty construction, wrong word usage or were simply nonsensical. The purpose of your publishing these quotations seemed to be for SBA Solicits Proposals For Distinguised Visitors To the Editor: school's requiring the photographs should be disclosed fully before they are submitted by Students. The transcript request' form should include an option as to the pictures appearing on a transcript going outside of the school. This is definitely not a matter to be left to the whim of A & R personnel. The most serious objection to pictures on transcripts is the inherent danger of its facilitating racial discrimination. Many employers see transcripts before they decide whether an interview will be granted. The presence of a picture on, a transcript is as potentially dangerous as the requirement of photographs by schools as a part of theadmissions process, a practice this school does not use for this very reason. Even if other students do not object to the practice on principle, I am certain they would object toy not knowing how the pictures may be used. I, as most students, did,not go out of my way to submit the most flattering picture of myself when I first came here. A Xeroxed copy of a poor picture Is not a pleasure to behold. John Stainthorp. The Committee has established a regular meeting time, beginning on November Ist. The Committee will meet every other Wednesday at noon in the SBA office to consider program proposals.' We invite individuals and organizations to submit proposals to us before these Wednesday meetings. The DVF Committee nothing more than the amusement of your readers. One would think it possible to find better entertainment than making fun of people who most probably are uneducated, unaccustomed to writing letters, and who suffer great social hardships. Moreover, anyone who has had the delightful experience of dealing with the Social Services Department knows how confusing, ambiguous, and inane their questions and procedures can be. Furthermore, many of the sentences I have seen some UB law students write are worthy of comment. These sentences were no more understandable, at times less so, than those of their fellow citizens applying for Public Assistance. This, of course, is a cause for concern since law students are supposedly educated and trained to think and write logically. Finally, I wonder how many lawyers will be laughing after graduation when they end up with their friends at the Social Services Department because they- can't find a job. Jonathan A. Robins Quote of the Bi-Week An analogy is the last refuge of an empty mind. -John Gardner �Guest Commentary Medical Malpractice Panel: Creation and Effect by The Hon.Seymour Bayers The medical malpractice furor of a few years ago acted as a compelling force for legislative change. As a result, the New York State Legislature enacted Chapter 109 of the Laws of 1975 and Chapter 955 of theLaws of 1976, which are applicable to malpractice actions against physicians and podiatrists, and Chapter 95 of the Laws of 1978, extending, jurisdiction to such cases against hospitals. One of the most controversial statutory provisions enacted was the creation of the Medical Malpractice Panel. The statute establishing this panel is Section 148-a of the Judiciary Law. In essence, subdivision 2 of said section provides for a hearing before a panel consisting of a Supreme Court Justice, a physician and an attorney. (See §684.4 [b] of the Rules of the Appellate Division, Second Department, to cases involving multiple physician defendant.) Prior to the hearing, any party may object to the physician or attorney who has been designated. Such objection shall be decided by the justice presiding as a ■member of the panel. (Judiciary Law, § 148-a, sub. 2, par. d.) The hearing itself is informal and without a stenographic record. Except as otherwise provided, no statement or expression i of opinion made in the course of the hearing is admissible either as anadmission or otherwise in any trail of the action. (Judiciary Law, § 148-a, sub. 4.) The panel has the authority to render a recommendation of liability or no liability which, when unanimous, may be offered into evidence during the trial of the lawsuit. The portion of section 148-a which refers to the unanimous recommendation of the panel is subdivision 8, which provides: If the three members of the panel concur as to the question of liability a formal written recommendation concerning such question of liability shall be signed by the panel members and forwarded to all parties. In such event, the recommendation shall be admissible in evidence at any subsequent trial upon the request of any party to the action. The recommendation shall not be binding upon the jury or, in a case tried without a jury, upon the trial court, but shall be accorded such weight as the jury-or the trial court chooses to ascribe to it. If the recommendation is read to the jury or by the trial court, the doctor member or the attorney member of the panel, or both of them, may be called as a witness by any party with reference to the recommendation of the panel only. The party calling such witness or witnesses shall pay theirreasonable fees and expenses. . The constitutionality of the statute has not as yet been ruled upon by the Court of Appeals, but three of the four Appellate Divisions have held the statute to Results in on Grade Referendum; Students Vote To Keep the "Q" 47% most preferred a 4 tier H-Q system 42% most disliked a 6 tier A-B system In addition to continuing our analysis of these results we will be analyzing the "strongly support thru strongly oppose" preferences.. Notwithstanding this continuing analysis the student mandate to keep H-Q-D-F or to change to H-Q-P-F is clear. The answers to the questions concerning the perceived effect of our present grading system on employment opportunities, work motivation and self image are as interesting, consistent and clear as the preference for the H-Q. On the question concerning the effect on employment, 43 per cent said H-q had no significant effect, while 23 per cent said it had some effect. Of by Tony leavy the 23 per cent almost all said it "had a negative With 60% of the students voting in the grade effect The class breakdown is: referendum (the highest turnout ever in student significant effect no significant effect elections) the results were: no change in our present Istyr 18% 44% and, a more grading system; four tier system; yr 2nd 22% 56% specifically, a four tier H-Q system. In addition, 3rd yr 34% 56% voted 6 tier against any students overwhelmingly On the question concerning work motivation 63 system, with a 6 tier A-B system receiving the roost cent said they would not work harder under a 5 per votes. negative I Employment opportunities were not thought to or 6 tier system, while 23 per cent said they thought be significantly effected by the present system; Ithey would. The class breakdown is: students felt they would not work harder under a 5 not work harder Work harder or 6 tier system; and do not feel the Q creates a 64% Istyr 20% 21% negative self-image. 2ndyr 64% 35% (All of the following numbers and percentages 3rd yr 63% are approximations, and are rounded off. If the On the question of whether the H-Q creates a percentage does not add to 100% the difference ( negative self image 61 per cent said that it did not, includes no opinion and other answers.) while 20 per cent thought it did. The class The total voter turnout was 453 put of 765 breakdown is: total students. This breaks down by class as follows: no negative self image negative self image 66% Istyr 184 Ist yr. votes 11% 75% of class 22% 158 2nd yr. votes 62% of class ■ 2nd yr 58% 44% of class 63* 104 3rd yr. votes 3rd yr 35% the or 6 clear: we do not think H-Q 4, 5 The preferences for tier systems Again, the results are were as follows: significantly effects employment, causes us to work less than under a 5 or 6 tier system or creates a 60% 4 grade system x negative self image. 5 grade system 20% Now that we have had the referendum and the 6 grade system 10% tabulations are being made we will present the Class breakdown is: Ist yr 2nd yr. 3rd yr. findings to the Academic Policy and Program 60% 64% 53% 4 grade system Committee. I feel confident the Committee will give 17% 20% 26% 5 grade system the results the due consideration they deserve; what 13% 6 grade system ' 13% 4% we want is clear. Since the faculty will make the These following figures are consistent with the final decision we will provide each of the faculty answer to the question of whether any change was members with copies of the results and if it is appropriate we will ask to present our findings to a preferred: faculty meeting. no change preferred 54% In ending, I would like to thank Ted Donovan, some change preferred 39% Sherm Kerner, Michelle Silver and Leslie Wolffe for Of the 13 possible grade choices there were clear the enormous amount of time they each spent working on the referendum. majorities for most preferred and most disliked: President's Corner < ■ be constitutional. (Comiskey v. examination of the panelists, Arlen, 55 A D 2d 304 [2d Dept.], while others permitted a more 390 N V S 2d 122;affd. on other liberal examination. Mr. Justice Hopkins, writing grds., 43 N V 2d 696; Kimball v. Scors, 59 A D 2d 984 [3d Dept.]; for the majority (3-2) in Curtis, Dundon v. Presbyterian Hospital, held it was error for the trial court 58 A D 2d 746 [Ist Dept.], affd. to limit the questioning of the 44 N V 2d 674.) physician panelist to a recital of. In Comiskey v. Arlen, the-' his qualifications and a bare Appellate Division, Second statement of the panel's Department unanimously held the. recommendation, and not to statute constitutional on the allow questioning relating to the theory that the introduction of a basis for the recommendation. unanimous panel recommendation The majority further held that the is, in effect, an expert opinion, "extent and duration of the which is to be evaluated by the examination of the witnesses will, jury in the same manner as it of course, be subject to the would evaluate any other expert discretion of the court, which opinion. The court held section should be properly exercised." It 148-a, subdivision 8 of the would therefore seem that the Judiciary Law constitutes another statute permits a direct and cross legislative exception to the examination of the panelist, like hearsay rule. Moreover, the court any other expert witnesscalled to held the Legislature acted within testify at the trial, subject to the its power by merely amending the confidentiality limitations of rules of evidence and therefore no subdivision 4 of the statute. constitutional infirmity was Undoubtedly, there will be involved, since the jury still continued litigation concerning retained the final say in the operation of the medical determining the facts and what malpractice panel. It appears, weight ought to be given to the however, the courts will uphold the intent of the Legislature to evidence. implement the purpose of the Division, Second The Appellate Department, has recently decided panel: two important cases dealing with 'The Legislature enacted section the operation of the statute. The cases are Kletnieks v. Brookhaven 148-a of the Judiciary Law in Memorial Hospital, 53 A D 2d response to a growing 169 and Curtis v. Brookdale dissatisfaction with the traditional methods of determining medical Hospital, 62 A D 2d 749. malpractice claims by jury trials. Kletnieks, the defendant In That dissatisfaction stemmed moved to vacate the panel's the mounting number of unanimous recommendation of from such claims, the complexity of the liability, on the ground that the potential size of the panel's finding of departure, issues and the verdicts, all of which contributed without a concomitant finding of to the reluctance of insurance "proximate cause", was insufficient to support a carriers to risk coverage for physicians. The statute was recommendation of liability as intended to introduce into the that term is used within the process of litigation a state of meaning of section 148-a (8) of pretrial consideration in which the )udiciary Law. The Appellate representatives of the court, the Division determined that a legal profession and the medical recommendation of liability profession would participate in within the meaning of the statute evaluating the claim. 'Apparently, requires both a finding of (1) a the theory underlying the use of deviation and departure from the the panels is that the parties will accepted medical practice in the be better equipped to negotiate a community and (2) that said settlement, and under greater deviation and departure was the pressure to settle, ifthey are given proximate cause of the injury or a preliminary view of the merits injuries alleged to have been of the case, the end result thus sustained. In this regard, the be the same as that yielded Appellate Division in the First should panel with more extensive a by Department concurs. (See, powers'" (Comment, An Analysis Marrico v. Misericordia Hospital, of State Legislative Responses to 59 A D 2d 680.) the Medical Malpractice Crisis, case, Curtis the court In the 1975 Duke LJ 1417,1456). addressed the ambiguity of the The disposition of a concerning the of scope statute malpractice claim is made easier if examination and testimony of the recommendations of the panel the attorney and panelists medical are admissible at the trial and if who may be called as witnesses. the physician member is available 148-a (8) section The statute, as a witness at 'the trial provides in part: (Medical-Legal Screening Panels as • an Alternative Approach to If the recommendation is read Medical Malpractice Claims, to the jury or to the trial court, Documentary Supplement, 13 the doctor member or the Wm & Mary.L Rev 695, 722). attorney member of the panel, or Undoubtedly, these advantages both of them, may be called as a were considered by the with by any party witness Legislature in drafting section reference to the recommendation which incorporates both of of the panel only. (Emphasis 148-a, these features. (62 A D 2d at 754, supplied.) 755.) Prior to Curtis, there was a dispute at the trial level as to the meaning of "With reference toHfie recommendation of the panel only". As a result, some justices permitted only a restricted Judge Buyers is the Presiding Justice of the Medical Malpractice part, Supreme Court, Queens County. November 9 Opinion 3 �Marathoning Sure Beats Chasing Ambulances by Jerome Paun personal thing." He does it for himself and not to impress anyone, he said. For Jerry Seipp, a clinic supervising attorney and the law school's undisputed star marathoner, trie sheer act of running is pleasurable. He had run competitively through high school and college, but only decided to start training for marathons last November. Jerry ran hisfirst marathon last June in Toledo, Ohio, completing the course in the incredible time of 2:54. The Skylon was Jerry's second marathon and he placed 65th with the remarkable time of 2:44. Having qualified to run in the Boston Marathon by running sub-three hour marathons, Jerry plans to run in that most famous marathon this spring. The last member of the law school faculty who ran in the Skylon was Professor Robert Reis, who finished the event in 3:08, a respectable time for someone who still manages to occasionally teach 26.2 mile distance to Niagara Falls a law course in between training for the first time ever, in 4:06. A sessions. I was unable to interview little disappointed he did not Professor Reis since he was never break the four hour mark as he in his office when I showed up. had hoped, he plans to have No doubt he was out running another shot at achieving his goal someplace. next year. Of the law student body, I The dean attributes not doing know of only three who ran the as well as he had hoped to Skylon; Fran Turner (who I was somewhat insufficient distance unable to interview but whom I training, which resulted in him wish to acknowledge), Lynn "hitting the wall" at about 21 Edleman and myself. Lynn is one of the growing miles. Next year he says he will get in 60 to 70 miles per week for number of female marathoners at least a month before the race and probably one of the most instead of the 40 to 50 weekly devoted long distance runners I totals he trained at this year. know. For Lynn, who enjoys running for health-and pleasure, Headrick said he really enjoyed the marathon presented a real the race and the beautiful weather challenge. Although she had been on the day of the run, although plagued by injuries throughout a the 65 degree temperature was a large part of the training season, bit too warm for-him, as it was for Lynn completed her first most. The major pleasure of marathon under"4:3o. in marathoning for the dean is the While more women around the personal satisfaction of simply world are proving their ability to accomplishing the feat. He's successfully run in competitive unconcerned with winning or marathons, they are still barred by losing; just to finish is to win. Olympic rules from running the Olympic marathon event. This a new Marathoning has added dimension to Headrick's life, he discriminatory practice flies in the said with some dismay. He finds face of scientific evidence which when he goes to parties now he is tends to indicate that for a celebrity for his marathoning, physiological reasons, women are "almost like being an astronaut or better suited to running extremely something." The dean is troubled long distances than are men. Finally there is me. I started by his celebrity status because for him, marathoning is a "very training to run the marathon last spring, largely because I had become bored with law school and felt I needed a challenge in my life. A number of my friends in New York City were busy training and they convinced me that attempting a marathon would prove a suitable challenge. Indeed it did, almost too much of a challenge. Proper marathon preparation takes a great deal of time out of the day, when you could be studying but for the training. The month before the marathon I was training between 50 and 60 miles per week. Consequently, my schoolwork suffered somewhat. While I confess that the mandatory intensive training for the two months prior to the race became a chore and less than fun, I still am looking forward to my second marathon next year. My advice to any law students who are considering marathoning before graduation is to be ~scott e forewarned you must sacrifice plains of Marathon to the city of Athens. The reason Pheidippides Much like Saturday Night ran this distance so long ago was. Fever, marathon running is simple; it was his job as messenger sweeping the country. Across the in the Greek army. He ran to nation people of all ages are out bring the Athenians the good training for and running the 26.2 news that the Greeks had just mile event. In 1977, the world's defeated the invading Persian most popular marathon, the New army on the plains of Marathon. York City run through the five boroughs, attracted a/ Needless to say, in this age of record-breaking 5,000 runners. modern technology, no one runs a Incredibly, that number more marathon to communicate a than doubled for the start of this message, at least not the kind of year's race. On October 22, over message Pheidippides bore. The 11,000 runners assembled on both reasons we run marathons today levels of the Verrazano Narrows vary. For some like Bill Rogers Bridge in Staten Island for the and Carl Hatfield, winners of the start of the annual race. Just as New York City and the Skylon amazing, an estimated 2 million International marathons, finishing spectators, the largest crowd ever in 2:12.12 and 2:18:09 drawn to a single sports event, respectively, the reason is to win lined the streets of New York to the race. Since most of us do not have the great fleet-footed gift of cheer the runners. This marathon fever is not speed these men do, we obviously peculiar to New York City. On do not run to beat everyone else the day before the'New York City in the race. marathon, some 3,400 plus Dean Thomas Headrick ran the including two competitors in wheelchairs, gathered at Delaware Park in Buffalo to begin the Fifth Annual Skylon International Marathon. The New York City race may have the honor of being the world's most popular marathon, but the Skylon has the distinction of being the world's only runners, international marathon. After the starter's gun was fired by Roger Banister, the first person to break the fbyrminute mile, more than 3,400 men, women and children ran and rolled through downtown Buffalo, across the Peace Bridge into Canada and up the beautiful Niagara River Gorge to the finish line in Niagara Falls, Canada, One might reasonably ask, what is leading a rapidly growing number of otherwise normal people to run the grueling 26.2 mile distance? Why do they spend hours running long distances day after day, week after week, to condition their bodies to bear the punishment of running the distance on marathon day? The answers are many, often quite complex, and vary from person to person. The 26.2 mile run is named after the town of Marathon, Greece. We run this distance today to commemorate the 490 B.C. run of Pheidippides from the Jerry Paun finishing the marathon 4 Opinion November 9 . '"" ■ scott leslle Other runners approaching thefinish line substantial amounts of time for mark, in the span of less than a quarter of a mile, I went from a training. For me, running is a way to steady run to a shuffle. The stay fit, trim and healthy. It's a feeling was as if someone much good way to relieve stress, bigger and stronger than me were something important for law slowly but surely closing a door in students as well as lawyers. my face and try as I may, I Finally, but equally important, couldn't stop him. long distance running is something To run beyond the wall you can get better at as you get requires sufficient body conditioning from long distance -older. Of course, these benefits can training and mental determination be achieved without training for to know you can continue. and running in marathons, so I Fortunately, I managed to guess the thing that compels me continue beyond the wall to the to run marathons is the challenge finish line. and the personal satisfaction of Anyone who has ever run a completing the event. There is an marathon can tell you about the incredible high associated with tremendous; energy and running any long distance race, excitement in the air surrounding but especially a marathon. Even the race. There is a genuine though your muscles will ache, vibrance, a feeling of life at its you just feel so damn good. fullest. I can't accurately describe No article on marathoning the atmosphere in words, so if would be complete without a few you want to find out what it's all words concerning the mysterious about, why not try running a phenomenon of "hitting the marathon? It takes, lots of hard wall." I mentioned Headrick hit training but I'm sure you won't the wall at 21 miles. The wall is a regret it. You'll feel greatafter it's physiological and psychological over and perhaps the best part is barrier that marathoners often hit marathoning is something you can somewhere between 18 and 22 get better at as you get older. To miles. There 1comes a point when quote a popular phrase "Try it, the body has metabolized ' all you'll like it." readily available sources of If after reading this article you energy. To satisfy the further fuel still fail to understand why requirements necessary to anyone would punish themselves cintinue running beyond this by running a marathon, think of it point, the body is forced to begin as being akin to attending law breaking down muscle protein to school and ask youself why you burn as fuel for energy. This do that. Indeed, some of my process is painful and takes its non-law-school friends more toll. readily understand why I run. Like the dean, I too hit the By the way, for .those who are wall, but at around 23 miles. Prior wondering, I 3:43, to hitting the wall, I was running a placing just over 1200. But as far very consistent 8 minute per mile as I'm concerned I won: I beat the pace. Right around the 23 mile marathon. BLP Accepting Applicants Project solicitation has commenced for the Spring, 1979 semester. The BLP will be accepting an additional 20-25 members for the spring term. Membership will be open to second-year students (including those who have not previously submitted a membership application). If you have previously submitted a membership application and are still interested in BLP membership, please leave your name on a list to be posted on the BLP office door, room 724. If you have not previously submitted a membership application, please submit a narrative resume and writing sample to the BLP office by THANKSGIVING break. Returning members should remember that the organization will be holding its annual director election and semi-annual editor elections during the last week in November or the first week in December. Qualifications: you must have successfully completed at -- least one semester's work as a project member., ..: ■ The First Annual BLP banquet will be held on Sunday, November 19th at Salvatore's Italian Gardens. Tickets are $8.50 per person and are available, from Joanna Gozzi in the BLP office. You are welcome to bring a friend ... or a spouse ... or both. �Attack on Chief Justice Bird Reflects Sexist Bias by Mike Buskus somewhat controversial rape case in which she concurred with the majority of the California Supreme, Court. In People v. Caudillo, 146 Cal. Rptr. 859 (1978), the California Supreme Court affirmed the convictions of the defendant on charges of sodomy, forcible rape, oral copulation, robbery and burglary, while reversing counts of kidnapping and burglary with infliction of "great bodily injury." The tragic and horrifying facts demonstrate why observers have been outraged at the Court's treatment of this case. The victim was confronted at knifepoint in an elevator and forced into her apartment. The assailant blindfolded, raped and sodomized her. He also forced her to engage in fellatio. The ordeal clearly On Election Day, California will decide whether Rose Elizabeth Bird will continue as Chief Justice of the California Supreme Court. California Law requires that Supreme Court Justices be approved by the electorate at the first gubernatorial election following appointment. Chief Justice Bird, a former Professor of Law at Stanford, was appointed to the bench in 1977 by Governor Jerry voters . Brown., % Public concern over Chief Justice Bird's qualifications and record on the Court has been heightened by intense emotional reaction to a well-publicized and terrorized and devastated the victim who vomited and suffered diarrhea during the attack. After this violent episode, lasting several hours, the assailant robbed the victim of $60 and threatened to return and kill her if she reported the incident to the police. Subsequent to the attack, the victim received medical treatment for shock and for several knife lacerations on her neck. She reported the incident to the police who apprehended a suspect matching the description of her attacker. She testified at trial and identified Daniel Caudillo, the defendant, as herassailant. He was convicted and given sentences to run concurrently on all charges. On appeal, the California Supreme Court, in an opinion by Justice Jefferson, affirmed in part Pres. Ziegler Views Lawyers As Indispensable In NHL byJ.R. Drexelius Observing it was good to be back with lawyers, John Ziegler, President of the National Hockey League (NHL), and former counsel of the Detroit Red Wings, addressed the Third Annual Alumni Convocation luncheon, Saturday, November 4. Sports and the Law was the topic for this year's convocation which in addition to the address by Ziegler, included the presentation of the Edwin F.Jaeckle Distinguished Alumnus Award and a morning panel discussion on Sports Law. Ziegler's talk traced the role lawyers played in the expansion of the NHL. Noting in 1966 the NHL was a six team league with little need for lawyers, Ziegler, spoke of how indispensable lawyers have become in the expanded NHL. "Hockey has changed from a rich man's hobby to a serious business. Hpckey is the business of entertainment, entertainment through competitive sport," the NHL president said. With this change came the need for good legal counsel, Ziegler said. "We needyour discipline. We involve ourselves in "contracts, litigation, immigration, and commercial instruments," he noted. Ziegler explained* the role • lawyers played in finding new ways to refinance and reorganize ailing franchises which he called "commercial creative work." Ziegler also discussed the important role lawyers play W collective bargaining. "Collective bargaining has become the key way to make decisions in the sport," he said. The system of negotiating, owner to player, one on one was abused,/Ziegler said. This brought about the d c v eIop m ent of player associations. Player associations, developed by lawyers; have made a tremendous contribution to the game and to the player. Ziegler noted while counsel for the Red Wings he found a player was best represented by a good UWyer. A good lawyer would treat the player like he would treat any good client. He would _ but reversed the kidnapping and {burglary with infliction of "great 'bodily injury" charges. The Court concluded the defendant had not transported the victim sufficient distance to sustain a kidnapping charge. However, in reversing the conviction under Cal. Penal Code §461, for inflicting "great bodily injury" during the commission of a burglary, the majority opinion stated, "[t] here can be" no quarrel with the fact that defendant engaged in a sexual attack upon the victim of such an outrageous, shocking and despicable nature that the victim suffered extreme humiliation and distress due to the flagrant violation of her person and her privacy." Nevertheless, the majority determined that §461 encompassed only additional physical bodily injury beyond that sustained during a rape. While admitting that victims of sexual assaults undoubtedly suffer considerable psychological and emotional distress, Justice Jefferson reasoned that Penal Code §461 applied only if the victim also incurred substantial physical harm. The majority concluded that while the assault on the victim was totally repugnant, the Legislature intended that the rape, sodomy and oral copulation provisions of the Penal Code define the limits of punishment for such conduct. Finally, in what is surely the most controversial and questionable language in this ■ opinion, Justice Jefferson added, "the bodily injuries sustained by the victim in the instant case during the course of the combined sexual outrages perpetrated by defendant can at most be considered to be insubstantial in certainly not of the nature magnitude to be termed significant or substantial. They were injuries that can logically only be described as constituting transistory and short-lived bodily distress." Chief Justice Bird wrote a separate concurring opinion in which she expressed her sympathy for the victim of the defendant's "outrageous, shocking and despicable" conduct. She added, however, that "personal repugnance toward these crimes cannot be a legitimate basis for rewriting the statute as it was adopted by the Legislature. It is precisely because emotions are so easily called into play in such situations that extra precaution must be taken so that this court follows the Legislative intent and not our own predilections or - -mike Shapiro President of the NHL John Ziegler addressing Alumni Convocation. tend to all his clients needs, he the NHL president concluded. ■ said.' This includes not Just The' Edwin F. Jaeckle contract negotiation, but also any Distinguished Alumnus Award other legal and personal problems was presented by Jaeckle to Frank with which the player was faced. G. Jr., a graduate of the Finallyv Ziegler noted the classRaichle, 1919, of and past regent of monumental importance of the CanisiusCollege. McCourt case. Dale McCourt, the The convocation also honored star of the Detroit Red Wings is challenging an arbitrator's the class of 1928 which is decision which would send celebrating its fiftieth anniversary. McCourt to theLos Angeles Kings The morning panel looked at as compensation for. the Red some of the problems of sports Wings signing of free agent Rogie law. Robert O. Swados, vice Vachion, former star goalie for president and general counsel of the Kings.. the Buffalo Sabres, and Secretary The trial court has reversed the of the NHL moderated the panel, arbitrator's decision and the case which included former Buffalo lawyer is presently on appeal to the Sixth Bill Ed Rutkowski, Buffalo circuit. The compensation and player agent, William Lerner, procedure was in accordance with Ralph Halpern, attorney for the the collective bargaining Buffalo Bills and Pat Gillick, agreement between the owner's general manager of the Toronto "and the player's association, Blue Jays. The panel discussed the Ziegler said. "There is great uncertainty problems encountered in Contract over what we can do by way of negotiations, the role of the collective bargaining until the lawyer in properly representing a McCourt case is decided, Ziegler player, and the various ways the claimed. "The McCourt case will different leagues attempt to decide how far the collective maintain a competitive level of bargaining agreements can go," play. beliefs." > Two justices dissented, arguing that the victim's injuries could hardly be characterized as "trivial or insignificant." • Following the June 1978 decision in Caudillo, opponents of Chief Justice Bird launched a concerted attack on her character and judicial qualifications. Her critics pointed to her lack of judicial experience prior to being appointed to the California Supreme Court. A right-wing group known as the "Law and Order Campaign Committee" filmed TV commercials criticizing Chief Justice Bird for her decision in the Caudillo case. The TV campaign urged the electorate to remove her from office on Election Day. The tenor of the attack on Chief Justice Bird's judicial qualifications reflects a sexist bias against women judges. Noteworthy is the fact that instead of criticizing the majority of the California Supreme Court or Justice Jefferson who wrote the opinion in Caudillo, her critics have argued that she was unqualified to be a judge on a high appellate court. Furthermore, the criticisms of the Caudillo, case unfairly singfe out Chief Justice Bird, the anti-Bird groups forget the fact that she and four other members of the Court upheld the convictions of the defendant for rape, sodomy, oral copulation, robbery and burglary. In addition, there is some validity to the majority's assertion that setting the standards for degree of punishment is ultimately a legislative determination. The legislative history of the statute in question clearly indicates the drafters of the law only intended it to provide punishment for additional physical injuries. Certainly, the result in Caudillo is a sad one as the victim's outrage and injuries (emotional, psychological and physical) will probably never be vindicated. At best, the Court in Caudillo was unbelievably insensitive to the victim's very real injuries. Judge Jefferson had absolutely no justification for his statement that the victim's injuries "can at most be considered insubstantial in nature." At worst, the decision in Caudillo reinforces the fears of victims of sexual attacks who refuse to report the incidents to the police or refuse to testify in court; they quite understandably believe the courts will not provide substantial justice in this area. Yet, if the result in Caudillo is troubling and disturbing, so too is the right-wing campaign against Chief Justice Bird: Hercritics have unduly politicized the judiciary and have unfairly singled out Chief Justice Bird as the target of theircriticisms. The ultimate answer to these troubling issues rests with the California voters. One can only hope, however, that personal repugnance towards the result in Caudillo will not result in an unjustifiable removal of Chief Justice Bird. LATKO PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume is a must! We will typeset & print your resume in a style thatsuits your needs. We can do it better, faster & for less. 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. (North Campus) November 9 834-7046 Opinion 5 �, Culinary Counsel Simmering Savory Soups Soften Season's Severity 1 cup celery, chopped fine 1 Ib. bag dried lentils/ split peas (about 2 cups) 8 slices bacon or two ham hocks (optional) If it doesn't fall apart, cook them all. If it does, add more flour. (Note: the matzoh balls are cooked separately, then added to the soup.) Vi hour longer. Meanwhile, peel the onions and slice thinly. Saute the onion in Vt cup hot oil in a medium skillet, stirring about 5 minutes, then remove from heat. salt and pepper to taste Slice the celery on the diagonal in ]A inch slices. Wash the zucchini and slice In a pot, no smaller than 6 quarts, fry the bacon or the ham into !4 inch rounds. Peel the hocks. Remove from the pot. tomato, slice into Y> inch slices, Saute the chopped vegetables in then cut into Vi inch cubes. Press the bacon fat for 5 minutes. (If 1 clove of garlic. Add the you are not using meat, start with vegetables to the onion with V 4 two tablespoons of oil in the pot teaspoon salt and the pepper. and saute the vegetables as Cook slowly, covered and before.) stirring occasionally. Add to the Wash the lentils or split peas. bean mixture with % cup parsely Pick them through to remove any and the spaghetti. Cook slowly, hard ones that look like pebbles. covered and stirring occasionally, Add the lentils or split peas to the about 30 minutes. pot with 4 quarts of water and bring to a boil. (Ham hocks Grandma Frieda's Chicken Soup should be returned to the pot at with Matzoh Balls / from this time also.) Frieda Ehrenstein via Cheryl When it comes to a rolling boil, Block turn down the heat and simmer Beef bones* about two hours, adding water if Beef soup meat* needed, until the lentils or split 2-3 stalks celery, or soup peas are soft. (The bacon should greens (celery is cheaper) be crumbled and returned to the carrots (a few) soup after simmering. The ham 1 onion hocks should be taken out, the 4 quarters of a chicken meat cut off the bone and salt to taste returned to the soup.) The soup is 2 quarts water (approximately) ready to serve. �German Jews also use beef I usually freeze half the soup meat and bones to make chicken and keep the rest for use during soup. Grandma says it's yummy the week. It's a good idea to add that way! elbows or another small macaroni Place the beef bones, soup before serving. Cook the macaroni meat, celery, carrots, onion, salt separately while heating thesoup. and water in a large pot and bring Add the pasta to the soup when to a boil. Turn down and simmer ready to serve. at a low heat for '/> to % hour. Use only as much pasta and Add the chicken. Cook for 1 hour soup as you will need for each or until the chicken is soft. meal as the pasta absorbs the Allow to cool, then take out all liquid from the soup and the ingredients except the soup everything gets mushy. meat. Refrigerate the soup overnight. The next day, skim off Minestrone/ from the fat (which you save for the Marianne Suozzi matzoh). 1 cup dried white navy beans 2 101/ i oz. cans condensed Matzoh Balls chicken broth matzoh flour salt eggs 1 small head cabbage (V/> Ib.) salt and pepper 4 carrots (Vi Ib.) chicken fat 2 medium potatoes (Vi Ib.) For each whole egg used, add 2 1 Ib. can Italian-style tomatoes soup spoons of flour and 3 2 medium onions (Vi Ib.) tablespoons of chicken fat. Mix 'A cup olive oil until "liquid thick" (add water 1 stalk celery if necessary). Refrigerate for 2 2 zucchini (Vi Ib.) hours. Form matzoh balls with 1 large fresh tomato wet hands. Boil one as a "tester." 1 clove garlic 14 teaspoon pepper 'A cup chopped parsely 1 cup broken-up thin spaghetti Editor's note: In December's issue, Culinary Counsel will be devoted to Holiday recipes. Please share your favorites in a spirit of Holiday cheer. Recipes should be dropped in the envelope outside the Opinion office, room 263. Nothing warms both body and soul like a bowl of hot soup. It's a sure-fire way to ward off the chilling effects of long, cold Buffalo winters, even making them bearable. Don't get me wrong. I happen to like all the seasons, and Buffalo weather gives one the chance to enjoy winter a little longer than in other places. (Besides, I love soup!) Following are enough recipes to keep anyone sufficiently warm all winter. The first ones I have enjoyed all my life. The others I'm anxious to try. — Zuppa di Fagioli c Cavolo Beans and Cabbage Soup/ from Grandma Rosa Suozzi Small head of cabbage Vi cup celery, chopped Vi cup onion, chopped 1 garlic clove 1 cup tomato sauce 1S oz. can white beans Cut the cabbage into quarters and remove the hard stem. Wash and drain, then steam in a covered pot with a little salted water until tender. In another pot, cook the celery, onion and garlic in a little water until tender. Add the tomato sauce and simmer a few minutes. Add the can of beans with the liquid, and the cabbage. Heat and serve. Broccoli with Rice Soup/ The day before, put the beans from Marianne Suozzi i bowl, cover with cold water, in 1 bunch fresh broccoli, cover and refrigerate overnight. chopped (or two packages Drain them the next day. (A frozen chopped broccoli) quicker way to cook the beans is 4 cups chicken broth to cover them with water and boil 1 cup quick rice (or regular rice 2-3 minutes, then let stand an cooked separately) hour.) Take the chicken broth and Cook the broccoli in a little add enough water to make one salted water until tender. (If you quart. Pour into an 8-quart kettle use a covered pot and a low flame with 2 more quarts of water, two you can cook frozen vegetables teaspoons saltand the beans. without' adding water. Fresh Bring to a boil, reduce the heat vegetables should be steamed.) and simmer, covered for 1 hour. Add the chicken broth and wash the cabbage and heat to a boil. Add the quick rice Meanwhile, quarter. Remove the core with a simmer and until the rice is done sharp knife*and slice each quarter (or cook the regular rice separately and add). Serve with a thinly. Pare the carrots, then slice on the diagonal in V* inch slices. sprinkle ofparmesan cheese. Pare the potatoes, slice into Vi inch slices and cut into '/> inch cubes. Lentil/Split Pea Soup Add to the soup with the 1 cup carrots, chopped fine canned tomatoes. Cover and cook 1 cup onion, chopped fine 6 Opinion November 9 . French Onion Soup/from Risa Boyers Nadel 5 tablespoons butter 5 cups onions, sliced Vi cup soy sauce 7V4 cups water 2 garlic cloves, pressed V* teaspoon pepper Gruyere or Swiss cheese, grated stale French bread (or whatever is handy) In a pot, saute the onions in the butter until transparent and slightly brown. Add the rest of the ingredients. Bring to a boil, Potato-Cauliflower Soup/ then turn down and simmer until from Heidi Denton Lacher the onions are tender. Fill individual bowls with soup. (Serves 4-6) 1 cooked, steamed cauliflower Add a few small pieces of bread 3 cubed boiled potatoes ■ and top generously with grated 1 cup instant dry milk cheese. Bake at 450 degrees until 4 cups | stock from cooking cheese is melted. cauliflower and potatoes 2 tablespoons butter Greek Lemon Soup/from '/> teaspoon salt Lucy Kohane Ib. sauted mushrooms Vi V>. Ib. ground lamb cup grated onion H Y>. cup cooked rice Heat the stock. Then stir in the V* cup chopped onion dry milk, butter and salt. Blend 'A cup chopped parsely with 40 oz. chicken broth (5 cups) the cauliflower and potatoes until smooth. (Blend the stock Vi cup lemon juice (1 fresh cauliflower and potatoes in a lemon) blender before' adding to the 1 cup broken up vermicelli stock.) 2 eggs Simmer and add the grated salt and pepper to taste onions and mushrooms. Let Place the broth in a large pot simmer forl hour. and bring to a boil. While the broth is heating' mix the lamb, rice, onion and parsely together Mushroom Barley Soup/ from and form into % inch balls. When Karen Spencer the broth is boiling, drop in the meatballs, then simmer 1for 20-25 \ Vi cup barley minutes. Then drop in the 5 cups stock or water vermicelli and simmer another 20 3-4 tablespoons dry sherry minutes until the pasta is done. 3-4 tablespoons tamari sauce In a large serving bowl or soup 1 cup chopped onion tureen, beat the eggs and lemon 1 Ib. mushrooms, sliced juice together. When the soup is 3 tablespoons butter ready, slowly pour the spup into freshly ground pepper the eggs (not the eggs- into the Cook the barley in IVi cups of soup), stirring constantly. Serve stock, about 20 minutes. Add the bread, immediately with garlic rest of the stock, sherry and (serves four) tamari sauce. Saute the onions in the butter until clear, then add Cream of Broccoli Soup/ the mushrooms. Add to the barley --* from Jerry Seipp mixture and cook 20 minutes Serves Six more. Good with parmesan 3 chicken bouillon cubes cheese! ■ ■ by Paul Suozzi 6 cups water 1 head broccoli, broken up Vicup grated onion 1 cup instant dry milk dash cayenne pepper 1 teaspoon salt 2 tablespoons butter dashes nutmeg Bring ttye water to a boil and dissolve the chicken cubes. Add broccoli and cook until soft (about 45 minutes). Add onion, milk, cayenne pepper, salt and butter. Simmer on low heat about V 4 hour. Put mixture into a blender and-mix until uniform in texture. Return to saucepan. Serve hot, adding a dash of nutmeg to each bowlful. - * — - > '• -pou I suozzi �Short Relief Keep Those Cards and Letters by Maria Colavito Having spent several years working in offices in my prior life (before entering law school), I am than familiar with bosses' its of blaming their secretaries for all the mistakes they've made in weekly reports, annual budgets and the,like. So, last week when several of my friends were kind enough to point out to me that I had botched up the date of the Yankees/Pirates Series (it should have been 1960), I was very tempted to say, "My secretary must have made a mistake typing up the copy." But I don't have a secretary anymore and besides I made the mistake. Sorry. I could have sworn I started hating Bill Mazerowski in the sixth grade, but I guess it was the fifth. Apologies over, I am now forced to admit I can no longer write about baseball without taxing everybody's patience. I am well aware that most people need the long winter to recuperate from an eight month baseball season, although I for one could spend the winters watching them play in Puerto Rico or Mexico if I had the chance. I know of a few fellow enthusiasts who share my feeling that baseball is the only true sport, but we are more than out numbered by those who feel that winter is the province of football, hockey or basketball. Unfortunately, I know nothing about football, hockey or or practically basketball nothing. I am making valiant efforts to learn about these sports, but it is not an overnight process. Fortunately, I have developed a sure-fire strategy to get me through the winter months. It is what I call the "Sports Illustrated Letters to the Editor" approach to sports writing. I am not sure how many of you are familiar with the Letters section of Sports Illustrated. Well, the readers of Sports Illustrated Xc . - are a very fitting bunch for such a such things. Now SI is in a professional and well-written position to throw this letter into publication. They are as dedicated their files on "Ed Delahanty", to perfection in sports reporting "Hitters who have hit close to as the readers of Forbes are to the 3,000", "Hitters who won the accumulation of capital assets. batting title in 1902", "Baseball Nevertheless, every month, some reader of SI (as it is affectionately referred to by those who know) invariably writes in with some obscure statistic which the writer of the article in question forgot to include or had gotten wrong. .The letter writer is always from Waukeegan or Oskosh or Newark, where they apparently have nothing better to do than amass pages and pages of these facts and figures and carefully pour over SI catching its staff flat-footed (or with foot in mouth). An example: "Sir: On reading Ron Rimrite and several readers (these readers also keep track of one another) ruminating over great hitters who were in one way or another deprived of 3,000 hits, I was struck by the fact that no one mentioned Big Ed Delahanty. (Anyone with any sensitivity would justly be shocked over such an error.) At age of 35, Delahanty had amassed 2,593 hits, along with season of .400, .399, .394 and .408, and a lifetime average of .346. After terrorizing National League pitching for more than a decade with Philadelphia, he jumped over to the infant American League in 1902 and won the batting title with a .376 average at Washington. Then, in the next season, on the night of July 2, 1903, he was put off a train at F6rt Erie, Ontario after an altercation with a conductor. He wandered along the tracks onto the international trestle crossing the Niagara River between Fort Erie and Buffalo and, presumably, fell off into the roaring river. His body was later recovered." This letter was sent from a reader in Salina, Kansas where folks are usually accurate'about Film Views Gay Mothers "In The Best Interests Of The Children," a documentary film presentation of eight Lesbian mothers, talking of their experiences as Lesbians and mothers, will be presented by the Anti-Sexism Committee of the National Lawyer's Guild this weekend. In the film, the women make statements that show them both to be the same as, and different than other mothers. Their children are shown in interaction with their mothers, and in a rap group with each other, discussing how their mothers are different, how they feel about the court's right to decide where they live, and what they think about their own sexuality. . Also presented are an attorney and a clinical social worker, both of whom have done extensive work with Lesbian mothers. They offer their professional opinions around tfce issue of a' Lesbian's right to; maintain custody of her children, two of the mothers who have been through custody fights talk of those experiences. The others talk of what being a Lesbian means to their children, how they have talked about it, how it has affected their friendships. Throughout ye see these different mothers working and playing with their children. What the film says, ultimately, is that Lesbians are mothers, are good mothers, and that while they do have problems, these problems stem from society's, and the court's attitudes towards them. The solution offered is not to take children away from Lesbians, but to begin changing these attitudes. The film challenges us to think about the prevailing myths and raises questions of particular importance to us as members of the legal community. In conjuction with the film, the Anti-Sexism Committee and the Distinguished Visitors Forum are presenting Professor John Quigley of Ohio State University Law School. Mr. Quigley has had extensive experience in the area of Gay Rights in general and Lesbian Custody in particular. The film will be shown Friday, November 10th at 7:30 in Room 335 Hay,es. A showing at the Law School is planned for Monday, November 13th. Time and place to be announced. Poetic Opinion Shows Justice Can Rhyme submitted by Candy Appleton Judge Evans of Georgia's Court of Appeals, in response to a trial judge's demand that any further reversals ofhis decisions be written in poetry, rendered, in the interest of justice, the following opinion (which does not include the footnotes with supporting citations): players who have fallen off of trestle bridges into roaring rivers" and the like. All of this saves SI lots of money in research and gives them more money to send their correspondents to exotic places like Maui to shoot bathing suit issues, or Florida to cover baseball's spring training. Now, ff I were to write what I know about football (the last thing I knew about the New York Giants was that Frank Gifford was playing for them), I am bound to get five or six of you to write me letters telling me about the glories of your particular team or the sport in general. The same could hold true about other winter sports. In this way, I'll be building up a store of information and maybe Opinion will decide it can afford to send me to Florida to cover spring training. I suppose it is worth a try. If it doesn't work, I will actually have to write a column on something about which I know nothing (a situation in which some of you will probably feel I have already found myself before). "Keep Those Cardsand Letters Pouring In." Extensive "/ will appeal, sir" Which he proceeded to do "They can't treat me worse Than I've been treated by you." He prayed one day's delay From His honor the Judge But his plea was not granted The Court would not budge. So the case has reached us And now we must decide Was the guilty verdict legal Or should we set It aside? So the jury was empaneled All twelve good and true But without his main witness What could the twelve do. Justice and fairness The jury wentout To consider his case And then they returned The defendant to face. The law of this State Does guard every right Of those charged with crime Fairness always in sight. "What verdict, Mr. Foreman? The learned judge inquired. "Guilty, your honor." On Brown's face —no smile. To continue civil cases The judge holdsall aces. But It's a different ball-game In criminal cases. "Stand up "said the judge. Then quickly announced "Seven yearsat hard labor" Thus his sentence pronounced. Was one day's delay Too much to expect? Could the State refuse it With all due respect?. "This trial was not fair," The defendant then sobbed. "With my main witness absent I 'ye simply been robbed." Did Justice applaud Or shed bitter tears When this news from Savannah First fell on her ears? Mustprevail at all times; This Is ably discussed In a case without rhyme. - We've considered this case Through the night through the day. As Judge Harrison said, "We must earn our poor pay." "It you still say I 'm wrong, " The able judge did then say "Whynot appeal to Atlanta? Let those Appeals Judges earn part of their pay." This case was once tried But should now be rehearsed And tried one more time. This case is reversed! — Consumer and Commercial Credit Installment Banking Sales Control of Corporation Report Bulletin Cumulative Changes, Internal Revenue Regulations Report Federal Tax Course Federal Tax Handbook Federal Taxes Citator Report Bulletin Federal Taxes Report Bulletin Inheritance & Transfer Taxes Private Letter Rulings & Bound Securities Regulation Report Bulletin State & Local Taxes Report Bulletin State & Local Taxes Report Bulletin: New York T.C. Memorandum Decisions Judgement reversed looseleaf services. Even the freshmen should know by now what looseleafs are and why (hey are of such importance in legal research. We thought it would be helpful to publish a comprehensive list of the looseleafs we subscribe to from the major publishers of Bureau of National Affairs (BNA), Commerce Clearing House (CCH) and Prentice-Hall. To locate these materials in the library, check the periodicals list at the circulation desk. You may find it helpful to clip this list and post it in a prominent place for future reference!! Employment practices decisions Energy Management Federal Banking Law Reports Federal Estate and Gift Tax Reporter Federal Excise Tax Reports Federal Securities Law Reports Federal Tax Articlesand Bound Food, Drug, Cosmetic Law Journal Food, Drug, Cosmetic Law Reports Inheritance Estate and Gift Tax Reports, State Consumer Installment Credit Guide — — Secured Installment Credit Guide Transactions The Insurance Law Journal Labor Arbitration Aards and Bound Labor Cases Labor Law Journal Labor Law Library, Labor Law Reports SSiJSai.STBfaBSIA. l*tmor"B<lum GX'.°byorSrttoPFSlti?.ciSWa9.Hou(>.ws Commerce Clearing House Automobile Law Reports, Insurance Cases Balance of Payments Reporter Bankruptcy Law Reporter JCanadian Sales Tax Reports Canadian Tax Reports CCH Canadian Ltd., Canadian 'master CCH Canadian' Ltd., Canadian tax reporter. 2d cd. Cleanair and water newsCollege and university reporter Common Market Reporter also Euromarket News Congressional Index also The Week In Consumer product safety guide Corporation law guide Copyright Law Reporter CCH Canadian Dominion tax cases Economic Standards — Looseleafs Available Prentice-Hall All States Tax Guide American Federal Tax Reports, 2nd Congress y "I want a new trial State has not fairly won." "New trial denied," Said fudge Dunbar Harrison. Since the crash of 1975 when the law library's budget suffered severely and many items were cancelled (including Shepard's!), the library has been subjected to criticism and at times open hostility. It has not been easy having to continuously apologize for the collection's inadequacies. However, the worst was over last spring and we are well down the road to recovery. Filling in back issues and buying new titles has been a joyous celebration. One of the areas of concentration has been to expand our collection of tax guide - — - . by Karen Spencer Code Tax Bulletinand — The D.A. was ready His case was red-hot. Defendant was present. His witness was not. Labor Law Library, Labor Law Law ummary kabor Reports, Labor Law Gu?derbook to Labor Relations Medicare-Medlcaid Guide New York Estates, Wills, Trusts New York Tax Reports jNLRB Decisions Poverty Law Reports Corporations Handbook Professional Public Bargainingrises Public Employee Bargaining, Loose-leaf Secured Transactions Guide JStandard Federal Tax Reports Memorandum Decisions' Tax Court Reports Tax Treaties Taxes; The Tax Magazine Trade Cases Trade Regulation Reports US Matter Tax Guide , US Supreme Court Bulletin US Tax Cases Unemployment Insurance Reports Urban Affairs Reports Urban Affairs Reports, Weekly Summary Utilities Law Reports workmen's Reports - Compensation Law Bureau of National Affairs Antitrust & Trade Regulation Report Arbitration Bargaining Negotiations and Sollective ontracts The Criminal Law Reporter The Developing Labor Law Energy Users Report Environment Reporter Fair Employment Practice Cases The Family Law Reporter Federal Regulation of Bank Holding Companies Government Employee Relations Report Housing and Development Reporter International Evnlronment Reporter ILabor Arbitration Reports Dispute Labor Relations Reference Manual Labor Relations Reporter Labor Relations Yearbook Media Law Reporter Occupational Safety and Health Cases Occupational Safety and Health Reporter Patent, Trademark and Journal Copyright Securities Regulation & Law Report Tax Management Tax Management, Foreign Income Primary Sources, Tax Management — The United States Law Week U S Patents Quarterly Wage and Hour Cases November 9 Opinion 7 , �Opinion Interviews An Interviewer Today's Topic: Interviewing by Ken Turek It's come to my attention most law students don't recognize the interview is the most important factor in obtaining a legal job. Forget what you've heard about •requirements and realize now the honest, authentic atmosphere of the interview is the time to make or break your legal career. Here is an on-campus interview with an on-campus interviewer from which to cull some hints to turn each interview into your last: OP: HI, I'm Ken Turek and I'd like to interview you for Opinion, the law school's newspaper. IN: (looking down) Are you on my list? OP: No, but I'll only take a few minutes. IN: Is this some kind of ruse to make a good impression? Because if it is OP: Hey look I wouldn't want a job with your firm for anything, I just want an interview. IN: What's wrong with my firm? .. . . . well IN: Well it's hard to say you said you let's take you were Polish hmm tough luck. IN: No, no, no kid don't get me . touchy. OP: Let's get back on the track. Is your firm hiring any women? IN: Sure we are. Women are making many inroads in the legal world, and men are finally realizing that they're more than a sex object. Tell me, how are the broads here? OP: Broads? IN: You know kid, the broads, the babes, chicks, dolls. How are they? . OP: Uh .How are they? IN: What are you, gay? OP: I beg your pardon. IN: Forget it... ask me a question. .. . ... kind of Urn qualifications do you have to interview people? IN: Hell I've been doing this for and besides I over twelve years organize the office parties, so I know what to look for. tell me, do you OP: Hmmm. ever accept sexual favors from interviewees trying to get ahead? IN: Absolutely not. Any interviewer knows that sexual favors come after the person gets the job. What do you think we arc, barbarians? OP: Sorry. IN: We do have standards you OP: OP: Nothing, I just don't want a job with it. IN: What's wrong with you? OP: I'm Polish. IN: Oh. OP: Now, what is it an interviewer looks for in a prospective employee? Law Review? Moot Court? IN: Nah... OP: No? IN: Nah, an interviewer doesn't want those people. Hey it's a dog-cat-dog world out there kid and those people are a threat to my job. You don't really think people are hired for competence do you? Nah, potential's the key kid, potential. OP: Really? What kind of potential? wrong, we've got our Pole already, Ted Bozinik. Nice guy. What we're looking for .is an Irish Jewish woman about 40. OP: Oh IN: Is your mother Polish? OP: Hey look my mother stays out of this. IN: OK OK, God you people are What know. OP: I guess so. Well you know this has really been a great interview, and your firm really sounds interesting. Mind if I give you a resume? only but kid IN: Sure kid if you're on Law Review ... or Moot Court or if you're a 40 year-old Irish Jewish woman. ... ... ... Members of the class of 1928 enjoy themselves at the Alumni convocation held Saturday, November 4, in Law Library. ' Top Ten Questions Answered self-explanatory, people thought that a "B" by itself may lead to confusion (bursar, busstop, Answers to the ten most bathroom, etc.). "BSMT" leaves thought-provoking questions at no doubt. by Bob Siegel ÜBlaw: 1.) Why does the basement floor always look shiny and wet? Since all of the Amherst campus is built on landfill, there exists a good possibility of water seeping into the basement during a heavy downpour. In the event of such an occurrence, the custodians hope that no one will notice. * 2.) Why is the Basement elevator button differentfrom the rest? While numbers (1-7) are with Cornell Prof. Irving Younger. Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. New York. New York 10001 Tel: (212) 594-3696 Opinion 8 November 9 mV^/iSM/MA. - emptor." system" to employ? M Vjffl MMSvHBW[mT\ L^J V; — — "A" absent too often "L" late too often "U" unbriefed too often caught sleeping too "Z" 3.) Is Prosser god? All depends on your sectional often upbringing. But maybe this (18) tier system is still too rational and uncomplicated. Probably our best 4.) Who is the "reasonable bet is too regress back to the (25) man"? tier numerical system of 75-100%. While the term is obviously subjective, the answer lies in the discretionary power of the court. 7.) If a hole develops in our But you must remember that athletic "bubble", will it pop. or judges are only lawyers. Now, in deflate? all honesty, would a "reasonable The "means" doesn't matter, man" put up with (3) years of law it's the result that is important. school. (Something akin to the Hopefully either one will force "blind leading the blind".) the school to build a decent gymnasium. 6.) What is the best "grading Prof. Younger's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. The New York Bar Review (BAR/BRI) 401 Seventh Aye. Suite 62 would be as 5.) If t.K.A. finally passes, will 8.) Are lawyers truly despised in the N.Y.S. penal Code have to the real world? Rea"? rename "Mens Yes, there are people who This has been a major topic of concern in many Law Review think of us as uncaring parasites articles. Since there are generally who live off the. ills of society, as (4) "criminal states" under the double-talking snobs who turn heading of "mens rea", I guess it everyday problems into complex all depends on whether they legal arguments by inserting legal choose N.Y. state or not. (Feel terminology and Latin phrases where ever possible. To this free to reread this answer.) argument I simply say-, "Caveat >bu Will Learn New "fork Practice For further information, contact your local BAR/BRI representative or on his record) follows: U J M W^mtKrfrr^tt^r^^^^mM In my opinion, the (13) tier 9.) Is there any pay-off in the system would be the best since it short-run to shoot for during the would increase our competitive first year? * Since the future (career, etc.) is spirit and that's what law school is too distant and the immediate supposedly all about. The system would be as follows: (A+, A A-, day-to-day existance too 8+,8,8-,0,C,C-,D+,D,D-,F). confusing, I 'ye decided that I need As it stands now, the (4) tier to set my sights on a short-run system is too straight-forward and goal. I'm striving fo> a wooden rational, and leaves little to locker on the first floor. imagination. But obviously this (13) tier system by itself is not complicated enough. To begin 10.) Am I a fool for reading the with, entering students should be nine prior questions and did I given the option of substituting a waste my time with this article? The answer is obviously "yes". "P" for a "D" if this is their "psychological" preference. In But don't be dismayed. You've addition, I feel that professors just received a definite, concise should have the option of "not answer to a question without a grading" students for numerous question in return and this is reasons. These letters (for which something that probably won't the student would receive no happen again during your days at credit for the course but no mark UB Law! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2fffe7523d6837fc7a05c7bfd6db2403.pdf c71fc7955499952b3d63d0a7a1e38634 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 6 Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 December 7,1978 State University ofNew York at Buffalo School of Law Professor Laufer Retires After Two Decades At UB by Arlene Fisk On Tuesday, November 28 the final "brown bag lunch" with Professor Joseph Laufer and his Torts students was held. The lunch, organized by several members of the 1977 Torts class, was in honor of Laufer's retirement, and to let him know thathe is going to be missed. Professor Joseph Laufer, the "silver fox" of the Torts classroom, is retiring in December after 21 years at Buffalo Law School. Professor Laufer joined the law school faculty in 1957 and has seen many changes in both the school and its students during his tenure. The number of faculty has increased from six to its present number. The building which housed the law school in downtown Buffalo has been replaced with our present Amherst home, and, Laufer finds, the quality of students today is far better than those he taught in his earlier years. In the past, Laufer has taught courses here in Conflicts and Insurance Law. However, most recent students will remember him best as their Torts professor. "I love to teach. That's my great joy," he says. He especially enjoys teaching freshmen because they are willing to devote time to his course. "I treat law students as the professionals they are," he claims. Laufer does not intend to intimidate anyone with his teaching style, and is surprised to learn that he sometimes does. Laufer has always felt it to be very important to have contact with students outside the classroom. His primary complaint with O'Brian Hall is that no place is provided where students and faculty can casually come together. For this reason, Laufer has held "brown bag lunches" for the past few years, at which anything but Torts may be discussed. Those of us who have attended these lunches discussed everything from Laufer's background to the trials and tribulations of first year law students. To increase his contacts with students further, Laufer always attends student-faculty parties. Laufer is aware that Torts, and law generally, have changed drastically in past years. "Of torts," he says, "it is becoming obsolete. Torts won't be taught apart from teaching of compensation schemes such as medicaid and social security I hope we will find teachers who will teach Torts in its broadest context. What we need is a broad basic course on the modern compensation state." On the other hand, Laufer firmly believes that all courses, including Torts, ... Professor Joseph Laufer should be taught by the reading of cases. "There is no learning of law that is not wrapped around cases initially," he says. Of the law school curriculum, Laufer would like to see principles of ethics taught in every law school course. He also feels that elements of procedure should be learned in the context of substantive cases the first semester, with full courses in Civil Procedure taught the second and third semester. "Law is procedure and should be learned fully by every student." That this is Laufer's philosophy can be affirmed by all of his students who have learned from his "Freshman Key." Laufer claims that he does not know how he will react to Mike Buskua retirement come next September. The Final Hour: Peter Durant and Gladys La Forge in the last He promises that he will continue stage of the competition. playing frisbee and will reamin active in the Sarasota, Florida community in which he has lived for the past few winters. We hope that he stays happy and healthy in his retirement Thank you, Professor Laufer, for preparing us for the years of law school and practice ahead of us. We will not forget you. As AMOF (a matter of fact), we will miss you. Gladys LaForge and Peter The hypotehtical moot court Durant, winners of the fourteenth problem consisted of two issues: annual Charles S. Desmond Moot the continued validity of Seider v. Court Competition, were among Roth quasi in rem jurisdiction in 20 competitors invited to join the the light of the 1977 Supreme law school's Moot Court Board. Court decision in Shaffer v. The invitees were selected on the Heitner and the standard of care basis of both oral and brief scores owed by attorneys in legal from a field of 68 first- and malpractice situations. second-year students, one of the The judging panel in the final round was headed by Charles S. largest groups ever to compete. Desmond, former Chief Judge of LaForge and Durant defeated the New York Court of Appeals, the second-place team of Richard who wrote the 1967 opinion in Bedor and Elizabeth Buckley in Sitting with him were two Seider. the November 18 final round of current Judges of the Court of Mike shapim the competition. Those two teams Lawrence Cooke and joined in the semi-finals Appeals, In recognition of his many had been Matthew Jasen, Fourth District years of teaching, we share with by the teams of Richard Abbott Supreme Court Justice Richard you portions of a poem written and Robert Gurbacki and of Erik Simons and Professor Kenneth about Professor Laufer by Wayne Lindauer and Patricia Jayne. Joyce. Lopkin, a student in Torts last Shelly Cohen and Robert Invited to join the Moot Court the for prize Deane were awarded year. Board were Richard Abbott, writing the best brief in the Richard Bedor, Elizabeth competition. First-year student Buckley, Michael Chakansky, poem on page three Ronald Zarowitz was named best Peter Durant, Judy Feldt, Barbara oral advocate. Goldberg, Robert Gurbacki, Mark Hammer, Patricia Jayne, Gladys LaForge, Erik Lindauer, Andrew Mandell, Melissa Marr, Karen Myers, Laurie and new titles enabled the Mathews, Phillip by Mike Buskus Robert Struss, David Ogden, to serve a Department growing Ronald Zarowitz. Whitbread and In the four years that the clientele. Professors and students who accpet membership Audio-Visual Department of the were encouraged to utilize these on Those Board will help the Board's the Law Library has existed, it has services. Professor Joseph Laufer has interscholastic teams prepare for increased in both size and variety competitions at other schools and of services. Before November been one of the most active users will take part in running the Laufer's Torts Department the 1974, the A-V Department didn't of Albert R. Mugel Tax Competition, even exist Karen Spencer was classes have been taped for a which will be held in April. Anyone years. missing number of hired in 1974 as Audio-Visual Librarian. The Department began Laufer's Torts class or wanting to * * * The Moot Court Board's in 1974 as a small one-room office review a class tape for note-taking a National Team was defeated by on the fifth floor of the Library. can listen to it or even obtain It started with only a few reels of copy of the class tape. This year Suffolk Law School in the microfilm and several tape Professor Spiegelman has also Regional Competition in Boston utilized the A-V Department's last month. Suffolk, which recorders. The Department expanded recorders to tape classes. These advanced to the semi-finals of the dramatically, however. Gradual facilities are also available to other competition, won the award for continued on page three the best brief. acquisition of extra equipment — LaForge And Durant Victors In Desmond Moot Ct. Competition - — A-V Provides Valuable Aids And Services * A-V's Valuable AWe, Karen Spencer - �Vol. 19, No. 6 Editor-in-Chief jason Poliner Dec. 7,1978 Gruber Reacts To Alleged Insensitivity Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Letters To The Editor Opinion which was general statements that were 1978 issue of similar. The substantially made. not funny because sentences are Since my contribution to the authors are, they are First of all, there was never any of who their September 28, 1978 issue of of their structure. funny because Opinion which you entitled "Fill intent to display any persons as These of sentences are types social Out This Form, Maam", I have uneducated, moreover, that is, malapropisms, known as read with great dismay two hardships had nothing to do with the humorous of a misapplication of view see the point comments about that it I now contribution in your last two presented by those comments and word or phrase. Persons who stop on who they perceive issues. It is incredible to think I am sorry they read the article to reflect the authors to be are not going to believe I a attitude. still can read so into with that much people impress as with their social anyone funny, are and sentences that those few words. All irresponsible they have uncalled for personal attacks funny as the contribution of consciousness for far, the gone 14, too simply the sentences September some Ross in Larry aside, I must take issue with were never intended for analysis. To the Editor: Alan Beckoff, Steve Blumberg, Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Arlene Fisk, Amy Fricano, John Gruber, Mark Litwak.Esq., Wayne Lopkin, Jerome Paun. Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo President's Corner Furthermore, APPC Votes No Change In Present Grading Policy forthcoming final results something different than the preliminary results. These events bring us to last week's APPC meeting where they had our final results. Although there was again some discussion on whether the D should be changed to a P it was decided that the present HQDF system should be kept. This is the recommendation which will go to the faculty. The Committee that last year came up with A, B+, B, C, D, F, is now recommending HQDF. The change speaks for itself we did have an effect, a major effect, on their recommendation to keep HQDF. I am confident that the positive response of the APPC can be- translated into a positive response by theentire faculty. indicating Editorial So Long, Silver Fox The editors of the October, 1957 Opinion had the great pleasure of welcoming Professor Joseph Laufer as a full-time member of the faculty. Today, we face the sad task of saying good-bye to a man who has had a long and illustrious career. Opinion would like to take this opportunity to extend best wishes to Professor Joseph Laufer who will be leaving by Tony Leavy SUNY Buffalo for SUNNY Florida at the semester's end. Those students who have been fortunate enough to have Some typical comments which had Professor Laufer can appreciate not only his knowledge I have heard regarding our recent of the law, but his enthusiasm, and most of all, his concern grade change referendum reflect for his students. Whether it be at an SBA party or the first the notion that our efforts were year picnic, Professor Laufer was always there — always futile. I want to dispel these accessible to offer advice, sometimes criticism, but always notions of nonaccomplishment. encouragement. We wish him good times, lots of Florida sunshine, and last, but not least, continued success with his frisbee. .; ,-,.. Good Bye; Good Luck Unfathomable as it may seem, finals have set upon the hallowed halls of John Lord O'Brian once again. Fof-some, it is next to the last time around. For others, it is the first and most difficult lap. For still others, it is just another circuit. Regardless where you may be in this marathon they call law school, Opinion hopes the obstacles are few and the finishing time is near. To Professor Marjorie Girth, who will be spending the next 18 months at Virginia Law School, and to Law Librarian Karen Spencer, who will be spending the next semester at the University of Maryland, we wish the best of luck. To all of you: have a good vacation! Look, if you want me to defend you, you'll have to tell me exactly where you hid my fee I mean, the stolen money! ... — Opinion December 7,1978 darker side of the human condition are never funny. In The Mysterious Stranger Mark Twain formulated his final analysis of the human condition. He also proposed a remedy: laughter. The human race, wrote Twain, has "unquestionably one really laughter. effective weapon Against the assault of laughter nothing can stand." "Everything human" Twain believed, "is pathetic. The secret source of humor itself is not joy but sorrow. There is no humor in heaven." Twain also wrote: "I believe that our Heavenly Father invented man because he was disappointed in the monkey." The difference between the man and the monkey then, is that the monkey never learned to laugh. — ' '■"■ JohnM. Gruber We students have changed the focus of the administration and faculty. They awaited our results and the action now being taken by the administration and faculty is being taken based on the referendum results. The Academic Policy and Planning Committee was going to To: Faculty Members of APPC, apply the following scale: (1) Less than 100 footnotes make some recommendation Tom Headrick, Bill Greiner v F, failure before November 1 st but because From: Barry Boyer (2) 100 to 200 footnotes D, our referendum was at the end of Re: Seminar Requirement October, the APPC delayed their The following is my attempt to marginal credit Q, (3) 200-350 footnotes recommendation. re-draft the seminar requirement After having waited for our in light of the discussion at last qualified (4) More than 350 footnotes results the APPC met the week Friday's faculty meeting. after the referendum. There was 1. Each student shall be H, Honors. one agenda item the grade required to take one seminar For purposes of this scale, recommendation to the faculty. taught in the Classical Manner.* "footnote" is limited to citation Each of the committee members The "Classical Manner" is that of a reported judicial decision or had a copy of our preliminary described in Plato's Apology, statute. "See also'" and "Cf." results which showed that a four Crito, and Phaedo i.e., the citations shall count as half of a tier H-Q system was instructor performs feats of verbal regular footnote. 3. To minimize the admitted overwhelmingly desired, with the and logical legerdemain, while vote close between HQDF and students murmur approvingly, arbitrariness of requiring HQPF. At this point it is critical "Most assuredly, Socrates" and certification at the course level, to remember that because last "How could it be otherwise, each instructor shall be dealt five year there was -a feeling among Socrates." Discussions must be "wild-card certificates" at the some administrators and faculty conducted in Latin or Greek, and beginning of each academic year. that students were dissatisfied togas should be worn at all times. Wild-card .certificates may be with the HQDF system, the 2. Since writing a bad long awarded in the instructor's sole faculty charged the APPC to paper is a more challenging and discretion, and any student recommend some type of AB rewarding intellectual experience presenting a wild-card certificate system, preferably a five tier than writing several good short to the Registrar's Office will be system. Resulting from that papers, and since most graduates deemed to have satisfied the charge, the APPC recommended of this law school will spend the seminar requirement. A,8+,8,C,D,F. bulk of their professional career: �Under exceptional Now, just a couple of weeks writing law review notes, all circumstances, the APPC may ago, the APPC, using our results, seminar papers must take the grant waivers for seminars offered refocused both theirattention and format of a long law review note. in the Neo-Classical manner. their recommendations. We Those who find quantification However, under no circumstances refocused them from a five or six distasteful may define "long" as shall seminar credit be given for tier system to a four tier system "not short." Those who find lack courses taught in the Elizabethan, and from AB to HQ. The APPC of quantification distasteful may Romantic, or Modern manner. did spend some time discussing should be replaced whether the D with the P but they unanimously voted to recommend to the // we are all presumed to know the law, faculty that they keep the present why do wehave to take the Bar Exam? This was HQDF system. Professor George Zimmerman contingent on the then Seminar Requirement Plan Leaked To OPINION - - - - — - Quote of the Bi-Week - 2 I heartily disagree thathuman failings or the �Baldy Center Promotes Interdisciplinary Goals —Swan A new program aimed at The primary function of the increasing the opportunities for Center is to generate interdepartmental degrees has interdisciplinary research, said Dr. been set up at the law school. The Wendy Katkin, Assistant to the Baldy Center for Law and Social Directors of the Baldy Center. "The trend in research is Policy is the new program combining the resources of the turning toward utilization of Law School and the School for interdisciplinary methods." By Social Sciences. bringing together people from . (The Spectrum Dr. Wendy Katkin different departments to do reserach projects, interdisciplinary research should be furthered, Katkin said. Before the Center was founded, interdisciplinary research went on, but with no sense ofcohesion in the programs. The Center is expected to Expanding A-V Dept. Awaits Computer — continued from page one professors and students upon request Early in the history of the Department, it became apparent that there simply wasn't enough space in the one-room office to accommodate the increasing number of patrons. Remodeling took place in the Fall of 1976. What was formerly the Rare Books Room eventually became the A-V Lab Room where tape recorders and microforms readers are presently located. Several smaller rooms were redesigned and combined into a larger room which now houses equipment storage space as well as office space for the A-V staff. As the Department expanded, the number of library-user services increased. A major project undertaken by the Department at Karen Spencer's initiative was the Legal Research Slide-Tape Programs. These 10-15 minute audio casette and color slide presentations explain in detail what various legal -research .tools are available and how they" are used. There are presently 11 of these slide-tape programs covering such topics as Shepard's Citations, American Law Reports, Case Digests, Legislative History, Court Reports, Legal Periodicals and others. The A-V Department, in cooperation with the library reference staff also prepares an extensive set of legal bibliographical guides. These are available free of charge on the second floor of the library behind — the reference desk. An on-going acquisitions policy has augmented the supply of microforms. An extensive collection of bill jackets is available to facilitate legislative history research on New York statutes. Additional material covers Federal Legislative history. Recently, the CIS (Congressional Information Service) has been added on microfiche. A complete set of the Federal Register is also available on microform in the A-V Department. The CFR, including ail superceded materials, is also on microform. A substantially complete set of United States Supreme Court briefs, including briefs for certiorari denied cases, is likewise accessable in this Department. Expansion of videotape services has also occurred. Last year the Department produced a 15' minute tape starring Bill Brooks. This tape captured a generous slice of life around the Law- school. Copies of that tape have been used in recruitment efforts by theLaw school. • Other activities at. the -Law school have been videotaped and are available for viewing. A sample job interview featuring Arlene Fisk is available for persons interested in perfecting job-interviewing techniques. Tapes of Moot Court competition final rounds are also on file in the sth floor A-V offices. These materials as well as tapes of special events such as the Public Interest Law Conference will be preserved on ■ - - videotape for the law school archives. This year, students competing in the Desmond Moot Court Competition were given the opportunity to have a practice round videotaped. Any students or professors who would like to use the videotape equipment should consult with the A-V staff. The services of the A-V Department are also being used by practicing attorneys in the area. A variety of audio and video programs furnished by the New York State and American Bar Associations are now in stock. With the heavy use of the Department's services this semester, a few problems have arisen. Some equipment malfunctions and a shortage of copying paper temporarily limited availability of copies of microforms. This difficulty should be alleviated soon. Also,, a: considerable number of people who have borrowed cassette tapes that are now overdue are asked to return them. The Department will soon have a computerized reference tool, Lexis, a legal research source marketed by the Mead Data Corporation, will be available for use on January 1, 1979. Kathy Carrick, Associate Director of the Library and Reference Librarian will supervise instruction in the use of this computer. The student Research and Writing instructors will be trained in the use of Lexis early in January. Later in January the computer will be available for general use by students and professors after initial instruction by librarians. The computer will be restricted to law-school use only. Students will be advised that they are not to use Lexis in connection with an employment-related project for any law firm or other employer. The terms of the lease contract with Mead Data Corporation specifically preclude that type of use for the computer. The A-V Department also pioneered the use of "Bitch Tickets" as a means of improving serviced to library users. Complaints and suggestions channeled through "Bitch Tickets" have been acted on and are often reprinted in the Opinion. integrate programs within the University, Katkin explained. The Baldy Center will serve two major needs in this integration process. The Center will provide coordination for those students seeking combined degrees in law and other disciplines and the center will supply financial support to certain highly qualified students pursuing a joint degree. The University offers two types of combined degree programs involving thelaw school, the dual degree and the joint degree program. The Joint degree program will be limited to a small number of highly qualified students pursuing both a J.D. and a Ph.D. degree. It is expected the joint degree program can be completed in either 5 or 6 years, Ms. Katkin said. Under the direction of the Baldy Center staff, joint degree students will follow a program designed to help the student develop a personal curriculum which integrates the knowledge and methodology of the disciplines being pursued. The student will also receive aid in developing research and writing skills. joint Degree students will have the opportunity to plan and participate in small group seminars and colloquia with visiting scholars. Katkin said the joint degree students could count up to nine hours of approved course credit received' outside the law school toward the 81 hours required for the J.D. degree. She admitted the staff was aware of the outside courses causing problems when the 72 hours q or better rule of the law school is applied, but noted this area was being looked into. Katkin also said more seminars and cross-listed courses would be offered in the near future. These courses could be applied to either the J.D. or the Ph.D. After four years as Audio-Visual Librarian, Karen Spencer will be on a six-month leave of absence this spring. Karen has accepted a temporary appointment as a library consultant with the University of Maryland. She will help plan for the construction of a new law library at the University's law school in Baltimore. She will organize an A-V* Department there. Maryland presently has no facilities for these services. In addition, Karen will work on the provision of public services such as a reference staff and general outreach programs. Nina Cascio, a graduate assistant, and the rest of the A-V Department staff will take over the duties of the A-V Department requirements. The second category of in Karen Spencer's absence. combined degrees is the dual degree program. The major differences between the joint and the dual degrees are that only joint degree students are eligible But what theheck is a lighted squib: for Baldy Fellowships and* the I de Set Ux v. W de S, joint degree program is limited to I won't even begin to guess! students pursuing a J.D. and a Some cases put you on the brink, Ph.D., while the dual degree Like a heartattack for "To me you stink!" student may pursue a masters and And others make you feel the pain, a J.D. degree. Or have you forgotten little Elaine? The Baldy Fellowships, made And still others you'd like to rap, available to the joint degree Just one example is the amorous sapp. students, will provide financial Some opinions are a lot of poop, support during the student's first But then again, do you really give a hoop? year in law school and the Itall began with battery, assault, and oh yes, student's dissertation year. Our old standby, mental distress. Approximately four of these Privilege, mistake and self defense fellowships, worth $3500 a year Intentionally on till negligence! will be made available to qualified We learned something about a standard of care, applicants each year, Katkin said. And something about a broken chair. Financial aid for the student's I try my best and look all I can, other years of study, up to four But I've yet to meet a reasonable man. additional years may be obtained Sometimes I'm confused and other times balmy, from the department through Were you really in the Confederate Army? which the joint degree student is The practice exam sure was free, seeking the Ph.D. degree, Katkin Until the P & S of the autopsy! said. And as we venture through the courts, More information about this We pray we don't run into Prosser, Wade or Schwartz. program may be obtained by But my story cannot end, contacting Dr. Katkin at the At least without this last amend: Baldy Center for Law and Social Lord help me if I make that tragic flaw, Policy, room 511 O'Brian Hall. And forget to say: "No negligence as a matter of law! , ODE TO THE SILVER FOX continued from page one I must admit, I've had more pleasant thoughts Than those about the law of torts. Put on your coat, tie your tie and change your socks, Today we pay homage to the silver fox! He knows the law to the tiniest particle, And can tell you the ins and outs of any law review article. He can tell the difference or so you've heard, Between talky-talk and a weasel-work. He stands and gazes into our dull faces, Then quips: "My God, don'tyou read these cases!" He lectures about the law and oftimes even preaches, Look out you people in the upper reaches! But that's not the worst, it gets horrider, While we're here next semester, he's in Sunny Florida! We are told that jury trials are honey, Why you ask? Man, that's a lot of money!" - Ranson and Kitner was quite a goof, Those dirty dogs shot a pseudo wolf! Mrs. Rush fell into a deep dank abysmal pit, unpleasantness. Ninefeet down into a high pile of The law is often as gritty and grimy as can be, Evidence Banana One, Banana Two and Banana Three! Where else could a harmless hug and kiss Develop into a friendly paralysis? Scot and Shepard involved a little fib, December 7, 1978 Opinion 3 �Public Interest Law by Mark Litwak, Esq I'll never forget how Alan Morrison, Director of Ralph Nader's Litigation Group, described his job: "I go into the office each morning, open the New York Times, and sue on anything that pisses me off." Donald Ross, former Nader's Raider and now Executive Director of the New York Publ|c Interest Research Group, Inc. (NYPIRG) also has an unconventional job. His typical day might start as follows: 7:00 arrives at office, read newspaper, confer with staff on study of toxic chemicals in Hudson River drinking water, edit report on sex discrimination by employment agencies, call local legislator to lobby for adoption of the "Bottle Bill," conduct press conference announcing lawsuit to stop illegal practice of legislative "lulu" bonuses, have lunch, etc., etc. But all is not glory. Both Morrison and Ross earn less than 1/3 of what their law school classmates earn. They don't have their own secretary, a carpeted Offers Job Satisfaction office, or an expense account at the 21 Club. Rather, they consider themselves lucky to have their own desk, a door on their office and enough change to patronize the local fast food restaurant Why then do they do it?They have decided that they prefer to give up some of the prerequisites of a traditional law career in exchange for the greater job satisfaction they receive while working in the public interest. When they awake Monday mornings they do not experience B-Ball Commissioner Attacks OPINION And Renders Own Following the lead of a local assignment of numbers to the V sports manager who is certainly rosters that were submitted more experienced in the business Those teams were then divider of sports than I, I have decided to into two equal divisions take a stand against what I feel to Following the games played or be irresponsible sports coverage by the local news media. The media has shown itself to be completely irresponsible in it's coverage of the Law School Basketball League in that not a single word has been written about it. Here we are on the verge of setting countless individual and League records and it may all go unnoticed. For example, team number one has clearly established a dynasty by winning a record number of games and since they are all third year students they have all applied lor teaching jobs at the Law School next year so they can come back and do it again. Other records to be entered in the annals this year include: Stu Markowitz has still not been heard to raise his voice during a game; incredulous as it may be, Jim Kelly has not been the cause of a single fracture this year; Tom Bender has actually scored a lay-up; and finally, the Moot Court team of Rosenbaum-Roisman has not lost a single argument on the court. I'm sure everyone is as astounded as I am to discover that not a single word of these newsworthy events has appeared in print. For this reason, although it may be deemed by some to be drastic action, I have decided to bar Maria Colavito of Opinion, Erik Brady of the Courier Express, and Gary Papa of WGR-TV from setting foot in the Bubble on Thursday nights at 5:30. No longer will they be assigned special locker room facilities (the first hook) in the Bubble, which by the way is a showplace of the east (I've shown it to people and they just don't believe it exists). No longer will they receive reserved seats at courtside (the park benches). Finally, they'll have to ask someone else for a ride to the Bubble because they're not riding with me again. From this point on I will no longer share my words of wisdom with these people. If they have any questions they should direct them to my Co-Commissioner Jim Kelly, also known as the silver tongued devil. Since it is clear that I cannot rely on the above mentioned newspeople I have taken the liberty to write my own news... The 1978-79 basketbal' season began with a randoir Opinion a sinking feeling in their stomachs upon the realization that another work week lies ahead. Quite the contrary, they can't wait to get to work and plunge into another week of frenetic activity. Public interest lawyers believe in what they do. They have control over their work. They are not just another drone in a large law firm. They immediately take positions of leadership in their organizations and find themselves pitted against top law firms and powerful special interest groups. They seek to make the world a better place to live in. Lawyers are taught they have an obligation to represent even the most detestible persons. This obligation of the profession is ostensibly meant to ensure that everyone receives the best defense possible. Unfortunately, it is often used as a justification by all those lawyers who are only too anxious to sell themselves to the highest bidder. If you haven't noticed, industrial polluters, white collar criminals and assorted mobsters do not seem to have much trouble refugees from large law frims looking for public interest work. They have discovered, albeit belatedly, that it is better to be satisfied than rich and miserable. Opportunities in public interest work have increased dramatically over the past decade. The tremendous growth in consumer, environmental, political reform, equal rights and taxpayer organizations provide many alternatives to more traditional careers. Many of the jobs are not only exciting but provide the chance to become an expert in one's field. A review of the backgrounds of recent presidential appointees shows that public interest work is increasingly serving as the training ground for many important decisionmakers. These leaders bring a public interest perspective to their work that is absent in persons who have risen up through industry or business. Those are the highlights for this semester and I know you all wait with baited breath for the second half of the season and those all important playoffs. If November 16 the divisior any of you basketball players standings looked like this: aren't hungry enough for a win, I remind you that intramural Mark Litwak is a staffattorney championships can be put on a Eastern DivisionI Western [Division competent legal and the Regional attracting resume. Director of the assistance. Team W L Team W L New York Public an era Interest 0 11 of changing lifestyles, 1 1 5 4 John M. Gruber we In find growing 4 0 12 3 numbers of Research Group, Inc. (NYPIRG). *4 2 2 3 *7 6 5 3 3 2 1 1 *5th 5th game was 2 2 2 4 4 13 9 10 8 14 3 2 1 1 1 2 3 4 4 4 >ostponed pi The first half of the season grinds to a halt for exams after the games scheduled for November 30 are played. After all, if those basketball stars don't study hard they won't have a real profession to fall back on after they've burnt out their athletic ability. An overview of theLaw School Basketball League looks like this; it is composed of five teams of third year students, five teams of second year students, and four teams of first year students. Approximately 91 students signed up to play with the distribution over the three classes being almost equal. Only one faculty member signed up to play, but one other faculty member has been promising an appearance for the last two weeks. Those promises have been dismissed for non-appearance (without prejudice). Rumor has it the league has also been infiltrated by at least one law spouse and one law brother. The Commissioner has decided not to pursue the matter after learning they were both under six-feet tall. The old news is the champions of the past two years continue to dominate. This season they are identified as team no. 1 and it is the 1-2 punch of John Gilbertand Stu Markowtiz that keeps that record unblemished. Team no. 4 is the other undefeated team and Big Bob Laßussa is the major obstacle for opposing teams. In the Western Division, playing sometimes inspired ball, team no. 11 has run off four straight wins after an opening day loss. Lead by the intense worrying of Bill Brooks, team no. ,11 is composed of two literary talents, a guy with an iron touch under the basket and a guy with a maiden name. December 7,1978 In A World Of Complacency There Are Always Bitch Tickets only way we can supply items you delivered to the circulation desk, 54. 8/7/78 by COMPLAINT: None of the want is you telling us what you are ignored. The first volume is present, but subsequent volumes are interested in. copies of CCH Poverty Law 56. are not. It would have been a big Reporter are kept up to date. COMPLAINT: Some time in help to' fetch last year's from the RESPONSE: The current set of September I informed one basement, but this was not done. Poverty Law Reporter is in the early supervisory personnel in of the RESPONSE: We have brought Attorney's Room. Volume 2 was in a professor's office for a long the Circulation Department that fill-in copies of the CFR down the lights on the long table which from the Faculty Library. Sorry time without being charged out. It farthest from the large window that you were put off at the has now been retrieved and is filed is nearest to the elevator on the Circulation Desk. Had you filled and up-to-date. 7th floor were not working. I was out a written request for the 54A. 9/11/78 problem would missing volumes to be brought COMPLAINT: Studying in the assured that the down from the Faculty Library? library on weekends is hard be noted. have been may The Those problem requests are usually filled as enough, but do the student not been quickly as students working at the workers have to make it more noted but it has been done desk can fill them. difficult? I don't mind them remedied. All that has is to tie the electric cord of the We try to be careful about not the watching football or baseball lights around the supports of the mixing up the current volumes games on television, but I domind Why can't this be fixed? Or, with superceded editions from the them when they turn on the table. when will it be fixed? Fiscal basement, but again, we will bring volume. notwithstanding, a the material up for you if you When they turn on the sound, problems like this can surely request it. problem minor they make it loud enough to should be! know the game is on, but soft be handled and RESPONSE: The Maintenance 62. COMPLAINT: Where are enough not to be able to hear the has been notified. copies of the Law School Department plays and score. THAT IS VERY Routine maintenance has not newspaper, The Opinionl ANNOYING! RESPONSE: The library will curtailed by budget cuts, but If they must watch the games, been it takes a While for now keep copies of the Opinion sometimes which is understandable, ask them necessary parts, on reserve beginning with Volume etc. to do it with the sound 57. 19, No. 1 (September 14, 1978). Thank you. COMPLAINT: Where are 397 Back issues are also kept in the RESPONSE: The only and 398 U.S.??? They've never Opinion office in Room 623. television to be seen and heard in been on the shelves when I've 63. this library from now on will be in looked for them. If we don't have COMPLAINT: Where is the Audiovisual Department on copies of them, why don't we Volume No. 26 (1975) of the the sth floor. purchase them? U.S. reporters are "Labor Law Journal"? It has been 55.9/18/78 rather important don't you missing in action for over 2 weeks COMPLAINT: I think it would agree? now. be a great idea to have some RESPONSE: check to see RESPONSE: The library had We'll newspapers around here like the if 397 and 398 U.S. are missing three copies of Volume 26 of the Buffalo Evening News and and will replace them if they are Labor Law Journal. The first copy Courier-Express and New York missing. In the meantime, there's is in the Faculty Library. If you Times, if the strike ever ends. It a second copy of the United ask at the circulation desk, it can would be a welcome diversion for States Reporter on the 3rd floor, be brought down for you to use in tired eyes and brains. and if that fails, ask to see the the library. The third copy is RESPONSE: The Library Faculty Library copy. being prepared for binding. One already receives copies of the New of the issues was mutilated and a York Times and Wall Street 60. replacement issue is on order. If COMPLAINT: Volume(s) of you ask a reference librarian, we Journal. We will start getting the News and Express as soon as it 40 CFR are missing off the shelf can pull the journal from the can be arranged. Thanks for and have been for weeks. Technical Services Department for the Requests to remedy the situation, your expressing your interest use. ... - - �Essay Competition $500 Awarded For Family Law Contest Awards granted from fund created by the Toledo Bar Association, administered by the Ohio State Bar Association Foundation, Implemented, Conducted and Sponsored by the Family Law Section of the American Bar Association. The Howard C. Schwab Memorial Award Essay Contest is conducted annually by the Family Law Section of the American Bar Association in cooperation with the Toledo Bar Association and the Ohio Bar Association as a memorial to their deceased leader. The prizes are awarded from a memorial fund created by the Toledo Bar Association and administered by the Ohio State Bar Association. Howard C. Schwab was Chairman-Elect of the Family Law Section of the ABA at the time ofhis death on February 24, 1969. He was a Past President of The Toledo Bar Association and Past Chairman of the Family Law Committee of the Ohio Bar Association. Purpose of the Contest To create a greater interest in the field of Family Law among all law students of the nation, and particularly the Law Student Division of the American Bar Association. Eligibility ofContestants All second and third year students enrolled in ABA-approved law schools, and first year students enrolled in said schools where the. subject of family law is part of the first year curriculum, are eligible to compete, except employees of the American Bar Association, Ohio Bar Association, or Toledo Bar Association. Subject Matter of Essay Subject may be any aspect of Family Law which the contestant chooses. Suggested length about 3,000 words, though not limited to this number; may be more or less, as the subject merits. Essays scheduled to be published, and/or essays which have previously been published, are ineligible for consideration. Entries will be judged on the basis of timeliness of subject, practicality, originality, quality of research, and clarity of style. Prize-winning essays which have been previously published in the Family Law Quarterly may be found in Vols. VIII No. 1 p. 51; VII No. 4 p. 433; VI No. 4 p. 405; VI No. 3 p. 279; VI No. 2 p. 145; V No. 3 p. 369; V No. 1 p. 32; and IV No. 3 pp. 209, 230, 280. Entry Procedure Law students desiring to enter the contest should write to Howard C. Schwab Memorial Award Essay Contest, Section of Family Law, American Bar Association, 1155 East 60th Street, Chicago, Illinois 60637, requesting an entry form, which must be completed and returned with the essay. The entry form will contain a number to be placed by the contestant in the upper right-hand corner of each page of the essay. Contestant's name is not to be on any copy of the submitted essay. Contestants' identities will not be known to the judges. Six copies of the essay must be submitted. Xerox copies or good carbon copies are acceptable. Entires for the 1979 awards must be submitted to the Howard C. Schwab Memorial Award Essay Contest, at the above address, postmarked on or before April 16,1979. - Martin's Conflicts Casebook Strong Entry In Obscure Field by Mike Buskus Little, Brown & Company of Boston has recently published a new casebook in an abscure field of law. Professor James Martin of the University of Michigan Law School assembled his Conflict of Laws: Cases and Materials within the brief compass of seven chapters and 757 pages. Martin assumed a formidable task in seeking to undertake to write a coherent casebook about Conflicts. This area of law deals with, among other things, "the problems of selecting which of two (or more) states' laws govern when an accident or contract having connections with a number of jurisdictions is brought into court. Conflicts is complicated and difficult to describe with clarity because there is such a contrariety of views by courts and scholars as to how "choice of law" should be made. Authorship Given such a clash of viewpoints by commentators in the field of Conflicts, an author could easily fall fate*to the Scylla of exhaustively presenting all viewpoints with no analysis, or the Chabridis of emphasizing one theory to the dogmatic exclusion of all others. Martin seems to have avoided both dangers. His text is generously spiced with excerpts from such Conflicts classics as the Restatement (First and Second) of Conflicts, Cavers' Choice of Law Process and Leflar's American Conflicts Law. Yet, at the same time he manages to counterpoint individual selections with appropriately skeptical Socratic questions. Thus, he is able to alert the reader to some questions left unanswered by some of the commentators, (e.g., forum s.h.ppp.ing, circular reasoning of courts and even chauvinistic attitudes of some courts in applying their "own" law even when there are compelling reasons for applying the law of another jurisdiction on which had more contacts with the Each entry shall be the work of a single individual. Review Welcomes Input litigation.). Awards The winners of the first, second, and third places as selected and announced by the judges, will be presented with cash awards in the amounts of $500, $300, and $200, respectively. Judges will be designated members of the Family Law Section. clearly indicate when he or she is The editors of the Buffalo Law expressing an opinion. Every Review are interested in receiving manuscript must be well papers of outstanding quality organized, and grammatically and written by students who are not substantively accurate. Footnotes members of the Review. We must also be typewritten and in treatment of the philosophy and theory of conflicts analysis, Martin has not permitted practical considerations to elude him. He appropriately questions whether LATKO PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume Is a must! We will typeset & print your resume In a style thatsuits your needs. We can do it better, faster & for less. 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. (North Campus) 834-7046 believe that the Review is obligated to provide a forum for all students of the Faculty of Law and jurisprudence who desire to publish. We therefore take this opportunity to invite all students to read the Review's GUIDELINES FOR STUDENT ARTICLES, below, and to consider submitting a manuscript If you have any questions, please feel free to stop in at the Review office, room 60S. Guidelinesfor Student Articles Topic. The topic must be one that has not been exhausted by other articles. The author should present a new approach to the subject and provide novel insights for the reader. Thorough and careful research is mandatory. Form. Every manuscript must be typewritten and should have an introduction, a body with concise and informative headings introducing each section, and a conclusion. All assertions must be documented, and the author must Even with its substantial the brand of "classic" conflicts cases auto accidents are a Procedure for submission. vanishing breed, perhaps obviating Manuscripts should be submitted the need for conflicts analysis: to the Editor-in-Chief who will "Even in a study as theoretical assign editors to read them. Each as conflicts, practicality may manuscript must be accompanied occasionally be allowed to rear its by a brief outline and a statement ugly head. Will there be much left of the author's reasons for to conflicts, with all of its guest believing it to be suitable for statute cases, when the dust has publication. Any author settled after the current submitting a manuscript originally equal-protection attacks on guest written as a seminar paper must statutes and the battle for name the professor for whom it nationwide no-fault insurance is was written. won?" Follow-up If the manuscript The author answers his own has strong potential for question, suggesting hypotehtical publication, an assigned editor that the car collision cases may will meet with the author to suggest possible improvements come and go but that "interest analysis" and other means of and additional work. IT IS ESSENTIAL THAT EVERY resolving conflicts will be equally AUTHOR UNDERSTAND THAT applicable to other conflicts cases, VIRTUALLY ALL such as property, matrimonial and contracts cases. Blue-Book form. MANUSCRIPTS REQUIRE ADDITIONAL WORK BEFORE THEY ARE PUBLISHABLE. In addition, the author is responsible for any xeroxing costs and retyping thatmay be necessary. — — case of Shaffer v. Heitner. Also noted are several post-Shaffer cases dealing with New York's Seider doctrine. Regrettably, however, the book went to press before the Second Circuit's conflicts decision in O'Connor v. Lee-Hy Paving Corp. (To be fair to the author, the text does note that an appeal from the district court decision in O'Connor was pending.) Editorially, Martin has introduced some welcome innovations to casebook writing. Significantly, hehas excised many of the internal citations within the cases, leaving the textual language of the courts intact. In this unsettled area of the law, the reader is allowed to follow the logic and reasoning of the courts rather than merely on accepting a "rule" because it is a restatement of what another case or another court has said. Without the perforation of the text by citations, the opinions read more smoothly. This is probably well suited to the audience of law students. Scholars are still free to resort to the full published opinion, replete with parallel citations. Another welcome approach used by Martin is the moderate use of note cases in contrast to the rather pointless attempt to "collect" cases, an undesirable tendency popularized in Tax and Torts books. On the other hand, the author's editing of the language of the cases themselves leaves room for improvement. Less verbatim reprinting of the facts of cases and some additonal editorial summary would be preferable in those cases with prolix factual patterns. Similarly, the decision to reprint ten full text pages of dissenting opinions from Dred Scott v. Sanford at the opening of the book runs the risk that the reader will stop perusing the text before reaching the more interesting portions of the book. Some other areas of the text suffer from the same malady of insufficiently edited cases. On balance, Martin's text is a strong entry in the rather limited field of Conflicts casebooks. Furthermore, the text is not without its occasional humor. Martin's casebook, published early in 1978, is very up-to-date. The discussion of quasi-in-rem Several clever cartoons jurisdiction includes a Complete interspersed througiout the book analysis of the 1977 landmark retain the reader's interest. December 7,1978 Opinion 5 �Culinary Counsel StuffA Bird Or Pumpkin For A Holiday Feast let cook for about 1 hour, basting near east. Its spiciness is very festive, and the pungency of the once each Vi hour. After the bird has cooked for currents is complimented about an hour, baste it again and perfectly by homemade dry then cover the pan with tin foil. balckberry wine, aged at least two Continue cooking for another 45 years. minutes to 1 hourand baste once. 2 cups rice Check to see if the turkey is salt to taste ready by poking a fork into the V2cup currents leg. If the fork enters easily, your 1 lbs. lamb, cubed turkey is done. If the fork doesn't 6 tablespoons butter enter the leg easily allow the bird to cook for another 15 minutes or 2 medium tomatoes, cubed 1 medium onion, chopped so. Use your own judgement here 1 small green pepper, seeded by Paul Suozzi depending on how hard the turkey feels. and chopped The entire roasting time for a Now that the snow has begun Vi teaspoon allspice to fall, we are reminded once IS to 16 lbs. turkey is only 2% to 1 teaspoon cloves black pepper to taste again die holiday season is upon 2/2 hours. For a 25 Ib. bird it us. To many of us that only takes a little longer, about 3 to 3Vi 3 cups water 2 sprigs parsely means the prospect of preparing hours total roasting time. for and taking exams (or grading Place the rice and currents in a bowl. Add 1 teaspoon salt and them). However, we must not let Stuffed Pumpkin/from the thought of these labors spoil Sharon Osgood cover with hot water. Stir and our holiday spirit After all, the This is a favorite country allow to cool. Drain and set aside. season only comes once a year recipe from the Southern Tier, Place lamb in a saucepan, and and it's such a wonderful excuse especially fine for Thanksgiving. add 1 tablespoon butter, for cooking delicacies such as the Serve with chilled, well-aged dry tomatoes, onion, green pepper, ones set out below. So when the apple wine of the homemade sort. spices, salt and pepper to taste. work is done, take some time to Add 3 cups of water, cover and cook over medium heat until meat enjoy the spirit of the season 1 medium pumpkin while feasting on your holiday VA lbs. very spicy, smoked is tender, about 1 hour. Strain the meat and save the sausage favorites. broth. Place the meat in the I would like to thank everyone 1 cup rice who has shared a recipe with us 1 large pkg. frozen mixed middle of a large saucepan with this semester. In recognition of vegetables, especially corn, plenty of space around it. Cover this generosity I have decided to lima beans, green beans the meat with a metal bowl, share one I intended to save for 1 chopped onion placing a heavy object on top of the bowl to prevent displacement. 1 can beef consomme my last issue. Yes, it's my cheese cake recipe. Actually, it's not my salt and pepper to taste Bring to boil, 2 cups of broth pjus Cut top off pumpkin and clean i'cup of water (3 cups total). Add recipe, and it's about time I gave credit where it is due. So, my gift interior. Salt pumpkin interior 4 tablespoons butter to the to everyone this holiday is Rose well. Cook rice in 2 cups water boiling liquid. Pour into the Francis' French Cheese Cake. It is until most of the water is saucepan with the meat, and pour the best cheese cake I've ever absorbed and rice is al dente. Fry the rice mixture into the liquid sausage and onion together. Mix around the bowl. Stir, cover the tasted. together sausage, rice, vegetables, saucepan and 'cook over medium Papa Paun's Professional Stuffed salt and pepper. Add about 1/3 heat for 5 minutes, then turn cup concentrated consomme. down to low and cook until the Turkey/from his son Jerry This holiday season, to Stuff pumpkin with mixture and rice absorbs all the broth, about minimize the post-holiday dry replace top. Bake about 2 hours at 15 minutes. Add more water if it turkey lament around the law 250 degrees or until tender. appears the rice is becoming dry school, I offer you my father's Larger pumpkins can take up to 4 before tender. wisdom on how to prepare a hours. If it appears the stuffing Remove from heat and take off moist and tender stuffed turkey may be getting too dry, spoon the cover. Place a cloth napkin for your holiday enjoyment. more consomme into the over the saucepan and replace the pumpkin. Extra stuffing can be cover. Leave for 20 minutes in a The Stuffing: baked about an hour in a covered warm place. When ready to serve, 1 Ib. of dry bread, preferably a casserole. Serves 4. remove the metal bowl carefully. Stir the rice gently with a wooden couple of days old 2 or 3 onions chopped spoon, taking care not to break it, Potted Lamb with Rice/ tas Kebab/from celery chopped keeping the meat in the middle. Place a round serving dish on the salt, pepper, thyme and parsley Sharon Osgood This Turkish lamb dish saucepan and invert. The meat to taste commemorates Christmas Eve, a should be in the middle of the 1 egg Soak the bread in some water holiday which originated in the saucepan with the rice around it. and then squeeze it out of the bread thoroughly. Put the bread in a bowl. Sautee the chopped onions and celery. Add the sauteed onions and celery to the bread along with the salt, pepper, thyme, parsley, and egg. Mix thoroughly and the stuffing is ready. The Turkey: Starting with a 15 to 16 lbs. bird, if it is frozen, thaw it out and wash it. If it's not, don't After washing the turkey, salt and pepper it inside and out and then stuff it. Tie up the wings and legs. Place the stuffed bird in a roasting pan with about a cup of water. Preheat your oven to 550 degrees and then add the.turkey. Cook the bird at 550 degrees for about 15 to 29 minutes until it is brown all around. Cover the turkey with about a pint of water, turn the oven down to 375 degrees or 400 degrees and 6 Opinion December 7,1978 Decorate with parsely and serve. Serves 6. . Eva Munday's Fruitcake/ Christmas Pavo Rellcno a la Catalana/ from Karen Spencer Stuffed Turkey Catalan/ from 2 lbs. mixed nuts (Walnuts & John Henry Schlegel Pecahs) Simmer the neck, wing tips and 1 Ib. raisins all the giblets, except the liver, of Vi Ib. chopped dates a 15-pound turkey in lightly 2 lbs. mixed candied fruits salted water to cover. Sprinkle the. 1 small jar strawberry preserves inside of the turkey with salt and pepper. In a skillet melt 14 cup butter and in it saute !4 pound chopped lean ham and the turkey liver, diced, until the meat is lightly browned. Add 8 pork sausages, sliced, Vi pound each of soaked dried prunes and peaches, 1 pound cooked shelled chestnuts, and Vi cup pine nuts, all chopped. Add Vi cup sherry, salt and pepper to taste, and a bouquet garni of several sprigs of parsely, 1 bay leaf, 1 sprig of thyme and 1 stalk of celery with the leaves. Cover the skillet and simmer the stuffing for 20 minutes. Discard the bouquet garni and stir in 2 truffles, diced. Stuff and truss the turkey and store in the refrigerator overnight. Next day, brush the turkey generously with melted butter and put it breast side down on a rack in an open roasting pan. Roast it, in a moderate oven (350 degrees) for VA to 4 hours, or until it is done, basting it frequently with a mixture of 1 cup each of chicken stock, and sherry. Put the turkey on a heated serving platter. Skim the fat from the roasting pan and strain the remaining juices into, a heated sauceboat. Sweet Potato Stringbean and Onion Casserole/from Marianne Suozzi This delightful combination of vegetables is the perfect compliment to the holiday bird. It is easy to prepare and delicious. 2 pkgs. frozen French style stringbeans, cooked 2 medium onions sauted in butter until soft and translucent 6-8 medium size sweet potatoes, cooked and mashed with butter and milk Put the onions in the bottom of a shallow casserole, cover with the stringbeans and top with the potatoes. Sprinkle with sunflower seeds or other nuts if desired. Heat and serve. . Vi c. orange juice Mix together in large pan, cover and let stand overnight. 2 tsp. allspice 2 tsp. cinnamon 1 tsp. cloves 1 tsp. mace - V/i c. margarine 2/2 c. sugar 7 eggs 4% c. sifted flour 1 tsp. soda 1 tbsp. vanilla Cream butter and sugar. Add beaten eggs. Sift dry ingredients. Add to eggs, butter and sugar. Add vanilla and beat 2 minutes until mixture is well blended. Pour batter over fruit and mix. Bake at 275 degrees for 2 hours and 15 minutes. Makes two 5 Ib. fruitcakes. Superb Cheesecake/ from Carol Maue . Crust V* cup fine graham cracker crumbs (about 10 large crackers, crushed)* 1 tbsp. sugar 1/8 tsp. cinnamon 3 tbsp. butter (melted) �(OPTIONAL: Add % cup fine nut crumbs [bl'enderized) to the graham crackers and proceed as directed) Mix crumbs, sugar and cinnamon in a small bowl. Add fork. Butter generously a 9" springform pan. Sprinkle % of the mixture around the sides of the pan. Press the remainder on the bottom. Set aside. Filling Preheat oven to 325 degrees. 2Vi Ib. cream cheese (5 8 oz. Pkgs.) 1% cup sugar 2 tbsp. flour IVj tsp. grated rind/lemon rind V* tsp. vanilla 5 eggs 2 egg yolks V* cup heavy cream orange �Cheesecake Featured Among Dessert Delicacies (Note: Set out dairy products one inch of water. Bottom of approx. 2 hrs. before you bowl should be above water. intend to use them, Cover pot closely. Use high heat particularly the cheese, as they first, then as steam begins to will be easier to work with at escape, lower heat justenough so room temperature.) steam will not escape. Steam eight Cream the cream cheese in a I hours, adding more water if large bowl. Add the sugar and required. beat well. Add the flour, fruit After steaming, set aside at rind, and vanilla and mix. Add the room temperature overnight to eggs, one at a time, beating well cool. Remove from bowl. Wrap in after each addition. Stir in the foil with double-lock seal. Age in heavy cream. Pour into prepared refrigerator. The pudding will pan. Bake for 1 hour and 15 keep several months in minutes in a 325 degree oven. refrigerator, or may be frozen and Turn off oven. Let cake stand in stored indefinitely. oven for additional 15 minutes. To serve, turn each pudding Remove cake from oven and cool. out on a flat plate. Pour Refrigerate. (Remove sides of pan approximately % cup 151 -proof as soon as cake is cool enough to rum on each plate around the do so. This facilitates cooling.) Tastes best when served chilled. Cake may be topped with a fruit mixture of fruit, cornstarch, and sugar heated over a stove until thickened. Proportions will depend upon fruit used (fresh or frozen; sweetened or unsweetened) and the amount of liquid (juice) the fruit is packed in or weeps. sugar, cinnamon, ginger, nutmeg and salt and mix well. Blend in two slightly beaten eggs and the evaporated milk. Carefully pour over the cheese mixture. Bake at 350 degrees for 65-70 minutes, or until done. Cool before serving. 5 Ib. Brisket 1 package dry onion soup one onion, sliced 1 cup white wine large piece of aluminum foil Cut out all fat. Slice the onion and put it on the aluminum foil. Place the meat on top of the onion, then pat the dry soup Rose Francis' French Cheese Cake mixture all over the meat. Carefully pour the wine on top. Seal the foil securely. This Crust preparation may be done the day i 1 cup all purpose flour ' 2 tablespoons sugar before the dinner. When needed, place the unopened package in a % Ib. butter shallow baking dish and bake in a 1 egg yolk preheated oven at 350 degrees for 2 hours and 30 minutes, until well Filling 2 8 oz. packages of cream done. Leftovers may be reheated and, if possible, taste even better. cheese . , .. , . •. flour. Put the currants, sultanas, almonds, bread crumbs, suet, brown sugar, cubed apples, lemon rind and flour mixture in a large container, approximately four gallons capacity. Mix thoroughly with hands, reaching to bottom of pot and lifting up. Then add one-half cup dark rum and mix thoroughly- Add beaten eggs and again mix thoroughly. Mixture will be damp and crumbly. Let stand overnight. Makes about nine and one-quarter pounds. Divide into three greased bowls. If necessary, content may be rounded above top of bowl. Cover tightly with foil. Do not mash down. PUdding will shrink in volume as cooked. Place each bowl on a high trivet in a heavy pot containing — Boil water, sugar and cream of tarter together for 5 minutes. Add the crackers, but do not stir. Boil for 2 minutes. Add the nutmeg and cinnamon and stir. Cool, then pour into a greased 9 inch pie pan. To make the streusel, combine all the ingredients until the consistency of cornmeal. Cover the cracker mixture with streusel and bake at 350 degrees for 30 minutes. Peppermint Bavarian Pie/ from Tayna Miller 1 cup milk % cup crushed peppermint candy (canes, etc.) 1 envelope unflavored Knox's gelatin (1 tablespoon) 1 cup heavy cream, whipped Combine the milk and candy with a dash of salt. Cook in a double boiler, or over low heat, stirring frequently until the candy dissolves. Remove from heat. Soften the gelatin in cold water, then dissolve in the milk mixture. Chill until partially set, then fold in the whipped cream. Turn into a crumb crust and chill 4-5 hours until firm. Crumb Crust VA cups crushed chocolate wafers 6-7 tablespoons melted butter Mix together and press against the sides of a greased 9 inch pie pan. Vi teaspoon nutmeg Vi pound (2 cups) all purpose . V* cup butter V* cup cold water Christmas Plum Pudding King George V/ from John Henry Schlegel V/i teaspoons salt 1 teaspoon baking powder 1 tablespoon allspice 4 teaspoons ground ginger flour 1 pound seededraisins 4 ounces mixed candied peel, cut-up i 1 pound currants 1 pound sultanas (golden seedless raisins) ■ ■ 6 ounces whole raw almonds, blanched and chopped or sliced 1 pound dry bread crumbs 1 pound ground suet 1 pound brown sugar 1 pound winesap apples, peeled, cored and finely cubed (weigh apples after peeled and cored) Vi cup dark rum 6 to 8 eggs (1-1/3 cups), well beaten V* cup (approximately) 151-proofrum. HardSauce (see recipe) In mixing bowl, combine the salt, baking powder, allspice, ginger, nutmeg and flour. Sift seven times. Separate the seeded raisins and drop them one by one into the flour. Add candied peel and mix well, working with fingers until separated and well coated with % cup all purpose flour 1 /3 cup sugar part brown —Amy 1 tablespoon flour pudding. Light and ladle flaming rum over pudding. When burned ■4 egg yolks Vi cup sugar away, serve with hard sauce. The rum should burn about one 'A cup sour cream 'A cup heavy sweet cream. minute; as it slightly 'toasts the surface of the pudding. Use 1 teaspoon vanilla 5 egg whites 151-proof rum. Lower proofs do not burn readily. dash salt Have the eggs, cheese and Yield: Three puddings serve 50 butter at room temperature. Use a people. 10 inch springform pan. Hard Sauce First make the crust. Mix flour, sugar and butter until crumbly. J4 pound (1 cup) butter 1 pound (4 cups sifted) Add egg yolk and form into a ball. Divide in half and, using the palm confectioner's sugar of your hand, spread onto the 1 (2 tablespoons) egg white bottom of the pan. Bake this at V/i tablespoons dark rum 425 degrees for 8-10 minutes until 2/2 tablespoons Cognac light golden in color. Allow this to 1 teaspoon vanilla Cream butter and add 2 cups cool thoroughly, then spread the sugar and egg white alternately. remainder of the dough on the Beat in remaining sugar and rum sides of the pan. DO NOT COOK and Cognac alternately, beating THIS! well after each addition. Add the Filling: Blend the cream cheese vanilla. Store in a screw-top jar. with the sugar and flour. Add 4 Serve at room temperature. egg yoks and mix well. Add the Yield: Four cups or 16 sour cream and heavy cream. Add the vanilla and mix well. servings. Beat the 5 egg whites and dash of salt until stiff, but not dry. Pumpkin Cream Cheese Pie/ Gently fold them into the cream from Allan Canfield 8 oz. pkg. of cream cheese, cheese mixture, then pour into softened the baked shell. Bake at 350 degrees for 45-50 minutes until Vt cup sugar set and light golden in color. Cool Vi teaspoon vanilla away from drafts. The cake will 3 eggs VA cup pumpkin (canned or crack somewhat, so don't worry. Note: I have made this cake cooked) with twice as much cream cheese 1 teaspoon cinnamon and it works well, but is heavier V* teaspoon ginger and a bit richer. Also, once cooled % teaspoon nutmeg in the refrigerator, the cake settles 1 cup evaporated milk and looses its light texture, dash of salt Combine the cream cheese, V* though not its delicate flavor. cup sugar and the vanilla. Add 1 egg and mix well. Spread on the bottom of a deep 9 inch unbaked Super Brisket/from Lily Laufer pie shell. This Brisket is not only Combine the pumpkin, Vi cup delicious, it's foolproof! ' Jo Fricano . Wiener Semmelknodel/ Viennese Bread Dumplings/ from Lily Laufer 1 regular loaf of day-old white bread * i' Vi cup oil Vi cup milk 2 eggs Vi teaspoon baking powder salt, pepper to taste 2 teaspoons parsely Dice the bread and put it in a large bowl. Beat the eggs, salt, pepper, baking powder and parsely together. Combine the oil and milk. Add this to the egg mixture and pour over the bread. Wet hands and mix all ingredients until of an even consistency. Form loaf and place on a large piece of aluminum foil. Wrap securely and put in the freezer at least 2 hours. (It may stay for months.) When needed, bring water to boil in a large pot Place the package in and simmer for one hour. Carefully unwrap on a board. Slice diagonally and serve with meat and gravy. Wrap the leftovers in foil and put back in the freezer. The next time, place in boiling water again, but simmer only half an hour. When planning to use it soon, it will keep in the refrigerator a few days. It is very good sliced or cut up, heated in oil and a beaten egg poured over it and cooked a few more minutes. . • ■■ .. Apple Pie Mirage/from Lily Laufer 2 cups water 22 whole Ritz crackers 1 cup sugar V* teasooon nutmeg 3 teaspoons cream of tarter Vi teaspoon cinnamon Grasshopper Pie/ from Tayna Miller 24 marshmellows 2/3 cup milk VA oz. green creme de menthe 1 Vi oz. white creme de cacao Vi pint heavy cream, whipped Melt marshmellows and milk in a double boiler. Add the creme de menthe and creme de cacao. Chill until thick, then fold in the whipped cream. Pour into a crumb crust (see above recipe). Chill in the freezer.Thaw at room temperature one hour before use. This recipe and the one preceding are very good served together after a Christmas meal. They are refreshing, even after a large meal, since they are light and minty. UNIVERSITY PRESS • Fliers • Posters • Resumes Stationery • Publications • Business Cards • Monday-Friday 10a.m. to Sp.m. 831-5572 PERSONAL SERVICE! Streusel December 7,1978 Opinion 7 �Short Relief Fans Enjoy Ups And Downs by Maria Colavito ''Everybody Loves a Winner" and "Nothing Succeeds like Success" are supposedly uniquely American expressions, reflective of the American ideal that in order to merit some respect or praise from the public you should be best at something, or at least close to it While the American people, not wishing to appear lacking in complexity, have often been infatuated with real losers (Joseph McCarthy, Richard Nixon, George Armstrong Custer, Rutherford B. Hayes, to name a few), for the most part, they feel content in knowing their real heroes are great at what they do. Yet, in sports, anyway, this pursuit of excellence may be a myth for it seems when you'get a little too good, people begin to start disliking you. Unlike the public acceptance of IBM, the telephone company and Xerox (in fact, if they could come up with a copying machine that would operate for 48 consecutive hours without breaking down and donate it to our library I am sure every student here would gladly donate one year of their professional life to fighting their antitrust suits), dynasties in the sports world are not so easy for the American people to handle. And it appeared the Dallas Cowboys were beginning to find that out. Coming off a very successful season, having won a decisive victory in last year's Super Bowl and sporting a roster filled with big names, the Cowboys seemed like a sure thing to walk away with this year's football honors. Even I, knowing very little about football (I am actually stealing this whole story from Sports Illustrated) know enough that if forced to make conversation with a football fan at a party, I will be fairly safe in saying the Cowboys look stronger than ever this season. And, having played in several Super Bowls since 19*70 and had the proverbial thrill of victory, the Cowboys apparently now qualify as a dynasty. (Inflation or perhaps expansion seems to have taken its toll here. It used to be at least five consecutive world championships were necessary to qualify as a true Of Sports Dynasties people enjoy seeing them to win but the younger ones we'd wanted that game badly, destroyed, and how similar the supposedly play for money. It's we'd have been so fired up we'd process is no matter what the just a job to them so their egos are have attacked Robertson." Now sport or who the parties involved. not quite so bruised when they there's a man who really Having sat through many a session lose. And their egos are not the understands the meaning of where Yankee dynasties, old and only things that aren't sufficiently championship, professional new, were dissected, I found it bruised if you ask the veterans. football. (Personally, I've always amusing to read some of the Supposedly, these younger players had a hard time accepting the comments on the fall of the are not aggressive enough. That premise that pro-football players Cowboys. At the outset, no one has a lot to do with the, might lack motivation to get out can be sure what Dallas' season 2) "Thank God you're a holds in store for it. After their Cowboy" (i.e. a champion) impressive Thanksgiving win approach to football. When you against the Redskins, few are are a champion, the theory goes, willing to write Dallas off you are expected to play harder, anymore. But while it was tougher and better. In football, fashionable, the autopsy on the where often the harder and Cowboys bore a striking tougher you are, the better you resemblance to the cutting the are, this might be especially true. Yankees got way back when. A lot of Cowboy watchers don't Consider some of their findings: think that all the team's members 1) Old age vs. impetuous are playing like champions. D.D. youth: supposedly, some of the Lewis, a Dallas linebacker and older Dallas veterans take defensive co-captain put it best exception to the manner in which when he told a reporter, the younger players accept defeat. "Sometimes, it seems like we're Since they are used to the just complacent as hell. We've got atmosphere being sombre and to get meaner on the field and not sober after any loss, the veterans take any crap off other teams.'' don't consider drowning your Referring to a game with Los sorrows at a disco to be> an Angeles, Lewis noted that one of appropriate way of registering the Ram's Linebackers, Isaiah disappointment. This may be an Robertson had repeatedly spit on extension of the old "pride vs. the several Cowboy players with no pocketbook" angle. The older response. Lewis felt "That showed players, the "true" athletes, play us where we were mentally. If there and play aggressively. I remember reading once about a high school football coach who, to "inspire" his players to do their best on the field that day, would bite off the heads of live frogs during his pre-game, locker room pep talks. I mean with training like that under your belt how can you help but be a real champ out on the field?) 3) Those stars are ruining us. This theory is a real favorite of dynasty watchers. Tony Dorsett is supposedly the star who is destroying the Cowboys (no one would dare say that about Roger Staubach. It would be like saying Moses was getting too big for his dynasty; today, having two britches.). Dorsett is allegedly consecutive winning seasons and a doing to the Cowboys what poster of your cheerleaders seems Reggie Jackson did to the to do the trick.) Yankees. The other players feel he But more than watching how is too arrogant and expects special dynasties are created, it is very treatment from Cowboy interesting to watch how much management. Oddly enough, a lot of the problem here may stem from the fact that many of the players who think they play for pride might want to get a little more of what they think Dorsett By alternating the running with plays for money. After all, since the profession is largely a runners find this activity sedintary one it is easy for lawyers somewhat boring, it is essential to walking but always doing it for 10 pride won't buy you a Jaguar. to become overweight. minimizing muscle strains. 4) The coach is getting senile. minutes, you'll be surprised at Consequently, lawyers become Additionally, stretching serves to how quickly you can build-up to Remember the days when people prime candidates for heart warm-up the body, including the were wondering if Billy Martin running for the full 10 minutes. attacks. cardiovascular system and Once you can run for a full 10 had forgotten how successful his minutes, stay at thatroutine for a pattern of aggressive base running Obviously, a watchful eye on prepares it to safely endure the month, don't push forward too had been, or how he had a Cy the diet helps to avoid becoming more strenuous exercise to follow. fast. The next month start Young award winner in the overweight. A satisfactory diet After stretching, it's a good alternating long and short days. bullpen looking for work? Well alone, however, doesn't firm-up idea to walk briskly for 5 minutes On the short day, walk for 5 the same thing seems to be muscles, increase strength or or so before commencing the run. minutes, run for 10 and walk for happening to Tom Landry. People relieve tension and stress. Proper This further warms the body. another 5. The next day, the long feel he is being too conservative exercise does. Now you are ready to run safely. day, walk for 5, run for 15 and with his plays and is failing to use There are, of course, many Some people run for distance, then walk for another 5 minutes key personnel to their best kinds of beneficial exercise but others run for time. If you run for a month of this try a 1C advantage. Some of the After consider running. Running is means that you have minute run on the short da> replacements Landry has used are convenient. Almost everyone can distance this followed by a 20 minute run or not producing adequately and the do it and no special skill or determined before your run how the long one. scorned starters are supposedly training is required. It can be done far you are going. Time and speed completing are it's From here on can unimportant, you losing interest and ability from alone or with others. Other than a play. With all those game good pair of running shoes, it the distance that counts. For the continue to increase each month lack of running by films, recommend 5 minutes to both the and coaches to I beginner, adding computers requires no special and/or long and short days until you have tell him how best to use his expensive equipment and it can be for time. When you run for time you reached a level you feel satisfied players it would appear senility is done anywhere at any time. determine before the run how with. Even remaining at the most logical answer here. as Running is widely regarded much time you will spend alternating 10 and 20 minute runs Maybe Landry will develop a spot one of the best exercjses for the running. Distance covered is not you will be getting a good on his liver and be shipped off to cardiovascular system in addition considered nor is speed. Running the farm for a couple of years to workout. to being recognized as a good way for time is ideal for Take your time when you start recuperate and rejuvenate. people who to shed extra weight and firm-up have to budget their time since your running program. At the Hopefully, this plan will be muscles. A strong cardiovascular they can readily fix the amount beginning, to go out and run 5 or successful for other fallen leaders. system is essential to avoiding spent exercising. 6 times a week will probably seem There were other more heart disease. Remember from Bio If you have decided to take-up like a chore but give it a fair pragmatic but certainly less 101 that the heart is a muscle and running or at least give it a try but chance. Most runners agree that it colorful reasons why the Cowboys like any other muscle it gets you don't know of a good takes 6 to 8 weeks of running 5 or were not winning the way they with exericse. The stronger work-out to start with, try this. 6 days a week before running should have been. It had normal human pulse rate is After stretching and walking for 5 becomes really pleasureable and something to do with key injuries, between 72 and 80 constractions minutes, try to run slowly for 10 something to look forward to failure to make interceptions as per minute. When running this minutes and then walk for day. frequently as in the past, more each rate increases to about 180. another 5 minutes. Don't be Keep in mind that unlike most turnovers, and gaining half the While increasing the pulse rate discouraged if you find that you other sports, running is an activity yardage they had at the same time properly is good exercise, can't run continuously for a full that you can expect to get better last season. While these were all increasing it too rapidly and 10 minutes at first. If you have at as you get older if you stay valid reasons for loss of without adequate preparation can some trouble, run for 3 to 5 with it. As you improve, don't be performance on the field, to induce cardiac arrest. This result is minutes or until you get tired and surprised if you start to feel better people who would have really avoided by using a little common then walk for a minute or two. about yourself and find that you gotten a big kick out of watching sense and patience. After this brief rest try to run have more energy to do other Rome burn, or who currently Assuming basic good health, again for a few minutes and if you things as well. Q's won't relish the sight and sound of novice and experienced runners have to walk again after a short demoralize you anymore and who Howard Cosell and Curt Gowdy in alike should spend at least 5 to 10 run that's OK too. The important knows, one day you too may even their declining years, watching minutes stretching before and thing is to continue for a full 10 find yourself considering a dynasties collapse is fun only if its after each run. Although most minutes. marathon. something personal. Running Can Be The Prescription To Remedy Tension And Strain Of Law School Life by Jerome Paun In the last Opinion I attempted to inform readers about marathoning and why at least some people do it. For those of you who were not persuaded that marathoning is the thing to do, but who are concerned about fitness and health, consider running. If you are at all like me, by the end of your first year in law school, the fairly youthful and muscle toned body you started the year with atrophied to a loose and ill-defined mass of flesh. Looking in the mirror each day became less and less pleasant. In this decaying condition it's no wonder that 35 per cent of those seniors surveyed had negative self-images upon receipt of Q's. It's depressing but it doesn't end here. The legal profession, including law school education, is a strict task master. It demands time and energy, and places a great deal of stress on those among its ranks. Under such conditions it is not surprising that lawyers suffer disproportionately from such stress related illnesses as heart disease. Most of us, presently enjoying good health, are not worried about heart attacks. But if we wish to maximize our chances of avoiding one when we are in our 40's or 50's, we should now consider the factors that contribute to heart disease and what we can do to minimize their impact later. While we know that heart disease is brought on by many factors, we also know that central among these are stress and excess body weight. The practice of law seems inherently stressful and 8 Opinion December 7,1978 — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e295d8aeb898a8a2201e34c5237651ab.pdf e34089b0d7d1a40015883816b6023566 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 7 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law January 25,1979 Bookstore's Owner Unveils Anti-shoplifting Campaign by Mike Buskus A change in ownership of the University Bookstore and recent management policy decisions portend considerable alterations in routine operations at the Baldy Bookstore. Increased emphasis on non-law book sales and a newly proclaimed anti-shoplifting campaign were among some of the more noticeable differences apparent to returning customers. In addition, the bookstore almost didn't open in advance of classes, as has been the norm for several years. Follette Enterprises of Chicago now runs Baldy as well as the Ellicott and Squire Hall stores. Follette, a national chain which also manages the campus bookstore at the State University of New York at Stony Brook, displaced the Faculty Student Association as the sole operator of the University Bookstore. Law students first sensed the impending ownership transfer during the week of January 8 when signs posted at the bookstore advised patrons that store hours would not resume until January 15 at 9 a.m. For law students with reading assignments already posted and classes starting on Monday, January 15 at 8:30 a.m. that late-opening created considerable dissatisfaction. In the past, the bookstore opened several days before the start of classes to accommodate law students. During the week of January 8, various students consulted with Dean Headrick and other administration officials in an effort to. pressure the bookstore to re-open ahead of schedule. Bookstore reveals new look. . Bookstore management, after consulting with Registrar Charles Wallin, reached a compromise under which law students would be allowed limited access to the bookstore on Friday, January 12 and Saturday, January 13. Service was limited to law students and buying law books. Also, instead of the traditional "open stacks" at the law bookstore, students buying law books on January 12 and 13 were required to queue up in frontof partially barricaded doorways. Students were not actually allowed inside the store. Customers were directed to "place their order" on written book request forms. Book purchase requests were filled by bookstore staff, but customers waited in line an hour or more to receive their books. Sales were restricted to law textbooks only. Students were not allowed to buy pens, pencils or notebooks. Bookstore operations manager Ralph Trede, who directs all campus bookstore services out of his Squire Hall office, blamed the Incident on an "awful miscommunication." He claimed a misfiled scheduling memo circulated in October led to a misunderstanding as to when the store would re-open in January after the holidays. When the bookstore resumed full operations on January 15, the semi-annual beginning-of-the-semester crowds jammed the store. While the long lines may have been familiar and commonplace, some alterations in store policies were apparent. Noticeable was the fact that shelf space for non-law books had expanded again. Law texts were relegated to a small corner of the store. (It is worth noting that non-law books occupied only a few feet of shelf space in 1974 and 1975 when the bookstore was based on the seventh floor of O'Brian Hall. After the store moved into Baldy in 1976, law books were clearly the major stock-in-trade of the north campus branch of the University Bookstore. Although a general bookstore branch was established at Ellicott, Baldy was remodeled last year to provide space for additional non-law books.) This year, the bookstore provided "open stacks" for both non-law and law books. Last year, non-law students were required to write orders to be filled by store employees. ' Several other alterations in store operating procedures were conspicuous when the store re-opened in January. All persons' paying by check are now required to have their checks "approved" in advance at a special table staffed outside the bookstore entrance. According to Baldy bookstore manager Marian Crowthers, this change expedited checkout lines inside the store. All persons entering the bookstore are now being requested to remove coats and leave them outside the store. Bookstore employees explained it was a new policy designed to minimize shoplifting. Although customers were being directed to leave their coats and jackets outside, the bookstore declined to provide a coat-check system or a coat-rack. Nor would the store furnish employees to watch such garments. Furthermore, a bookstore employee who was probably unfamiliar with the law of bailments declared the bookstore would not be responsible for coats stolen while customers were shopping inside the store. To check on how the bookstore intended to enforce the announced "no coats" policy, the this newspaper editor-in-chief ofClad in a slightly conducted a test. oversize winter jacket borrowed from another Opinion editor, jason Poliner approached the bookstore entrance. A bookstore employee confronted Poliner, requesting him to remove his coat. When the newspaper editor inquired why that was necessary, he was offered the anti-shoplifting rationale. Poliner questioned the clerk, pointing to other students inside the store who were wearing jackets: the store employee retorted that "they must have slipped past me." When pressed as to whether it really was necessary to remove the overcoat as a -miktbuskus -continued on page tlght It's January 25. Do you know where your grades are? Cancelled Examination Makes Break Uneasy For Eleven Students Citing a "breach of security" as justification, Associate Dean William Greiner on Thursday, December 21, notified eleven students scheduled to take a make-up examination for Professor Spanogle's Consumer Protection class that the exam had been postponed. The exam had been scheduled for the following morning. This postponement touched off a wave of confusion, anger, and frustration in the students affected by the change, and as of this writing, there is still no official word as to the final disposition of the matter. The alleged "breach of security" came about as a result of a break-down of communications between Registrar Charles Waliin, who had scheduled the make-up exam, and Professor Spanogle. Due to conflicts with other exams, the 11 mainly second year students had arranged with Waliin to take the exam on Friday, December 22 rather than the official date Tuesday, December 19. Spanogle claimed he had never been officially informed by the Registrar that approximately one-third of his class would be taking the exam at a later date. This claim runs contrary to reports of students in the class who state the time problems and the need to reschedule the exam were discussed openly in class in Spanogle's presence. A group of students claim the precise datefor the make-up exam was even informally decided upon in class due to Spanogle's desire that 11 students not take the exam at 11 different times. These students were surprised to learn that Spanogle claimed ignorance of the fact that a number of students would be taking his exam at a later date. Although Spanogle apparently discovered on Thursday afternoon that a number of students were scheduled to take a later exam, it was not until that evening that Greiner began to contact those students i affected by the cancellation. The reason for the cancellation was not made clear to the students at that time. Greiner told the students that they received a "reprieve" the exam would be given after vacation. All the students could not be notified by phone since they were not all at home to receive Greiner's call, and instead found out about the decision through the rumor mill as they sat in the library studying for an exam that was not to be given. When pressed to explain exactly what "breach of security" had prompted the exam postponement, Greiner claimed that Spanogle had discussed exam questions with students who had taken the exam on the earlier date. While it was never claimed that any information was relayed to those students who had not yet taken the exam, Spanogleinsisted that Wallin postpone the exam. Spanogle wanted to write a new exam so the remaining students would not receive any unfair benefit. Greiner backed Spanogle's decision, and the students were left with no option but to leave for vacation, knowing they were not really finished with school. Upon their return to school this semester, the issue was far from settled. A group of students were unwilling to take a make-up exam in light of the fact that the cancellation was caused by administrative confusion, and through no fault of their own. — -continued on page eight �. Vol. 19, No. 7 Editor-in-Chief Jason Poliner Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Jan. 25,1979 v Student : To the Editor: Alan Beckoff, Steve Blumberg, Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Arlene Fisk of materials herein is Copyright 1978, Opinion, SBA. Any strictly prohibited without the express consent of the Editors. OPINION is during for the academic year. vacations, published every two weeks, except It h the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Suff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Can "Stop And Frisk" Be Far Behind ? Last year many people felt it was an inconvenience to leave their books at the entrance to the bookstore, only to backtrack and retrieve it when they left. It was not uncommon to hear the voice of disgruntled students who had ventured some twenty feet from the bookstore before remembering their books were by the entranceway. As the amount of time spent in the bookstore increased so did one's chances of forgetting. It was therefore not uncommon for one, hours after leaving the bookstore, to suddenly realize that his/her books were "hopefully" at the bookstore. Unfortunately, the situation has not improved- This year, the bookstore is under new management. With the influx of new management has come the introduction of additional entrance "requirements." No longer will the merely book-less student be granted admittance; today's student must be without a coat as well. Clearly the added requirement is one designed to minimize theft and maximize security. There is little question that an increase in security will tend to lead to a decrease in theft and ultimately to a decrease in price. We do not object to management's imposition of greater security in the bookstore. We do, however, object to the means, or more accurately, the lack of means they have chosen to effectuate these ends. If the bookstore wants students to cooperate with this newly adopted procedure they should make greater efforts to reduce the inconvenience associated with the present situation. They should provide at the very least a coat-rack. It is indeed presumptuous of them to assume that all students using the bookstore do not mind stuffing their coats into cubby-holes or leaving them on the floor. Opinion has been informed it is not mandatory that one remove his/her coat before entering the bookstore. As more people learn that they have a choice between leaving their coats on the floor, unguarded, and wearing them into the bookstore more people will undoubtedly be less cooperative. Maybe then the new management will provide the necessary means to carry out what they have deemed to be a necessary policy. OPINION OPEN HOUSE Writers, cartoonists, photographers, artists, poets, layout editors. If you have experience, or want to gain it, in any one of the above areas, drop in on Tuesday, January 30 between noon and 4 p.m. in Room WINE, 2 & CRACKERS BEERiwillCHEESE be served. Opinion "Mad As Hell" About Grades mass of students graduating from this law school. It doesn't cut down on competition. Instead of reducing the pressure it increases it, for at least in an A,B,C,D,F grading scheme there are differentiating standards of performance that are so recognized. With Only an average of 10% of the grades being H, the H assumes a position all out of proportion to the A it's The present system neither good work (as distinguished from superior work) nor penalizes mediocre work. I will take what I get C or whatever but do it fairly don't penalize me or someone else. If I did C work, that's feedback to me that my work wasn't as good as I thought it was. We should all be able to accept that. But, the Q grade doesn't give supposed to supplant. you that feedback. It tells you As one second year law student nothing except you didn't get remarked to me, '.'All you have to H or a D. an not do is get H's." But the H is Why would anyone in their something you can in the end the 100% all or right mind who worked extremely study for nothing final deals with a hard and knew they knew the performance that may be work, but just kept on missing H's contingent on how one feels that and suffered Q's put themselves day, the type of question through another semester of 7 encountered, or the special way of days and nights of unremitting handling a question fine. But, work? For what?? Inner what about the neiar misses the satisfaction?? When there's no Q+, or the professor who will not ■ feedback?? When we get the same grade as people that we know give out plus or minuses. There" is nothing the matter don'thave as good a knowledge of with having an Honors grade. The the material?? problem is the drastic drop-off of What's the point?? Why mediocrity that the Q embodies. perpetuate a myth of All the arguments to the contrary non-competition, when about being "qualified" and doing competition has existed for most "satisfactory" work doesn't hold of us in the past to get here; when up to the fact that the B student the system here intensifies it, and is heavily penalized by the system, when we will face it once we get for his grade is given the same out of here?? weight as a C grade. Of course, any change in the So, it becomes an all or grading system was rejected by proposition an or H nothing body in October and the student nothing. To those who feel that our even if there was a change, it present grading scheme would most likely not affect us. But, I just wonder from all the encourages students to take courses they might otherwise not talk in the halls and at lunch how take if traditional grades were the first year students would vote given, why not give each student today. the option of carrying an X number of, pass-fail grades during -~ his law school career. Jay Martin ■ "I'm mad as hell and I'm not going to take it anymore." With due apologies to the late Peter Finch, the' above expresses the frustration and anger over a grading system that to put it mildly stinks to me. As a first year law student, my views of the grading system during the early fall were mixed ranging from an amused view that it would cut down competition to the idea that it would be a healthy way to promote cooperation among students who would not supposedly be grade-grubbing. But as finals approached, less and less did the H,Q,D,F system seem the great benevolent massager that it was put forth as — - — Januaiy 25,1979 - — - — . Non-law Presence Cited As Law Library Problem Editor's note: The following Is a this campus, in recent years, has — an adequate performance. Adding insult to injury to those falling in the twilight zone, a H asterisk or plus is recorded on the permanent record, in effect creating a new grade category. What fairness is.there in a system which will allow this new grade category, and give those who got an H an added advantage, while at the same time denying it to those with the Q+, which would surely mean more to those people in differentiating themselves from the masses than the person who gets the H asterisk or plus? The mystical grand H has taken on more of a meaning than simply Honors or the equivalent of an A. Academically, it is the only way to distinguish oneself from the — -- And, now that grades are coming out, it's clear that my feelings are reflective of not only myself, but of othe.rs. I'm tired, I'm frustrated; and I'm angry with a grading system that destroys any incentive to work harder, that encourages mediocrity, that doesn't tell you how you've really done, and which rewards most students with a meaningless Q which stretches from C- to a B+. If the goal of a law school is to try to train better lawyers, then there should be adequate feedback as to how the student is doing in learning the law and learning how to think like a lawyer. The Q is meaningless. It covers such a wide range of categories that it is difficult to ascertain the level of performance within the Q itself. Under the system, unless the professor utilizes the plus or minus, there is no feedback to the student on how he or she has "done comparatively with other members of theclass. The argument'thar*'! know I did well" doesn't amount to'a hill of beans just because one thinks one did well. Clearly, there are different levels of performance from satisfactory work to very good work. What can be even more frustrating is the "twilight zone" known as the Q+. Although a letter may be placed in the student's file attesting to his or her better than Q but less than H work, the grade recorded on the permanent record is still a Q. Once again, a good performance is given the same weight as merely rewards - being. Editorial 623. Letters To The Editor - copy of a letter dated January been at a premium. The Law 12th to Professor 'Wade New Library, centrally located on the house, Law Librarian. Amherst Campus, offers students a convenient place to study at Dear Professor Newhouse, Amherst. Since the Law Library was the first library open on this This letter is an attempt to call campus, I'm sure many attention to what I consider a undergraduates have made it a major problem facing this law habit of using the Law Library for school. It is a problem which must study. be dealt with if the Buffalo Law While the Law Library was the School is to maintain its place of only library on campus, I had high standing among American sympathy for the plight of undergraduates and other non-law Law Schools. The problem is the increasing students. However, with the use being made of the law library opening of the Undergraduate by non-law students. A law library Library in Capen Hall and is a place for law students and Lockwood Library, I expected students .doing law related work these people would not longer to study the law. It should not be cause problems by using the Law a place for the entire University Library. community, from first-year It is clear now that my undergraduates to Ph.D expectations were mistaken. candidates, to congregate. Yet, Instead of using Lockwood and durfrr " c recent exam period this the UGL, the undergraduates and is exactly what happened. It was other non-law students continue evident the influx of non-law to use the Law Library. students had turned the Charles B. Obviously, the Law Library Sears Law Library into the Sears offers many advantages to the Library for General Study. non-law student. Its quiet The reasons for this change of atmosphere, longer hours, and function are not very difficult to close proximity to the parking pinpoint. With the increased lots and the bus stop all number of students on the contribute to the widespread Amherst Campus, study space on -continued on page three �President's Corner SBA Election Ahead All Positions Open by Tony Leavy Since the SBA regular elections will be held shortly (probably in the last week of February) and some students might be thinking of running for an SBA position, I thought it would be appropriate to briefly describe both the SBA's function and its structure. (Technically, the SBA includes all enrolled law students but when I to it I mean the student government.) Some of the major functions of SBA include: collecting and disbursing the student fees recognizing and approving all other student organizations funding most student organization -mike buskus appointing student representatives to all Faculty-Student Committees appointing student now that other libraries are open representatives to the Faculty meetings on the Amherst Campus. j funding the Law Revue Following this procedure at the Show, Orientation and parties beginning and end of each running the law school semester should be enough to basketball tournament discourage non-law students from maintaining contact with using the Law Library. While this may seem like a drastic action, outside organizations such as the I'm told other Law Schools, Student Assoc., Graduate Student Notre Dame, Georgetown, and Assoc, Law School Alumni Yale to name a few, all discourage Assoc., etc. advocating student interests the use of their Law Libraries by at formal and informal meetings undergraduates. I "hope you will' give serious and discussion with the consideration to this problem and Administration and faculty A mere listing of these take appropriate remedial action. functions obviously cannot fully describe the operations of the JR. Drexeliusjr. 19 SBA but it doesgiveageneralized final method would be to *A picture of the organization. In shoot 'em. short, almost everything that concerns us as law students eventually comes before the SBA for discussion and/or action. Having discussed the functioning of SBA let me now *turn to the structure. There are from spending what I consider to four officers: President, be the necessary amount of time Vice-President, Secretary and needed for the office of president. Treasurer. There are also six I will continue to serve out my Directors for each class. The term which will expire officers are elected by the whole immediately after the upcoming student body and each class votes results of the election are" for its own six directors. All of validated, which will be about the these positions are to be filled in first week of March. the upcoming election. The Treasurer not only keeps the Tony Leavy books and records of the SBA and — Drexelius bares plan to alleviate overcrowding in law library. - , Drastic! Action Urged In Library Use -continued from page two use of the Law Library instead of other libraries on campus. A more cynical reason to believe that non-law students use the' Law Library may be that these non-law students are interested in dating :ligible law students. Any and all of these reasons may contribute to the overcrowded conditions of the Law Library. Whatever the reasons, the widespread use of the library by non-law students cause major problems for law students. The library has become noticeably louder recently. Undergraduate's enjoy chatting with their, friends while law students try to sludy. Vandalism to study carrels, tables and walls have increased since the arrival of large numbers of undergraduates on this campus. A sign says the Xerox machine is only for law related work. Yet law students must wait in line as a steady stream of undergraduates copy exclude students who are neither law students or students doing law related work from the Law Library. There are a number of ways this action' could be instituted. One would be to require all students to exhibit their ID card indicating they are indeed law students. Another method would be to have a roving librarian indicate to students engaged in non-law related work that their continued presence in. the Law Library is not proper and point the way to Lockwood or the LIGL,* The main pujpo.se of these actions would be to break undergraduates and others of the habit of using the Law Library —• — — — — — ' — heavy Shuns Reelection chemistry notes, English papers, ~~To and lab reports. Take away all this non-law related Copying and I'm sure the Xerox machine would break down far less frequently. As exams approach law students need study time and study space. Yet walking into the Law Library early one Sunday afternoon during the exam period, law students found neither. By 1:30 in the afternoon the Law Library was completely filled. A rough estimate, based on the type of book open in front of students on the second and third floors, indicated that easily Vi of the students on these floors were involved in non-law related work. A walk down the hall indicated part of the problem. Lockwood was only open that day from 2 to 8 P.M. Non-law students, taking advantage of the Law Library's longer hours, had taken over most of the Law Library, at the expense of late arriving law students. I feel drastic action is necessary. The Law Library should be for law students. We require far more study time and preparation for exams. The fact that our "reading week" has been cut to three days does not help matters. We pay a lot more money than undergraduates and sometimes receive a lot less in return. It is time for the Law Library to institute a procedure to. — the Editor: I would like to take opportunity to tell everyone I am not going to run re-election for president of this that for the •SBA. Over Christmas vacation I received an unexpected offer to joia Law Review, which I accepted and this new time commitment will preclude me all other student organizations but also serves as the Chairperson of the Finance Committee, which has much influence over how the student fees are to be spent. The Treasurer also chairs the fee waiver committee. The Secretary is responsible for posting notices, agendas and minutes of the S6A, taking the mfnutes at the SBA meetings and managing the business and office affairs of SBA. The Vice-President serves as 'to I representative a*l University-wide committees, liaison to all other law and education-related organizations, i.e. Alumni Assoc, etc., Chairperson of the SBA External Affairs Committee and President in the President's absence or when a vacancy occurs in the Presidency. The President presides over Board meetings, and with Board approval, establishes the meeting agendas, appoints members to SBA committees and Faculty Student committees, fills SBA vacancies in certain situations and generally acts as the primary representative of the student body. This serves as a short and general description of the function and structure of our student government. (If anyone wants more specific information I'll be glad to talk with you.) The SBA, with dedicated members, has done a lot over the last few months to positively affect the Law School and its students. I am convinced that it can continue in this vein if good people decide to run for one of the soon to be filled positions. If you are interested in helping shape our school and representing students I urge you to pick up the petitions, circulate them and run. Faculty Legislation Imposes Deadline For Grades MEMO TO: The Faculty FROM: Tom Headrick RE: Blue Books For those of you who are new the system or who are empirically bent and like to compare behavior (your own, in this case) with written prescription, I enclose a description of our current grading system with several pieces of its legislative history. For all, I enclose the faculty legislation which imposes on us the deadlinefor turning in grades: four weeks after the end of the examination period which for this semester, will be January 19, 1979. I do not need to remind you, but I will, that failure to observe our self-imposed limit on a matter of such great concern to to students' does the school (1 ) I ndividual teachers considerable harm. It feeds a including part-time teachers, will destructively cynical student report grades no later than four attitude about the faculty's own weeks after the date of the last sense of professional obligation examination for the particular and lessens the respect they have semester. for our attempts to impart that (2) To ease the resulting time sense to them. pressure on those Faculty members who will have to grade Time Limit on Grading Minutes, more than one set of examination March 28,1967 papers, the Associate Dean will Professor Laufer, speaking in schedule theirexaminations at the his capacity as Chairman of the earliest convenient date within the Student Affairs Committee, examination period. (3) Students who desire to be introduced the following resolution in an effort to remedy notified by mail of particular grades received may turn in a the problem: "In light of recent adverse self-addressed and franked experience and. student petitions postcard to the Dean's Office for asking for changes in present each of the grades requested. practices the Faculty hereby These grades will be mailed by the declares the following policy office as soon as they become regarding the publication of available. (4) In order to assure the examination grades: ' .. integrity of the examination procedure, no teacher will discuss with a student the examination or grade given to him in the particular course until the grade has been submitted to the Registrar. (5) As heretofore no grades shall be released to any student who has failed to pay tuition for the semester preceding the examination. (6) Before each examination period, a copy of this statement of policy will be distributed to all instructors and suitably brought to the attention of the student body." Faculty discussion of the Resolution followed. The Resolution's adoption was moved and duly -seconded. The vote revealed nine in favor of the adoption and three opposed. Jamvy 25.1979 Opinion 3 �Brooks Qn Blackmun One Nixon Appointee Shows Liberal Tendencies fraud or deceit in connection with the purchase or sale of any security. In Blue Chip Stamps v. When he was running for Manor Drug Stores, 421 U.S. 723 president in 1968, Richard Nixon (1975), the Supreme Court held promised to nominate to the thatv a person who has neither Supreme Court judges who were purchased or sold any offered more conservative than the shares cannot maintain a private members of the Warren Court. He cause of action for damages for kept his promise and beginning in violation of 10b-5. In Ernst & the early 19705, trie Supreme Ernst v. Hochfelder, 425 U.S. 185 Court with four Nixon appointees (1976), the Court held that a ended the activist era of the plaintiff must prove a defendant .Warren Court and began an era of acted with scienter in violating conservatism. judicial 10b-5 in order to collect damages However, in the last few years, for its violation. Blackmun perhaps Blackmun, the Justice dissented from both these cases. least noticeable of the Nixon In Blue Chips, he charged the appointees has become majority with a "preternatural increasingly liberal. I don't know solicitousness for corporate the reason for Blackmun's change, well-being and a seeming if in fact he really has changed. callousness toward the investing (He did write the opinion in Roe public." 'He then added that such v. Wade.) In any case, a possible a decision limiting the scope of result of Blackmun's liberalism, 10b-5 should not be left to policy whether it be newly found or considerations which the majority Supreme is that the continued, basically did in reaching its Court may be shifting away from the conservative direction it took "In joining Mr. Justice Stewart, decision. Blackmun's actions in the in the first half of the 19705. I have joined his forthright Perhaps Justice Blackmun's rejection of the notion that First Court's most recent term indicate liberalism has been most Amendment protection is that his liberalism is continuing. noticeable in the area of freedom diminshed for 'erotic materials' Blackmun, along with Justices of speech. He wrote the majority that only a 'few of us' see the White, Brennan and Marshall, argued the admission policies of opinion in Virginia State Board of need to protect." the medical school at Davis were Pharmacy v. Virginia Citizens Consumer's Council, Inc. 425 U.S. Blackmun's liberalism is also constitutional. He joined the' 748 (1976), in which the Supreme evident in the area of securities Majority in Perm Central Transp. Court struck down a Virginia regulations. In recent years the Co. v. City of New York 98 S.Ct. statute that prohibited advertising Supreme Court has followed its 2648 (1978). It concluded that of prescription drugs. The conservative trend and limited the designation of Grand Central Supreme Court relied heavily on liability for violations of Rule Station as a landmark under New Virginia Pharmacy when it upheld 10b-5 of the Securities and York City's Landmark a lawyer's right to advertise Exchange Commission. The rule Preservation Law and the "routine" legal services in Bates v. prohibits anyone from making subsequent prohibition on certain Arizona. 433 U.S. (1977). Justice any untrue statement of a usages of the property didn't Blackmun again wrote the material fact or engaging in any amount to an unconstitutional by Bill Brooks and 14th many people assume consists of Justices Marshall and Brennan. part of the majority in Monnell v. Blackmun's views regarding Dep't of Soc. Serv. of City of criminal procedure are still NX, 98 S.Ct. 2018 (1978), relatively conservative compared which overturned a portion of to those of the latter'two justices. majority opinion, this time for a slim 5-4 majority in which he stated "Like the Virginia statutes, the disciplinary rule serves to keep the public in ignorance." Blackmun also found himself in unlikely company for a supposedly conservative Nixon appointee when he, along with Justices Marshall and Brennan, joined the dissenting opinion in Young v. American Mini Theatres, 427 U.S. 50 (1976). The Court in Young upheld a local ordinance which prohibited an "adult" theatre from being located within 1,000 feet of any two "regulated uses" or 500 feet of a residential area. The term "regulated use" included ten kinds of establishments, including "adult" theatres, adult book stores and Group D cabarets. Blackmun then wrote a concurring opinion, joined by three other dissenters in which he stated Attention Seniors! SAVE "50 when you register for bmbn's New York, New Jersey, or Pennsylvania Bar Review taking under the sth amendments. Blackmun was also ' Monroe v. Pape, 365 U.S. 167 (1961). In Monnell, the court determined that local governments were "persons" for purposes of 42 U.S.C. §1983 and thus were liable for actions that arose out of governmental custom. The court thus rejected that portion of Monroe v. Pape w)iich granted immunity to municipalities under §1983. Blackmun still maintains a relatively conservative view in the criminal area. He wrote the majority opinion in Andersen v. Maryland, 96 S.Ct. 2737 (1976) in which the Court concluded that the seizure of the defendant's bank records didn't violate the self-incrimination clause of the sth amendment. He was part of the majority in Stone v. Powell, 96 S.Ct. 3037 (1976) in which the Court foreclosed habeus corpus actions based on unreasonable search and seizures when the defendant had been afforded an opportunity for a full and fair litigation in state court. One only has to breeze through the supplement to the Kamisar, LaFave and Israel textbook to notice how the Burger Court, with the help of Justice Blackmun, has limited decisions of the Warren Court in criminal areas. Perhaps there is a reason why Blackmun has not been considered part of theliberal bloc The Warren Court quite possibly received its greatest notoriety for its decisions in the criminal area and it is possible when some people think of conservatism and the Burger Court, they are thinking primarily of its decisions in the criminal context. There are indications that in the criminal area as well the Supreme Court and Justice Blackmun may be becoming a little more liberal. This summer the Court heard five double jeopardy cases and decided three in the defendant's favor. The Court also struck down Ohio's death penalty statute. It remains to be seen if the Burger Court will halt its conservative direction in the criminal area, and whether Justice Blackmun will begin to side more often with Marshall and Brennan in the area. Outside of the criminal context no such wait is necessary. One only has to look at the advance sheets for the 1978 summer term of the Supreme Court to realize the Court is no longer thebastion of conservatism it once was, if it ever was one. (All liberals had to decry the Burger Court in order to maintain' a conscience, and while a great deal of maligning was justified perhaps all of it wasn't.)- In any event Justice Blackmun certainly cannot now be considered in the same breath as Nixon's dynamic duo. CLASS OF 1980 AMfi^ SECOND SEMESTER 1 * DISCOUNT $«* sinn atUMt IMU When you register for (Q)0/O^f s REMEMBER: Hie last day to save $50 off the price of your course is Thursday, March 15 NEW YORK BAR REVIEW COURSE REMEMBER: The last day to save $100 off the price of your course is March 15 A $50 deposit will insure the savings $100 deposit entitles you to the books NOW. A PS/^fltTS^^^Ml4ol NEW YORK- NEW VOnK 10X0/// CJV M "»»' . Vi^VrVL/ ■(212)594-3696 ««NTH AVENUE, SUITE 62 STUDENT REPRESENTATIVES: 75M246 KarmNtathrnvt «««HCh«rt» RickySMniMl Bonnie Coh«n 839^3187 K«n Patricia , Garyß.Cohen 8384805 Jrff S«r «th«r 695-1294 CWf.F^r Mik. Shapiro Martha KrM 8384878 KMiTunk TimCMhmora. ' 4Ol7thA^Suito62 NnrYaridLY. 10001 2HSSM-MM M/MMNI : 4 Opinion January 25,1979 : fltadytUFory 6364867 ■ 827-9282 SB9-7572 689-7872 691-3093 838-2058 6824632 > r �Vacation In Chilly Florida With OSHA, Rain And PVC by Amy Jo Fricano The irony was almost painful. Relaxing with the Orlando Sentinel Star on the last day of vacation, my otherwise fruitful fall semester came back to haunt me. Having just completed the Law in the Workplace Seminar, the headline "Senate Committee Recommends Disbanding of OSHA" struck a nerve, just when I had nearly forgotten the late night horrors of exam week and the snow and cold of Buffalo. Aside from having seen a few cryptic notes on the bulletin boards around O'Brien Hall, you probably didn't hear much about the seminar, so allow me to fill you in. First the good news, then on to the rest of my "vacation." The Law in the Workplace Seminar was the brainchild of several students interested in occupational safety and health issues. The main topics were the OSHAct, Workers' Compensation, and their practical side effects on people. Professor Lindgren was recruited to oversee the events. The course met weekly. 'Common reading was discussed at the outset, and from there each person was responsible for conducting one class around her/his seminar paper. The format made for lively discussion and diverse reading. Topics ranged from economics and history to women's special occupational health problems, political dynamics and press coverage of occupational health and safety issues. While the class spent plenty of time dissecting statutes and examining precedents; the sojourn didn't end in the classroom. The class toured the Harrison Radiator Plant in Lockport and Bethlehem Steel in Buffalo for a look at some real lifehazards. Several students got involved with the Western New York Council for Occupational Safety and Health (WNYCOSH), an activist group ofunion leaders and legal and health professionals. WNYCOSH will be hosting a conference soon, and those seminar students are preparing the educational materials for. distribution to the participants. This month's issue of Columbia Journalism Review contains an article resulting from research done for the seminar. The article focuses on press coverage of the Love Canal and the overlooked but surely relevant occupational health story. So with the dangers of polyvinylchtoride (PVC), asbestos and dioxin deeply impressed upon my brain, Robert and I packed up after the holidays for some fun in the sun. I should have guessed what kind of vacation I was in for when the phone rang as we were on our way out the door. Between the crackles corning from the ear piece, I deciphered a voice asking me for a copy ofmy memo about Hooker Chemical's shenanigans with the Niagara Gazette over Love Canal. "I'm with KIRO-TV in Seattle," the voice said. "I'm doing tome research on Hooker. It seems the company has dumped • some rather nasty stuff near, if make everything, including the not into, an aqueduct leading to plastic bottles right on the site. the Tacoma water supply. Could And who makes the raw materials for plastic bottles? Hooker you help me out?" After a gasp and a few shivers I Chemical. said, "Sure. For fifty bucks. They I can't tell you the glee on don't pay you to go to law school, Hick's face when he took us through the bottle operation. He you know." AAUUUGHGHGH!! "What has law school done to made a point of marching me over me?" I thought. We finally settled to some enormous boxes full of for a trade, my memo for his TV clear plastic chips (marked copy, if he ever gets enough Hooker). He grabbed two fistfuls information to get the story on of the stuff and giggled between exclamations of "PVC!! PVCH the air. Vacation warning number two PVCH" The poke, of course, was came on the way to the airport. at me. The people who work in Dusk and tons of snow, just like his plant are not risking their the AlkaSeltzer Plus commercial. health to make the bottles. The "What DO people in Buffalo, New people who make the chips are. Like I said, it was cold all York do for a bad winter cold?" Leave for Florida, if they can land week. And on the last day it was the damn plane here to pick us raining as I snuggled down with the Orlando Sentinel Star. up. Take-off was an hour late, and "Senate Committee Recommends we made our connection in Disbanding of OSHA"?!! A final Atlanta by about thirty seconds gasp. with me lugging a case of Brador (bound for some underprivileged, thirsty Floridians) from one end of the airport to the other. I worked up a good sweat by the time we boarded. "This is your captain speaking. We're having some problems by Mike Buskus closing the cargo door. We're working on it now and should be taking off in about ten minutes." The Occupational Safety and "Don't look at me, Bobby." I Health Administration (OSHA), said. "All I packed was three bikinis and •■ a toothbrush." Of which has come under increased industry and course, it turned out to be cold all criticism from both labor leaders in recent years, is the week. subject, of a new hornbook An hour later the plane finally in 1971 by West published taxied to the end of the runway. Publishing Company. came back over And guess who Occupational Safety and Health the loudspeaker? by Mark A. "The hydraulic pump on one Law was authored professor of law at Rothstein, of our engines is out. We'll have to University. go back to the terminal and see if Ohio Northern we can get another plane, or see if In the preface the author we can fix this one." eschews the possibility of writing I overheard an irate about every OSHA regulation. businessman-type tear into a Instead, he asserts "the book stewardess, ending the focuses on the common legal conversation with "Go to your issues raised by OSHA room, sweetheart." My feminist jurisdiction, standards blood pressure rose. The day was promulgation, duties under the Act, enforcement, and becoming entirely too much. Another hour later, Eastern adjudication." finally broke out the booze to The text tracks varioussections soothe other heating tempers. of the complex OSHA statute, With drink in hand, I stalked over summarizing obligations imposed to the MCP (male chauvinist etc.) upon employers. A brief historical for a little light-hearted revenge. review of labor safety and an He was fairly well-oiled overview of the legislative history already, so when he told me he of the act is also provided. was the vice president of Hawaiian Despite the labelling of this Tropic Sun Tan Products, I book as a "hornbook" in the chortled. My experience in the sense that it might be thought to Law in the Workplace Seminar summarize and criticize the law, resurfaced in my mind, and I Rothstein's text is clearly aimed' asked, "Oh, yeah? Well whatkind at the practitioner fielding of sweat shop do you guys run inquiries from targets of OSHA down there?" My mistake. He The outline of the regulations. really was the VP. text illustrates the author's Another three hours later we concerns. After attempting to finally landed in Daytona. We had frame employer duties within ISO almost made it to the parking lot pages, the author proceeds to when "Hick," the VP, staggered discuss enforcement, litigation over and slapped his card in my issues dealt with at the hand, demanding that I pome see commission level, and other topics his "sweat shop." Me and my big more intimately concerned with mouth. establishing defenses to OSHA As it turned out, the Hawaiian citations. Tropic factory was only half an A substantial portion of the hourfrom where we were staying, so we went for the grand tour. It text: summarizes Administrative couldn't be any worse than Law Judge opinions of dubious Bethlehem Steel, right? Well, precedential, value. Likewise, ' much of this book delves into almost. Hawaiian Tropic is a ■ Commission-level decisions not appellate self-contained operation. They reviewed by a federal Explorers discover relocated assignment boards in mail room. -mike buskus OSHA Hornbook Mediocre In Analysis And Depth ■' court. Much of the discussion surrounds how facts peculiar to one or another case were found to provide or deny a defense. Only a very minor portion of the text covers such long-range issues as the promulgation of permanent carcinogen standards. Several of these standards are currently under review in the federal courts. Little attention is given to evaluating the agency's internal means of proposing such all-pervasive regulations. Almost no mention is mad* of such threshold questions as the technological or economic feasibility of these rules which seek to protect workers from exposure to known or suspected cancer-inducing agents. Another substantial issue of genuine concern to the future of OSHA is likewise given short shrift in Rothstein's text. While the author does note that the Supreme Court agreed to hear the warrantless search case (Barlows v. Usery), it is surprising the text released in mid-1978 could not have been delayed until the release of the blockbuster opinion in Marshall v. Barlows. The Barlows case, which effectively undercut the agency's entire warrantless search enforcement mechanism, was widely reported in both the general press and legal periodicals as the test case for OSHA's enforcement mechanisms. It was well-known this case presented substantial constitutional questions. Yet, West chose to publish its OSHA treatise without even discussing any of the arguments or points raised in the briefs of this case which had already been argued at the Supreme Court months before the author penned the preface to the book. ■ • *'f Other areas of importance for the future of the agency are not considered by this text. Nowhere, is there any meaningful discussion of the debate surrounding highly publicized and oft-criticized regulations. For example, there is no consideration of the conflicting regulations requiring workers to wear ear protectors to safeguard their hearing, while lift trucks in the same workplace are obligated to sound loud alarms when backing up. The book is not totally without redeeming features, however. Occasional analysis of questionable cases is interspersed throughout the text. Questioning the soundness of one decision, Rothstein writes: "The actual exposure rule was ill-conceived and unreasonable. This conclusion is supported by the fact that the two most reliable indicia of actual exposure are the occurrence of an accident and first-hand observation by compliance officers. Relying on either indicator is unsatisfactory. With regard to accidents, it is apparent that the purpose of the Act is to prevent accidents, not to fix the blame for their occurrence. Therefore, citing an employer after an accident does little to effectuate the Act's purpose." Despite occasional flashes of inspired analysis, the text is largely devoid of thoughtful counterpoint to the collection of practitioner-oriented cases. The book is lacking in its consideration of such pressing issues as the proposed (and costly) worker carcinogen-exposure standards. Furthermore, the failure to at least summarize the arguments and issues briefed in the Marshall v. Barlows case that was pending on the Supreme Court docket well before publication is entirely inexcusable. Rothstein's Occupational Safety and Health Law is a major disappointment Not only is the analysis mediocre, but the documentations within the text are often absent Furthermore, the book lacks even a table of cases. Perhaps the anticipated pocket part can salvage some utility out of this work. JMUwy 25, W79 Optakw 5 �Short Keller Yankee Clubhouse Now Fair Game For Women of the 18 teams in the NHL gave female reporters access to their fortunes of the Yankees during locker rooms. And accredited the '78 playoffs and Series was female reporters have also been brought home when some given access to the locker rooms Americans were treated to the of such teams as the New York spectacle of watching Bucky Cosmos and the Minnesota make a fool of himself in a recent Vikings. movie about the Dallas Cowboy cheerleaders. many of the players involved Anyway, my favorite baseball have no objections to the presence story of 1978 (apart from the of women reporters in their locker Yankees and their miracle) rooms after ballgames. In August received very little attention while of 1976, the public relations it was happening and certainly director of the Yankees told the was never recaptured during the Director of Information of the winter off-months. It had to do baseball commissioner's office the with a permanent injunction Yankee-players had concluded by issued by the United States an "overwhelming majority" that District Court for the Southern women could be allowed access to District of New York preventing the clubhouse if they conducted the Yankees from barring a themselves professionally. And in wpman reporter, Melissa Ludtke, fact, during spring training of v from the locker rooms of the 1978, women journalists were Yankee clubhouses solely on the given access to the locker rooms ground of her sex. The Yankee at the Yankees' spring training organization was required to camp in Fort Lauderdale, provide other more viable means although later the team was to either protect the privacy of instructed to comply with the the players or ensure that all Commissioner's policy and sportswriters have equal access to exclude women reporters during the ballplayers following any the regular season. given game. While this decision might seem less than earth shattering to many many male sportswriters feel sports fans, it will make a big women reporters should be given difference to the growing number equal access to teams' clubhouses of women sports reporters in this and admit that significant country. This is especially true in portions of the news written light of the fact that baseball is about baseball emanates from becoming increasingly .more news gathered by male reporters popular and thereby more in the clubhouses of professional important to the sports editors of baseball teams. The parties this country's newspapers and involved in the litigation in magazines. Baseball assignments question admitted that by thus become more important to' definition, female reporters who the careers of many reporters, are excluded from baseball male and female. clubhouses are not given the same Add to this fact of professional access to the news and life the policy of organized newsmakers as their male baseball as a whole, expressed in a colleagues and competitors. This letter from Bowie Kuhn to the denial of equal access places general managers of all major female reporters at a severe league baseball teams, that competitive disadvantage because baseball should maintain a they miss stories witnessed or "unified stand" against the heard by male reporters inside the admission of women sportswriters clubhouse, because they are to major league clubhouses and it unable to take advantage of the becomes apparent that the district group questioning inside the court's decision may in and of clubhouse and because they are itself be the only thing which will unable to talk to some players at allow many women sports all. reporters to freely pursue their chosen profession. the New York Yankees On the other hand, for those clubhouse, most likely a who feel this decision will bring representative setup, is divided an end to the game of professional into nine areas including the baseball as we know it and force central locker room area many grown men to expose containing players cubicles; the themselves in more ways than one manager's office; doctor's office; following their ballgames, the sauna; washroom; toilets and Court's decision brings out some shower room. The shower and rather interesting facts: toilet facilities are completely hidden from any view from the allowing women sports locker room and many reporters reporters into the locker rooms of have traditionally been granted professional athletes is not a new access only to the central locker idea. Following the January 1975 room area and the manager's National Hockey League All-Star office. The player cubicles in the Game, the teams involved decided central locker room are four feet to allow women reporters to wide and three feet deep and a conduct interviews in the locker curtain could be hung across the rooms. Professional basketball cubicle's one open side to allow a teams began to admit accredited player to dress in his cubicle if he female reporters to their locker wishes. | rooms in the spring of 1975. the in the teams 22 Today, of Melissa Ludtke had had two NBA, all but two* or three admit female reporters, including both years experience as a junior New York teams. As of the date baseball writer for* Sports of the decision, approximately 14 Illustrated when she was assigned The surprising contributionsof Bucky Dent to the considerable by Maria Colavito The Super Bowl will be over by the time this column goes to press which should finally get me off the hook with football fans. Add to this the fact that basketball fans aren't as militant as football fans (or else why would they let them sit so close to the players?) and I think it is safe to assume that, the long hard winter has passed and I can now broach the subject of baseball with a clean conscience. Now that the Super Bowl keeps getting pushed deeper and deeper into themonth of January, it seems that the first crack ofbat against ball (or partying ballplayer also a familiar against tree sound of spring training) is heard before the Bowl trophy has had a chance to collect any dust. But in any case, I for one don't think it is ever too early to start thinking about the coming baseball season. Those people who insist on philosophizing about the reasons for the popularity of a sport (when probably any true fan's appreciation runs so deep it shouldn't really matter why) often suggest that one of the reasons that baseball is so popular is that the winter months provide a perfect respite to remember (or to be reminded of) the performances of the previous season. This winter season did nothing to let us down in that department though some would argue that the Baseball Writers should be tarred and feathered for .passing up the chance to give Ron Guidry the MVP, which although traditionally an award rarely given pitchers, could hardly have ever been more deserved. In any case, Guidry won just about everything else, and the award was given to Jim Rice who was deserving of recognition for the season he put in (remember that bit of magnanimity you Red Sox fans when things get rough later on in the year!). The spectacle of watching Pete Rose deal himself off to the highest bidder (obviously worried that the Baseball Hall of Fame may "someday decide to enshrine its heroes according to the sizeof their salary and wanting to protect a spot at the front of the line) served to remind us of Rose's modernrecord hitting streak. — , Moot Court International Competition The Moot Court Board announced that it will be represented in the Niagara International Law Moot Court Competition in Cleveland on February 2 and 3. Third year student Ted Firetog and second s year student Karen Mathews will represent Buffalo. This year's event is hosted by Cleveland-Marshall Law School. The issues in the competition deal with expropriation of --foreign-owned mining enterprises. .^m ' Opiaion 6 hmmty 25,1979 — — by the magazine to attend and does report on the 1977 World Series games. Although following the final game for example, dozens of men were allowed in the clubhouses of the teams involved, including television filming crews, Ms. Ludtke and other female reporters were barred because to admit them would allegedly have invaded the privacy of ballplayers whose every action was being televised into millions of American homes to tens of millions of people including women and children. This is an incongruous position when one considers that baseball defended its policy not only to protect the privacy of its players but "to protect the image of baseball as a family sport and preserve traditional notions of decency and propriety." In the eyes pf the District Court several alternatives, less sweeping than the then present policy of total exclusion, presented themselves to organized baseball. When balanced against the fact that implementation of the policy as it then stood deprived women of their right to pursue their chosen profession as sports writers, the court found an injunction completely warranted. The custom for ballplayers to freely undress in the locker rooms following a ballgame free from the worry that a female reporter may be in the room did not stand the scrutiny of a constitutional equal protection attack in the eyes of the district court. The fact that it is more convenient for ballplayers to, continue according to custom not justify depriving someone of the right to make his. or her living in any way he or she chooses. So, the court held the Yankees' policy of total exclusion of women sports reporters from the locker room at Yankee Stadium (in line with the Commissioner's stated policy) was not substantially related to the privacy protection objective and thus deprived Melissa Ludtke of that equal protection of the laws which is guaranteed her by the Fourteenth Amendment. The court also unreasonable interference with plaintiff Ludtke's fundamental right to pursue her profession in violation of the due process clause of the Fourteenth Amendment. As for the defendant's other professed interests in maintaining the status of baseball as a family sport and conforming to traditionalnotions of decency and propriety, the court found them to be clearly too substantial to merit serious consideration. Weighed against Ms. Ludtke's right to be free of discrimination based upon her sex, and her fundamental right to pursue her profession, such objectives could not justify the defendants' policy under the equal protection or due process clauses of the Fourteenth Amendment in the eyes of the Court N <'■'■ So, it appears even if organized baseball refuses to come of age itself in some respects, there are at least some courts that are willing to give it a clearly aimed kick towards reality. ■ found^ • — — . Professor Koche^lecturingonNewYorkPracticeT^ -mike buskus "Coach" Celebrates Silver Anniversary Twenty-five years ago and Labor Law. In addition, Professor David R. Kochery Professor Kochery teaches the joined the Law School Faculty. largest course offered in the Kochery was granted a full Professorship in 1962. He received his training-at Indiana and Yale and taught Law at the University of Kansas City. Professor Kochery, affectionately referred to as "the coach," has taught predominantly in the fields of Civil Procedure curriculum: New York Practice. There are few, if any, students who leave this law school without taking a course with Professor Kochery. Opinion congratulates Professor Kochery on his may years of dedicated teaching and looks forward to more of the same. �Culinary Coun»d Homemade Ravioli A Suozzi Family Tradition by Paul Suozzi ravioli for the first time last summer, employing a modified "broomstick" method. (That means I used a regular rolling pin instead of a broomstick.) Working in the traditional manner is very rewarding, but given the option I prefer to use a pasta machine. The pasta machine has the advantage of assuring each piece of pasta is rolled to precisely the same thickness. Also, the width of the pieces which come out of the machine is perfect for using a form for making the squares. The combination of using the pasta machine and a ravioli form will give you uniformly sized and shaped ravioli, which will cook more evenly. The opportunity to use a pasta machine presented itself this Christmas when I received one as a gift. You can imagine my excitement as I sent the first piece through the rollers, gradually reducing the space between them until the pasta reached the perfect thickness. As I continued the process of filling and sealing each square, I knew I would never have to rely on frozen ravioli again! Whether you use a pasta machine or the old-fashioned method, homemade ravioli is a reward well worth the effort of preparation. The two components you will need to make ravioli are pasta or dough and a filling. Both of these can be made in a number of ways and it would be inaccurate for me to assert that any one is correct. In fact, my mother and I use different recipes to make the pasta. Our ravioli is made with cheese, though meat fillings are also used. You should not, therefore, be limited by what you see here, but you can rely on these recipes as tried and true. I would like to welcome everyone back from our brief vacation with the hope it was enjoyable for all, especially from a culinary standpoint. School vacations conveniently correspond with those days in the year in which the cooks in my family seem to outdo themselves. Most American families celebrate holidays by preparing a stuffed bird with all the trimmings, and mine is no exception. But we also add a speciality which will always be synonymous in my mind with Thanksgiving, Christmas and Easter. That is homemade ravioli. Homemade ravioli is as traditional in my family as Santa Claus, Pilgrims and the Easter Bunny. The holiday meal wouldn't be the same without it, so much so even my Irish Aunts havelearned to make it. Some of you may be thinking, why should I bother spending time stuffing squares of dough with cheese when you can buy them already made .in the frozen food section of the supermarket? Well, anyone who has ever tasted homemade ravioli knows there is no comparison. (Don't even mention Chef Boy-ar-dee.) My first exposure to ravioli-making was watching my The recipe I use for pasta was mother and grandmother practice the art using the time-honored printed in Opinion last spring, "broomstick" method. The method is-so-named because the rolling pin is a broomstick, which allows you to roll out a large piece of pasta to work with, thus cutting down on the rolling time. I watched them make ravioli this way for years, even after my uncle returned from a trip to Italy with a pasta machine for my grandmother. She refused to use it at first, trusting in the traditional way. Gradually, however, she realized new can be good and in some cases even better than old methods. Now there is a new tradition in my family of making ravioli using the pasta machine. I made my own homemade volume 18, no. 7, copies of which can be viewed in the Opinion office or the University Archives. Rather than repeat it, I will give you my mother's recipe (which isn't bad). The recipe for the filling is also hers, and it is the one I basically follow. Ravoili Alia Mamma Suozzi The following recipe will make approximately SO ravioli, 2"x2". When served as a main course, you should alot an average of ten per person (and don't expect any leftovers!). v same store, but they cost about ten dollars or more.) 3 cupsflour 2 Tablespoons butter Assuming you are working 2 eggs without a pasta machine and 1 cup warm water without a form, at this point you (approximately) will have a rectangular piece of pasta in front of you. Visually In a bowl, cut the butter into divide the length of one side into the flour using a pastry blender. two-inch squares. Using a soup/ Break the eggs into the flour and spoon, scoop a well-rounded work in using a fork or your spoonful of filling and, using a flat fingers. Gradually add the water, knife, push half of the filling off as needed until the paste forms a the spoon and into the middle of real dough. Then knead the dough one of those two-inch squares. Put on a floured board, making sure it does not absorb too much flour and become dry and flaky. Knead about ten minutes until the dough is smooth and elastic. Now you are ready to roll. If you are using a rolling pin, break off a piece the size of a tennis ball and flatten it on a lightly floured board. Roll from the center out, forming a sheet of pasta in the shape of a rectangle which is about as thick as a dime. The pasta must be filled soon after it is rolled out since the pasta must be moist enough to seal around the edges. (The pasta which is waiting to be rolled should be kept in a bowl covered with a damp cloth so it doesn't dry out.) the rest of the filling into the next If you have a pasta machine, one and continue the processAintil break off a piece of dough about you have no more room on the the size of your hand, flour it and side of the sheet of pasta. You send it through the machine with have to be careful not to crowd. the rollers at the widest setting. Now comes the tricky part. Continue to send it through, Holding the edge of the pasta gradually reducing the space nearest you, gently flip the dough between the rollers, until the over so the filling is now between dough is, again, about as thick as a two pieces of dough. Using the dime. At this point you are ready tips of your fingers, seal the to add the filling. dough completely around each square. (Make sure you don't trap Filling any*air inside, as it will cause 2 lbs. ricotta cheese them to over-inflate when cooked 2 eggs and they may break.) When the 1/3 cup grated parmesan dough is sealed well, use the cheese (approximately) pastry cutter to cut the whole row Vi teaspoon dried mint leaves away from the sheet of pasta, and (approximately) then to cut each individual square from the row. The finished ravioli should be placed on a cookie sheet covered with corn meal (so they won't stick). Continue this process until you have used up the pasta or the filling. (Left over pasta can be cut into pieces and used another time. Left over filling can be saved for a snack.) If you are using a pasta machine and a form, the pieces which come out of the machine will fit nicely over the form. Fill as before, cover with a second piece of pasta (or the overlap from a long piece) and seal by rolling a pin over the form. Then turn it over and gently shake out -Amy lo Frlcano the ravioli. Place on a cookie sheet V* cup chopped fresh parsley as above. When the cookie sheet is full (approximately) you can place it in the freezer if salt and pepper to taste you want to save the ravioli for In a bowl, combine the another day. (When you cook ingredients and mix well. (It is best to do this before you start UNIVERSITY PRESS the pasta, as it will be ready when DESIGNS: needed.) I ~i I Resumes How you put together the Stationary ravioli squares depends on Business Cards whether or not you have a form Advertising for making ravioli. If you have a form, you will also need a rolling 361 Squire Hall pin. If you don't have a form you Main Street Campus will need a pastry cutter which 831-5572 Part of Sub-Board Ona. can be purchased at any Italian not-for profit studant your specialty store for a couple of urvica corporation. dollars. (You can get a form at the Pasta them, there is no need to defrost first.) Always use a very large pot to cook ravioli'as they need lots of room. They usually inflate a bit as the air expands inside them and this makes them all float to the surface. It is a good idea to gentry stir them around so the ones on top get their share of the heat from the water. When al dente, drain and serve with your favorite sauce. As I said before, I prefer to work with a machine and a form. —Amy Jo Fricano However, I suggest you try making them by hand first, for a few reasons. A machine and form will cost $40 or $50 if they are good quality, whereas a pastry cutter is relatively inexpensive. Also, the experience of making them by hand will help you better appreciate the art of pasta-making. It will also allow you to make ravioli when you are in a place where a machine is not available. (Imagine being stranded on a desert isle, unable to make ravioli for lack of a pasta machine!) Whether you make them by hand or with the help of modern conveniences, homemade ravioli is sure to be an unforgettable experience. Editor's note: Culinary Counsel would like to dedicate the next column to seafood recipes. Please share your favorites by dropping them off in the envelope outside the Opinion office, room 623, no later than Tuesday, January 30. CORRECTION: In the December 7 issue of Opinion, an error was made with regard to the recipe for Weiner Semmelknodel/Viennese Bread Dumplings. The loaf should be wrapped and placed in the freezer for at least 24 hours, not 2 hours as originally stated. ( SUMMER LAW STUDY in Guadalajara London Oxford Paris San Diego --- For information: Prof. H. Lazero. U. of San Di«io School ofLaw Alcala Park, San DtefO.CA 92110 January 25,1979 Opinion 7 �BLP Election Held; Financial Aid: Forms, Deadlines Haimowitz At Helm by Arlene Fisk legislators. Some projects proposed to be researched this semester include the possibility of college students being able to vote in their college community and a determination of why the Appellate Division is divided into four departments. The 1979-80 Financial Aid Form (FAF) and Form U.B. are now available either in room 314 O'Brian Hall or at the Financial Aid Office on the Main St. Campus in Butler Annex B. If you are interested in federal loans (NDSL) for next year or in work/study for the summer of The Buffalo Legislation Project has announced the names of the new' Editorial Board members for the next year. Stu Haimowitz has been elected director of BLP, which has the largest membership Since its creation in 1973, BLP of any extra-curricular members have worked on many organization at the law school. projects, some of which have resulted in the introduction of Ken Patricia and Pat Armstrong legislation. The present Warranty —continued frompage one will serve as managing editors, and of Habitability which exists in our condition of entering the store, 18 second and third year students present state statutory scheme the clerk vascillated, finally will serve as editors for projects was written as a BLP project and acknowledging it really wasn't for this semester. passed by the New York State by essential. Without further opposition or resistance, Poliner BLP is designed to serve state legislature after introduction sponsor. the project and local legislators and public then entered the store. officials. Each semester, BLP Textbook buy-back policy will The membership of BLP is members do projects on questions open to all second and third year now be strictly according to submitted by public officials. students. Although membership company policy. Trede disclosed These projects are often designed for this semester has already been students wishing to sell used texts to amend legislation or to selected, interested students will back to the bookstore would determine the purpose of a be able to apply for admission receive 50 per cent of the current present state or local government next September. Each member of list price if the books were in practice. The range of potential BLP who successfully completes good condition and were projects is only as limited as the three semesters receives three "current." For books in poor interests of the sponsoring credits. condition, such as with damaged bindings, the bookstore will either 1979 or for next year, you must complete the FAF and Form U.B. Application for federal loans or for work/study consists of two forms: the FAF is mailed to Princeton and must be postdated before January 31, 1979,(1f you do not have your tax statements for 1978,estimate your income to the best of your ability.); Form U.B. must be submitted to the Financial Aid Office - Butler Annex B on Main St. Campus before February 28, 1979. Late applications will be processed only after all timely applications have been considered. FILE NOW! Bookstore Under New Management howtoposs thenewyprkbor examination... refuse to buy it or will acquire it only at a further reduced price. Where a text is superceded by a more recent edition, the bookstore will not buy the book at any price. For books that are not in demand on this campus, but for which a wholesale "buying" catalog listing exists, a nominal scrap value price will be offered. This amount ranges from almost nothing to 20 or 25 per cent of the list price of a particular book. All repurchase decisions are to be made by individual managers, subject to the policies formulated by Trede on behalf of Follette Enterprises. In a discussion of pricing policies with the Opinion, Trede related that law books are sold on consignment from the leading publishers such as Foundation Press and West. According to Trede, those books are invoiced to the bookstore at list price (retail) less a discount varying from 20 to 23 per cent, depending upon the publisher. Under that system, a $22.50 New York Practice casebook is billed to the bookstore at $18 plus freightBooks remaining unsold after a specified time are returned to the publisher for full credit, although the bookstore must pay shipping costs. Trede admitted profit margins on other items were larger than for law textbooks. For example, he indicated Government Document publications were acquired at a 25 per cent discount from retail. Government books, however, are non-returnable. Student study aids, such as nutshells and Gilberts are obtained at varying price reductions from the publishers, but generally are bought at a discount of from 33 to 40 per cent offretail price. In another major announcement, Trede revealed plans to close the Baldy bookstore permanently by the end of 1979. In its place, a new and larger "campus" bookstore will be built near Baird Point adjacent to Lake LaSalle. The new building, not yet under construction, will house an , expanded store. The new bookstore will probably operate for longer hours, including nights and weekends. Although the Squire and Ellicott stores are due to remain open after construction of the new store, service in Baldy will be halted. Trede disclosed there are no plans of any kind to retain service of even a satellite lawbook store in Baldy or O'Brian after the end of 1979. Prof Claims Ignorance Of Rescheduled Examination -continued from page one Study. Study. Study What? A Bar Review Course that doesn't do it for you? That's right. We'll organize the material, present it with a distinguished faculty, and teach issue-spotting and question-answering techniques. All for the best price around. (After all, you do all the work.) spring-fall new york practice courses summer-winter new york bar review courses For information: Call (212) 765-5700 or write 810 Seventh Aye., New York, NY Practising Law Institute A not-for-profit continuing legal education institution chartered by the Board of Regents of the State of New York. Cwnput top: Ted Fiictog 836-6291 8 Opinion January 25,1979 These students felt that job and personal commitments and other responsibilities would make it difficult to once again prepare for an exam that they had a legitimate right to take when scheduled. Students also expressed annoyance that their vacation was to some degree ruined by having to come back to school and take an exam. Amidst cries of "Free the Buffalo 11," a majority of the affected students petitioned Greiner this week to cancel the exam. The petition contained a proposal to grade the students based on class participation and a paper already submitted on a project completed during the semester. The proposal suggested that the students receive a grade of "S" for satisfactory or "U" for rather than the usual "H" "Q" "D" "F" grading system in light of the-unusual circumstances. The "S" grade is already used in the law school in granting credit for such activities as Moot Court, Law Review and BLP. The disposition of the issue is still unclear as of this writing. Greiner has reacted favorably to the proposal and had directed Spanogle to grade the students on this basis. Eight of the eleven students were awarded an "S", while the fate of the other three remains uncertain. Spanogle had temporarily misplaced the paper of one of the three students, and the grade will depend upon his evaluation of the paper. The other two students have been given the option of taking a make-up exam or writing another paper to satisfy the course requirements. unsatisfactory ABA Revising Standards 10019 The ABA Standing Committee on Association Standards from covering probation. sentencing and Anyone with an Criminal Justice recently met in interest in criminal justice should Washington, D.C., November 17th contact Patti Bartlett, Liaison, and 18th to continue revision of William Mitchell College of Law, ABA Criminal Justice Standards. 875 Summit Avenue, St. Paul, The Standards discussed at the Minnesota, November meeting included those 479-3249. 55015. (612) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-01-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/25/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/02faa47b61b77d5ef51a738941f6b91c.pdf 5e425b9ff30ec03cb7416977927145a9 PDF Text Text Non-Profit Organization US. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume 19, Number 8 State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 February 8,1979 Computerised Research LEXIS Arrives In Library by Mike Buskus sophisticated as those presently in in the instructional chain. Ohio State even offers Legal research can now be All ( the schools introduced "refresher" courses to users whose done electronically thanks to LEXIS with a series of training search techniques are rusty. Most computerized systems such as sessions. Various methods were of the law schools utilizing LEXIS LEXIS, WESTLAW, JURIS and tried, but the most successful reported that user proficiency others. These research systems efforts combined a general increased after students applied utilize remote terminals theoretical explanation of LEXIS to a variety of research resembling typewriters which are computer data retrieval methods problems. connected by telephone lines to with individualized An important feature centralized computers with demonstrations or small group distinguishing LEXIS from other "libraries" in the memory banks. instruction. One school reported computerized systems such as The Charles B. Sears Law that the best results were obtained WESTLAW is that LEXIS is a Library at UB Law School now when the "hands-on" training "full text", "interactive" system. has; LEXIS, the legal: research sessions were conducted soon It includes the complete computer marketed by MeadDate after the general theoretical word-for-word text of all cases Central. overview. within its memory. Every word "The present; version"of LEXIS ■ ; Other methods of instruction printed in the official report of j* an updated and modified form in LEXIS use have produced United States Reports, including of OBAR, the Ohio Bar varied results. Mead Data supplied the syllabus of decision and names Automated Research system a ''black box'1 of counsel, is included in a pioneered by Mead Data in 1971. programmed-instruction system to "segment" of the LEXIS data The OBAR computer was first the University of Missouri at base. In contrast, WESTLAW tested at Case Western Reserve Kansas City. This device plugged relies upon digests of cases Law School in Cleveland. The into the regular LEXIS terminal. garnered from the West's research capabilities of the system Similar in function to headnote system. Thus, whereas originajly limited to Ohio "programmed" textbooks, it WESTLAW pre-indexes case statutory and decisional law. utilized a set of canned questions extracts according to its Later expansion of the "libraries" and answers to familiarize users established digesting system, added United States Supreme with the operations of LEXIS. LEXIS neither furnishes nor Court decisions after 1938 and Repeated mechanical breakdowns imposes an indexing system. Circuit Court cases decided after limited its effectiveness, however. LEXIS is accessible through a 1945. District Court and Court of LEXIS now features a series of key word system. Searches are Claims cases are also included) as videotaped instructional lectures. conducted by linking search are a -growing number of state These tapes, authored by Mead words (e.g. "automobile", decisions. Data President Jerome S. Rubin "negligence", "bicycle") with LEXIS 1 modern terminal and other employees of Mead, appropriate connectors (e.g. resembles a standard computer explain the theory of Boolean "and", "or"). The manipulation keyboard, coupled with a cathode logic and demonstrate it with of keywords and appropriate ray tube (CRT) video display. specific research problems. connectors generates a response Complementing the installation is Training sessions conducted by from the CRT indicating how a line printer for paper copies of LEXIS salespeople or trained many cases have "satisfied"* the retrieved information. A librarians emphasize strategy and search request. The researcher can telephone line allows for data efficiency in searching for relevant then reformulate the search transmission to Mead's centralized authorities. Initial results at the request if too many or too few computer in Dayton, Ohio. Ohio law schools disclosed that cases are retrieved. In addition, a Mead Data substantially revised second and third-hand instruction KWIC (key word in context) the "software" (programming) in was less efficient than training by display shows a portion of the 1974, while simultaneously librarians. The spectrum of search text of discovered cases to expanding the variety and methods diminished at each link —continued on page twelve time-span of "libraries" available. By the time of this revision, three other Ohio law schools (Cleveland State, Ohio Northern and Cincinnati) had acquired the system. OBAR was renamed LEXIS as nationwide availability of this system was planned. VV aide Sue Kushner with The four Ohio law schools with the most experience in LEXIS LEXIS report that student response to this new research tool has generally been enthusiastic. In contrast, faculty interest has been somewhat less intense. When the computerized system was introduced at Case Western, little attention was given to training users in the theory of computerized data retrieval. Instead, most efforts by Mead revolved around ironing out technical bugs in the system and expanding the number of "libraries". Even the data terminal used at Case Western was not as use. Students turn out to support Prof. Abramovsky -Michael shaplm SBA Meeting Held On Prof's Fate by Paul Bumbalo On Tuesday, February 1, the Student Bar Association(SßA) held a meeting to discuss the fate of Professor Abraham Abramovsky at the law school and general selection criteria for faculty members. The issue of Professor Abramovsky's appointment moot, became however, Friday, February 2, when he requested the SBA not raise the issue during a full faculty meeting to be held later that day. The fact that approximately 100 students attended the/SBA meeting in order to provide student input, indicates the significance the- student body places on appointment decisions. All of the students were deeply concerned that their interests were not being adequately reflected by the selection criteria applied the by Faculty Appointments Committee. Doubts were expressed as to whether the faculty was assigning proper weight to the various considerations which go into appointment decisions. Second year student Jerry McGreer's comments concerning the qualification of Abramovsky are indicative of what the majority of students feel should be the proper considerations in making a faculty appointment. "The ability to keep students' attention, good teaching methods, informing students how things are in real life not just in theory, creating an atmosphere conducive to learning, and preparing students for a future beyond this," McGreer said were important considerations. The concerns of the faculty include the interest of the students but are not limited to them. When making an decision, appointment institutional concerns must be Considered. The continued viability of the law school as an educational institution depends on many factors including: the schools' reputation, the quality of the faculty in terms of publications and teaching ability, the quality of its graduating students and the quality of its incoming students. "Additional concerns are whether the teacher ill fit in with the faculty, the image of the school and the bringing in of people to enhance that image," Tony Leavy, SBA president said during the meeting. Late Friday afternoon whan Abramovsky's request became known, there were feelings of surprise, helplessness and frustration. Anger was also evident on the faces ofmany law students. A great deal of effort was expanded by many students to clearly express their views. There was a high level of student participation at the SBA meeting in the form of proposals to student effectively promote interests. Some of the suggestions were: going to the' legal community to inform it as to the events of the past week, calling a strike where students would refuse to attend classes and openly informing individual faculty members of what the sutdents feel are in their best >, interests. ' ' ' were. - -mlchoelShapiro �Vol. 19, No. 8 • Editor-in-Chief Jason Poliner Feb. 8,1979 Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: j.R. Drexelius Staff: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Dwight Wells Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff iof OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial In Re Abramovsky Students Are Ignored Letters To The Editor Batt Goes To Bat For Battered To the Editor: Ah yes, once again thevoice of cries- out in the wilderness. "The grading system stinks. We'll take our chances at getting a C rather than put up with the mediocrity of a Q!" Well, I've been here almost three years and I say, "Three cheers for the grading system!!" To the newcomers, the advantages of the grading system might not be obvious. I thought I might offer a few I have discovered. First of all, SUNY at Buffalo has the only law school in the nation where 75-80% of all students are ranked in the top one-third of their class (according to a recent survey of resumes). And there's no disputing those inexperience figures! reasons why the grading system was implemented in the first place. By explaining the meaning of a Q, you get to show off those advocacy skills you've been taught in law school. Pretty tricky, eh? Personally, think the Q+ and Q- on the grading sheets are enough feedback for the student. They accomplish their purpose while keeping a lid on competition at the school. Some professors have even gone so far as to really detail the feedback to their class members. In addition to Q+ and Q-, we now have Q+(meaning: don't bother to ask me to raise your grade to an H) and Q- (meaning: you deserved a D but I already gave out my limit). Recently, the law school has even seen the introduction of two new grades, the D+ and F+ (meaning: unknown). How's that for detailed feedback! Oh yes, it's undetermined whether or not you can get a letter in your file to show substantially better work than a plain old D or F. Ther» are disadvantages to changing the system. Can you imagine how long it would take to get the grades done if petty distinctions had to be made (i.e. B- or C+). Last year I heard a I Secondly,, most employers are so confused with the system of grading that they don't bother to ask for transcripts anymore. That is a great relief to those of us who In what has been referred to as an unprecedented sign of student have a couple grades we are not cohesiveness, the SBA, on February 1, staged an organization meeting too proud of. If an employer should happen to thwart the inevitable "fate"of Professor Abraham Abramovsky. Professor Abramovsky has only taught here for one complete to request your transcript, you semester. It is indeed a tribute to the man that approximately 100 have the advantages of explaining students attended this meeting. to him exactly what a Q means. The faculty is in a curious position. They advocate their sensitivity This relates back to one of the to student input to the Promotion and Tenure Committee and Appointment Committee via the SCATE forms. Indeed, they claim that such evaluations are taken seriously, (see Allan Canfield's letter on page two). .We are, however, quickly informed that there are other criteria: research, community service and in-house activities. The quintessential which may be ineffective and issue is to what extent each of these criteria are weighed. poorly chosen. If (for the sake of analysis)' the criteria is limited to four major To the Editor: As with all social science tools, considerations, a tremendously strong showing in one area (teaching) the feedback form is a thumbnail should carry the day, provided the other areas are not of a desperately sketch of assessment, and it would low level of achievement. Several students have asked be hazardous to plot out a Assuming 'the proviso is never invoked, one can only conclude that questions about the teacher's future career based on a the impact of the student evaluation of teaching is minimal. There is teaching/course evaluation results. single assessment or feedback little argument that the faculty should and must take all of the above Here are responses to their form. The forms can be very factors into consideration and not rely solely on one's teaching ability. questions. helpful in the improvement of Student frustration is, however, undoubtedly compounded by the The computerized form pedagogy for the sensitive teacher fact all of the facts are not made public. The students' contribution to (designed by students and faculty and especially for the novice the evaluation process goes to only one of severaj factors. on last year's FSRB committee) teacher. Most students realize, I In light of the fact that the Appointment Committee refused to when it is returned from the think, that teaching is an art consider Abramovsky, it is difficult to constructively comment on the computer center is copied, (some would say skill, science or substantive basis for their decision. It would seem that the returned to individual faculty craft) which requires a blending of overwhelming student support for Abramovsky would have at least members, and placed in the cognitive and interpersonal warranted consideration, li is this type of treatment that tends to library for general, student use. talents. In this sense, one would foster student frustration and heighten criticism of faculty decisions. Some -students use it to help them vnot want to see feedback forms decide which courses they, -will used as- a student clobber device take. or mechanism, nor to be used Additional copies are kept in against the teacher; conversely, my office and in the Dean's office one would not want to see a for use by the Promotion and faculty member "get back at^' Tenure Committee. Typically, students for their negative that committee collects and appraisal of his or her pedagogical The SBA in its attempt to invoke strict adherence to self-imposed evaluates each professor's teaching conduct. In this regard, faculty faculty deadlines for posting grades has requested the assistance of Dr. as they come before that Ronald F. Bunn, vice president for academic affairs, and Dr. Gilbert committee, by looking at their Moore, university dean for the division of graduate and professional past records on the SCATE. Such evaluations are taken seriously in education. The SBA's actions are clearly drastic. Are they, however, the determination of promotion necessary? Are they likely to result in the early posting of grades? Or is or retention. The committee To the Editor: it merely a dramatic gesture which will only serve to attract University evaluates their research, community service and in-house On February 27 and 28, the probing into areas best left to the law school? We fully understand and empathize with the SBA's frustration in activities as well. In addition, SBA will conduct a general this matter. It is a frustration undoubtedly shared by Dean Headrick. faculty members visit classes and election pursuant to the We fail to see whatremedies are available to the University that are not student letters are solicited to provisions of Article 111 of the ensure a complete evaluation. SBA Constitution. Voting available to the law school. The new form is designed to members of the SBA will choose a Surely, the University would view this matter as one perfectly tailored for in-house disposition. This, of course, brings us back to step provide "feedback" to a teacher President; Vice-President; one: reality. The reality that the faculty has always posted grades when on several dimensions. It is Hoped, Treasurer; and Secretary. In they have deemed them finished and have never followed the dictates for example, that by statistical addition six Directors will be correlation, a professor will be chosen to represent the present of a calendar. To suggest that the faculty change the deadline to a more realistic able to pinpoint whether he or she First-year class (Second-year one certainly does not solve the problem bu merely attempts to is effectively teaching to the Directors) and six Directors will whole class; allowing a handful of be chosen torepresent the present disguise it. This would serve only to pacify and not to expedite. The bottom line: the remedy of specific performance is not students to dominate the class, or Second-year class (Third-year requiring students to read material Directors). available in contracts for personal services. Purpose say how great the grading system was because you only have to distinguish H's and D's from the rest of the papers. I think it took him only about two months to get his grades posted. That just goes to show you that you won't get the quick service we- now have with "a six or 10 tier professor grading system. Ffnally, law students have to realize the grading system in law school is much more than just feedback about how well or poorly you've done in a course. It is also a preparation formal life as an attorney. There will be times when you are sure you have convinced the jury of the defendant's innocence. After deliberations, they will reenter the jury box, the foreman will stand and forcefully announce the verdict, "GUILTY!" Remember, getting a Q or D now, when you thought you wrote an H exam will help take the sting out of that day. Likewise, don't be surprised if one day, when you leas^expect it, someone walks up to you and says, "Smile, you just got an-H in Future Interests!" John Batt Of SCA TE Forms Explained ' Late Grading Problem Clean Our Own House "Q" . are asked not to attempt to look at their evaluations uniil courses have been completed and grades turned in. Finally, the student should be assured that the forms -are not gathered just to let dust collect on them. Their use, in fact, is a direct result of a student pressure movement in the late sixties, endorsed by the faculty and now used by the administration in concert with faculty committees. We believe they are used judiciously and fairly. The new- form will provide better analyses of -the results in terms of correlations, total faculty teaching characteristics and so on. Some work .remains t6 be done on the computer programming of these operations. I hope this answers many of your questions. Allan Canfleld Pick Up Election Petitions • 2 Opinion Februaiy 8,1979 Prospective candidates should pick up a petition form at the SBA office. Forms will be available beginning Monday, January 29th. They must be returned no later than 5:00 P.M. on Friday, Februaryl6th. Candidates who wish to publish statements in The Opinion should be informed that the election-issue deadline is February 13th. Also, should a run-off election become necessary, it will be held on March 7th and Bth. SBA Election Committee �To the Editor... SBA Phone Abuse Committee Issues Amendment To Final Report The following letter was telephone listings of students in distributed to members of the the Law School's graduating Faculty-Student Relations Board classes of 1977, 1978, 1979, and on January 17, 1979. 1980. Our Committee issued its final report to the SBA Board and Law School community on November 2, 1978. That report included a complete list of unauthorized and bearBoard Member: unclaimed calls. The Committee also informed the Board that its As^ you know, during most of cross-match process had revealed 1977 and through early 1978, 16 instances where a destination individuals placed unauthorized number matched a current or phone calls on telephones funded former law student's home listing. by law students' student activity Finally, according to final figures, fees allocated to the Student Bar the Committee reported recovery Association. of over one thousand of the In the wake of this discovery, approximately thirteen hundred the Student Bar Association's misallqcated dollars. Board of Directors appointed a In line with Committee feeling, Phone Abuse Committee on April the SBA Board concluded at its 5, 1978. Committee members November 2, 1978 meeting that included Madeline Bernstein, Jim problems of capability and Maloy, Lewis Steele, Dwight authority precluded any further unilateral SBA Board inquiry. At Wells, and Dean Tom Headrick. In response to Committee the same time, and after requests, the SBA Board Committee consultation with the established a basic policy. Phone Dean on October 19, 1978, our abusers who reimbursed the SBA Committee suggested that further prior to April 17,1978 would not phone abuscr identification and be publicly identified and would the subsequent imposition of not be liable for sanctions in spite appropriate sanctions against such of their unauthorized behavior. identified phone abusers did fall The SBA would not, however, within the purview and abilities of protect individuals identified as the Faculty-Student Relations phone abusers after thatdate. Board. The SBA Board agreed and Our Committee tailored its at the November 2 meeting activities with these policy unanimously voted to send the guidelines in mind. We spent Committee's final report and much time and energy prior to match list to the FSRB for their April 17, 1978 working with action. Today, therefore, we are student organizations to identify unauthorized phone calls so that sending you an amended copy of as much as possible of the our final report as well as a copy students' squandered money of our match listings. The could be repaid. During the amendments include the number summer of 1978, one of us of times each destination was worked with both the New York called and the total amount billed Telephone Company and the for all calls to that destination. University's Student Accounts We ask that you receive thisOffice to determine the material and commit yourselves to destination of those unauthorized making an earnest effort to phone calls unclaimed after April identify and deal with individuals 17, 1978. Early this semester, who did in fact steal student another member cross-checked activity fees, yet continue to the destination list of unclaimed refuse to come forward. Further, phone numbers with the home we suggest that - * you communicate directly with the single parent company of the Rochester and Ohio Shoe Stores and inquire what connection those stores might have (or had) with any former or current law school student, you * discuss with each match-listed present or former law student the circumstances under which their residence received an unauthorized and unclaimed telephone call, and * you impose whatever sanctions you consider appropriate upon identification of students who placed unauthorized and unclaimed phone calls. In your determination of the appropriate sanctions for identified and recalcitrant phone abusers, bear in mind that the SBA Board does not and cannot condone students stealing from other students. The SBA Board will, therefore, support appropriate sanctions imposed on identified recalcitrant phone abusers. Finally, after you have concluded your investigation and deliberation, the SBA Board requests you report to it (1) the procedures used to identify actual recalcitrant phone abusers, (2) the number of phone abusers so identified, and (3) the sanctions imposed on identified phone abusers. Members of the SBA Board, especially those of us on its Phone Abuse Committee, are available This year, through the leadership of Tony Leavy as our president, the Student Bar Association saw something of a renaissance. It was no longer involved in a scandal, as it had been during the previous administration. It was more accessible, with all the board members holding office hours and almost always some board member in the office. Believe it or not, the Board actually accomplished things too, most importantly getting the voice of the student body heard. For these reasons, I am proud to have been a member of this board. However, the SBA still has a far way to go. One of the major problems faced by the Board is apathy, including that of the board members themselves. Much of this is due to the very structure of the organization itself. Directors don't do much because the organization really doesn't give them an opportunity to do more. Committees find all their work done by those with seniority or a loud enough voice to take the chairmanship at the term start. All the others have to hope that they personally get aggravated enough about an issue to make their own ground, often on their own. Those who don't do either become reduced to helpers and quorum-makers. Is it any wonder that so many people get disgusted every term and don't bother running again, or run but do nothing except hold a title when they win? This turnover is not healthy for the organization which ends up starting from scratch every time it holds an election. Some of this might require a change of the constitutional structure of the organization, but most ofitcould be done easily through a concerted effort on the part of the new board. This is why I am running for Vice-President in the election Madeline Bernstein lames Maloy Lewis Steele Dwight Wells Student Library Committee Responds To Proposed Ban On Non-Legal Usage To the Editor: I. The student members of the Library Committee would like to respond to J.R. Drexelius, jr.'s letter in the last issue of The Opinion. That letter criticized the presence of non-law students in "our" library. We suggest that restricted use of the library would not effectively solve the problems of overcrowding, noise and inaccessability to the copy machine. Such restrictions would also jeopardize the law school's position as part of this university. Mr. Drexelius should also be aware that there are a great number of law students who venture beyond the walls of the law library to make use of other libraries in the university system. We cannot expect to restrict the use of "our" library and still expect to be welcomed in other libraries on campus. We would like to suggest some less drastic remedies to library problems than those proposed by Mr. Drexelius. The problem of overcrowding seems to be particularly acute on weekends, especially on Sundays. One reason for this problem may have been that our library was previously the only one on campus opening early. This is no longer true. On Sundays, the Undergraduate Library now opens one hour earlier than the law library. Hopefully, this will help alleviate the problem. We also suggest that if overcrowding persists, the library could adopt a policy of restricting study areas for use only by law students. For example, we can employ the sign-up system for carrels, used during finals, on a permanent basis. Such a system is workable only if law students are considerate of one another. During finals, a number of law students signed up for carrels early in the morning and kept them all day even though they did not use the carrels for substantial periods of time. This practice monopolizes valuable study space in an admittedly - Vice Pres Candidate Suggests Reorganisation To the Editor: and willing to provide you with any additional data and background information you feel you may need. We look back with sadness and discomfort on our part in this process. Our experience tells us that your experience will be no less uncomfortable and no less disquieting. But, we feel strongly that joint SBA-FSRB action is necessary if we are to demonstrate that this Law School is committed to the development of legal ethics as much as it is concerned with the perfection of legal reasoning. being held at the end of this month. I am concerned about the roll that SBA has played, and' optimistic about the one that it could play. However, as long as the organization is as unstable as it now is, too much time gets wasted every year getting it going again. I'd like to see the student's voice be more than heard; I want to see it listened to. A responsive SBA can generate a responsive faculty. Let us divide the pie and get everyone who you want to represent you involved. This term I studied the positions, saw what was done in them, and thought about what could be done in them. As Vice-President I could be the intermediary in many instances: between the rest of the University and us, between the organizations funded by the law students and the general student body, between the student body and the faculty, and between the student body and their chosen representatives on the Board. I would like to see the schooldo more than they have for the handicapped students within it, instead of them having to try and do it all for themselves. I would like to see consistency in grading especially in the treatment of asterisks. I would also like to see the faculty living up to their self-imposed rule as to when grades should be posted; late gradiis unprofessional and a disservice to every one of us. Obviously I can't concentrate on all of these. However, with the SBA structure modified to heighten involvement of the Board members, and the student body as a whole, I won't have to. Therefore, this will be my main — goal. With interested and dedicated officers, we can keep the Board moving, and accelerate to a better and more jointly productive point. Help me do this. Let us work together. Thank you. overcrowded library. The noise problem presents different considerations. We can't agree with Mr. Drexelius' contention that the undergraduates are solely responsible for the noise problem. Many law students are the worst offenders. A possible solution is to develop a self-enforced regulatory system. Students would be responsible for asking persons making noise to hold it down. Too often, we gripe about the noise but don't do anything to stop it. We believe that non-taw students using the library would be reluctant to make noise if the law students themselves maintained a quiet atmosphere. A more drastic remedy might be to have library personnel enforce a "quiet" rule by asking noisemakers, law students and non-law students alike, to leave the library. However, it is questionable whether we really want library personnel acting as policemen, rather than providing other essential library services. Mr. Drexelius' final complaint concerns the use of the copy machines by students other than those in the law school. This problem will be partially alleviated by the scheduled addition of two new copy machines in the library. Also, an attempt is being made to install $.05 copy machines in all university libraries. The earliest this can happen is next fall, so be patient. A possible temporary solution would be to have one copy machine used only for copying non-circulating law library materials. This machine would be operated by library personnel, who would monitor the materials which are being copied. However, the feasibility of such an arrangement remains to be worked out. In conclusion, we do not believe, as Mr. Drexelius does, that the undergraduates are the sole source of our problems in the library. There are remedies that may be employed to correct our problems. The Library Committee welcomes student input regarding our suggestions. Feel free to contact the Committee. Mike Rosenthal February 8,1979 The StudentMembers of the Library Committee Opinion 3 �To The Editor .. . Law Revue Seeks Talent To the Editor: All faculty and students interested in performing or helping with the production of Law Revue 11, please be sure to contact Ted Donovan, box no. 302. This year the Law Revue promises to be a real winner. This assessment is based on the whirlwind success enjoyed last year by all persons involved, including the 400 spectators. Sign on! Allan Canfield Latest Attempt To Oust Q To: Faculty From: W.R. Greiner RE: Grading System You have received the agenda one written examination, we for the December 8, faculty ought to adopt a more positive meeting and the attached report and less punitive set of symbols from APPC. You have also and terms to describe what we are received the Dean's December 1, doing. Our present system gives a 1978 memos regarding blue books very high reward/recognition to but one of these were second-year and the grading system. Please 1 /7 to 1 /3 of thestudents in each students. The choice was hardest bring the latter to the meeting. At course; no reward/recognition to at this level. None of these the meeting I will introduce the 7/10 of the students in each applicants clearly stood out in the following resolutions for your course; and a rather severe sanction to 1/7 to 1/10 of the way that the first eleven had consideration. 1. That the faculty amend the students in each course. Since it appeared to us. Since most of these applicants were second-year official title and designation of appears to me that the majority of students, their academic records the grade Q, by substituting the students who receive Q's do good could not help us as much as we symbol "G" and the term "Good" solid sensible work, I would like would have liked. The final five for the symbol "Q" and the term our symbolism to reflect that. Since the D is a marginally passing were chosen on the following "Qualified." 2. That the faculty amend the grade (and always has been at this grounds: No. 1. Very good first year official title and designation of school) I would like our record (3 H's, H in Legal Writing) the grade D, by substituting the symbolism to reflect that. These and two very strong unsolicited symbol "P" and the term "Pass" modest amendments would give a recommendations from faculty for the symbol "D" and the term positive bias to the grading system, and I think we ought to with whom he had worked on "Unsatisfactory." 3. That subject to the err on the side of moderation so research projects. No. 2. Very good first year preceding amendments, the long as we base most of our grades record (3 H's, H in Legal Writing); faculty endorse the continuation primarily on the single sit down law office experience, and of our- present grading and examination. The resolution regarding the research experience with a faculty academic eligibility standards, and that the preceding amendments letter of evaluation and asterisk is member. No. 3. Very good first year are not intended to make any an attempt, perhaps vain, to record (3 H's, H in Legal Writing); change in the implementation by remind us of and get us to teaching experience; joint degree the faculty of our present grading implement one of the best ideas in our 1969-1970 grading reforms, candidate in American Studies; system. 4. That the faculty reaffirms its but one which we have almost unusual life experiences (military support for the use of favorable totally ignored. I will also move service and employment). No. 4. Good first year (2 H's, letters of evaluation and the use that we discuss the resolutions H in Legal Writing); advanced of the asterisk to afford notice and the APPC report in degree; four years teaching high that such letters have been filed, committee of the whole, but that school English; law office and that the discussion of these we postpone the final deliberation experience; teaches writing items in the December 1, 1978 on them until our February part-time on an LSAT preparation memorandum from the Dean faculty meeting. That will give us represents an accurate statement and our students ample time to course. think about and respond to the No. 5. Very good first year (4 of faculty policy. My reason for suggesting the resolutions and the APPC report. H's, H in Legal Writing); law amendments is a belief that in a Editor's note: This gradeproposal office experience. evaluation system in was overwhelmingly defeated at grading the last choice was the Making hardest. In so doing, we closed which we use only 3 grades and in the Faculty meeting on February out a third-year student, and S which most grades are based on 2. second-year students, largely on the judgement that they did not demonstrate quite as high a level of achievement, experience, and/or maturity as the five we chose. These were very close calls, but represented a best estimate on To the Editor: Because I think I have been a our part. As to the 5 second-year relatively good President and Although I do not believe I students in this group, they should consider applying again have the time I think it is because I hope to be a good 3rd year director I am asking all ofmy next year. Like the cadre of necessary to continue as SBA disappointed finalists from last President, I do want to continue fellow 2nd year students to vote for me. year, whom we appointed this my involvement in SBA. I year, we believe they have the therefore have decided to run for Tony Leavy potential to be effective in the 3rd year director. program, but we felt that they would benefit from another year of experience. (In one case, we also were concerned that the applicant intended to continue in an outside employment. Our The gent who wakes up and finds experience with the second-year Law Review people last year himself a success hasn't been asleep. suggested to us that this would Wilson Mizner not be compatible with-the demands of the program.) WANTED: Law Revue founder John Sim son (I) and his alter-ego Ralph J. Stairsteps (r), to perform in this year's gig. Selection Process For TA's Revealed MemoTo: Tom Headrick From: Bill Greinerand Milton Kaplan RE: SelectionProcess For Legal Writing Instructors 1. Notice of the job opening was posted at various places in O'Brian, and with the Placement Office. 2. Applicants were instructed to leave a resume and writing sample in the PlacementOffice. 3. Placement Office assembled the application and copies of each applicants permanent record card, and delivered them to Kaplan's office after the closing date for applications. About 50 applications were received. 4. Greiner and Kaplan jointly reviewed each application. Based on last year's experience, we decided to give preference to third-year students, but without foreclosing appointments to especially-well-qualified second-year students. Our check list for selecting applicants for appointment or interview included: a) Law school grades; b) Grade in Legal Research and Writing; c) Grades in other writing courses; d) Teaching experience; c) Law office experience; f) Participation in Law Review, MootCourt or BLP; g) Any other unusual experience tending to demonstrate candidate's maturity and capacity for hard work, quality writing, and working well as a teacher of first-year students. 5. The initial screening produced seven candidates whom we determined to appoint immediately, and three candidates whom we thought should be seriously considered, if, in our judgement, their other commitments would not interfere with their work in the legal writing program. Of the first seven, one was an instructor last year, five were applicants who had been seriously considered in the selection process last year, and one was a student with a solid background in teaching, an excellent record both in law school in a special law school research program, and in a clerkship with. Professor Magavern's law firm. Each of the 4 Opinion 5 second-time applicants had compiled a distinguished academic record; had demonstrated excellence in a writing related extra-curricular activity (e.g. Moot Court), and had acquired additional legal experience since last year. The next three in the group of ten had compiled good to excellent academic records in the first two years; had good legal experience from summer jobs or part-time employment; and had distinguished themselves in extracurricular work in the law school, i.e., Moot Court and Law Review. We conferred with them regarding the time, commitment required, and satisfied ourselves that they would be able to meet the demands of the Writing Program. We decided to hold the decision on the last three until after we held interviews with the candidates. Each of the ten students identified in this initial screening is a third-year student. 6. During the initial review we also selected 17 applicants for interviews. Two of these applicants were third-year students, fifteen were second-year students. (After we sent the interview notices, an applicant we had passed over requested that we reconsider her file. We did, and decided that she should be added to the list to be interviewed.) Most of these eighteen students were interviewed on Saturday, November 11, and the rest were interviewed early the next week. After completion of the Saturday interviews, we added one third-year student to the list of appointments, and withheld the decision on the others until the following week. 7. Five of the second-year students we interviewed withdrew from further consideration early the next week. Each of them is on Law Review. They were advised by the Editors not to attempt the work in the Research and Writing Program. We then invited one more third-year applicant to interview, and determined to appoint her along with the three other third-year students on whom we had withheld decision (see 5 above). 8. That left us with the task of selecting six applicants from the remaining pool of applicants. All Februaiy 8,1979 Pres Runs For Director Quote of the Bi-Week — �• \ ' . ■ ■ ■ . i ■' ■ -1 ~~ ■ ■ ■ i~-" t '. STUDEMTS |V ; •■ Save $205 and More! 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' _^ February 8,1979 _» Opinion 5 �Culinary Counsel Seafood: An Alternative To Meat And Potatoes 6 tablespoons milk combined with 6 tablespoons cold water 2 egg whites 1 pound of large shrimp, shelled and dc-veined Baked Filet of Fish Pilaf/from Marianne Suozzi The shrimp tempura is great when To serve fo\irjyou will need: accompanied by this rice dish. 2 pounds fish filet V 4cup scallions finely chopped, 4 tablespoons butter including the green tops 1 large garlic clove (more if the pour cup mushrooms finely batter, the fine To Vi like), chopped prepare you chopped parsely, sesame seeds, salt and flour into a large mixing bowl, make a well in the center and add 3 tablespoons butter pepper to taste. T cup rice the egg yolk, beer and salt. Stir 2H cups chicken broth the ingredients together until they Preheat the oven to 350 are mixed well, then gradually Saute the scallions in butter degrees. Melt the butter in a small pour in the combined milk and until until soft. Add the uncooked rice continue to stir water, and saute and saucepan, add the garlic and brown lightly. Then add the for a few minutes. P|ace the fish the batter is smooth. by Paul Suozzi For a lighter texture, let the mushrooms and saute a minute or in a shallow baking pan. Brush generously with butter and garlic. batter rest at room temperature two more. Turn into a casserole though it with the chicken broth and bake In recent years, more and more Sprinkle with parsely, salt, pepper for at least 30 minutes, used at once. In either in 350 degree oven about 45 may Bake for 25 be and sesame seeds. people have become concerned whites until minutes, stirring once or twice. case, the egg with lemon beat with the amount of meat they minutes. Serve consume, especially red meat. Though rich in protein, red meat also has a high colestero! content, which marty people wish to avoid for health reasons. Some, however, fear they will not get enough protein if they cut out meat. Well, as most non-meateaters know, there are many foods which are high in protein and also low in colesterol. Seafood is prominent among those foods, and it also happens to be among the most delicious. Growing up on Long Island Sound, I was exposed to the procurement of seafood at an early age. Fishing has been one of my favorite pastimes for years, and I've tried clam digging on a number of occasions (though it is often more work than play). Of course, one may forego the thrills of catching supper and still enjoy the harvest by stopping at a local seafood store, or supermarket with a fresh fish counter. In any event, you are sure to enjoy the fruits of the sea, as they are good tasting, and conveniently nutritious and low in calories. Baked or broiled filet of fish is one of the easiest dishes you can prepare that is both quick and satisfying. Flounder, sole, cod, haddock and perch are among the many varieties which can be prepared this way, and it only takes about an hour to do so. they form unwavering peaks on wedges. Broiled fish is prepared the same way except you broil for about 10-15 minutes, depending on the thickness of the fish. I have found baked filet to be more tender than broiled, though broiled is a bit quicker. In either case, while the fish is cooking you have time to prepare some rice and a salad or vegetable, so you have a complete meal in about 45 minutes. Shrimp Tempura On an occasion when you have more time and money you might try this recipe. (Fresh shrimp are about $7.50 a pound, but they are delicious. Try frozen if fresh is By the way, filet may appear prohibitive.) To serve four you to be expensive in price per pound will need: when compared to meat, but it is actually cheaper than you think. Batter: 1 cup flour Fish filet has no fat which adds to 1 egg yolk weight and then melts away in cooking, so you need to buy less 4 tablespoons beer Va teaspoon salt per serving. Papa Paun's Manhattan Style the beater when it is lifted from Clam Chowder the bowl. Then gently fold them submitted by his son Jerry into the batter. Heat 4 to 5 inches of oil or This is a full and hearty clam shortening in a deep fat fryer to a chowder that can serve as a meal temperature of 375 degrees (or in itself if served with good Italian use a wok and get it hot!). Preheat bread and a salad if you like. The the oven to 250 degrees and line a ingredients are as follows: large shallow roasting pan with 1 stalk celery paper towels. Wash the shrimp under cold running water and pat dry, with paper towels. Drop two or three shrimp at a time into the batter, and, when they are well coated, plunge them into the hot oil. Fry for a few minutes until light golden brown, turning occasionally with a spoon to prevent them from sticking together or to the pan. (It is a good idea to keep the batter cold and the oil very hot, and only cook a few at a time so the oil stays hot. This will prevent them from getting greasy.) Place the cooked ,ones in the oven so they stay hrat while you cook the others. 1 very large onion 1 very small green pepper 2 carrots 1 qt. water 2 large potatoes 1 16 oz. can of whole tomatoes 2 or 3 6V2 oz. cans of chopped clams % tbs. thyme salt & pepper to taste Chop the celery, onion, green pepper, and carrots and sautee them in oil or butter for 10 minutes adding salt and pepper. After the vegies have sauteed for 10 minutes add 1 qt. of water and allow to cook for another 45 minutes. While this stock is cooking, dice the 2 potatoes and open the can of tomatoes. I recommend using tomatoes packed in puree because I add the puree to the soup for extra tomato flavor. After the stock has cooked for 45 minutes, add the diced potatoes and the tomatoes with the puree to the soup, ripping the tomatoes into bite-sized pieces as you add them. After about 10 minutes more (be sure the potatoes are almost done) add the clams with their juice and V* tbs. of thyme. Allow the soup to cook for another 5 minutes adding more salt and pepper to suit your taste. The soup is complete. Enjoy. (Makes about 3 qts. of soup). Of course this is only a very small sample of the creative and delicious ways to prepare seafood. Hopefully after reading this you will be prompted to share some of your favorite seafood recipes with us. Just drop them off in the envelope outside the Opinion office, room 623. BITCHTICKETS 65. 12/7/78 COMPLAINT: What can be done to better organize cases and points? Also, some appear to be missing. RESPONSE: Cases and points are a problem for the library because we lack sufficient storage space and manpower to deal with the collection. We receive boxes of cases and points from all the departments but they are selective, we don't receive every case record from the Ist and 2nd departments. Last year we were completely out of storage space on the 7th floor. This fall, with the return of the economic collection to — 6 Opinion Lockwood, we gained a few empty shelves. We decided to try and begin processing the cases and points as they came in. One of the problems we had encountered before, in trying to find the correct official cite for the case, was that we had to search among sources and'then ended up waiting until the cite appeared in a digest or -index. This often took months. Now we are merely arranging them ir order as they come in, stamping them with a number and typing up case name cards which will be filed alphabetically. However, even this simple process is taking up.a great deal of time. February 8,1979 We have looked into the and virtually empty. It's 12:30 of microfilming the PM on a Sunday and I can't get a collection, but the cost is carrel or conference room to prohibitively expensive. study in. I am a law student. I We realize that the cases and have to get here at the crack of points are a valuableresearch tool dawn on the weekends to assume fojour students, and we are trying myself a place to study. The to make them as accessible as materials I need are not available possible. Most of the cases and elsewhere. I find that same need points can be obtained (at a price) ■ difficult to believe of the from other libraries, so if you undergraduate population. During can't find a case on the 7th floor, the semester it's bad enough, but ask a reference librarian to help during exams it's impossible. I just you find a library that would have don't think it's fair why the case. segregate the libraries? Why not 66. 12/21/78 just throw the law books in with COMPLAINT: The the mcd school books or English undergraduate library on the or Bio? Amherst Campus. is now open, RESPONSE: We had hoped possibility - that the new UGL would attract undergrads, but our library has a reputation as a quiet study place, and that is what draws the undergrads. ■ In addition, we have extended notably on our library's hours Sunday we open at noon when every other library opens at 7 ~ while other libraries have cutback on their hours. While we sympathize with you we cannot throw undergrads out. We have discouraged their use of the library with carrel sign out and limits on xeroxing, but until they discover other quiet areas, we will probably still have a lot of undergrads studying here. — �Short Relief Try Picking Sides In The "Business" of Sports flesh to the highest bidder proves one thing to me sport was not meant to be business. It can't be a natural relationship simply because of what it does to the people involved. this All bargaining can really bring out the worst qualities in the people involved. (I for one will never believe the McDonald's people when they assure me that "we do it all for you" because I heard the comments made by McDonald's owner, Ray Kroc during the Catfish Hunter negotiations four years ago. Mr. Kroc, who also happens to own the San Diego Padres, not only refused to buy Catfish, a pitcher his team needed badly, but also managed to insult just about everybody concerned with the deal. If Padres fans really believed what Mr. Kroc's commercials said and felt that they "were the ones" it would be normal for them to think that the team would come across with the cash to put themself in the running for something. Which ,£ll makes you believe maybe there really are worms in Big Macs.) Although there isn't an owner out there who won't tell the public that he wouldn't do anything to get a winning team for the city that has done so much for him, many owners have an attitude similar to that of Mr. FCroc. They don't like to part with much money for a player (I am sure thay all have dreams of retdrning to the days when a Mickey Mantle would come crawling out of the mines of Oklahoma into their waiting arms, easily convinced that a cash bonus of $5,000 was a small fortune) but they are also in the business for a profit (although they maintain consistently, almost in one voice, that they are losing money every year). Although they see the game as big business, they can't tolerate the same attitude in their players. And, if the players haven't already been convinced - by Maria Colavito Every year about this time the American public is treated to the spectacle of sport as business. It happens in every sport witness the World Football League debacle of several years back when dozens of star talents jumped ship for the sake of big money (which turned out to be like jumping a rescue ship for a spot on the Titanic), and the O.J. Simpson (will he go west?) drama. Baseball of course is no stranger to the horror of watching grown men reduce themselves to the level of being merely so many pounds of muscle and RBI power for the sake of attracting the highest bidder. Thfe season the biggest (or at least the most publicized) catches were Pete Rose and Rod Carew. Rose has already gotten what he considers his moneys worth for himself, and by the time this column is printed Carew will probably be settled \i\ California with his agent running himself ragged trying to invest all his client's new found wealth. The sale of talent is certainly not a new concept and it happens at all levels of American business life. But seldom is it conducted with so much fanfare and publicity as it is in sport. Apart from setting back the cause of human dignity a hundred years or so, all this auctioning of human — that sport pays off and is big business today, there are a dozen or so commission-hungry agents who are ready, willing and able to remind them. Ceitain commonly used words in the English language also suffer a severe strain during these exercises of sport as business. The most commonly abused word seems to be l "pride" which can have completely' different meanings depending upon whether the person using the word signs the salary checks or cashes them. The recent exchange between Rod Carew and George Steinbrenner is a case in point. Never let it be said that George Steinbrenner was above buying and paying big for talent for his team. After all this is the man who, if he hadn't had so much faith in his attorney, probably would have bought someone to stand in for him in his illegal February is a boring month. Always has been and probably always will be. Exhilaration and excitement over the holidays has passed. Pressure and tension from finals is gone. Time to s(|art a new year has begun. But, what has usually been something to look forward to in January, February, and the cold winter months is not here. It is something that makes each week to be looked forward to something people can get excited something people canabout - care about. That something college basketball. - is big-time Nostalgically, I look back to days at Duke when the basketball game was the highlight of the week, and that was before Duke basketball became the power it is today. It figures I was there for five years of mediocre basketball, and the year after I leave they go to the national NCAA finals. But, whether it be at Duke, my Siena, Boston, Illinois, or UCLA, the game becomes the focal point around which a university of very disparate interests can gather it draws people together, adds a sense of excitement to the University, and focuses publicity and attention on the school. In addition, basketball as football are money-producing revenue sports whose funds not only provide for the self-sufficiency of the program, but provide funds for other non-revenue producing sports and extensive intramural programs which are to the benefit of everyone. New York State is one of the very few state school systems in the country which does not have a — major collegiate sports program. It's really a shame that a state which produces such fine athletes for other schools, cannot have a state university program of which it can be proud. For those who have ever had the opportunity to be part of a major athletic program, it's unbelievably fun and exciting. - Law Review To Hold Info Meeting All first year students interested in becoming members of the Buffalo Law Review and all first and second year students interested in summer 1979 Sea Grant Fellowships are invited to attend the informational meeting to be held Thursday, February 15 at 3:30 in room 106. The Buffalo Law Review is published quarterly. Members are responsible for completing one scholarly casenote or comment. There are also opportunities to do editing and publication work. Members are selected on the basis of a writing competition and first year grades. The selection process weighs both grades and the writing competition equally. The writing competition opens in mid-February and closes ten days after the last spring final. Only first year students are eligible to compete. The Sea Grant Fellowship provides a full-time summer employment opportunity for both first and second year students. Sea Grant Fellows work on articles dealing with legal issues pertaining to the Coastal Zone. Completed Sea Grant articles are published in the Buffalo Law Review whether or not Sea Grant Fellows are chosen to be members of-the Law Review. The Fellowship carries a stipend of approximately one thousand to fourteen hundred dollars. There are ten to. twelve Fellowships available for the summer of 1979.. -Sea Grant Fellows are selected on the basis of the Law Review competition paper and first semester grades (Ist, 2nd and 3rd semester grades for second year students). Sea Grant competition papers must be completed by April 16th. All those interested are invited to attend the Feb. 15 meeting. Summer Law Courses Offered Abroad Paris, France July 1 through August 11. Courses vary in length from 10 to 40 days. Paris focuses on international and comparative law; London on international business problems; Oxford on Anglo-American and Socialist law; and Guadalajara on law of the Americas. The faculty includes John Kaplan of Stanford, Detlev Vagts of Harvard, Dominique Carreau The game is not simply 10 and Cyrille David of Paris, James persons on a court trying to Fawcelt, President of the outscore each other. It's the filling European Commission of Human up of a stadium 60 minutes before Rights. Courses include Comparative game time, with pep bands and bluegrass bands, of cheerleaders and people screaming and stomping their feet. Of a fieldhouse, where emotions and support of The results of the something can be given. Of spotlights being thrown on a commencement questionnaire player as his name is introduced in have been tallied and Artpark will the darkened stadium, and the be the site of the ceremonies thunderous chant of a crowd which will take place Saturday, yelling "Dee-fense'V May 26. Artpark was chosen over In contrast to the pros, the Kleinhans by an overwhelming players are your classmates, trie three to one margin (94 to 32). guy in the dorm next door, The questionnaire was friends and acquaintances. At a.University which is split prompted by the concern of into two remotely connected several students whose parents are unfinished campuses, we could Orthodox )ews. Artpark had been use something to inject some the original choice, but it could spirit, some life into this place. only be reserved on Saturday, the Something thai will draw us Jewish Sabbath, when Orthodox together as one something that Jews are forbidden to travel. The we can be proud of and cheer for. students were understandably upset because their parents would And maybe, February not be able to attend the ceremony. wouldn't be so boring. The University of San Diego is accepting applications from lawyers and law students for its summer seminars in Guadalajara, Mexico, July 1 through August 2, London and Oxford, England, and Basketball, Boredom And Bodies by Jay Marlin contributions charge. career, this could mean a lot in But the Yankees don't really terms of financial security. But of need Carew. Cris Chambliss is a , course, it came out sounding like good steady first baseman and the old Yankee, pride Carew although he did suffer at the plate should be proud to live and work last season he is still one of the in a city that produced the team more dependable that brought you Ruth, Gehrig, stable, ballplayers in New York (where DiMaggio and Mantle, etc. And the value of stability is very while all of us fans can be easily inflated). *Maybe knowing this convinced of such an argument made George Steinbrenner a little (after all we'd give anything to less tolerant towards Carew's have Steinbrenner ask us to play), demands. All in all, Carew didn't a player like Carew has his think he was being treated fairly personal pride, and it tells him but Steinbrenner thought 'he that if he is going to be the should be less demanding because drawing card that fills the stadium after all he was going to get a with people who are going to buy chance to play in New York. food and souvenirs, come in cars Steinbrenner thought Carew that pay for parking, and help the should have fallen all over himself team raise the cost of its TV and for the opportunity to wear radio time, pride demands that pinstripes. What George probably the owner be fair and send some meant was that New York is of that money trickling down thy where the advertising and the player's way. press exposure is, and that to a See what I mean? It's all very player at Carew's stage in his strange. Law, International Human Rights, International Business Transactions, Soviet Law, and a wide variety of Comparative courses in areas of Administrative Law, Antitrust, Arbitration, Business Organizations, Constitutional Law, Contracts, Environmental and Energy Law, Criminal Law and Procedure, Estate Planning, Insurance, Land Use Planning, Tax and Torts. For further information, write: Dean Herbert Lazerow, Law School, U. of San Diego, Alcala Park, San Diego, CA 92110 U.S.A. Seniors Choose Artpark For 1979 Commencement — The questionnaire was distributed to third year students before a New York Practice class, and they were asked to state their preference for location of the event, whether they wanted to wear caps and gowns, whether they wanted class pictures taken and who they would like as a commencement speaker. The vote was for caps and gowns (72 to 49) and for class pictures (88 to 31). The number of different persons suggested for commencement speaker is too exhaustive to print here, and as yet, no clear choice has surfaced. Prominent among those suggested were Bella Abzug, Louis Lefkowitz, Billy Carter and Steve Martin. February 8,1979 Opinion 7 �Perspectives photos by micliael Shapiro 8 Opinion February 8,1979 �President's Corner Pres Leavy's Last Hurrah also had excellent representation at Faculty meetings. In addition, we had a special presentation at one of our SBA board meetings at which all the student reps from the various committees met with the Dean and the Board to express their opinions on the structure and functioning of the Faculty/Student committee system. I thought it would be appropriate for my last column both to review what I think have been some of the major accomplishments of the SBA in the last six months and also to indicate what I think the SBA should be doing this Spring and next year. Grade Referendum Holding the grade referendum was one of our best accomplishments. We prepared students for the vote by distributing hundreds of copies of an APPC analysis, posting and putting on library reserve information and by having two very successful open meetings with the faculty and administrators. Our work resulted in a record voter turnout and, after tabulating the results, we made presentations at several APPC meetings and a faculty meeting explaining the student SBA Attitude The SBA is now an open, accessible organization in that we have regular office hours, we post notices, agendas of our board meetings and the minutes from preferences. those meetings. We have also ended the bitterness and Late Grades devisiveness that plagued last Our many meetings with the year's Board. Dean, an official resolution to the faculty and a presentation to a Faculty/StudentCommittees faculty meeting expressing our The SBA appointments dissatisfaction with late grades is committee worked extremely more than has ever been done to hard in finding and interviewing pressure faculty members to hand students for the various in their grades on time. Faculty /Student Committees and as a result we came up with some Affirmative Action By appointing students excellent students who were concerned, interested and willing sympathetic to affirmative action to work. Most of the committees, to the Admissions, Appointments i.e. Appointments, Admissions, and Minority Student Affairs Minority Student Affairs, Committees the SBA went on Academic Policy and Planning, record supporting affirmative Academic Standing and Library, action and has gone a long way to have been working very hard and influence the school's acceptance have been dealing with important of qualified minority students and issues affecting students. We have faculty. In addition, students active in affirmative action and administrators working in the area made Board presentations and we passed an official resolution supporting a TA/GA position for minority student affairs. Social Events We held two beer and wine parties, a champagne party for Professor Laufer, a morning coffee and doughnuts and we are running the school's basketball tournament. Iranian "Unmasks" Unconstitutional Law External Affairs We are now being invited to the monthly meetings of the Alumni Association, we have discussed mutual interests with the undergraduate and graduate student associations and have by Mike Buskus begun investigating the possibility of joining the student lobby group A California penal statute SASU. Notwithstanding these making it a misdemeanor to accomplishments the SBA can and appear in public wearing a mask should do a lot more on most of for the purpose of concealing one's identity was recently these issues. declared unconstitutional. In Ghafari v. Municipal Court, 250 SBA Committees The organization of the SBA Cal.Rptr. 813 (Ct-App. 1978), the committees needs to be reviewed Court of Appeal for the First to determine whether a different District ruled that Penal Code structure would better serve the §6 50a was unconstitutionally students. We, at least, need overbroad and violative of equal committees to deal with two very protection. The law was challenged by an important issues which we either have very little input in or none at Iranian student who was arrested all, i.e. an SBA Promotion and in 1976 for peacefully picketing Tenure Committee and an the Iranian Consulate in San Admissions and Records Francisco while wearing a Committee. Generally we need to "mask." The "mask" consisted of reach out to get a lot more people holding several paper leaflets involved in all the SBA between his face, and eyeglasses. committees. We also need to Several weeks after the Ghafari rewrite our Constitution and incident, several fellow protestors bylaws to better reflect the were arrested under similar present board policy and existing circumstances. The charges were brought to practices. the municipal court for the city and county of San Francisco. —continued on page twelve Demurrers by the defendantswere overruled. An appeal to the Superior Court to obtain a writ of prohibition to stop the prosecution was unsuccessful. Appeal to the Court of Appeal recommendation on the followed. The American Civil Liberties of Professor appointment Union represented Ghafariand his Abramovsky to the faculty. The issue as this author sees it co-appellants. The text of Penal Code §650 is the process of faculty the makes it a misdemeanor for "any appointment, especially criteria by which a potential person, either alone or in company with others, to appear faculty member is evaluated. The criteria include the law on any street or highway, or in school from which the candidate other public places or any place graduated, the level of academic open to view by the general achievement attained at that public, with his face partially or and completely concealed by means of publications school, professional development. A a mask or other regalia or serious effort is made to judge the paraphernalia, with intent thereby person's future potential in their to conceal his identity." That same law also extends a specialized field of law. No one, exemption to persons limited body, the student would including deny the importance of the wearing such a mask "in good factors mentioned above. What is faith for the purposes of clearly lacking is any serious amusement, entertainment or in consideration of a person's ability complaince with any public health to teach and relate to students. order." This statute, the We constantly hear in law school of the courts' use of balancing in constitutionality of which has their decision making process. The never been previously discussed in administration and faculty have any reported decision, was not utilized balancing when originally enacted in 1923. Justice Feinberg, writing for considering faculty appointments. They should begin with Professor the California court, found that Abramovsky. He could bring to the statute precluded anonymity UB law school the ideal blend of for persons exercising protected those qualities identified by rights of speech, peaceful students as very important in their assembly, and free association. quest for a meaningful legal The court determined that the rights were linked by a protective education. Appointment Criteria Questioned by Dwight Wells The departure of Professor Ron Allen for lowa left many of those interested in criminal law uncertain about their future. Many doubted the law school's commitment to the study of criminal law. A few years ago the law school had a criminal justice program but departing staff had reduced the program to a minimum number of courses last minute taught by replacements. In the Fall of 1978,enrollment in criminal procedure I was, as usual, quite high. Many students take criminal procedure I as a bar preparation course. As students returned to school they were concerned with the question: Who is teaching criminal Procedure I? The answer given by thosewho knew was Professor Abramovsky. The problem with the answer was that knowing a name did not tell the students anything. Few if any knew who Professor Abramovsky was. The first criminal procedure class met on Friday, September 1. Students discovered that the class was being held on Friday because Abramovskf taught at Pace Law School and worked in the New York City area. He flew to Buffalo on Friday to teach at the law school. They also discovered he was a UB Law School graduate and had taught at the University ofToledo Law School. Most important, as the semester developed, students found Professor Abramovsky to be a lawyer with extensive trial an; appellate experience, which he combined with the ability to teach. Even though the class was Professor (90-100) large Abramovsky had the talent to involve the class both individually and collectively. His love of teaching was evident as he routinely student provoked discussions of the issue under study in a style that would be useful in the practice of law. He was able to.combine the theory of the law with its practice. It became known mid-semester that Professor Abramovsky was interested in joining the faculty of the law school. The nature of Professor Allen's leave of absence left a decision on an appoints "<t somewhat in limbo. In January, it appeared there would be a faculty position open in the criminal law area. , On 7 January 2?x the' Appointment Committee decided not to decideThey would make no ... ~ . , - a nexus. The court reasoned that any legitimate governmental interest supporting the mask statute would have to be framed in the least restrictive manner possible. On that ground, it was found that instead of being narrowly tailored to fit an appropriate end, the statute swept overbroadly into the area of protected speech and association. The court emphasized that in striking down this provision of the Penal Law, municipalities were not without means to handle crowds and prevent disturbances. A full panoplay of prohibitions against riot, unlawful assembly,' disturbing the peace, as well as obstruction of thoroughfares still filled the state's arsenal of prosecution statutes. An alternative ground of decision was that the statute was imperm issibly vague. The amusement and entertainment exception of the statute afforded no guidelines to police to assure evenhanded enforcement of the law. The court's rhetorical comment captures this defect in the statute: "Consider, for example, that if Aristophanes' Lysistrata had been performed in ■ a public square during the years of Vietnam, in the classical Greek manner, in masks, but worn for the purpose of disguise, under section 650a, both masked players and police would have had the insuperable burden of determining where the antic muse stopped and political protest began before deciding whether the masks were being worn lawfully." Furthermore, the court noted that a literal interpretation of the statute would surely lead to absurd results: "| C]elebrities wishing to conceal their identity from autograph seekers and the general public are committing a public offense if they don large hats and/or sunglasses for this purpose." The absurdity of this statute speaks for itself. Fortunately, the Court in Ghafari recognized the situation for what it clearly was: a blatant' attempt at political persecution. Had there been any disturbance of the peace or threat to public order, the authorities could have booked Ghafari on such charges. No such violations were ever alleged. This decision should easily withstand further scrutiny by either the California Supreme Court or the United States Supreme Court Febnmy 8,1979 Opinion 9 �Late Grading Problem Taken To Higher Court by Jay Marlin Indicating a refusal to accept further delay, the Student Bar Association in a major shift in strategy has decided to go outside the law school and seek help from University officials to force the law school faculty to submit its grades on time. Specifically, the SBA approved letters being sent to Dr. Ronald F. Bunn, Vice President for Academic Affairs and Dr. Gilbert Moore, University Dean for the Division of Graduate and Professional Education. Noting that more than a sufficient grace period has passed since the January 19 faculty self-imposed deadline, SBA President Tony Leavy said at the January 30 SBA meeting, "The problem of submitting grades on time has been a festering sore that has been growing larger and larger. It's time that the sore was lanced." As of the January 30th meeting of the SBA, the following professors had not yet submitted their grades: Schlegel, Breger, Priest, Katz, Joyce, Albert, Hyman, Abramovsky, Birzon, Kochery, Leary, Zimmerman, Spanogle, Magavern, and Greiner. "Dean Headrick be tolerated." 'This is a problem that has plagued the law school for a number of years, and it has been getting worse. Despite its efforts, the law school administration has been unable to get the faculty to perform its professional duties." The letter concluded, "Therefore, we seek the help of your office in this matter. We ask you to please inform us of what actions your office plans on taking against those professors whose conduct is demeaning to all professors and to this law school." At the same time the letters were being sent to Vice President Bunn and Dean Moore, the SBA sent out a letter to each professor whose grades had not been submitted by last Tuesday's seems powerless in this situation," said Leavy. "He's tried, but they simply don't pay attention to him." In the letters, dated January 30, the SBA said, "We are submitting this letter to you because of our deep concern over the late submitting of grades by certain professors in the law school." "As reflected by the concern expressed by the Dean, by the majority of faculty members, and meeting. by common professional The letter informed the responsibility, the action/of this professors of the SBA action, in minority of the facility are addition to notifying them that harmful to the students, the SBA planned to publish the unprofessional, and can no longer names of those professors who were "delinquent" in submitting their grades. The letter to the faculty members further stated, "Further delay in the turning in of your grades is unprofessional, harmful to the students, and simply cannot be tolerated. It is our hope that you will realize the seriousness of our attitude and purpose, and join with the majority of your colleagues in fulfilling their professional responsibility." "This is a very serious problem that has been allowed to continue for too long," said Leavy in describing why theSBA took such drastic action. "Our feeling is that it's time the faculty either accepted their self-imposed grading deadline of four weeks after the last final exam or changed it to a policy that they would abide by." As recently as December 1978, Dean Headrick sent a memo to the faculty indicating the seriousness of the problem and urging the faculty members to abide by the grading deadline which the faculty accepted at a March 1967 meeting. Also, at a December 1978 faculty meeting an SBA resolution dealing with the problem was presented and this too urged the faculty to avoid the late grading problems of the past several years. Intensive and heated discussion ensued among the faculty members as to their responsibilities and obligations in this matter, with several of the faculty members openly criticizing their colleagues for their lackadaisical attitude towards grading. Leavy made clear that if there were extraordinary circumstances where the grades of a course could not be submitted on time, then such delay might be understood if they were communicated to the students via the bulletin boards in the 2nd floor mailroom. A Mythical Fable The Death by Bob Siegel , . -michael Shapiro Where Have Reps Been? Name Officers 9/26 Tony Leavy Cathy Kaman Charmaine Bissell Present Present Present* Present* Excused N.M. Present Present Present Absent Present* Present* Present Present Present* Absent Present* Present* Present Present Present Excused Excused Present Present Present Excused Present JeffLicker Jim Maloy Present* Present Present Present Excused Present Present Present* N.M. N.M. Present Excused Present Absent Present Absent Absent Present Present Excused Excused Excused Excused Present Present Present* Present Absent Absent Present* Present Excused Excused Excused Absent Present Present Excused Present Absent Excused Present Excused Present* Present Present* Present Present* Absent Present Present Present Present Present Excused Present Present* Excused Present Present Excused Excused Excused Present* Present Present Absent Gladys LaForge Lewis Steele Dwight Wells Present Present Present Present* Present Present* Absent Present Present Present Excused Present* Present Excused Present Present Present Present Present Present Present Present Present Present Present Present Present Present* Excused Present Present Present Present Present Present Absent Present Absent Present Absent Present Present Absent Present Present Present I.Ted Donovan 10/12 11/2 (Third Year) John Batt Tom Bender Madeline Bernstein Claude Joerg (Second Year) Bonnie Cohen Debbie Humphrey Sherman Kerner 11/13 11/30 1/19 Absent 1/30 (First Year) Dave Guy (ay Martin Jay Mintzer Mike Rosen thai Michelle Silver Leslie Wolffe Present Present Present Present Present Absent Present Present Present Present Excused Present Present* means that the person either arrived late or left early because of other meetings, classes, employment, or SBA basketball. N.M. means not a member. 10 Opinion February 8, 1979 Of A Tort "tail" in Ortanian.) So Naught assembled a handful of his ONCE UPON A TIME on the planet best men and set out on his perilous Won-el there existed a tiny village known mission to slay the dragon Torta. He as Orta. The inhabitants of the village, the traveled over hill and dale and beyond the Orians, always had a lot to do but never rising sun. And as they traveled the band did it even though they knew that they sung a tune to keep alive their hopes and "oughta." Their golden rule was, "Never spirits: Beyond the valleys and thru the trees, do today what you can do tomorrow and never do tomorrow what you can do next Over the mountains and across the seas, week." Now since the Ortans didn't We'll travel onward until we slaughter, accomplish anything (though they always That evil Being known as Torta. had a lot to do), their leader, thePrince of And onward they went, traversing the Procrastination, was known as Naught, land, not knowing if they were being meaning "nothing." So was existence in watched, not knowing who was in Orta, day after day- and year after year. command. Suddenly they heard an Nothing of importance would ever get awesome roar and'knew they had met their done. But then one day that all changed enemy. Torta swooped down from the and became part of history. towering skies, his flames setting theforest One morning as Prince Naught was ablaze. Naught and his men felt the minding Orta's fort, a brilliant beam of tremendous blast of heat and took shelter light from afar caught his eye. And Naught in a nearby cave in order to prepare watched it intensely. One moment it was at themselves for battle. And then the battle the edge of the horizon and then all of a began. On and on for months it lasted. The sudden Naught and the beam were flames could be seen from miles around. face-to-face. But the beam was no longer And then a silence fell upon the forest. an inanimate ray of light. It had Torta had been defeated; Torta was dead. transformed itself into the shape of a man. And the people rejoiced. Naught was given It had become the great diety Duit. Torta's tail as a remembrance of his mighty Now everyone in Orta knew what the victory. (Everyone knows that a dragon sudden appearance of Duit meant. loses his trail when he dies. So Torta had Something needed to be done! They had lost his "a" and now he was simply a Tort. been saying that they "oughta" for too The people now had the courage to talk long. It would be difficult and dangerous, about the dead dragon. "Tort was evil and possibly devastating and disastrous, but vicious," they cried. "Tort was a wrong!" something different would indeed be Then they celebrated their new-found required of them now. sense of accomplishment and partied for Fear and anxiety caused Naught's mind many a night. to race as he tried to contemplate what But now the Village of Orta was Duit had in store. So he sat still and unfairly named. It was no longer proper for pondered his dilemma until Duit decided them to be stigmatized with the label to speak. "oughta." They no longer "oughta" do "Naught, son of Mort, and Prince of the something because they had done it. They land called Orta, I command you to were doers! And Naught' presented the venture out beyond the confines of Orta to town with the dragon's tail to symbolize its defeat Torta, the fiery dragon of the East." incredible achievement. So the town put Now Naught, who was, wet with sweat the "a" in front of the "Orta" and from and pale with fear, pleaded with the great then on the town was known as "Aorta"; Duit for a change of assignment. But Duit meaning the heart, the beat, the pulse, the simply replied: "Do it," and vanished from life, the power! They were now a proud sight and this was quite sufficient. Naught people. They had succeeded and would knew that he must go. He knew that he never have to worry about Tort again. must set out on a journey, not to return to Since this is a fable, there should be a Orta until the successful completion of his moral: a lesson to be learned. So just task. Torta must die. (Point of remember, "Do as your Orta, not as your information: "a", pronounced "ah", means Torta." �I Pass Rotes Ara Dpi HHJUHiI B: Pciss RsAp Ms Upl ., "5: .' 1 ■■■ 1 ■ ■r-. ''- - , Br. Hr WF | , . Mlf .. H - ' Hrv; • : -•■ • - •' • .'. ■;■'■■ ■' ■- ' ■■■'■ -,- .■ ■. ■:; ■' '' ■■'■. ':• di .■ pass •■ ■■ • ■•-.'. & ' # rate, and at many New.York schools we had a^^pass peroentage in the low 90s or high 80s. ':- (PC" \ .',■',. ■-■ ■'■■•/:■>■*;.;^'^y4 ~„.,., ■ combined. ■ percentage was higher than the state :■ 't " ..:■■:■ '' ■. .' • / ■' ■'' ■ '"^^ ■ . Jir [hpfifihrt The New Yoric and Muttistate Expert .. ■■. ;: ..- - ' ■ ■ - ; f> .-■■ Thus while some bar reviews claim astronomically high percentages each year, there is only one pass rate you can trust-the State Rate. And as BAR/BRI enrollments have climbed, the State Rate has climbed with it. ■ ,; :■ ■■.-■'•*'■ 4 •'-j■ ■•'"'■?•': ■ :_V^;-. ■-1 ■ ' '' ' As BAR/BRI enrollments have climbed, the state pass percentage has increased. We don't claim "cause-and-*jffect," but wo know we must be doing:' :; something rigbtf [ '\ *. Last summer, New York's pass rate was one ofthe highest ever. And more than half those who passed were BAR/BRI enrollees. BAR/BRI trained more than 2300 persons, more thanall other bar review courses :' BAR/BRl's overall ~ ; . *'■ J J '■.'■. "*■ - ' & ' :,"■■( 1" ■■ ■■ " ; •'' * B»^B^BJBJBSBJB«B^B«BB«B^iSJB«B«B|B«BBBSMBB»S«B^BBBaBBJBlBlS«iB««BSBlBBS^^ February 8,1979 Opinion 11 �B BU. LUES Moot Court Occupied With Tax Competition Uu>uj by Tim Cashmore Buffalo in the competition. The Moot Court Board is also sponsoring teams m~flve other inter-school competitions. Two teams Ann Evanko and Tom Black and Jeff Licker and Larry Kerman will travel to the University of North Carolina at Charlotte for that law school's Constitutional Law competition. Ted Firetog and Karen Mathews competed in the Niagara International Law Competition in Cleveland the first weekend in The 1979 Albert R. Mugel Tax Competition, which will be held March 30 and 31, is the next major project of the Buffalo Moot' Court Board. The Board's Mugel committee is currently sending invitations to tax specialists and members of the local bar to act as judges for the preliminary and final oral rounds. Twenty teams from law schools throughout the Northeast and Midwest have February. Mike Buskus and Claude Joerg already" filled the field of will participate in the Irving R. competitors. The problem, which was Kaufman Securities Competition written by Professor Kenneth at Fordham University. Tom Joyce, revolves around issues Bremer and Madeline Bernstein covered in Tax 11. Last year's are preparing for the Paterfts Mugel winner, Brooklyn Law Competition in New York. Jerry School, will return to defend its Paun and Ann Pfeiffer will argue tie. Third-year student JoAnn in the trial technique competition iould and second-year student sponsored by the Pittsburgh Trial \nn Bermingham will represent Lawyers' Association. - Research Computer Available —continued frompage one is its cost. While Mead leases these computers to law schools at preferential rates (in 1976 Mead would facilitate incorporation of this device into the libraries of small law firms. The content of this article was based largely on, several journal articles and a series of videotapes produced by Mead Data Central. Readers looking for more detailed information should consult: Sprowl, Computer-Assisted An Analysis of Legal Research full-Text Document Retrieval Systems, Particularly the LEXIS System, / Am. Bar Dound Research J. 175 (1976). Dee & Kessler, The Impact of Computerized Methods on Legal Research Courses: A Survey of LEXIS Experiences and Some Probable Effects of WESTLAW, 69 Law Library J. 164 (1976). Halladay, Legal Research with WESTLAW, 61 A.B.A.J. indicate when the researcher is on the right track and to facilitate charged the Ohio law schools changes in research strategy when $1500 per month for unlimited appropriate. curriculum-related research during Various written instructional time-restricted periods), law firms materials, such as the looseleaf using LEXIS are assessed fees for "LEXIS Desk Book," are every search request, depending supplemented by individualized upon how long the search takes. instruction sessions with librarians Most law firms pass on this cost to or LEXIS salespeople. clients by means of special billings The availability of specialized from Mead which itemize use "libraries" including securities law charges by client and file number. and tax law offers special It has been speculated that advantages to these practitioners. LEXIS or other "full text" For example, LEXIS has complete computer systems could files of SEC "no action" letters, eventually supplant book an essential reference tool for collections for some libraries. securities lawyers. Other special Because LEXIS contains the advantages of LEXIS include its entire text of reported decisions use as a very up-to-date plus printing capability, small Shepardizer and the ability to libraries with limited shelf space, quickly amass citations to every and restricted acquisition budgets 1414(1975). Neth, Computerized Legal case decided by a particular judge. might prefer to lease a LEXIS The single most significant terminal. Furthermore the ability Research in theLaw Schools: The restriction limiting the to directly pass the cost of such Case Western Reserve Experience, proliferation of LEXIS terminals research on to individual clients 28 /. ofLegal Ed 553(1977). —' - - - - HOFSTRA r3P LA VV Of> V T f*\ f\ T \^, JLJ. \J VII j, C>«-t«*M/.* OUlfltner COURSES CREDITS Conflict of Laws 3 Criminal Procedure I 3 Debtor Creditor 3 Evidence 4 Family Law Individual Income Tax PrOgraifl LanTuse^nnhi Secured Transactions -_- 11-AUGUST 3 4 3 3 24 Business Organizations For further information write or call (516)560-3636 j. _T ; Commercial Paper Communications Law Health Law Labor Law Products Liability Wills, Trusts & Estates HOFSTRAS UNIVERSITY 12 Opinion February 8,1979 4 3 3 3 3 3 4 SCHOOIOfIAW HEMPSTEAO. NEW YORK 11550 —continued from page nine Faculty /Student Committees We need better communication between the SBA Board, the student members of the various committees and the student body. Since many of the committees only exist on paper or are both poorly organized and poorly run, structural changes should be made or these committees should be abolished. We also need increased student representation on some of the committees, such as the Appointments Committee. ■ ... continue to look into tne possibility of joining SASU and we should begin lobbying for student concerns in Albany and Washington. In addition, we must increase and formalize our relationships with the other SUNY Buffalo student organizations and we must have better contacts with the alumni association. Newsletter A bi-weekly SBA newsletter could keep everyone much better informed of SBA activities. - Grading System The faculty is still under Admissions , pressure to change our present We must involve students in grading system and they will, in recruiting by telephoning and all likelihood, discuss the issue at writing accepted applicants. We one of their next meetings. We also should be ready to invite have to continue representing the accepted applicants to come tp student view as it was expressed in the school so that we could show the grade referendum. them around and give them a Affirmative Action We must continue to vigorously support proposals which will result in the admission of more minority students and the appointment of minority faculty members. We should also support such ideas as the proposed grant for a minority student affairs coordinator and such organizations as BALSA, PRALSA and the ad hoc affirmative action committee. SUMMER SESSION II JULY President's Corner Late Grades We must continue to use all legitimate means to maintain pressure on the faculty so they will follow their self-imposed deadline of getting their grades in 4 weeksafter the last exam. SIONI — student perspective of law school. Placement We must insure that the efforts of the placement office are directed toward helping all law students find the best possible summer and permanent positions. Summer Pretence We need students to represent us over the summer in all the very important issues which affect us, i.e. discretionary admissions, Fall course offerings, facujty appointments. We should also be more involved in Freshman orientation. f Public InterestLaw We should consider the possibility of funding one or two public interest law jobs for Social Events and Student Life We need more social events of students who want to do this kind all kinds, i.e. parties and other of work over the summer or events such as. a bowling during the school year. tournament, baseball games, etc. Notwithstanding our funding, we We should also have an organized should investigate other sources of schedule of these events. We cottld funding for this kind of work. get to know each other better if we pursued ideas such as a Awards We should do something on a social/information drop-in-center and weekly get togethers with the formal basis to acknowledge faculty, administrators and staff. faculty, administrators and staff who contribute more than is External Affairs required to make us better Our modest efforts have just students and better prospective begun in this field. We should lawyers. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-02-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/8/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8fb46d8838276a57ac76f853f3bb27fc.pdf 170d840233d8a34dc3ca559915505857 PDF Text Text Bakke Case Muddles Affirmative Action Programs by Shelly Mayer U.S.C.A., and U.C. Davis. At U.C.L.A., a white male As a result of the Supreme applicant was rejected. He sued, Court's decision in Regents of the he claiming should be considered University of California vs. Bakke, law schools throughout the within the framework of the Special Admissions Program. He country have revised their forwarded Equal Protection affirmative action plans. Due to also and Title VII claims. The the ambiguity of the decision and j California Supreme Court granted the lack of unanimity among the to Justices, many professional "thCL.A.'s motion dismiss. At U.C. Davis, the California schools feel confused and uncertain as to the legal security Supreme Court temporarily enjoined the affirmative action of their various programs. The' threat of lawsuits has plan on 14th amendment, Equal blossomed into reality in several Protection grounds. instances. Lawsuits by white male In a different type of lawsuit at students against law schools to Wayne State' University Law which they were denied admission ! School, minority students and have been initiated against the organizations, as well as individual University of North Carolina, ; attorneys, have sued the school ,' _H ''< Non-profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 seeking a preliminary injunction against the new admissions policy. This policy, recently adopted at a closed faculty meeting, makes no provision for student representation. The plan calls for two pools: 75% of the applicants to be judged on traditional criteria, and 25% to be judged on the basis of four factors, one of which is race. At this time, no decision has been reached. Law schools seem to be reacting with ambivalence to the post-Bakke situation. On the one hand, they are required under federal law to develop affirmative action plans and policies, and such plans are generally developed and kept alive by strong pressures from minority organizations. On the other hand, law schools fear another Bakke and therefore want to obfuscate their plans as much as possible. The sincerity and commitment of university officials in the area of affirmative action is frequently questionable, and this may be another reason for the failure to clearly articulate policies. At Buffalo, associate dean, William Greiner has indicated he feels the Bakke decision has no influence on present policy, since the Supreme Court held that race could be a factor in the admissions process. As Buffalo has no racial quota, there is no similarity to the situation in Opinion Volume 19, Numßfer 9 State University of New York at Buffalo School of Law Bakke. Presently, the Ad Hoc Committee for Affirmative Action at the law school is preparing a report on the program at Buffalo, and related issues regarding minority presence in the law school. In the next Opinion there will be discussion of specific changes in the Affirmative Action plans at several schools. Included will be Newark, Harvard, and Rutgers the University of Pennsylvania Law School. Material for this article and the following one is based on the Newsletter of the Affirmative Action Coordinating Center, a coalition of the National Conference of Black Layers, the Center for Constitutional Rights and the National Lawyers Guild. — Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 February 22, 1979 Placement Office Poses Alternate Legal Jobs by Jay Marl in Noting that the "job market is becoming flooded," Alan Carrel, director of placement, recently announced the Placement Office has begun stressing alternative careers for those who are unsure of their desire to practice law. "The job market is tightening to some extent because. law schools have been expanding and new law schools have been opening," said Carrel. This view was echoed by Audrey Koscielniak, associate director of placement, who said, "It is getting more competitive if you are looking towards a traditional field, such as working in a law firm." On a positive note, Carrel, who is a UB law school graduate, said, "Despite the tightening job market, we'll do well as the reputation of this law school grows, and as we place students in different markets and areas of the country." According to figures supplied by the Placement Office to the Opinion, only Vi to 1/3 ofUB law school .graduates practice in Western New York and Buffalo, which until recently was where 90% of the graduates ended up practicing. "Normally about 20-25% of the class get jobs before they graduate from law school. By the time they've taken the bar, 90% of the students have jobs. It can be a scary period for a student. We're trying to increase those figures so more people have jobs before they graduate. Already, this year close to 20% of the seniors have obtained employment. And, there are probably persons who have gotten jobs that we don't know about," noted Carrel. Regarding alternative careers, Carrel maintained that law graduates can have just as successful a career, where their law backgrounds are very helpful, even though they are not practicing law. Careers mentioned by the placement head were banking, public accounting, and top management in large corporations. To meet this challenge in the job market, the Placement Office plans on having several career days regarding non-traditional areas, with representatives from banking, accounting, insurance, Dr. Ronald F. Bunn, Vice President for Academic Affairs - Korotkin (The Spectrum) UB Administration Expresses Concern For Profs' Late Grades real estate, and other careers available to talk to students. As far as the traditional career by |ay Marlin of practicing law, Koscielniak said there has been an increase in the Labeling the late submitting of number and quality of firms that grades by law professors as "a Buffalo graduates are getting jobs serious problem that is in. "There's no question," said unfortunately not unique to UB Koscielniak, "that our students Law School," Dr. Ronald F. are better received today than Bunn, Vice President for ever before." Academic Affairs, has begun an Carrel said that between inquiry into the grading practices September and April at thelaw school. Bunn indicated it would be approximately 45 interviewers would visit the Placement Office. "premature" to talk about any While principally attracting firms action coming out of his, office to from Buffalo and Western New deal with the recurring problem York, the law. school has hosted until a "careful review" of the interviewers from several of the situation had been made. "The expression of concern district attorney offices in New York City, and firms from that I received from the SBA is Rochester, Syracuse, Pittsburgh, one that I have to take seriously. I've talked to Dean Headrick and even as far away as Alaska. Regarding income levels for once, and I'll be talking to him Buffalo grads once they get their again to get more details and first job, Carrel pointed out that it information' about the problem," was very difficult to make an said Bunn, who said that he was accurate statement for every concerned that a minority of individual, but that the salary faculty members find it range was between "impossible" to get their grades in $10,000-$31,000, with smaller on time. In response to some criticism firms in Buffalo paying $10,000-$12,000 and with top of the SBA for going outside of governmental jobs ranging around the law school to seek aid, Bunn -continued on page eight said, "I think we're all part of this University, and while it is best if each school can solve its own problems, we do often share common problems. I see no reason why any school should be placed in a separate category outside of the University.". As of Tuesday, February 13, the number of outstanding major course grades had been reduced to three, with Professors Schlegel, Joyce and Breger's grades still not submitted. "In a way," said Dean Headrick, "they all .have valid explanations. Professor Breger has had a serious illness in his family; Professor Schlegel is under a deadline for a manuscript that is important to him for tenure; and Professor Joyce has his usual large number of examinations." "It's hard to say whether the response this semester has been better or worse than in previous ones. We seem to have the same number of people who are recidivists when it comes to turning in grades," said the Dean, who indicated he has come under some "fire" for his memo to the faculty inquiring when their grades would be turned in. As far as the SBA going outside the law school on the late grade fssue, the Dean, reflecting for a second before he answered, said, "I guess I share their frustration." "Or. Bunn is sympathetic to my concerns. He recognizes that the particular nature oflaw school grading and exams extenuate the circumstances of a problem that happens all over. But, he's concerned with this problem as is President Ketter," said Headrick. Looking back at the SBA action, Dean Headrick accepted the view that to an extent it was a "slight"" to the law school administration, but he expressed more concern as to the decision-making process which led the SBA to take the action it did. "Students should pay more attention to the question of whether the action they're planning will do them any good will it help them achieve their goal? They must weigh the possible disadvantages, and I'm not sure that in this case they did so," said the Dean. As to what will happen in the future regarding late grades, Dean —continued on page eight — �Vol. 19, No. 9 Feb. 22, 1979 Editor-in-Chief Jason Poliner Inadequacies In Photocopying Cited Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Letters To The Editor To the Editor: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Shelly Mayer Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo The new library photocopy machine was supposed to arrive in mid-February. However, there has apparently been a delay in the approval process which the State uses for all such requests. In order to help facilitate the speedy approval of the request for the new copier, the student members of the Faculty-Student Library Committee have sent the attached letter to Mr. Saktidas Roy, Director of University Libraries. Dear Mr. Roy: The student members of the Law School Library Committee wish to advise you of the inadequacy of the photocopying facilities currently servicing the law library. Currently, only one copying machine is operating in the law library. This machine must handle the large volume of material copied every day by the law students. In addition, the machine is used by many other members of the university community and the Improvement In Sight To the Editor: by Mr. Drexelius and another public, who either prefer the cheap cost of the law school machine over the other university copying machines, or who must use the law library machine as part of law-related research. The waiting lines for using the copying machine are often intolerably long. Frequent machine breakdowns seriously hamper the work of the law students. We strongly urge you to support our efforts to have at least one more copying machine installed in the law library. The high volume of materials copied, and the limited financial resources of many students argue against any increase in the copying costs as an alternate solution to the problem. Further, the possibility of limiting use of the machine to law students js, of course, unthinkable. We need a second machine. Thank you for your attention to this matter. We are looking forward to hearing from you student from the Law School. Let This has reference to the letter me assure you that we are taking written by Mr. J.R. Drexelius, Jr. measures to alleviate this problem. published in your paper on I will be able to inform you of the January 25 concerning the use of actions being taken in this regard the Law Library by non-law within the next two weeks. students. Professor Wade We sincerely regret the soon. Newhouse, Director of the Law inconvenience being faced by the Library, has already given me a Law students and hope our copy of Mr. Drexelius's letter. measures when implemented will Please note that the whole matter considerably improve the Tuesday and Wednesday law students will go to the polls is receiving our serious attention. situation. to elect new members of the Student Bar Association, the We have already discussed this Saktidas Roy, Director law student government. Many members of the present problem at a student group of University Libraries board are serving as a result of a special election held in meeting on January 24, attended September 1978. This special election was prompted by the mass resignation of the prior administration. In 1978, three Editorial SBA Office Demands A Serious Commitment • out of four members of the Executive Board (all but the Vice President, Cathy Kaman) resigned. This mass of resignations should be called to mind as another election approaches. In order for the SB A to be effective it is crucial it consist of genuinely concerned students. Students willing to give of their time and energy, not merely willing to litter our school with their good name. We believe the present SBX administration has done much to revitalize student interest and curb student apathy. Those seeking office should recognize there is a moral commitment to serve a full year. Breach of that commitment does a great disservice to the student body. Students are around for a short period of time. In that time they must learn quickly the best means of advancing the student position. Elections followed by resignations destroy the necessary continuity and serve to quiet the student voice. Opinion hopes all law students get out and vote in these elections. Take the time to learn about the candidates and why they feel they are best suited for the job. After you hear their opinion, register your own. R & W Instructors; It's Who You Know To the Editor: I, for one, must take exception to the recent memo reprinted in the February 8 issue of Opinion wherein Professors Greiner and Kaplan attempted to justify the selection process for research and writing instructors. While I believe Professors Greiner and Kaplan were fortunate in choosing a number of talented individuals, I sincerely doubt that such a detailed process, as was described, could ever yield anything except confusion. It clearly appears that the instructors were chosen, and then reasons supporting their selection were developed so as to "justify" the entire process to the stti t—»Z_! jm - amy 2 .<. » ■==_ 5= |_ 1-Jrfj-Ar-"i AT __!_ Opinion __0b JL*e /o frlcano February 22, 1979 __: L_* law school community. What concerns me most is the fact that no set process was employed in hiring these instructors who earn in excess of $1,200 for their semester's work. While all applicants were supposedly instructed to leave a resume and writing sample in the Placement Office, some instructors quite easily may have been selected without even meeting this minimal effort. For those who did comply with the resume/writing sample demand, no established procedures for interviewing and hiring were ever set forth. So while many applicants assumed they were in competition for 1 of 17 places, a number of these positions were Marlin Gets Endorsement To the Editor: _ The student members of the Library Comm. ]. TedDonovan # Richard Ciskal Judy Gische Howard Lipman Stephen Silverstein As second and third year members of the SBA, we would like to give our wholehearted endorsement to Jay Marlin for the position of SBA Vice-president. As a first year director, Jay has proven himself to be very active within the organization, having particularly put a large amount of time in dealing with the late grade problem. It was Jay who drafted the resolutions which were presented to the faculty and it was Jay who drafted the letters to the faculty and to the University administrators. In addition, Jay has been an active member of the Social and Finance Committees, along with being a representative on the Faculty-Student Relations Board. Always present at the meetings until their conclusion, no matter how late they lasted, jay has the good political sense and breadth of political and media experience which we feel is needed in the organization. As Vice President, ~we feel Jay has not only the activist political orientation that the organization needs, but the willingness to translate that into political action, whether that be in the area of alumni relations, faculty selection, admissions policies, or dealing with a host of other areas. We urge all students, and particularly our fellow second and third year students who might not know him that well to vote on election day for Jay Marlin. Tony Leavy G.C. LaForge Sherman Kerner Cathy Kaman Madeline Bernstein Lewis Steele Chairmaine Blssell filled in ways which failed to adhere to any of the supposedly set procedures. Some instructors chosen "were applicants who had been seriously considered" in the past. (Presumeably, they hadn't "measured up" then but now they needed no interview.) Another "was a student wi^h a solid background in teaching (and) an excellent record ..." A third year applicant was invited by Professors Greiner and Kaplan to interview for the position afterall other interviews had been conducted. And still others have admitted to being approached because of their contacts with either Professor Greiner or Professor Kaplan in the classroom. Of course, others who have not been students in either of these professors' classes were at a severe disadvantage before they even applied for the job. I believe the team of Greiner and Kaplan has been extremely successful in hiring many talented people to teach the important legal research and writing classes. In the future, however, I would like to see the selection process become more open and above board right from the very start. That way everyone involved will know what he or she is up against right from the outset. Additionally, I would suggest that all applicants be notified as to the filial decision on their candidacy at the same time. It seems only fair to let each person know the outcome of his or her application at the same time. This year, it created much concern, hardship, and needless worrying when those who had been selected were notified several days before those who were not selected. Name withheldupon request �To The Editor .. . Second Year Director \ Kaman Seeks Directorship; Still Much To Be Done To theEditor: The Student Bar Association has made great strides during my two-year tenure on the board. In two year's time, the organization has evolved from a stagnant, argumentative body into a group board as a third year director. Mike Wiseman R.M. Elardo which now deals effectively and Your vote will enable me to lohn Binseel efficiently withlmportant student continue working for all students concerns and law school during the next 15 months. Thank" problems. you. I believe the board is now a unified, active organization with a Cathy E. Kaman To the Editor: numberof accomplishments it can Just a short letter to remind all students to vote in the SBA elections next Tuesday and Wednesday, February 27 and 28 and to ask each second year, student to thoughtfully consider To theEditor: Library and Mitchell Lecture, as my continuing desire to work for well as through my work on the us as an SBA Boardmember. Tony Leavy's right. An active, On February 27 and 28 I will Law Revue shows. I want very be running for re-election as much to keep representing you energetic, and united SBA Board Secretary of the Student Bar and helping to complete the and student body have Association. I believe that I have revitalization of the Student Bar accomplished much in the short served the students well, as a First Association which began this fall. space of a single semester. Year Director, and this past year Therefore, I ask for your support Honesty has been returned to as Secretary. In addition to my in the election, and your advice student organization's telephone expenditures. Your student work as an SBA Officer, I have and counsel in the coming year. government is more open, more tried to serve the needs of the accessible, and more accountable. students and the law school on Ted Donovan J. A sizeable number of several committees, including the student-faculty committees are operating with a greater appreciation of their potential roles. The student vote in support of the HQDF grading scheme played To the Editor: look at our posters. Each day a a significant role in the initial different one will appear. It will APPC recommendation and your effort to check subsequent faculty vote to retain First of all, we are not in it for that grading system. Faculty the money. We are running them out. members are more aware vof collectively as a demonstration of one hundred flowers student concerns over individual the party spirit. We got tired of lewis rose faculty member's lax and lazy the traditional school campaign*. melanie pierson attitude toward the quick grading All we really want to do in this arthurhall of examinations and papers. letter is to get you to read to the michael Wiseman The* student representatives on end, remember our names, and Sec. Pursues Reelection Remember Our Names Unity There Is Strength" To the Editor: The Student Bar Association has proved this year that it can be effective. I am a first year director, and I have seen the SBA work for students' concerns. Our concern about a possible change in the grading system, the perpetual problem with late grades, and our dissatisfaction with the faculty selection criteria has been vocal and unified. Our unity is what is important. We are able to make the administration take notice of our views on the issues that concern us most directly. I helped coordinate the grade referendum this fall. We had the highest student turnout ever for a vote such as this. The student turnout two weeks ago to discuss faculty selection criteria and Professor Abramovsky was tremendous. The students at UB Law School care about what is going on here, and the SBA has made forums available for students to express their opinions. As a candidate for President of the SBA I would like to make sure this concern and action continues. Many issues have yet to be resolved, and others have yet to be challenged. Many grades are still out. Our effectiveness on faculty-student committees is questionable. We need greater communication with the faculty and the administration. Our meeting with the faculty last Monday to find out exactly what the selection criteria are is representative of the kind of approach I would like to take. I believe we can approach these issues in a logical progressive manner. I believe we should stress emphatically that we will not let any issue drop until we feel we have made our views and suggestions known. I would like to establish a liaison committee with the Placement office. All law students need to be made aware of the services and opportunities available to them through this office. I'd like to have the SBA keep an eye on the situation in the library. The problem of undergraduate overcrowding in the library should be alleviated now that the other libraries have started opening earlier. I hope the solution is as simple as this. If our effectivenss on faculty-student committees is limited, then perhaps we should form adjunct committees of our own, and take our recommendations to the faculty at large, rather than work within their committee structure. What is important is that the student body maintain the level of interest and concern about issues affecting the law school community they have shown this year. Only when we can present a unified' stand can we hope the administration will sit up and take notice of our actions. The cliche is trite but true in unity there is strength, and the administration will find it much more difficult to ignore resolutions and recommendations supported by the entire student body. To maintain the effective leadership the SBA Board has shown this year, we must maintain some continuity. I have been involved in all the major issues we have dealt with this year, as well as some of the day to day business. I would like to contribute to the SBA and the law school by remaining on the SBA Board as President for 1979-1980. I can provide the leadership the SBA requires, and I ask you to vote for me in the upcoming SBA elections. ... Leslie Wolffe mike HP'S* Terr j Rahill Ron Zarowitz Paul fcraelson Restructure Law School "Community" Wolffe: "In - busk point to with pride. Because there is still much to be done and because I believe my two years of experience in dealing with problems and concerns will be helpful in getting things done, I am again seeking a position on the the admissions committee are working to insure a greater number of minority applicants, acceptees, and enrollees. The SBA has strongly supported and encouraged the ad hoc strategy to improve the law school's ability to obtain, maintain, and retain minority students and faculty members. Tony's also correct when he points out that all of us can and should do more in each of these areas as well as in numerous others, so that students will be fully involved and considered in the planning for, development and implementation of the law school's policies and procedures. More specifically, and from my own perspective, now is an appropriate time for the law school to re-evaluate its range of curricular offerings, its traditional mode of instruction, and its present practice of determining grades. Are we satisfied with the existing curricular offerings? Is it sensible and accurate to measure one's understanding of legal theory and practice by a single test? More fundamentally, we should consider realigning our existing SBA and student style which is geared to individual (albeit important) issues, to a focus on the general principle that the law school ought to be a vibrant community of individuals (students and faculty) working, thinking, learning, and speaking together; a community characterized by a mutual understanding of, and respect for each other's values, concerns, ideas and perspectives; a community characterized by a general sharing of authority, responsibility and obligation. Such a community would provide the most efficient mechanism to bring forth an educational institution capable of developing within all of us, a sharper and clearer understanding of ourselves, our work, and each other. Such should be the focus of our community for such understandings provide us with the basis to build legal systems and to assess legal institutions. It is all too clear that such a community does not now exist. Note the generally insignificant role student-faculty committees play in the development and implementation of law school policies and programs; the absence of significant faculty presence and contribution at student sponsored forums and discussions; and the expansive gap between students' legitimate expectations of influence and the faculty's sharing of responsibility over, the development of law school policy and the administration of initial appointment and continuing tenure decisions. The absence of such a community here is understandably explained and not easily changed. To different degrees, all of us are comfortable in our traditional roles. And, to different degrees, all fear the uncertainty and transitional anomie naturally coming from a realignment of existing hierarchical relationships. Nevertheless, if the law school is to take advantage of its potential for growth, simulation, development, and strength, it becomes important for us to work toward the establishment of such a community and with it, the realignment of existing roles. Won't you help? ; ■ Lewis Steele Secretary Donovan Finds Strong Support On SBA To the Editor: We believe that Ted Donovan has done an excellent job as SBA Secretary and deserves to be re-elected in the February 27-28th elections. Ted has contributed as much as anyone has in opening up the SBA to the student body. ■He consistently posted notices of meetings, agendas and minutes so everyone would know what the SBA. was doing. In addition, he has done other things such as putting up the SBA sign outside our door, putting a typewriter in the library and working on getting us copy machines and change machines. Ted has also been actively involved in- the Library, Mitchell-Lecture and Distinguished Visitors Forum Committees and he is presently organizing Law Revue 11. We urge everyone to vote for him. February 22,1979 Tony Leavy MadelineBernstein John Batt Tom Bender Jay Marlin Gladys LaForge CharmaineBlsselt Dwight Wells " ShermanKerner Lewis Steele Opinion 3 �Third Year Director Vice President To the Editor... Treas. Bis sell Announces Her Bid For Reelection To the Editor: I have shown a steady jay Marlin Mike Ray Rosenthal Powers Carol Gardner commitment to this school and its students since I have been here. I was a first year SBA director during the 1977-78 school year, student representative to the Academic Policy and Planning Committee for two years, member of the Distinguished Visitors Forum (DVF),' and student Tony Leavy Lewis Steele Cliff Barry representative to the Minority mike buskus Student Program Committee. As your SBA treasurer, I preside over the finance committee, which determines money allotments to student organizations. It also To the Editor: Ultimately, the problem is news that make headlines, but it is the very important stuff that goes institutional. approves minor budget changes and supervises DVF activities. What student shock tactics can on in the background. Having been very involved as a While SBA has made a good My accomplishments this year first year director in the do is to jolt the system out of its include developing a new SBA fee formulation of the SBA policy complacency and force those in effort to have an influence on the waiver form, straightening out the regarding late grades, and as a charge to deal with real student decision-making process, much "random" selection process used member of the Social and Finance gripes. In a sense it's working more has to be done. Input is one to assign students to classes (the Committees, along with the within the system and it is classic thing we have, but what we need system was biased against out of politics. One need only look at is more output, meaning Faculty-Student Relations Board, state law students), and it was I I am announcing my candidacy the most recent example: influence. Included among these issues who suggested the highly today for Vice President of the Proposition 13. For years, people successful bowling tournament. had been complaining about high are the criteria for the selection of Student Bar Association. I hope that I will'be able to Student governments are funny property taxes, yet nothing was faculty members, the importance continue my services to the creations. Whether it be on the really done about it until the of seeking a more geographically school. I hope that the student high school, college, or law school voters took a fairly radical and ethnically diverse student body will give me a vote of level, active student governments measure (and if you don't think it body, and dealing with the confidence to the work I am attempt to accomplish things on was radical you should have heard continual problem of late grades. doing by re-electing me to the behalf of their constituents with Jerry Brown before the vote), We should also seek a solution office of SBA treasurer. largely mythical powers (we called voted overwhelmingly for it and to the overuse of the library by them ,paper tigers in Torts), in caused every politician to take non-law students during exam CharmaineBissell conjunction with, sometimes notice and to deal with it. period, and insure (as they did in SBA Treasurer working with, and often fighting But, this jolt has to be part of a the mcd school), thai never again with administrators and faculty two step process, because jolts to will we have such a late and who know that sooner or later the system are for naught unless absurd spring break. (Mcd School (and usually sooner), student they can be followed up with voted to change theirs to the energies will expend themselves or some constructive and immediate middle of March.)7 ■ Besides being the foci for the troublesome students will implementation of reforms that simply graduate. will be institutionalized and last student input into the beyond the" immediate cause of decision-making process, the SBA Time is always on their side.So, student governments try to outrage. has a special responsibility to sometimes This is a unique law school. foster a better social atmosphere accomplish ends To the Editor: Located in the western tundra of and this it should continue to do guidance and increased with more success than others I would like to take this communication between faculty by alternating cajoling, logically New York State, sequestered in by its parties and special events. We often forget we're part of a opportunity to introduce myself and students. arguing, and occasionally our own self-contained building to the members of the first year Likewise, I would like to sec threatening to mobolize the (except for the unavoidable visits greater University setting. It to Norton cafeteria) we have an would be to our benefit to class and ask your support. ! am the functioning of the "student body." Sometimes, trying to work intimacy among students, faculty, establish links with administrators running for the position of second Committees be as active as year director. I realize many of possible, making much use of the through the system turns us into and administrators that I think is outside the law school and you do not know me, but I look diversity of talents among the acquiescent head nodders rare in a University setting. student organizations outside the forward to meeting you and students through their direct always trying to be fair, always Go up to the third floor and law school, including SASU, the representing you because I feel participation. Particularly in areas trying to give administrators and the doors to Wallin's, Canfield's, Student Association of the State the people here and the diversity directly affecting the students, faculty the benefit of the doubt. and even the Dean's office are University. that they bring with them to law such as Admissions and Records, We don't want to be unfair or usually wide open. If you have a I would like to see the External school is one of the best parts of Budgeting, Library, Promotion imprudent. We want to appear to gripe, you can get it across Affairs Committee, of which the/ immediately. This openness is to Vice President is chairman, do this school. and Tenure, the input of the be responsible. The SBA, I feel, has been students is critical. Besides Working through the system be appreciated. In my short stay this. The Committee should also active and effective this year and I establishing active committees, often means, "if you agree with here I have found many of the would like to help continue this however, we must provide for us, we will letyou participate, but faculty to have that same open seek to establish stronger ties they may not agree, between the alumni and the law' trend. I don't have any catchy better communication between if you don't agree then your attitude school. There is a lot of good will phrases for you, only a sincere the committees and the SBA and opinion either doesn't matter or is but they are willing to listen. promise to work very hard to the committees and students. simply superfluous," the Student government at the law out there in the alumni which we' represent you and to help the Committees working in isolation Abramovsky case being a recent school exists within the Student should try to tap. Their help in are generally ineffective and example. Those in charge make Bar Association. Under the good the job market could be a plus to SBA and the law school. the rules and make the rules call. and active leadership of Tony all of us who will soon be out The Political process is unproductive. basically alien to my nature, Not just in relation to We can participate as long as we Leavy, the SBA has tried to assert there looking. however, I have decided to run, committees, but in all areas, abide by those rules. greater student influence into the Through the External Affairs But once in a while, the decision-making process. prompted by several people communication is critical. Active Committee, I would like to see a From the grade referendum to study done on the impact of a familiar with my efforts on the representation on the SBA can be frustration builds up and students Student Life Committee. In an effective aid to communication on those rare occasions come focusing attention on the matter tuition rise at the law school and essence, what I am offering you is between students, faculty, together on some easy common of late grades and actually trying see what, ifanything, can be done a lot of hard work on your behalf administration and the issue and lash out whether it be to do something about it, from an to forestall the proposed increase. and a receptive audience for your community. It's easy to become a student strike, picketing, or affirmative action policy on With a greater knowledge and complaints and problems. I think isolated in this atmosphere, but it vying for press attention. Ask any appointments to University understanding of how this law the SBA has shown it can be is also dangerous; we must keep administrator and the one thing committees, to the concern shown school operates and' with the effective and with hard work and 'the lines of communication open. they hate the most is outside press for the selection procedures of knowledge that during this past creativity we can make it even The SBA can and should be an coverage, which might present faculty, this organization has tried year we have made a good start more effective. effective way of aiding this them in an unfavorable light at to institutionalize student input (but only a start) towards having I would like to continue to communication. I ask your the least, or incapable of handling and influence into the very areas the type of influence that we where we have legitimate deserve to have, I ask for ypu work toward some of the goals support in allowing me to work thesituation at worst. Student strikes, picketing, etc. concerns. we've been attempting to isolate toward these goals. Thank you. advice and support on election have their limitations. The 60's -> Working to create a political day. on the Student Life Committee,' Elaine K. Moskal and early 70's showed us that. infrastructure is not the type of Jay MarlIn particularly in terms of career Election time is coming up again. I, Charmaine Bissell, your SBA treasurer, am running for re-election. Why, you may ask, am I running for the same office? The truth is I have been in office only since October 1978, when I was elected in a special election. I've just gotten familiar with the office and financial arrangements, and now it is time for the student body to elect new officers and directors. To do the job right, I will have to be re-elected for a full term. Even though I have been in office a short time, I feel that I am best qualified for the job. There has been little treasury work these last four months, but I have developed a good working relationship with the SBA board and most importantly with the organizations the SBA funds, Sub Board I, and the U.B. Division of Student Affairs. The real work for treasurer will come this spring when the SBA budget will have to be drawn up. My background in financial management will be beneficial at that time. It includes being a job analyst for the city of Louisville, Ky. . Moskal On Student Life: Communication Is The Key - - — — - 4 Opinion Febniwy - V.P. Candidate: SBA Can Do More 22, 1979 �Do Not Pass Go Dept. Parker Bros. Creates MONOPOLY For Lawyers by Bill Brooks If, A friend told me that Parker Brothers placed a new game on the market called Monopoly for Lawyers. Curiosity got the better of me and I decided to take a look. Went to a place where there are 148 board games, including Monopoly in five languages, seven law reporters, 50 hornbooks, and subscriptions to Newsweek, Time, New York and four other Mike Buskus' living magazines room. Probably the biggest difference between the new Monopoly and the one we all know is that now all monopolies are illegal. Naturally, The Sherman Anti-Turst Act and all that. This doesn't mean monopolies don't exist. The players just have to be a little creative. Team up with someone else to form an interlocking directorate or a vertical combination. You can double the rent, but can't build. Or gamble a bit and buy three of the same color-Then build houses and hotels. However, you're out of luck if you pick up a Chance card that says "Justice — Department investigates you." means financial ruin. A player pays an exhorbitant civil penalty and must sell most of his property to raise the money. Of course a player can settle but this doesn't help him much. Everything he's got goes for attorney fees. This because of the anti-monopoly provision, a player no longer tries for Boardwalk and - Park Place or the three greens, he now seeks to land on the utilities. Owning these properties is a giant step toward winning the game. A utility owner can charge just about anyyhing he wants. All that needs to be done is an announcement of an intention to raise the rates and an application to the Public Service Commission. A roll of the dice follows and if the dice comes up 1 to 11, the increase is granted. A 12 and the player is out of luck until the next turn. Last game I played the owner of the Electric Company was charging 47 times the roll of the dice. My immediate reaction to such a rule was that everyone was at the mercy of the utilities and they could, and would, charge unconscionable rates. I wrote the owner of Parker Brothers expressing my concern. "I know," he replied, "we're trying to make the game as realistic as possible." No longer are there any "Get out of jail free" cards. Now in addition to rolling a double, a player can abscond from the penitentiary by drawing any one of the following cards: A Miranda card: "You were sent to jail without an officer reading you your Miranda — counsel. Get out of jail. (Plenty ot these cards. Like the president of Parker Brothers said ...); A Mapp card: You were subject to an unreasonable search ~ and seizu re. These cards dofr't necessarily get you out of the slammer. An opposing player can keep you in if he has a Francis v. Henderson or Wainwright v. Sykes card: "You've waived your right to contest any constitutional violation chump. Stay in jail." The game has other changes. Forget about picking up a Community Chest card that says "Bank error in your favor collect $200." It's now "Bank rights..."; An Escobedo. card: "You did error in their favor, pay $200 and not have effective assistance of an additional $50 penalty." * . - sud /7\ BOARD I property twice and for one reason or another, the landlord doesn't charge him rent, (most likely the landlord has explanation had a bit to smoke and he doesn't realize or care what's taking place), the landor keeps the property. Adverse possession. These are only a few of the changes. Trying to make the game as realistic as possible Parker Brothers made so many rules and regulations, the game is nearly - incomprehensable. Eventually though one is able to weave through it all and the game progresses nicely. Unfortunately, this article doesn't progress as well and I'm stuck without an ending. That's life I guess. r corporation Sub-Board I is a not-for profit operated'by rtudentt. We are fun«J«d through activity fee monies from your student governments. With these monies we provide I I Whenever a player passes Go he still collects $200. However, 25% of it goes to Free Parking in the form of taxes. And of course most of what you receive for landing on Free Parking also is taxed Windfall. Pennsylvania Railroad is not the most advantageous piece of property to own. In fact no one wants to buy it so the first person to land on it three times is stuck. This person can expect financial ruin as the Railroad will eventually go bankrupt. Unless this unlucky participant owns about Vi of the board, no amount of mortgaging will halt his indebtedness. He is soon out of the game. If a person lands on a piece of kI I" Ik. I It INK Nl V^ I ~ L-r I ■ ~ V*» VI w^ , * * the SUNY 01 Ouffolo student service corporation various activities and services of benefit to yQu Upcoming Events UUAD . Films: • Fri, and Sat., Feh. 23, 24 The Harder They Come Sat. and Sun., Feb 24, 25 Straight Time Coffeehouse: Sat., Feb 24' Margaret MacArthur Publications - Rathskellar -- - - Worlds Creative literary magazine next issue Tuesday, Feb. 27. 1979 Sub Board Calendar available now at various campus locations. month Special Interest Publications several publications will be out this printed stationery and wedding Resumes, announcements University Press low prices! 361 Squire Hall. Health Care Division - Health Care Division - Sexuality Education Center Private counseling and assistance available Hall. Pharmacy Health Service's prescriptions filled D25 Michael - - Squire/Am herst Division -- - - all at low prices! 361 Squire Hall, 261 Squire Hall. - Squire Hall. Group Legal Services Lawyers and Aides available for consultation 344 •• 342 Hall Squirei Visit new home next semester? Off-Campus Housing Searching for a Browsing Library/Music Room relax with music and books 259 Squire Hall, 167 MFAC. j Ticket Office Tickets for Santana, Mangione, and more on sale in Squire Hall. - - - February 22, 1979 Opinion 5 �Culinary Counsel You Can Always Try Wingin' It With A Chicken careful not to cut your hand), cut each chicken breast in half, lengthwise, so they are half as thick as they were to start. Then pound them even thinner using a wooden mallet (or gavel). Beat the egg in a shallow bowl, 2 lbs. chicken parts (legs, breasts, thighs and wings) and place the breadcrumbs in another. Dip each cutlet into the 1/3 cup oil egg and coat well on both sides. 1 tablespoon lemon juice Then lift out, let the excess run 1 tablespoon oregano garlic powder, salt and pepper off and drop it into the Grandma never measures anything. So the best I can do is give you approximations of the ingredients and you'll have to experiment on your own. ' to taste by Paul Suozzi sides, or a large saucepan, brown the chicken in the oil and butter. Add the onion and garlic and saute about 5 minutes. Puree the tomatoes in a blender or food mill. Add to the Chicken Cacciatore/ skillet and simmer about 25 from MarianneSuozzi minutes, until the chicken is Cacciatore means hunter in tender. It should practically fall Italian, so this is chicken, hunter's off the bones when it is done. style. (That doesn't mean Italians Serve with a side dish of spaghetti hunt chickens. They use this type topped with the sauce from the of sauce when cooking game.) skillet. dish with sauce, then put down the cutlets. Cover well with sauce and sprinkle with cheese. Bake at 350 degrees, about 30 minutes. It's as good as veal. First rinse the chicken and Lately, it seems to be getting remove the skin. Pat the.chicken more and more difficultfor me to dry with a paper towel. Mix all come up with ideas for this the other ingredients in a baking column. It may be the dinners I've pan. Take each piece of chicken been eating with more frequency and coat it well with the mixture at Norton Cafeteria have begun to (on both sides). Arrange the take their toll, and are stifling my chicken in the baking pan and creativity. Perhaps senioritis. has bake at 375 degrees for about an found its way to the newsroom hour. and I just don't care any longer. Could it be I've peaked early in Chicken Murphy/from my career and begun a premature Marianne Suozzi ' slide? In any case, I found myself A 3-4 Ib. frier should serve with a deadline and no topic to about 6. 3-4 Ib. frier, cut up tantalize the tastebuds. Back against the wall, I chose the only 3 tablespoons buiter course available to a man faced !4 cup oil with a desperate situation I 2 large cloves garlic called my mother. 4 hot cherry peppers, opened As I related my woeful state to and seeds removed \ her, I. remembered my breadcrumbs. Coat each cutlet In a skillet with high sides, or a evenly with the breadcrumbs. grandmother had given me a recipe for her famous baked large saucepan, brown the chicken Heat the oil very hot in a frying pan and brown each cutlet on both sides. Don't put too many pieces in at once, since this will lower the heat and cause the cutlets to absorb the oil. Cover the bottom of a baking - - amy jo - well in the oil and butter. Add the garlic (either whole, so you can discard it later, or cut up) and saute until brown. Turn down the heat and steam about 25 minutes, until almost tender. Add the cherry peppers, cover and steam another ten minutes. Baked Chicken Parts/from Grandma Helen DeNicola Chicken Cutlet Parmigiano/ from Marianne Suozzi This recipe is a favorite among This is a great substitute for the grandchildren. All our veal cutlet (which is now only ■~» have tried to duplicate it served to high ranking Chinese without success. We have even officials). accused Grandma of holding out on us not telling us all the 4 boneless chicken breasts 1 egg ingredients or hiding a step in the process. She assures me this is the breadcrumbs (seasoned) way she does it, and I don't Vi cup olive oil believe she would consciously Vi Ib. mozarella cheese, grated .-1 hold anything Jaack. But, I can't 3 cups of your favorite tomato guarantee it will taste as good as sauce hers it never does. Using a sharp knife (and being. Part of the problem here is — 6 Opinion February 22, 1979 In a large skillet with high Well, with the help of my mentors I've been able to make it through another week. The next one is still in doubt. I'd really appreciate some ideas from my readers, so I can respond to your tastes and not just my own. Please drop me a note (or a recipe!), in* the Opinion office, Room 623. fricano chicken. With that as a start, mom quickly supplied me with the material to fill up the better part of a page. It just so happens these are some of my favorite dishes too. They aren't very fancy, but they are easy to fix and the taste delizioso! - 3-4 Ib. frier, cut up 3 tablespoons butter % cup oil 1 large onion, chopped 1 large garlic clove 1 Ib. can whole tomatoes 1 Vb" fl II ■a Get an early start on New York Practice and Procedure (CPLR) and get an early start on the' New York Bar Exam. #H H^^A m# I H^w^^^P It W II wm HI IC^^ Prof. Younger's course on New YorkPractice Jive in New York City and on audio- or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: [ '■■ A .^^_. am V ■ Ml ■■ ■■ WM ■ -~^^^^^+ MMM Mmr ■Si^^^H w'" ** °fferec' BAR/BRI (New York Bar Review) 401 Avenue, Suite 62 New York, New York 10001 212/594-3696 The CPLR: An In-Depth Analysis DateiTues., Time: Free Introductory Lecture Place: Feb. 27 Wed., Feb. 28 3:30 5:30 Rm. ios Rm. 109 �Short Relief Soviets Teamwork Defeats An Embarrassed NHL forgotten the hundreds of millions of dollars that go into college and pre-college athletics in this country each year. They evidently feel1 that every time a Dorothy Hamill comes out of the by Maria Colavito To many Americans, sports is a microcosm of life (although to some real diehards, life is merely a form of sport). Because of this, a lot of people in this country can get very ideologically involved with sports. This phenomenon is most evident when you watch the Olympics. Every time another Russian or East German wins an event, millions of Americans (Jim McKay leads the parade) revert to Reader's Digest polemics and see it as the beginning of the end of democracy and another warning sign of spreading totalitarianism. To underscore the point, U.S. losses are inevitably accompanied by incessant apologies for ou^r poor * performance justified by moans and groans about the sore lack of training facilities (after all, every country should have at least a dozen Olympic bobsled runs) and lack of subsidies for athletes (wait until Howard Jarvis gets a hold of that idea). I for one found all this financial lobbying to be the real low point of the last winter Olympics (followed close, very close, behind by Pierre Salinger going through his mid-life crisis right before my eyes). I couldn't help thinking that the commentators making these remarks had conveniently one or the other was more likely^ traditional fanfare associated with our style of hockey and little room for any one player to try to dominate the game, or even one play. Why hockey fans find this objectionable is beyond me. I am as "highly individualistic".and'as sure such technical perfection allowing for the individual might be boring to people who accomplishment of a few like to see one brilliant slap of a luminaries. The Soviet style has hockey puck from center ice to been called tight and disciplined; goal during a season and having One local newspaper said that the seen it feel they have gotten their Soviets had been reduced to big, moneys worth on a season ticket. red automatons. I'm no hockey But_few can deny that the Russian expert but what I have seen has team simply out-played the NHL convinced me that hockey is and generally embarrassed the indeed meant to be a team sport. best we had to offer. Less than The Soviets play as a team, half an hour into the'second game passing frequently for the most the NHL team held a 4-2 lead but efficient playmaking and goal from that point onward, the scoring. There is .little of the Soviets dominated the ice, scoring to say something about you as a person than your respective political sympathies might. The NHL style of hockey has been euphemistically referred to woodwork she should be taken from the bosom of her family and spirited off to a total-skating community where she can train all day and watch Sonja Henjie movies all night, courtesy of the taxpayers. In ariy case, the idea of a hockey series which would pit the best the NHL has to offer with a team from the Soviet Union is enough to stir the blood of even the most weary nationalist, not to mention hockey fan. The West, represented by the NHL, had visions of a stunning victory over the East, represented by the Soviets. After all, you would be hard put to find a group of athletes who take themselves, and their sport, more seriously than the players of the National Hockey League (how many other athletes would run the risk of destroying the possibility of lucrative post-retirement broadcasting careers just for the satisfaction to be achieved by taking a swing at a guy who they know is going to get back at them by breaking their nose the first chance he gets?). Despite all this, however (absent a Jesse Owens winning an Olympic event in front of an Tom Bender, Jim Maloy and John Batt prove that bowling for beer is Adolph Hitler), once the sports arena fills with fans and players and play gets underway, politics takes a back seat, and the NHL-Russian series bore this out. Once the play had started it became apparent the competition was not so much between by Mike Buskus simultaneously because the differing political ideologies as it The Student Bar Association automatic scorers at Transit Lanes was between differing styles and sponsored a bowling tournament are only programmed to score six approaches to the sport of Sunday night, February 11 at persons per frame. The on hockey. And your preference for Transit Lanes. The event attracted overbooking of the alleys meant 56 law students, comprising 14 that either some teams would four-person teams, even though it have to wait (perhaps up to was one of the coldest nights of several hours) or else some teams the winter. would be split up with two The idea for the bowling night persons bowling on one lane and came from Ken Patricia, Ricky two bowling on another. Samuel and Charmaine Bissell. John Bait, directing the SBA Director Gladys LaForge tournament, decided it would be 1976-77 Davidson, 1977-78 coordinated reservations with preferable to start the bowling Katz. Last year, the category of Transit Lanes. SBA advertised the right'away rather than wait for "Mister Congeniality" was added event with posters and signs. John new alleys to open up. Apparently that law professor with whom Batt recruited a number of teams everyone agreed with John's you would most enjoy attending a for the tournament. decision and the tournament got dirty movie (with no points added The bowling, which was under way as scheduled. or subtracted for what might scheduled to begin at 10:00 p.m., In between beers, sodas and happen on the way home). The got off to a slow start. Through winner was Atleson. some mix-up, the alley had only other refreshments, the bowling This year, the Committee reserved 8 lanes for 14 teams. tournament continued until 2:00 a.m. would like ideas and suggestions Two four-person teams could not alley on the same Tournament honors for high for the two existing categories, as bowl well as any new, special categories which would add depth and/or justice to the competition. Within twenty-four hours of this notice, a box, stolen from a "prominent" student organization The New York State Bar throat of a person ip such a especially for this event, will be available in the 2nd floor student Association's Committee on manner that the person's post office/lounge for students Public Health has thrown its breathing is severely inhibited." and faculty to deposit their support behind a bill that would The bill further requires that suggestions. It will be available for require restaurants to display first the Commissioner's instructions aid instructions for choking be displayed in a prominent place one week. Winners will be announced at emergencies. in all public eating establishments The proposed law, sponsored so that employees and customers the Annual Law Revue Show. Knorr of may readily refer to them in the The NLPC is an elitist by Senator Martin organization and all decisions of New York City, would require the event of a choking emergency. the Committee are final and not State Commissioner of Health to According to the bill, no one is open to review. We are an develop instructions for first aid UNEQUAL OPPORTUNITY techniques to be -used in obligated to render help in such OPERATION. "removing food lodged in the emergencies. But persons assisting ' Nude Law Professor Committee Special Announcement! OYEZ! OYEZ! All rise to the occasion. Upon appropriate motion and approval by the Executive Committee, the NLPC is pleased to make this public announcement of a change in its traditional policy. WHILE, in the past, no outside input has been sought or accepted, BE IT HEREBY KNOWN TO ALL law students and faculty, the 3RD Annual Mude Law Professor competition is seeking nominations and suggestions for this year's awards. Originally, the only contest was for the Number One body, plus three runners up. Decisions were based on the visualization (or, in rare instances, the actual view) of law professors' bodies, the guiding criterion being to think of the person with a' brown paper bag over his/her head. No points are added for intelligence, personality, sense of humor, humaneness, warmth, etc. The most recent winners were: nine goals and preventing the NHL from scoring again, to take the series two games to one. I don't know whether the events of last week will inspire the National Hockey League to stress team play more or whether it will lead the Soviets to the martial arts in their training program. One thing is for sure, both sides in this struggle take the whole thing very seriously. In fact, before the Soviets came to town, one NHL official said that if the NHL didn't win the series, the League might as well cash in the remainder of its season and give the Stanley Cup to the Russians. I wonder what is the safest way to ship something like the Stanley Cup to Moscow? more fun than bowling for dollars. Recent SBA Bowling Tournament Attracts Large Student Turnout Nude Prof Committee Seeks Nominations (NLPC) i - single game went to Jack Rogowski, who rolled a 224. Larry Ross capped top honors for a high set with a 590, while barely •*■ missing high game with a 222. Rogowski had the second highest set with a 504. Dennis Harkawik tallied a 488 set. The highest team score (731) was chalked up by the foursome of Jack Rogowski, Carl Barone, Kevin Schenk and Tom Pardini. The team of Ken Patricia, Ricky Samuel, Rob Gurbacki and Horace Gioia placed second with a 704 set. Larry Ross, Howie Kadin, Bill Brooks and Jeremy Nowak combined their scores for a 702 set. Special honors for. lowest scores went to Debbie Humphrey and Carol Gardner, who tied for this award with a 49. Prizes including pizzas and a pitcher of beer will be furnished by the SBA at a later date. . Help On The Way For Choking Victims i^ February 22, choking victims will not be liable for any damages, unless the aid is provided in a grossly negligent fashion. "This bill is the public interest," said Barry A. Gold of Albany, Chairman of the State Bar's Public Health Committee, "since many deaths in restaurants are attributable to choking. If this bill is enacted, the first aid instructions will be readily available to anyone wanting to help a person in distress." 1979 Opinion 7 *^( v �Legal Placement In a Tightening Job Market Associate Director of Placement, Audrey Koscielniak — mike Shapiro —continued from page one the $18,000-$ 19,000level. Concern was expressed by both Carrel and Koscielniak that not enough students appreciate what the Placement Office can do for them, and that not enough students have taken advantage of the services offered by that office. "A lot less students have come to us than I hoped would come to us. They have no idea how helpful this office can be and what facilities we can offer," said Carrel. "First year students should become aware of us. We plan on holding a seminar with first year students regarding placement in High Court Examines Late Grades —continued from page one Headrick said, "It is possible that Dr. Bunn will meet the faculty on a number of issues that will include this problem, and he can use all his persuasive powers in this area. It seems to me that we are going to go through the same thing every year or change the rules." One who has not been happy with either the late submitting of grades or the SBA action has been William Greiner, professor and associate dean. "It worries me if you don't have the grades in for the first year courses. The biggest problem is that first semester for first year students, who have a real anxiety problem and are wondering how they did," said Greiner. While feeling that the faculty has done "reasonably well" to have only three grades outstanding at this point in the semester, Greiner also indicated a "concern" about the need for grades to be submitted on time for second year students, who are in the process of sending out resumes. What did not escape his anger were the actions of the SBA in seeking aid outside of the law school, which Greiner termed "a capital bad judgment." "Sending this issue around the produced campus absolutely nothing. The SBA could have stuck to doing things internally, for example by posting the names of professors on a daily basis or sending people to see the professors.' There were better ways to get things done," said an obviously upset Greiner. Meanwhile, in the SBA office SBA President Tony Leavy indicated that he had not received any substantial response from the faculty on the SBA action in going to Dr. Bunn and Dr. Gilbert Moore, University Dean for the Division of Graduate and Professional Education. "We have not gotten a response to our letters to the Deans which I think is kind of rude since they were sent out more than two weeks ago. It would be nice to hear from them," said Leavy. According to Dr. Bunn, a letter to Leavy and the SBA should be sent to the organization within the next several days. As far as response from the faculty to the letters sent to the faculty by the SBA publicizing those who had not turned in their grades, Leavy said there was not much of a response except from Professor Katz, who, said Leavy, "Told me that if we were going to hold him to our deadline (what, in fact is their own deadline, said Leavy), then he would reconsider giving extra time for some papers." "And," said the soon departing President, "I talked to Professor Hyman who was mentioned in an unflattering way in an article in The Spectrum. The professor was not bothered by it at all, and said that he thought we were right in pushing the issue." "One of the issues people are missing is that we'd work with them if they (faculty) wanted to change the rule. The four week deadline is arbitrary and we would be willing to seek a workable, flexible compromise, but no one has taken us up on that," said 10th National Women and the Law Conference March 29 April 1 University of Texas School of Law San Antonio, Texas Fee: $20 for students - -. Registration must be postmarked by March 1 to avoid late fee of $10. Contact: Candy Appleton 833-2075. 8 Opinion February 22, 1979 . Leavy. Finally, Leavy indicated an appreciation for the efforts of Dean Headrick. Said Leavy, "We do thank the Dean for his efforts and concern. He didn't have to come out with the memo. But, you have to look at the results, and trie result was that they didn't respond to his memo which eventually led to our own action." general. They should start registering with the Placement Office, and keep their eyes open to the future by taking occasional glances at the job board to see what's out in the market," suggested Koscielniak. "We're really anxious to help every student find a job that he or she wants Jo do," said Carrel. "We can even help people who are interested in going to other areas of the country to practice. We can get people in contact with our alumni, and through the National Office of Law Placement, other Placement Offices throughout the country will be open to our students," added Carrel. In reference to sufficient funding and personnel to do the job he has envisioned for the Placement Office, Carrel said that while Dean Headrick has given every support he can give, as a University controlled by the State, the Placement Office has been limited in a number of ways, 'but has made maximum use of what's been allowed. In the area of improvements within the Placement Office, Koscielniak listed improvement of reference books and articles on the job market, running career days better, and trying to bring in local attorneys to talk with students. Additionally, the office will be conducting a workshop on resume preparation and interviewing techniques, and will soon be publishing a placement brochure which will be sent to firms and alumni, outlining positive information about the law school. "The key to the Placement Office is strong alumni support. Alumni organizations in New York Crty, Washington, Albany, and Rochester are becoming much more active, and we are hoping within the next year to send a newsletter to alumni. Also, we want to conduct more local programs such as the sports convocation we had in the fall, which was very successful," said Carrel. "One thing I wish people would realize around here is that the quality of the law students is better than \l ever was before. Every student," said Carrel, "who leaves here is an advertisement for the school. But it's no longer easy to get a job. It involves a lot of work by the students. At the same time, we are trying to get better at our jobs, so we can serve those students better." ta/fcff 1979 MULTISTATE BOOKS ARE HERE Steve Rubin, asst. director, BARBRI will be here to answer any questions concerning the 1979 New York Bar Exam or the 1979 BARBRI Bar Review Course. Book Distribution Day is Tuesday, February 27. All 1979 and 1980 Graduates who have paid OR wish to pay their $100 Deposit may pick up their 1979 Multlstate Volume Anyone Who Has Received a 1978 Multlstate Volume must return It before receiving a 1979 Volume. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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New York 14260 State University of New York at Buffalo School of Law March 8,1979 Tuition To Rise Ten Percent; Increased Aid Also Expected by Jay Marlin - mike shapiro Some SBA electees (I. to r.): Claire Fay, Leslie Wolffe, Paul Israelson, Jeff Taylor, Melanie Pierson, Michael Wiseman, Terri Rahill New Officers Elected To SBA Positions by Rossella Brevetti Student Bar Association (SBA) elections were held on February 27 and 28, as. a total of 399 students exercised their franchise. First year students cast the greatest number of votes (182) trailed by second year students (158) and then third year students (59). position. Second year directors are: Paul Israelson, Michael Wiseman, Arthur Hall, Melanie Pierson, Jeff Taylor and Terri Rahill. Two directors, Israelson and Taylor were on hand for comment. Having obtained the highest number of votes for this position, Israelson expressed gratitude to his supporters and also requested input from the student body in order to better fulfill his Leslie Wolffe will replace Tony Leavy as SBA president. Wolffe obligations. was enthusiastic about the voter Remarking he was ."very turn-out. She feels this year happy," Taylor looks forward to a students have made tremendous year of service to the student strides away from apathy and body. Smiling affably, he disinterest. Hoping this trend will expressed delight over the continue, Wolffe is looking prospect of being a Section One forward to student input. The representative. Taylor's closing newly elected president also remark was he "hopes the new expressed gratitude to Leavy for members of SBA will do just as leaving the students with a good a job as the incumbents." positive attitude toward SBA. Chairmaine Bissell was re-elected treasurer, her 167 votes n- -mike buskus system. That budgeting tactic, upheld the Legislature, forced the SUNY Board of Trustees to hike tuition. Opposition to the tuition hike came not only from student leaders across the SUNY system, but also from UB President Dr. Robert L. Ketter and Thomas Headrick, dean of the law school. According to Headrick, "The President is fighting the general tuition increase, and my sense is that the President will put up a hard fight." Headrick disclosed he had been in contact with- Assemblyman Sheffer from Amherst and State Senator Floss from Clarence. He is presently preparing an impact study for members of the New York State Legislature oh the impact of a proposed $200 to $300 tuition hike for the law school. by . faculty-student ratios in the University. The library is below where it should be, although strides have been made. But, all the tuition increase does for us is to turn students away, and in no way benefits us. If the money was sent back to the law school, it might be a compensating factor," the dean said. The dean said as soon as he sends a report and letter to the Legislature, he would make it public. Former Student Bar Association (SBA) President Tony Leavy tempered his concern for the tuition increase. "We have to make sure what effect this is going to have," he said. Leavy pointed to a local newspaper article which indicated a slight possibility a tuition increase would trigger a raise in the Tuition Assistance Program (TAP) in excess of the tuition increase. "Those people not on TAP wouldn't be helped at all," Leavy said. One positive note of the legislative session so far has been a renewed appropriation of funds for the SUSTA program. According to Kathy Drumm, law school student financial aid advisor, the SUSTA aid program has been funded for the next year. Court Set To Hear Workers by i Bissellii Charmaine easily surpassing the 120 votes needed to win. J. Ted Donovan received the highest number of yotes cast in the election in his bid for secretary. Donovan attained 228 votes out of a possible 294. Former SBA president Leavy was elected as a third year director. Others elected as third year directors are: Lew Steele, Dwight Wells, Sherman Kerner, Claire Fay and Carol Gardner. Leavy obtained the highest number of votes cast for this The Executive Committee of the State University of New York (SUNY) Board of Trustees approved a 10 percent rise in law school tuition for 1979-1980. The rise in tuition for the law school is part of the complex budgetary process which is currently going on in Albany as a result of Governor Carey's Executive Budget to the Legislature which left a $100 million deficit for the SUNY According to Headrick, both Sheffer and Floss are interested in how an increase would affect students on financial aid. "Their concern," Headrick said, "is that financial aid students may be the better students, and that the idea of a state university exists for poor kids who are bright. If it's those persons who would be hurt the most, then it's a matter of serious concern." The Dean's office is presently analyzing raw data from the Registrar's and Financial Aid Office trying to determine the correlation between high academic performance and eligibility for financial aid. "The law school suffered a major tuition hike of $400 in 1976, and now we already have the highest in-state tuition of any state law school in the United States," the dean said. "New York State already loses a large number of students to Rutgers-Newark, whose student population consists of 20 percent of New Yorkers. Their out of state tuition is $1,750, which is already substantially lower than ours. It doesn't make sense that it's cheaper for New York residents to attend the New Jersey state school," he said. Headrick pointed out when tuition is increased, the additional money doesn't come back to the law school. "We have one of the highest John Stainthorp following negotiations between the company, the United Steel workers (USW) ' and the federal government. The agreement provided that an apprentice program be set up to provide training for craft workers and that half of all the trainee positions go to minorities and women. Selection was by seniority but two separate lists were set up, one for minorities and women and one for white males. Brian Weber applied for a training position and was not chosen although two black workers, with three months less seniority than he were. Weber, a union steward,' complained to the union, the company, the Equal At the end of this month the U.S. Supreme Court will hear oral arguments in a case which will decide the future of voluntary affirmative action employment-related programs. The impact of the case is likely to be as great as Regents of the University of California-Davis v. Bakke and will indicate to what extent the Court intends to continue its dismantling of the civil rights gains of the past two decades. The case, Weber v. Kaiser Aluminum, is a review of a Fifth Circuit decision (563 F2d. 216) which declared illegal an affirmative action plan entered into by Kaiser Aluminum. The Employment Opportunity Court held Executive Order Commission and eventually the 11246, the federal government's federal courts, alleging he was requirement that federal discriminated against because he is contractors institute affirmative white. Both the Federal District action programs, is in violation of Court and the Circuit Court of Title VII of the 1964 Civil Rights Appeals have agreed with his Act. complaint. The program in question was The Kaiser Aluminum plant in adopted by Kaiser in 1974, Gramercy, Louisiana, where . Weber works, is located in an area which is 43 percent black. When the affirmative action plan was adopted in 1974 the work force at the plant was 13.3 percent black, but only five out of 290 higher paying skilled jobs (less than 2 percent) were held by blacks. Although federal investigations had indicated a long standing and consistent refusal by the company to hire minorities, Kaiser did not and has never admitted to a policy of discrimination. In the federal courts this became the crucial issue. The defendants in the case are Kaiser and the USW. Neither they nor Weber have alleged race discrimination ever existed at the Gramercy plant. It is clear none of them have any interest in showing discrimination. Such a court finding would have made the company, and possibly the union, liable for back pay, other money damages and legal fees to the victims of that discrimination. Yet is was precisely the failure to show past discrimination which -continued on page eight ""** shaplro Kathleen Drumm " Regarding a possible tuition hike, Drumm said, "No one is in favor of it. It is expected, however, that any increase will be met by a corresponding increase in financial aid." "The problem," continued Drumm, "is that it makes us less competitive with other state schools." Looking ahead to the next school year, Drumm said congressional action in Washington has made NYHEAC loans easier to get. Under the bill passed by Congress, any law student will be able to borrow up to $5,000 per year, minus TAP or other state loans, with the federal government footing the interest bill while the student is in school. "This will give the middle-income class student a big break," Drumm said. -continued onpage tight �Vol. 19, No. 10 Editor-in-Chief Jason Poliner . Mar 8> 1979 Managing Editor Randi Chavis News Editor: Alan Nade.l Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marl in, Bob Siegel Contributors: Shelley Mayer, Laraine Kelley, Rossella Brevetti, Letters To The Editor Canfield Evaluates Student Influence To the Editor: Much recent discussion concerning the law student role in , lohn Stainthorp, Andrew Lipkind Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition. & Design: University Press at Buffalo Editorial Down With Tuition As inequitable and inconceivable as it may appear, the Executive Committee of the SUNY Board of Trustees voted Friday to increase tuition at the law school from $2000 to $2200. This is particularly shocking in light of the $400 (25 percent) tuition hike suffered in 1976. After the 1976 tuition increase we became the most expensive state law school in the United States. By the look of things our number one status is not likely to be challenged. It is sad the Rutgers-Newark law school is charging substantially less for out-of-state tuition ($1750) than we are for in-state tuition. The law school has experienced a decrease in applications over the last couple of years. The increase in tuition will undoubtedly exacerbate this problem. Furthermore, there is no redeeming aspects to the tuition hike; the law school will not be receiving any additional money. After the initial yelling and complaining is done, what is left? What can we do constructively to thwart such an unreasonable tuition hike? The SBA has suggested the External Affairs Committee give this matter their utmost attention. What else? Last week The Spectrum suggested the"formation of a Commission to Save SUNY. The Commission is designed to be a lobbying coalition of faculty, employees and students whose goal is to get the New York State Legislature to study the present state of public and private education in New York State. Ultimately, the study wouldrecommend what part the state should play in shaping higher education in New York. This suggestion has extreme long-term merit. As for the short-term, the budget is not final until April 1. The legislature must be pressured to come up with additional funds. SASU is currently organizing a mass demonstration for March 21 in the Capitol. We urge the SBA to participate in this demonstration by sending representatives from the law school to Albany. Overcrowded Library: Help On The Way law school governance has focused on student dissatisfactions with late grades, and the lack of student influence on the "hiring" practices of the law faculty, specifically Abramovsky. A third problem area focuses on the "real strength" of student influence with the faculty on the faculty committees. Speaking for myself, and not for the administration or the faculty, I note the following points: 1. In my view, this year's SBA, under Tony Leavy's leadership has been most instrumental and instructive to the faculty and administration regarding the realization of student input. His administration has been most effective in several ways. 2. Not seen by the students is the fact that on most committees students now have considerable influence. Two exceptions are the Appointments Committee and the Admissions Committee. (Dean Headrick, however, has indicated that where structured improvements can be made, he will make them. Future SBA members might discuss that possibility with him.) 3. Three facts which really "divest" the students of the influence which they might otherwise have are these: a) either some student representatives to committees do not appear to speak up adequately on committees or they fail to report committee activity back to the SBA and to the student body; b) the student body, through the SBA, has no real communicative organ to communicate their messages properly to the student body consistently; c) student organizations are "ephemeral". Little real continuity exists from year to year so that each successive presidential officer cannot deal effectively with an issue. Summers are "down times" for the SBA and committee "start ups" in the F^ll are invariably late because of the "down time" in the summer. Student organizations and their representation on committees are influential. For example, the use of SCATE forms, the SUSTA fund, the presence of students on committees, the increased effort to recruit minorities and many other changes have been brought about by student involvement and To the Editor: This change of name does not affect our past goals nor does it In an effort to expand the indicate any other change except scope of services which our for the recognition of our fellow organization offers to the Native American students as an minority students in our law important part of pur school's school, the Puerto Rican and student population. Asian Law Students Association The recently elected officers of has invited the Native American HANALSA consist of: Hector students of this school to Santiago, President, Milton participate in our organization as Carlier, Vice President, Dean active members. This action together with the inclusion in- our ranks of non-Puerto Rican hispanics has To theEditor: prompted us to change the name At 7 PM this evening in Haas of our organization to the Lounge, Squire Hall on Main Hispanic, Asian and Native Street Campus, Sub Board is American Law Students holding a hearing to consider, in Association (HANALSA). part, whether abortion coverage March 8,1979 The real task from my view, is whether students can feel as though they are part of the general tenor of new developments in this school and whether they realize the influence they have on a professor in a classroom, on the administration and on each other, without the thought that they were co-opted, opted-out or made to feel like second class citizens by the faculty or administration. I, for one, hope that we develop a new state of cooperation with students as the faculty and administration try to develop a new "bent" in legal education at this school. Finally, I think the student leadership this year has been superb. It was bothconcerned and influential. I congratulate Tony Leavy and company for their success, even though at times the way they have accomplished tasks is not the way the administration would have done it. . Allan Canfield Emmanuelli, Treasurer and David B. Mora, Secretary. Please fell free to contact any of the above officers should you desire further information regarding our organization. Our office is located in Room 604 O'Brian Hall, Amherst Campus. Hector Santiago CARASA To Hold Rally Martin Thanks Electorate And, I would like to publicly thank those members of the SBA who voiced their confidence and support in me through their letter of endorsement. I don't plan on letting you down. Jay Marlin Student Judiciary Weighed Opinion referendum. PRALSA Changes To HANALSA To the Editor: With the elections behind us, the SBA has many new and old issues to tackle. So, before we get swamped with things to do I In the setting of this huge University it sometimes seems the law would just like to take this school and its needs get lost in the shuffle. It is good to report that opportunity to thank everyone some university administrators seem to be showing concern for the who voted for me. welfare of the law school. Saktidas Roy, director of university libraries in conjunction with Professor Wade Newhouse and the University Library Committee are showing increasing signs of providing the type of university-wide support necessary to make Buffalo a nationally To the Editor: ranked law school. Roy's concern for the overcrowding and overuse by Do the students at the Buffalo undergraduates of the law library is to be commended. He has Law School need a Student promised to take a number ofactions intended to relieve theburden on Judiciary? I believe they do, in the law library. Opinion hopes these promises will materialize. keeping with the university In the past, promises were made to this law school only to be posture concerning in loco reneged upon by University administrators faced with budget cuts parentis. Organizations in the imposed by DOB or SUNY Central. It seemed the law school was wider university sponsor singled out to bear a disproportionate share of the burden of these judiciaries which deal with cuts. This has been especially true with thelaw library. student-based problems, providing Opinion would like to congratulate Professor Newhouse, who has "due process" protection and been, we feel, one of the major reasons the law library is receiving ensuring that appeal routes are increased University-wide support. Events have shown Newhouse has guaranteed to the students. been instrumental in obtaining increased funding and support for the The recent problems with SBA law library. With the continued support of University administrators telephones might be an example such as Roy, we believe Newhouse will succeed in making the UB Law which could have been sent before such a body. The route taken in Library a fine one. this case was the Faculty-Student 2 influence. The latest issue involving the grading system was heavily influenced by the student Relation's Boarcf. It is conceivable that the SBA might have resorted to the court or to criminal process, alternatively. A student judiciary dealing with problems which are distinctly student-based, not involving faculty or staff would provide good experience which I believe would serve them well in later life. I will be happy to help students develop such a mechanism if they choose to do so, or to hear ideas to the contrary. Allan L Canfield Assistant Dean for Student Affairs should be maintained in the Student Health Insurance policy. This is an issue that directly affects all students at this University. The right of a woman to choose whether or ,not to become a mother cannot be hampered by economic considerations. I urge you all to attend tonight's meeting and voice your concerns. Save the abortion coverage. At 6 PM this evening, in Center Lounge, Squire Hall, the UB Coalition for Abortion Rights and Against Sterilization Abuse (CARASA) will be hosting a pre-hearing rally to make people aware of the issues involved in the abortion coverage. Please attend the ral.ly and show your support. Arlene Fisk Sue Schreiber Supporters Get Thanks To the Editor: I would like to take this opportunity to thank everyone who voted for me in the recent election. I appreciate your support. Tony Leavy �Abortion Rally Permit Granted by Laraine Kelley On February 26, the Buffalo chapter of CARASA (Coalition for Abortion Rights and Against Sterilization Abuse) was denied a rally permit by Thomas Griffin, the commissioner of parks for the clarification of this denial have been unanswered. Since then, CARASA members have asked the denial and its justification be put in writing, and they be informed of the means by which such decisions are appealed. The CARASA members were frustrated by what seemed to be a rather unusual approval route for a rally permit request and by the reason for the denial. They pointed out there are a number of parking ramps in the vicinity of Niagara Square which offer adequate spaces, especially on a weekend day, for the three to ' four hundred persons expected at therally. For these reasons, CARASA members felt the denial was arbitrary, if not discriminatory, given the Mayor's public stand against abortion and his recent declaration of "Right to Life Week" in Buffalo. However, on Tuesday, March 6, the Commissioner announced that the permit would be granted, citing "misunderstandings" as the reason for the initial denial. He claimed he was not sure the coalition was a bona fide organization. Last year the department was "burned" when a permit was granted for a "missionary project" gathering in Delaware Park which turned out to be a "pot-smoking party," he City of Buffalo, and Mayor James Griffin. CARASA had been planning the march and rally, to be held on March 31 in Niagara Square, in support of abortion rights and against sterilization abuse. The permit request was personally delivered to Commissioner Griffin's office by a CARASA member on February 16. The secretary who received and read the letter of request told the representative it was in order and she should expect to receive a positive response during the following week., On February 26, the representative for CARASA called the Commissioner's office to determine the Gause of the delay. She first was told there was a possible conflict with City plans to plant shrubbery on the Square during the time of the rally, in which case the Mayor's approval of the permit would he required. After several subsequent calls that same day, she was informed the Mayor had denied the permit because of "parking problems." Oral requests for further said, y - ->N^ A team ofSears Law Library Attorneys investigating alleged overcrowding. Library Director Responds To Law Students 9 Complaints by Mike Buskus other libraries is diverted to the one workable machine in the law Dr. Saktidas Roy, director of library because it furnished the university libraries, has replied to least expensive copies on campus. complaints from law students (The other libraries have brought into focus by a letter self-service ten cent machines; the from third year law student J.R. bookstore also makes copies at Drexelius reprinted in the January ten cents per page plus tax.) 25 issue of Opinion. The thrust of Roy's response is that steps are being taken to alleviate the chronic xeroxing difficulties and to lessen the overcrowding of the Sears Law Library. Roy explained the Director's Office has been aware of the acute nature of the Xeroxing problems for some time. He pointed out that library administration efforts dt procuring additional copiers date back to the fall of 1977. The main source of the problem is an inadequate supply of five cent copying machines. Much of the xeroxing traffic from Saktidas Roy, mike buskus Director of University Libraries Israelson Proposes Creation of Consumer Legal Clinic At UB by Carol Gardner First-year student Paul Israelson has taken an idea he got from his undergraduate days and is working at making it a reality at UB Law School. He is trying to establish an organization which would handle consumer complaints over the telephone. Israelson was a member of the Pennsylvania Consumer Board while he attended the University of Pennsylvania/The Pennsylvania Consumer Board successfully mediated consumer disputes to the satisfaction of both parties, Israelson said. Israelson is interested in starting a similar organization here. He envisions law students answering consumer complaints over the telephone. The students will then call the merchant or landlord to get their side of the story. The student will be responsible for doing legal research on the matter. If the students find the complaint was warranted, they will try to mediate a settlement. Israelson would like class credit to be available to students who take part in the consumer organization. In order for credit to be afforded to students, requirements will have to be met. The requirements might include two semesters of work, a paper based on casework -and office hours, Israelson said. He thinks the service will need about forty students. The program would be open to first, second and third year law students. Israelson is checking the possibility of the UB Student Association helping to defray the costs of telephone lines, advertising, office supplies and clerical help since the service would be available to undergraduates. He also is looking into the possibility of "federal grants. Israelson is in the process of accumulating data on the existing consumer organizations in the Buffalo community. He needs the information for his presentation to the Budget and Program Review Committee in March. He expects to face questions about whether the service will be redundant. The Committee will also be interested in knowing how law students will benefit from such an organization. Israelson thinks the - Part of the solution to the problem -will be to convert the existing machines in the other libraries to five cent copiers. This benefits include learning is scheduled to occur shortly. Roy substantive consumer law and explained, "Finally, we are getting; learning to deal with parties "in somewhere. I hope that we will' constraining business situations." have those coin operated "There is no replacement for machines in the libraries within a talking to an irate landlord, or month. consumer for that matter. You "The final arrangement is that gain great experience in mediating instead of going through FSA, we disputes for persons who have are going through the Research vested interests in the outcome. Foundation [which] is going to You're dealing with real people lease these machines from Xerox and real controversies," he said. Company and give them to us. "We are going to get 16 Israeison also thinks the experience and information the machines, five of them in students obtain will help them in Lockwood Library. That will their personal consumer dealings. reduce the use of the law library He said Dean Barry Boyer and by non-law students and reduce Professor John Spanogle think the the pressure on the Xerox copier idea is an excellent one. in the law library," Roy said. Extra copying machines for the A sign-up sheet will be posted on the bulletin boards near the law library, while on the horizon, student mailboxes. Israeison are not immediately forthcoming. invites everyone who thinks they Reliable sources have disclosed might be interested in a clinical the source of the delay is in aspect of consumer law to sign up. Albany. Apparently some officials Israeison expressed a sense of at SUNY Audit & Control are responsibility to the City of concerned about. committing Buffalo. "As a law school in Buffalo, we have some duty to contribute to the city's betterment. We should give legal guidance and dispense information in a prudent, legal manner," he said. resources for Xerox machines. However, that viewpoint overlooks the fact that such a lease obligation is more than met by copier revenues even at a conservative estimate of 15,000 copies per machine per month. At — five cents a copy revenues more than offset expenses. Another explanation for the delay in the acquisition of two Xerox 4000 machines for the library is that some officials in Albany are urging the library obtain Savin 770 machines, a slower wet-copier which does not use ordinary paper. Although the Xerox machine would require a larger financial obligation in lease terms, the lower overall operating costs of the Xerox machine at 15,000 copies or more per month would make this machine less costly than the Savin model. (15,000 copies a month is probably a conservative estimate for actual use since the present machine churns out well over 30,000 copies a month notwithstanding recurring down-time). The problems of noise and overcrowding in the law library which Orexelius flagged to the attention of Roy are also being dealt with. Several steps which have already been taken include increasing the hours of the Undergraduate Library in Capen Hall. That library is now open late Monday thru Thursday until 11:45 pm. Saturday hours at UGL now extend until 9 pm, while Sunday closing time is 11:30 pm. The library administration has plans to expand Lockwood hours effective April 1 so it will be open all hours the law library is open. Additionally, the director's office has disclosed it is considering opening UGLone-half hour earlier than the law library to encourage undergraduates to use that facility unless they have a specific need for legal materials. The Office of Student Affairs which conducts orientation tours has been notified that incoming students will be advised to use the other libraries unless they have a special need for legal reference materials. Additionally, the library plans to publish announcements in the Reporter and The Spectrum suggesting students use Lockwood, Science & Engineering and UGL. Descriptive leaflets are also being prepared which will indicate the full range of facilities available at those libraries on the Amherst campus. March 8,1979 Opinion 3 �Legal Assistance Program Clinic Offers Real-Life Court, Client Experience Editor's note: This is the first article in a series about the law school's Legal Assistance Program, the third-year clinic. This article deals with the Family-Education-Juvenile component. Future issues will highlight other components of the clinic. by Andrew Lipkind The "Family-Educational-Juvenile" section of the Legal Assistance Program enrolls 14 third-year law students each semester. The students are responsible for handling actual cases in all three substantive areas. The "family" cases are mostly separation and divorce, with occasional questions of Custody, guardianship and name change. Of the 68 cases handled by the "Fam-Ed-Juv" component during the Fall 1978 semester, a third were "family" cases. Divorces are being "de-emphasized," according to Clinical Instructor Gerald P. Seipp. The majority of matrimonial cases have been default divorces. Students can gain better experience handling other kinds of cases, such as those in the juvenile area, Seipp said. Mary Lang, - mike Shapiro Administrative Assistant to Legal Assistance Program There is more exposure to trial work and evidentiary issues in these cases. Contested matrimonials, while good experience, take too long to resolve and are thus not feasible for the one-semester clinical program. No new matrimonial cases will be assumed by clinical students this semester, Seipp said. The "juvenile" cases involve appearances in Family Court representing minors charged with .being a Juvenile Delinquent or a Person in Need of Supervision (PINS). School suspension hearings may also be involved. One-fourth of last semester's cases were in the juvenile area. The largest number of cases handled by the Fam-Ed-Juv component during the Fall 1978 semester was in the "education" area. These cases consist primarily of representation of handicapped children in their efforts to receive an appropriate education. Questions of school district compliance with State and Federal law, and of classification, placement, transportation and evaluation are raised. As in the juvenile area, school suspension may also be handled. The law students represent children in administrative hearings, and meet with parents, school officials and teachers to try to resolve their case. The Fam-Ed-Juv component gets most of its clients by referral from indigent agencies, such as Neighborhood Legal Services and the Law Guardian's office at Family Court. The education cases are taken by direct client inquiry and do not require a referral. . • The Fam-Ed-Juv component of the Legal Assistance Program gives a client several advantages. In the education cases, the expertise of the clinical staff and students is greater than can currently be found anywhere else in the community, according to Mary Lang, administrative assistant to the Legal Assistance Program. (Seipp recalled one instance in which a local private attorney called requesting information on handicap law for his own child). Lang pointed out a few local lawyers do this kind of work, but the Legal Assistance Program is the only law office currently working extensively in the area. Several Buffalo organizations have recently hired mental health advocates and will be developing expertise in this area of the law soon, Lang said. The second advantage is clients coming to the Legal Assistance Program get more time from their student attorney than they wou|d from an attorney in the community, according to Seipp. Student attorneys frequently go the extra mile. Seipp recalled ihe experience of a student now in the clinical program, whose client was charged with Juvenile - Delinquency arising out of an alleged burglary. The student attorney not only arranged the client's release from detention, but also spent time getting the client a "big brother," and made sure he returned to school. Thirdly, students in the Fam-Ed-Juv component raise issues other attorneys don't usually take the time to bring up. One example is the applicability of Criminal Procedure Law due process protections to Family Court JD and PINS proceedings. Raising such issues slows the turnstiles in the Family Court and perhaps gives the juvenile client a fuller measure of representation. Working in the clinic "really is a big commitment, different than the rest of law school," Seipp said. He indicated having to handle a real case, with real people who aren't playing roles gives the student a good introduction to law practice. This is especially so if the student is going to work in the Buffalo area, since s/he is exposed to local practice. Students also learn how to make good use of their time, Seipp said. Responsibility and' maturity are required to do well. Seipp characterized the caliber of Buffalo students as "good." Students are "very excited, eager and conscientious, for the most Dart," Lang said. In a few cases, the clinical program helps build-confidence in students who initially may need to be led by the hand, she said. To Seipp, the best thing is all the students are enthusiastic and enjoy doing the work. Once in a while, some do even more than expected and make a lot of sacrifices, he said. Seipp often finds students working in the office evenings and weekends. Seipp finds many students, including those who took Trial Technique, weak in trial skills such as direct and cross examination, and the convincing use of supporting details. But, he said he doesn't expect better. Through the Legal Assistance Program students gain more exposure to trial preparation and get a chance to use concepts and theories learned in evidence courses. Seipp, who has been with the Legal Assistance Program for 154 years, has supervised about 60 clinical students. His favorite area is the Juvenile component, which students seem to handle with the fervor of a murder trial, he said. The students have regular contact with the client children, which helps in the dispositional phase of the case, and are also able to build good rapport with the parents. Students interviewed by Opinion who worked in the program last semester feel it was very useful. They cite such things as learning the importance of good office practice, sharpening interviewing techniques and Opinion March 8,1979 In addition, some students from last semester's enrollment chose to follow through some of their cases personally during the current semester. Lang said she feels students should be able to.stay with the clinic for a full year, as was done in 1975. In this way the clients would be better served, especially in the family and educational - mike shapiro Clinic Instructor Gerald P. Seipp dealing with people, clients, and bureaucrats as good experience. One student said she "felt more like a social worker than a lawyer" but the experience of dealing with people, agencies and the courts made it worthwhile. Another student, now taking the program, commented he is learning to find the "grey area" in the law. "In school we learned the black and white. In clinic a lot of things are going on, more than one thing... you've got to put them all together," he said. Several students voiced concern that the daily activity in the student portion of the clinic office is too loud. Fellow students used the office as a hangout, maintaining a party atmosphere instead of one conducive to work and client contact, they said. The concern was also raised that supervision by the clinical instructor was not close enough in the early stages of representation. Seipp said having fourteen students, each with four to six cases, is "a little hard." But, he said when a case is going to court he spends a great deal of time with the student attorney. His court and travel time prevent him from posting regular office hours, and, students must take the initiative to see him. Seipp said limiting the component to 10 students would be optimal. He know of no plans to expand the supervisory staff. Another member of the clinic staff suggests students who feel they are inadequately supervised perhaps really are criticizing their own • feelings of insecurity and inability to be independent in initially handling a case. Lang pointed out that the clinical program helps to build confidence in those students who need it. The half-year enrollment is not long enough, according to Lang. Many cases begun in the Fall semester take more than a . 4 semester to resolve. As a result, each student this semester has picked up at least one educationor family case from last semester. cases which take longer than a semester to resolve, and where continuity is important. Lang noted the SCATE forms consistently reflect law student desire to expand the enrollment to a full year. Seipp agreed a, full year for each student would be ideal. With current staffing, however, a full-year enrollment would mean the clinical program would service fewer law students. One problem facing the Legal Assistance Program is the absence of a permanent director. Professor R. Nils Olsen is currently serving as acting director, but there is no one to set long-term policy which would enable the clinic to develop and expand. As a result, the program has remained static, according to Lang. Olsen said permanent missing. without a director, continuity is The program needs thought on restructuing and expansion, he said. Further, grant monies could be sought, if someone were available to look for them. Olsen characterized the search for qualified candidates as "active and intensive." Several people have interviewed for the position, but no offers have been extended. Some people are still under consideration. A budget line does exist from which to pay a permanent director. The search is still continuing, according to Olsen, but it is a difficult position to fill well, he said. It takes time to find someone with strong backgrounds in both clinical and academic areas who wants to stay in clinical education. Qualified people with continuing clinical interest are rare, he said. Seipp opines it will be difficult to find someone with strong academic credentials for such a position because this kind of person generally is not interested in long-term work in clinical education. - �Three Law Schools Respond To Bakke Decision of several by Shelley Mayer As a result of strong pressures exerted by minorities and civil rights activists in the 19605, most professional schools developed affirmative action plans which drastically increased the number of minority students enrolled. This development occurred in the context of an emerging consciousness of racism on the part of white America, forced forward by the threatof collective action by organized activists. At two of the Law Schools examined in this article, affirmative action programs developed in the early 1970's have been restructured in similar ways in light of Regents of The University of California-Davis v. Bakke. At Rutgers University Law School-Newark, the Minority Student Program prior to Bakke mandated 15 percent of each incoming class of 700 be reserved for minorities. In the.wake of Bakke, the faculty voted to redefine "minority" to include disadvantaged whites, and simultaneously to increase the percentage to 30 percent of each entering class. This leaves a "two-track" system, like that struck down at Davis, but it does not involve a numerical quota such as the one used at Davis. Similarly, prior to Bakke, UC.L.A. Law School set aside 25 percent of each incoming classfor minorities. In light of Bakke, they have developed two sets of admissions criteria. 60 percent of the admittees are to be judged on the basis ofLSAT's and GPA's. 40 percent are admitted on the basis factors, including administration explanations. Admissions Committee, composed interviews, special Making a of three administrators or deans, personal essays, talents and race. Although these new plans may be said to benefit more individuals, they have an overwhelming problem. They are heavily reliant on the good faith of those who make admissions decisions. One obvious question is why "good faith" should be considered a reasonable and effective means of affirmative action. It was political pressure, not good faith, which led to the increased presence of minorities in professional schools in the early 19705. A related problem is that once good faith becomes the standard, it is difficult to challenge admissions authorities or hold them accountable for variations in admission statistics. "Good Faith" arguments generally have proven' to be destructive to necessary relationships, and rarely result in constructive change. At Buffalo Law School, for example, energy and time have been dissipated and wasted because debate in the past frequently focused on the "good faith" of admissions personnel. This happened because there was no articulated standard by which to judge the school's affirmative action policy and results. The decline in minority students, from 38 out of 322 in 1973 to 17 out of 262 in 1978, has been attributed to several factors. Because there were no fixed guidelines or standards, students angered by the decline in numbers were forced to debate "good faith" and lacked any tangible evidence with which to confront Some have viewed the Bakke decision as an expression of constitutionally-mandated and three faculty members, one of support for affirmative action objective dependent on "good whom is black. The number of programs. Others see the case as a faith" seems neither proper nor votes needed for admission step backward, threatening the successful. depends on the group in which gains of the last ten years. The At Harvard Law School, "good the applicant is placed high, dean of Yale Law School, faith" appears to be the standard middle or low. There is no however, said, "The Bakke as well. Harvard's affirmative provision by which minority decision resolves nothing, action plan is about to be applications will be reviewed by absolutely nothing. I don't even reviewed by its faculty, in right of the entire committee. This system know what the decision is." Bakke. Presently, applicants are has resulted in enrollment of 40 It is worth watching to see if divided into three groups on the to 50 black students in each class Bakke will justify a retreat from basis of LSAJ's and GPA's. They of 550, approximately 8 percent gains made so recently after so are then examined by the of the entering class. much fighting. — • ONLY 7 DAYS LEFT to register for theBAR/BRI Early Enrollment Discount. . Discount ends Thursday, March 15 STUDENT REPRESENTATIVES: Tim Cashmore 7594246 Randi Chavit Bonnie Cohen Gary B.Cohen Claire Fay Martha Krisel Gladys LaForge 833-3388 839-3187 836-4805 695 1294 838-6876 636-4597 J flJCN/^T7/7l]^a^\M /(OXO J'//■ let V at VC^^S/U STUDENT REPRESENTATIVES: Karen Mathews Ricky Samuel Ken Patricia Jeff Serether Mike Shapiro Ken Turek 627-9292 689-7572 689-7572 691-3093 835 2058 692 6532 March 8,1979 Opinion 5 �Culinary Counsel Response To Fowl Column... Chicken Recipes Remove it from the oven and reduce the heat to 375 degrees. Beat the blue cheese, cottage cheese and butter together. Then beat in the remaining ingredients until smooth*. Pour into the pastry shell. Bake at 375 degrees for 40-45 minutes until the custard sets. Serve warm or cold. by Paul Suozzi Flaming Chicken Jubilee/ from Cocoa Gozzi 6 small chicken breasts, boned and skinned 1, 20% oz. can pineapple slices 2 tablespoons butter or margarine Two weeks ago at this time I 1 cup finely chopped cooked was faced with a deadline and a ham lack of material to fill the order. 2 tablespoons chopped onion I'm happy to say that dilemma V 4teaspoon ground ginger was averted this issue, as there was a good response to my plea for V* cup medium cracker crumbs recipes. I would like to thank my Pound the chicken breasts to contributors, and I hope their recipes inspire others to share make !4 inch cutlets. Drain the pineapple, reserving Vi cup of the some with us in thefuture. syrup. Dice four pineapple slices Chicken Wings/ and cook in 2 tablespoons butter from Cocoa Gozzi or margarine with the ham and onion, until the onion is tender. Oil 1 Ib. chicken wings, disjointed Remove from the heat. Add the with the tips cut off ginger and cracker crumbs. Mix 4 tablespoons Frank's Lousiana well. Divide this stuffing evenly Hot Sauce among the chicken breasts. Tuck dash of onion powder in the sides of each and roll up jelly roll fashion. Skewer or tie dash of garlic powder securely. dash ofblack pepper dash of vinegar crushed red pepper to taste !4 cup butter or margarine 3/4 cup chicken broth (use none for mild wings, a sprinkle for medium, etc.) 2 tablespoons vinegar Vi teaspoon salt Deep fry the wings in oil for 10 minutes or until golden brown. Brown the chicken rolls slowfy Drain on absorbent paper. Mix the in the butter or margarine. Add rest of the ingredients in a the broth, vinegar and salt. Cover container that has a tight-fitting and cook 20 minutes. lid. Add the cooked wings, cover and shake until wings are evenly 1 tablespoon cornstarch coated. Serve with blue cheese 2 8-3/4 oz. can pitted dark dressing and celery sticks. sweet cherries, drained cup brandy V> Blue Cheese Quiche/ from Cocoa Gozzi This is a recipe for blue cheese Mix the cornstarch with the lovers that goes well with chicken reserved Vi cup pineapple syrup. wings. Stir into the sauce in the skillet. 4 oz. blue cheese Cook uncovered 15 minutes or 1 Vi cups cottage cheese until chicken is tender. Remove % cup softened butter or chicken to serving dish. margarine Brown the remaining pineapple 4 eggs slices in a small amount of butter. dash cayenne Place the slices and cherries on V* cup minced onion top of the chicken. Pour the sauce 9 inch pastry shell into a heat proof dish. Pour heated brandy over the sauce. Bake a well-pricked shell in a Ignite at table and spoon the 400 degree oven for 5 minutes. flaming sauce over the chicken. . Arroz Con Polio/ from Cocoa Gozzi This is the Gozzi Family's favorite chicken recipe which serves 10-12. Cut in half it will serve 4-6. 3, 2 Ib. fryers, cut up 1 /8 cup oil 2 teaspoons salt 1 teaspoon garlic salt 3/4 teaspoon pepper 3/4 teaspoon paprika Heat oven to 350 degrees. Place the chicken pieces, skin side up, in a large ungreased baking dish. Brush with oil, and sprinkle with the spices. Bake uncovered for 30 minutes. Meanwhile: S chicken bouillion cubes 5 cups boiling water V* teaspoon saffron 1 cup chopped onion 2 bay leaves, crumbled 1 tablespoon snipped parsely 2 teaspoons salt the oil until the livers are firm and and olives, 3 to 5 minutes. Add brown. Fold in the rosemary the the sherfy. Add the livers and mix last minute. Serve over rice. up. Sprinkle with the parmesan cheese and broil until brown. Chicken Livers No. 2/ from John Henry Schlegel Chicken Livers No. 4/ from John Henry Schlegel 1 Ib. chicken livers 1 medium onion, chopped 1 medium onion, chopped Vn of a green pepper, chopped 2 slices bacon, chopped 2-3 heaping teaspoons (or to 2 tablespoons oliveoil taste) curry powder 1 Ib. chicken livers beer 1 Ib. canned tomatoes, broken olive oil up 1 garlic clove 1/8 teaspoon crushed red pepper salt and pepper Saute the green pepper, gralic, . ' curry powder and onion in the oil. Saute the onion and bacon in Throw in the chicken livers and the oil until soft. Add 1 teaspoon brown. Add beer until the livers salt and pepper, and the tomatoes are half covered. Cook 5 minutes. and simmer 20 minutes. Add the Serve over rice. Serves 3 to 4. red pepper. In another pan, saute the chicken livers in butter, then Chicken Livers No. 3/ remove and quarter. Add the liver from John Henry Schlegel to the tomatoes and serve over olive oil, 1 Ib. chicken livers spaghetti. 14 Ib. mushrooms, sliced 1 garlic clove 'A cup sliced green olives (pitted w/ pimento) Heat the bouillion, water and other ingredients to boiling. Add: 2 tablespoons sherry Va to Vi cup parmesan cheese 2 cups rice 1, 10 oz. package frozen peas Saute the liver in the oil until 1, 7 oz. can pimento, drained brown. Remove from pan and and chopped quarter. In a clean pan with more Remove the chicken from the oil, saute the mushrooms, garlic baking dish. Pour the rice mixture into the baking dish and place the chicken on top of the rice. Cover and bake 30 minutes at 350 degrees. Uncover and bake 10 minutes longer. Editor's Note: Culinary Counsel will devote an upcoming issue to Chinese recipes. Please shareyours with others by dropping them off in the envelope outside the Opinion office, room 623. The following chicken liver recipes were graciously submitted by Professor John Henry Schlegel Some of you may be wondering' why someone would want to know one way to cook liver, much less four. Schlegel suggests that when you have a pregnant wife who has to eat liver, you learn ways to cook it. Janet's Chicken Livers/from John Henry Schlegel 1 Ib. chicken livers, quartered 1 Ib. mushrooms 3-4 garlic cloves (as much as you can take) all the rosemary you think you can eat and then some (about 1 tablespoon) olive oil Saute the garlic and livers in 6 Opinion March 8,1979 Mon.-Fri 10:00-5:00 �snun r „ iiciici Money Questions Dominate This Spring Training by MariaColavito Spring training has always had a very reassuring effect on me and a tot of other people. Knowing that another baseball season is about to begin reminds you you've made it through another winter, another of television's second seasons and another of Sports lilustrated's bathing suit issues. ; For those of you who have never seen Si's bathing suit issue, it's not the bathing suits which are the real treat. Connoisseurs really wait for the issue following so they can go straight to the Letter's section for a real slice of American culture. My perennial favorites among the dozens of letters each year are the ones from the frat house (take your pick) at a midwestern university (pick again) thanking SI a thousand times for relieving the members' winter blahs (you can almost picture them inhaling their jello while wrapped in sheets) and the one from a dentist (or librarian) indignantly exclaiming that "this is one Sports Illustrated I couldn't possibly leave in my waiting room r (in my browsing section)." I have never figured out whether it is the same fraternity, dentist and librarian who write in each year, but I'm confident there are quite enough of all three to keep Si's letters column well-stocked for a decade or two, providing they keep putting out bathing suit issues. In any case, the feelings of continuity and security which spring training usually inspire in many people could be a trifle misplaced this year as the normal flood of players, coaches and fans head for sunnier climes. This season is a little different from past seasons. Money, which has played an increasingly central role in baseball as of late is even more on everyone's minds. Even the major league umpires, who do not appear to be your more militant types, were faced with an ultimatum to put up or be put out when they broached the subjects of higher pay and benefits. The presidents of the National and American leagues are evidently confident suitably pliant replacements could be found for any maverick umpires at a moments notice. They are willing to make good their threat to find and hire them in the event of trouble (evidently there are hundreds of men out there who are dying for the opportunity to have Earl Weaver spray tobacco juice in their faces in the heat of on-field battle). The umpires contend the benefits they are seeking would cost the owners some $150,000 a season. Considering that some individual ballplayers earn that kind of money for a month's work, the umps are somewhat upset the owners won't consider their demands. The problem appears to be the umps have a multiyear contract which the owners contend has not yet expired and applies to such things as meal allowances. So, the men in blue will have to swallow their pride, eat at McDonalds all season and hope for better luck with their next contract. This is also the season when the major leagues' contract for television rates and rights expires. It is likely that at the least, a minor skirmish will be fought over this issue come the fall. The owners are feeling drained by demanding players and are bound to be equally demanding when it comes time for them to name their price. With attendance up and with more people watching televised games, the owners are in a good position to bargain. They most likely plan on using this opportunity to recoup some of the money they've been shelling out for salaries over the past couple of years. This also obviously leads to the point that concerned ball fans everywhere are faced with a golden opportunity to keep ABC and Howard Cosell away from the ballpark. Maybe a nationwide teams could use the money to purchase.players they need but can't afford. With no cash, teams such as the Twins are constantly faced with having to part with proven, experienced players who might be crucial to their attempts to rebuild. In any case, the basic question comes down to- whether the Commissioner can, and should be able to arbitrarily set figures like these and force clubs to abide by them especially in light of the fact that he can be quite inconsistent in his decision making. He has on occasion allowed the sale of players when some $500,000 or more exchanged hands because he saw the transaction as consisting of two or more separate deals which by themselves were for less than $400,000 even though their combined totals exceeded that — figure. Also, Kuhn has approved of transactions involving higher figures when he has been convinced the transaction was not related to any future dealings or promises. With reasoning such as this, it would not be difficult to petition campaign imagine a general manager being Another major money battle hard put to develop a kind of may be shaping up between the long-range building plan, having club owners and the no idea of how the Commissioner Commissioner. Although at the will react to any given deal. moment he seems to be operating But money after all, is not with the owner's approval, Bowie really what spring training is all Kuhn has taken it upon himself to about. It is really a chance for the establish a ceiling of $400,000 in younger players to prove to the management they can handle a any deal for players involving cash. How he arrived at the major league position, for the precise figure is not known but it older players to prove they can may cause trouble for a lot of teams. The more affluent teams would naturally rather part with cash in exchange for a player they President(296) really want and the less affluent �Leslie Wolffe Horace. Glola ... still cut it and for the managers to tell the press in all sincerity they 1) feel this is the strongest team the franchise has fielded in years, 2) the rookies are the most promising they have seen in a long time and 3) everyone expects to win the pennant. If all else fails, and even the most seasoned manager cannot bring himself to exaggerate the facts this much, he can always choose to just as sincerely avoid the question entirely. Example QUESTION: "You've lost Bill Lee and Luis Tiant from your regular starting rotation. Do you think the Red Sox can win 100 games without them? ANSWER: "Well, Hank you know Tiant went to New York and so they have a stronger pitching lineup now. It's really hard to, you know, figure out what your team has lost from not having Tiant or Lee or someone. Boston has always stressed team effort and I think that this helped us a lot last season, and you know, what this team wants to do is win. Do it, you know, for the fans who have really been great to us these past seasons." If baseball managers, and players, could only learn how to stop saying "you know" so often, they might have a shot at a political career upon retirement. The thought of Casey Stengel debating in the Congress could make even the most hard-hearted soul chuckle to himself. And if you don't believe me, you can look it up. — SBA Election Results Placement Hosts Career Days Total "T» 39 24 69 Peter Zaret Others The Placement Office will present a series of CAREER DAYS during the month of March. The program is a vital part of each student's career decision-making process and is geared toward making students aware of the various opportunities available to them. Top attorneys from the local area have agreed to take time from their busy schedules to speak at the various panel sessions, share their experience and advise, and answer student questions about career choices. Their participation reflects the bar's continuing interest in the success of ÜB's law students. In the past, student attendance at Career Days has been disappointing. This year the programs are being held during the class day. It is hoped this will make them accessible to more students. Career Days are not limited to any particular student class. First, second and third year students are encouraged to attend and take advantage of thechance to become aware of the variety of career prospects, select a career goal, or confirm an interest in a given career course. This year Career Days will focus on non-traditional careers such as education, administration, employment in law firms and business, banking, insurance. The search for fulfillment need not be limited to counsel offices. t ■' : 1 In addition to the panel program scheduled for Solo/rural practice will also receive strong emphasis. over a March 5, the ABA film "Making It On Your Own: Building a Private Law Practice" will be presented one-week period preceding and suceeding the panel session. Lega The Legal Services/Legal Aid program (March 15) will include a representative from the well NY) Services as (Rochester, Rural Legal Services Corporation in Washington, D.C., Western New York offices. as the Buffalo Legal Aid and Legal Services (March 26) and judicial Additional programs wiH be Labor Law (March 8), Government Careers Clerkshops (early April). , . . SCHEDULE Participants: David Lazenski (Touche, Ross), Labor Law-Thursday, March 8-3:30 pm, Rm 106 Scan Sullivan (Connecticut Mutual Life ns.), Green, Participants: Carmin Putrino (Lipsitz, Margaret Wong (Central Natl. Trust, Cleveland, Fahringer, Roll, SchuJler & James), Doren OH), Louis Faber (Bell* Vista Corporation) Randazzo Goldstone (NLRB), Joseph Non-Traditional Careers II (Flaherty, Cohen, Grande, and Randazzo) Participants: Deborah Falcione (NYS Bar Legal Aid/Legal Services-Thursday, March 15-3:30 Assoc, Continuing Legal Education Section), prrTßm 106 Aid, (Legal Boccio Participants: Richard John Warren (SUNY/Buffalo), Additional participants to be confirmed Buffalo), Judy Lehman (Legal Services, Wash., DC), George Cownie (Legal Services, Buffalo), Government-Monday, March 26-1 pm Participants: Internal Revenue Service, US Ann Artusio (WNY Rural Legal Services, NY) Department- of Housing and Urban Rochester, 19-1 I-Monday, March Development, Additional participants to be Careers Non-Traditional confirmed pm.Rm. 109 Vice PresidentQ42) *Jay MarHn Mike Rosenthai Cliff Barry Others Treasurer(3s9) *Charoalne Blssell . Law Rose Mark Welnsteln Secretary(294) �Ted Donovan Others ' ird Yr. Dlrectors(lsß) *Tony Laavy *tev Steala �Dwlght Wells �Shernan Kerner *Cl«lre Fay �Carol Gardner Shelly Cohen Larry Keraan Ray Powers Cathy «a«an israeison Vlieraan *Mlchaal �Arthur Hall *Helanie Plerson �Jeff Taylor •Terrl Rahlll Robert Blardo Sarkls Harootunlan Elaine Hoskal Vlnce Phillips 167 47X March 8,1979 141 121 241 20X 9% 78X 112 87 83 79 74 69 68 61 44 41 7IX SSX 531 50X 471 89 83 82 77 69 64 62 36 35 Ron jarowlta 251 228 66 43 44 John Blaaeal 81 24X 49% 2nd Yr. Directors(lB2) *paui 55X 131 167 87 48 40 86 73 33 Others Per Cent Opinion 22X 44X 43X 39X 28X 26X SIX 49X 46X 45X 42X 38X 3SX 34X 31X 25X 24X 19t 7 �. Workers To Argue Job Discrimination -continuedfrom page one was used by the courts to strike down the program. They declared companies may institute race-conscious programs when they have discriminated in the past but they may not do so to correct discrimination by other elements of society. The minority and women workers at Kaiser, the people who had the most to lose if the court found there was no past discrimination, have not been represented in any of the litigation to date. Only now, with the case before the Supreme Court, has the U.S. government filed a brief alleging past discriminationand seeking to have the program upheld. The decisions of the District and Appeals Courts seriously threaten the viability of Executive Order 11246 which requires that all federal contractors take affirmative action. Currently the order covers 325,000 contractors who employ over 30 million workers and who receive more than $50 billion annually in federal contracts. Up to now, the government has insisted on affirmative action plans without showing the company has discriminated, arguing employers, by taking affirmative action, should not be exposed to the liability which an admission or finding of discrimination would present. No employer will admit to discrimination when he is liable to be sued for it. The court's interpretation of Title VII would mean Executive Order 11246 and all the affirmative action programs it covers, are effectively dead. The analysis of Title VII used by the courts that race ,-^cpnscious affirmative action is illegal unless specific discrimination is shown arises from a disregard of the realities of - - life for women and minorities. The 1977 employment rate was 6.2 percent for whites, 13.2 percent for blacks. Black median income is 60 percent of white median income and the gap is widening. Between 1970 and 1977 black families' incomes declined by $236 while that of whites rose by $766. The average woman full-time worker earns only about 60 percent of the wage of a full-time man worker. Even when women do the same work as men they are paid much less. Fifteen years after theCivil Rights Act the United States remains a discriminatory society. It is in this context the court is cutting back further on opportunities for' the It is unlikely perhaps the Supreme Court which decided Bakke will take a strong position in favor of the job rights of minorities and women. The mass civil rights movements of the sixties and early seventies which forced the adoption ofaffirmative action plans have declined, and even the public interest and discussion which surrounded Bakke is absent from Weber. The words of justice Marshall in Bakke may well achieve a wider meaning in Weber: "I fear that we have come full circle. After the Civil War our government started several 'affirmative action' programs. This court in the Civil Rights Cases and Plessey v. Ferguson destroyed the movement towards complete equality. For almost a century no action was taken, and this action was with the tacit approval of the courts. Then we had Brown v. Board df Education and the Civil Rights Act of Congress, followed by numerous affirmative action programs. Now, we have this court again stepping in ..." 'r :\ HERE TODAY I Sgone tomorrow 1 » # •* ', ' ,, - paulsuozzi disadvantaged. Second year student Richard J. Trautwein, receiving the Ira "Sandy" Meiselman Scholarship Award from Mortimer Stiller, a friend of the Meiselman family, as Dean Thomas Headrick looks on. The honor is bestowed in memory of Sandy Meiselman, a Buffalo Law School graduate. It is awarded annually to an outstanding student on the basis of his/her first year record, and carries with it a cash stipend and special recognition on a plaque in the library. Trustees Approve Tuition Hike —continued from page one Also, according to Drumm, National Defense Student Loan money should be at approximately the same funding levels for next year, while the amount of work-study money should also show no dramatic change. Financial Aid Office figures indicate approximately two-thirds of the law school consists of middle-income students, while one-third are on full TAP and SUSTA. "Our major problem in financial aid is that, in the calculations for student financial aid for the law school, the student budget is extremely low. It simply isn't realistic, and neither affords an individual a reasonable life style nor covers increases in costs due to inflation," Drumm said. A group mentioned by Drumm as being severely hurt by the budget are the third-year students. "The third year budget is the same as the first year budget, despite the fact for almost all third year students, the year goes to the end of July when they take the bar exam. They are very badly hit," she said. Drumm suggested the third year student should be allowed to borrow about $400 more to cover the extra period pf time from the 4ff extra money. "I think part of the problem," the student advisor said, "is that there is a university wide antagonism towards the law school that somehow the law school gets all the advantages. Unfortunately, as far as future incomes, law students are dumped together with medical students, which is simply not the case as anyone who has looked at trie job and income market knows." HOFSTRA SfSSIONI .LA VV n/^Tj^\^\T V-»XJ. i -/I iI - f v»*. jUTMTieT ,•«>•*•>»»• •I- OPINION needs help if we are to continue the high I quality journalism to which you have become 4^ 'fr accustomed. If you can read write, draw or TV photograph we want you. There's a spot for anyone interested in any aspect of newspaper production. If you enjoy spending money, we need jl as our business manager. * you Other editorial positions are also open. f 4fr end of school to the taking of the bar exam. "The Financial Aid Office argues that the bar exam isn't part of law school," Drumm said with a sigh. She noted most third year students are forced to work for 7X--,. *.*.***, rrOgTUWI ' (^aA 1979 COURSES CREDITS Conflict of Laws 3 Criminal Procedure I 3 Debtor Creditor 3 Evidence 4 Family Law 3 Individual Income Tax 4 International Law 2 Land Use Planning Secured Transactions SUMMER SESSION It £ JULY 11-AUCUST 24 | Business Organizations Commercial Paper Communication* Law Health Law A. jfp^jj|ij|j-'j^ j^,- jj^j4.u4*>' •k'' J4^J-4>l'4>* '4- 1'-l^' '�' '■* r4? vv For further information write or call (516)560-3636 BUFFALO LEGISLATION PROJECT OPEN HOUSE .Wednesday, March 14,1979 10 a.m.-4 p.m. Room 724 All first year students interested in legislative research are invited to attend. Refreshments will be served. Opinion 8 March 8,1979 3 3 Labor Law Products Liability Wills, Trusts «r Estates HO*KIMS UNIVERSITY !CH0OlOf"w HEMPSTEAO. NCW YORK 11SM 4 3 3 3 3 3 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-03-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/8/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/218f0560aaf0077397506ceda6dcae75.pdf f398a87ed4b1e1247548bb4fbf15f7c7 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 11 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 March 22,1979 State University of New York at Buffalo School of Law Faculty Searches For Replacements by Mike Berger Three people have been offered positions on the law school faculty to replace those who have Marlin, Taylor and Donovan talk strategy. Commentary retired or are on leave, according to George Priest, chairman of the Faculty Appointment Committee. Two experienced professors have been offered one year appointments as visiting faculty. Priest declined to release their names because they have not yet accepted the appointments. Roger Ferguson, currently a third year law student at Harvard Law School, has been offered a -'«"« wolffe Baldy Fellowship next year. If Ferguson agrees to join the faculty he will teach a seminar next spring, probably in Corporations Law, Priest said. He will become a full-time faculty school tuition should not be member in 1980. increased. This study by Dean Ferguson, who will be working Headrick was well received in toward a degree in economics, Albany according to would be the only black member Assemblyman Mark Siegel, of the law school faculty. Ferguson is considered "a very Chairman of the State Assembly attractive candidate," Priest said. Higher Education Committee. The work done by Dean "This is the reason we went as far Headrick elucidated the fact that as offering him a position a year the law school has the highest before he enters the market." He resident tuition of any will likely teach corporations law state-supported institution in the and antitrust law, Priest said. "The committee was United States. The study revealed the fact that New York State specifically searching for minority continued on page eight applicants," Priest said. SBA Sends Reps To Albany by Ricky Samuel, Jr. On Tuesday, March 13, 1979, the lay school was aptly represented in Albany. Leslie Wolffe, SBA President, Jay Marlin, Vice-President, Ted Donovan, Treasurer, and Jeff Taylor, Second-year Director and former legislative aide in Albany were our sojourners. They departed Buffalo at 4:00 a.m. well organized and prepared to present to Albany legislators detailed arguments against a tuition hike aimed at the general university but which would ultimately effect the law school. The University Board authorized the trip with the proviso that Wolffe call it off if she determined that members of the delegation were not prepared to present an adequate justification for opposition to the tuition increase. "We didn't want to go down there looking like fools and misrepresent the law school in any way. Our administration (Wolffe-Marlin) had been in office only a few weeks and we wanted to do a good job, we knew this tuition thing would be the first thing we tackled," Marlin said. These able delegates left armed to the hilt with ammunition to bolster our case. They carried with them four impressively detailed studies to present to the political leaders which demonstrated the damaging effect any tuition hike would have on this law school. Sherman Kerner, Third-year Director and Marlin prepared a four page "SBA Impact Statement" which statistically illustrated how a rise in tuition would hurt the law school. Another of these studies included one constructed by Dean Headrick on reasons why UB law Placement To Offer Simulated Interviews To help students develop and their interviewing techniques, the library's audiovisual equipment is now available to record simulated interviews, the Placement Office improve announced. Any student can participate in a simulated interview and then view the recording, either privately or with the interviewer. The unique experience of watching themselves be interviewed should be an excellent method for students to evaluate performance and pinpoint areas in need of improvement, according to Alan Carrel, associate dean for "I wrote 120 letters to black law professors, the Association of Black Law Professors, women's groups and Puerto Rican groups," Priest added. In addition, the Appointment Committee searched law reviews published in the last five years "looking for people in the fields where we have needs," Priest said. In this manner a list of 70 to 80 candidates was compiled. "These people were from law schools where we thought we would be able to recruit or where we heard people were interested," Priest said. In addition, members of the Appointment Committee attended a recruiting convention in Chicago on December 1 for people just entering the law teaching market. The Committee narrowed the 400 resumes submitted to SO and interviewed 30, approximately half of whom were minority group members, according to Priest. The criteria for faculty selection was "excellence in writing and in teaching," Priest said. ' 'We solicited recommendations, read their writings and called their various schools to find out about their teaching." The two experienced - Dean, SBA Criticize Tuition Hike — Buffalo In a joint statement today, Dean Thomas Headrick and Leslie Wolffe, president of the Student Bar Association (SBA), strongly criticized the proposed 10 per cent tuition hike for the law school which would raise resident tuition to $2,200 and non-resident to $3,300, calling it the "result of misinformation and distorted priorities in Albany." The 10 per cent hike which was approved by the Executive Committee of the SUNY Board of Trustees on March 2 will come before the full Board of Trustees in April. Meanwhile, efforts are underway to convince the State Legislature to increase the SUNY budget in order to avoid such a hike. In commenting on the proposed hike for New York's only state-run law school, Headrick said, "It's hard to understand the rationale for this increasefor the law school. We are already the most expensive state law school in the country. Our placement and alumni affairs. Good interviewing techniques, essential for an effective job search, are very difficult to master, Carrel said. He hopes for a targe response to the program. A number of third year students, who have already obtained jobs, have agreed to participate as interviewers. Any student who wants to be interviewed has the option of working with one of these volunteers, chosen randomly, or bringing someone of their own choosing. To schedule a thne,' ability to attract quality students contact Carol Retzer in Room is bound to suffer as a result of this increase. 309. "Across the nation," said Headrick, "the majority of state law school resident tuitions have been under $1,000. Ours has been the only one as high as $2,000." Headrick also noted 38 other state law schoolshave out-of-state tuitions lower than the present in-state tuition here. As an example, the dean pointed to Rutger's Law School in Newark, where approximately 10 per cent of its student body comes from New York. "It costs $300 less for New York students to go to the New Jersey school than for them to go to our own state law school," the dean explained. "It stands to reason," Headrick said, "that highly qualified students from New York are attracted to law schools in other states whose non-resident tuitions are lower than our in-state tuition. We are exporting our best minds, and many do not return. "In a recent study we found that students with the greatest financial need at SUNY/Buffalo law school tend to be the superior students. As a consequence, increases in tuition are likely to cut into the quality of the student body which is one major determinant of the quality of the school," Headrick said. "In addition to the detrimental effects the tuition hike will have on the law school, a 10 per cent price increase exceeds the President's inflation guidelines of 7 per cent," Headrick noted. Wolffe, a first year student, accused budgetmakers in the Chancellor's office with arbitrarily hitting the professional schools with a 10 per cent hike, since there is no proposed tuition hike for the academic graduate schools within the SUNY system. 'The budgetmakers in the Chancellor's office have justified not raising tuition for graduate students on the basis that graduate students have a hard time getting jobs when they get out of school and that their first job income is generally low," Wolffe said. "It may surprise some to know that there are many persons — continued on page eight �Vol. 19, No. 11 Editor-in-Chief Jason Poliner Letters To The Editor Mar. 22,1979 New Library Acquisitions Available Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius and analytical columns written by Washington attorneys. Also clasified job ads. On reserve. were The following materials recently acquired by the library. National Law Journal Another variety N.Y. Bill Jackets containing all weekly paper reviewing a weekly news. Includes a legal to the of the documents presented Governor when a bill is presented index to legal literature, lists of for his signature. One of the best sources of legislative history, the only other complete, set is in Albany. Covers the years 1905, 1921-1974. In A-V Department. To theEditor: - - - Staff: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Mike Berger, Rosella Brevetti, Alex Cukan, Michael Rosenthal, Ricky Samuel, Jr. Copyright 1979f, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo 14260. The-views School of Law, SUNYAB Amherst Campus, Buffalo, N.Y.Editorial Board or expressed in this paper are not necessarily those of the Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial reserve. Kathy Carrick Assistant Law Librarian Newhouse Gives Credit To Entire Library - CIS Congressional Indexing Service 1977-1978 Indexes and abstracts all Congressional action, and contains hearings, committee prints and reports. The index to the set is in Documents, the actual documents are in A-V. - - — A Legal Times of Washington weekly review of government activities, highlighting federal agency action. Special features are the text of selected agency regulations and proposed rules, with some applicable opinions, SBA Needs Support recently filed District Court Suits, summaries of pending and proposed Federal Rules and a legal crossword puzzle. On To the Editor: I hope that I will not appear to be unappreciative of the kind remarks which appeared in today's issue of the Opinion (March 8) concerning the Law Library, myself and Mr. Roy when I say that we already have a fine library, and largely through the efforts of our competent and dedicated staff. When I refer to staff I refer not only to the librarians and professionals, but also to our civil service staff who On Tuesday, March 13, the law school was represented in Albany by Student Bar Association (SBA) President Leslie Wolffe, Vice-President Jay Marlin, Treasurer Ted President^ Corner Donovan and Second Year Director Jeff Taylor. Their efforts on our behalf must be applauded. In addition, Third Year Director Sherman Kerner, who agencies which directly affect law together with Marlin, prepared the SBA Impact Statement, students. Dean Headrick, who prepared a similar statement, and At the present time we are involved in revamping the budget financial aid advisor Kathy Drumm, who contributed the guidel Ines, - .to.. make the .most financial aid profile, also deserve commendation. efficient" use of students' activity state With 38 other law schools charging less for fees. out-of-state tuition than we charge for in-state tuition, the This coming .year we hope to problem facing the law school is a serious one. increase student familiarity with There is no guarantee Tuition Assistance Program funds the services and information available through the placement be increased. Therefore it is essential all efforts continue will office. to be directed toward getting the legislature to provide We have formed an SBA by Leslie Wolffe additional money to avoid the tuition hike. committee to work directly with If the hike proves inevitable for the University we must On Tuesday, March 13, the Alan Carrel at the placement take every action to insure the law school is exempt. Such Student Bar Association (SBA) office. The Distinguished Visitor's an increase in revenue could not be realistically justified in delegation to Albany proved that Forum is also being restructured light of its detrimental affect on the law school. An increase effective communication between to provide the law school with a long term-speakers program. It is in tuition for approximately 750 students will not generate a the law school and related outside hoped this will attract quality agencies can bring a positive significant amount of revenue for the state. of interest to the law Many speakers hours of response. long Applications have fallen from 2,713 to 1,620 over five work by SBA Vice-President Jay school community. years and may drop by nearly 15 per cent this year Marlin and 3rd year-director The overall view of this year's Sherman Kerner produced an board is that we are elected according to the Dean's report of February 20, 1979. An increase in tuition would discourage potentially impact study concerning the representatives of the student superior students and likely erode the quality of the student tuition hike and the law school students. Armed with this study, body. This will have a severe negative impact on the level of Marlin, Ted Donovan, Jeff Taylor legal education at this school. and myself went to Albany to The budget is not final until April 1. If you have not present our case to the legislature. We met with key aides and written or called your legislators in Albany do not wait any members of the Finance and longer. The work cannot be accomplished by the sole efforts Education committees in Higher of the SBA members. the Senate and the Assembly. We Staff play such an important role in the operation of the Law Library and to our student assistants. In particular, and without intending to slight anyone by omission, I should single out Kathy Carrick, the Assistant Law Librarian, whose assistance, makes possible thegenerousremarks you directed my way. Professor Wade J. Newhouse Associate Dean and Director of Law Library Tuition increase SBA's First Priority effectiveness body. Our lies in determining how the students feel about issues which most directly affect them. Last year we dealt ynf.h, the .possible .change, ip.fbe grading system, late grades and the faculty appointment process. Some ;of those projects are - adstl&rW«?fivvit? deal the faculty evaluation otigoing.?)n t with criteria, the dean's curriculum proposal and the health insurance issue, among others. Every law student at UB is a member of the SBA. The board has been elected to work for you. Let us know what issues and problems at the law school you are concerned about. There is a suggestion box in the mailroom, and the SBA office is always open. Feel free to drop in and talk to us. Our nucleus is strong, but we need the support of our membership at large. also left an information packet with legislators we were unable to meet. The packet contained our impact study, the Dean's study and a financial aid profile of UB law students. Our assessment of the situation is one of cautious optimism. The members of the Senate and the Assembly were highly responsive will holding elections for all positions on the 1 to the situation and pledged to Wditorial board. All students are eligible to run for any L consider the ramifications of a Parking ticket did not deter successful SBA mission. Tposition. Current staff members are encouraged to J tuition hike. If they cannot avert the tuition hike completely, they Vattend this meeting and cast their votes. expect to convince the Trustees to exempt the law school. Apology: be held Elections will V In Response. Once again the SBA has made Opinion I Tuesday, April 3 at 5 p.m. would like to apologize the students' concerns known. to Room 623, O'Brien Hall. Vlnce Phillips, candidate for Dear Frustrated: This year the board is committed We are unable to print letters to second year director, whose to maintaining a high level of editor unless they are signed by the picture was omitted from tffe effective communication between February the author. Names will be withheld 22 Issue. The omission the student body, the was unintentional. upon request. administration and outside S ELECTIONS \ #Jopinion V I L J r Opinion 2 March 22,1979 .. �BLP Applications Increase; Forcing Selection Criteria by Carol Gardner The Buffalo Legislation Project (BLP), is the student organization that provides local legislators with legal research and analysis, as well as drafts of proposed legislation without cost and on a non-partisan basis. Procedures for becoming a member of BLP are in the process of changing, according to second-year law student, Ken Patricia, one of BLP's managing editors. In past years, applications for membership to BLP were fewer than those received in 1978. (In the fall of 1978, 100 persons applied for membership and SO were accepted.) Up until then, anyone who applied generally was accepted into the organization. "Before this year, there was no need to establish selection criteria," said Patricia. The BLP editors decided to change the membership procedure in order to prevent the organization from growing too large and therefore, too unmanageable. BLP hopes to have sixty members in any given semester, Patricia said. Twenty students would be admitted each fall and spring term. Both Patricia and Stu Haimowitz (Director of BLP), regret the fact the organization probably be asked to draw up or may not be able to accept all amend one statute. We'll be interested students as members. looking to see whether the Part of its need to accept fewer student can spot the issues persons stems from the number of inherent in drafting legislation projects available. Patricia the policy considerations, the explained that many projects clarity of the language, the submitted by sponsors turn out to organization, the conciseness," be unsuitable. "Some are less Patricia said. interesting, some are too broad, A possibility exists there will some may not involve legal be yet a third requirement an research." Haimowitz said the interview. Patricia says this need for stability in the number requirement is still tentative. He of students in BLP each semester called the value of an interview comes from the group's desire to "nebulous." He said some editors be able to guarantee sponsors who and members of BLP think an have used BLP's services in the interviewing component would past, that their future projects will leave BLP open to charges of receive the same attention. unfairness. He did say the editors The new procedures will still were trying to find a way to require any interested first-year better measure the real student to submit a two-page motivations of those persons statement of interest. "The applying. "We think the most statement should tell us why they interested students will turn out want to be in BLP, and about any the best projects. They'll not only experience with legislatures or think of it as a way to get three legislation they may have had," credits, but as a way of getting said Patricia. valuable experience with A second requirement will be legislation," said Patricia. successful completion of a A formal description of the research project. The project membership procedures can be actually requires no independent picked up on Wednesday, April research by the student. The 4th. The projects will have to be project packet will come with returned to BLP by Wednesday, statutes and a law review article April 18th. Patricia says, attached. "The student will "Although the project doesn't require two weeks of work, we wanted to give them an opportunity to do it over spring break." All students who apply will be contacted over the summer regarding the status of their application. — — Bitch Tickets Bitch Tickets Bitch Tickets No. 67 The Complaint: Why can't they change the locks on the "Toilet Rooms" so it registers "occupied" when the room is being used. It is quite disturbing to be sitting there when people constantly try to get in. The Response: We have long admired the "occupied" signs on airplanes and trains. Unfortunately, the present doors cannot be revised to include such locks. We considered using appropriate signs but fear they could be too easily misused. No. 68 The Complaint:May I suggest that you acquire the Code of the Village of Kenmore, and also the N.Y.S. Board of Election & Comptroller opinions? Also, the opinions of the (N.Y.) State Board of Equalization and Assessment. The Response: We will definitely try to obtain a copy of Kenmore's Code. The opinions for the Board of Election and Comptroller's opinions and the Board of Equalization and Assessment are both in our documents department. No. 69 The Complaint: Why is it thatthe library can't have on file the New York Times and Wall Street Journal the day they come out and not 4-5 days late? If I want to look at the Times, it's a week old! The Response: We get one daily copy of the New York Times from the bookstore and another through the mail. The most current can be found on the newspaper rack on the main stair landing. The bookstore will not accept subscriptions for the Wall Street journal, but we do get one copy through the mail. Often the university mail service is slower than your usual delivery. The most recent copy of the Wall Street Journal is also on the newspaper rack. We are purchasing new racks that will help to organize the papers. No. 70 The Complaint: It appears that the federal Shepards are in much better order and condition than the New York Shepards. I don't know why, but would it have something to do with their placement in the library? Would you consider shelving all Shepards together? Conference Topic Is Prison Construction On Tuesday, April 3, the Buffalo PrisonTask Force and the Distinguished Visitor's Forum in conjunction with Urban Studies College will sponsor a conference on the Moratorium on Prison Construction. The conference will focus on the controversial "Olympic Prison". The Federal Government is constructing athletic facilities for the 1980 Winter Olympics at Lake Placid with plans to then convert the facility into a federal prison after the games. Speakers from STOP (Stop the Toxic Wastes Subject by Alex Cukan Congressman John J. LaFalce, sponsor of the Toxic Torts Act and other toxic waste legislation, will be one of the speakers at a series of forums dealing with the Love Canal. The discussions will be held on the Amherst Campus, Waldman Theatre, Norton Hall at 7:30 p.m. on March 22, 28 and 29. More than twenty speakers will participate including State Senator John Daly, Homeowners' Representative Lois Gibbs, Attorney Dick Lippes, Roswell Park researcher Dr. Beverly Pargen, reporters from the Buffalo Evening News and Co v r I c r Ex press and - Olympic Prison) will speak on national and statewide efforts to stop this proposed conversion. There will also be workshops on the prison abolitionist position the need for a nationa' moratorium on prisot construction, alternatives t< incarceration presented by the Monroe Alternatives Project (MAP), and efforts by local counties to halt construction of new jails. Identical workshops will be held from 2-5 p.m. and 7-10 p.m. in the Moot Court Room. Of Forum representatives from the Department of Environmental Conservation, the Department of Transportation, the Environmental Protection Agency and State Love Canal Task Force. The first forum, chaired by Dr. Lester Milbrath of the Environmental Studies Center will present the history and setting of the Love Canal problem. The second forum will explore health and property costs. It will be chaired by Dr. Charles H.V. Ebert, professor of geography. The issue of the responsibility for and location of other unknown toxic bombs will be dealt with in the third forum chaired by sociology professor, Dr. Adeline Levine. The final forum will be chaired by Dr. Peter Gold of Rachel Carson College. It will focus on the emerging toxic disposal policies. At the conclusion, there will be a roundtable discussion summarizing theseries. - Love Canal Lessons for a series of public Society forums on Learning from Tragedy is being sponsored by the Environmental Studies Center, the Love Canal Homeowners' Association, Rachel Carson College, College of Urban Studies, New York Public Interest Research Group, Commuter Council, Student Association (SA) Speakers Bureau, SA Student Affairs, SA Academic Affairs, the League of Women Voters, Clifford Furnas College and College H. — SBA Undertakes Letter Writing Effort by Rosella Brevetti The proposed ten per cent The Response: Your complaint brought up some discussion about tuition hike was the number one the most convenient placement priority at the March 7 Student for Shepards. All the federal Bar Association (SBA) meeting. The SBA resolved to launch a Shepards are presently under the main stairway and the states are at three day, blitzkrieg letter writing the end of the appropriate state, and phone calling campaign to so when you look up a state case Albany legislators to voice you can also Shepardize. We opposition to the proposed considered placing them all increase in tuition. The campaign together, but cannot at this time, took place during the week of March 12. think of an appropriate area. The New York Legislature is The New York Shephards are messy because of their high use in still debating the issue of how an awkward space! We are putting much money to allocate to in a stack shelf to help you use SUNY. If funds for SUNY are increased, the tuition hike will be the books. unnecessary. Some board members expressed ambivalent feelings toward the proposed campaign but the majority voted in favor. One of the concerns aired was that a rise in tuition will result in fewer applicants, making Buffalo, already one of the most expensive publicly funded law schools in the nation, a less competitive school. In order to encourage students to write to their legislators in Albany, the SBA decided to set up a table equipped with a typewriter, stationary, stamps and a model letter outside the law library. It was also decided a toll free line would be made available in the SBA office from which members of the student body could call members of the Legislature. As the coup de grace, the SBA voted to send a five person delegation to Albany on March 13 to confer with members of the Legislature on why the law school should not be subjected to the tuition hike. It was decided that the student delegation would consist of SBA president Leslie Wolffe, vice-president jay Martin, 2nd year director Jeff Taylor, Secretary J. Ted Donovan and Steven Schwartz, former president of the Student Association at ÜB. Maidi 22,1979 Opinion 3 �Maternity, Moot Court; All In A Week's Work by Michael Buskus Third year law student JoAnn Gould recently had her second baby. This time, however, the child eight-pound, eleven-ounce Ryan Gould arrived during the middle of the school year. Daughter Rachel, now nearly three, was born at the time of JoAnn and her husband Steve's undergraduate graduations in Spring of 1976. That timing allowed JoAnn to spend the summer with Rachel before entering law school in the fall of 1976. Naturally, JoAnn took some time off from classes to have her baby. She spent a week in the hospital having this child, as she did her first, by Caesarean section. JoAnn brought work with her to the hsopital, however. As a senior moot court board member, JoAnn is representing Buffalo in the 1979 Albert R. Mugel Tax Competition. She is working on this moot court competition along with Ann Bermingham (also a mother of three children) and Peter Durant, both second year itudents. Her hospital routine was — — loaded down with some taxing reading. The Internal Revenue Code, Revenue Rulings and copies of tax cases substituted for watching hours of television. Actual writing and editing of the brief took place in JoAnn's apartment in the two weeks immediately after Ryan's birth. Family and moot court have not been the only demands on JoAnn's time. Her classes include New York Practice, Small Business Counseling and Clinic. Clinic has been particularly time-consuming because JoAnn's caseload includes some appeals work with transcripts numbering in the hundreds of pages. JoAnn has also been occupied coordinating sales for the Marino/BRC bar review course. After learning last August that she was pregnant, Steve and JoAnn decided to move out of their soon-to-be outgrown two bedroom apartment. That move resulted in more work than they bargained for. As part of their lease arrangement with their new landlord, they agreed to repair and rehabilitate the sagging half of their new duplex apartment. Major repairs by Steve and JoAnn included fixing plumbing and electrical defects. Removing rotting wallpaper, painting, plastering and carpeting, rounded out the renovation project. Steve, who has an anthropology background, is presently studying for an engineering degree. In his spare time Steve pursues his woodworking hobby. Steve has crafted elaborate wooden cabinets and cannonball beds. When he had more time he sold some of his work. Now he creates pieces of furniture for his own apartment or perhaps for relatives of the — family. Steve and JoAnn manage to coordinate their school schedules so that one of them is always home with the children. While this alleviates the need for babysitters, it also puts some constraints on their free time. JoAnn and Steve both study at home since they share responsibility for caring for the children. The dining room tablealternates as a study desk for engineering and law books, depending on who is home. Daughter Rachel, who attended a Montessori school last year, is anxious to attend those classes again this summer while JoAnn Gould and her new son Ryan. her mother studies for the bar exam. Rachel seems -to relish the steady attention she gets from her parents. This has lessened, of course, with competition from newly arrived brother Ryan. Rachel recently urged her father to hurry and put up the new play gym set in the backyard. Snowclouds obscured the promised sunlight, causing Steve to delay installation of the swingset. ~m'fce *««*«« The possibility of taking a picture scared camera-shy Rachel into running into another room until her mother coaxed her to return. Little brother Ryan winked without paying much attention. Meanwhile, a friendly Irish Setter lounged comfortably on the sofa near the window after greeting this reporter with an initially skeptical bark. JoAnn returned to one last re-write of the Moot Court tax brief.. . Team 4: Bob Giunta, Bob Laßussa, Fran Turner, Sherman Kerner, Mike McAleer, and Wayne Lopkin Team 11(standing I. to r.): Paul Suozzi, Tom Bender, Kneeling I. to r.: Tim Schulz, Bill Brooks. Jason Poliner. PBASKETLYOFS Jason Poliner showing the form which carried Team 11 to their second upset victory over defending champion Team 1 (John Gilbert, Stu Markowitz, Jim Kelly, and Bill Fanciullo), qualifying them for the finals against Team 4. Bill Brooks gave an outstanding performance on both offense and defense, pacing his team to the 30-27 victory. Not to be overlooked was the hot-handed outside shooting of Tim Schutz and Tom Bender's tough defense against the always formidable Gilbert. Don't miss the championship 4 Opinion March 22, 1979 All photos by mike buskus Close encounters of this kind typified the play as Team 4 registered a 30-21 victory over Team 7*, to advance to the finals against Team 11. Team 4 was able to overcome a halftime deficit and go on to win against the finesse-minded Team-7. Corletta, Bill Higgins, Mark Rosenbaum, Herbert Roisman, Tim Costello. and Vince Phillin« \ game on Thursday, March 29, 6:30 In the Bubble I �And Now A Message From Our Sponsor. by Bob Siegel And now a message from our sponsor... "New, improved, better, no money down, double your money back, 12 out of 57 agree.. ." This exemplifies typical boob-tube advertising. It appeals to the feeble-minded who were raised on the principles of "me-tooism" and "keeping up with the Jones's." Advertising is what makes the world go round. Politicians jumped on the bandwagon a couple of years ago (i.e. Gerald Rafshoon and company) and now it's time for the legal profession to follow suit. Will this degrade the "profession"? Will the "tidy bowl man" discuss available services in between strokes? Or will legal advertising try to avoid such a low plateau and present a serious message? Maybe something a la H. and R. Block? "Hi. I'm a senior partner in Duck, Muck, and Schmuck and I can tell you 46 ways to bring suit and still avoid bankruptcy. And if we make a mistake and you do go bankrupt, we'll stay with you on appeal!" But maybe the mysterious approach would be more fitting since no one really knows exactly what it is that an attorney does. "This lady is being sought by the IRS, the CIA, the PTA and a distraught husband who wants alimony. She's just been fired and has lost her house by adverse .. possession. Why is she smiling? Only her attorney knows for sure!" While we can speculate on the form legal advertising may take, let us now look at a couple of concrete examples: 1) First, I'm sure we'll be shown the "balancing act". The announcer will be standing next to a 20 foot high "scale of justice". He'll show you how lopsided your life is by putting on the "cost" side rent, college tuition, mortgage, insurance, etc. "But don't despair," he adds as the derrick gently lowers "the privilege of an attorney" onto the "benefit" side. Miraculously, the "scale" balances. So, because of "low-cost, installment plan with green stamps" lawyering, you can now afford a hassle-free existence. Believable? Not a chance. It is "justice that's blind," not the consumer. 2) Next we have the "specialist" advertisement. "Are you a husinessperson who is constantly on the go? Do you listen to that rent-a-car commercial and "run through airports"? If so, this is your lucky day! If while running through the airport you trip over someone's foot, suitcase, dog, pothole, small child, or any other conceivable obstacle, we'll be there to represent you. Call us at our toll-free number. We have operators standing by. We have representatives at all of^the major airports. For only $100 a year, we'll give you up to four free telephone consultations and brief you on whether you have a "cause of action" and your chances of success. We'll sue anyone: your employer who made you run, the airport for permitting the obstacle to exist, even the innocent bystander who you accidentally kicked in the teeth while hurdling a garbage can to make your flight. So feel safe and secure on the ground as well as in the air. Don't delay, write your check today." 3) Some law firms will probably get into the quick, 10 second spot, one-liners. "Ben Franklin knew his stuff when he said, 'A penny saved is a penny earned.' Choose us and save a bundle," or "When Stand, Stop, and Look talks, juries listen." (Who said lawyers had originality?) 4) And don't forget the Saturday Night Live-Rock Concert legal ads. "Heyyyy Que pasa? Ya need-ah quickie divorce, we got it, you need-ah quickie marriage, we got it, you need-ah quickie ..", or "Hi! I'm just a wild and crazy guy and you can be wild and crazy too if you let me give you some advice ..", or "if you want beagle services, I know of an excellent kennel with 'No, terrific stud potential and Emily Latella, I said legal, not beagle, LEGAL! "Oh Jane, so sorry, never mind!" So call us . . .... . today for our rare brand of confusion and double talk and double talk and confusion and confusion and ..." Exactly what form legal advertising will take, no one knows for sure. While it may degrade the profession, it is also possible it will be of high quality and will open up an array of legal services to the middle-class, as of yet an untapped market. All we can hope for is the advertisements will be somewhat sensible and realistic. If, when you turn on the "tube", you don't see a big "A" for Super Attorney or hear a firm will "wash your troubles down the drain," feel relieved and very, very lucky. L IST79 frdiminarn iMulttatate Sat Examination Seminar 3feui flork Sates and Homtiona JUNE 22, 23, 24 in BUFFALO at Sheraton Inn-Buffalo East, JULY 6, 7, 8 JULY 16, 17, 18 2040 Walden Aye. in NEW YORK CITY at the Statler Hilton, 7th & 33rd Street in HEMPSTEAD, LI., Holiday Inn, 800 Clinton Street. —PMBE's THE BEST WHYwho attended HERE'S Percentage of > ... our June/July 1978 Preliminary Multistate Bar Examination Seminars, successfully passing their respective State bar examinations*: Ohio: 85% Kentucky: 82% Alabama: 88% Oklahoma: 100% Maryland: 80% Arkansas: 92% Oregon: 94% Massachusetts: 85% California- 82% 100% Pennsylvania: 86% Michigan: Colorado-88% Tennessee: 88% Mississippi: 94% Connecticut: 90% Texas: 95% Missouri: 92% Delaware: 72% Virginia: 88% 86% Nevada: District of Columbia: 88% Wisconsin: 100% 71% New Jersey: Florida- 80% Wyoming: 83% Mexico: 100% New Georgia: 78% North Carolina: 100% Illinois: 86% students, . respective state bar exam results to Multistate Legal Studies, Inc. * Statistics are based on all students releasing their Enrollment Fee: $125, payable to Multistate Legal Studies, Inc., 743 Spruce Street, Philadelphia, PA., 19106, (215) 925-4109. March 22,1979 Opinion 5 �Culinary Counsel Take One From Column A, Two From Column B the oil in it, very hot, and to cook things quickly. This is generally done by heating the wokfirst on a high flame until you can see the heat rise from it. Then add peanut oil and let it heat until it starts to smoke a little. It is also necessary to have all the ingredients cut and ready to cook before you start stir frying. All the recipes below are delicious and easy to prepare. The by Paul Suozzi ingredients for the soup may be a Chinese cuisine has always little hard to come by, but health been one of my favorites, though food stores and food co-ops my only exposure to it as I was usually carry bean curd. growing up was in local restaurants. It was always Marinated Chicken/ something we went out for, never from Michael Suozzi something we ate at home (unless) Vh lbs. boneless chicken we bought it to take out in those breasts cute paper containers). Perhaps 2 tablespoons cornstarch there was something mystical Vi teaspoon brown sugar about the oriental style of V4teaspoon salt cooking, at least as viewed by an 3 tablespoons soy sauce Italian-American household. 1 tablespoon wine vinegar Well, that no longer is true. I'm 2 tablespoons dry sherry happy to say my family has 4 to 5 scallions, cut up discovered the ease and joy 1 clove garlic, minced associated with preparing Chinese 1 teaspoon minced ginger root food at home. The food itself is Cut the chicken into bite-sized not much different from the Combine the cornstarch, pieces. things we have always eaten; it is salt, then dredge (coat and sugar different way. just prepared in a chicken in the mixture. the well) The recipes set out below are a chicken pieces in a Put the coated you of the smattering many things add the soy sauce, bowl and could try. The non-soup recipes are all prepared in a wok, using vinegar and sherry. Marinate at the stir fry method. The basic idea least 15 minutes. In a wok or tablespoons is to have first the wok, and then heavy dry pan, heat 3 oil until a haze forms in the oil. Add the scallions, garlic and ginger root and stir fry about 2 minutes. Add the chicken and stir fry until the chicken is no longer pink. Add a tablespoon of water and cook another 3-4 minutes. Serve with rice. Prepare ahead: Hot and Sour Soup/ from Marianne Suozzi 4 dried Chinese mushrooms 2 squares tofu (bean curd), about 3 inches each Vi cup canned bamboo shoots % Ib. boneless pork 1 quart chicken stock 1 teaspoon salt 1 tablespoon soy sauce V* teaspoon white pepper Record Rack New Releases Front Old Friendsto Hard Times For Lovers Collins by Michael Rosenthal George Harrison /Harrison — George — Judy For her fortieth birthday, Judy Collins bares her body. Although not that much is shown it's enough to draw attention to the album. I hope it will attract people who don't normally buy Collins' albums because this album is worth it. No, it doesn'treach the heights of her superb Judith album. However, it pulls her far out of the doldrums and self-indulgence of Breadand Roses. There are several songs which jump out at you, especially after repeated listenings. The two songs by Hugh Prestwood are excellent vehicles for her voice. They feature excellent lyrics and flowing melodies. The title song was debuted recently on Saturday Night Live. It focuses on the dearth of divorces and separations in today's society. The other, "Dorothy," picks up Dorothy's story 40 years after she returned to Kansas from Oz. Other standouts on the album include "Where Or When," done in a style similar to the chestnuts on Judith, "Happy Endings", which has a nice jaunty rhythm, and "Theme From 'The Promise' (Through The Eyes of Love)". This is definitely one of Collins' best albums. Lately Harrison has taken more and more time between his albums. 33-1/3 came after an almost two year gap and it's been more than 254 years between that album and his current, self-titled album. The sabbaticals serve him well. Missing are the tired, similar-sounding preachy songs. In their place are light, breezy, and memorable pop songs. George Harrison is an album full of memorable tunes. The two real standouts are "Blow Away" and "Love Comes To Everyone". The former cut mixes a down-beat almost pessimistic verse with an uptempo incessantly cheery chorus. By the end of the third chorus it is almost impossible not to join in. "Blow Away" is the current single and it stands a good chance for a lot of Top 40 airplay this spring. Even stronger though is "Love Comes To Everyone" which features a guitar solo by Eric Clapton superior to anything on his recent albums. The song almost has a disco feel, though not enough to alienate those who felt betrayed by the recent successes of Rod Stewart and The Rolling Stones. The song is —smooth and almost sounds like it Three Hearts Bob Welch could have been a This album will not make any Harrison/McCartney new fans for Welch. It is collaboration. This album contains more completely derivitive of his days potential singles and less filler with Fleetwood Mac and his last album. This is not to say the than any Harrisonalbum ever. - 6 Opinion Much 22, 1979 fry the mushrooms about 1 2 tablespoons white vinegar 2 tablespoons comstarch, minute and remove. Add more oil if necessary, then mixed with 3 tablespoons cold stir fry the meat until not pink a water handful at a time, pushing the 1 egg lightly beaten pieces that are done up the sides 2 teaspoons sesame seed oil 1 scallion, finely chopped of the wok. When the meat is done, replace the vegetables and (including green top) mix with the meat. Lower the In a small bowl, cover the mushrooms with Vi cup warm water and soak Vi hour. Discard the water. With a cleaver or knife, cut away the tough stems and slice the tops very fine. Drain the bamboo shoots and bean curd and rinse in cold water. Then cut fine, making long strips. Do the same with the pork, after removing the fat. Have all the above ingredients within easy reach. Combine in a 3 (fuart saucepan, everything but the tofu, pepper, vinegar and egg. Bring the contents of the saucepan to a boil, then reduce the heat and simmer about 3-4 minutes. Add the tofu, pepper and vinegar and bring to a boil again. Recombine the cornstarch and water mixture (mix itup again), and pour it into the soup, stirring until it thickens. Slowly pour in the egg, stirring gently all the time. The soup is ready when the egg is cooked. (If the soup is not hot enough for your taste, try adding hot cherry have album is bad. It happens several good songs. However, Welch will have to grow if he intends to maintain a career which last year hit a peak. The songs that hit on first listening are "Precious Love," "Three Hearts" and "Oh Jenny". All three, however, are along the lines of "Ebony Eyes" in spirit and execution. Repeated listening also brings attention to "Ghost Of Flight 401" and "Devil Wind," peppers.) both of which sound like Fleetwood Mac, circa 1973. The Beef and Broccoli/ only other cuts worth mentioning from Marianne Suozzi are the remakes of the Beatles' "I Saw Her Standing There" and the Marinade: Fleetwood's (not Fleetwood 2 tablespoons soy sauce Mac!) "Come Softly To Me." 2 tablespoons teriyaki sauce Both are fun to hear and are well 2 cloves garlic, minced executed, but add nothing to the 1 /3 cup oil originals. Three Hearts is a good 2 teaspoons ginger root, album, but with Welch's back-up minced and background, it could have ground pepper, to taste been a great one. Vh lbs. flank steak, sliced on; the diagonal, very thin Living Inside Your Love George Benson Combine the above ingredients There is not much to say about and marinate the steak overnight, this album. It is about as perfect or at least a couple ofhours. an album as has ever been made in the jazz crossover vein. Benson's 1 bunch broccoli, cleaned and washed with stems split guitar, singing and scatting are all 1 can water chestnuts, drained first rate. The mixture of vocals and sliced and instrumental works better than it ever has before. The choice Va Ib. sliced mushrooms of songs suits his abilities to a tee. Several familiar songs, especially Prepare ahead: Carole King's "Hey Girl," L.T.D.'s 1 beef bouillion cube, dissolved "Love Ballad" and the old in V* cup water with 2 Righteous Brothers/AI Hibbler tablespoons cornstarch standard "Unchained Melody" In a wok or heavy skillet, stir come across in new and refreshing ways and deserve to be hits all fry the broccoli in 3 tablespoons over again. Only one word will oil until crisp. Remove from wok. communicate in full, what this Add more oil if needed, then stir album requires from you fry the water chestnuts about 2-3 "Buy!" minutes, then remove. Then stir - - heat to medium. Recombine the bouillion and cornstarch and pour into the wok. Stir until everything is heated through. Serve over rice. Stir Fried Squid/ from Michael Brill This recipe is not only delicious, it is also inexpensive as squid costs about $1 to $2 per pound (depending on whether or not it is cleaned) and there is very little waste. To serve two people you will need: 11b. squid 2 tablespoons peanut oil fresh ginger, about the size of a ' walnut 4-5 scallions, chopped into 1 inch pieces 1 tablespoon soy sauce 1 healthy tablespoon sherry 1 tablespoon cornstarch 1 tablespoon water First clean the squid by using a knife to rub off the dark-spotted skin, leaving it white underneath. Slit it down the middle and remove the insides, including the transparent backbone, which looks and feels like a piece of plastic. Next, remove the mouth which is in the center at the base of the tentacles. Cut the squid into 1 inch pieces. Using a wok or heavy skillet, heat the wok over a high flame until you see the heat rise. Add the oil until it starts to smoke a little. Take the ginger and smash it with something so it breaks open. Throw the ginger into the hot oil for about 40 seconds, then remove and discard. Throw in the scallions and stir fry 30 seconds. Add the squid and stir fry no more than 154 minutes, until it turns milky white, stirring vigorously all the time. Don't let it get hard. Add the soy sauce and sherry and stir 10 seconds. Add the combined cornstarch and water and stir another minute. Add a hit of hot sauce if you like. Serve over rice. Editor's Note: Culinary Counsel's next column will be dedicated to the feasts of Passover and Easter. Please share your favorite traditional recipes with those of otherethnic backgrounds. �Short Relief Overexposure Tiring Fans to devote four or more pages to excerpts from a book by Carolyn Rose telling us that Pete eats corn chips in bed and that when he finishes the corn chips he puts other snacks into the same bag so she thinks he is still eating corn chips? Such behavior might well be of interest to Pete's psychoanalyst as evidence of some by Maria Colavito Few words can strike terror into the heart of a press agent or promoter like the word ''overexposure''. The phenomenon, with its political cousin euphemistically referred to as "peaking too soon," has done in many a would-be star. After all, when was the last time you bought Farrah Fawcett shampoo anywhere or saw a Mark Spitz lunchbox for sale at Wool worth's? In sports, where every game or event is an endless combination of rules, strategies, heroes, goats you name it you would think there would always be plenty of legitimate news to keep the workingmen of the press in business. But, maybe as a result of the fact that many stars throughout the world of sports are now being paid like Las Vegas - - long-felt junk food guilt complex but many people would agree that Pete Rose has already exposed himself to one or two people too many (I know that was hitting" below the belt but I couldn't resist.). Anyway, what does all this have to do with the way Pete Rose plays baseball? Still, the main problem with overexposure is that it brings out the worst in everyone involved. The success-starved (or maybe just plain starved) newsperson will, a la Rona Barrett, create news out of sheer nothingness, informing you that your favorite football player wears pantyhose under his uniform (leaving the reason why up to the fertile imagination of the American public). The ballplayer, understandably miffed at being used to further the career of the budding Walter Winchell, becomes uncommunicative with the press, providing its more sleazy members with the perfect opportunity to remind the public that they knew the guy was an headliners, many newspersons overpaid bore all along, and not insist on treating sportsnews in much the same way that has allowed Hollywood gossip columnists to keep the newsmills of the entertainment industry happy. The resulting "sportsjunk" is enough to try the patience of even the most curious sports fan. Baseball especially lends itself to minutiae millions of hungry fans out there keep real and mental statistics on the most seemingly insignificant aspects of the game. Of course, these figures might seem insignificant to others but important to the fan because remembering a strike out or even the pitch thrown on the last at bat of their favorite ballplayer will remind them of bigger and more important things. But even for the more pedestrian fan, a one hundred sixty-two game season really lends itself to endless possibilities for brilliant plays and booted balls, home runs and clutch strike-outs, not to mention injuries, managers getting thrown out of games (and jobs), bean-ball only that, but he's also been losing it on the field. Meanwhile, the public tires of all of this and becomes hostile. Either it learns to resent the press or the players. Every once in a while it can learn to resent a whole team. Or, depending on its mood at the time, be totally amused by their antics. The Oakland A's were the unwary recipients of America's battling sweetheart award back in their prime when it was made to appear that no matter how hard the team was fighting off field, it played like a well oiled machine once on the field. The press milked the contradiction to death how can a team that fights so much in the locker room play so well when they get out there between the foul lines? After all, here was one pitcher whose wife had been insulted by a fellow teammate. The writers who exposed such information and later'expressed surprise when the same pitcher came in and wrapped up a relief wars and the other more subtle win foe the starting pitcher who nuances of the game. had cast doubts on the wife" Why does Sporting News have virtue, clearly expected th> — reliever to come in andlhitafew batters, refuse to cover first on the bunt down the first base line, or perhaps swallow the ball on a bouncer back to the box (I think Bill Lee did that once just to see how. it would taste.), as a way of expressing his disgust (or to just plain get back at the guy). Amazingly enough, most ballplayers are professionals and have kept their personal problems off the field. I don't know why newspeople can't do the same. Then I won't have to suffer through another long season of complaints that the Yankees are like a soap opera (The Yankees probably battle less than Oakland did yet the public tends to have a much more negative attitude toward the Yanks. I've decided that it has something to do with not having Richard Nixon to kick around anymore.), or find out that Steve Garvey and Don Sutton are still fighting, or suffer through one more World Series where I am forced to listen to Curt Gowdy say, "And there is pretty little Cindy Garvey, rooting for her husband, and you can really se the pressure on her face." Wha most fans really want to see is what is happening on the field. Meanwhile some of you might think that I have avoided spring training because the Yankees are 0-7 so far and have suffered through one stretch of some twenty-plus scoreless innings. Well you are wrong. Actually, based on a personal survey I have become very superstitious about spring training. It seems that in years past whenever-: we win big in the grapefruit leagues the team falls apart during the first few weeks of the regular season and vice versa. So I don't worry at all When we lose. Just makes it a little easier for the manager and coaches to weed out the minor leaguers who still need some work. Actually there is some good news coming out of the Yankees spring camp. Catfish Hunter's arm seems to be in good shape and I and many other fans would be happy to see Catfish finish out his career with a good season. Luis Tiant is pitching fairly well (for a guy his age) but I heard some news that he has had to change his something about pitching style not wanting to turn his back on a field full of men in pin stripes for which only goes to too long prove that you have to be careful about what you say or allow your teammates to say when you play in the big leagues, especially to newsmen. . — Can't keep a good man down. Meadowlark Suozzi tosses one in under the unsuspecting eyes of GeorgePriest and Gerry Seipp. Faculty Stars Downed In Court Appearance by John Gruber A^team of third-year students defeated a law school faculty team In basketball by the score of 30-27 (one point for each basket). The outside shooting of the student team proved to be more accurate than the strong inside game of the faculty. The more Phil Halpern and George Priest of the faculty threw their weight around, the more shots the student team threw up from the outside. Much of the student scoring was done by Stu Markowitz as he had the correct zip code on several shots telegraphed in from long distance. But, not to be outdone, when Markowitz didn't have the ball, Downtown Bill Brooks also proved to be accurate while seemingly shooting from the corner of Maple and Millersport. The students built a first half lead largely on the fast break. But shortly after the second half began Lee Albert sat on the ball (literally) and wouldn't give it up until the fast break was outlawed ■, for the rest of the game. Thus, with the luxury of walking the ball down thefloor the faculty set up their domination of the backboards and came within one point of the students late in the game. But this was the night the shots would fall for the students. While moving away from the basket Jason Poliner scored as he flipped the ball over his shoulder without looking. Paul Suozzi,"-swished one through while lying flat on his back. Other noteworthy efforts include the ball-handling ofAlbert which will not soon be forgotten and the hustleof Gerry Seipp who converted many loose balls into scores for the faculty team. Seipp was a latecomer to the faculty team having at one time declared he would not play in this game. Apparently he settled his contract differences with his coach Allan Canfield. Rumor has it those bright green shorts Seipp was wearing were part of the contract settlement. After all the pre-game talk, Markowitz, Gilbert, Poliner and Gruberask, where was Lacher? - Faculty team huddles at halftime.l. to r.: Allan Canfield, Lee Albert, Nils Olsen, Bob Berger, George Priest, Gerry Seipp, Phil Halpern. jjn. Much 22,1979 Opinion 7 �AllenWon't Return Priest Takes Leave - continued from page one individuals who received positions had "very high recommendations as teachers," he added. The two visiting faculty will teach Torts and general commercial law courses, Priest said. Leaves of Absence and Sabbaticals Six faculty members are presently planning to go on sabbatical or take leaves of absence next year, according to Dean Thomas Headrick. Thorne McCarty and Lou Swartz will take one year sabbaticals. Priest, a nontenured faculty member will take a full year leave of absence. James •"'' Atleson will take a half year sabbatical. The leaves of Janet Lindgren and John Schlegel are contingent on their receiving tenure later this "However given the financial situation of the University I am not pressing for them at this time." Headrick noted if "we find candidates whose qualification! are outstanding" and they are ir the position to accept offers he "would push the administration to honor their commitment." Ron Allen, formerly a criminal law professor here and currently a visiting professor at the University of lowa Law School, has accepted a full time position at that school, according to Headrick. Because Nils Olsen will resume teaching and Philip Halpern will continue teaching Criminal Law SBA reps assume stately pose on State House steps. next year the Appointment Committee feels Allen's departure will not create a void in criminal law. • Priest will be a visiting continued from page one assurances from higher-ups in professor at UCLA next year. He residents are leaving the state to year. Albany that there would, in fact, Part time appointments to fill will teach commercial law and a secure their legal education as a be no increase in tuition. the vacancies of faculty on leave seminar on the theory of common result of increasingly rising costs. Assembly majority leader Dan The Dean's study concluded that Walsh stated, "The leadership in will not be made until May or law, he said. "I plan on returning in an increase in resident tuition the assembly has conferred on this June, according to Priest. "We have a commitment from 1980-81," Priest said, adding that would deprive potentially superior subject and decided there will be the university administration for he likes it here. However, he law students, who cannot leave no hike; and even if there was an two additional full time noted there is a chance he would the state, of an opportunity to increase for the general university positions," Headrick said. stay at UCLA. enter the legal profession. As a community we would find a way result, the quality of the law to immunize the law school." school and the legal profession of Marlin is, however, somewhat the state would be lowered. wary: "Anytime you're dealing In addition to these studies a with any political situation no financial aid profile of the law issue is decided until the final vote school was contributed by Kathy is tallied. Sure, the Senate leaders Drumm, student financial aid and others in Albany promised advisor. The study demonstrated there would be no tuition increase Sunday, March 25, 1 that 485 of 760 law students to be translated into a final (63.7%) here have either an NDSL but masque, Bardic circle, vote is quite another story." HYSHESC loan. Basically,' Marlin and/or quickly reiterated, "We are Dance demonstration Kathy Drumm's work showed extremely confident; we made an that the proposed $200 increase, impact down there and our and Refreshments multiplied over three years, with presence was felt; we did the added cost of inflation, would everything possible." cause students to seek less Wolffe, Marlin and others expensive law schools. Sponsored by the Browsing Library, Division of Student Affairs and on this dilemma feel working The Squire/Amhent Division of Sub-Board One, Inc. The delegates from the law that the Dean should strongly school received promises and personally visit Albany to talk to SBA Impact Felt In Albany — . MEDIEVAL NEW YEAR'S FESTIVAL — 4PM A 167 MFAC Ellicott Complex The Student Dor Association presents Law School Night This Saturday — March 24th 6:oopm shorp Deer, Chips, Pretzels Doors Open 5:30 Talbert Holl Dining Room — followed by: SDA PARTY — 9:00 1:00 ■ Drinks, Food, Music Talbert Holl A WIHP & CRAZY Time! 8 Opinion Much 22,1979 the political leaders. Marlin put it this way, "We feel the time is ripe now for the Dean to go down to Albany and talk with the key leaders in the legislature and senate. Our feeling is that if the Dean will personally go he can put the final nail in the coffin as far as eliminating the possibility of any tuition hike." So what does all this mean? Stated simply it means, in all probability, there will be no tuition hike for this law school. It means our voices were heard and respected in Albany. It means that the SBA and "enfant" Wolffe-Marlin administration is off to a good start working on their first major task constructively, cohesively and positively in our best interest. If this is any indication of things to come then we have chosen good student leaders. In this respect there is no reason why the SBA should not continue the positive growth that was stimulated during Tony Leavy's administration. Tuition Hike to Affect Law School's Future — continuedfrom page one graduating from law school who are having a difficult time in getting jobs, and when they do, the typical salary for a starting lawyer is $10,000 to $16,000. A few graduates draw salaries like $30,000 at a small number of New York City firms, but these jobs go only to the best students and disproportionately to Ivy League law graduates. Most young lawyers have a difficult time paying off large school debts arid making ends meet in their early years of practice," she said. "The idea of law students making lots of money once they get out of law school with fancy jobs is a myth for the overwhelming majority," Wolffe said. Wolffe noted there was no guarantee the Tuition Assistance Program (TAP) would be raised since the action of the Trustees was not a legislative action and would not automatically trigger an increase in TAP. "Once again the poor and middle income students will be hit the hardest," the law school student president said. She pointed out most of the students at the iaw school are already carrying heavy loan burdens. "With no guaranteed increase in TAP, with no additional loan increases from the State, the student who is financing his own education is going to find it that much rougher," she said. The Dean pointed out an increase in law school tuition for its 750 students would net the State at most $150,000 which he said was "outweighed by the serious negative effects it could have on the lives of able students and the law school. "Public support for education allows qualified students to have access to quality education and professional careers. By increasing our tuition on top of the already high tuition at the law school, we will deny that opportunity to a number of young people," he said. "I have a feeling," Headrick said, "that because of our small size that the law school tends to get lost in the budgetary process and that's why I'm speaking out. Maybe somebody in Albany will listen." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-03-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/22/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/77981f638b3d041893af3cfb18c20027.pdf bb5974123241a12169bb3c3db95a6100 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 12 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University ofNew York at Buffalo School of Law April 5,1979 ApplicationsDecline For Law Admission by Mike Berger The number of applications for admission to UB law school has declined for the fourth year in a row, according to figures released by Charles Wallin, assistant to the dean and registrar. Approximately 1,400 applications will be received this year, a drop over 50 per cent from 1974-75, the year in which the most applications were received. Since 1974-75, LSAT administrations have declined 23.4 per cent, according to a report by Dean Thomas Headrick distributed to various legislative aides March 22 in Albany. The number of LSATs administered is an indicator of the number of people applying to law schools nationwide. According to the dean's report UB law school applications have declined by over 45 per cent since tuition was raised from $1,600 per year to $2,000 per year in 1976. Headrick speculates applications are down as a result of four factors: the national decline in law school applications, the decline in the amount of law schools to which individuals are applying, the printing of concrete admissions criteria which discourages people from applying who feel they have little chance of gaining admission and the last tuition increase. Headrick noted the projected tuition increase next year will likely have a negative impact on the number of applicants. "We are losing applicants who had little interest or expectation of coming here," Headrick said. Wallin did not think the last tuition increase was the sole reason for the decline in the number of applications, noting some people who were accepted ;at Buffalo had chosen to go to Syracuse University Law school, which costs $4,150 per year. Wallin speculated the decline might be the result of several factors, including the Blizzard of 1977, the declining impact of the increase in the number of women applicants and the increasing difficulty of law school graduates in obtaining jobs. "There is no one thing which we can put a finger on which has caused the decline," Wallin said. Despite the decline in applications in the last several years the median scores have remained stable, according to Wallin. The median grade point average (GPA) for the class entering the law school in 1978 was 3.35 and the median LSAT was 617. The median scores for the class entering the law school in 1974 was GPA of 3.32 and LSAT of 621. However while the average LSAT score has remained stable at the law school the average score nationally has risen. The law school has stepped up its recruitment efforts to combat the decrease in admission continued on page three — New Law Review Editorial Board took office after last Friday's elections and beer blast. Front (I. to r.): Joe Mari, Dave Abbott, Diana Goldwasser. Middle: Dennis Koeppel, Ruth Kennedy-Daise. Rear: David Wynn, Tom Kelly, Wayne Lopkin, Sue Lankanau, Phil Mclntyre, Howie Grossman. Sea Grant Output Questioned by Jay Marlin Is the Sea Grant Law Center a terrific program bringing lots of money into the law school and providing exciting opportunities for law students or is it a poorly managed program which has accomplished little for the money spent, filled with students who did nothing for the approximately $1,200 summer stipend they received? A series of interviews between the top editors of Buffalo Law Review and the co-directors of Sea Grant ■ have turned up a surprisingly contradictory view of Students Fund Summer Positions Friday, April 6, is the deadline for the submission of applications to the placement office by students who are interested in doing public interest work this summer under the auspices of a pilot law stipend program launched by the Student Bar Association (SBA) and the Buffalo Law Review. Two types of positions will be considered for funding under the program. The first type is a full-time clerkship at Legal Services for the Elderly, a non-profit group in downtown Buffalo. The second would include any individual public interest projects in the Buffalo area suggested by applicants. An application should include a resume, a list of grades to demonstrate good academic standing and a one-page statement of interest in the job. If an individual project is proposed, the application should also include either a detailed outline of the project or the name and description of the agency for which the student proposes to work. Interviews will be announced on April 16. A stipend of about $1,500 will be paid to those selected for positions. The pilot program began as a joint effort of SBA and Law Review in response to inquiries by some students concerning alternative sources of funding for public interest jobs. SBA plans to allocate $1,500 in student fees to finance one position. Law Review has already raised more than $1,500 in pledges from, its members for a second job. Members of the Buffalo Legislation Project and the Moot Court Board have also expressed interest in donating to the program. Other students who would like to help may pledge by contacting Ruth Kennedy-Daise in the Law Review office. If enough money is raised, a third position may be funded. If any of the students selected under the program are eligible for work-study money, the amount of the work-study grant would free that much money to be spent on yet another position. Selections, however, will not be made on the basis of whether a student has alternate sources of compensation. If the pilot program is successful, additional sources of funding will be sought next year. In the future, the hope is that the program will fund entirely projects proposed by students. To help insure the success of the pilot, however, Law Review has committed its $1,500 to financing a position at Legal Services for the Elderly. Since there is so little time for students to develop creative projects this year, the concrete position is seen as giving stability to the program. what Sea Grant is and what ithas accomplished. But what is Sea Grant? By its own definition, the "Sea Grant Law Center is a section of the New York Sea Grant College, which is funded by the National Oceanic and Atmospheric Administration of the Department ofCommerce." "The function of the Center is the study of the legal aspects of the exploitation and management of our marine and coastal area resources." Sea Grant lists its publications as follows: 1975 Sea Grant Law Center published a selected bibliography on the subject Coastal Zone Legal References, which was updated in 1976. 1976 The first Sea Grant journal published in December 1976, was composed of research articles written by 1975 Fellows. According to Professors Milton Kaplan and Robert Reis, co-directors of Sea Grant, the 1978 Sea Grant Law and Policy Journal is at the printers and should be available by the end of this semester. In addition, Sea Grant is preparing a set of bibliographies which would supplement the journal, and plans are underway for a 1979 Sea Grant Law and Policy Journal. The criticism of Sea Grant by Law Review Editors Greg Yawman, David Shapiro, and Larry Goldberg centered on the lack of published articles Sea Grant has produced over the past several years. They maintain there is a lack of direction and control over the twelve individuals who collect the $1,200 summer stipend. Re is and Kaplan admitted there were some problems in the past, but maintained the problems have been recognized. The criticism that Sea Grant has not published enough stems from a misunderstanding of the program, they said. Kaplan cited several reasons why he thought Sea Grant has not - - GregYawman published ' - mike shapiro extensively over the several years. past "Either the pieces were slow to develop since they were not seen as publishable by those in Law Review, or it simply took usa lot of lead time to develop the articles," Kaplan said. "Our output has been disappointing to me, but we're confident we're now on the right track," Kaplan said. Part of Sea Grant's problem according to Goldberg is most of the Sea Grant and Law Review people are the same. "It's impossible to write two articles, and since the Sea Grant program always ran into the fall, it would conflict with the individual's obligation to the Law Review," Goldberg said. In response to a lack of published articles by Sea Grant, continued on page three - �- Vol. 19, No. 12 • Editor-in-Chief April 5,1979 Jason Poliner Managing Editor Randi Chavis News Editor: Alan Nade.l Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Bill Brooks, Paul Bumbalo, Rosella Brevetti, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel, Ted Tobias Staff: Contributors: Mike Berger, Michael Rosenthal, Ricky Samuel, Jr. Copyright 1979|, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Letters To The Editor Simulated Interviews Complimented To the Editor: We have been inundated with compliments on our new program, where a student can be video taped while participating in a simulated interview. Unfortunately, only a few people are taking advantage of this opportunity. Compliments don't mean jobs. Good interviewing In the face of anticipatory departure anxieties the current editorial board must bid you farewell. It has been a year mixed with much pleasure and frustration. The pleasure largely stemming from the gratification of bringing to a focal point issues of great concern to the law school community. The frustration largely stemming from the desire to be newsworthy, and present news that is not stale, and having to contend with a bi-weekly publication. Sometimes, perhaps too often, the frustration was a result of working with a skeleton staff. The former problem is due to inevitable financial constraints and is largely unavoidable. It is the latter source of frustration that is more difficult to accept. Things do not always run smoothly, and when they do not the burden falls to those on the editorial staff. But, a newspaper that is content with the status quo and is not frustrated in one capacity or another must seriously question its impact and importance to those it serves. The new editorial board has been selected and it will be their function to present the next issue. There are many good people who have committed themselves to bring the news to you (and sometimes even the not so newsy). These people cannot do it alone. It is essential for their mental well-being that they receive contributions, and form a substantial staff. Despite the fact that the paper only comes out every two weeks, and we take pride in having met every deadline in the past year, it requires continuous input. With a larger staff, working for the paper can provide a great diversion from the trials of everyday law school life. As a final note, we would like to thank everyone who has contributed in the past year and we hope that the current student body will provide at least as much support, and hopefully a little something extra. first and get an extra advantage. No one will see the tape but you, unless you wish to review it with the interviewer. This program is not designed to embarrass anyone, but rather to help everyone who chooses to participate. AlanS. Carrel Audrey Koscielnlak LaValle Discusses Dental Education The following letter was received by Leslie Wolffe in response to her letter written to Senator LaValle concerning the proposed tuition increase for the law school. March 20,1979 Out With The Old, In With The New skills do. We realize this is not an experience people look forward to, but neither is interviewing. It is because the latter is essential to obtain a job that the program becomes so important. You may not wish to see what you look like when you're being interviewed, but every prospective employer must. Why not look at yourself Dear Ms. Wolffe: Thank you for writing and expressing your position on increased state monies for private dental schools in New York State. There is no doubt these schools aid to $3300 per student at an are an important resource and in additional cost of $1.2 million. recognition of their key role, the We are now exploring the needs of State provides $12 million to New both public and private dental York University and Columbia education, the extent of dental University; $1500 for each shortage and maldistribution in student in the first two years of the State and the implications of dental school and $2500 for each increasing aid for dental education student in the last two years of on other forms of health science dental school. In addition, Bundy education. Please be assured that your aid of $3100 per graduate is awarded annually to each of these views will receive serious consideration in our deliberations. institutions. Recently the State has been asked to increase dental capitation Kenneth P. LaValle President's Corner Students Respond To Letter Campaign not be able to afford, because very relevant issue. The vote in they generally do not pay very the legislature on the budget took well. Contributions by the Law place April 1. From all indications Review and SBA have made it every effort will be made to insure possible to subsidize several law school tuition will not be by Leslie Wolffe Public Interest Law The Student Bar Association (SBA) recently voted to support and fund internships in public interest law in coordination with the Law Review. Tony Leavy and Ruth Kennedy-Daise, along with the SBA Public Interest Law Committee, have developed a pilot program designed to give interested law students the opportunity to obtain summer employment in the area of public interest law. These are positions most students ordinarily might students this summer. Applications for this project are now being accepted. This is the first time SBA has gotten involved in a project of this kind. The project, with its potential benefit to the community, and law students involved, may well provide a new direction for the members of the SBA and the student body. Law Revue increased should there be a general SUNY tuition hike. This is not a guarantee, but our impression of the situation. The student response to the SBA letter writing campaign was extremely positive. That kind of community effort may very well prove to be a deciding factor on this issue. We hope to be able to count on that level of student involvement for the coming year. Congratulations are due to Ted Donovan, Michelle Silver and John Batt for the Law Revue Show and Party held March 24. Attendance was terrific, the show was a success and everyone seemed to have a great time. The question all week has been "when's the next party?" Orientation The orientation committee will begin to plan for next year's incoming class. If you have any ideas for activities or programs at orientation, or would like to work on the committee, please contact the SBA office, or leave a note with your name and mailbox Tuition Increase number in Box No. 769. We'll be in touch after vacation. Have a The tuition increase is still a good vacation! M*ra «v^ «xws rMxrs . <rxxrs «>«^» «xwa co»<r» «xw» tiXM? c\#o Commencement Announcement ,, Commencement will be held at Artpark, Lewiston, New York on May 26 at 1:30p.m. Parents I and guests are invited to attend. Each student will receive 10 invitations. Information about motels, eating places and Artpark activities will be available after Easter recess. t The commencement speaker is Matthew Jasen, associate judge, N.Y. Court of Appeals. Music will be provided by the University brass ensemble, and a social hour will be held after the event. Students should arrange to rent their gowns through the bookstore by April 17. After April 17, a late fee wiM be charged. The decision to wear gowns was made by student vote, as was the choice of w the site. Students are therefore encouraged to wear the regalia. A Barrister's Ball is being planned in conjunction with commencement. It is tentatively scheduled for May 24 at the Buffalo Athletic Club. Further information will be forthcoming from Carol Egan and her committee. f Seni°rS Wh° d 1 for their Braduation Photos may still arrange to have them taken by c,anOOm th Cindy The si»n-uP deadline is gZ 20. A second sitting will be arranged based upon the sign-up. A graduation rehearsal will be held prior to commencement the in Moot Court room. Students who have questions should see Allan Canfield. €**K9 o*4o O#V9 C^*V9 CMK9 O#V5 «X»V9 O*V» O«K9 «XKJ £ £* , , 1 ! TZ , fa^ '-V' >nA I 2 W' Halm- AP"I \ J « \ V 5 f J a < I 0 «j i S • 3 f «-Nl*3 2 Opinion April 5,1979 �Admission Scores Are Stable - continued from page one Student Affairs Alan Canfield applications, Wallin said. visited 13 undergraduate schools "Up until two years ago we in New York state, primarily to had more people than we could recruit minority students. accommodate," Wallin said. Canfield noted there is a big "Obviously if the decline gets steeper there will be a real problem." "Many people are unaware of the existence of this law school," Assistant Dean and Professor William Greiner said, noting the school has very low visibility outside the SUNY system. Although the law school has a "very high reputation among other law schools and among law firms" it is not well known to pre-law advisors at undergraduate institutions, Greiner said. "Materials were sent to every pre-law advisor in the Northeast," Wallin said. In addition a pre-law advisors workshop was held last fall which 21 advisors attended. "We never had tried this market of native New Yorkers who go outside the state for their undergraduate education but want to return to New York to go to law school. Thus far, Canfield said, we have not been able to attract this student to the law school. "We will get a good student body but it will be more difficult," Greiner said. According to the 1978 Study of New York State law school applicants, Buffalo law school's most significant competition for students already accepted were law schools in Boston and Washington, O.C. Despite the decline in applications Wallin said he doubts "whether the State of New York before," Wallin said. would provide the law school with In addition Assistant Dean of a full time recruiter." SBA Votes For Option In Insurance Coverage Brevetti To ascertain student sentiment on the controversial abortion coverage issue, Student Bar Association (SBA) conducted a health insurance survey before voting on March 22. When the ballot boxes closed, 255 students had returned the questionnaires. Although the turn-out may not be indicative of the majority view, certain trends were observed. Under the present UB health insurance program, students wishing to be exempt must demonstrate coverage under a private program. In response to a question asking whether the University should continue this mandatory insurance coverage, a majority of 130 answered yes. A clear majority, 181, felt abortion coverage should be included in future University health insurance by Rossella community. The Board meeting was attended by Coalition for Abortion Rights and Against Sterilization Abuse (CARASA) and other interested parties who participated in the heated debate. Each issue was discussed by board members followed by a general discussion open to all present Before deciding the abortion issue, the board voted to continue mandatory health insurance coverage. After this issue was resolved, Tony Leavy spoke in favor of an opt-out insurance plan for those who were "religiously, or morally philosophically, opposed to First Year Applications 1979 1978 1977 1976 1975 1974 1400 1717 2122 2370 2241 2711 . Median Scores First Year Class 1978 1977 1976 1975 1974 Regular Admits GPA LSAT 3.35 3.45 3.49 3.35 3.32 617 620 617 625 621 mike busttus Claims, Professor Albert R. Mugel, and Stephen Miller, Internal Revenue Service, hear law students argue tax briefs. The best presentation was made by Duquesne University Law School. Sea Grant Problems Cited — continued frompage one last year the decision was made to ■merge Sea Grant and Law Review so there could be a greater degree of coordination. Top editors of Law Review received a stipend from Sea Grant over the summer while working on Law Review and monitored Sea Grant fellows and theirwork. According to Yawman, the merger "made sense," he said. "Enough articles were written so that Kaplan and Reis decided they could publish their own journal," after the merger. However, Goldberg questioned the quality of the material accepted for the Sea Grant Journal. "It was pretty low grade material, stuff we wouldn't dream of publishing," he said. Shapiro added, "Our editorial process is more rigorous." The lack of responsibility on the part of some students abortion." Leavy remarked the opt-out plan would satisfy both sides, protecting a women's right to have an abortion while at the same time not offending those morally opposed to abortion. After Leavy had sopken, board The question which generated members exchanged views with the most debate at the SBA CARASA representatives. Some meeting was the one asking board members questioned the whether some type of option validity of the survey. One should be provided with respect CARASA member expressed the to abortion coverage. At present, view the survey was biased. An there is no provision in this year's SBA representative felt the survey insurance program for anyone shouldn't carry any weight since who does not desire abortion the "majority shouldn't decide minority rights." At the coverage. One hundred and twenty-two conclusion of thefloor discussion, students voted for the option no consensus of opinion had been while 131 voted against any reached. After hearing the various option. A majority of 123 students felt that if an option was arguments, the SBA voted against included it should apply to any mandatory abortion coverage in favor of an opt-out provision. The student The abortion question is one opt-out plan for abortion coverage which will have ramifications was voted down at a Sub Board throughout the student meeting on March 22. NOTICE Applications are being solicited for the position of instructor in the 1979-80 first year research and writing program. The program will be conducted during parts of both semesters, commencing late in September 1979. The work will be concentrated in periods totaling about 16 weeks between then and April 1980. The stipend will be $1,500. Applicants should submit to the placement office on or before April 27,1979: 1. A Resume 2. A Writing Sample 3. A statement indicating extracurricular commitments of the applicant during the 1979-80 school year. Preference will be given to third-year students. - Mugel Competition judges, I. to r., Judge Louis Spector, Court of plans. - mike shapirc Larry Goldberg accepted into the program was another problem with Sea Grant, according to Goldberg. 'The real problem started this past fall when we hadn't even gotten first drafts from a number of individuals. We told people they would be expected to work 40 hours per week on Sea Grant during the summer, and that it would probably run into the fall,": Goldberg said. "Everyone was aware of their responsibility. They had an oral contract to come up with a piece of suitable writing. Certain people we never saw in the library and we started to get worried. My feeling is that the $1,200 is a very sought after position, and the individual who accepts that position owes to Sea Grant, this law school and us a bona fide effort," Goldberg said. "Two people felt their obligation ended with the first draft," he added. "Other people did minimal work not worth $1,200,"Shapiro said. "If they're on Law Review, we have intermediate sanction threats deny them credit, or deny them - promotion," Yawman said. "We have no sanctions for Sea Grant people who did nothing in the fall and summer." But what the editors of the Law Review did do in the fall was ask Kaplan and Reis to place a letter in the file of students who had not made a "bona fide effort." Yawman admitted "this was a very serious matter," but pointed out it was done in only a few cases. Shapiro pointed to a "lack of communication between Law Review people and Reis and Kaplan as part of the problem." He' acknowledged part of the fault lies with Law Review. He said, "The program is not structured enough. Part of it is our fault and part -is Reis and Kaplan's fault, but we are doing something wrong." Despite all the problems he sees with the program, Goldberg would, not want to see the program eliminated. "It's simply too profitable for the school," he said. He pointed to a new world processor which Sea Grant funds will bring to the law school. Kaplan and, Reis argue that besides publishing, Sea Grant has performed a very important "educational mission." "We've held seminars and conferences, have worked on special projects for the State of New York, and have prepared our people so they can go out and speak to groups on the topics they've been working on," Kaplan said. The three conferences conducted by Sea Grant at the law school were on Power Plant Siting, Coastal Zone Management and Great Lakes Shipping, which were well attended, Reis said. Kaplan noted both the New York Sea Grant Institute and its national arm regard the Buffalo Sea Grant Program as "one of the best in the country." One project in particular the Sea Grant fellows worked on was a proposal to build a major port facility off the New York and New Jersey shore and the legal questions surrounding the construction of such an island complex. "It isn't just publishing on someone's perceived scheduled that measures the value of the year's program. If the ground rules said that every student who got a fellowship must publish something, then if you looked at it that way it's a dismal record," Kaplan said. Kaplan pointed to the 1979 Symposium issue of Buffalo Law Review and the Sea Grant Law and Policy Journal to indicate where many of the articles written by the fellows over the past couple of years will be published "I think," Kaplan said, "thai people are taking unfair pot shot; at the program instead of taking shots at the individual students This is a law student problem." "I don't know anyone no\ who is not producing. We ar doing the best we can under th circumstances, and in terms c output, the current people will b productive," said the senio professor. Reis echoed Kaplan's point that publishing wasn't the sole goal of the program. He cited the work of the Sea Grant fellows in working with the New York Department of State on the legal questions surrounding! extending the coastline in conjunction with New Jersey, and of the legal questions surrounding the extension of the Erie Canal. "For our 1979 trainees," Reis said, "we will have to cut down on the magnitude of the tasks assigned to them. Instead of playing it by ear as before, we will now have a tracking mechanism. "If you compare Law Review to Sea Grant, you have to notice that Law Review articles are of a small to moderate size, while ours are major policy pieces," Reis said. "We're closer to schedule than most law reviews and we don't go outside the law school for articles," he added. Reis pointed out Sea Grant is the only "undergraduate law program in the country, which provides support for student research and training within the law school." "If people can't publish their stuff in the law review, then it can be published in the Sea Grant Journal," Reis said. He added the biggest problem is "we have too much stuff to publish, so we have to hustle for the money." "Tell me another law school where an 81 page piece by a student can be published?" Reiss asked. "Look," he said, "there's always someone who takes advantage. If there's a problem we will deal with it. Statistically, the program does well. And, we are even having students come to the law school just for Sea Grant We know because they talk to us before they decide to come here. This can only be a positive factor for the school." ' ~4e April 5,1979 Opinion 3 �LawR The evue The second annualLaw Revue was an unqualified success. The many talented and not so talented but enthusiastic law students, faculty and staff provided an evening offun a and entertainment. Hidden talent at the law school includes magicians, comedians, belly dancers, tap dancers, musicians, nude law professors and vocalists. Emcees Ken Patricia, Ricky Samuels and Ken Turek kept the show rolling smoothly along with their professional patter. And the band would have made Dizzy Gillespie proud. Thanks to all who made the evening possible. 4 Opinion April 5,1979 �April 5,1979 Opinion 5 �Culinary Counsel A Culinary Celebration of Passover And Easter 1 medium carrot Vi medium onion bunch of fresh dill bunch of fresh parsley salt and pepper Grate the carrot and onion in with the egg, matzoh meal and water and mix. Finely chop lot 3 tablespoons of the fresh dill and add. Chop a little parsley and add. Mix all ingredients thoroughly. Salt and pepper to taste. (If the mixture is too thick, add a little water.) Stuff a bird. by Paul Suozzi The holy days of Passover and have very special significance for the members of the Jewish and Christian faiths. Both commemorate pivotal episodes in the lives of their respective followers. For Jews it was the passing over of the angel of death and their escape from Egypt. For Christians it was the resurrection of Christ and the redemption of man. As might be expected, these events have an impact on the kind of food served during the season. Passover is characterized by matzoh unleavened bread. It is made without yeast or other leavening agents in remembrance of the fact that the Jewish people had no time to let their bread rise while fleeing bondage in Egypt. Easter marks the end of Lent, a period of penitence and denial. The joy associated with Christ's triumph over death is characterized by the use of sweets and meats, things given up during Lent. The following recipes are only a small sample of the kinds of traditional foods consumed during this time of year, but they are delicious and well worth the preparation time. Easter — Grandma Konefsky's GhettoStuffing/ from her grandson Fred Warsaw Neapolitan Easter Cake/ from Marianne Suozzi Pastry: 2 cups flour 4 tablespoons sugar 'A Ib. butter 2 egg yoks Filling: Vi cup rice 2 squares baking chocolate 1 Ib. ricotta cheese 114 cups sugar Flour a board and roll out the remaining pastry until about V* inch thick. Cut into 14 inch wide strips using a pastry cutter, and place them lattice fashion on top of the ricotta. Bake for one hour. Cool before serving. Basic Sweet Dough/ from Tanya Miller 1 cup milk, scalded Sweet Rolls: Take half of the above dough and roll into a rectangle 12x15 inches. Spread with melted butter, brown sugar and cinnamon. Roll up jelly roll fashion. Slice into % inch slices and place cut side down on greased pan. Let rise until double and bake as above. Frost with confectioner sugar icing. (1 cup sugar, 2 tablespoons milk, Vi teaspoon vanilla) Matzoh Balls/ from Jeff Singer This very traditional passover food is usually added to chicken soup. However, any soup stock will do. 14 cup matzoh meal 1 teaspoon salt 2 tablespoons chicken fat (or 2 tablespoons vegetable oil) 2 eggs 2 tablespoons soup stock In a bowl combine the matzoh meal with the salt. In a separate bowl, mix the chicken fat (which you have skimmed from your soup) or the vegetable oil with the eggs. Combine with the salt and matzoh meal until well blended. Add the soup stock and blend well. Refrigerate the mixture at least 20 minutes. In a three quart pot bring salted water to a brisk boil. Keeping your hands wet, form balls with the mixture (about eight). Drop the balls into the briskly boiling water, then turn heat down slightly until you have a low boil. Cover and cook 30-40 minutes. Remove from pot and add to the soup five minutes before serving. Ricotta and Salami Pie/ from Marianne Suozzi This recipe is an old family Filling: tradition that stems from a lack of 1 dozen eggs choice items for a stuffing, rather 1 Ib. ricotta cheese than a lack of imagination. In 1 Ib. Genoa salami, diced other words, anything handy was !4 Ib. mozarella cheese, sliced thrown in since very little else was 14 Ib. Parmesan cheese, grated available in that neighborhood. Crust: Empirical evidence: Atleson Vh cups flour 3 tablespoons shortening played his banjo for three enough warm water to form consecutive days and nights after sampling this. On the other hand, dough it had no measurable effect on Beat the eggs and add the rest of the ingredients. Mix well. Roll Schlegel. out the dough and line a 10 inch pie plate. Pour the filling into the 1 egg pie plate and bake one hour at Vi cup water 325 degrees. %cup matzoh meal 3 eggs 2 egg whites (from above) 1 tablespoon candied citron 14 teaspoon cinnamon 1 lemon rind, grated 1 teaspoon vanilla First make the pastry. Mix the flour, sugar and butter until crumbly. Add the egg yolks and form into a ball. Set aside. Cook the rice, then, using a colander, rinse it with cold water. Set this aside to cool. Melt the chocolate in a double boiler and set aside to cool. Preheat the oven to 350 degrees. Put the ricotta into a large bowl and beat with an eggbeater until smooth. Add 1 cup of sugar and stir in the eggs until well blended. Add the citron, cinnamon, lemon rind, chocolate and vanilla. In a separate bowl, whip the egg white left over from the pastry with the remaining sugar until stiff. Then fold them into the ricotta mixture. Then fold in 'the rice. Take 2/3 of the pastry, roll it into a round and put it in the bottom of a buttered, 10-12 inch springform pan. Using your fingers, spread it out carefully along the bottom of the pan and up the sides about Vh inches. Pour in the ricotta mixture. 14 cup (one stick) butter or Dinner Rolls: Take half of the above dough 14 cup sugar margarine 1 tsp. salt 14 cup warm water 1 pkg. dry yeast 1 egg 4-5 cups flour (enough to make kneadable dough) To the scalded milk, add butter, sugar and salt. Cool until lukewarm. To the V* cup warm water, add the dry yeast and let stand until the yeast is dissolved. Combine the milk mixture and the yeast mixtureand add the egg and half of the flour. Beat vigorously until the batter is smooth. Slowly add the rest of the flour until the dough becomes a little stiff. Keep adding flour until dough loses its sticky consistency. Turn out on floured surface and knead dough for 10 minutes. It should be very soft and smooth. Put into a greased bowl and grease the surface of the dough so that it will not form a hard crust. Put in warm place and let rise until it is double. Punch down and shape into desired rolls, coffeecakes, etc. This dough is excellent for making plain dinner rolls too. After shaping as desired, let rise again until double. Then bake in preheated oven at 375 degrees for 20-25 minutes. China Revisited Better Late Than Never Here are a couple recipes which came in too late for the last issue. three minutes. Add mushrooms and then cashews. Serve with rice. Serves 4. and roll into a large circle. Cut into 15 pie shaped pieces and roll up starting at the large end of each piece. These form crescent shaped rolls. Let rise and bake as above. Another kind of dinnerroll is made by cutting dough into pieces which will form an inch and a half ball. Roll the piece of dough between your hands until it is about 4 inches long and 14 inch around (like a piece of rope). Form this into a knot and place on greased baking sheet. Brush with beaten egg and sprinkle with sesame or poppy seeds. Let rise until double and bake as above. This dough keeps well in the refrigerator for two to three days. After making as above, put it in the greased bowl and cover. Then store in the refrigerator. It will rise while there. Punch it down if itoverflows the bowl. Editor's note: Culinary Counsel's last Issue of theyear (perhaps last Issue ever) will be dedicated to dessert. Please share your favorite dessert recipes with your colleagues and friends by dropping them off In the Opinion office, Room 623, by April 17. ... . 1 small bunch broccoli 2 stalks celery Slice meat thinly across grain. Marinate in mixture of soysauce, Beef with Chinese Vegetables/ sherry, cornstarch and sugar for 1 chicken breast partially from Judy Subjeck 20 minutes. Break flowerettes off frozen broccoli and quarter. Peel stem of 1 Ib. sirloin steak, partially broccoli, discarding woody parts. 1 tablespoon sherry frozen 1 teaspoon cornstarch Slice stems thinly. Slice celery 3 tablespoons soysauce thinly. Vi teaspoon salt 2 tablespoons sherry 'A teaspoon pepper Stir fry beef for about three 1 tablespoon cornstarch minutes. Remove beef from pan. Vi Ib. mushrooms, sliced Stir fry broccoli and celery. Add Vi teaspoon sugar 1 cup cashews (or almonds) 3 tablespoons oil cabbage and pea pods. Add beef. Skin and bone chicken. Slice 1 cup shredded Chinese Stir fry until broccoli is cooked to thinly. Marinate in mixture of sherry, cornstarch, salt and cabbage crunchy stage. 1 pkg. pea pods, thawed Serve with rice. Serves 4. pepper. Stir fry chicken about Chicken Vegetable Ding/ from Judy Subjeck Opinion 6 April 5,1979 �Short Relief Is A Bird In Hand Worth More In The Stands? by Maria Colavito Most of us remember the first big Bird craze it began a couple of years ago when the Detroit Tigers came up with a promising young pitcher named Mark Fidrych, who was dubbed the Bird. He was' touted as the man who would thrust the Tigers into contention in the American League. As an added attraction, he held the promise of pulling the Detroit franchise out of the financial doldrums in which many non-championship teams find themselves. Games in which the Bird was scheduled to pitch were frequently sold out, and always better attended than those games - in which he didn'tappear. No one was quite sure whether the fans who turned out to see the Bird pitch came for baseball or for fun. Many critics said half of Fidrych's talent (he was good, compiling a 19-19 record in his rookie season in 1976) was his ability to psych out the batters. After all, it's easy to conceive of a batter becoming non-plussed at seeing a pitcher, a grown man, actually talking to his baseball, telling it where to go on the next pitch. Of course, what really threw off these players was the fact that more often than not, the baseball listened to the Bird and went exactly where commanded. All in all, it made for quite a show. The fans loved it, it made good press, the owners loved the larger gates and the Bird became an overnight sensation. Alas, as happens too often in sports, the Bird developed arm troubles and wasn't heard from last season. He is still a big question mark for the Tigers this year. So, except for Sesame Indiana State came along. Withall singlehandedly rescue the NBA theories on their problems. the prerequisites for becoming an Ifrom its serious financial Whatever the reason for the All-American hero - small town problems, much as Fidrych was financial problem, the owners boy, loves his school, best at what he does and capable of carrying an unrecognized school to the final game of the NCAA finals he helped make his team believable to a lotof skeptics. Bird became a household word overnight. Any week now, we are sure to see a story in People Magazine, replete with pictures of him helping his mom with the groceries, playing with his dogs in his backyard in French Lick, Indiana, or making a basket in the backyard hoop his father put up when he was a kid. The press loves to write about him which might be due to his large following rather than sportswriters' personal interest. Many writers seem to find the Bird uncommunicative. This isn't surprising considering he probably has not had a moment of privacy since September, and has most likely been asked everything from his opinion on Mideast peace to his ideas on Street's eight-foot feathered sports as business. friend, the American people were And speaking of sports as birdless for a while. business, our newest big Bird is That was until Larry Bird of being billed as the man who will - » Record Rack supposed to be the Tigers' white have been persuaded it would knight. It is no secret the NBA is behoove them to get more white ' in trouble; attendance is way down, ticket prices are way up and the owners are unhappy. After all, they don't own basketball teams for fun. Presently, this is being blamed on the fact that basketball is supposedly becoming a black sport. It is true less than 40 per cent .of professional basketball players are white and an even smaller percentage of white players are on the NBA's starting teams. Whether you believe this is the result of the socioeconomic structure of our society or the superior ahtletic ability of blacks or have your own theory as to why this has happened, is of no consequence. It certainly doesn't matter to the owners who, most likely, have no interest in the socioeconomic structure of our society (apart from wanting to stay at the top), would be more than happy to capitalize on anyone's athletic ability no matter what their color and seldom go around asking you or I for our Byrds Regroup And The Harmony Shines by Mike Rosenthal McGuinn, Clark and Hillman McGuinn, Clark and Hillman Throughout the years, rock artists have found group situations too limited for their egos, professional growth and musical tangents. This has caused continual change in a good number of bands. And yet, despite the fact that each member of the band is talented in his own right, he never again seems to reach the level of success he had as a group member. Neither McCartney nor Lennon made it nearly as big as the Beatles; Diana Ross, as a recording artist, never reached the peaks that had once been reached by the Supremes. It has been even rougher on the individuals who were less readily identifiable beforehand; look at the solo careers of the Moody Blues, Yes and the Who. Such was the case with the Byrds. The only member of the original Byrds to ever duplicate or surpass his past has been David Crosby and he did this while he was a member of another group. The other members floundered. Now, however, three of the original Byrds have regrouped and forged a new sound which has some of the old Byrds in it, along with much of the influence of the late seventies. One of the best things about this album is its consistency. The harmony shines and the instrumentation is classy throughout. The current single is "Don't You Write Her Off". It is a fast-paced number with a chorus that is immediately fixed in your mind. McGuinn's lead, vocal and the catchy rhythm help to make this a sure candidate for hit status. The best followup would probably be "Surrender To Me," a beautiful ballad that starts off a little slow (the intro really doesn't fit and probably would be better done away with) but picks up with the advent of the first chorus. Without a doubt, the lyrical gem of the album is its only acoustic number, "Bye Bye Baby." Here the instrumentation is at a minimum, and McGuinn's voice is about the best it has ever been. All of the members contribute to the writing with the strongest effort coming from McGuinn. Other solid cuts on the album include "Long Long Time" and "Backstage Pass." This album should set these three talented artists back on the commercially and artistically successful track from which they were derailed several years ago. Let us hope this reunion is a lasting one and not a momentary pause in their solo careers. "Copacabana" and could very well be the song to break Allen to the general public. The lyrics on this song, as on the majority of the album, are by Carole Bayer Sager. Sager is probably the best lyricist around today ("Nobody Does It Better," "When I Need You," and "Midnight Blue" among others) and her work on this album is up to par. Three of the songs on this album have the potential to be hit singles, but it is doubtful Allen is going to be the singer on the hit versions. The song with the most potential is "I'd Rather Leave While I'm In Love" which has already been covered by serveral artists and will become a standard in the hands of a Streisand or a Manilow. "If You Were Wondering" and the title song are also very strong. Probably the most interesting song on the album is the collaboration between Allen, Sager and Marvin Hamlisch, "Two / Could Have Been A Sailor Boys." The lyrics attempt to explore how two boys who grow Peter Allen up in identical surroundings can become such different people. Allen is primarly known as a While the song is not completely composer. His work with Jeff successful, it is a worthy and Barry led to Olivia Newton-John's interesting venture. Strangely, the only song on the big hit "I Honestly Love You." album that does not work is the Anderson, the With Adrienne lyricist of Barry Manilow's "Could one which is most familiar, It Be Magic" he wrote Pablo "Don't Cry Out Loud." Cruise's recent hit "I Go To Rio." Particularly in the light of With Carole Bayer Sager he wrote Manchester's superb reading of Melissa Manchester's current this song, Allen's vocal weakness smash "Don't Cry Out Loud." As stands out plainly. a singer, Allen is not particularly distinctive. However this does not Fate For Breakfast prevent the album from being Art Garfunkel Allen's thoroughly enjoyable The cover of this album is singing takes a back seat to his eye-catching. The particularly excellent writing and the picture of Garfunkel on the back arrangements throughout. The album's highlight is "Don't cover is so visually striking it Wish Too Hard." This song is very might lead one to think the album much in the spirit of his "I Go To is as filled with darkhumor as the Rio" and Manilow's cover. Gratefully, it's not. This - players into the ranks of the NBA. So, it appears the owners will be embarking on their own affirmative action hiring program. You can almost hear the agents pushing their great white hopes "Well, it's true that his shooting percentage was a bit below the NCAA average last season, and his rebounding needs some work, but after all he comes from Westchester. I mean, he didn't have the advantages that some of these kids had. They didn't have basketball courts at his father's country club you know. They were into racquetball and golf. But look at the entire picutre.'^' Think of what it will mean to white athletes everywhere, who have been struggling since Jackie Robinson's day to achieve equality on the playing fields of America. You really owe it to yourself to pick up this kid. Let me put it this way the cutting edge here is that this guy will really pack in Mr. and Mrs. Suburban and the kids, know what I mean?" And that is really what it is all about. Never mind the sports world shouldn't be a source of aggravation of the social and economic differences between blacks and whites. Never mind it certainly shouldn'tfoster the idea white people can't have a good time watching superior athletes who happen to be black. Seen in the most practical terms, the problem isn't going to be solved by getting Larry Bird and other white middle-Americans out on the basketball courts in exchange for multi-million dollar contracts. The real problem is Mr. an<L^ Mrs. Suburban can't afford to take their family to a basketball game. Larger contracts mean higher ticket prices, no matter the color of the players on the team. Instead of worrying about black and white, the owners should worry about the fan's green for a — — album features Garfunkel doing what he does best love songs. Garfunkel's last album was a noble experiment. He tried to take some of Jim Webb's better but less known songs and record an album spotlighting Webb. He produced the album himself, a first, and delivered an album of beautiful if not particularly memorable or commercial songs. His record company held up that album until Garfunkel put one commercial single on it and they received a remake of "What A Wonderful World." However, even with the inclusion of that song, the album was not commerical enough and its sales were disappointing. With this album, Garfunkel has returned to the style and change. commerciality of his Breakaway album. He has an outside producer, Louie Shelton, known for his work with Seals and Crofts. The pairing works quite well and yields an album diverse in style and consistent in class. There are several candidates for singles, and several more that stand up well after repeated listenings. "Finally Found A Reason" has a sound not unlike that of Seals and Croft's best work and possesses a steady beat and nice building throughout. "Oh How Happy" is a remake of a Ifyou smoke cigarettes, song that was always fun and easy you taste like one. to sing along with, and is even Your clothesand hair more so now. 'Take Me Away" can smellstale and beauty and of a has the grandeur unpleasant, 100. Renaissance song. "Since I Don't You don'tnotice it.but people close to you do. Have You" is done in the style of especially if they don't "I Only Have Eyes For You" and, smoke. like that hit, makes a beautiful And non-smokers i song from the past even better. are the best people to Other standouts are "Beyond The love. They live longer. Tears," "In A Little While" and "Sail On A Rainbow." The only miss on the album is "And I jl AMERICAN Know" which is marred by a very CANCER SOOTYT strange sounding background — WHAT YOUR KISSES TASTE LIKE? Thi«ip«i: contributed hylhe publisher v ■ puhik,' >crvicc vocal. April 5, 1979 Opinion 7 �April Fool'a LEXIS Search Finds Landmark O'Brian Cases protections because the validity any legitimate claim to the and merit of answers to questions deducations, disallowed the claim. were adjudicated as a matter of 61T.C 83. The Court of Appeals for the law by the professors, whereas they should be determined as a Second Circuit affirmed, finding question of fact by the jury of no basis in the taxpayer's contentions. 1011 F.2d 1016 (2d class opinion. .-.. Opinion: Defendant, acting under claimed governmental power has no right to violate citizens' constitutional rights. Bivens v. Six Unknown Named by Mike Buskus Federal Narcotics Agents, 403 Some previously unreported U.S. 388. cases of great interest to law The mere status of aggrieved students have been located thanks to LEXIS. These decisions, which parties as students, without more, have recently been reprinted in does not justify excessive the Trivia Law Review, were workloads, a form of cruel and formerly available only in slip unusual punishment. Robinson v. California, 370 U.S. 660. opinion form. Students have rights against Birzon v. United States, 422 compulsory self-incrimination, U.S. 999 (1976) In this case the which mandatory examinations defendant, adjunct professor of would violate. Malloy v. Hogan, law, was indicted along with three 378 U.S. 1. Students must be afforded the co-conspirators for violation of 18 U.S.C. §371, conspiracy against right to counsel for all the United States. The indictment examinations. Gideon v. alleged a common plan of the Wainwright, 371 U.S. 335. Evidence of incompetence, conspirators to violate students' 4th, sth, 6th, Bth, 9th, 13th and inarticulateness, or mere lack of brilliance, obtained by written 14th amendment rights. Students' 4th amendment examination method, unless rights ("The right of the people to accompanied by clear and concise be secure in their... papers..,. warnings cautioning students of shall not be violated") were the right to remain silent (i.e., not violated by unreasonable and take the exam), is inadmissible to warrantless criticism of students' the registrar. Miranda v. Arizona, 384 U.S. 436 case briefs. Students' sth amendment The remaining constitutional rights against self-incrimination questions are so obvious as to not were violated by a conspiracy to admit of any controversy. force students to take mandatory The conviction of defendant final exams, which tend to Birzon is affirmed. incriminate-students. Students' rights against double jeopardy were violated by the Greiner v. Commissioner, 1001 conspirators, who forced students U.S. 1023 (1977). The facts of to be retried on their lack of this case are as follows: Taxpayer knowledge on four separate Greiner (who always had a occasions. reverter interest in tackling tax The 6th amendment rights to law) was formerly a property the assistance of counsel were professor. He decided that the violated when Birzon and the estate of property professors had other co-conspirators prevented a future not interesting enough students from having attorneys for him. He made the decision to present to assist them during change his career from property pro to tax tycoon. To do that he exams. Bth amendment guarantees embarked upon a carefully against cruel and unusual planned program to qualify punishment were violated when himself as tax professor, spending Birzon and the other substantial sums of money in the co-conspirators imposed process. Greiner labelled these unconscionably lengthy sums "expenses" and claimed assignments over an insufficiently them as income deductions. Specifically, taxpayer claimed short period of time. Conspiracy to violate students' deductions as follows: $20.00 for 9th amendment rights ("The the Bittker and Stone textbook"; enumeration in the Constituion, $10.00 for the Chirlstein of certain rights, shall not be hornbook; $.10 for a phone call construed to deny or disparage to the IRS to get free publication others retained by the people.") 796; $1,000.00 for a research involved the denial of student's assistant to read tax cases for him; rights to determinefor themselves $3,000.00 home office expense, what their grade for a course including walnut panelling and should be. wall-to-wall carpeting; and Birzon and the other $25,000.00 for Ken Joyce's co-conspirators engaged in a notebooks. The total deductions common plot to violate students' claimed aggregated $29,030.10. 13th amendment protection Upon routine audit, the against involuntary servitude. The Commissioner disallowed the professors' common design of deductions and levied a deficiency excessively punitive workloads assessment, including late fees and were assigned to students without a 5 per cent negligence penalty. compensation for those excessive Petitioner Greiner declined to travails. pay the tax, opting instead to The four professors also petition to the Tax Court conspired to violate students' The Tax Court, in recognition 14th amendment due process and realization of the absence of ****** -■ 8 Opinion April 5,1979 Or. 1977). On certiorari to the United States Supreme Court, judgment was affirmed. Held, deductions disallowed. Opinion: Collector, J., delivered the opinion of the Court: This case presents the narrow issue of whether the expenses incurred in the attainment of skills in the area of federal taxation by someone formerly a property professor are legitimately deductible. For the reasons which we will make clear, we hold that those expenses are not deductible. I. Taxpayer's claim: Greiner relies solely on Reg. §1.162-5 (b)(3), which in describing deductible educational expenses, states that: "In the case of an employee, a change of duties does not constitute a new trade or business if the new duties involve the same general type of work as is involved in the individual's present employment. For this purpose, all teaching and related duties shall be considered to involve the same general type of work." Commissioner's The Commissioner relies upon the case of Joel A. Sharon, 66 T.C. 515. I I. The viewpoint: 111. Findings of law and fact: We concur with the Tax Court that the expenses claimed are not deductible. First, the tax study program embarked upon by petitioner did much more than merely "maintain or improve skills." Instead, it actually qualified petitioner for the more demanding, better compensated, more prestigious position of Tax Professor. Not incidentally, taxpayer doubtless expected to gain for himself substantial additional "savings" on his own personal tax bill (although presumable, this case seems to suggest no such conviction (Birzon v. United "savings"). Additionally, it States, 422 U.S. 999 (1976), qualified him to handle such wherein defendant was convicted private tax preparation work as of conspiracy [18 U.S.C. §371] "H&R Block" provides for a fee. to violate students' 4th, sth, 6th, Secondly, there was Bth, 9th, 13th and 14th undoubtedly a substantial element amendment rights. Held, such of personal consumption evidence is clearly admissible, enjoyment elicited from perusing Michelson v. United States, 335 the many permutations and U.S. 469. Defendant also objected to loopholes of the Internal Revenue Code. This is especially so in the introduction into evidence of the realm of the note cases in Bittker parking ticket that he received on October 18, 1977 when his and Stone. Cadillac, license plate no. the extent that to Finally, taxpayer "invested" $25,000 in 626-ECR, was ticketed for Ken Joyce's notebooks, that parking illegally in the O'Brian expenditure must be capitalized lot. Held, such evidence is admissable on the "defendant and not deducted. For those reasons, there is no opened the door" ratibnale. basis in Greiner's contentions or United States v. Harris, 331 F.2d 185 (4th Cir. 1964). deductions. Defendant was unsuccessful in Judgment affirmed. seeking to introduce proof of his Postscript: Not wishing to past successful record of teaching discourage this energetic and evidence. The trial court found adventurous taxpayer, this Court that such evidence was irrelevant ■ suggests that Greiner may wish to to the issue of defendant's investigate the newly developing negligent teaching in the instant tax shelter field of buying and case. Held, evidence properly selling Mopeds at a loss. For excluded, Cleveland & Buffalo taxpayer's edification, please refer Transit Co. v. Roderick, 10 Ohio to the article in 102Moped Law App. 119, distinguished. Review 1023 (1977). Defendant sought, unsuccessfully, to introduce evidence consisting of a Courier-Express editorial stating United States ex rel. Evidence that he, the defendant, was not Class v. Birzon, 43 N. V.3d 808 guilty of negligence. Held, such (1977). evidence is immaterial to the issue This litigation arose as a of negligence in the instant case. class-action against Morgan, Basic Problems of respondent-defendant Birzon. The Evidence 183 (1961). suit was a professional malpractice As a last ditch effort to avoid claim grounded in negligence. The an unsuccessful verdict, the trial court reached a verdict for defendant sought to introduce a the plaintiff class despite dying declaration made by a objections by defendant Birzon as former client of Birzon's, to the admissibility of certain scheduled for execution on death evidence. row in Georgia. The trial court The United States entered the excluded the dying statement, suit as intervenor in interest, holding it did not fit the representing the authority on the exception to the rule, since while applicability of the Federal Rules the dying declarant was addressing of Evidence. the issue of defendant Birzon's Pivotal to defendant's case was professional malpractice, it was a lengthy demonstration of his malpractice in issue in the present excellent character. The case. Held, such evidence was defendant testified in his own properly excluded. People v. behalf, asserting lack of any prior Becker, 215 N. Y. 126. convictions, as well as the lack of any criminal record generally. Summary: As no reversible Over the objection of the errors occurred at trial, theverdict defendant, plaintiffs introduced for plaintiffs is affirmed. Appeal evidence of defendant's prior dismissed. ****** - mike buskus Elated winner* of the basketball playoffs display sign of victory. I. to r.: Bob URussa, Sherman Kerner, Fran Turner, Wayne Lopkin, Mike McAleer, Bob Giunta. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-04-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/5/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d48c936c80ee6aba84a666efef90510e.pdf 3cd9e15e4c9a53b8d9a841ef06183c96 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 13 Opinion Mtoi John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law April 26,1979 Dean Drafts New Curriculum by Paul Bumbalo In an effort to broaden the scope of legal education Dean Thomas Headrick recently released his proposal to revise the curriculum at the law school. The dean's proposal, Suggestions for Curricular Change, is designed to produce a more interesting course of study in order to combat the present stagnation in legal education. " mlke s/"7"/ro Dean Headrick The first year curriculum would be restructured to provide a wide range of legal studies. Procedure would be a 32 week, two semester course encompassing civil and administrative procedure. Research and writing, Expanded to include legal ethics and a moot court project, would commence in the fall and run for two semesters. The moot court project would be a full scale simulated appellate trial based upon a trial record and argued before a three judge panel. Contracts and torts would be combined into a course called private rights and duties and would- last 21 weeks. The remaining 11 weeks of the spring semester would consist of a course in property, emphasizing a historical perspective. Criminal law and constitutional law would remain in the traditional 16 week format and would be offered in the fall and spring respectively. The first year' would also include a series of four short courses designed to broaden exposure to practical matters. This would include a nine week course in lawyers and lawyering and a seven week course4n judges and judging. The latter would demonstrate how the judicial decision-making process functions and what the court opinion actually represents. Together, these two courses would provide general introductory knowledge in addition to providing an alternative to the traditional and highly structured case law format. Of the remaining two short courses, one would be a 10 week course in legal institutions, focusing on the interrelationship of the state legislature, intermediate appellate courts and administrative agencies, and the other, a six week introductory course in business and commercial law. The second year curriculum would be restructured to include substantive areas of law, as well as studies of the legal system and lawyering skills. The third semester of law school would consist of tax I, two substantive courses and i legal institutions course, which would bgild on first year studies of the elements of the legal system. The fourth semester would include one substantive course, a sequence course, which would be part of a related sequence of courses culminating in advanced seminar work, one skills course dealing with practical aspects of legal work and another legal institutions course. The substantive course requirement would be filled by choosing from courses that are presently second and third year electives. It is proposed students be required to take at least three but no more than five substantive courses during the second and third year. Another suggestion is to limit class size to approximately 60 students. Smaller class size would? allow the faculty to use a variety of non-traditional methods. The gaps in students' programs caused by their being closed out of a desired course in the new curriculum may be filled by a system which allows or possibly forces students to round out their legal education. This aspect of the curriculum change will be realized through the use of proposed self-learning or mini courses. This addition Dean Headrick said, "Will be adding a new dimension to the curriculum by providing a variety of educational options without spending a full semester mike shapiro on one specific area of thelaw. It "The Thumper" will soon be finished pile-driving a retaining wall to is not necessary to education to protect soil and utility lines from slippage when main construction continue giving three and four begins in our neighborhood. Construction should be completed by July credit courses." 1981 on a six lecture hall complex for the Amherst campus-the continued on oaae eight uptown counterpart to Main Street's Diefendorf Hall. In addition, an enclosed pedestrian bridge is slated to connect O'Brian to Norton. - — Love Canal UB Alumnus In Enviable Soot by Amy Jo Fricano It is a stucco mansion on Delaware Avenue, built around the turn of the century. Clients enter through the massive wood door to a huge marble foyer complete with Doric columns. At one end of the foyer is the formal parlor, now the law library, with walls of bookcases and an impressive marble fireplace. Behind the receptionist, a row of French doors hides a garden. Continue up more marble stairs to what once might have been the spacious master bedroom. At a rugged antique desk sits Richard Lippes, of Moriarty, Allen, Lippes, and Hoffman. He is disarm ingly reserved and relaxed, younger than the man you would imagine taking on the awesome task of representing the Love Canal Homeowners' Association. Lippes now has nearly 600 suits pending against Hooker Chemicals & Plastics Corp., the city of Niagara Falls, the city's Board of Education, and Niagara County. Notices of claim have been filed in Niagara County will Appeals New York Court of SupremeCourt. the Senior Associate Judge Jasen of The demands column totals speak at Commencement this year. See story on page four. nearly $3 billion dollars, Lippes - estimates. Carl Mooradian, corporation counsel for the city of Niagara Falls figures the claims to total more than $4 billion. Lippes estimates a "hundred million or so" will change hands should the homeowners prevail in the first few cases. Even at 1 percent, Lippes could become a very wealthy man. What got Lippes, undergraduate history major and non-scientist, into carrying Mother Earth's banner for the homeowners? A good dose of '60's activism while a law student at UB and an interest in protecting our remaining open spaces. "Environmental law didn't exist when I went to law school," Lippes said. "The only major legislation in the area came after 1970. I was an environmentalist before I was an environmental lawyer." He is very active in the Sierra Club, presently serving as chairman for both the Niagara and state chapters of the organization. Over the last seven years, he has argued a long list of anti-highway cases, most notably including the Lake Chatauqua Bridge case. At first, Love Canal added a full 40 hours to Lippes' already taxed work week. The firm has invested over 2,000 man hours since August, and claims continue to come in. Lippes has now balanced his Love Canal work with the rest of his practice, spending, about 20 hours a week on the Canal litigation. The suits are extremely complex. Research is still underway on issues that^ will surely make some new law. As Lippes puts it, "We can achieve in continued on page eight - Tuition Increased Well, it happened. Despite all those in authority Chancellor, legislators — — and others who said either it shouldn't or wouldn't happen, it did. On Wednesday morning, April 25, in New York City the SUNY Board of Trustees approved a $200 tuition increase for the law school for next year. Other proposed tuition hikes for other sectors of the University were also approved. �Vol. 19, No. 13 April 26,1979 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Contributors: Bill Brooks, Paul Bumbalo, Rosella Brevetti, Mike Buskus, Maria Colavito, Tim Cashmore, J.R. Drexelius, Carol Gardner, Jay Marlin, Alan Nadel, Jason Poliner, Paul Suozzi Tanya Miller, Ralph J. Stairsteps Copyright 1979, Opinion, SBA. Any rcpublication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Legal Innovations: Pros Outweigh Cons The most significant aspect of Dean Headrick's proposed curriculum reorganization is its recognition of the need for change. He has taken the important first step of acknowledging law students' "progressive deterioratioh in interest and excitement" and a dramatic proposal to deal with it. It is encouraging to developed see that students are not the only ones tired of the current routine. The dean's proposal contains some innovative and excellent ideas. The sequence requirement is an especially meritorious idea. Developing a high degree of competency in a specific area will contribute to a student's confidence and expertise. In addition, making a seminar the end of a clearly delineated sequence will enable students to get the most benefit from this intensive and personal type of course. The self-learning and mini courses would provide a unique opportunity to sample a subject area without demanding an excessive time commitment which many students would be unwilling to make. The legal institutions and lawyer and lawyering courses, as proposed, are excellent offerings to fill some of the current gaps. Beginning research and writing during the first semester and incorporating ethics into it, is the best way to approach two important subjects that are currently dealt with inadequately, if at all. As the dean expected, however, room for improvement can be found in his original proposal. The Academic Policy and Program Committee has been working on modifications which they will soon present to the faculty. We also see some problem areas in the dean's proposal. We believe the staggered first year final exam schedule is counter-productive and anxiety-inducing. Students would face exams at five different points during the first year, at 9, 16, 21, 26 and 32 weeks. Rather than reducing the anxiety which now builds up once each semester, this proposal will require students to reach their peak on five separate occasions while continuing at a steady clip in those courses whose final exams are yet to come. Combining the final exam in the lawyers and judges courses, shortening the introductory commerce and business course by one week and switching it with legal institutions would reduce the number of exam periods to three. This is a more realistic schedule. Mandatory moot court participation flies in the face of the non-competitive atmosphere this law school strives to encourage. The present system, which offers this valuable experience to any student who wants it is not only adequate, but superior to the proposed idea. We believe parts of the program should be implemented next semester while other aspects are being debated and modified. We would especially like to see some of the proposed required courses offered first as electives so their usefulness and acceptability can be evaluated by experience. Finally, we fear the proposed new curriculum could add to the long-felt problem our students have experienced as a result of our non-traditional educational philosophy: employers discriminating against our students because they do not understand the system. To avoid this situation, we suggest the administration actively and persistently inform employers about the workings and positive values ofour non-traditional system. 2 Opinion April 26,1979 Letter To The Editor Law Review Editors Defend Sea Grant To the Editor: The article concerning Sea Grant, which appeared in the April 5 issue of Opinion, portrayed the program as a source of controversy among its administ ra*~o r s. This characterization was unfortunate, and since it resulted primarily from our selected quotes, we would like to explain our perception of the program. This past summer was the first time that the Law Review helped administer the program. We hoped to have completed articles by last fall, and in that hope we were disappointed. Currently, of twelve Sea Grant Fellows, six are scheduled for publication in the Buffalo Law Review; others will appear in either the Review or the Sea Grant Law and Policy Journal. Our disappointment, however, should not be construed as a condemnation of the program or of its value to this school. The problems in the program discussed in the earlier article have been Commentary recognized by Professors Kaplan and Reis; the accomplishments have been recognized by the Law Review, and, more importantly, by the New York Sea Grant Institute, which has continued to fund the program. In an attempt to better our record of accomplishmsnts, we have collected and begun initial research on over fifty topics for the 1979 Sea Grant Fellows. Since an annual problem has been formulating appropriate topics, we felt that more narrowly defined topics would produce better results. These selected topics will remove the burden of finding or refining topics from the Fellows, and enable them to begin theif research immediately. Topic suggestions were derived primarily correspondence with frorn^ governmental and administrative agencies around the country. The enthusiasm of the agencies that responded to our requests has convinced us of the importance of a program like ours, as a service to the community and to the students who participate. The newly elected editors of the Law Review also intend to work closely with the Fellows and Professors Kaplan and Reis so that by the end of the summer a substantial portion of the Fellows' work will be complete. The Sea Grant Law Program at this school is unique; it is something that the Law Review takes pride in participating in. Any failures in accomplishment lie with isolated individuals who have lacked a sense of responsibility. The majority of Fellows have not failed. The program certainly has had problems that we have attempted to correct; but it certainly has not been the mismanaged and unproductive organization depicted in your article. Greg Yawman Editor-in-Chief David Shapiro Managing Editor Larry Goldberg Publication Editor Nader Advocates Publw Interest Law by Ricky Samuel, Jr. Ralph Nader visited UB law school on April 3. The burden of being "the voice of American consumer" was evident on his drawn and tired face. He arrived to address an anxious crowd. Accompanied by Student Bar Association President Leslie Wolffe he unceremoniously sauntered in the wrong entrance to face a sullen audience. He began his delivery in a very humble, unimpressive fashion. But people seemed interested; curious about him and what he wished to convey. Unfortunately his speech was predictable, even expected. Nader talked about the evils of big business. He talked about the Atomic Energy Commission and how it is constantly and increasingly compromising the lives of millions of Americans day after day. Nader advocated the money invested into the development of nuclear energy be allocated instead to solar energy research. Nader later "took off" against the Carter administration, specifically mentioning James Schlesinger, calling him and others imbecilic, worse than incompetent. One can't help but wonder how Nader himself would fare in a governmental post or why he has never ventured into the political arena. Nader spoke on other current issues including the legal education system in the United States. He spoke of his own education at Harvard Law School and how he feels law school administrators are "missing the point" in constructing relavent curricula. More of the emphasis in law schools should be on environmental, consumer and other similar public interest topics, Nader said. He said he generally feels the legal profession is, in effect, contributing to the problems in such areas as health care, mistreatment of the elderly and poverty. He said most Americans are -shut out of their own legal system by the high cost barriers, the ability of commercial defendants to delay their cause and the belief by many that even if they succeed in winning a suit they can lose in terms of their cost benefit analysis. Nader was appealing to moral conscience when he spoke of a new organization called the Equal Justice Foundation. This organization is one whereby individual third year law students at participating schools pledge 1 per cent of their yearly income. These proceeds are then utilized for legal reform projects. According to Nader, this program has been extremely successful around the country and represents some positive steps taken by selective institutions. Nader attributes the general lack of concern in public interest law areas among those in the legal profession ultimately to improper distribution of power. According to Nader, power overcomes law unless law has a constituency behind it; this can come in the form of governmental leadership or a professional leadership which can emerge from the halls of the various law schools and members of the bar. Nader's ideas include a constituency of victims organized to use the law in their own behalf. But clearly, Nader said, without these constituencies power wiil overcome the law. It would seem this basic theory is the origin and moving force behind Nader's commitment. Finally, Nader comme/ited on what he saw as a corporate crime epidemic which has thoroughly permeated our society. He talked about systematic bribery and the systematic violation of health and safety laws, consumer laws, property tax laws and campaign finance laws by corporations. Nader called the worst manifestations of corporate crime the poisoning of the country by pollution. Nader said the health of the American people has been seriously jeopardized by a silent, cumulative form of violence on the part of corporations hiding (or attempting to but for the vocal constituency of victims and outspoken public figures such as Nader) from public scrutiny. Although Nader's speech was predictable, it was still a necessary and effective, one. To. millions of Americans he is a sort of guiding light that will enlighten them and help them to understand more clearly issues which effect them daily. Looked at in this respect he can only be viewed as successful and his function as essential. Consumer advocate Ralph Nader urged law students to revive their consciences and join the consumer crusade against "corporate outlaws." �Second Annual Senior Survey . i ■ * Law librarians Kathy Carrick and Marcia Zubrow, delighted about their recent promotions. - mike buskus Carrick, Zubrow Pro moted In Library Personnel Change by Mike Buskus As a result of recent staff promotions within the Charles B. Sears Law Library, Kathy Carrick has been named associate director of the Law Library and Marcia Zubrow has been promoted to head of reference. Carrick, who formerly served as head of the reference staff, advanced to the position of associate director last fall. In this new capacity, and as public services law librarian, she undertakes major responsibility for collection development. Helping administer the approximately $190,000 annual acquisitions budget is one. of the new duties of the associate director. Collection development has been made more difficult by budget cuts of the last several years. As a result, substantial efforts must be devoted to filling gaps in the collection. The new associate director also assumes responsibility for personnel and recruiting for the library staff. As public services librarian, Carrick authored a budget justification statement for LEXIS, which resulted in the addition of that computerized research tool to the library. Prior to her previous job as reference librarian, Carrick received an undergraduate degree in journalism from Duquesne University and an M.L.S. from the University of Pittsburgh. She also worked for the Cleveland Plain Dealer. Carrick received her J.D. degree from Cleveland State University. Although she is a member of the Ohio bar, she does not actively practice law, except for occasionally drafting wills. Carrick^^dedared a preference for the academic atmosphere of a law library over the work in private practice. She also admitted that she has aspirations to someday be director of a law library. , Marcia Zubrow, who has been reference librarian and serials cataloger since 1977, was promoted this month to head of reference. She will direct the reference services to be provided by herself and five other law librarians with reference responsibilities. Her duties include training new personnel in law library reference work. In addition, Zubrow will work on collection development for the reference collection. She will also direct the origin and design of new reference services. Zubrow and the entire reference staff will take a more active role in the Research and Writing Program next year. In addition, Zubrow and the other reference librarians will continue instructing faculty and students in the use and operation of LEXIS. Zubrow has also been acting A-V librarian since December 1978. Prior to coming to Buffalo in 1977 (when her husband assumed a teaching position with the UB Anthropology Department), Zubrow obtained library and law, library experience at a number of locations. After graduating from Boston University with a degree in American history & civilization, she accepted employment with the Arizona1 State Museum Library at Arizona University in Tucson. After four years in Tucson, she relocated to California. Zubrow earned her M.L.S. degree from California State University at San Jose in 1973. Both Carrick and Zubrow noted the law library here is gaining a national image. Last year the law library hosted the 1978 Annual Instituted the American Association of Law Libraries (AALL). The event, which attracted law librarians from 140 law schools, centered around the techniques for legal research and writing instruction. The proceedings of last summer's AALL conference here were videotaped. Librarian Karen Spencer has worked on editing those videotapes, and an edited version of those tapes will be published and distributed by the Bureau of National Affairs (BNA). Zubrow and Carrick also noted past law librarians at Buffalo have advanced to prestigious positions elsewhere. Former law librarian Larry Wenger is now director of the law library at the University of Virginia. Morris Cohen heads the law library .at Harvard University. Vaclav Mostecky is now law librarian at Boalt Hall, Berkeley. Balfour Halevy is law librarian at York University. The lawjibrary also announced that Kathy Lehsten has been hired as secretary for public services. An active search will begin next fall for a permanent director of the law library to commence work in the fall of 1980. At that time it is expected Professor Wade Newhouse, present law library director, will return full time to teaching. The law library is also seeking a librarian to fill the position of head of t^e cataloging department. Moot Court Roundup The following are the results of Most Underrated Student the Second Annual Opinion Marc Ausfresser Senior Survey. Though the response was not overwhelming, Most Overrated Student clear victors emerged in most of Cheryl Block the categories. More than one WHERE ARE WE HEADED? name indicates a tie. Most Likely to Sell Used Cars PHYSICAL CHARACTERISTICS Jeff Licker Best Dressed Most Likely to Manage the Cindy Perla Yankees Maria Colavito Worst Dressed Bill Brooks Most Likely to Sell Insurance Most Youthful Appearance Rick Enderby Bill Fanciullo Least Likely to Settle Out of Most Dramatic Hairstyle Change Court Kathie Drumm Debbie Norton Most Neanderthal Most Likely to Foreclose on Poor David Brody Widow's Mortgage Most Likely to be Roasted for Tom Black Thanksgiving/Class-Turkey Most Likely to Chase Ambulances Look in the mirror. Jeff Licker Best Briefcase Most Likely to Remember Rule Larry Goldberg Against Perpetuities After Bar Best 5 O'clock Shadow Exam Rich Parenti Sally Buck CLASSROOM BEHAVIOR Most Unprepared Mark Larsen Most Likely to Receive Appointment as UB Professor Dennis Harkawik Most Compulsive Worker Saul Brenner Least Likely to Receive a Credit Card from Ma Bell Andrew J. Cosentino Most Comatose Stu Siris Most Likely to Drop Law and Most Perfect Attendance/Enoch Open a Restaurant Arden Award Paul Suozzi Mark Flescher, Saul Brenner Most Likely to Show Up for the Class Leader Bar Exam the Day after It Is Over Ann Herman, John Batt Rich Parenti Class Couple Most Likely to Forget the Bill of Aven Rennie, Dennis Harkawik Rights After Bar Exam Worst Humorist Jim Morton Ted Firetog, Mark Bender Most Likely to Represent the Best Humorist People's Temple David Shapiro, Jim Maloy Andrew J. Cosentino Diarrhea of the Mouth Award Least Likely to Have AWLS Too many to print Chapter Named After Tom Black Most Humble Jay Yablon OUT OF CLASSROOM Class Cheerleader BEHAVIOR Arlene Fisk Best Dancer Madeline Bernstein, Bob Trestman Duquesne Victorious by Tim Cashmore A moot court team from Duquesne University Law School emerged from a field of 23 teams to win the 1979 Albert R. Mugel Moot Court Competition. The competition, held here the weekend of March 30, was the largest in its six year history. The Duquesne team, which captured the award for the best brief en route to its victory, defeated one of the two teams sent by the University of Cincinnati in the final round. The winning team was composed of Bruce Reale and Clark R. Kerr. The members of the second-place Cincinnati team were William E. Clements and Nancy J. Gill. The team from Duquesne was one of two sponsored by the Pittsburgh school. Those two were selected to come to Buffalo on the basis of an intra-school competition held at Duquesne and based on the Mugel problem. Nicholas J. Betsacon, of the Capital University Law School, received the best oral advocate award. JoAnn Gould, the senior member of Buffalo's team, placed third in the scoring for best oral advocate, less than a point behind the winner. The Buffalo team, which also included second-year students Ann Bermingham and Peter Durant, won both its preliminary rounds but failed to make the semi finals. Kaufman Competition In the Irving R. Kaufman Securities Competition at Fordham Law School, held the weekend of April 5-7, Buffalo's team advanced to the semi-finals before being eliminated by the team from the University of Tennessee. Mike Buskus and Claude Joerg represented Buffalo at the competition, which attracted 18 teams from around the country. Best Singer Cheryl Block Best Party Host Tom Bremer Most Likely to Drink Ken Joyce Under the Table Gary Simonson Most Likely to Pursue Career Collecting Rehnquist Decisions Bill Brooks Most Likely to Sustain Critical Injury for Failure to Call Fouls in a Basketball Game Tom Bender, John Gilbert, Mark Bander Most Likely to Inflict Critical Injury in Basketball Game Jim Kelly, Tom Bender, Jim Pelletter Best Athlete, Male Bill Brooks, Tom Bender, Gilbert John Best Athlete, Female Lynn Edelman Most Likely to be Picked Up on Morals Charge Harvey Soss April 26,1979 Opinion 3 <*■ �Bissell Wins Newspaper Job by Carol Gardner at new video terminals for all five of the paper and reporting on general assignments. Before she begins the job, Bissell will attend a three week intensive training program at Lehigh University in Bethlehem, Pa. The training session will be paid by the Newspaper Fund, as well as the costs of special side trips to view the operations of newspapers in Philadelphia and New York City. Although UB law school can offer no credit for this summer internship, Bissell said the salary of over $200 a week, plus the $1,000 scholarship to be presented to her at the end of the editions Charmaine Bissell, a second year UB law student from Louisville, Ky. is one of ten persons nationally to win a Minority Newspaper Fund Summer Internship. The internship program, designed to provide minority graduate and — mike Shapiro Charmaine Bisselt professional students with valuable experience in editing and managing newspapers, is sponsored by the Newspaper Fund, a coalition of newspaper editors. The Newspaper Fund usually sponsors summer internships with newspapers for undergraduate and senior high school students. This is their first year for sponsoring a Minority Newspaper Fund Internship for advanced level students. Bissell will be working for her hometown morning newspaper, the Courier-Journal which until this. year, has never taken a summer intern from the Newspaper Fund. Her responsibilities will include editing internship, makes participating in the program worthwhile. Bissell has. a dual undergraduate degree in journalism and political science. She had extensive experience in all aspects of journalism except television before coming to law school. Her ambition is to be a Washington correspondent reporting on legal developments. Ideally, she would like to be a Supreme Court reporter. Bissell urged all interested minority students to consider applying for an internship next year. The Placement Office will have information about the program in October. Jasen To Speak At Commencement 1967. In 1969 the State University of New York Law School Alumni Association conferred the Distinguished Alumnus Award on Jasen for his distinguished judicial service and his contributions to the administration of justice. Jasen is a member of the American Law Institute, A budding musician (r.) plays the rites of spring on his harmonica, using American Judicature Society, the an unconventional meter (I.) to hold his tempo. American, Erie County and New York State Bar Associations, Phi Alpha Delta Legal Fraternity, and the DiGamma Honor Society. He is also the author of a number of articles on legal and court administration subjects. This year's commencement p.m. to 1 a.m. Egan said there would be an week includes a new and exciting event. In addition to open bar all evening which will commencement day exercises, include champagne and mixed Submit or your draft for Saturday, May 26 at drinks. A buffet table featuring vary. planned may papers Papers may be developed from prospectus and tentative Artpark, the senior class and the hors d'oeuvres will also be seminar papers, memoranda completion date to the Office of SBA are planning "The First available. Tickets will be available at a written for the Buffalo Legislation the Board, Room 525, O'Brian Annual Barrister's Ball." Co-chairtnan of the Barrister's table set up in the school from Project (with the permission of Hall. the project), notes or comments It is hoped submissions this Ball committee, Carole Egan April 23-30. They can also be written for the Buffalo Law Spring will be ready for editing by announced this week the Ball will purchased from Cindy Halm in Review (with the permission of the board during the summer, and be held Wednesday, May 23 at the room 312 during the exam period. the Review), independent study publication early in the fall of Buffalo Athletic Club on Tickets will cost $10 for law Delaware Avenue adjacent to students and $15 for faculty, staff papers, or other projects. It also 1979. If you have any questions Niagara Square. The event will and guests. All faculty, staff and may be initiated for the purpose of publication in the proposed please see Joseph Dulin, Elizabeth feature the music of Johnny students are invited to attend and Buckley or Professor Kaplan. LoVecchio with dancing from 9 join in the celebration. Annual. Matthew ). jasen, senior associate judge of the New York State Court of Appeals will be the honored speaker at this year's commencement exercises. Jasen attended Canisius College, University of Buffalo School of Law and Harvard University School of Civil Affairs. He was admitted to practice in 1940. In private practice, Jasen was senior partner in the law firm of Jasen, Manz, Johnson and Bayger. In 1957 he was named to the New York Supreme Court by Governor Averell Harriman. Jasen was elected Associate Judge of the Court of Appeals in November First Barrister's Ball Features Live Music New Journal Solicits Articles The State and Local Government Law Program Board is considering the publication of a State and Local Government Law Annual. It would consist of papers prepared by UB law students and faculty members, possibly including contributions of outsiders. Generally, the focus will be on contemporary municipal law problems. No particular format is prescribed, and the length of the SBA Obtains New Copier The Student Bar Association has acquired a copy machine, which it is now making available for student use. The machine is in the SBA office and can be used at any time the office is open. Office hours are posted on the door to Room 101. The cost of the copies is five cents. Moving & Garage Sale Sat. & Sun. April 28 & 29 19 Winspear near Main large and small appliances, furniture, books, law books and records. 9am 4 - AND RECEIVE EITHER A if £\C)C) A MANPOWER" TEMPORARY SERVICES An equal opportunity employer. Opinion April 26, 1979 .IinSIUX&IU? . «7**''•'*.. B|ffl»^|k% ENLISTMENT How to find a summer job* *JL,(J(JU Talk to Manpower. We've got summer job opportunities for temporary s workers. In factories, warehouses, stores... indoors and outdoors. Work as much as you want. Or as little. It's up to you. There's a Manpower office almost anywhere you!re spending the summer. Stop in and we'll plan a job schedule for you. „• Contact your local ARMY NATIONAL OOARD R«crultar and '^»/?.{**»^W ASSISTANCE »•• If YOU qualify (716)888 2330 '%£:< .«^^£^S^ jM|- JTrfKSm&jtim GLjSdQ THIS OFfIR hF i» WrS'l X^Ss*.?'!^CT OOOD UNTIt JUNI If, I ?7t �Meditations of a Lawyer-Mom on Graduation Eve by Tanya Miller impossible. A typical day begins at 4 a.m. When life was nothing but very when the local morning paper is young children, baking, volunteer delivered to my curb. Although I work, PTA, suburbs, sewing, etc. have never done anything to fantasy used to take hold and offend the truck driver, for some there I'd be you guessed it in unknown reason he is out for a courtroom making an argument revenge. He always gunsthe truck before a dark-robed jurist who engine when he pulls into my scared me half to death. The driveway and never fails to slam frightening aspect was short lived the lid on the paper boxes. for reality would set in and the Just as I recover from that fantasy would be blacked out by a shock, 5 a.m. rolls around and an shriek from nearby "Quick array of noises that would jolt Mom, help me get to the normal human beings out of bed bathroom." and through the ceiling begins. More than once this fantasy One of my sons sets his clock invaded my consciousness but not radio on the loudest rock station. once did the thought of actually The other sets his alarm to buzz becoming a lawyer ever enter my on the other side of the room so informed me the laundry chute is project); or I can't go to school brain. Then WHAMMO with he has to get up to turn it off. full. Believe me, that produces the today because my other sneaker is a very great change in my simple You guessed it. He rolls over and most empty feeling you can lost; or someone took my coat; or existence, turning the fantasy into lets it buzz. (I must find time to imagine two stories of dirty I need to know right now if I can reality began to haunt me until have his hearing checked!) Each sweat socks, jeans and other buy a chain saw; or I missed the one day I applied to law school. paperboy then rises and, of lovely goodies that only a bus. Things have not been the same course, quiet is not the name of houseful of boys could produce. In the midst of all this, the since either for me or my six sons. the game clomp, clomp, clomp, Oh, well, there must be some phone rings. One of my two boys Three years ago, in my humble bang, bang, garage door up, paper reason why the good Lord sent who is away at college calls and existence, a tort was a big fancy box slammed. (Surely, King Kong me six boys! (Really, my boys are vefy lovingly says good morning, cake with walnuts, meringue, and must have stayed over.) wonderful kids and I wouldn't followed by a request for funds. whipped cream. Little wonder Silence reigns for about twenty tirade theVn for the world! well, All, or any combination of the first semester torts nearly bent me minutes until the early morning maybe sometimes?) above can occur on any given out of shape! (Say nothing of street wanderers return from With laundry conditions in morning. Believe me, there is what civil procedure, criminal law delivering papers and throw their hand, the rest of the household never a dull morning in our home! and contracts did to my poor wet clothes in the dryer. There's begins to roll out of bed and the By this time, it is 8 a.m. and I brain). Each day, as I struggled always a pair of overalls so the requests/complaints begin I feel like it must be at least four in out of bed after reading 'til 2 a.m. drier clangs and clunks from the need a check for my audition; or the afternoon. Good grief, I have and still not understanding a buckles. Mom, I forgot to tell you I need fifteen minutes to eat breakfast, word, I would ask myself over and By this time I usually give up, to bring a treat today; or you are make my bed, clean up the over again, "What in the world are turn on the light and begin to read supposed to be at a meeting at ten kitchen, pack a lunch for my you doing anyway?" what I didn't finish the night this morning; or quick, sign this youngest son, and still get to It was not a very comforting before. (After three years of permission slip (I often wonder school by 8:30. (You better feeling to sit through classes week reading such things as UCC by what I have given permission to believe something has to give in and week out and not White and Summers, Torts by do); or I need fifteen dollars for a the house!) By 8:30, class is a deposit on my back packing trip; Welcome relief understand a single word spoken. Prosser and Evidence it's rest time for by No doubt, everyone else knew McCormick either very early in or you forgot to buy peanut me! As the second year of law everything. More than once, the the morning or before falling butter; or I don't have any more thought of running away occurred asleep at night, I must admit I am clean underwear; or he took the school rolled around, class was last good jock strap; or have you not an incomprehensible task. to me. Then I wouldn't have to beginning to feel like a pervert.) face quitting! B,ut | struggled on. When six-thirty rolls around I seen my homework; or why did Those of us who were in this Some days, after a morning in my often feel a strong compulsion to you throw my art project away (I together often wondered if it was household, going to school to get up and do some laundry, didn't know all those cereal boxes because we were second year concentrate was next to usually when one of my boys has pasted together was an art students or if the subject matter was easier. (I really believe the hardest courses in law school are ] The Student Bar Association taught the first year.) Second year came and went in conjunction with but the class preparation did not — — — - - — — - — - - The Senior Class presents \ ! \ i The First Annual | Barrister's Ball Wednesday, May 23 The Buffalo Athletic Club Dancing 9 pm Music by Johnny LoVecchioj - 1 am Open Bar Tickets $10 j Hors d'oeuvres - law students; $15 - others April 23 See Cindy in Room 312 or Table set up - 30 How to find a summer job* Talk to Manpower. We've got summer job opportunities for office temporaries. Typists, stenos, receptionists, and more. Work as much as you want. Or as little. It's up to you. There's a Manpower office almost anywhere you're spending the summer. Stop in and we'll plan a job schedule for you. e> ' MANPOWER* TEMPORARY SERVICES An equal opportunity employer. seem to take any less time; In fact it became more and more tedious. Self discipline (some thing that has always troubled me) was the name of the game, and more often than not, it was missing. But the second year managed, by some miracle, to end with the usual range of "Q","Q" and "Q". After summer school, the time before fall semester began dragged. You need not think I am totally crazy, but I used to drive to school some days and spend hours reading the bulletin boards so I could get away from the kidsi In retrospect, it was crazy, but it sure beat being at home with the boys on a hot sticky day when they were fighting about whose friends would be allowed over for the afternoon. When third year started, it was a great feeling to know two of three years were over and only 33-1/3 per cent of studies remained. The year passed quickly and here we are at the end of the line, about to graduate. It does not seem possible, but when I look at every room in my home which is cluttered with all my casebooks, hornbooks, books nutshells, notebooks, review books I know I have made it. I had the opportunity, the last two months to work in a law firm and I find the work exciting and wonderfully interesting. Just a confirmation that my decision three years ago, crazy as it was at the time, was the best one I have ever made. Not only do I now have the opportunity for a career which I know I will enjoy, but my boys have become very self sufficient young men, and very understanding when law school wasn't so great (i.e. exam time, paper writing time, etc.). They learned what it was like living with a female who was crabby, short-temerped and at times, down right nasty. This is probably the best training they will ever receive for their futures! I will miss law school, not because I crave theory and book learning, but because of the very special friends I made over the last three years. I hope they will be life-time friends for they are some of the greatest people I know. Without them, I never would have made it. Nor would I have made it past first semester without the tender loving care extended by section three professors. They made a sincere effort to ease some of that awful tension which was great in someone like myself who had been out of school for so long. To them I am grateful. Truthfully, I will not miss exams or the horror of some classes where I learned to find the most unobtrusive seat so I could avoid possible intimidation by a few professors. (I am much to old to bear up well under such circumstances.) Nor will I miss that joyful walk between the parking lot and O'Brian Hall when the wind chill factor is 60 below zero. All in all, the pluses far outweighed the minuses. I am extremely happy I made that first plunge three years ago and hung in 'til the end. No more walnut torts for me! — — April 26, 1979 Opinion 5 �Culinary Counsel Desserts Signal Suozzi's Sweet SorrowfulSend-off 2 cups, 8 tablespoons sugar 4 teaspoons flour 2 cups raisins Separate the four eggs. Put the yolks in a saucepan, and add the sour cream, 2 cups sugar, 4 teaspoons flour and 2 cups raisins. Mix thoroughly and cook until thick. Pour mixture into a 9 inch cooked pieshell. Beat egg whites with electric mixer and add 8 tablespoons sugar to form the meringue. Put this on top of pie and bake in oven until the meringue is The last column. My adventure into culinary brown. journalism is nearing its end and I And for you calorie conscious have mixed feelings about it. cooks, here's a dessert that at least I have enjoyed my bi-weekly journey into the kitchens of UB doesn't sound fattening. law school, though at times it was quite a chore coming up with Tomato Soup Cake/ something to print. (I'm sure from Bob Silver there are those who feel the 4 tablespoons shortening product was not always worth the 1 teaspoon cinnamon effort, ma, chesipuo fare 1.) I have 1 teaspoon baking powder tried to give equal space to diverse 1 teaspoon baking soda tastes. I hope I haven't offended 2 cups flour omission. was anyone by My goal 1 cup sugar to expose inexperienced cooks to 1 can tomato soup a variety of easy to prepare dishes, pinch of salt and occasionally include one to challenge an old hand. Whether I Cream the shortening and have succeeded or not is questionable and really not sugar. Add the soup and soda. Beat well, then add the remaining relevant.anymore. 1 did succeed in obtaining lots ingredients. Mix again and bake at of great recipes. Again, I would 350 degrees for 45 minutes. like to thank the many persons who have contributed to this column for the past seventeen Bavarian Cream Pie/ issues, especially those who bailed from Tanya Miller me out at the last minute. Sharing recipes with others has been one Filling: 3 slightly beaten egg yolks of the most rewarding aspects of cup sugar Vi this experience. !4 teaspoon salt So here are the last recipes of 1 cup milk, scalded my tenure as culinary counsel. 1 tablespoon (one envelope) the dessert. Enjoy unflavored gelatin Va cup cold water Sour Cream Raisin Pie/ from Bob Silver 1 teaspoon vanilla 3 egg whites, beaten stiff 4 eggs 1 cup heavy cream, whipped Crust: 2 cups sour cream by Paul Suozzi ' Vh cups chocolate wafer high speed with an electric mixer crumbs (38 wafers) for 15 minutes or until very stiff 1/3 cup melted butter First make the crust. Combine the wafer crumbs and butter and press into a nine or ten inch pie pan. Chill in refrigerator. Combine the egg yolks, sugar and salt. Slowly add the milk. Cook in a double boiler until the mixture coats the spoon. Soften the gelatin in cold water. Stir into the hot mixture. Chill until partially set. Add the vanilla, then fold in the egg whites and whipped cream. Pour into the crust and chill until ready to serve. The top may be sprinkled with a handful of wafer crumbs if desired. Lemon Angel Torte/ from Tanya Miller 4 egg whites % cup sugar V* teaspoon salt Va teaspoon cream of tartar 1 cup heavy cream 1 recipe lemon filling Preheat the oven to 450 degrees. Place the egg whites in a small mixing bowl and beat at _ J cup graham cracker crumbs 3 tablespoons sugar 3 tablespoons shortening or margarine peaks form. Gradually add the sugar, salt and cream of tartar. Spread in a well buttered nine inch pie plate. Place in the preheated oven and turn the heat off. Let it stand in the closed oven for five hours or overnight. (Do not peek !) Fill torte with half the whipped cream, then with the lemon filling, then top with remaining cream. Chill five hours. Serves eight. Preheat oven to 350 degrees. Combine above ingredients, then press into the bottom of a nine inch cake or springform pan and bake for 10 minutes. Filling: 3, 8 ounce packages of cream cheese VA cups firmly packed dark Lemon Filling: brown sugar In a double boiler beat 4 egg 2 tablespoons white sugar 3 eggs yolks (from whites above) until thick and lemon colored. 1 Vi teaspoons vanilla Gradually beat in Vi cup sugar, Combine the cream cheese and dash salt, 1 tablespoon grated lemon peel and three tablespoons sugars. Add the eggs one at a time lemon juice. Cook over simmering and mix well. Blend in the vanilla. water stirring constantly until Pour over the crumbs and bake at thick (about five minutes). Cool. 350 degrees for 50-55 minutes. (Commercial brand lemon filling Loosen cake from pan. Cool can be substituted. Make the before removing rim. Chill, brush filling as directed and use half for with maple syrup and garnish top this recipe, the rest in custard with pecans. Serves 10 to 12. cups.) Peanut Butter Pie/ Praline Cheese Cake/ from Rose Mercaldi from Shelley Mayer Crust: 1 package cream cheese (8 ounce) „ 1 cup confectioner's sugar 1 carton frozen non-dairy topping (9 ounces), thawed 1 graham cracker crumb or baked pie shell, 9 inch 14 cup finely chopped peanuts It Has To Get Better 'Cus It Can't Get Worse by Bob Siegel Are you dismayed, your ends frayed, feel betrayed, or afraid? Do you wonder what has become of that other part ofyou, the part with feelings and emotion, the part you liked? Do you feel overworked and underpaid, overtired and underappreciated? Are you sick, bored and just downright confused about why you're where you are? You're sick of Socrates and fed up with Federal Tax and you don't know what to do and you hear that young associates work 18 hours a day and "is there life after law school" you ask yourself as your mind begins to ramble and... S*. Caveat: Law School Can Be Hazardous To Your Health It's like an experiment out of the laboratories of Dr. Frankenstein. All of a sudden you wake up and see a frightening sight. You've been reduced to a shell of what you used to be. No, you don't have bolts protruding from your head, but everytime you open your mouth, the doctrinal garbage flows. Looking at this amazing transformation, you're scared. What have you become? You're a zombie who can be found constantly on the prowl somewhere between Norton and O'Brian. You've always known that everyone in the real world hates lawyers and considers the profession to be extremely parasitic. Now you've finally been able to take a step back, look at yourself, and realize that it's true. "Well, I could be a probate lawyer," you say to yourself, "and make a ten per cent commission per signature, or I could stoop to the low plateau of a criminal lawyer and pretend I never took legal ethics, or I could work for a multi-billion dollar corporation since it's easier to screw a group than an individual (remember Hiroshima), 0r... but wait a second. None of these options sound too appealing. What happened to the idealist in me? Wasn't it I who was going to save the world?" Opinion 6 April 26,1979 You finally see the light. Maybe the legal profession isn't all it's cracked up to be. Maybe working 18 hours a day as an associate is not your idea of living. "But what else can I do? I've already dropped my anchor. F owe out my soul in loans and don't have a penny to my name. I don't have any creative ability or I wouldn't be here in the first place. Obviously my grades weren't good enough to make medical school. So what am I going to do? What can I do?" It seems like your choices have been narrowed to either becoming a lawyer or becoming a bum (not that the two are necessarily mutually exclusive). And who wants to be a bum with a graduate education. They're sure to say you're over-qualified, and you'll be the joke of the Bowery. What options do you really have? You can become a bum for the rest of your life and be unhappy, or you can continue your legal education (and in the process lose your identity, pride, and self-esteem) and from there go on to lawyering and be unhappy! The problem is that both forks converge at the same point. "So am I optionless?" you ask yourself as you pour another shot of whiskey. "Is there any reason to go on?" There is one remaining option: suicide. "No memos, no Socrates, no resumes, no hassles... ah, sweet bliss" you quietly think as you pull the .45 caliber revolver from the top dresser drawer. "The inside has died so why not put the shell out of its misery" you ponder as images of "The Deerhunter" race through your head. Slowly you raise the barrel to your temple and... BRIINNGGG! BRIINNGGG! . BRIINNGGG! "It's all over," you mumble as you shut off youralarm and start to get ready for class. As you wipe the sweat from your brow, down your morning coffee, and race to school, unprepared as usual, you wonder, "It's a nightmare when I'm asleep and a nightmare when I'm awake maybe tomorrow will be better..." „ Vi cup peanut butter '/2cup milk Whip the cream cheese until soft and fluffy. Beat in the peanut butter and sugar. Slowly add the milk, beating until well blended. Fold topping into the mixture. Ladle into the pie crust and sprinkle with peanuts. Freeze until firm before serving. Irish Coffee/ from Richard T. Boehm 1 shot Irish whiskey (size of shot optional) 1 teaspoon sugar strong hot coffee heavy cream, whipped (frozen and canned whipped cream are not allowed) In an Irish coffee mug (or whatever is handy) combine the whiskey, sugar and about 4-6 ounces of coffee. Top with whipped cream. IMPORTANT. Do not mix cream into coffee. Drink coffee through the cream. �Cute Faces in Cute Places photos by mike shapiro and randi chavis April 26,1979 Opinion 7 �Lippes Argues For Canal Homeowners — continued from page one three to five years some economic disincentives against dumping that will take the federal government, through statutes like TOSCA and RCRA, 20 years to do, if it can ever do it." Proceeding under common law theories of negligence, .nuisance, and trespass, Lippes hopes to hold the defendants to strict liability for mismanagement of hazardous substances. Showing causation of specific injuries presents intricate proof problems. Consultants are already preparing sophisticated toxological surveys which indicate injury rates far beyond the national average. Lippes expects to begin litigation within a month or so. One major issue in the suits will be whether they are time-barred. No perfect analogy exists in statute of limitations cases, since Love Canal litigation is of the first-impression genre. The trick of the cases is assigning a date of injury, or the time individuals could have reasonably known that their injuries existed and were a result of toxic exposure. Lippes is also planning a class action suit on behalf of the entire Homeowners' Association for property damage. Besides the environment, Lippes' specialities include student law, constitutional law and incorporating not-for-profit groups. Student government at UB retains the firm for prepaid group legal services. The constitutional work is a holdover from Lippes' leaner years, when he did quite a bit of criminal work. The Saint Augustan Center, The Empire State Ballet, and the Buffalo Theater District Association, among others, are groups he has incorporated and represents. Lippes is a man in an enviable position. There are plenty of environmental lawyers around willing to argue the corporate side, but citizens' lawyers are scarce, he said. With the developments of the past week, Lippes stands to get even more business. New evidence continues to come in. Last week a House subcommittee released a report containing some of Hooker's internal documents which indicate knowledge of health dangers to homeowners 20 years ago. But an even more delightful chunk of manna fell on Lippes this week when a former Hooker employee surfaced with a startling 250 page document called "Operation Bootstrap." Michael Bayliss was a supervising engineer and an efficiency expert at Hooker until one year ago. He said he was finally fired last February after Hooker tired of his constant complaints about health and safety conditions in the plant. Bayliss was able to document some horrendous health hazards to which workers were exposed and to obtain the "Bootstrap" papers, an internal health and safety study. Lippes and Bayliss have already exchanged notes, and Lippes may have a bonanza of occupational injury cases on his hands shortly. Bayliss, of course, will make a v Opinion 8 superb expert witness. Besides, Bayliss needs a lawyer himself, since Hooker is presently threatening suit against him for releasing documents against 'company policy and violating a clause in his employment contract. After spending three years inside Hooker Chemical operations, Bayliss guffaws at the mention of the Occupational N Safety and Health Administration (OSHA). He called OSHA inspections bogus, and said conditions in the plant would have shocked an inspector had he been able to take one on a tour. The document Bayliss has backs up his claim. For example, C-56 a deadly compound and building block of the banned pesticide Mirex, was manufactured in a non-ventilated building. Building D2lO was so full of dust, Bayliss said, that "The government would have shut it down if it had been a flour mill because of the explosion potential." The dust is dechlorane, another pesticide containing C-56, a compound considered 10 times more toxic than deadly phosgen nerve gas. Plant workers used to laugh at Bayliss' warnings, replying "This ain't no chocolate factory, sonny." But last week, the president of the Hooker workers union, Neil Hayes, said union members are beginning to worry about the working conditions. Workers claim they were never told when they were handling toxic chemicals. One employee told The New York Times he used to test C-56 for crystalization by patting the compound into chemical "snowballs." Bayiiss calls it corporate murder. OSHA needs a search warrant to inspect. The scenario is building. The Justice Department has told Bayliss not to speak to officials from any other agency but itself, so developments will be interesting to watch. Piercing the corporate veil? This law student seems to be taking the course too literally. Students have gone to great lengths to prepare for finals, but this one's undercover investigation seems a bit much. Tight Shoes Result in Bar Failure by Ralph J. Stairsteps JacSb Fuchsberg was afraid to bathroom, such stops can be writing to give some of costly. 4. Do not have surgery anytime you the kind of advice that will get you through this horrible during the bar review period. See call, I am Each year thousands of New York and alien law graduates plummet headlong into one of the exam. most terrifying experiences Many of you might think known to human existence: The multi-state will change the 'New New York Bar Exam. To see these York exam. Wrong. Perhaps the assorted anxiety-prone throngs short answer questions will be one would never venture to guess more general and limitedjo areas almost one-third secretly hope to of law generally covered in law fail this monumental test of schools (unlike the old short stamina; agility and mental answers which generally dealt cohabitation. only with subject areas considered The Marißri Institute of Bar archaic in 1910), but by and large Studies has just issued a report the New York examiner's that confirmed this author's penchant for doing the suspicions: one-third secretly extraordinary will remain. Perhaps desire to fail. There is no single it will be in the form of an essay thread which unites this group. question on gastrointestinal They are held together by many disorders as they relate to a strands. For some, failing is a way restaurant's breach of warranty. out. They will not now nor ever Be prepared. fulfill their parent's dream of Wall I do not make predictions as Street. Instead, they can retire to other bar predictors. My advice Malachai and braid tapa, drink does not read as Mr. Marino's: Polynesian drinks advertised on "There will be a question on Chinese Restaurant menus, and Labor Law, New York Practice, never confront the outrageous out Contracts or UCC, Con. Law, there who call themselves the legal Dom. Rel. two on New York community. Practice, etc...." Another group that fails is Those predictions are motivated by something different: worthless. That happens every individuality. It is quite clear, that year. although many complain about I do not make predictions like the difficulty in passing the New Stan Chess: York Bar, three times as many "Well we don't think you can pass as fail. For those who do not predict, but there will probably be like crowds, failing is the only a question on Labor Law, New answer. York Practice ..." But I am not writing this My predictions are more like article about the failures. As one Jimmy the Greek's. For instance: who passed, and it is rumored in The odds are 10-1 against the New Albany my score was so high York examiners raising the pass rate to 90 per cent. The odds are 5-1 against the New York examiners raising the pass rate to According to the dean the survey 80 per cent. So much for has two purposes. predictions. The following is unsolicited "The first is to relieve student anxiety over the bar exam by advice. I hope it will aid you, at enabling them to pick up some least those ofyou who really want familiarity with areas of the law to pass the exam. For those of which they have not been exposed you who secretly desire to fail, it to before. A second purpose is to will be* a revelation. Contained in breakdown compartmentalization these words will be the very mode of legal topics," he said. of operation (modus operandi, for Commenting on the new Mike Buskus) to lead you astray. program the dean said, "Putting it 1. Always wear comfortable all together in an educationally shoes during your bar review sound way is an immense task, course. Tight shoes will affect but even if it fails it is worth a try. your mental processes and you One has to keep trying new things will spend more time rubbing at the risk of trying and failing. your feet than taking notes. The burden of proof placed on an 2. Do not fall in love during innovator is that one should not the bar exam or review course. embark unless sure of a better You will spend too much time educational experience. But my rubbing his/her feet and not view is more balanced. If you have taking notes. See rule number a good shot at it, try it even one. 3. Do not eat fried foods, or though you know some percentage of the plans are going any recipe of Paul Suozzi'i while to fail." studying for the bar exam. An In order for the new program occasional violation may not hurt, to be successful it must be but definitely follow this rule in supported by the faculty, the late June and early July. Heavy dean said. "What is needed is a food will lead to much time in the reasonably strong consensus bathroom. Unless you do not among the faculty and not simply keep Time, Ms. or other a majority vote," he said. interesting material in your - rules one and three. 5. Do not run for higher office during the bar review period. Do not even run for lower office. Don't run for busses either. One student who did is still trying to find his Dom. Rel. (domestic relations) notes somewhere on Sweet Home*Road. 6. Allow weird desires to come through. Stand up on busses and sing The Impossible Dream if you must. On your way to the law school it is permitted to open all your car windows while you sing to the radio, "Sweet Home to the law school, where the rooms are so blue. Sweet Home to the law school, Now I'm coming home to you." 7. Do not take baths. See rule two. New Courses Planned — continued from page one The proposed structure of the third year curriculum would consist of three sequence courses including a seminar, three elective courses chosen from substantive courses or mini courses and a course entitled a survey of American law. The four sequence courses, one of which is to be taken in the fourth semester of law school, would enable a student to develop some expertise in a specific area of law. Dean Headrick said, "The intent is to provide students with a level of sophisticated problem solving faculties which students could hot derive from taking only survey courses. The experience of working in technical areas of the law will carry over into other areas of the law." To alleviate potential problems caused by limiting students to choose only five substantive courses, the dean proposed the five credit survey of American law, which would be offefed to graduating seniors. The survey would provide a broad overview emphasizing the interrelationship among the different areas of law. April 26,1979 ■ Many of you probably read this list and said, "Garbage." In August it will be too latefor you. One last note. Anxiety is good in June. Even in early July it's not bad. However, the day before you take this exam you must dismiss it. There are several theories on this subject. My feelings are as follows. Of all those taking the bar exam there is a certain number from out-of-state law schools. They did not take New York Practice. They will fail. (For those who did not show up for New York Practice, take heed). There are those repeating the exam who already failed it once. At least one-third of them wanted to fail to begin with. They will fail again. Now it starts getting tough. You can usually convince yourself a number of private practitioners who were not able to waive in from their respective states will also be taking the bar. They will fail. Here is where you can take some advice and succeed where others fail, just keep repeating: "I did not wear tight shoes during the bar. Some did and they will fail. I did not fall in love during the bar exam. Some did and they will fail. I did not have major surgery, nor take baths during the bar exam. I did not eat fried foods. I did not eat Paul Suozzi recipes (they also take a lot of time to prepare). Those who did will fail. I did not. I will pass." I think the frame of mind, or lack of one, that is necessary to pass the New York exam is quite clear. The Institute of Mind.and the Law has concluded the highest pass rate in New York was attributable to students with frontal lobotomies or those from New York Law School. Draw your own conclusions. Write your own ticket. Good Lunch. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-04-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/26/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State ML University of New York at Buffalo School of Law Volume 19, Number 14 Orientation Schedule '79 July, 1979 LawTWelcomSchool Monday, August 27 10:00 a.m.— 5:00 p.m. Information tables on first floor, O'Brian Hall to inform students on housing, organizations, and registration 6:30 p.m. Meeting with Dean Headrick and general information Moot Court Room 7:30 p.m. Small Group Meetings Answers ■ 8:30 p.m. whenever Party meet faculty, administration and staff (location to be announced) All Day Library and building tours - - Questions and - The Orientation Program for incoming students this year will consist of a three-day program, August 27, 28 and 29. Classes begin on Thursday, August 30. There will be continuing orientation during the semester. The major focus of orientation will be helping new students become acquainted with the law school building, fellow students, professors and life in the Buffalo area. The Orientation Committee is striving to organize a program which will help newcomers before the semester begins. First year students are encouraged to attend orientation, ask questions and take advantage of opportunities which are not available once classes get underway. Tuesday, August 28 9:00 a.m. Coffee and Doughnuts Lounge 10:00 a.m. Small Group Meetings Tours and Study Clinics i - First Floor What's Inside... Lunch Orientation Schedule 1 Organizational Meetings (Watch for Announcements) HELP! Where to Find It 2 A Message From The Dean 3 Getting Around Buffalo And The Law School 4 Lav; Student Activities 5 Section Meetings meet the faculty for followed by a question your section and answer session with second and third year students What They Expect From You 6 Your Courses And Professors A Profile 8 10:3011:30 a.m. Administrative Hour Administration Profiles 12:006:00 p.m. Picnic 1:00 p.m. 2:00 p.m. 5:00 p.m. - All Day Information Tables 8:00 p.m. - The Great Buffalo Bar Crawl Wednesday, August 29 9:30 a.m. — - - near tennis courts at Ellicott Complex (alternative rain location will be announced) NOTE: An updated schedule will be handed out at Orientation. - 7 Most Asked Questions Recess • , 10 S- .11 14, �Welcome to O'Brian Hall! The Opinion staff and the Orientation Committee have put together this summer issue to introduce some of the faculty members with whom you will have the good luck or misfortune to contend, to acquaint you with the law school and the university at large, to report on law student organizations and activities available to you, and to show you that things other than blizzards and unemployment go on in Buffalo. Law school is quite an experience, and we hope some of the information herein (you might as well begin to get used to legal jargon) will make the good times better and more frequent and the bad ones easier to cope with. / Rake muck for the Opinion, U.B. law school's student newspaper. Published bi-weekly, Opinion covers a diverse range of material, from school politics to events in the world of law, from book reviews to the intricacies of stuffing sausage. If you're a budding Tom Wicker or Art Buchwald whose career has been interrupted by law school or even if you've never picked up a blue pencil stop by and see us during orientation. Our office is Room — — 623. Good luck to you all in the coming semester! A grade referendum, protesting late grades, and lobbying against a proposed tuition hike... these are only a few of the issues the Student Bar Association (SBA) was involved with this past year. Add to those the annual Law Revue Show, softball tournament and TGIF parties, and you get an interesting, well-rounded student government. As a representative of the student body, SBA will continue to effectively lobby the administration for positive changes in the law school. Once you matriculate at UB law school, you become a member of SBA. Elections for freshman representatives are held in Septembef. Anyone is eligible to run. Petitions and regulations will be available soon after Orientation. SBA also disburses student activity fees to all recognized student organizations and appoints student members to faculty-student committees. Through SBA organizations speakers such as Ralph Nader have been brought to the law school, and other such programs are being planned. If you're interested in contributing to the law school, become involved in SBA. The only way to change policy, institute programs, or just have some fun with the students and faculty is to make your views known. Let SBA be your forum. . Good luck, and welcome to law school - Leslie Wolffe SBA President July, 1979 EDITOR-IN-CHIEF Randl Chavlj News Editor Feature Editor Business Manager Photography Editor 2 Registrar's office - Charles Wallin, Registrar, 313 O'Brian, 636-2060. Allan Canfield, Assistant Dean for Student Affairs, 311 O'Brian, 636-2060. - Orientation Information Canfield's office or 836-1559. Ricky Ted Tobias Bob Slegel Samuel, Jr. Michael Shapiro Joe Peperone, Office of Admissions and Records 636-2060. - c/o Allan 306 O'Brian, Placement Office - 309 O'Brian, 636-2056. - - Registrar 3rd floor Official Notes, Grades, Class Changes. Placement 3rd floor Job Openings, Placement Information. - - 3rd floor, usually on door of Rm. 314- Financial Aid Information and Deadlines. Financial Aid Housing - Ist floor lobby. Class Notices - 2nd floor Schedule Changes. Student Message Center - - Class Assignments and - 2nd floor. - Dean's Office 3rd floor Official Notices from the Office of the Dean. Student Bar Association 2nd floor, or on door of offices on Ist floor. - — University student association Survival Guide publication giving information on life in Buffalo: what, when, where, how, who, how much, etc. This will be handed out at Orientation. The O'Brian Notes - - A Handbook for Law Students To be handed out at Orientation. This booklet has information on all phases of university and law school life. It features sections on academic and financial aspects of the law school, as well as information on student organizations, activities, publications, and life in general. - University-Wide Information University Information Services at Crofts Hall, Main Street Campus. - Managing Editor Amy Jo Fricano it Where to Bulletin Boards: To all new students: Vol. 19, No. 14 HELP! find . . . Notes & News This is a law school newsletter which comes out every two weeks and contains announcements, coming events, and miscellaneous newsworthy items. �A Message From The Dean Education has many rituals. One of the more cliche-ridden concerns the welcome of new students. Usually they are invited to join in a great adventure to explore worlds unknown to them and perhaps to all mankind. They are told at length about the glories of completing the degree and remaking some corner of society. One gentle voice within me says: observe the ritual; it is expected; it does not hurt. Another voice says: drop it; give it to them straight. In lawyerlike fashion, I come down in the middle.. A legal education does open doors, both for your intellect and for your ambition. Our concern is with your intellect. If we do our job and you do yours over the next three or four years, you should acquire a mental agility and toughness that enables you to form and dissect legal and factual arguments. You should develop a good map of the law that prepares you for locating any client or institutional problem in its legal and its non-legal context.-You should learn how the legal system works, not just how it appears on the paper of constitutions, statutes, and codes, but how it really operates, how it affects people and institutions. You should expand your capacity for learning quickly about a problem and for picking up the knowledge and information required to find a workable solution, which may not always be a legal solution. You should gain some experience, vicarious and actual, in wrestling with the sometimes competing claims of client and conscience, for you will have to serve both masters in your legal career. The State University Law School exists to provide education for lawyers who will become leaders in the profession and in society. If you see the end of a legal education merely to be getting the J.D. and passing the bar exam, your legal education will be a failure. It is most likely that you will become a legal mechanic. But if you come to see legal education as one means to understanding how our society in its infinite complexity functions, both well and poorly, you will have begun your way towards becoming a leader. You will have taken the best from the legal education that this law school provides. You can become a leader or a mechanic. It will depend on how you choose to approach your legal education. Our curriculum has many doors awaiting only your push to provide openings for both your intellect and imagination. Together, the courses and the faculty offer extensive opportunities to develop your mental agility, understand the legal map, study how the system operates, expand your ability to learn quickly, and wrestle with competing moral claims. Choose well, choose widely, and good luck. > .. i| Thomas E. Headrick Dean * 3 �Getting Around Buffalo and the Law School O'Brian Hall O'Brian is the center of the law school universe. If incoming students plan to visit the school during the summer, it will be helpful to know a few things in advance. O'Brian is located on the Amherst Campus at the corner of Millersport Highway and Maple Road. You will probably have to acquire a map of the campus, or rely on the advice of friendly natives in order to find your way around. Inside O'Brian, the first floor contains large lecture rooms and a student lounge. The entrance to the library is on the second floor along with academic bulletin boards and smaller class rooms. Administrative offices, such as the registrar's and Dean's offices, are located on the third floor. These offices will be open during business hours on week days during the summer. Professors' offices and offices of student organizations are located primarily on the fourth through seventh floors. There is no building directory so one usually must ask on the third floor if a particular person or office is sought. Transportation The Amherst Campus is three miles north of the Main Street Campus, which is located within the city limits of Buffalo. The University provides buses between the campuses. Schedules are posted on the first floorof O'Brian and at Squire Hall on the Main Street Campus. Schedule information may be obtained by calling 831-1476. Transportation around the Buffalo area is fairly easy with a car. Maps may be obtained at Squire Hall on the Main Street Campus, or in Norton Hall on the Amherst Campus. Marine Midland Banks usually have good maps as well. City buses travel up and down Main Street regularly. Bus stops are marked by yellow signs and yellow painted bands on light poles. It takes roughly a half hour to travel from UB to the downtown business section on Main Street. The Greyhound Bus Terminal is on Ellicott Street, near Main Street and the business section. You can write to Metro Bus, 855 Main St., Buffalo, N.Y. 14203 for city bus schedules. Also, many banks carry bus schedules, and the major bus stops downtown have schedules posted for major routes. Housing Good housing can be found at many prices in the Buffalo area. The market fluctuates so it is hard to give advice now for the late summer, but a few hints are in order. Buffalo is a working class city. A lot of individuals own two or three houses and rent them for supplemental income. As a result, rental agencies often do not have the best listings and also charge a lot for their services. For these reasons, you will probably be better off using other sources. Get a map of Buffalo and try to orient yourself. The law school is located in the relatively wealthy suburb of Amherst, north of the City of Buffalo. Housing here is not cheap, but usually of high quality. There is little public transportation out in Amherst and most stores are located in malls. If you have a car and the money, Amherst may be the place for you, but you will have to travel for both entertainment and your personal needs. „ If you travel southwest on Millersport Highway, which runs along the east side of the Amherst Campus where the law school is located, you will run into the corner of Main St. (Rte. 5) and 4 Bailey Aye, (Rte. 62). Running southwest from this corner is the Main Street Campus of ÜB. This corner also marks the northern boundary of the City of Buffalo. The area around the Main Street Campus, especially to the South and West, for as far as you can walk in about 20 minutes, constitutes the major area for student housing. Housing here is not especially cheap when you consider the quality of many of the homes. Unfortunately, location drives up the cost of living in this area. It is extremely convenient for those who don't have cars because the University maintains a shuttle bus to the Amhest Campus at no cost to students. There is also good public transportation right off the Main Street Campus going downtown into Buffalo. The Main Street area has a variety of shops, restaurants, banks, and services, too. Main Street is really the main drag for Buffalo and useful for map navigating. It runs along the west side of the Main Street Campus heading southwesterly into the heart of the City. If you follow Main Street to the other side of the railroad tracks to the southwest of the Main Street Campus, you find another good housing area, west of Main Street and south for quite a number of blocks. Loosely, this is the Hertel Avenue Parkside Avenue area. Housing is cheaper here and the neighborhoods are quite lovely in spots, but it is really too far to walk. Taking the bus to the Main Street Campus every day can be expensive at 45 cents (exact change necessary) each way. Another landmark in Buffalo is Delaware Park. It is bounded by Amherst Street to the north and Delavan Avenue to the south. It is west of Main Street and east of Elmwood Avenue. The park is large; it has a golf course, playing fields, and a large lake. The Buffalo Zoo is located there. The Art Museum and Historical Society are located on the west end of the lake. This west end of the lake is also near Buffalo State College, which is on the west side of Elmwood Avenue. The student union here is a good place to check for housing in the area,' usually known as the West Side. The West Side area runs south of Buffalo State for a long way. This area is cheap to live in and is very popular with students. There are strong communities here with lots of services, but it is a long drive to the law school. These are just the major areas that are populated with students. You should choose an area to suit your pocketbook and transportation needs. For law students it is important to remember you need to be able to get all the way downtown straight down Main Street to the central Buffalo business district. This is where all the main courthouses are located and where most attorneys have their offices. This may not be so important for first year students, but if you plan to settle in one place for the next three years, it is a factor to consider. A really good source for housing prospects are bulletin boards, especially if you are willing to move in with other students who are looking for roommates. Check the board on the first floor of the law school for possible housing with other law students. Roam some of the other buildings on both campuses as many people hang signs all over. There is an off-campus housing office at Squire Hall on the Main Street Campus. This office has some listings of available rentals and information on what to watch out for in selecting housing in Buffalo and signing a lease. The office is open 9 a.m. to 2 p.m., Mon.-Fri. The phone number is 831-5534, but no - — — continued on page 16 �Law Student Activities The law school qffers many excellent opportunities for you to apply your special interests and what you've learned to a widerange of specialized activities. Among them are: Opinion Opinion is the law school newspaper, which is printed every two weeks during the school year. Anyone with an interest in writing, photography or layout is welcome. • Buffalo Law Review The Review staff publishes scholarly articles of legal interest by students, faculty, and other members of the profession. Staff selection is based upon first year grades and a writing competition. National Lawyers Guild Buffalo Prison Task Force The Task Force's activities include working for a moratorium on prison construction, assisting the Legislative Action Committee (an inmate organization at Attica which works for legislative change) and working with the American Civil Liberties Union at the Erie County Holding Center. International Law Society The goals of the ILS are to organize student interests in transnational law and public international law, to establish a resource center for information on summer and post-graduate courses and to organize campus and community symposia and events on current international legal issues. The NLG is a nationwide organization of lawyers, legal workers, law students and jailhouse lawyers who use their legal skills to aid the struggles of working people, minorities and women. The Buffalo Chapter offers a unique opportunity to remain politically active while attending law school. Buffalo Legislative Project The BLP provides law students with the educational opportunity to perform various types of legislative research and bill drafting. Moot Court Board The purpose of the Moot Court Board is to promote the art of appellate advocacy. A competition is held in the Fall to give all first and second year students an opportunity to become members. State and Local Government Law Program Board The SLG exists to promote interest in the study of municipal and local government law. Black American Law Students Association The goals of BALSA are to ascertain, voice and protect the interests of minority students enrolled at the law school, aid in further recruitment, and make the law school an integral part o* the minority community. Hispanic, Asian, and Native American Law Student Association The members of HANALSA hope to increase the number of Hispanic, Asian, and Native American law students and faculty in our law school. Phi Alpha Delta Law Fraternity International PAD hopes to unite students of law with teachers and members of the bench and bar, encourage scholarship and professional competence, and promote the general welfare and bonds of fraternal fellowship of its members through providing service to the student, the school and the profession. Buffalo Consumer Organization This group, beginning operation this semester, will provide law students with first hand experience in mediating consumer disputes. Through this experience, the student will learn some substantive consumer law and the community will benefit as well. Environmental Law Society Last fall, the Society was involved in doing research regarding the disposal of hazardous wastes (focusing on the Love Canal). Buffalo Public Interest Law Board The Board was established in Spring 1979 to financially assist law students who are interested in public interest law. The Board, consisting of two Student Bar Association representatives, two Buffalo Law Review members and the Assistant Dean funded two $1,500 fellowships for the summer of 1979. Two law students are now using the fellowships by working at Legal Services for the Elderly Project of Erie County and Western New York, Inc. $1,500 was given by the Student Bar Association and the other $1,500 was given through individual contributions of Law Review members. From this beginning the Board will solicit other funding in order to assist a greater number of law students who wish to pursue public interest law goals. 5 �What They Expect From You a memo to first year students from Grace Blumberg I recently learned that the following memo, which I wrote at the end of my first year in law school, has been regularly distributed to incoming students. My first impulse was to suppress it but I have been persuaded otherwise by students who say that they found it helpful. I would, however, like to qualify some of my earlier advice. First, the memo was not written for all incoming students but was instead intended for a small group of students who were expected to have more than their share of adjustment problems. Furthermore, even if the memo had been intended for all incoming students in 1969, they were, in terms of entrance credentials, quite different from more recent classes. The study methods suggested in the memo, while perhaps still useful for most students, may not be necessary for some members of the present first year class. Second, the tone of the memo is one of unremitting labor and considerable strain. While tension is unavoidable at exam time, the rest of the endeavor need not be particularly stressful. It is, I think, feasible as well as desirable for first year students to work no more than a slightly extended work week, i.e., 9 to 5 weekdays and one day of the weekend. If you use your time efficiently, there should be no need to give up extra legal interests, abandon your friends, widow your spouses and orphan your children. The first year student needs two kinds of discipline, that of work and that of maintaining balance and perspective. What They Expect From You: That you will master all the material and that you will be able to synthesize itand apply it to concrete problems. You will be required to do this under extremely adverse conditions, the final exam. How To Master The Material 1. Do exactly what they tell you to do. Brief every case. Read everything that is assigned. Since it is humanly impossible to read every case collaterally mentioned in class, do not bother to even write down the citation unless the instructor gives you A. the impression that you are seriously expected to read the case or says that it will be discussed in class. 2. Re-read each case or textual note until you feel you understand it completely. Take ample notes and briefeach case in sufficient detail so that you can use it rather than the casebook when the case is discussed in class. Don't spend too much time pondering the questions posed in the case notes. Many ofthem are frivolous, irrelevant or unanswerable. 3. How to read a case: Read the case checking off the essential points. Re-read the case to catch any points you may have missed. Then write your brief. This method is slow and tedious but it is effective. Do not be disturbed if you can only cover sto 10pages an hour since the weekly assignment in each course will usually be no more than 40 pages. 6 4. Use legal notebooks and write only in the right hand margin. If you have any questions, write them in the left hand margin. When the case is discussed in class, you will readily see the question. (If it is not answered in the course of the discussion and if you do not get a chance or are too reticent to ask it, see the instructor after class. He will not mind and will probably be very patient, particularly during the first month.) Put your class notes in the left hand margin. If you find you are taking extensive class notes which should not be necessary if you have briefed the cases and the instructor is not giving you additional material you can use the right hand margins of only one side of each page and then have plenty of space for class notes. This way you will be able to keep all your material on any one case, class notes and your brief, together. About taking notes: if you are forced to make a choice between trying to write everything down the instructor says and trying to follow his train of thought, stop writing and listen. It is more relaxing and you will get more out of the class. — — 5. A few thoughts on reading cases and writing briefs: a. Get the facts straight. Make a diagram. Who is suing and what does he want? b. Don't waste your time trying to anticipate what the outcome will be, particularly during the first few months. You won't know enough to do it with any degree of success; you'll only succeed in needlessly deflating your own ego. c. A case is an opinion, a statement made by a judge generally sitting on an upper (appellate) court in which he justifies a decision the court has just made. Generally, one man writes for the majority but there may be concurring opinions as well as dissenting ones. Always remember that you are reading a justification, even a rationalization, for a decision already made. The judge is writing the opinion to convince you that his decision was a good one; he is not writing with an open mind, not waiting to see where his learned considerations will lead him. He already knows. Be critical when you read. Is his approach logical? Is he stating the legal rules correctly? Are the rules truly applicable to this set of facts? Is he-giving balanced weight to all the facts or is he conveniently ignoring some? At first, opinions will probably seem faultless to you. You won't know where or how to begin to criticize them unless you simply morally disapprove of the decision. However, after a month or so you will be able to and should begin to intelligently criticize what you read. d. Try to understand all the reasons for the judge's decision not just the reasons he gives in his opinion. Are there social reasons? Economic reasons? Other reasons? What are the ramifications of such a decision? How will it affect people in the future? What do you think about it? Ethically as well as legally. Is it reasonable? Is it fair? c. How does the case fit in with the ones you've already read? Does it add anything new? (It should or it would not be in the casebook.) Does it represent a development or a change in the law? f. Regarding the specific form and content of briefs, there is a standard form which you will be taught in class. If you do not write well you can improve your style by carefully composing your briefs. If you do wrife well there is no point in - - �bothering about the stylistic quality of your briefs. Although instructors place a great deal of emphasis on "style," they simply mean "clear and concise writing." Learn how to be direct, clear, specific and fluent. It is not necessary to have a highly polished or literate style. Florid expression and verbosity should be avoided. If you have had problems writing papers or exam essays, if your college instructors criticized your style or if it simply takes you a long time to set down your thoughts on paper, you should utilize every opportunity to improve your writing ability. Brief writing is a good opportunity. Because time pressure is a strong element in final examinations (for me it was easily the worst aspect), you must learn not only how to write well but how to do it very rapidly. yourfellow students and the instructor. Why you have to learn how to learn law by yourself: In law school they cannot possibly teach you "the law." All they can do is survey selected topics and teach you how to learn the rest yourself. When you have a research or moot court problem and when you finally practice law, no one will explicate the law for you. That is your job. Therefore, the most important work you do at first is learning how to study and prepare the material that is given to you. D. What (I Think) They Want You To Learn In Law School And How They Will Measure Your Learning Success It may seem a little late in the course of your intellectual development to start developing the mental equipment that will help you do well in law school. But I think that you can still B. Whether Or Not To Attend Class develop essential areas and also not waste your time worrying (This section is intended to apply only to those classes for about deficiencies you think you may have if they are which attendance is not its own reward, those classes you leave inessential or irrelevant. For example, I worried quite a bit regretting that you did not spend the last hour someplace else.) about my rotten memory. It seems to have made little Instructors will tell you that you are not compelled to difference. You will never have to remember a date or specific attend class (true enough attendance is not taken) and that a fact or even a case name. student need not attend class and it will not be counted against As oversimplified as it sounds, they are trying to teach you him if he does well on his exam. This sounds all the more how to be "smart," to be a "smart lawyer." To understand plausible when you consider that grading is anonymous. Each certain legal principles, to understand the reasons judges state student has a number. and leave unstated for deciding as they do, to understand the It is difficult, however, to do well in a course that you do social, political and economic results/They want you to be not attend regularly. While most of the covered material can clairvoyant - to see through what people say and dp in short, generally be found somewhere or other in the casebook, the to be "smart." instructor normally uses classroom time to focus attention on They measure your success by your ability to organize and the issues and areas he considers most significant. The final articulate your understanding and perceptions. You must be exam tends to reflect the classroom experience. able to do this. I 'ye already suggested careful brief writing as one exercise. Papers, written exercises and practice exams (even C. Attending Class make a you though they don't count) are good ways to accummulate skill for each class not will prepared Be because 1. bad impression on the instructor or embarrass yourself if you before the godawful test of all you've done, the final exam. Examinations are practical in the sense that you are usually are called on and have not read the material but because lack of preparation will totally defeat the specific type of education not asked to write essays about cases you have studied or about developments in a certain area of law. Rather you are presented process used in law school. The process is highly structured: a. They assign cases. with a massive factual situation (sometimes amusing the only to read and library) redeeming factor) and you are asked to be a lawyer giving legal b. You go home (or better, to the to one party (always taking into account the adversary's You to learn it advice yourself. very carefully. try material briefthe c. You go to class. A student is called on to present his case) or to play a judge, decide the case and write an opinion. two to six such problems make a three-hour final. If you brief or the instructor begins discussion himself. In either case you get an initial chance to compare your comprehension with are well prepared, there is no time to light a cigarette, drop a rather than another. The that of another person. There is general discussion and you get pencil or pause to choose one word only way to avoid the pressure of time is not to know too to compare your own understanding with that of the rest of the failing. class. You are picking up any points you may have missed and much. But that is also the surest way of have most teachers do not have a I testing. gathered, As far as reality a kind of Do you are engaging in very important preconceived notion of the answers. They read over a you really understand everything as well as you imagine you do? for example, Or, conversely, if you suffer from lack of self-confidence (very substantial number of papers and then decide that, points. ten relevant Each there are you twenty point question, as a in do not understand much as you really at first), common you give a check check marks you hit mark. Ten point you gets fear or does one new fact or idea make everything clear? how thoroughly to see that no matter It is twenty points. easy the work and Over the weekend review week's you d. or even brilliantly you explicate any one point you can get no things should start to fall into place. Do not be overly to hang don't seem more than two credits for it. The object is to hit every point concerned if separate cases and materials can patterns. you quickly but amply enough to show the instructor you to make out the on first It takes a while view. together that understand it and then to move on. It usually takes a maximum you will Now - if you go to class unprepared, figuring four sentences to get your check mark. you of three to in explained class, better the material after it is understandtalk a great deal about "organization" but this Instructors are losing the most important part of the learning process, "style," like is a glorified misnomer. To me, true term, and the getting law, how to learn and use teaching yourself continued on page 12 of chance to compare your level of comprehension with that - - - - - — 7 �Your Professors by Rick-Valentine The first year class is divided into three sections. Each section has four assigned professors who teach the required first semester courses: torts, contracts, criminal law, and civil procedure. Torts is the study of law suits arising from the intentional or negligent acts of others. You will study the types of legal rights which may be protected by the courts. Examples of tortious acts are assault, battery, false imprisonment, and negligent acts which cause injuries. Contracts is the study of how the courts interpret and treat written and oral agreements. You will learn what is required for the enforcement of a contract by a court. Criminal law introduces the student to basic concepts in criminal law. Definitions of basic crimes and their components will be examined, such as homicide, robbery, larceny, criminal intent and what constitutes a criminal act. Civil procedure is the study of the rules governing law suits, and how the courts interpret them. Some of the topics examined are jurisdiction of the courts over subject matter and persons, rules pertaining to how notice must be given to persons involved in the matter to be litigated and how discovery ofevidence is to be carried out. procedure professor Section 1 Rolf Nils Olsen received his B.A. with honors in 1969 from the University of Wisconsin. He received his J.D. from Columbia University Law School in 1974 where he was a Harlan Fisk Stone Schlar and a James Kent Scholar. He was awarded the Robert Noxon Toppen Prize for one of the best three examinations in constitutional law for the year 1972—73. Olsen's previous employment includes a clinical fellowship at the University of Chicago School of Law, a judicial clerkship for Chief Judge Thomas E. Fairchild, United States Court of Appeals for the Seventh Circuit, and a student law clerkship for Legal Services for the Elderly Poor in New York City. Olsen joined the Buffalo faculty in January, 1978. Professor Richard Bell, who is teaching section 1 torts, received his B.A. from Northeastern University in 1964. He then attended graduate school at California State University, San Diego from 8 1966-69. He earned his M.A. and J.D. from Yale University in 1973 and is presently a candidate for his Ph.D. from Yale. Bell was a pension plan analyst for the Continental Insurance Company of Chicago from 1965-67. He has been on the faculty at Buffalo since 1974. His present research includes a three part series, "Standards of Proof," "Burdens of Proof and Presumptions," and "Intention and Motivation of a Legislature." As well as torts, Professor Bell's teaching interests include conflict of laws and evidence. Professor Philip Halpern, who is teaching section 1 criminal law, received his B.A. from Columbia College in 1968 and his J.D. from the University of Pennsylvania where he graduated magna cum laude in 1973. At the University of Pennsylvania he was a member of the Order of the Coif and served as an editor of the Law Review from 1972-74. From 1968 to 1970 Halpern served in the U.S. Army. During 1973-74 he was a law clerk to the Honorable Stanley A. Wiegal, U.S. District Court Northern District of California. He then served as a legal counsel for the Legal Aid Society of New York City from 1974-75. Halpern practiced law in San Francisco before joining the faculty-at Buffalo. Halpern has written Civil Rights Removal After Rachel and Peacock: A Limited Federal Remedy for the University of Pennsylvania Law Review. Section 1 contracts professor Virginia Leary received her B.A. in 1947 from the University of Utah, and her J.D. in 1950 from the University of Chicago Law School. In 1971, Leary received diplomas from the Hague Academy of International Law and the International Institute of Human Rights. She is presently working on her Ph.D. Leary has done legal work on the implementation of human rights treaties by ratifying states for the International Labor Office. She also has participated in international commercial arbitration and has prepared a legal opinion suggesting improvements in the international law on the protection of children in time of armed conflict. In 1975, Leary was a lecturer at the International Institute of Human Rights Alfred S. Konefsky Rolf Nils Olsen Virginia Leary Jacob Hyman Richard Bell �on the topic of the working conditions of women. She joined the Buffalo faculty in 1976. Section 2 criminal law professor James B. Brady received his B.A. in 1961 from Southern Methodist University, his J.D. in 1964 from the University of Texas Law School, where he was an associate editor of the Texas Law Review, and his Ph.D. in 1970 from the University of Texas. Brady has been a member of the Philosophy Department at U.B. since 1967, where he is presently an associate professor. He also served as associate chairman of the Philosophy Department from 1970-72 and as an assistant Provost of the Faculty of Social Sciences and Administration from 1972-75. Brady has published several Law Review articles on such topics as the insanity defense, strict liability offenses, negligence and legal philosophy. Section 2 civil procedure professor Paul Spiegelman received his B.A. in 1964 from Columbia College where he earned the Dean's Letter of Commendation; and his L.L.8., magna cum laude in 1967 from Columbia University School of Law, where he was a member of the Law Review Board of Editors. Spiegelman served as a law clerk to the Honorable Jack B. Weinstein, U.S. District Judge, Eastern District of New York from 1967-68, assistant to the General Counsel, Department of the Army, Washington, D.C. from 1968-69 and as an attorney for poverty and civil rights organizations. He has also been a member of a small firm specializing in employment discrimination cases since 1971. While engaged in private practice John Henry Schlegel Speigelman taught law at Wayne State, Golden Gate University, Hastings College and the University of Utah. Section 3 contracts professor Alfred S. Konefsky received his B.A. from Columbia University in 1967 and his J.D. from Boston College in 197Q. Konefsky was a Book Review Editor of the American JournalofLegal History and an Editor of the Legal Papers of Daniel Webster at Dartmouth College. He was also a Charles Warren Fellow in American Legal History at Harvard Law School and in 1976 he taught at Boston College Law School. Professor Konefsky joined the Buffalo faculty in 1977. Professor Konefsky's publications James B. Brady NOT PICTURED Al Katz Paul Spiegelman Philip Halpern Robert Berger include works on Daniel Webster, the history of american lawyers, and biographical essays on Joseph Story, James Wilson, and James Kent. Jacob Hyman, who is teaching sections 2 and 3 torts, received his B.A. magna cum laude from Harvard College in 1931 and his L.L.B. cum laude in 1934. Hyman served as government counsel for a variety of administrative agencies in Washington from 1939 to 1946. His publications include articles on home rule in New York, desegregation of public schools, judicial responsibility, and standards for preferred freedoms. In addition to torts, Hyman has taught administrative law, civil procedure, collective bargaining in government, constitutional law, family law and many other subjects. He has been a professor of law at Buffalo since 1946 and served as dean of the law school from 1953 to 1964. Professor Al Katz, who is teaching section 3 criminal law, received his 8.5.. from Temple University in 1963, his J.D. from Berkeley in 1967. Katz was a lecturer in law at Boalt Hall in 1967^ He served as a staff member of the American Bar Foundation from 1967-69 before joining the faculty at Buffalo in 1969. Professor Katz has also been a member of the Board of Directors and has served as General Counsel to the Buffalo Organization for Social and Technological Innovation and Counsel to the Buffalo Chapter of the American Association of University Professors. Katz has written numerous book reviews and law review articles concerning topics such as privacy, pornography, conspiracy and morality in the criminal law. His current research concerns boundary theory. Besides criminal law, Katz's teaching interests include evidence and federal jurisdiction. Professor John Henry Schlegel, who is teaching section 3 contracts, received his A.B. in 1964 from Northwestern University and his J.D. from the University of Chicago in 1967, where he was a member of the order of the Coif and the Law Review. During 1967-68 Schlegel was a teaching Fellow at Stanford University Law School. He then served in the Legal Aid Society of Chicago from 1968-73. Schlegel joined the faculty of Buffalo in 1973. His publications include articles on conscientious objectors, judicial decision making and civil procedure. Schlegel's interests, besides contracts, —continued on page 16 9 �Administration Profiles Lundquist by Mary dual-degree program and student recruitment, and serves as liaison for minority student affairs. Charles H. Wallin, Registrar and Assistant to the Dean (313 O'Brian), oversees student records, compiles grade data, assists students with academic concerns and grievances, schedules courses, guides students seeking financial aid, serves as the law school's budget and finance officer, and supervises the admissions staff. Wallin received his B.S. in accounting. He previously served as the Assistant University Financial Analyst for the UB Thomas E. Headrick, Dean (319 Budget Office. He is married and has five O'Brian), supervises the administration of children. the law school and implements faculty academic policy. He maintains contact and close relations with alumni, members of the profession, and friends of the law school. The Dean represents the law school within the University, the local community, and the state, and in legal and higher education generally. Headrick has held the position of Dean since 1976. Before joining the University, he served as Vice President for Academic Affairs at Lawrence University, Appleton, Wisconsin, from 1970 to 1976. He was the Assistant Dean at Stanford Law School, Stanford, California, from 1967 to 1970. Headrick received his B.A. in Government from Franklin and Marshall College in 1955, his B. Litt. from the University of Oxford, Lincoln College, in Allan L. Canfield, Assistant Dean for 1958, where his field was politics and Student Affairs (311 O'Brian), relates to public administration, his LL.B. from the Student Bar Association and is Yale Law School in 1960, and his Ph.D. involved in student activities generally, in Political Science from Stanford administers student evaluation of faculty, University in 1975. manages law school publications (such as The dean was born in East Orange, student handbooks and catalogs), New Jersey, is 46, married, and has two provides academic and personal children. I counselling to students, assists in the 10 Canfield has been with the law school since 1974, when he served as Assistant to the Provost. He moved into his present position in 1976. Mr. Canfield serves on the Faculty-Student Relations Board and the Mitchell Lecture Committee. He teaches Sociology part-time at Canisius College, and is currently working on a Ph.D. in Speech Communications, researching communicative skills among law students. Canfield received his B.A. in History and Government in 1963 and M.S. in Social Sciences emphasizing Latin American Affairs in 1971 from ÜB. He was born in Corry, Pa., is 44, and has two children. William R. Greiner, Associate Dean (422 O'Brian), provides counselling on major student academic problems, acts on student petitions, assists in relations with other academic units and University central administration, and serves as Chairperson of the Admissions .Committee. Greiner joined the faculty in 1967. He has served as the Chairman of the Legal Studies Program (1969-71) and was Associate Provost at the law school from 1971 to 1974. He is Chairman of the University-Wide Faculty Senate By-Laws Committee. His teaching interests include federal, state, and local taxation, real property, state and local government, and legal processes. Greiner received his B.A. from — continued on page 15 �The 7 Most Frequently Asked Questions AboutLaw School ? by JoePeperone 1) What's a "Q"? A) Less than a "H" and more than a "D". Actually, it means Qualified (I think). Grades in the Law School rank as follows: H (Honors), Q, D and F. The alleged purpose of this system is to relieve the competitiveness of Law School grades. Whether it works is unknown. To tell you the truth, I don'tknow what the system means, either. 2) What is a brief? A) A short outline of an assigned case, prepared by you for use during class. No one else will ever see your brief, thus, it should be written in a manner you will understand. Briefly (no pun intended), it should contain the following subdivisions: 1) Who the plaintiff and the defendant are. 2) What issue or issues are involved in the case. 3) The reasoning the court has used to reach its decision. 4) The court's holding the rule (or rules) of law the decision sets out. 5) Who wins and who loses. 6) Your personal opinion on what the case says, why it has been assigned. 7) Questions the case brings to mind, for discussion with your classmates or your professor. 3) Should I join a study group? A) Study groups usually consist of between three and six students from the same section who meet once or twice a week Jo attack collectively problems and cases encountered in class. Some study groups are formed shortly after classes begin. Others are created in the midst of pre-exam panic. Certain people are helped by study groups and others are not. You will have to make your own judgment on whether or not you should join one. Don't hesitate to ask second or third year students about their experiences in study groups. Finally, if you do decide to join a study group remember organization is essential to it working properly. Have your questions written down and ready before the study group meeting begins, with each member receiving a copy. — — 4) What is a hornbook? A) A hornbook sets out the rules of law on a particular subject. Needless to say, this can be a great help in studying. However, since the purpose of law school is to teach you to find and apply the rules yourself, extensive reliance on a hornbook can hurt you. Most, if not all, professors abhor students buying hornbooks, but they do tend to be big sellers in the bookstore. I, personally, never bought hornbooks or pre-made course outlines and did O.K. Another good reason for not buying a hornbook is the length with all the reading you will have to do, why add 1,000 pages per course? — 5) Free time, what free time? A) There is no excuse not to have free time during your first year of law school. You should take Sundays or some nights off and enjoy yourself, especially to give your brain and mouth a rest from the law. The penalty for studying law seven days a week for twelve to sixteen hours a day is totally burning out a week before finals begin. So, if you feel pressured or tired, have someone hide your books from you for a night, a day, or a weekend. It will really pay off in the long run. 6) Is the first year of law school grounds for divorce in New York State? A) Not yet, but one negative aspect of law school is that it does tend to change your personality a bit. If you fail to notice the change, your friends and spouse will. Your ability to argue will improve enormously. I found that a great help in buying, a car, but you begin to believe that you are an expert in everything since you can talk your "opponent" to death, an example being when I reduced my sister, who is a college junior, to tears by relentlessly arguing about her courses, most of which I could hardly pronounce. Just remember that your wife, husband, or friends will not appreciate your impassioned oration on government oil-content regulations over your next avacado salad and that you are bound to irritate if you answer all your friends' statements with "You can make a case for that." Don't spend the next year of your life talking about law or to law students. If you feel yourself falling into this trap, go over to the Chemistry building and take in a lecture on ammo acids or protein synthesis. You should always have people to talk to who know nothing about law an*d don't give a damn about what your mean ol' torts professor did today. There is a whole other world outside O'Brian Hall, which shouldn't be neglected, and neither should the people who inhabit it. Remembering this will make the year much easier. 7) Why am I here? A) This is the most frequently asked question by first year law students (Guiness Book of World Records, 1979 Ed.). Not wanting to spoil the suspense, I won't tell you the real answer, but some night at 10:55, as the lights of the library begin to flicker, and you've spent all day trying to find the case that will make everything all clear, you'll decide to look at one more casebook. You'll find the book, something from lowa, 1846 term. Brushing the dust off with your hand, you'll look, page 211, and it will be right there, the rule, the holding, ten cases mentioned that support it. You'll run down to the copy machine, throw in a few nickles, and it's yours. You were right. Despite the late hour, the sun shines and the birds sing. Then you'll know. 11 �What They Expect From You —continued from page 7 organization means analysis, re-organization and synthesis. They don't mean anything so elaborate. Since the problems are factual and have a beginning and an end, "organization" simply means "in order." Start at the beginning and end at the end. Take each problem in sequence. Don't jump around. Avoid too many afterthoughts (but you can pretty much get around this problem by leaving the left hand pages blank and writing in your afterthoughts as they come to you across from the place on the right hand side where they should properly be located). Develop each issue rather than each party's separate case. For example, A sues B, C and D. Discuss A's claim. Then do B, C and D's defenses and possible counterclaims on the issue Ais presenting. Then go on to B's claim and look at it from each party's point of view. Complete the issue B raises and move on to the next. Think of square dancing. DO NOT classify all of A's claims and defenses on all issues and then do the same for each other party. (I used this method on my first practice exam and got an F.) Break down each series of events into the smallest possible independent events and issues and discuss the legal possibilities of each one. Build upon your conclusions if it is appropriate. A simple example: "Having bought a house from B, A discovered the roof was rotten and now refuses to pay." 1. Discuss the sale. Was it valid at all? Was it conditional? What were A's and B's rights under the contract? Under tort or contract law? 2. Discuss discovery of the defect. What did it mean legally? 3. Discuss A's refusal to pay. What does it mean generally? What does it mean in light of the defect? Don't be afraid to mention the obvious or elementary aspects of the case. In fact, you must do so in order to get a good grade. Most instructors refuse to assume that you know anything that you do not put down, even when you go on to discuss more complicated and sophisticated aspects of the question. This is partly due to the check point system of grading. It seems to me that a person could write brilliant answers and not even pass if he did not devote sufficient time and verbiage to the obvious and elementary aspects of the problem. Make a point of mentioning the relevant irrelevant, that information which is not so remote as to be intellectually meaningless but is in fact meaningless in practical terms for the -given situation. Imagine that it is stated in the problem above that B can prove he knew nothing about the roof when he sold A the house. B did not intentionally conceal the condition. Do not ignore the law regarding intentional concealment. Say something like "It's too bad A won't be able to show intentional concealment. But if he could have done so, A's rights would be..." There will be from 2 to 6 questions. You are not obligated to take them in order. I am the only person I know of who habitually mixes up the sequence but doji't think I 'ye ever been penalized for it. (Actually, who knows?) I 1. Read over the exam. Take the easiest question first. You are probably very nervous and ought to show yourself a little consideration. After you finish the first question, you will hopefully feel more relaxed and be better able to handle the harder questions. If there are some definitions or short essays, you might try them for a start. 2. You have now read over the exam and picked your first question. If it is a series of definitions or one paragraph essays, read each one carefully twice before you answer. You'll waste pagel2 less time being overly scrupulous at this point than you would reading everything once, making just one error and having to re-write an answer. If it is a factual problem essay: a. Read the whole question through twice, very slowly and carefully. The second time through start to underline the most significant points. b. Read it a third time, writing in the margins. Make notes all over your essay question. Keep reading it. The points will emerge before your very eyes. Read it until you can't find anything else. If the whole exam is only composed of two very long problems, you may have to handle them in sections. The instructions will generally indicate how to break them down. ,c. Always keep in mind: 1. This problem is not life. It was made up by an instructor to test you. It will usually not contain the irrelevancies of a true life, situation (even if it seems to contain them, treat them as I mentioned in the rotten roof problem. Every fact has some significance. Try to exploit every fact, even if only to say, "This fact is not important because ..." Don't decide something is not important and disregard it. (Even though outside of exam situations this is, of course, a wasteful pattern of thinking. Remember that exam taking is a highly artificial and stylized activity.) 2. In a problem with SO facts you are being given a minimum of SO stimuli. Respond to as many as you possibly can. Relate each fact to as many parties as you can. Given SO facts and 5 parties, you could hypothetically have ISO issues. Since it is considered more important to recognize problems than to devise sound legal answers, concentrate on defining the problem. But do not entirely neglect to suggest a solution or course of action if one is requested. For example, you are given an elaborate factual situation and you are asked to play judge, to make a decision and write an opinion. You are expected to analyze all the facts, apply current legal principles and come up with some sort of decision. Very often it doesn't matter whether you decide one way or the other, although your reasons for making either decision will be important. Don't worry about the "right" answer in this sort of case. Your decision could rival Solomon's for wisdom and you could still fail if you didn't treat each and every problem in detail. If you have a choice between two equally good paths to opposite �decisions, take the one that will give you the greater opportunity to show how much you know. If you are convinced the correct or wisest decision is the one that allows you very limited opportunity to display your wares, say so and then go on and do the other one. 3. Disregard for the ultimate solution or decision is not, however, a blanket rule. An instructor who has spent more time practicing law than teaching it may be more concerned about the soundness or usefulness of the advice you would give a client in a "and now advise your client" question. 4. Time You'll never have enough time to do a really good job. Students cannot do their best in th6 time allotted unless they don't know anything to begin with. The more you know, the greater the strain will be but the better you will do. However, the more you know, the more likely you are to feel disappointed and feel that you have not done well. If you are well prepared you should anticipate this feeling and not worry excessively (in fact, not worry at all) between the end of finals and grade distribution one month later. — E. How To Prepare For Finals 1. Keep up all term. Do all your briefs and finish all papers by the end of classes. 2. Make course outlines and study. Get together with a study group. 3. Take your exams. 4. Take the best vacation you can afford with all the money you've saved by staying home and studying all term. JUST REMEMBER 1. Your instructors have had a lot of practice at this sort of thing. 2. They are not only showing you how clever they are but have themselves been taught by clever instructors and have probably read outside sources on each case or issue. 3. They may be purposely intimidating you for educational reasons: to get across a point, to teach you how to approach a problem.orsimply to make you work harder. 4. They may be intimidating you for non-educational reasons such as personal aggrandizement or sadism. They may simply be entertaining themselves at your expense. This is not too common but I'm sure you'll see it occasionally. If you are progressing as you should, after a month or so you will begin to feel more competent about your ability to handle the material and participate in class. After 6 weeks you will have practice mid-terms. You should take them just seriously enough to get some practice. Don'tbe distressed by a D or an F. I find that much easier to say than I did to do when it happened to me. It took me a couple of weeks to regain my lost confidence and the grade was not even an accurate prediction of how I eventually did on the final. Therefore: 1. Use the practice exam for the purpose the name suggests, for your practice and convenience. It may take you a while to get used to their bizarre method of evaluating you. That is why you are taking the practice exam. People are not born knowing how to take law school exams and life does not prepare you for the event. F. Course Outlines Ideally, you would make an outline of every week's work all term long and then you would have them ready well before finals. However, it will take you quite a while to learn enough to know how to make a meaningful, useful, intelligent outline. You'd probably be wasting your time if you began on them before Thanksgiving. Also, making up outlines is a good way of reviewing material and premature review would not help you to study for finals. Furthermore, quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making an outline will keep you awake, even alert. The same is true for writing briefs. It's much harder to fall asleep with a pen in your hand. G. Dealing With Your Feelings You will probably experience a widerange of feelings about your personal worth, adequacy and development during your first year. I will try to sketch the range of feelings I felt personally and give you a second hand version of those expressed by my friends. You are probably starting with a cautious but slightly anxious optimism. This may survive orientation (which seemed to me an exercise in absurdity and intimidation). "If you all work hard and do your best, you can all be in the upper half of the class." A certain fatalism is suggested; some people have it and some people don't. "The front door is broad (admissions) and the back door (graduation or really surviving the first year) is narrow." In fact, it is rare that a student actually flunks out. Most "failures" give up and quit school. Your early class experience will probably convince you that you have absolutely no aptitude for the law. You miss the obvious. You didn't even notice the most significant fact. It is all so transparent as your instructor repeatedly points out. 2. Another reason not to take the grades too hard, particularly one poor one: The instructor may just be trying to discourage some aspect of your presentation and may be penalizing you more than he would if it were a real exam. 3. If you do poorly, see the instructor right away and find out why. Don't brood over it. 4. If you are afriad that you will be very upset if you don't do well and that not doing well would seriously interfere with general studying efficiency, you might be better off not taking the exam or not handing it in for grading. If you decide not to "take" the practice exam, make sure you pick up a copy, take it home, study it, write out a careful answer, discuss it with your friends and the instructor. Get the practice without the pain. In retrospect, that is the way I would have done it. The next time you may not be feeling your best is just before and during finals. If you feel you are perilously close to complete collapse, bear in mind: 1. You have every right to feel that way. You are being asked to show how much you've learned in conditions that rangefrom adverse to inhuman. 2. You are not unusually nervous, stupid or weak. No one feels very good. 3. You will probably not feel that you did very well at all. The nature of the exams is such that it is your relative rather than absolute accomplishment that will be judged. (He is first in his class. He did the best "bad job." Everyone else just did worse.) 4. There may be several correct answers. Don't discuss your answers right after you take the exam. (Particularly avoid overbearing people who are determined to convince you that their answers [different from yours] are absolutely and uniquely right) After you finish finals take a vacation as far away as you can manage to go. 13 �RECESS by Ted Donovan This is an attempt to present a quick tour of some ways to relax at ÜB. Before we begin, however, a few points must be made. First, the opinions expressed here are the author's alone and are not always shared by the rest of the law students. In fact, from what I 'ye observed during my first year at ÜB, very few students in the law school even thought about trying to relax during the term except for an occasional drinking binge. You can't concentrate on your work unless your mind is relaxed enough to absorb what you are reading. However, law students are not known for having a great deal of free time. Therefore, the first criterion for this article is that it will look only at ways to get away from it all right on campus where you won't have to waste time coming and going. Just step outside the law building or-hop on over to Main Street and relax for an hour or two before going back to the grind. The second criterion for events described here is that they are cheap we spend enough money on tuition and books without going broke on our entertainment. I will ignore the obvious, like sporting events and theatrical performances that every college and university offers. If you are interested in these you'll learn where to find them. I will also limit my comments on that greatest of all mind-dullers, the television set. I do suggest if you want to watch a lot of TV you bring your own set. The TV sets in the dorms get poor reception and for some strange reason do not receive as many stations as private sets. If you have to run over to a set in the middle of the afternoon to catch your favorite soap opera instead of studying, I suggest the Richmond Lounge in the Ellicott Complex as it has better reception than any other set at Amherst. One other observation. There are only 750 law students at ÜB, compared to a total university population of around 25,000. Therefore, almost every single activity described here is sponsored, paid for and participated in, with the other — students, especially the undergraduates. Don't let this dissuade you from doing something; remember, you were an undergraduate once yourself. But don't be surprised when you are surrounded by non-law students at the Pub or in a 14 movie. In fact, one of the main During the week, quality films from attractions of some of the things to do at the past are shown on both campuses by UB is that you and your friends can go various undergraduate departments, and not have to talk shop. usually in the form of a series of films shown on the same night each week, i At the Amherst Campus students can For example, one Monday night series get together at night at either the Student last fall concentrated on black and white Club, or the Pub. comedies, including silent classics by The Student Club is a' snack bar Chaplin and Keaton, Tracy-Hepburn featuring wine, beer and the usual junk movies, and other comedy classics such as foods hamburgers, hot dogs, etc., as The Lavender Hill Mob. Series last year well as Buffalo's speciality, chicken also dealt with women, including special wings. For those unfamiliar with the last nights for Bette Davis, Katherine delicacy, the chicken wings are deep fried Hepburn, and Jane Fonda, as well as like French Fries and then covered with series of films from India, Germany and hot sauce and served with celery and bleu Italy. The second best part about these cheese to cool off the digestive system. course-oriented films is that they are free. They are good and served all over the The best part is that most are preceded city. by a cartoon, usually very old, such as the 1950's Superman cartoons. The Pub, which opens every night at In case some students prefer live nine, also serves chicken wings as well as entertainment to movies, in addition to pizza and tacos. In addition to food the the bands at the Pub, the university has a Pub offers beer, mixed drinks, and live ticket office in Squire Union which sells bands on Friday and Saturday nights. student priced tickets for every major There is also a game room with pool, foosentertainer who comes to Buffalo, ball, ping pongand pinball. Admission is including rock stars and comedians. UB free during the week with a one dollar cosponsors several events of its owrtj like ver charge when there is a band. These recent performances by Robert Klein, bands are local, and generally, better than Phoebe Snow and Dan Hill. Besides average. The Pub features specials entertainment, UB offers a number of most week nights, such as an open speakers during the year, ranging from an microphone one night or a half-price American couple who have lived in the night on tequilla drinks. Prices for mixed People's Republic of China for the last drinks average about $1.20 with beer at fifteen -years, to Bruce Beyer, a major 50 cents a glass. Buffalo figure from the anti-Vietnam War For people who prefer movies to movement. The law school also has guest drinking, UB offers an incredibly wide speakers. In the past few years Leon range of films each week. The University Jaworski, Ramsey Clark and Michigan Union Activities Board (UUAB) shows Law Professor Yale Kamisar have spoken. If you prefer less organized activities, movies each weekend at the Squire Hali the Squire Hall Union offers pool tables, Union on the Main Street campus for a one dollar admission fee. UUAB generally ping pong and a bowling alley. Those presents off-beat popular movies, such as students who like to sink into a good (or Story of O, A Boy and His Dog and trashy) novel will find the browsing Bound for Glory, as Well as weekly libraries very helpful. There is one in midnight, movies which last year included Squire and one in the Ellicott Complex. Andy Warhol's Bad and The Texas Chain They keep up to date on all the popular Saw Massacre. The Friends of CAC and magazines, as well as every type of the InteY-Residence Council (IRC) show paperback from the classics to movies each Friday and Saturday night. Doonesbury. The people who work in The CAC movies cost one dollar. The IRC these libraries are very willing to help, movies are free to members and cost one and have gone so far as to order those dollar for everyone else. IRC and CAC books students want that they don't have movies are shown in Farber Hall on the yet. Perhaps the best of the university Main Street Campus and Room 170 services for students is the music room. In Fill more in the Ellicott Complex at Squire, next to the browsing library is a Amherst. These movies are almost always lounge with six private listening rooms good and often surprisingly recent and a fine collection of albums. It's — �—continued from previous page amazing how much more legal jargon can be understood while listening to Billie Holiday than while sitting in the library listening to the rhythm of the Xerox machines. If you Irke to walk, the Main Street campus has all the rustic quality of a 1950's MGM college musical, from the beautiful large trees to the fountain outside of Squire. The Amherst Campus is still somewhat bare but the island in Lake LaSalle is peaceful and the new dogwood and willow trees are nice. If you get hungry, it's a nice stroll from Ellicott through the Audubon housing development to Burger King. The law school also has entertainment. In March the Second Annual Law Revue was held. This Revue was a "talent" show put on by the., students, faculty, and administrators of the law school. Administration Profiles —continued from page 10 Wesleyan University in 1956. At Yale University, he received an MX in Economics in 1959, a J.D. in 1960, and his LL.M. in 1966. He was born in Meriden, Conn., is 45, married, and has four children. Barry B. Boyer, Associate Dean (318 O'Brian), is co-director of the Baldy Center for Law and Social Policy, which oversees dual and joint degree programs. Healso co- Wade J. Newhouse, Associate Dean and Law Librarian (205 O'Brian), is head librarian and the representative of the Faculty and the Dean on library matters. Newhouse has been with the law school faculty since 1958. Prior to that, he was a Ford Foundation Teaching Fellow at the Columbia University Law School in New York City. He received a B.A. in Political Science from Southwestern University, Memphis, Tennessee, in 1948, and a J.D. from the University of Michigan in 1951. His teaching interests include collective bargaining in government, constitutional law, and education law. Newhouse is 57, married, and has three children. ordinates curriculum development, and guides work of the Academic Policy and Program Committee. Boyer has been with the law school faculty since 1973. He was a Visiting Associate Professor at the University of Virginia Law School, 1975-76. He was Chairman of the Committee on Long-Range Planning for the law school, ADMINISTRATIVE STAFF Audrey Koscielniak (308 O'Brian) is assistant director for placement. She also maintains law school accounts and oversees purchasing, supplies, equipment, and other administrative services for the school. 1974-75. He teaches courses in administrative law, consumer protection, and trade regulation. He received his B.A. from Duke University in 1966 and his J.D. from the University of Michigan in 1969. Boyer is 35 and is married. Placement and Alumni (316 O'Brian), is responsible for developing placement contacts and opportunities, establishing relations with the legal community and alumni, carrying out fund raising activities, and administering continuing education programs. Carrel is a member of the Board of Directors of the law school Alumni Association, and has been a partner in a local law firm for the last ten years. He was named to his present position this year. He received a B.A. in Biology from Hamilton College in 1964 and an LL.B. from the U.B. Law School in 1967. Carrel is 35, married, and has three children. Alan Carrel, Associate Dean for Phyllis Blendowski (511 O'Brian) is supervisor of the secretarial staff and the law school printing and copying activities. Helen Crosby (306-B O'Brian) handles admissions processing and course registration actfvities. 15 �lYourProfessors from page 9 I include commercial law, civil procedure, judicial decision making, public utility rate regulation and counseling. Robert Berger, section 3 civil procedure professor, received his A.B. magna cum laude from Kenyon College in 1970, where he was Phi Beta Kappa. He received the John Chestnut Memorial Prize there in Political Science. Berger received his J.D. cum laude in 1973 from the University of Chicago, where he was a member of the order of the Coif and the Law Review. Berger served as a law clerk to the Hon. Luther M. Swygert, Judge of the U.S. Court of Appeals for the Seventh Circuit from 1973-74. He worked as an attorney with the Health and Welfare Unit of the Legal Assistance Foundation of Chicago, engaging primarily in federal class action litigation in areas of mental health, health, and social security. Berger has served on the Board of Governors, Chicago Council of Lawyers, the Chicago Council of Lawyers, Mental Health Committee, the Board of Directors, Fund for Justice and the Patient's Rights Subcommittee of the Governor's Commission to Revise the Illinois Mental Health Code. He joined the Buffalo faculty in August of 1978. Getting Around Buffalo and the Law School -continued from page 4 phone; they must be seen in listings are given out over the person. However, they will mail out, on request, general informationabout housing and leases. Newspapers are another good source of housing leads. The Spectrum is the University student newspaper and has a classified section in the back. Buffalo community area papers also carry housing ads. These papers can usually be found in local drugstores. The major citywide papers are the Buffalo Evening News and the Courier-Express, both of which have a lot of housing ads, usually divided by regions. While you are looking, where can you stay? The University has a Conference Center where you can stay while you look for a place. However, the Conference Center closes August 25th. For information and reservations, write to: Nancy Marmoros Wilkeson Desk Off-Campus Housing Ellicott Complex SUNY at Buffalo Amherst, New York 14260 Reservations may also be made by calling 636-2011. Space is limited, so be sure to make arrangements well in advance. If you want to live in a dorm, write to the same address soon. Spaces are filling up fast. Remember to check leases carefully. Legal aid located in Squire Hall will look over leases for you. The off-campus housing office, also in Squire Hall, will provide you with information on what to watch for in leases. Find out if heat is included in your rent. In Buffalo, that is the major bill. Don't get discouraged. The best housing is often snapped up at the end of the spring term because of 12-month leases. The earlier you get to Buffalo to look for housing, the better off you will be. It is hard to find housing for one person, so consider moving in with other students. You might even want to find out from the Registrar or assistant dean who some other first year students are and try to room with them. Good luck. 16 Financial Aid During the regular academic year, Jay Marlin is the law student financial aid counselor. His office is located in 303 O'Brian, next to the Office of Admissions and Records. Placement The Law School deems placement of its graduates to be a continuing concern. Though the school is not an employment agency, it stands ready to assist its graduates in locating suitable opportunities for their own professional development. The Placement Office is located on the third floor of O'Brian, and maintains bulletin boards with notices of full-time, part-time, and summer positions available. Committees Student positions are available on many Law School committees. Appointments to committees are made through the Student Bar Association, and information about available positions will be publicized early in the school year. The committees include Budget and Program Review, Appointments, Academic Policy and Program, Admissions, Faculty-Student Relations Board, Judicial Clerkship, Library, Minority Student Program, Mitchell Lecture, Self-Evaluation, and State and Local Government Law. Some committees are composed simply of students who wish to volunteer theirtime, with no appointment requirement, such as Orientation, Commencement, and Student Life. Lockers Lockers are available for first year students in the basement of O'Brian Hall. You may register for a locker anytime after August 14th and you must supply your own lock. There are two sizes of lockers in the basement. The full-length lockers are reserved for second year students. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-07-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 7/1/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e58a802714e37814f6cd9b8e80b71f2d.pdf e04ea8f73ca027ac08552eefb3fac883 PDF Text Text SBA To Hold Election For President, Directors by Paul Bumbalo resignation will become effective on September 21. Elections for Student Bar Wolffe resigned for personal Association (SBA) president, six reasons associated with her being first year directors and three Faculty-Student Relations Board (FSRB) representatives will be held September 19 and 20. Leslie Wolffe, who was elected to the SBA presidency last February, resigned during the September 4 SBA meeting. Her Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 1 accepted by the Buffalo Law Review, according to Ted Donovan, SBA secretary and chairman of the election committee. The FSRB positions have been filled by appointment in the past. This practice was curtailed when recently discovered the by-laws require these positions be filled by a general election among the student body. The FSRB is a faculty-student grievance board. Also on the ballot will be a grade referendum. Unlike the referendum of last year, this one will be narrow in scope pertaining solely to the freshman research and writing course. The Academic it was faculty Policy and Program Committee and job hunting. (APPC), chaired by Dean Tom "The S/U grading format may Headrick, is considering changing have caused problems for the grading system for this course back to the H, Q, D, F format. It appears the Satisfactory/ Unsatisfactory manner of grading the Spring 1979 research and writing class did not produce the desired results. Research and writing is an important course in terms of personal development Opinion State University of New York at Buffalo School of Law prospective employers attempting to evaluate students or possibly the problem may simply be related to a lack of motivation," Donovan said. The purpose of the referendum is to provide student input into the decision-making process of the APPC. Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 September 13, 1979 Freshmen Law Students Receive Warm Welcome by R.W. Peters - mike Shapiro Excerpt from the NLG pamphlet "Buffalo Law Students Survival Handbook, " which was banned from the OrientationPacket distributedto entering first year students. SBA Angered By Orientation Decision by Carol Gardner The Student Bar Association (SBA), at its first meeting of the year, voted to express their "dissatisfaction and displeasure at the decision of Allan Canfield and the Orientation Committee to exclude the National Lawyers Guild (NLG) handbook" from the freshmen orientation packet. The vote for the resolution was 5-3. The National Lawyers Guild, an SBA recognized student organization at the law school, had not been permitted to include its pamphlet called the "Buffalo Law Students Survival Handbook" in the freshmen orientation packet put out by the Orientation Committee. The National Lawyers Guild had been given $100 by the SBA last spring in order to have the pamphlet published. Although the SBA also funded the orientation program, SBA directors, the members of the Orientation Committee and Canfield, Assistant Dean of Student Affairs, all admit the SBA did little else. Ted Donovan, Secretary of the SBA, described the Orientation Committee as "not a student-faculty committee, not even an SBA committee. Any interested student could serve on the committee." The lack of supervision of the Orientation Committee by the SBA contributed to the preclusion of the NLG pamphlet from the information packet. Joe Peperone, an active Orientation Committee member responsible for assembling materials for the packet said, "The SBA never gave -cont'd. on page 8 polled. some of the finer public houses in Doric Bcncsh, one of the and around Buffalo. According to some first year second year students on the On Wednesday, the various students this year's freshman Orientation Committee, was section teachers met with their orientation was a smashing pleased with both the improved students and gave brief course success, but to others it was a attendance and the increased descriptions and advised those confusing medley. The organi/ers enthusiasm on the part of those assembled what to expect. After of the three-day operation were, attending. Bcncsh was no doubt ihc meetings, some students held for the most part, second year law particularly impressed with the individual conversations with the students and law school enthusiasm exhibited by those law professors. administrators. The purpose of students attending the Monday Gary Gaffncy, another member the program was to allay the fears night wine and cheese parly, at of the Orientation Committee, has and anxieties of the arriving first which an unprecedented amount been fielding criticisms from some year and transfer students. As of of yin ordinaire and fine cheeses students but advises the Opinion this writing, no student has yet were swilled and gobbled by the that the positive response has far surpassed the negative. However, shot him or herself, taken the big great throng. leap down the O'Brian stairwell, The following night saw an Gaffncy's imposing physique may therefore, it might be said the orientation first The Great have deterred those who orientation was a success. Buffalo Bar Crawl. Bcnesh stated otherwise might have voiced a But in talking to various that between 60 and 80 highly negative impression. The weenie-roast and beer students, this reporter detected a motivated students turned out for rather blase attitude regarding the this event, and were introduced to -cont'd. on page 8 entire indoctrination period. Some were of the opinion that the entire exercise was not important in the least. Others saw it as a good time, but were doubtful of its necessity. by R.W. Peters Arthur Garfinkcl, a first year student and a graduate of This year's entering class is the largest in the law school's SUNYAB, suggested that a more history. Rough count indicates there will be 290 students in the individual approach could have freshman class. 302 have been accepted, but twelve persons have been taken. Garfinkcl, a native of simply not shown up, and have not informed the registrar of their Brooklyn, New York, also felt intentions. that many of the problems The male-female breakdown is similar to last year's entering addressed by the "oricntators" class, with women comprising roughly 35 per cent of the class. were problems that should have There are 30 minority students, and several handicapped students been resolved in one's as well. Most of the people are New York State residents, with undergraduate years. these somewhat evenly split between Western New Yorkers and Andrew Sapon, from Oneonta those living proximate to New York City. Exact figures will not College, said the orientation be available until early October. had served to create problems that The size of the class has caused a few problems. Section one not previously existed. "Once of this year's freshman class has nearly as many students as someone tells you not to worry section two and section three combined. Charles Wallin, registrar, two hundred times, you begin to advises the Opinion that the administration is hampered by the think 'Maybe there is something I,, fact that there are few suitable rooms at O'Brian to handle large should be worrying about , numbers of people, room 107 can seat 72, while 108 seats 81. Sapon said. The section one spillover is in room 106, which currently holds 140 Julie Rosenberg, of Albany students. Room 112, with over 100 seats, has been considered State, enjoyed the three day and discarded as a possible way of handling the overflow. It seems program, and thought a party the that this room is known for its bad lighting and poor acoustics, first night was an excellent idea. and is disliked by teachers and students alike. It appears that the Rosenberg's generally positive limited options available to the administration on this issue will impression of the orientation any solution to the overcrowding problem. hinder period very much echoed the majority opinion of students Largest Class Ever Causes Headaches , �Vol. 20, No. 1 • • Opinion f\ Sept. Letters To The Editor 13,1979 Candidate Reserves Policy Statement FSRP Representatives, serves to 19 in which all candidates may many interested place their statements. It is my intention to reserve making full use Thank you for this candidates from own policy statement until my before the publication your of opportunity to announce my that time so that the student body 20, 19 and candidacy for SBA President in election on September have before it a full and will therefore, Board, The SBA 1979. the upcoming election. publish a complete commentary upon The very recent availability of has volunteered to Election which to make their judgments "The bulletin, as well for that vacancy, To the Editor: Editor-in-Chief Randi Ch.tvis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Paul Bumbalo, Carol Gardner, Mike Rosenthal. petitions as for the First Year Directors and prevent when casting theirvotes. I urge every student to obtain a copy of "The Election Broadside" when it is made available. I further encourage each of us to fully acquaint ourselves with the candidates and the issues so that performance. You did a fine job." the business of student government will continue to Gary R. Gaffney prosper as it has under recent Joe Peperone administrations. Benesh Doric H. On Behalf of the Doric H. Benesh 1979 Orientation Committee Second year student Broadside," prior to September a Orientation Committee Expresses Appreciation Contributors: Joe Peperone, R.W. Peters, Karen Spencer. To the Editor: Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo We would like to express our deep appreciation to all those persons, both within and without the law school, who contributed to the success of this year's Orientation. To the many upperclassmen who participated and to Mr. Allan Canfield, we would like to share the following words of an entering To theEditor: first year student: "All of you have earned many kudos for your As I'm sure you are aware, SBA President Resigns Editorial To the Editor: The practice of law has been viewed historically as the "noblest of professions," and its practitioners have been traditionally held to the highest ethical standards. The contemporary public's view that law and lawyers are far from noble is understandable, however, when we consider that an "appearance of impropriety" may be gleaned even in our own law school. When our first year law students' initial impressions of their new school and chosen profession are controlled by the caprice of a few of their uppcrclass peers, there is cause for alarm. The facts of the matter arc simply summarized: after the SBA allotted $100 for the National Lawyers Guild (the "NLG") to produce and distribute an informational pamphlet (the "Pamphlet") for first year students and the NLG produced the Pamphlet, the Orientation Committee (the "Committee") unanimously denied the NLG's request that they be allowed to distribute the Pamphlet as part of the Committee's "Orientation Packet" (the "Packet"). The vote for denial was taken by the Committee's members in an offhand and careless manner: one by one as Committee members arrived at the "Orientation Packet Stuffing Party." No discussion or debate was heard in this closed "session;" neither may any rationale be discerned for the Committee's summary decision. It is true that the NLG missed the deadlinefor submission of materials to the Committee for inclusion in the Packet. The NLG was willing, however, to stuff the Pamphlets into the Packets themselves to avoid burdening the Committee with that task. It is true that the Pamphlet did not explicitly state that it did not express official views held by the administration about the law school and law practice, and that the Pamphlet's title, "Buffalo Law Students Survival Handbook," might at first glance cause its readers to believe it is an official administration publication. Even the most cursory perusal of its contents, however, would cause its readers to realize it is not an official administration publication. And it is axiomatic that the only readers who might be affected by the Pamphlet are those who at least cursorily peruse it. The only remaining objection raised to the Pamphlet's distribution as part of the Packet is its alleged "political" nature. That the Pamphlet may be "political," whatever such a vague term might mean, is not beyond question. It is beyond question, however, that the Pamphlet does not fit the category of literature which the rule against distribution of "political" materials in the Packet was to forbid electioneering materials, the inclusion of which the Packet would be unfair to candidates for office unaware of the opportunity to include such a statement in the Packet. Is this any way to run a law school: allowing the capricious attitudes of a mere handful to eliminate the collective opinion of a large group? It is true the NLG could have achieved their desired goal by distributing the Pamphlet to first year students themselves. They did, in fact, finally do so (and with even greater effect, it is imagined, since the Pamphlet's popularity increased due to the controversy surrounding its distribution). But as students on the vergeof entering the legal profession, where a premium value is place on the almost absolute right to unhampered free speech, was it not, at the very least, a poor example the Committee provided for their new colleagues to follow? Or was it, ironically, the Committee's unstated intent to "orient" the incoming class to one of the exact problems the NLG wished to warn them about: abuse of vested power by the controlling minority to thwartthe collective efforts of the powerless majority? - Opinion September 13,1979 Allan Canfield Leslie Wolffe I Committee Gets Compliments Irony In Orientation 2 There was no remuneration for their labors the only way to repay them is to salute their work publicly; hence, this brief note. Congratulations to everyone and especially to Joe and Doric, two fine and conscientious people who were most visible throughout the weeks involved. have decided to resign as president of the SBA. I have found that my academic schedule and additional commitments make it impossible for me to devote the time I feel necessary to effectively work with the SBA. I appreciate the support that I have received from the Board and the student body. I also hope that whoever is elected will receive that same support and courtesy that you have shown me. Thanks again and have a terrific year. This year, again, the Orientation was beautifully managed. Joe Peperone, Doric Benesh, Rick Valentine, Jeremy Nowak, Leslie Wolffe and Gary Gaffney provided the main push, working many hours to bring it off. About 25 other students helped as well. - Wolffe Expresses Hope For The Future sure everyone will give this remaining objective to the decision adequate consideration situations involved. There are and make their views known three student representatives and three faculty members on the during the election. to each of whom have full Board, would like the clarify I voting privileges. positions presently available: If you have decided to run for President The president of any of the positions available and the SBA has the usual have any further questions, please administrative duties expected of don't hesitate to stop in the SBA that position, as well as the office and ask. I would like to responsibility to maintain a close wish all the candidates the best of liaison between the faculty and luck and thank you all for making administration and the student evident your concern and interest body. The president should also in the development of the Law be accessible to the student body School. In addition, all positions in order to understand the issues for Faculty-Student committees and problems concerning the will be available once the new students. president is elected. Right now I would like to Director SBA directors have thank everyone who has the responsibility of representing supported the SBA and worked their class on the Board as well as with us in our projects last year being members of various SBA and over the summer. Specifically, and Faculty-Student committees. thanks are due to Doric Benesh A director is expected to attend and Peperone for their tireless all SBA meetings and to spend at workJoeon Orientation this year. least one hour a week in the SBA Countless compliments have been office. received from students and faculty alike. All those who FSRB Representative This worked on the committee over year we are c lecting the summer and at Orientation representatives to FSRB. the deserve much credit and thanks. FSRB is the grievance board of Thjs is a new year, and I hope the law school. Any issue that our goals will not be forgotten, arises with respect to a student but instead will be developed and and disciplinary questions come carried through together with before the FSRB. These those new projects the Board representatives must be sensitive decides to involve itself in. to the needs of the students while Have a good year! - by Leslie Wolffe As I'm. sure all are well aware, an election will be held next week for president, six first year directors and three Faculty-Student Relations Board (FSRB) representatives. I am convinced all those who have chosen to run have done so after much thought and consideration. Last year, we tried to continue a policy begun during Tony Leavy's administration, to actively develop and support those programs the Board felt would most benefit the law school. I believe the Board began that process last year and I hope those elected will continue to work in that direction. We have one issue that has come up and will be appearing on the ballot next week. The question is whether the research and writing program should continue on a pass/fail basis, or return to the traditional H,Q,D,F system. The SBA feels this is an issue with direct impact on the student body. Therefore the question will be presented on a ballot referendum. The results will be presented to the faculty. I am - - Quote of the Bi-Week ~ Parkiiuon'e Law: Work expands to fill the time available for its completion �Survey: Most '78 Grade Employed OPEN HOUSE Opinion <*f The Wednesday, Sept. 19 9:30 a.m. to 4:30 p.m. Room 623 Coffee & Doughnuts Wine & Cheese Wings and beer from 1 to 2 ALL WELCOME! Placement Office completed its job survey for the % 1978 graduating class last spring. Each person who had obtained employment prior to commencement was contacted and asked to complete a brief form. Since that time, two mailings were forwarded to graduates in an effort to make the information as complete as Of a class of 265, responses were received from 212 people. Any who have not yet obtained satisfactory employment are being contacted by telephone each time a new position is made known to the Placement Office. It is hoped that this procedure will help them find something suitable. Of the responses, 182 are employed full time while 14 who have passed a bar examination are not. This means that 93 per cent of those eligible for legal positions have obtained them, slightly above the national average. Sixteen others are unemployed because they have not as yet been successful on the bar examination. These statistics are identical for both male and female graduates. Of those who are employed, 87 have gone into private practice, 64 work for a government agency, 11 are with a corporation or other business, 8 have judicial clerkships and 11 have entered the academic field. For those who are counting, one did not advise where he is working. New York State claimed the vast majority of last year's graduates, with a" total of 147. Of those, 60 have settled in Buffalo, 29 arc in the New York City area and the remainder are disbursed throughout the State. Of those who have left New York, 10 are in other parts of the Northeast, 5 have gone to the Southeast, 6 to possible. I CONFIDENT? 1 I YOU BET! I The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we know we are going to have even more sue cessful programs for our 1980 courses. Joe Marino, Mike Josephson and a group of hand-picked lectur ers are ready to give you the best preparation available tor the New York Bar Exam — the most intensive and valuable practice on the integrated New York essays and the most insightful and helpful approach to the Multistate objective questions. If you can decide to join us before November 1, you can save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you will: S' Save $110 on the course price. Save an additional $80 by getting our exclusive Programmed Learning System supplement at no charge. gl§ Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no charge. — Obtain a set of New York and Multistate out lines for use in school or for an early start (mm imum $150 deposit required). ■Course Price until 11/1: (3251 I immiMl ÜBiiiiii Manno-josephson/BRC 71 BROADWAY, 17th FLOOR, NEW YORK, NY 10006,212/344-6180 |H STATE UNIVERSITY OF NEW YORK AT BUFFALO Save an additional $40 by getting our exclusive m Multistate Clinic at no charge. jM central portions of the country, 11 to the West and Southwest and 2 have left the United States. Of those employed, 101 were willing to reveal their earnings. A large number of them received more than a basic salary. Many of the figures are based on the' amount received before admission: to the bar and are therefore lower than the actual earnings for the first year. Five stated they began at less than $10,000 annually and one indicated he is receiving over $30,000 annually. The vast majority receive between $11,000 and $22,000 with 34 between $11,000 and $15,000,18 between $15,000 and $18,000 and 29 between $18,000 and $22,000. Firms seem to have the widest range of salaries, with the small firms hiring most people between $10,000 and $15,000, medium-sized firms between $11,000 and $18,000 and large firms between $18,000 and $30,000. Government agencies had approximately one-third in the $11,000 to $15,000 range, one-third in the $15,000 to $18,000 range and one-third in the $18,000 to $22,000. Businesses hire mainly in the $18,000 to $22,000 range. Every graduate is sent a copy of the monthly employment bulletin at no cost for two years. This is a four or five page newsletter noting positions available throughout the country. I WS WELCOME BACK! Christopher Baldy Hall is open for your convenience WEEK OF: Monday, 9/10 thru Thursday, 9/13: 9 a.m. to 8:30 p.m. Saturday, 9/15: 11 a.m. to 3 p.m. REGULAR HOURS: Monday to Friday: 9 a.m. to 5 p.m. Closed Saturdays Marino-Josephson/BRC Representatives at your school: SUNY/BUFFALO Ann Bermingham Cathy Kaman Leonard Kirsch Carol Maue Patrick Curran , Jerry McGrier Philip Mclntyre James Ryan Dwight Wells Mark Grossman We also have a check cashing service: Monday thru Friday: 11 a.m. to 3 p.m. Saturday, 9/8 and 9/15: 11 a.m. to 2 p.m. September 13,1979 Opinion 3 �From The Stacks New Copiers, Extended Hours Improve Library Service by Karen Spencer typewriter there for student use. Any problems with it should be a directed to the SBA. The Library extends heartwarming welcome to all new students and faculty and a welcome back to all those returning. We hope your summer was as productive and enjoyable as ours has been. The biggest news is the copy machines. Would you believe that we have two new machines for a total of three, still at five cents a copy??!! Room 224, formerly the student typing room, at the back of the second floor, is now the home of these two new machines. A big thank you is owed to Wade Newhouse for his tremendous efforts involved in this task. Maybe we have seen the last of the long lines. The typing room has been moved to the old copy room on the third floor, room 335. The SBA now maintains an electric The fifth floor has extended their hours again this year: 8 to 11 Monday to Thursday 8 to 9 Friday 9 to 5 Saturday. It is closed on Sunday, but anyone needing documents or A-V materials on Sunday, is asked to please make arrangements during the week with the respective staff. The light now shines on the Audiovisual Department. After years of waiting, lights were installed in the microforms area. Now when you are searching for Supreme Court Record and Briefs you need not go blind or bring a flashlight. Electrical outlets are installed on the walls for extra lights and the microform readers/printers. Anyone familiar with the area will - — remember the obstacle course of extension cords all over the floor. Alas, we are still waiting for extra outlets for the floor so that we can have lights and recorders on the carrels, but we have been promised them soon. The microprint edition of the United Nations Documents has joined the foreign and international documents collection on the sixth floor. A machine to read this microcard series is located nearby. And speaking of microforms, the Union List of Serials, which lists all of the periodicals and journal titles found in this University's libraries will soon be coming out on microfiche. The printed list currently at the Index Tables near the Reference Desk will be replaced by the new fiche format with readers available. LEXIS continues to expand, also. The "help" button now Committee Openings Available Shortly after the results of the Law School's September Student elections, the Board of Directors of the Student Bar Association (SBA) will act to fill the student positions on Faculty-Student Law School Committees. So that students may have a better understanding of the possible mechanisms by which we can effect law school policy and programs, a brief survey of the identity and functions of various Faculty-Student Law School Committees follows. Academic Policy and Program (Chairperson, Dean Headrick; 3 students) This Committee has the responsibility for planning each year's curriculum and for establishing the curriculum for any advanced degrees as may be approved by the Faculty. The Committee also has jurisdiction over course offerings and curriculum for legal studies programs. It is responsible for developing the curriculum and standards for non-professional degrees offered under the authority of theLaw School. ; Academic Standards and Standing (Chairperson, Dean Headrick; 3 students) This committee considers student petitions for waiver of requirements or acceptance of special study for credit. In a sense, it is judicial in nature, and most of its matters are secret. It meets only upon student request. Admissions (Chairperson, Professor Greiner; 4 students) This committee deals with both making policy on admissions and the actual admissions process. Members of this committee review the individual admissions responsible for budget planning minority sti'dents. and advising the Faculty and Dean Self Evaluation in developing priorities with (Chairperson, Professor respect to the allocation of Kochery; 2 students) This resources among the Faculty committee is concerned with programs. The Committee also individual civil rights complaints. reviews the performance of plans It is judicial in nature, and meets adopted by the Faculty. The only when the need arises. Committee makes budget In addition, six students serve allocations after considering, as representatives to, and among other things, budget item observers of, the Faculty proposals, suggested by individual meetings. Faculty rules provide that faculty members, Law School Committees, and student students have full voting rights on organizations. each committee. Representatives Special Program Committee to the Faculty meetings do not (Chairperson, Professor Olscn; vote, but they can participate in 2 students) This committee was formerly known as the Minority Student Affairs Committee, which had been taking increased responsibility in the admission of BUTTNOSE applications. Appointments i (Chairperson, Professor Joyce; students) This committee searches out candidates for appointments to the faculty and has the power to make -recommendations to the Faculty with respect to such -appointments. Budget and Program Review (Chairperson, Dean Headrick; 3 students) This Committee is .2 4 Opinion September 13,1979 all discussions. Students interested in contributing time and energy to any of these committees, should contact any member of the SBA. coPYlUoMr&iQn ortmpti omics offers more detailed explanations so that users can better organize their search. The number of states included in the LEXIS data base has also grown. With the extension of the fifth floor hours, LEXIS can now be used: 8 to 2, 5 to 11 Monday to : - Thursday 8 to 2, 5 to 9 Friday 9 to 5 Saturday Prior training is required of anyone wishing to use LEXIS. - - Refresher classes will be held later this month for second and third year students and faculty. Beginning Tuesday, September 25 classes will be held: Tuesdays 5 to 6 pm, Wednesdays 8:30 to 9:30 am, and Thursdays 1 to 2 pm. These will run through October 18. First year students will be trained in the second semester in conjunction with the Research and Writing Program. Yet another computer has arrived in the library, OCLC. The Ohio College Library Center system is the largest library network in the country and has been in use in Lockwood Library here on campus for over six years. The Law Library's Cataloging Department received our terminal in August and began immediately to search and catalog books by computer. The data base is derived from magnetic Vapes created at the Library of Congress. Because it is also possible to identify other institutions holding a particular book, OCLC will be an aid to our Interlibrary Loan Service. Some staff changes are worth noting. A recent Buffalo law graduate, Linda Cohen, has. been hired as the Head of our Cataloging Department. Carol Ncwhouse resigned in August to move to Albany leaving our night circulation clerk's position open. Thanks to our dependable student help the library is able to remain open its usual hours. Anya Pruc is this year's graduate assistant. While attending library school, Anya will be working in the A-V Department. Nina Cascio is Acting A-V Librarian and has been working hard to expand the department's services. Many thanks go out to her for her extensive efforts over this past year. Karen Spencer will be working more closely with the Research and Writing Program and with individual faculty on special productions. In an effort to provide more resources for other states and not deplete library money or space, we are concentrating our collecting of secondary material in the following ten states: California, Connecticut, Florida, Illinois, Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania and. Texas. .Thus far we have received case digests and a few state legal encyclopedias. As an aside, Abbott's New York Digest now has a third edition called New York Digest 3d. BYKELLY&LEVINE �ei979BAR/BRI September 13,1979 Opinion 5 �Culinary Counsel Chapter One: The Amazing Versatile Omelet by Karen Spencer One: Oh! Oh! Oh! Omelets!! This first chapter is dedicated to the originator of this column, Paul Suozzi. Alas, our pasta king has left us for the Big Apple but if we all wish real hard, maybe he will return someday to contribute again to the welfare of our palates! Until such time, I will do my best to continue in his footsteps, even to feebly attempt alliterated titles. All contributions are welcome, of course, so please feel free to offer suggestions or Chapter recipes. Today's subject is quick, easy, nutritious and thus great student food: the omelet. You can till it with anything or nothing. It can be savory or sweet. It's one of the most versatile lifesavers when it comes to cooking. Jelly omelets I grew up on them and now my nephews think they arc terrific. Omelets can be filled with fancy exotic ingredients but they can also glorify leftovers. Cheese, stir fried veggies, herbs, meats, sauces, chutneys, etc. The sky's the limit. Whatever your tastcbuds desire and your imagination creates, you can be quickly and nutritiously satisfied with the omelet. I checked several cookbooks from Julia Child to Taylor and Ng, including some of the paperback issues devoted to the subject. They differ slightly in method and advice but I have extracted the consistencies, and combined my experiences. Number one: The Pan. There is a confusing array of shapes, sizes and constitutions. The new gadgel pans come equipped with their own instructions so we shall ignore those here. The classic French type of plain iron pan 1/8" thick is preferred. When properly cared for the eggs will not stick. Seasoning and care are important. There are two methods of seasoning a new pan. Both begin by scrubbing with steel wool and scouring powder, rinsing and drying well. Julia Child suggests to next heat the pan until the bottom is too hot for your hand, rub it with cooking oil and let it stand overnight. Then sprinkle a teaspoon of salt in the pan and heat it. Rub vigorously for a minute with paper towels. The second method after Shrimp Creole. plate, seam side down. Ratatouille. Turn off the stove and MANGIA! Omelets, like souffles Cheese and chutney. Chicken, beansprouts, water do not wait. chestnuts and soy sauce. Omelets are great for breakfast, Clams, chives, cream sauce lunch or dinner. They are a great with white wine. way to liven up the study group at Asparagus, parsley chives and two o'clock in the morning when cream. you all need a break and need to Strawberries and kirsch. be nourished. Roquefort cheese, cream and A few suggestions for fillings mushrooms. follow. I hope they just begin to Broccoli and procuitto and more exciting stimulate you to green onions. creations of your own! Shrimp, walnuts and green cleansing, is to pour 1/8 to 1/4 of Avocado, crumbled bacon, onions. an inch of oil into the pan, set fresh chives & Coriander. Crab and avocado. over low heat for 10 minutes, Spinach and sour cream. Pizza omelet. rotating the pan so the oil coats Chicken livers and sour cream. Artichoke hearts, pimento and all of the sides. Pour out the oil Mushrooms, onions, parsley. parmesan cheese. and rub inside and out with paper Chili and Monterey Jack Bananas and rum. towels. cheese. Chili Rellenos. For best results, just wipe with Cream cheese, anchovies, paper towels after use and reserve parmesan cheese and brandy. Buon appetito! this pan only for omelets. If you rinse, only use water. Do not scrub and rub the pan with a little oil before putting it away. Number Two: The Ingredients. Suggestions varied. Some say to add milk, cream or water; some beat the yolks and whites separately. The easiest is the classic French omelet using two or three eggs and desired seasonings. A word on freshness. The best is hot from the hen but since not many of our readers live on the farm, there is a way to test for the next best thing. Immerse the egg (before cracking!) in cool water. If it lies flat, it is fresh. If one end tilts upward, save it lor baking. If it stands on end, throw the rascal out! Number three: Get Ready. Assemble everything you will need. The whole process takes less than a minute so there's no lime to roach in the fridge for the filling or into a ,drawer lor a utensil. You will need: the pan, a fork, a spatula (if you desire), a wire whisk, a small bowl, 2 or 3 eggs, seasoning (sail, pepper, tabasco sauce), butter, and a warm plate. Number Four: Do it! Whisk the eggs and seasonings until they arc just blended, about 20 seconds. Eggs should not foam. Place one tablespoon of butter in the pan over very high heat. As the butter melts, tilt the pan in all directions to film the sides. When the foam subsides and before the butter browns, turn the heat to moderate and add the eggs. While sliding the pan quickly over the heat, stir the eggs with the fork to spread them continusously over the bottom. In three or four seconds, when there is a light broken custard, add the filling in the center. DO NOT OVERCOOK! Eggs get dry and rubbery. Run the fork under the edge of the omelet to make sure it doesn't stick. Give the pan a few hard shakes to loosen. Fold the far edge over the middle and then the near edge. Pour onto the warm MOOT COURT BOARD Wednesday, September 19 OPEN HOUSE And Informational Meeting 1-5 p.m. Moot Court Office, Room 8 Free Coffee and Donuts Opinion 6 September 1?,.l^7? __ vl_ \J\J friendly, inviting atmosphere, super food and excellent prices. NOT for vegetarians only meat eaters should at least try it once. Anyone wishing to let our — readers know of their favorite restaurant in the area or elsewhere, please drop me a line in Rm 623. 831-5572 m HI - 361 Squire HaII(M.S.C) UrJ I Restaurant of the Bi-Week: The Greenfield Street Restaurant 25 GreenfieldStreet Buffalo, New York 14214 836-9035 Lunch-11:30 to 4:30 Dinner 5:00 to 9:00 Weekend Breakfast 9:30 am Closed Monday. The best vegetarian restaurant in Western New York State or practically anywhere for that matter. The cooperative system under which it operates creates a , I L-P r . , n I ,,,. press A professionally typeset and printed resume can ,„, 1 r, :, ;, :;:".,:,r;„;: JUU ;;;::,:::;:: Hcwiiw w.- .ire a small sli iv ! ,r ' STATIONERY a complete line of raised type letterheads & business cards. Pick a design from our displays or let us create an original just for you. Prices as low as $12.00/1000. PUBLICATIONS we can help you or your organization to publish anything from simple pamphlet to a 200 page full color book (check out the 1979 BUFFALONIAN) and our service Is fast! lookaroundi Chances are you've seen lots of our posters & artwork on the walls all around campus. Any size, any colors. 100 11" x 17" posters As low as $40.00. - c Is-d i WJ-^s U 2^l l-l-r— ■ O g^ c wilh sludcnK, iiuniei in any neia. m«-i v,,,,, „«*. N<.r... Mr..un<i.n<.ii..ubicMik.n.. "■v ,,, We're experts! " ,":";,",::;■;:;; Boc " Design, composition & printing of 100 copies of a 1 page resume: $18.65. POSTERS & FLIERS Ifcfe Qg^O}J UNIVERSITY PRESS i% j ilmlgn Mil compmlllon ( i Mu ,i,,,,i r i>l squire h.,11. we ,„„!(„ i,K IV I l—\J UO U ICUI ÜbSCI IU U university II -g | l^! i 1 rt -' I c " "c! Ml< ° , tmmm^:i £ UL 11 % " cri I © r^ \J%™ 2 <-" §. . rtV " 03 mSI I I ' ■ > �Pep Talk - Newest Teen Heartthrob Yanks 9 Bucky Dent by JoePeperone I must admit I have enjoyed myself this summer. You see, I hate the Yankees, and to my great satisfaction the team has spent the better part of the year in fourth place. I don't know the reason I've never been a Yankee fan. Possibly it has to do with the 1954 Cleveland Indian pennant which hung over my bed when I was a kid. Anyway, in other years, my joy at seeing the Yanks falter would have been kept to myself. Only a careful observer would have seen the smile curl around my lips at the sight of the previous night's boxscore. This season, though, due to my close proximity to a seriously ill young girl, I am letting my feelings show. This fourteen-year-old mere wisp of a girl, my sister Lynn, unfortunately has come down with the dreaded 1979 pubescent ma\ady-Buckyitis. The disease has been described as "serious review bar infatuation by young girl to one TV dressed in her complete Russell Earl "Bucky" Dent, Yankee outfit for every inning of number 20, shortstop for the New every Yankee game which came York Yankees," or as Elvis through the cable. Books about Costello has put it, "This year's the Yankees, magazine articles, model" of Shaun Cassidy. newspaper accounts — she Lynn first caught the "bug" devoured them like drugs. She during last year's playoffs. It began as a small thing. "Gee, that guy is cute!" At home, we naively thought the long winter months would cure her. But no. Staying at my grandparents' house in Florida this spring training, Lynn got his autograph. Shortly thereafter, with her own money, she proceeded to buy a Yankee shirt, jacket, cap, pennant and a Bucky Dent button. I never found out how she got the money to buy these things maybe she lied about her age and worked nights at Penney's, but by April, it was too late. She was hooked. We, her family, tried Blue Jays season everything read Sparky Lyle's book in two days, and began it again. She bought Burger King french fries daily, rejoiced at Tommy John's good spring, and cried at Thurmon Munson's tragic death. Despite the fact the team is going nowhere this year, Lynn A Useless Sports Trivia Answers can be dropped off in Room 623 for prizes. Correct answers will be printed in the next issueof Opinion. 1-3) In 1974, the only full season of the World Football League, who led the league in tickets, Wilderness Camp, cash, interceptions, what team did he prizes but nothing would move play for, and how many passes did her from her seat in front of the he intercept in the 20 game season? 4) In 1923, the Oorang Indians played their last saeson in the NFL, finishing 1-10. Who coached the Indians? 5) George Halas coached the - — refuses to give up hope. I've stuck homemade signs saying "we're number four" in her room. I woke her up in the middle of the night with the news that Bucky's been traded to Seattle. I've tried to get her dates with married men. But she still won't admit she's in love with a .230 hitter and is supporting an overpaid, washed-up group of old men who are all becoming free agents at the end of the year anyway. In preparing thisarticle I asked her if she had finally given up on - first Chicago Bears team in 1920. In what year did he coach his last Chicago Bears team? 6) Name the NHL player who three times has scored his 50th goal of the season on his birthday? 7) In the 1970-71 season, Michel Plasse, playing for Kansas City in the Central Hockey League, did something which has never been done before or since in professional hockey. What did he do? 8) The first modern "World Series" was played between the the Yanks. In all seriousness, she told me "anything can happen, look at last year." "And Bucky?", I asked, (whose divorce announcement made the girl's summer) "will he still be with the team next year?" "He has to lower his price." Finally, I asked her, "What if Bucky is on another team next year?" Lynn never hesitated, "I'll follow him, I'll got to college in whatever city he plays in, and if it doesn't work out... we11... there's always Lee Mazzilli!" Quiz champions of the American and the National Leagues in 1903. The Series has been played in every year since, except for 1904. Why was there no World Series in 1904? 9) Len Dawson, ex-quarterback for the Kansas City Chiefs, holds one NFL record he would rather , forget. What is it? 10) Only one major league ballplayer played both in 1935, the year Babe Ruth hit his last home run, and in 1954, the year Hank Aaron hit his first home run. Who was he? Record Rack Summer Discs Get Mixed Reviews by Mike Rosenthal Rickie Lee Jones Rickie Lee Jones The last debut album to show off the genius lacking in all the by Amy Jo Fricano special unless you are an awfully other singer-songwriter debut big eater. But beware, the hot albums of this year was If you've been confused by wings are only for diehards. The Springsteen's. His, unlike almost signs around the law school other foods served are hot dogs every other of the last ten years, was original, immediate, advertising Temperance Meetings and fries. at R.P.R., let me enlighten you. If you are a hard core New contemporary and vital. Jones R.P.R., Rooties Pump Room, is York sports fan you will be happy album has the same power, force, the closest bar you could stumble to know Rooties has cable TV eloquence, and comfortableness to from your favorite, secluded and regularly brings you the about it. Furthermore, unlike library nook. Rooties is located Yankees, Mets, Knicks, Nets, Springsteen's debut which at 315 Stahl Road at Millersport Giants and Jets. The Rangers and indicated the promise of a perfect Highway, next to Burger King, Islanders, of course, will be album in the future (realized by minutes north of the Amherst warming many a blizzardy Buffalo Born to Run), Jones has Campus. It was clearly a natural hockey season eve. There is accomplished the amazing feat of for this first Bar Review, since law pinball and foosball for those reaching perfection the first time school parties periodically happen times when your team is out. there. A total unknown less than five hopelessly behind. ago, Jones has already, When disco glitter is too much months there is no Although for you and those quiet, intimate extraordinary sound system at and rightfully,achieved the stature spots aren't quite enough, Rooties, the juke box is stocked held by very few others. Jones Rooties Pump Room can be a with a wide ranging selection voice is flexible and at various convenient compromise. Bar Charlie Daniels to ELO to Stones points it soars, shimmies, shakes, hours are Monday through Friday to disco. You can usually be sure growls and purrs. She bops, she 2:30 pm to 4:00 a.m., and you will hear your tunes before scats, she becomes a bluesman, a Saturday and Sunday 4:00 pm to you turn into a pumpkin. There is folkie, and a crooner. Her writing 4:00 a.m. (so don't attempt to go also a spacious hardwood dance speaks of the streets and presents there for lunch). floor with wall-to-wall mirrors. If a reality cum fantasy cum reality. Rooties offers a variety of you love to dance, this could be Her voice and some of her drink specials. Monday you can the place for you, because you melodies bring Laura Nyro to get three splits for a dollar, and and your partner will have to mind, but Nyro hasn't been vital, Wednesday three shots of compete for floor space only on immediate or contemporary in schnapps for a dollar. On an occasional busy weekend night. about ten years. "Chuck E.s In Love," a song Thursday shots of tequilla are Should you arrive when the dance with similarities to the best of speak up. out, are fifty cents. The bar now features a floor lights new treat of Mini Jamaicans at Rootie is usually glad to Motown soul, was the best thing to happen to AM radio this five dollars a shaker, delivering accommodate you. "Danny's All Star Joint" Prices at Rooties are on the summer. you up to 10 extra shots. "Weasel And The White Boys and Buffalo end of the Many go to Rooties for the lower are, as Rickie Lee Jones chicken wing specials. The spectrum, but they are not the Cool" Spectrum (the undergraduate lowest. Dollars Off, a coupon herself would say, "finger snappin' deluxe that make your student newspaper) will have booklet available on campus, will bop bap and your r&b hep be for coupons have drink some weekly coupons for wing specials: "Company" is a crooner's scat." a free double order of wings when Rooties, too. and could easily become a delight Happy Rating: Overall you purchase a double order. Go standard. But then, everything on with a friend or two for this Birthday. , - ' woman's point of view) is carried through, the songs just don't fit well with one another. Carly Simon seems to be shooting for Get The Knack the moon and falling on her face. The Knack Individual songs do work, An album of pubescent love especially ")ust Like You Do," songs, and songs about desires but in the midst of such a disaster, that is pure fun. It doesn't matter they have gotten lost. Let's hope that this album has nothing of any this doesn't spell the end of social significance to say. It is one another artist's creativity. of the cleanest and freshest Where I ShouldBe sounds to come around in a long Frampton Peter time and has taken the big step of This album has none of the turning new wave into charisma or beauty or spark of contemporary pop material. "My any of Frampton's previous Sharona" has an incessantly works. It shows that when you've propelled rhythm track and words been as low as Frampton has been simple enough to garner instant (Sgt. Pepper's), it is possible to go familiarity. "Good Girls Don't" lower. With only one listenable has one of the catchiest choruses song "I Can't It No More," (both in terms of melody and which is paleStandcomparison in to lyrics) to come along in quite a some old Frampton, and at least while. Not a perfect album, but two totally unlistenable songs, one definitely worth buying, Get "May Baby" and "Everything I I The Knack has proven to be the this album is for the dogs! Need," most successful product to arise out of new wave. this album deserves to be played forever. In short, Rickie Lee Jones has given us a perfect album. Spy Carly Simon ILS To Hold A One of our best female singer songwriters, Carly has not been all that consistent either commercially or artistically. No Secrets, one of the classic albums of the decade was* preceded and followed by albums lacking severely in comparison. Each of the two before and after had their moments, Hotcakes having several, but did not stand up to the test of No Secrets. Then along came Boys In The Trees. In many ways this was a new or at least reborn artist. The album was a consistently enjoyable platter. So why does Spy fall apart? There really are several reasons. One is lack of unity. Although the theme of the album (relationships from a Planning Session The executive officers of the International Law Society met Friday, September 7 at 1 pm in the International Law Society's office, Rm 604 for a planning session. Thursday, September 13, from 9 am to 4 pm, the International Law Society will hold open house in its office, Rm 604 with free coffeeand doughnuts. On September 14 at 1 pm in Room 604 there will be a general interest meeting. At a time to be announced a seminar on summer opportunities in international law will be held. September 13,1979 Opinion 7 �SBA Irked On Pamphlet Issue -cont'd. fmm page 1 any guidelines." In July, Peperone had notified law school groups they could submit one-page descriptions of their group's purposes and activities to him. The SBA would pay to have the descriptions copied for placement in the orientation packet. The deadline for submission of the group's description was August 22. Two rules developed concerning the materials to be put in the packet. The first concerned the length one page and the August 22 deadline. The second rule was no political information be included in the packet. "No political things like people who were electioneering. After all, it wouldn't be fair to include anything that would favor one individual over another," Canfield, who suggested the rule, - - explained. "The political rule was a longstanding one," Peperone said. On August 22, Joe Kelemen of the National Lawyers Guild, gave Peperone a one page description of the NLG. The same day, Kelemen asked Peperone about the possibility of the NLG also placing a multi-paged pamphlet in the packet. Kelemen explained the pamphlet would be similar in nature to the one NLG had published the year before. Peperone was familiar with the earlier pamphlet. Kelemen also told Peperone the NLG was printing the pamphlet themselves in order to" save the SBA money. NLG offered to stuff their pamphlets in the packets before the orientation began. Peperone promised Kelemen he would check with the rest of the Committee. Peperone explained the Orientation Committee decided to bend the Committee-imposed time rule and page limit rule and instead address the question of whether or not the NLG's pamphlet would violate the Committee's political rule. said some members pages, nor was it what happened last year. The real issue, I think, is whatrole student groups are going to play at orientation. I get the bleak picture of the law school feeling through my interaction and it made new law students with Canfield and some other paranoid. Peperone said the students on the committee that general concensus of the they felt it was their orientation. Orientation Committee was the They are trying to tell us what law pamphlet was too political for an school is all about. I think NLG has something important to say orientation packet. Peperone felt the Orientation about it (law school) and law in Committee accepted his basic general. I think it is a valid thing philosophy about what an for a student group to do. Their orientation packet should contain. (the Orientation Committee) stuff "I felt the packet should just was valid, but so was the Guild's." be an informational packet, Peperone said he is peeved by including maps, travel information the SBA resolution. "So many and activities around town," people did so much. Everyone Peperone said. worked so hard. It's One Orientation Committee Monday-morning quarterbacking member (Jeff Taylor) objected to by the SBA. They never set up the pamphlet because the any rules. They never said 'We're pamphlet was misleading in funding you, so follow what we appearance. He said he thought it say. " was an official SBA document Second year director Paul when he had been a freshman. Israelson will present proposed Kelemen, after being informed guidelines to the SBA for the of the committee's decision asked 1980 Orientation Committee to Peperone to have the committee follow in an attempt to avoid this reconsider the matter. Peperone year's problems. checked back with the committee. He told the committee Kelemen felt the prohibition of the NLG pamphlet from the orientation packet was an act of political , censorship. This time Peperone abstained from being involved in the decision-making "I felt I was being democratic by leaving it up to a vote," Peperone said. The committee affirmed its earlier decision, again unanimously. Peperone asked the committee to agree to give a table to the NLG so that they could pass out their materials. The committee agreed. On the morning of the first day of orientation, NLG put the disputed pamphlet on a table next to the registration desk and hung a sign which read "Free". Kelemen said there was an attempt to portray a single view of what law school is about. "The issue wasn't how " __ '° Jo*?" S£. ' £1 t^*." °T' iT ra^*^ J.^l*stl^rt^ f cnore. inßwmation. 8 Opinion OPEN HOUSE Peperone — TODAY 9 a.m. 4 p.m. Room 604 Free Coffee and Doughnuts strongly objected to the content of the previous NLG pamphlet. They complained it painted a **• *** September 13,1979 - _ ALLn ul ij||U _ Orientation Allays First Year Fears -cont'd. from page 7 blast, scheduled for Wednesday afternoon, fell victim to the caprice of the Niagara Frontier weather system and was rescheduled for Friday afternoon. It was a fine day for all, with an abundance of tube steaks, frosty lagers for a half-dollar, and several bitterly contested softball games. In one of the close matches, Dean Headrick's team lost 14 to 4. To paraphrase Wellington, more than one courtroom battle has been won on the playing fields of Amherst. The beer blast effectively ended the orientation sequence. Most would agree that the three day orientation was a success. If it did not assuage all the fears in every student, it at least pointed out that we were all in the same boat, and we needn't expect ogres as professors, nor Brutus' amongst our supposed friends. Some may have doubted its efficacy, but for the most part, students were happy that someone had taken the time and effort to smooth their entry into law school. study new york practice at your convenience many Wanted: a single bed, desk and dresser. Will pay resonable prices. Rochester Commuters: I'd like to J°in or organize a car pool Call Rick at 631-0690 after 5. between Roch. & Amherst, any or HONDA, 1976 V2, 360 cc, a weekdays. Call Maureen at excellent condition, highway bars, 442 " 7366 (Roch.) Roch. & sissy bar with padded backrest, Amherst, any or all weekdays, Maureen at 442-7366 (Roch.) luggage rack, only 4,000 miles, 55 mpg too! $850 firm. Helmet, battery charger, chain & lock also X available. 691-7496 or leave note LPW STUDENTS tennis and racquetball Sunday Nights (10:30 in mailbox no. 355. to midnight) beginning Sept. 23. eitner w both-$4O for 11 She-dancer, in need of versatile Tennis partner. Possibility of lucrative y***lessoning arrangement through Center. 2050 Elmwood Avenue local dance studio. Also contests, (between Hertel andRj Kenmore). UP contact ch Abbott Otherwise plain oI d or attend an optional 688-8024 by fun. RSVP ballroom/disco meeting Friday, Sept. 21 at 10 am phone. 625-945Z in front of library. Get your head out of the books Learn tO f y Wanted: One female ho"smate to for $300 Private .cense average m are 2 cost $1,000. Lowest flight blocks from Mainhouse St. campus. 99 r 1 Merrimac St., Rent β^washers. $30/hour dual $20/hour solo, dryer. Call Gary,Caryyor Cyma at Also instrument and multi-engine 834.3279 ' instruction available at equally a nd Pa v in9 tQ p dollar *<* oid fiily cert.f.ed flight .rrstructor campaign item;: Buttons, posters. •*=■ «■ trade f*™ Ca(l Bob Schuttz at 8348972 for 636-4522. f* S&*Z■ International Law Society Now on Audio Cassettes New York Practice by Joseph M. McLaughlin Dean and Professor of Law Fordham University School of Law Eight 90-minute audio cassettes on NEW YORK PRACTICE include the following topics: OF THE COURT SYSTEM • JURISDICTION • IN PERSONAM JURISDICTION and QUASI IN REM JURISDICTION • IN REMARM JURISDICTION • LONG VENUE • STATUTE • PARTIES OF LIMITATIONS • . • IMPLEADER • INTERPLEADER • PLEADING • MOTION PRACTICE • PROVISIONAL REMEDIES ESTOPPEL • COLLATERAL and . RES JUDICATA - NEW YORK PRACTICE COURSE CASSETTES $75 For more information write or telephone PLI directly: Practising Law Institute 810 Seventh Avenue, New York, New York 10019 (212) 765-5700, ext 208, 209 • Practising Law Institute is a not-for-profit educational institute chartered by the Board of Regents of the University of the State of New York � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-09-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/13/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c29dbdea6108c529fd8225473c5d0053.pdf 39afab9e16133274990fe6dbcd7c64e6 PDF Text Text New SBA Leadership To Address Fiscal Problems by Paul Bumbalo First year student Doric Benesh was elected Student Bar Association (SBA) president in the fall elections held Sept. 19 and 20. Benesh received 174 of 452 votes or 38 per cent of the ballots cast To be victorious, Benesh needed one third or 151 of the votes cast. She had a comfortable victory margin over ,her nearest rival, Lewis Steele, who received 95 votes. Benesh said her first actions will be directed towards two areas. "The first is making 'appointments to the student-faculty committees and - Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 2 the SB A committees. These are important ! because so much of the school is run by these committees, especially the student-faculty committees. So the sooner these appointments are made, the sooner the students will have input into the running of the school," she said. Another issue which is to receive the SBA's attention, according to Benesh, is the resolution of certain budgeting problems. According to Benesh, "What was thought to be a $21,000 surplus is now a $5,000 surplus. Part of the problem seems to be that there may never have been a real surplus but a paper one appointments m■ also elected. They are Rocky D'Aloiso, Orest Bedrij, John Feroleto, Mark Suzomoto, Ellen Dickes and Patrick Dooley. In addition, three members of the Faculty-Student Relations Board were elected. The new representatives are Jeremy Nowak, Bob Elardo and Josanne Greco receiving votes of 152,150 and 148 respectively. A student referendum dealing mike shaplro with "the grading format for the Doric Benesh caused by the fact the SBA first year research and writing budget is planned in March before course offered interesting results. knowing certain allocations from The senior class, which was graded SUB Board which is on a under the H, Q, D, F format, September to September voted 55 to 35 to return to that system. The results, accounting year." Six first year directors were percentage-wise broke down to 50 Opinion State University of New York at Buffalo School of Law per cent voting for H, Q, D, F, 32 per cent voting for P/F and 28 per cent having no opinion. Fifty two per cent of the second year class, which was the first class to receive P/F grades voted to retain the P/F system while 40 per cent voted for the H, Q, D, F system. The first year class favored the P/F system, with 52 per cent casting votes in favor of P/F, 45 per cent for H, Q, D, F and 7 per cent with no opinion. From a school wide perspective, out of a total of 465 votes cast, 219 or 47 per\cent selected the P/F system, 205 or 44 per cent selected the H, Q, D, F system and 21 or 9 per cent had no opinion. Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 September 27,1979 Legal Internships Granted To Assist Senior Citizens by R.W. Peters non-volunteer public interest addition, since several law projects in the Buffalo area, and students had worked there in the Thanks to the committment taking note of the limited money past, BPILP was familiar with the and largess of the Student Bar going into this field, decided to organization's activities. The BPILP selection process Association (SBA) and Law jointly fund the summer was long and difficult. Ruth Review, two University of Buffalo internships. BPILP was formed in the Kennedy-Daise, one of the Law law students were given the opportunity of working on public Spring of 1979. The board Review members of BPILP, said interest law projects this summer. consisted of two members of Law she was "uncomfortable" at Jane Crosby and Vivian Lazerson, Review, two members of SBA, having to pick the people for the worked at the Legal Services for and Allan Canfield, assistant dean program. Thirty two people initially applied for tin: two the Elderly Project of Erie County of studentaffairs. $3000 was raised through positions. They were required to (LSEP/EC). The placement of the women contributions from SBA and Law submit a resume, a list of their was an outgrowth and end Review members, allowing the grades, and/or a letter from the , product of the Buffalo Public two students $1,500 each for the dean certifying their good Interest Law Program (BPILP). ten week internship. It was academic standing. From this information, the The organization was established paramount to the BPILP board to fund public interest law that the interns be paid a BPILP screening committee, comprised of Ruth internships for law students respectable stipend. otherwise unable to undertake, LSEP/EC specializes in Kennedy-Daise, Howie Grossman, for financial reasons, this sort of providing legal services to the Tony Leavy, Arthur Hall, Allan elderly and handicapped. It was Canfield, Ann Pfeiffer, and Maria badly in need of competent help Colivetti, narrowed the original 32 that could pay their own way. In candidates down to 15. The 15 were then interviewed by the committee, which usually sat en-bane. Seven survived the interviews, and were sent to Larry Faulkner, director of LSEP/EC, who ultimately chose Crosby and Lazerson. Both women had been involved previously with similar community related projects, and had long been interested in public interest law. LSEP/EC operates out of a suite of offices at West Genesee and Main. Besides Faulkner, the organization employs several staff attorneys, paralegals, and case workers. After a brief orientation, Crosby and Lazerson received their own caseloads. Both women were happy at Public interest law interns Jane Crosby and Vivian Lazerson. LSEP/EC. Both interns spoke of activity. The SBA and Law Review, recognizing the scarcity of cont'd. on page 8 courtesy of The Spectrum John Schlegel Ronald F. Bunn Bunn Brought Into Grade Controversy by Edward M. Sinker The law faculty, in the four weeks following final exams, must give "highest priority" to their grading responsibilities. This was the essence of a letter dated April 26 from Ronald F. Bunn, vice-president of academic affairs to Dean Thomas E. Headrick. Bunn, acknowledging late grades have been a recurring problem throughout the university, said, "The reasons for the lateness suggest the need for more careful planning by faculty of their time and commitments so that highest priority, once the examination papers are in hand, can be given by faculty to their grading responsibilities." Bunn's letter to Headrick, copied and distributed to members of the law faculty, was written at the request of Headrick. Headrick's past practices have been to remind professors of their deadlines, to keep track of delinquent grades, and to obtain a firm date as to when grades will be available. "There is little more I can do," Headrick said, "so when Dr. Bunn contacted me, I suggested the letter." Tony Leavy, former SBA president, initially contacted Bunn's office "as a last resort." Leavy denied that his letter to Bunn was in any way a pressure tactic. "We didn't take any rash action. This was the end of a long process. On Nov. 13, 1978, a committee was created to speak with the Dean. On Nov. 30, SBA adopted a resolution to be presented at a faculty meeting. The faculty never accepted SBA's proposal to sit down and talk. Nothing seemed to be happening. There was little the Dean could do in the way of sanctions," Leavy said. Professor John Schlegel, in a memorandum dated Sept 4, 1979, vehemently expressed his opposition to what he termed Bunn's "rinky dink" proposals. Maintaining that "learning was more important than grading," Schlegel proposed "grading will be done as time permits but in no cont'd. on page 8 �Vol. 20, No. 2 - • • Opinion rk Sept. 27,1979 Editor-in-Chief Randi Chavis I Managing Editor Amy Jo Fricano / ( L.—».— x—*-) lyjyjin J\ n nn News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Paul Bumbalo, Carol Gardner, Mike Rosenthal. / Contributors: S. Beaty, Alan Beckoff, Tim Cashmore, John Dußert, Marc Ganz, John Gruber, Joe Peperone, R.W. Peters, Edward M. Sinker, Karen Spencer, G. Taylor. Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo -r r'- f 1 / ''T »■ —^x \ \ v^. Editorial Spring Elections Hurt Credibility Last week the Student Bar Association (SBA) held elections for President and first year directors. The zeal and enthusiasm with which the candidates approached the campaign was laudable. The number of candidates for first year director was double the number that ran last fall. Competition for the Presidency was invigorating as well. Maybe the selfish apathy of the seventies will metamorphose into a new-found activism of the eighties. We hope this activism will not fade away, that the candidates who were not elected and the people who supported them will not retreat. There are numerous other opportunities for those who wish to get involved. There is a need and a place for anyone whohas any desire to participate. However, as commendable as the substance of the election may have been, the scheduling ofSBA elections in general leaves much to be desired. Why did we just elect a new SBA president? As most of you are well aware, the current SBA president recently resigned. The fact is the last three SBA presidents elected in the spring all resigned. In addition, we have not had one president in the last five elected to, serve more than one-half a term of office. The root of the problem goes beyond the individual. It lies with the SBA as a whole for its policy of having presidential elections in the spring. Presidential elections, as well as elections for all other SBA positions, should be held in the fall. A person who runs for president during the middle of an academic year doesn't know what next year's commitments will be. People send out resumes at mid-year hoping to land part-time employment or compete for acceptance to one of the select law school organizations. In the fall, on the other hand, individuals can make plans for their upcoming academic year with a greater degree of certainty. SBA has chosen not to change their election procedure for three reasons. First, board members are afraid to pass on a budget in May without knowing if any of the directors are going to return to their positions in the fall. This rationale is unfounded in that the new board of directors can make any amendments in the budget they deem necessary. Secondly, the SBA is afraid there will be no one around to take care of SBA business during the summer. There are always a number of law students at school during the summer. The board could select a group of directors who would be staying in Buffalo to take care of any SBA business that arises. The third argument, that with the first and second year directors up for re-election, there would be no one left to put in charge of organizing the election in the fall, is unpersuasive. There is little potential for conflict of interest in having the outgoing directors run the election. The task of running an election is for the most part mechanical distributing petitions, checking signatures and organizing pollsitters. The term of the old board does not expire until the new board is elected. It would be incumbent upon the departing directors to carry out this final function. Thus the obstacles to fall elections seem far from insurmountable. Consistency is the cornerstone of a strong student government. It is needed to have credible input into the affairs of this law school. It seems hard to gain this respect and have the necessary input when our chief executive changes regularly at six month intervals. Our "consistency" and our "activism" must go hand in hand. Let us consistently be active together. X\\\ \ / ]( /v / //v I Y£a£ ] —.NA \r\G4t I \ / 6<OCiDCs \I/£i & ° /r^!n-\(P \\ // \ \ ' vi^L-— 1" Moot - 2 Opinion September 27,1979 W\\( f fAU W \AM £\£CT\D»Ei) •' SORRY! Correction: Last issue incorrectly indicated that Julie Rosenblum's name was Julie Rosenberg. Readers take note of Opinion article on Orientation. r �Moot Court - Problem To Be Distributed by Tim Cashmore The protfrem for the 1979 Charles S. Desmond Moot Court Competition will be distributed at 4:30 p.m. today in Room 112. The competition, which is open to all first- and second-year students, provides the basis for selection to the Moot Court Board. The Honorable " Charles S. Desmond, the former Chief Judge of the New York Court of Appeals for whom the competition is named, will speak on the art of oral advocacy at this afternoon's meeting. Judge Desmond, who is an alumnus of UB law school, will also act as presiding judge of the competition's final round on November 17. Joining Judge Desmond on the final panel will be Judge Matthew J. Jasen of the New York Court of Appeals, Judge Ellsworth Van Graafieland of the Second Circuit Court of Appeals, and Justices Michael F. Dillon and Richard D. Simons of the New York Supreme UB Alumnus Chairs Young Lawyers Section by Jon Dußert UB law school alumnus Michael Wolf is the new chairman of the Young Lawyers Section (YLS) of the New York State Bar Association (NYSBA). In an interview at his office in Buffalo's Ellicott Square, Wolf emphasized the practical benefits of YLS membership, which is automatic and free to NYSBA members age 36 and under. Wolf stressed the forthcoming "Practical Skills" programs. These will be held this fall in Western New York (in collaboration with NYSBA's Committee on Continuing Legal Education) at the Buffalo Convention Center and the Americana-Rochester. The first of these seminars, to be held bet. 30 through Nov. 1, 1979 will deal with probate procedure. This program will consider the administration of estates from the initial preparation of documents through - Court, Appellate Division. Competitors will have about five weeks after receiving the problem today to prepare a brief supporting either the petitioner or respondent in a fictional case before the Uryted States Supreme Court. Any student unable to attend today's meeting may pick up the problem in the Moot Court Office in the basement after the meeting. Briefs will be due November 2. Oral arguments will begin November 13, with all teams arguing at least three times that week. Semi-final rounds will be conducted on Friday, November 16. The November 17 final round will be followed by an awards WilliamKunstler spoke on organized revolution on September 14 the probate proceedings at time of death to the final distribution of assets, final orders, and fiduciary discharge. Testamentary trusts will be considered as a complement or alternative to the normal estate approach. by Marc Ganz The second seminar (Nov. 13 through 15) will cover New York William Kunstler, noted civil real estate practice. The property rights lawyer, preached organized transaction will be considered from formation of the purchase revolution Wednesday, Sept. 19 at agreement, through title search UB before about 100 persons. The and financing arrangements, to speaker, who defended the Chicago Seven and Wilmington the closing and recordings. Ten and is currently litigating, Wolf voted two other YLS native Americans' claims to lost projects. The "Bridging-the-Gap" lands, talked of organizing against series, expected to occur in the powers, the corporations, the Buffalo in August 1980, will give trans-national interests and "the Queen City bar admittees a powers that be." capsule course in Buffalo At a press conference courthouse procedures. A similar preceding his speech, Kunstler, program, conducted in job was "to encourage 60, said his Washington every two years, people who might plant the seeds guides new Buffalo attorneys people who want through admission to the U.S. of revolution overthrown." the government Supreme Court. He interwove the theme of organizing while discussing Palestinians ("They've been screwed"), anti-nuclear advocates, Kunstler Cries For Organization, Preaches Spread Of Rebellion "If "truth-in-testing" passed five years ago, 1 might have been in Law School now." Those are the words of an underemployed college graduate who received an LSAT score of 525. He was referring to New York State's new standardized testing disclosure legislation. Starting January 1, 1980 educational testing companies, such as the Educational Testing Service (ETS),. will have to make questions and answers available to students who request them, disclose all validity and cultural studies, and tell test takers what the standardized test will be used for and how the test will be reported to the graduate school. The prospective law student with a 525 score had reason to be sorry. Until the advent of truth-in-testing legislation, students had no way of telUng what the tests -were about, how they were being used- or if there were any valid correlations to achievements. The quoted student may have creativity or other talents the standardized test failed to register. The legislation will effect law schools' admission policies in the long run. Students and educational researchers will have Love Canal residents and law school reformers. When asked how UB law students could achieve change within the school, Kunstler replied, "It takes organization. More than that, if the law students want to get, as example, more third world students into school, they must overcome fear. The fear of the barassociation not letting you take the Bar exam or of the character and fitness committee flunking you." Kunstler denounced many leaders of the public interest movement. He said consumerist Ralph Nader and solar advocate Barry Commoner offer no real solutions, because they work withirf the framework of the present government. "That's why they get the grants," he added. He hit upon former Chicago Seven defendant Tom Hayden, — Truth-In-Testing Laws Forces Test Disclosures by Marc Ganz courtesy of The Spectrum banquet. Authority." CONFIDENT? YOU DET! more information to work with so that they can tell whether there is utility in taking a standardized test, as they are presently designed. Researchers will delve into the pertinent topics of racial bias and correlation with college grades. Truth-in-testing passed New York's legislature on the last night of the 1979 session. It was the only bill to pass the New York State Sehate containing a "no" vote from Majority leader Warren Anderson. A million dollar campaign was waged against the bill by ETS and the College Entrance Examination Board. They contacted every college president and every high school principal, urging them to communicate opposition to the bill to Governor Hugh Carey. The Medical and Dental Society has threatened not to give their entrance exam in New York unless the law is repealed. Presently there is a national truth-in-testing bill, designed to prevent harm to students in states which have passed testing legislation. Congressman Ted Weiss observed, "the testers could not pull out of the entire country; they would have to comply or go out of business." now heading the socialist inspired Campaign for Economic Democracy. Kunstler said Hayden's connection with Jerry Brown hurt his cause. He also mentioned he thought Hayden's approach was too soft. There is a sense of opportunism involved, also, Kunstler said. Governor Brown was Kunstler's law clerk in 1963. Kunstler preached the spread of rebellion, while talking of the injustices of the past brought upon the American natives and deceased actress jean Seberg. He sees Love Canal, West Valley, Indian Point and Palestine as areas where people ought to organize for change. "Rebelliousness keeps the leaders in line," Kunstler said. The audience seemed inspired by Kunstler's talk. As one viewer afterward said, "Question The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we know we are goingto have even more successful programs for our 1980 courses, Joe Marino. Mike Josephson and a group of hand-picked lecturers are ready to give you the best preparation available for the New York Bar Exam the most intensive and valuable practice on the integrated New York essays and the most insightful and helpfulapproach to the Multistate objectivequestions. If you can decide to join us before November 1, you can save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you will: - '■'■.:.4 2 Save $110 on the course price. Save an additional $80 by getting our exclusive Programmed Learning System supplement at no charge. OSave an additional $40 by getting our exclusive Multistate Clinic at no charge. > 4 5 Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no cr *ae. Obtain a set of New York and Multistate outlines for use in school or for an early start (minimum $150 deposit required). Course Price until -MM: $025 Marino-josephson BRC 71 ■nOADWAY.ITih FLOOR.NEW YORK.NY 10006. 117/344«t» * SUNY/BUFFALO Ann Bermingham Patrick Curran Marino lui»»t fnnr FtapmmialMi 11 vout Cathy Kaman Jerry McGrier ichout Leonard Kirsch Carol Maue Philip Mclntyre James Ryan Dwieht Wells Mark Grossman September 27,1979 Opinion 3 �Legal Assistance Program Offers Varied Opportunities by Some of the best kept secrets the University of Buffalo School of Law revolve around the 81 credit hours required for graduation. For instance, the administration does not come right out and say that a student can graduate in 2'A years by taking 15 credits for two semesters (other than first semester freshman year) and by taking two courses during each of the two summer sessions. Nor do they make you aware that several of the course offerings in the third year carry four credit hours (remember first semester, first year, when everything but civil procedure was four credits). It would be beneficial to know these facts when choosing courses for thesecond year. New York Practice and Trial Technique are two four credit courses that are open to the entire senior class. Another four credit course that cannot accommodate as many students is know as the "Clinic." The "Clinic," known to the community outside the law school as the Legal Assistance Program, is a law office composed of third year law students. The Students are assigned to a specialized component for the semester they work in the clinic. Among the components offered are criminal law, family law, education law, welfare and habeaus corpus. The "Clinic" offers the student the opportunity to obtain his or her baptism of fire early in one's career. This baptism can take at BUTTNOSE 4 student had better be prepared. tense courtroom drama can even This is especially true in City give rise to laughter. On the Court where matters move along lighter side, only in the clinic so quickly that there is no time could you hear about people calling the police on themselves; for consultation. Whether the student looks could you find a person charged upon himself as prosecution or with violation of a city ordinance jurisdiction, appear in family defense oriented the experience is being interrogated by the F.8.1, court, appear in city court or invaluable because the student and could you find a person argue before an administrative will be able to make an educated (admittedly in need of counseling) choice as to whether this is really charged with the violation of a agency. For any student toying with the type of law one wishes to city ordinance, attempting to plead guilty to manslaughter. the idea of entering the field of practice. After some reflection some Not to be overlooked is the criminal law, the criminal the clinic should be of component a must. The clinic offers a taste of Law the entire criminal justice system. Preconceived notions will probably fall by the wayside after one experiences the courtroom Sunday, Sept. 30, work group. The experience of $5M practicing in City Court will offer Course a new perspective on the system, a perspective that may leave one wondering whether it is the law or Entry Blanks available at Admissions & Records the procedure that is more window. Entries close Friday, Sept. 28 at 4 p.m. important. The student will have to deal with personal and ethical considerations that revolve around the primary method of disposing of matters, that is, plea bargaining. The opportunity to actually practice criminal law is an experience that everyone in the component shares. Few students will have graduated from law school having already conducted a ■ misdemeanor trial or a felony preliminary hearing. There is no pretense in roles here, from the arraignment to the final disposition the student is the Musicians Needed. lawyer. The supervising attorney is there for consultation before Please see Cindy Halm, Room 312. and after, but once that case is called before the judge the in any one of several forums, depending upon the component the student is in. The opportunity is available for students to argue habeaus corpus petitions in federal court, appear before state courts of general place John Gruber COMUbHrg) 11*) By CAtAPOS Censes Opinion September 27,1979 Second Annual pure excitement of the clinical experience, one's first courtroom appearance and the opportunity to defend real people instead of law school hypothetical really gets the adrenaline flowing. Just one other thing, those four credit hours can be translated into work, work, work. Not only is much more than classroom time involved but you'll also be known to miss a few classroom hours in other courses. School Golf Tourney 1979 Audobon Golf Dean's Dash i Friday, Oct. 5 I j 3 PM j Drinks - - Third Floor j Snacks Music \ For Sale: Two 50% American Airlines discount coupons. Call 655-1735 after 5 p.m. All students interested in taking a one-credit Ethics course, please sign the yellow sheet on the bulletin board in the mailroom. This is your last chance! Resumes, papers, TYPING cover letters available at — — reasonable rates — check with secretaries in Room 419 or 523. Phone: 636-2080. I'm interested in buying or renting Ist year hornbooks. Specifically Prosser for Torts and Emmanuel for Civ. Pro. Please call Julie, 691-9345 or mail box 250. For Sale: mattress and box springs in good condition. Price negotiable. Call Carol at 836-3052 after 5 p.m. or leave a note in Mailbox-654. BY KELLY& LEVINE �off co correor c ' September 27,1979 C19798AR/BHI Opinion 5 �Culinary Counsel Food For Thought: Librarians Catalog Recipes with Cucumber gravy depends on the success of this crucial first step. Add boiling water to cover the meat and 1 Ib. can salmon, drained and simmer slowly for about two hours. The pot should have a flaked tightfitting lid. The Rouladen 1/2 mayonnaise should be very tender without 1 can cream of celery soup 1 egg, beaten falling apart. Remove the Rouladen to a hot 1 c. dry bread crumbs platter and thicken the gravy by 1/2c. chopped onion adding a flour and water mixture. 1/4 c. chopped green pepper Season to taste and allow to 1 tbsp. lemon juice simmer for at least 10 minutes. 1 tsp. salt The Rouladen may be returned to Combine everything and pour into the gravy to keep them hot and greased loaf pan. Bake 1 hour at moist. Add sauteed mushrooms if 350. Serve with cucumber sauce: desired. Mix 1/4 mayonnaise, 1/2 c. sour Serve with mashed potatoes or cream, and 1/4 c. chopped German type potato dumplings. cucumber. Anna Marie Gilaniprocesses all Marcia Zubrow helps us all find the orders for books, periodicals, our way around as the head of looseleafs, audiovisual materials reference. Expecting their second and microforms in the child in November, the Zubrows Acquisitions Department. She is love foreign food. Straight from where it all starts and provides us their years in the Southwest with a variation of a favorite appetizer. The secret is in the comes: seasoning! Chile Rellenos Stuffed Mushrooms 3 extra large eggs, separated 10 large mushrooms, stems 1/4 tsp. cream of tartar chopped 4 canned whole green chiles 1 small onion, chopped (not jalapeno) 3 strips green pepper, chopped Use fresh, if available, and 1 stalk celery, chopped toast them to peel off the skins. 1/4 c. Monterey Jack cheese, cut into 4 pieces, 1" x 1" x 4" 1 tbsp. flour salt and pepper to taste 1 tbsp. butter grated cheddar cheese Salmon Loaf Sauce c. I by Karen Spencer For this issue (and the next, due to an overwhelming response) I turned to my colleagues in the library. We are forever exchanging recipes and looking for excuses to have a party: birthdays, un-birthdays, end of term, beginning of term, new staff, departing staff, babies, ad infinitum. At the drop of a hat, we will gather to feast! Included here will be something for everyone ethnic dishes, main dishes, veggies, desserts and for the real sweet-toothed, a chocolate candy. In the interest of space, the sweet things will appear next issue. Hope you enjoy them and will get to know us a little better as a result. — I 1 Doris Williams pays our bills in the Acquisitions Department. She is a non-measuring cook, "Just add some until it looks good!", and offers us her: Chicken Zuchinni a la Doris 1 frying chicken, cut up Sliced onion, green pepper, zuchinni Cherry tomatoes, halved Salt, pepper, flour, sugar, and basil Saute onions, green pepper in a large frying pan. Remove. Flour and season chicken and brown in pan. Add onions, peppers zuchinni, and tomatoes, 1 tsp. of sugar and a lot of basil. Simmer 20 minutes or until chicken is tender. Rubin Bandel is our foreign law specialist and also keeps the Faculty Library in order. From Rumania he brings us his recipe for Remove seeds from green chiles but keep chiles as whole as possible. Stuff each chile with a piece of cheese. Set to one side. Sprinkle cream of tartar over egg whites and beat until stiff. Fold yolks, flour, salt and,pepper into egg whites. Melt butter in large frying pan. Add 1/2 the egg mixture in four separate spots, shaping to the size of the stuffed chile. Place chile on top of egg mixture and then cover each chile with remaining eggmixture. Cook over medium heat until bottom layer is lightly browned and turn over carefully to brown second side. Remove to serving dishes, sprinkle with cheddar cheese, melt under broiler and serve. Annegret Richards manages the enormous task of ordering, record keeping, and balancing our Stuffed Grape Leaves budget, and acquisitions and Immerse grape leaves in boiling serials librarian. From her German water for two minutes. Make a background comes a recipe for: stuffing of ground beef sauteed with salt and pepper and a little GermanRouladen cooked rice. Place a spoonful of stuffing at the base of the leaf, Ask a reputable butcher for turn in the sides and roll up. Place Rouladen. They are cut very thin them in a pan with a little hot oil, from the top round of beef and add water and simmer for about then pounded even thinner. You 20-25 minutes. In the last few need one large slice per serving. minutes, add 1-2 tablespoons of (Lewis Meats at Evans Super tomato sauce. The juice should Duper does it well.) Season with then be sweet and sour. If not, salt and pepper. Fill each with a add a little lemon juice and sugar strip of raw bacon, cut into small to taste. Serve them with a little pieces and a tablespoon of sour cream. chopped onion. You may also spread beef with mustard and add Mabel jepson administers one some dill pickle. Roll and tie them half of the library as head of up tightly with thread. This step is technical services. Although she is important so they don't fall apart. favored for her baked goods and Heat a little oil in a Dutch oven her thoughtfulness, her Salmon and brown the Rouladen thoroughly. The flavor of the Loaf looks just as good! Opinion September 27,1979 6 Chop mushroom stems. Melt 3 tbsp. butter in frying pan. Add 1 tsp. salt, 1/2 to 1 tsp. cumin, 1/2 tsp. cayenne pepper. Cook 1 minute, add chopped vegetables and quickly stir fry over high heat. Stuff mushroom caps and bake at 350 for 20 minutes. Kathy Carrick as assistant director sees to it that we are all doing our jobs and that we are all happy. If you have a complaint or compliment, take it to her. Her salad recipe below is indicative of her healthy diet! / Pickled Carrot Salad 1 Ib. carrots, cut into strips 1 Ig. onion, cut in rings 1 Ig. green pepper, cut in rings 1 Ib. mushrooms, sliced , 1 head cauliflower, in pieces keep for three weeks. Linda Cohen is the head of cataloging and sees to it that our books are arranged in a logical order. Linda has been with us a long time -and as a recent graduate of this law school has appropriately offered us her minutes, drain. Mix remaining over squash. Top with Buttered crumbs. Bake 25 minutes at 350. Ba Ba Ghanouj ingredients and pour Here's a simple little appetizer from Opinion writer R.W. Peters to whip up for your next soiree. It's fairly simple to make, and is a Watergate Salad great favorite of hungry gourmands. I'm pretty sure the 1 large can crushed pineapple compote has some minimal 1 pkg. instant pistachio nutrjtional value as well. pudding 1 can fruit cocktail, drained 1 c. mini-marshmallows 1 mcd. Cool-Whip Mix pudding into pineapple. Add fruit cocktail and marshmallows. Add Cool-Whip. Mix and refrigerate. Shirley Choises has been with the law school since it was downtown. As a member of our circulation staff, she tends the Reserve Collection and records statistics. Someone who enjoys good food, she brings us her delicious Potato Cheese Pie 3 eggs 1 tsp. salt 1/2 tsp. rosemary or nutmeg One medium to large ripe eggplant Sesame butter (tahini) One clove garlic, or garlic powder one halflemon dash salt dash paprika dash pepper Put eggplant in oven, at 400. Let bake for about 40 minutes, or until soft. It is sometimes advisable to sit eggplant in a shallow pan of water while in oven. Prick eggplant with, knife, lest it explode. When eggplant is suitably mushy, take out, cut in half, and scrape out contents. Discard skin, unless you can find something to do with it. In mixing bowl, add mashed garlic clove, three tablespoons of tahini, and salt and pepper to eggplant. 1 c. milk 1 c. half and half Mix well, Add squeeze of lemon. 4 mcd. potatoes, peeled and Spoon into serving dish, sprinkle shredded coarsely with paprika, and chill for 30-40 1/4 tsp. pepper 1/2 c. sliced green onions including the tops 1 c. grated sharp cheese Beat until blended eggs and seasonings. Stir in remaining ingredients. Bake in a greased 8" square pan at 400 for 35 or 40 minutes. Serve hot or cold. minutes. Serve with crackers, middle-eastern "Pita" bread, or with assorted "dipping" vegetables. Antidote in next issue of Opinion. The sweetest is yet to come! Watch for the next issue of Culinary Counsel. loan Holmden supervises the use of our computer terminal in Restaurant of the Bi-Week cataloging, OCLC and maintains the card catalog. An avid Ming Teh's gardener, she is forever in need of 126 Niagara Blvd. new vegetable recipes Fort Erie, Ontario . Summer Squash Supreme Sauce: Combine 1 can tomato 6 c. squash, cubed soup, 3/4 c. vinegar, 3/4 c. oil, 1 1 /4 c. diced onion c. sugar, 1 tb. salt, 1/2 tsp? 1 can creamed soup pepper, 1/2 tsp. dry mustard. 1 c. sour cream Steam carrots and cauliflower 1 c. grated Carrot until just tender. Pour sauce over salt~and pepper all vegetables in a large bowl. Toss and refrigerate overnight. This will Cook squash and onions five Just across the Peace Bridge is the greatest Chinese Restaurant this side of San Francisco's and .New York's Chinatowns. Small 'and personal. The chef is the owner and his wife the manager. A Ittle expensive but worth every penny. Szetchuan food. Chinese cooking as a work of art! Open every day of the week. �Pep Talk Was Tight-Wad WiUon Cause ofBills' Downfall? - by JoePeperone This is a story of pain, frustration and heartache. Broken promises and unfulfilled dreams. Money and incentive. The Buffalo Bills. I've grown up with the Bills, For ten of the last twelve seasons, I've suffered with the Bills almost every Sunday afternoon, as have so many other people in this town. We go to the games, cheer, cry, get angry, or just sit in front of the television and do the same. But things don't seem to get better. Perhaps this year will be different. I think the team will be 7-9 this season. Perhaps the Bills will even be good by next year. They just might. Perhaps the Bills will be a force to reckon with in the 80's, a well-oiled, constant winning machine. I doubt it and most of the fans who have followed the.team over the years agree. They've seen this scenario of events before. In the mid 70's a playoff team, a powerful winning team, playing before a sellout crowd of 80,000 every game, on the verge of a dynasty. And two years later seeing the team only win two games out offourteen. The Bills have a reasonably good team this year, and it will get better. But the fact they probably won't stay good is (although I'm biased) a tragedy, and an example of what is wrong with sports in this country. Professional sports in the United States is big business. Most observers of the sports scene realize this and accept it. Basic economics: businesses exist to make products and eventually profits. If a company makes a good product, people will generally buy it and the company will realize a profit. If that same company makes a bad product, which doesn't satisfy the public, they will suffer a loss. And if a company has an inferior product and wants to make a profit on it, make it better, the company will invest in improvements. What does that have to do with football and the Buffalo Bills? It is relevant because of the fact professional football, though a business, is immune to these business "laws." Due to the public's insatiable demand for televised football games and the three networks' cognizance of that fact before the first block is thrown for this season, each National Football League (NFL) owner will receive in excess of five million dollars from the networks for the right to televise NFL games. It can safely be said from what statistics are available, no NFL team has a total payroll of more than that figure. The result is, no NFL team is capable of losing — - money even if they played all their games in front of 80,000 empty seats! Thus, if you're guaranteed a profit year after year, why invest extra money you may not get back? This is the situation with the Bills and their owner, Ralph Wilson. The Bills were conceivably on the verge of a dynasty in 1974. They had been to the playoffs, led the NFL in attendance for two straight years and had the youngest team in football. People who knew-the game predicted the team was only one or two players away from being a Super Bowl contender. The Bills sold out every ticket for every game. Wilson was getting maximum return on his investment. Contracts were coming up for renewal, contracts of quality players who had done a quality job. Free agents from other teams, starting, all-pro' players, were looking to Buffalo as the place to Record Rack play, because the team seemed to be on the rise, but they wanted money commensurate with their abilities. Wilson finally made his decision on all these contracts - no. No to Ted Hendricks, an all-pro linebacker who could have shored up a vital area in the defense. Wilson refused Coach Lou Saban's pleas to sign Hendricks. «. No to Ahmad Rashad, one of the best receivers in the league who was playing out his option. It was a quick journey back to the bottom. After a fast start in 1975, the team finished 4-6 and missed the playoffs. O.J. asked to be traded, and Saban quit five games into the next season. So now we're in the Chuck Knox era the rejuvenation of. the Bills. Wilson has vowed he will help the team rise to the Super Bowl. The team drafts the top college player in the country — — linebacker Tom Cousineau. The Bills pumped him up, told him he was our salvation, and then watched helplessly as he signed to play in the Canadian Football League. Wilson said Cousineau was offered the biggest rookie contract ever. Cousineau disagreed. More dreams shattered, more jokes heaped upon the city. Wilson will probably never put up the money to guarantee quality players to the Bills. Curtis Brown, Roland Hooks, Fred they will get better, Smerlas perhaps great. The team will start winning consistently again, the fans will fill up the stadium again. But until Wilson learns his lesson and realizes you have to spend money to make money, despite his guaranteed profit, the Bills will never be a power in the NFL. Here are the answers to last week's quiz, you cowards (no correct answers). . — 1) David Thomas 2) Memphis 3) 10 4) Jim Thorpe (the team was made up of American Indians) 5)1967 6) Phil Esposito 7) Plasse, a goalie, scored a goal. 8) Most fumbles in one game 7 9) In May 1894, John McGraw, playing for the Baltimore Orioles, got into a fist fight with a Boston' first baseman. Soon, both teams were fighting, and the battle spread to the stands, which were set on fire. The entire ballpark burned to the ground along with 170 other Boston buildings. The memories of that incident were so bitter that when the N.Y. Giants, with McGraw managing, won the National League title in 1904, McGraw refused to play in the World Series against the Boston Braves of the American League. 10) Philip Cavaretta, Chicago NL 1934-53;Chicago AL*54-55. - Bee Gees Concert Spans Generation Gap by Mike Rosenthal The Bee Gees came to Buffalo for the first time on Friday, September 14. The show at the Memorial Auditorium included selections from every period of their history. The Bee Gees have been around for a long time, and if Friday night was any indication of the future, they will be entertaining for a long time to come. It has been sixteen years since phase one of the Bee Gees' career began. This phase, confined to the continent of Australia, saw their first official release, "Three Kisses Of Love," go top twenty. By 1966 several subsequent releases established them as the top band in Australia. 1967 was the year in which two began. Signed for international release, the group again was successful. The American audience reacted very favorably to the band, and their first single, "New York Mining Disaster 1941," is still considered to be, by many, the quintessential Bee Gees song. The work of the Bee Gees during phase two highlighted the vocals of Robin Gibb, and the harmony of the brothers. One of the most notable exceptions, however, is the song which became the biggest seller of this phase, "Words." This cut emphasized Barry's vocals and downplayed the usual harmony. Phase two ended with Robin's decision to pursue a solo career in early 1969. phase then, slowly, by the end of 1972, fizzle out again. Currently the Bee Gees are riding the crest of phase five. In 1975 with "Jive Talking," the group incorporated rhythm and blues, as well as disco, into their familiar style,* and produced another distinctive sound. For the first time, this phase saw their albums begin to sell better than their singles. However, their success with singles has continued; their last six consecutive singles have hit number one, something only one other group, The Beatles, has ever done. This period has also seen them develop a reputation as major songwriters, having penned hits for Olivia Newton-John, Frankie Valli, Andy Gibb, Samantha Sang and several others. The audience on Friday at the Aud accurately reflected the diversity of the following the group now has. There were people who had become fans during all of (heir major phases, parents of some of those who recently became fans, and several people curious to see and become part of a truly major concert tour. The Bee Gees disappointed no one except those expecting to see a slipshod performance. The instruments were, in volume and execution, evidence of the perfectionism for which the brothers have long been famous. The special effects were fun and added much to the atmosphere, but as they should, always played second fiddle to the music. Most important, the brothers seemed to love performing, a pleasant change from the majority of rock artists. ■The program was full of songs from every major phase of their career, with no single phase really being dominant. The group opened with "Tragedy," replacing the thunderclaps of the record with explosions of light and sound. "Edge Of The Universe" followed, accompanied by the use of a rainbow laser and stars circling around the arena to make for a very appropriate atmosphere. An addition of a horn section in "Stayin' Alive" breathed new life into a very overplayed song. •* The rest of the show included "New York Mining Disaster 1941," "Run To Me," "Too Much Heaven" (reset into a sound much like that of their second phase), "Holiday," "I Can't See Nobody," "Lonely Days," "I Started A Joke," "Massa- chusetts," "How Can You Mend A Broken Heart," "Nights On Broadway," "To Love Somebody," "Words," "Wind Of Change," and "Jive Talking." The encore was a spirited version of "You Should Be Dancing." Conspicuous in their absence were such hits as "How Deep Is Your Love," "Gotta Get A Message To You," "Fanny (Be Tender With My Love)," and their current single "Love You Inside Out." However, the professionalism, enthusiasm (of both the audience and the group), and the diversity of the program presented more than made up for the omissions. The musicians were all excellent and two must be singled out for their outstanding work. Blue Weaver on keyboards and Joe Lala, who had a field day on percussion, made it a night to remember. The Bee Gees are survivors. Their concert showed they intend to survive, to grow, and overall, to turn out music that will be loved by more generations of fans than any act, other than the Beatles, can hope to reach. Phase three was an intermediate phase in which Robin's solo career began with a well received single, "Saved By The Bell," and then fizzled. His brothers released one unsuccessful single. Phase four began very strongly in late 1970 with "Lonely Days," saw them achieve their, first number one single, "How Can You Mend A Broken Heart?," and The Bee Geesput on an inspiring performance at the Aud. on Friday, September 14. September 27, 1979 Opinion 7 �Bunn Expects Grading To Have Highest Priority cont'd. from page 1 event will it be delayed A) beyond the termination of the following semester or B) so as to impair a student's ability to graduate." The law school's present policy requires grades be reported within four weeks from examinations. "Grades should not be a concern," Schlegel said during a telephone interview. "Virtually no one flunks out of this place. Professional schools must build professional self-confidence." Schlegel emphasized he was not insensitive to first-year students' anxieties over early grades, but exclaimed, "My students are better than their own insecurities make them out to be. They do not see themselves as . deductible from the delinquent professor's paycheck. "It's probably not legal and, in any event, not worth the time of implementation," Headrick said in response to the idea. Professor William Greiner said students would have to make a choice between promptly graded exams or better course quality for the subsequent semester. Assistant Dean for Student Affairs, Allan Canfield said, "Pressure tactics by students worsen the situation. Cool it! A more reasonable middle ground should be sought." Professor Wade Newhouse said, "The present standard is more than reasonable. There are no acceptable reasons for extending it." On the lighter side, Professor Fred Konefsky said, "Don't bother me. I'm old and tired. Regardless of what I think of being taught in this field, and Bunn's letter, I don't think I will little if any mention of the subject support Schlegel's proposal. is made in classes. The two However, Konefsky quickly concurred in their belief that the added, "I still love Schlegel very American Bar Association (ABA) much!" Several professors, who wish to should encourage, throughout the legal profession, a commitment to remain anonymous, expressed -public interest law. They feel the contempt for Bunn's "meddling in ABA should assume some of the the affairs of the law school." One responsibilities for funding the professor argued Headrick could not handle the matter himself work. because he was the biggest Kennedy-Daise was pleased the first internship went as well as it did. The organization would like to increase the number of internships and'the variety of by S. Bcaty programs, she said. BPILP is and G. Taylor currently in the process of incorporating, which will enable it In order to affirm and to solicit funds on the open completely establish my market, and possibly make it independence I bade Mom and goodbye more attractive to those wishing Dad a brief but tearful the last of my to donate. Kennedy-Daise and took memorabilia home. prepubescent perceives the public interest law Every twenty-seven year old law programs as having a three-fold student, I reasoned, is mature, purpose: helping the community, responsible and capable of living helping the participating students, alone without benefit of Mom, and improving the law school's Dad, husband or the like. Single, reputation. She hopes to see independent and about to embark BPILP become a well-established on the proverbial quest for ongoing, and viable organization, knowledge. Thinking I had scored a mental with an elected board, and adequate funding for public coup, I dashed over to Coles for a couple of quick jolts and settled interest law. back on my favorite stool (insiders realize I rarely indulge in anything stronger than Diet Pepsi) and awaited the kickoff. As usual, in a maudlin moment of feckless felicitation I had given my tickets away. Thus it was my sorry fate to watch our heros taking their trim figure. weekly lumps while I sat propped In these days of presenting our on soggy elbows, listening to fictional heroes "warts and all" fifteen drunken Irishmen telling (e.g., Supermani), how could it me "what I would do if I were in hurt to show that masked man in there." his later years? When John Wayne, So, .here I sit.. .trying to a real fictional hero, was no longer surmise where all that maturity a spring chicken he managed to and pseudo-intellectuality that I portray a convincing heroic assumed was inherent in figure: witness Rooster Cogburn acceptance to law school is. God knows, the last three construction in True Grit. workers I told., were are If anyone should sue for unquestionably impressed. Soseem my parents. Dad and Mom breach of image, it is the native confident I have acquired a thirst Americans for having to put up for academia which will equal if with Ton to. not surpass my notorious lust for life. Mom has a "Paper Chase" A California court granted a image of UB which frankly, I'm in temporary injunction last month no hurry to dispel. She regards me enjoining Moore from wearing his as safe in the womb of black mask. But rather than riding almost-eastern middle class off into the sunset, Moore has Americana (surrounded by taken to wearing large sunglasses. preppies and high achievers). It's I, who attend this As Roy Rogers might say, amazing licentious hotbed, have such a "There's more than one way to different point of view. skin a cat." Admittedly, I enjoy the whole good as they are and that lack of he says. His proposal would self-image and confidence is preclude the law school from infuriating!" dropping anybody for academic Schlegel's lax grading proposal, reasons until one-halfof their way not coincidentally coming at a through law school," Headrick time when Bunn expressed a said. stronger stand, elicited much Asked how he felt about the response from faculty and current four-week deadline, students. Headrick replied, "It is difficult Bunn maintained Schlegel for certain professors, but not "misreads the point. A leisurely impossible for anybody. The approach to complete grading important thing is for students to within four weeks doesn't know when they can expect their interfere with learning." grades." Headrick said Bunn was' Faculty response to Schlegel's "amused" by Schlegel's proposal. proposal ranged from Al Kat/' Headrick would not characterize apathetic, "No comment...! don't Schlegel's proposal as vindicitive, care" to Barry Boyer's interest in but neither is it feasible, he said. a penalty scheme presently in "Schtegel's proposal was not effect in Michigan. The system workable. He doesn't mean what would assess a pecuniary penalty Public Interest Interns Aid Elderly cont'd. from page 1 the experience as a boost to their by senior welfare officials towards already strong commitment to the aged. The women came away public interest law. from this summer's experience "From the beginning, LSEP was very receptive to the presence of Vivian and myself. We were included in all staff meetings, office atmosphere was cooperative," Crosby said. The staff "sought to accomodate the law students, to enrich our understanding of the areas in which we were working, and to give us the feedback and guidance which law students so greatly need," Lazerson said. Lazerson defined her duties as being in two distinct categories intake/direct advocacy work, and research/drafting/writing work. Both were pleased to find themselves dealing directly with clients. "One of the most rewarding aspects of working for LSEP was personally handling cases. The internship was unique in this regard, since most firms do not permit students to handle cases," Crosby said. Both interns told stories about the local welfare bureaucracy and its treatment of the elderly. There were tales of dissimulation and obstruction, of the elderly and the infirm waiting for hours on long lines, of rude and callous behavior — with the conviction that many more excesses are continuing unchecked. Victimization of the elderly and infirm is a thriving business in Buffalo, they said. Both Crosby and Lazerson agree more programs must be instituted to check this disturbing state of affairs. The two became familiar with the entire spectrum of local, state, and federal welfare programs. They dealt with problems relating to Supplemental Security Income, Social Security, Food Stamps, Medicare, Medicaid, and Emergency Assistance. Both women did legal research during the ten week period. Lazerson was involved in writing of affadavits, and responding to a plaintiff's complaint. Although supervised by senior paralegals, the two said they were allowed a great deal of independence in their approach to problems. Both women have been asked to continue working through this fall. The interns would like to see a greater involvment of the law school in public interest law. They said at present, no courses are Lone Ranger Rides Into Sunset by Alan Beckoff Last year a San Francisco accountant sued a woman for breach of an oral agreement after she stood him up. His claim for damages included the value of his services (that is, income he lost because of time spent driving to and from San Jose), the cost of his gas, and the price of the non-refundable theater tickets. The judge told the plaintiff it was better to have loved and lost than not at all, and dismissed the action. It is lawsuits such as this one that are making the United States an extremely litigious nation and bringing lawyers into well deserved ill repute. This is a one-man crusade to expose the follies of the legal world. Any infliction of emotional distress is purely intentional (so sue me!). 8 Clayton Moore, who portrayed the Lone Ranger in films and on television almost 30 years ago, had been making a living lately by showing up at conventions and fairs in his full Kimosabe regalia. But a corporation with plans for a new feature film maintained it had exclusive rights to the Lone Ranger character and brought suit against Moore to prohibit him from making his public appearances. It claimed that Moore, who is now over 60, was tarnishing the image upon which its future profits are based. It is not necessary here to get into the technicalities of copyright law. The real issue is age discrimination against heroes. Moore insists he has kept himself in good physical condition (a fact attested to by news photos) while the plaintiff's lawyers argue some vague notion about the Lone Ranger having to be a young and Opinion September 27, 1979 violator of the present four-week deadline. Student response varied, but was no less colorful. Second year student Doug Wassar said, "If learning is more important than grading, as Schlegel maintains, then the school should abolish grading!" "As long as professors' incomes come from the school to teach students," third year student Lewis Steele said, "students must be given priority. The lateness in which a professor turns in bis grades is indicative of his priority of preference." "I'm not sure what the purpose of Schlegel's proposal is," said Leavy, "but prolonged grade-reporting creates hassles not only for the students but for the Admissions and Records Office as well." Third year student Shelly Cohen said he thought it was "unprofessional the way some professors carry on. They should prepare for their responsibilities as they expect us to be prepared." Bunn admitted he did not know whether or not his proposal had been implemented. When asked what steps he would take if the law faculty disregarded his letter, Bunn said, "Dean Headrick and I would. review pretty carefully other alternatives." Apron Strings Are Cut experience tremendously. I almost revel in the confusion. I must have, the hang of it as I become panic stricken at the thought of total comprehension. I love parading around the library holding obscure volumes while looking intelligently perplexed. In spite of all this, however, there were some things the orientation committee somehow neglected to mention: In regard to the impression that everyone (except me) would be able to converse fluently in high Latin legal lingo by the second week: this is true. However, don't lose your grasp of the mother tongue; most communications will be in English (or a reasonable facsimilie as in the case of Section three). Ignore the rumors: Katz isn't over 40 and no longer subscribes to Gentlemen's Quarterly: Hyman does not converse solely in Latin nor will he devote the entire fall semester strictly to Vosburg v. Putney; a double dose ofSchlegel is not lethal (possibly stupifying but not lethal) and his socks have been known to match on occasion. If you feel totally inept or were never the type to make an impression sit in the front row. Rumor has it professors really can't see below row three and if by fluke they can, you're so low it is impossible to look at them without your neck craning in that adoring "I look up to you" posture. (It has to provide a well deserved psychological boost.) Finally, spend a few hours practicing in front of the mirror. Attempt to master that quizzical "on the verge of total comprehension" look. It is far superior to a straight face or look of concentration in that one appears to know enough to ask questions and mentally wrestle with big issues. Never nod approvingly as if you're on top of it most likely you aren't and you'll alienate classmates. — — - — — - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-09-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/27/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/211e436693d50fda115be677f3a95cca.pdf 714a0ab1e46310789aab1bca20906202 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 3 Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 October 11,1979 State University of New York at Buffalo School of Law Niagara Falls "Canal People" Still Adrift In Red Tape Sea by Amy Jo Fricano NIAGARA FALLS - First impressions are often deceiving. The current situation at the Love Canal illustrates that point quite dramatically. For the most part, the shattered neighborhood surrounding the old chemical waste landfill is quiet. "I'ho brigades of health officials, environmental experts and national newsmen that descended on the suburb last August are gone. All that breaks the early afternoon! stillness is the intermittent low rumble of heavy machinery echoing off the rows of abandoned houses along 97th and 99th Streets. The State Department of Environmental Conservation (DEC) is finishing its remedial construction on the central and northern sectors of the 16-acre canal bed. The southern sector was completed last spring. DEC spokesmen say the remaining remedial work should be completed by mid-October. When the construction is finished and the clay cap covering the canal is installed, DEC officials, as well as those from other state agencies, believe the 500 families still living in suspected areas of contamination will return home and resume life where it left offbefore the 21,500 $ons of nearby chemical horror captured national attention. The residents, however, believe otherwise. Represented by Buffalo attorney Richard Lippes, a number of residents have filed ■more than four billion dollars, in law suits against the City of" Niagara Falls, the city's Board of Education, Niagara County and Hooker Chemical and Plastics Corp., the multi-billion dollar corporation that used the canal as a disposal area for chemical wastes until 1952. There also has been talk among members of the various, homeowners organizations of legal action against the state and its myriad regulatory agencies, as well as the federal government. Many residents also talk of never returning to their l\pmes. At present, some 80 to 90 families are living in six local hotels at state taxpayers' expense. They have evacuated their neighborhood, complaining that fumes emanating from the canal remedial work have caused acute illnesses in some family members. The evacuations are part of the state's safety plan, yet residents must receive weekly recertification of the illnesses if they wish to stay from their homes. Nicknaming themselves the "Canal People", they say they have become refugees within their own country. They are pushing for permanent relocation from the area. Luminaries such as Acclaimed Filmmaker Is Mitchell Lecturer Filmmaker Marcel Ophuls has been chosen as this year's Mitchell Lecturer. He will present a four day series of programs on Tuesday, October 23 through Friday, October 26. During his stay in Buffalo, Ophuls .will show his films, participate in panel discussions and lecture in classes. The relationships between law and social justice will be explored throughout the series Ophuls has been acclaimed by The New York Times, CBS, and The Washington Post, for his innovative and trend-setting work in film documentaries. His "The Sorrow and Pity" was nominated for an Oscar in 1972. The quest for human justice and dignity , is a prominent theme in Ophuls "Memory of Justice" and in 'The Sorrow and Pity." Ophuls has worked with a number of outstanding producers such as John Huston, Anatole Litnak, Marcel Truffaut, and Jean Paul Belmondo. His most current work has been with the British Television Network. \\e has also worked with the British Broadcasting Network, Polytel International and with ORTF, the French Television Network. actress-activist Jane Fonda and her husband Tom Hayden have been enlisted to aid their cause. In early September, with almost 130 families taking advantage of the safety program, the tension between the state and the homeowners suddenly came to a hc.iil. Because of heavy Labor Day tourist traffic at the Falls and advance reservations in area hotels, state officials asked, residents to move from the hotels to Stella Niagara Educational Park in Lewiston. The residents complied and remained at the private Catholic school for the next five days. State officials then tightened the relocation policy and the 130 families refused to leave their sanctuary. The state, which had been asking for the relocation certificates as a simple matter of courtesy, suddenly began scrutinizing the documents. Of the .119 certificates received during the wee&jjf September 12, 112 were rejected by state health commissioner Dr. David Axelrod because the relocation applications had all been signed by one physician. The residents, aided by a religious task force, enlisted doctors from Erie County and set up clinics to have the residents certified for relocation. Although the safety plan and its relocation program end when the construction is completed, the residents vow they will do whatever is necessary to stay in the motels and away from their homes. Observers are not discounting the grim prospect of violence. The residents, however, are attempting to seek a peaceful escape from the area. They are actively lobbying for a state bill proposed by two Niagara County legislators that would offer residents an opportunity to absorb a financial loss to leave the neighborhood. Under the legislation, the state would offer to purchase homes at fair market value, but would not pay for mortgage differentials or moving costs. The panel discussion will include the distinguished legal scholar, Telford Taylor, who served as the United States prosecutor at Nuremberg and Michael Frisch, professor of history at ÜB. The discussion will begin at 11 a.m. on Friday, The Love Canal Homeowners October 26. Association is planning a law suit Three of Ophuls' films will be against the state demanding the shown during the program. All extended relocation for women of three films will be screened in the child-bearing- age who are Moot Courtroom. On Tuesday, contemplating pregnancy. October 23 at 1 and 7 p.m. "The The homeowners are going Sorrow and Pity" will be shown. about their struggle for permanent On Wednesday,' October 24 They at "Memory of Justice" will run also relocation a frantfe-pace. pull fear the state will agencies at 1 and 7 p.m. "Sense of Loss" out of the area when the p.m. at and 8 on be shown will 1 -cont'd. on page 8 Thursday, October 25. . Last year's participants in the Skylon International Marathon push toward the finish line in the annual event. On Saturday, October 13, runners will test themselves on the 26.3 mile course once again. A Runner's Guide To The Skylon Marathon by )on Dußert Lincoln and Bidwell Parkways to Colonial Circle. Then we pass At noon Saturday, October 13, rfown Richmond and Porter some two thousand runners will Avenues to the Peace Bridge..Next be gathered on Lincoln Parkway, comes a loop thru Fort Erie; after right behind Albright-Knox Art that, it's off down the Niagara Gallery, for the Skylon Parkway to Niagara Falls and the International Marathon. finish line (in front of Table Rock The reader may wonder, "What House). has that to do with me?" Each of For those readers who will be us, whether physically active or running in their first marathon, a inactive, has an answer for that few comments are in order. question. Many runners cite the (1) Drink early and often satisfaction they get from their (prefereably of some sense of physical well-being. Some NON-alcoholic beverage!). You'll speak of various psychological be sweating a lot of liquid. You benefits. Others liken the process need to replace it. Drink to a religious experience. This whatever's handed to you. STOP writer runs for some of those while you drink. The few seconds reasons, and for another as well. are worth it. It's better to get the Have you ever passed an liquid in your mouth, even if it old-age home? These institutions takes a bit longer, than to keep are given many names, yet one running and end up splashing the feature is common whatever the stuffall over your face. (2) Get there early. Give title. The residents are physically inactive. and look it. Very likely yourself plenty of time for the these people have worked hard check-in and customs check. (3) Remember the grease. and long, as did my own grandparents. Yet neglect of their Well-Vaselined feet are a lot more bodies, as well as addiction to the comfortable as they pound over Carolina tobacco barons' lethal the miles. You may even want to weed, has reduced many of our carry a packet with you for use in elderly Western New Yorkers to emergencies. A few Band-Aids the state of my own grandfather may come in handy as well. just before his death. The man (4) Remember the bucks. The could barely stand. His cough was race ends in Canada. Unless you'll heart-rending. He clutched his be picked up by a friend, or unless cigarette as if his life depended on you intend to carry your a cruel irony, if exhausted body back qver the its presence ever one existed. Each time I pass Rainbow Bridge, you'll need Hallmark Manor, the memories Canadian dollars for your stay in return. Even for the Manorites, it Ontario. Outside banks, the is not too late. But what can I say exchange rip-off is fierce. Special Events. The chief to my much younger friends who brush off thoughts of physical program, apart from the Marathon activity with "but I just don't itself, is the "Performance Lab." This will be held October 10-12 at have the time"? So, then, we run. Next ÜB's Sherman Hall. Available for Saturday we will run down -cont'd. on page 8 - - �■ Vol. 20, No. 3 OpJuJQII Oct. 11,1979 Rationale Behind Late Grades Defended Editor-in-Chief Randi Chavis - Under these circumstances, 21. Second semester classes start January 14. In that four weeks, while I very much appreciate the The varied and inconsistent plus the ten days of the anxiety of first year students, and comments you have gleaned and examination period, I am will complete the grading as fast it in a way which expressed about the problem of supposed to prepare for two new as I can do conscience as decent, enough my rest to be satisfies courses and get delay in reporting grades reflect promise to read 150 the varied situations which exist. I able to bring some energy and I cannot cannot undertake to generalize; enthusiasm to them. These two papers and meet my, other responsibilities within but I suspect that my situation is demands I should suppose have teaching To the Editor: Managing Editor Amy Letters To The Editor Jo'Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Paul Bumbalo, Tim Cashmore, Carol Gardner, Joe Peperone, Mike Rosenthal, Karen Spencer. Contributors: Alan Beckoff, Jon Dußert, Marc Ganz. © Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Ljp Editorial Save A Sinking Ship not unique. Like most of my colleagues, I use only essay questions, and the main issue or issues in each are not susceptible to right-wrong answers. I therefore believe that it is part of my teaching responsibility to try from each not entirely legible or coherent presentation just what the student is trying to to extract some relation to my teaching the four week period. wholly disregarding any attention to research. J.D. Hyman Professor of Law obligations, Public Interest Law Board Thanks Dean For His Aid To the Editor: two students who worked for As a member of the Buffalo Legal Services for the Elderly. say and what material he or she is Public Interest Law Board I would This money was essential since, bringing to bear upon the like to thank you for the recent although individual members of statement. As a result, I spend article about our summer Law Review had pledged $1,500 quite a bit of time reading each program. It was well written and their money was not going to come in until after their summer answer. I find this very tiring factually accurate. work, as well as time-consuming, However, the article excluded jobs ended. The program in the and I can only do a certain any mention of Dean Headrick summer would not have occured amount of it each day before and his involvement in the Board. except for the start up costs fatigue threatens to impair my From our inception the Dean has provided by the Dean. The student members of the judgment. been not only supportive but The grading is supposed to be actively involved in the Board. Board look forward to the Dean's completed four weeks after the Most importantly he provided continuing involvement in the examination period; this year, $1,500 last Spring which we used Public Interest Law Board. Tony Leavy from December' 22 until January partially to fund salaries for the President's Corner Research & Writing Grade Option Approved by Oorie Benesh Opinion doesn't want your garbage, but we are in a crisis situation. We offer students a mouthpiece for their ideas and a showplace for their creativity and talent. We're wondering why this forum is being under-utilized. Opinion can be an innovative, activist newspaper. It can serve as the catalyst for change. But it needs help — your help. News and feature writers, photographers and graphic artists; whatever your specialty is, we need you. People with fresh and creative thoughts would be appreciated. The future of this paper is in doubt. If Opinion folds due to lack of student support and input, it will be your loss. Please don't stand by idly and wave to a sinking ship. Instead, lend us a hand. Please drop off your replies, ideas, thoughts, or contributions in the envelope outside Opinion office Room 623. Feel free to express any suggestions you may have — our pages, ears and minds are always open. — 2 Opinion October 11, 1979 The 1979-1980 Student B.ar Association (SBA) Board, including the newly elected first year directors, held its first meeting on Tuesday, September 25. Of top priority was the determination of the Board's position based upon the results of the recent research and writing referendum. Because the results indicated no clear choice by the students, SBA sent its Academic Policy and Program Committee representatives to the APPC meeting with the suggestion that the grading system be optional, a suggestion which was accepted by the APPC the following day. The approval not only means each first year student will determine if he/she takes research and writing pass-fail or HQDF, but it is also a clear indication that when students organize themselves they can be highly influential. The Board's gratitude is due to each student who showed interest in the issue, and more particularly, to Lew Steele, who provided the much needed leadership at the APPC meeting. With the goal of more effective student input in mind, exemplified by our continued success with the APPC, we hope the SBA will accomplish the following by the time this article is in print: 1. Appointment of one SBA director to each faculty/student committee, to meet the mandate of the SBA constitution; 2. Appointment of students from the law school at large to these faculty/student committees, to insure involvement by the entire student body; 3. Appointment of SBA committees comprised for the first time of both SBA directors - — and students at large, to give SBA directors more time to devote to fewer committees and to give non-SBA board members an opportunity to affect student government more directly; 4. Adoption of substantive and procedural committee charges, to guide the newly appointed committees and to serve as a monitor of each group's progression. Last year's SBA accomplished towards improving the effectiveness of the various committees, and thereby, student input. This year's SBA is confronted with the task of building on that effectiveness through improved committee organization, so that pertinent issues are dealt with in a systematic and fair manner. The SBA welcomes attendance by students, faculty and administration at all of our meetings. Additionally, our office hours are posted on the SBA office door (Room 101). We invite you to drop in, whether it be just to talk, or to discuss matters of importance to you. much LEXIS TRAINING SESSION LEXIS USERS: The Law Librarians will be holding training classes for 2nd and 3rd year law students. The training classes will be three (3) one hour sessions running over a four week period. The schedule is: Tuesday Wednesday Thursday October 23 October 24 October 11 , 25 The classes will take place in the Law Library, 5 - 6 P.M. 8:30-9:30 P.M. 1- 2 P.M. . A/V Dept., sth floor. Sign up now in the A/V Dept �Black American Lew Students Association OF S.U.N.V. AT BUFFALO SCHOOL OF LAW . Liz Glows At Nuclear Rally //X"f#Wl PRESENTS by Marc Ganz announced her candidacy for the United , States Senate. Jacob "She's strong and yet I don't Javits Senatorial term is ready to October 26 & 27 get scared speaking to her, and expire and the upcoming election FEATURED SPEAKER FRIDAY AND SATURDAY hell or high water, I'm gonna vote should prove to be of interest. ALEXIS JACKSON for her." These profound words Holtzman, Bess Myerson, Andrew ASSISTANT SOLICITOR FOR THE U.S. DEPARTMENT OF INTERIOR were stated by- a West Valley Stein, Henry Kissinger, Jack resident after speaking to Kemp and others have mentioned BUS SERVICE PROVIDED FROM Uβ. MAIN STREET CAMPUS TO THE LAW SCHOOL Congresswoman Liz Holtzman, aspirations for a Senate seat. The I FOR MORE CALL: WRITE: BLACK AMERICAN LAW STUDENT ASSOC ?83.«)69 Democrat from Brooklyn. recent polls show Holtzman in the JOHN LORD O-BRIAN HALL I INFORMATION (7161 (716) 636-2163 SUNY AT BUFFALO. AMHERST CAMPUS He may get a chance to vote lead among Democratic AMHERST. NEW YORK 14260 for Liz since she has all but candidates. JHoltzman finished speaking to the West Valley rally crowd on Sept. 29. Her own radiation, in the form of a smile, didn't harm this crowd. Holtzman spoke to the crowd as if they mattered. While denouncing Congress and the federal administration on the nuclear question, Liz inspired people to start actions to help defeat apathy and injustice. The crowd responded with admiration and respect. There is reason for the respect. Holtzman has come up the The feedback we have had from students who took our course political ladder the hard way. She for the first Multistate/New York Bar Exam has been so positive defeated veteran Congressional committee chairman Emanuel and enthusiastic that we know we are going to have even more sue Celler, startling the country. Ever cessful programs for our T9BO courses. since then, Holtzman has fought for causes most congresspersons Joe Marino, Mike Josephson and a group of hand picked lectur don't care about. ers are ready to give you the best preparation available tor the New As Pete Hammill recently said her, "Holtzman is one of about York Bar Exam the most intensive and valuable practice on the that lonely band of extraordinary integrated New York essays and the most insightful and helpful politicans who are less interested in publicity and their careers than approach to the Multistate objective questions. they are in justice." v * Her lists of accomplishments If you can decide to join us before November 1, you can save a noteworthy. She has led the are ~ substantial amount of money and get a whole bunch of special fight for the Equal Rights Amendment to the U.S. benefits. If you enroll early you will: Constitution, and for aid to New York City and the state. She Save $110 on the course price. supported, the Impeach Richard ■I ■• .■■ ■■■■-■ Nixon movement, the Koreagate ■-.... MINORITY LAW WEEKEND Elizabeth Holtzman and integrity in government. As one observer said, "Liz Holtzman has swept through Washington like a breath of fresh air." The American Civil Liberties Union cited Holtzman's voting record as one of the best in Congress. Her efforts against insurance company redlining, the abuses of the CIA, and her support for federal aid to Brooklyn and New York State rated her a place on Jack Newfield's Honor Role (Village Voice- 1978). Newfield concluded, "I can't think of a better hope for the United States Senate in 1980 than Liz Holtzman. She is the ideal custodian of our trust and our liberties." Holtzman's detractors contend she is too liberal. However, her anti-military cost overruns, space shuttle fiscal practices and civil liberties stance should makiev a conservative stand up arid cheer. It is only the corporate criminal sympathizer who should worry about Liz's stance. One thing undisputed about Holtzman is her integrity. Her commitment to destroying corruption in government has been reaffirmed investigation II CONFIDENT? 1 YOU I BET! I — I I I I - . JL ... . ■ $80 by I I Save an additional $40 by getting our exclusive Multistate Clinic at no charge. jM Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no charge. "I ' <H/1: $3251 ■ ••I •' a set of New York and Multistate out JpP Obtain ' ■ lines for use in school or for an early start (mm imum $150 deposit required). ■Course Price until ■■mii.Ml IBllHIt I BRC 71 BROADWAY, 17th F LOOR. NEW. YORK, NV 10006, 212/344 6180 Manno-Josephson/BRC Representatives at your school: I SUNY/BUFFALO/ Ann Bermingham Cathy Kaman * Leonard Kirsch Carol Maue Patrick Curran Jerry McGrier Philip Mclntyre James Ryan Dwight Wells Mark Grossman : ■ Save an additional getting our exclusive Programmed Learning System supplement at no charge. m ' I I : -^:v :-:^^: Contest Winner To Net $500 For Environmental Essay (6) Community stewardship of The WASHINGTON, D.C. � American Bar Association's unused urban property. (7) Protecting the cooperative Standing Committee on landowners (e.g., limiting liability, Environmental Law has private rights from preserving the announced sponsorship of 1980 Environmental Law Essay proscription, restricting the kind and times of access, etc.). Contest for law students. (8) The use of leaseback The winner will receive a $500 arrangements, letters of cash award and a certificate at the agreement, or easements and Ninth Annual Conference on the restrictive and affirmative Environment. convenants to secure public The general subject area for the enjoyment of private land. Essays will be judged by a 1980 contest is "Opportunities for Enhancing Public Benefit from committee appointed by the Private Land." The following chairman of the ABA Standing topics indicate the types of papers Committee. Emphasis will be the Committee would like to placed on originality, quality of receive, but by no means should research, and clarity of style. papers be limited to these topics: The contest is open to all enrolled in ABA students use (1) Consensual public agreements between private accredited law schools. Entrants landowners and responsible should type their name, school, non-governmental organizations. home address and telephone (2) The role of federal, state, number at the lower right had and .local governments in corner of the cover sheet. Two copies of the essay should providing financial incentives or mailed to the ABA be in-kind services (e.g., turnstiles, snow fencing, general upkeep, Environmental Law Essay Contest, 1800 M Street, N.W., stream maintenance, etc.). (3) Third-party management of Washington, D.C. 20036. These should be in the mail on or before private leases for public use (e.g., Appalachian Trail Conference, February 1,1980. For further information, please English Nature Conservancy). at (202) (4) Comparative analysis of contact Kate Sullivan write ABA or 331-2278 international approaches. (5) Organizing and operating a Environmental Essay Contest at the above address. neighborhood land trust. - ■ October 11,1979 Opinion 3 �f** " * HANALSA a Legal Eagle Ask Not To Whom The Toll Goes by Alan Beckoff The following is a true story. The names of those involved have been omitted to protect the innocent. That is, I don't want anyone responsible for thfe fandango to come after me. The Atlantic- Beach Bridge connects the Rockaway Peninsula in Queens County to Atlantic Beach, an offshoot of Long Island in Nassau County. It is owned and 'operated by Nassau County. The toll for motor vehicles is 25 cents, but drivers can buy coupon books worth seven trips for about half-price. Pedestrians and bicyclists are required to pay a toll of five cents. One afternoon this past summer the bridge controller was looking out his office window when he saw a jogger cross the toll Moot Court plaza and continue on his merry way without paying the five cents. (By "controller" I mean the man responsible for the bridge's finances, not its operation.) "Stop offered to pay not only the five cents but also a year's worth of tolls right then and there. The 5 t S Si & Our office is now located in Room 509 O'Brian Hall. BUTTNOSE 4 Opinion J fc controller wouldn't accept it and the jogger was arrested. that man!" the controller cried as In a. letter to Newsday, Long he ran outside. Island's daily newspaper, the A passing police car responded controller maintained he would to the apparent emergency and not have pressed charges if not for Puerto Rican Legal Defense pulled over the jogger. "Was I the fact th,at the jogger had been W 1 speeding, officer?" he asked. The abusive. & Education Fund Scholarship W controller came screaming, "I This brings us to the basic issue are now available applications 1 want this man arrested!" The here: fairness. The bridge opens HANALSA office. in the jogger and the policeman looked every half hour, whether or not V at each other and then at the water traffic is passing by. A controller. "He didn't' pay the boater can have the bridge opened toll," the controller said. "I want any time he wants to go under it. him arrested for theft of services." If, after he has crossed he.decides The jogger explained he had he wants to go right back, the been crossing the bridge fox weeks bridge must be raised again. without paying a toll, not to Needless to say, this process backs mention it was common up auto traffic for miles in both knowledge that many pedestrians directions. The boater pays do not pay the toll. However he nothing. The bridge was built in the Co-chairmen for the program 1950's and was financed by a "New York Environmental bond issue. The bond has long Law Institute 2d" is the title of a will be Nicholas A. Robinson of since been paid off, but the fare program to be presented October the Pace University Law School in has risen faster than the tide 12 in Buffalo by the New York White Plains and Joel H. Sachs of during a full moon. In another State Bar Association's Greenburgh. Speakers will include Stephen litigation case. The debate over letter to Newsday, the controller Continuing Legal Education jury competence to decide highly vehemently countered the Committee and the H. Kelly and Richard J. Lippesof technical issues is a topical one, widespread belief that the bridge Environmental Law Committee. Buffalo, Richard A. Persico and fueled in part by comments of is one of the major sources of The program will begin at 9 Laurens M. Vernon, both of -Chief justice Warren Burger patronage jobs for the Nassau a.m. at the Sheraton Inn East, Albany, Thomas A. Twomey jr. criticizing the abilities of jurors. County Republican organization. 2040 Walden Avenue, Buffalo. of Riverhead, John French 111 of The team, which was selected Perhaps he meant it was a minor Among the topics to be New York City, Philip Weinberg from among the members of the source. covered at the seminar will be the of Queens, Robert J. Kafin of Moot Court Board, is currently in The case of the scofflaw jogger New York State Environmental Glens Falls, and Nathaniel J. the process of writing the 35-page is now pending in the State Quality Review Act (SEQRA), the Parish of Tarrytown. brief for the competition. When Supreme Court in Mineola. If he effects of recent developments in For more information on the the brief is completed, the team loses, it would serve the bridge environmental law on corporate program, contact the Continuing will practice its' oral argument authority right if he paid the practice, federal and state Legal Education Department, before panels composed of faculty court costs, as well as the toll, in wetlands regulations, and energy NYSBA, One Elk Street, Albany, planning. members and fellow students. nickels. New York 12207 (518-445-1211). J NYSBA Chooses Buffalo For Environmental Seminar Regionals In New Haven Elizabeth Buckley, Peter Durant and Barbara Goldberg will represent the law school in the National Appellate Moot Court Competition, one of the oldest such competitions in the country. The team will travel to New Haven, Connecticut, during the third week of November for the Northeast regional round competition. Success there will take them to the final round in New York in January, The problem concerns the right to a jury trial in a complex patent 8 - ' <T.OfYRJWrO W? BYcAtfpus covucs October 11,1979 BY KELLY AND LEVINE �ei979B*H/BW October 11,1979 Opinion I 5 �Culinary Counsel - Sweet Toothed Librarians List Just Desserts 2 c. very coarsely chopped nuts. Bake in greased tube pan at 350 for 1 hour. by Karen Spencer This week's column continues the culinary talents of the Law Library staff with a special emphasis on our insatiable sweet tooths. I would like to thank all members of the staff for their contributions and pay a short tribute to the finest, friendliest group of people with whom I have had the opportunity to work. The law school is fortunate to have such a team committed to library service. I salute you all! And now for those mouthwatering desserts: Mary Dauscher, our "Keeper of the Kardex", sorts all incoming materials and records their receipt in our most valuable file. Without the kardex, we would never know whether we really did receive that issue you have been looking high and low for! Mary offers us her favorite Picnic Cake 2 c. sifted flour Vi tsp. salt Joyce Lewis and Carol Kallin 54 c. flour �Substitute amoretto, triple sec, are the dependable team in the Ic. raw oats orange extract or bourbon. Or Documents Department. Elusive Vα c. brown sugar sprinkle some over warm brownies 1 tsp. cinnamon materials, as government and allow to soak in. documents can be, Joyce and Yα tsp. salt Carol order materials from all over Vi c. butter Super Brownie Frosting: Combine the world and somehow keep Sesame Almond Delights track of what we get and where Toss apples with 2 tbsp. flour and 1 c. cocoa, 2/3 c. powdered sugar. they go when we get them. Line a cookie sheet with foil place half in greased 8 inch pan. Cream 6 soft tablespoons butter making sure to build up all four Spread mincemeat over top. Add with half of the cocoa mixture. sides. Then line with whole remaining apples. Combine flour, Add remaining cocoa_ mixture Joyce's Pistachio Dessert graham crackers to cover. oats, sugar, cinnamon, and salt. alternately with 5-6 tbsp. milk. Cut in butter until mixture is Add 1 tsp. vanilla.* These will VAc. flour 1 stick margarine In a saucepan, combine 1 c. crumbly. Sprinkle over apple really make you break out! 2 tbsp. powdered sugar brown sugar, VA c. butter until mixture. Bake at 350 for 30 Iris Reese KNOWS. Any Mix like pie dough and pat in melted. Remove from heat. Add 1 minutes. Serve with whipped questions leaky faucets, missing bottom of 9x13 inch parf. Bake 4 oz. pkg. of sliced almonds. Stir cream or ice cream. files, missing persons, we for 15 minutes at 350. and pour evenly over graham automatically take to Iris. crackers. Sprinkle sesame seeds on Strawberry Meringue Bars Officially the director's secretary, 1 c. powdered sugar top to your liking. she literally holds the library 8 oz. cream cheese, room c. Vα shortening together. And somehow, remains Baking 10 minutes in preheated temp. 1/3 c. sugar consistently nonplussed. A lover 350 oven. Cut into squares while 1 c. Cool Whip 2 egg yolks of sweets, this sweet, dependable Cream the above and spread on still warm. These are great made a r/2 c. sifted flour lady brings us day ahead! cold crust. Put in fridge to set. whites 2 egg Vi c. sugar Chocolate Dainties 2 pkgs. instant pistachio In the end, all our new books 1 c. chopped nuts pudding reach Helen Hanchar. Tattletaper, 1 c. strawberry jam 1 can sweetened condensed labeler and. all round "end 3 c. milk milj< Beat together and spread on top processor", Helen is the last Beat shortening, sugar and egg 2 sq. unsweetened chocolate of first layer. Top with Cool Whip person to see the books before yolks. Add flour. Spread mixture pinch of salt they go to the stacks. Her Chess in bottom of ungreased 13x9 inch and sprinkle with nuts. 1 tsp. vanilla Pies should be good with whipped pan. Bake 15 mm. at 350. Spread Ground walnuts. cream or as an anytime snack: evenly with jam. Stiffly beat egg Carol's Mother's Oatmeal Cake ■ — ' Pour V/i c. boiling water over 1 cup of quick oats and 1 tsp. salt. Let stand. Mix: - Law Librarians:. Cookin 9 & Bookin' . .. 1 c. brown sugar mil^ Nina Cascio's artistic talents extend beyond that of Audiovisual Librarian into the kitchen to satisfy her quest for sucrose. The delicacy below is by far one of the greatest I have ever tasted! 1-1/3 c. flour 1 tsp. soda Add oatmeal mixture last. Bake in 13\9 inch pan at 350 for 35 minutes. > Icing: 6 tbsp. butter 2/3 c. brown sugar 1 c. coconut 1/3 c. milk Vi c. nuts 1 tsp. vanilla Pour icing on warm cake and brown under broiler. Verdia Jenkins, Cataloger and Reference Librarian, is an avid contributor to the black community and teaches in the Women's Studies College here at ÜB. With her busy schedule shefinds time to whip up her quick and easy Apple Nut Cake Lemon Pudding Pie Mix: 4 c. diced apples 2 c. sugar 1 tsp. or more cinnamon 1 tsp. nutmeg With: Vi c. oil \ 2 eggs 1 tsp. vanilla Fold in: 2/2 c. flour 1 tsp. baking powder 1 tsp. soda 1 tsp. salt Add: Opinion 4 c. sliced apples 2 tbsp. flour 1 c. mincemeat 1 c. white sugar 2 eggs 1 tsp. cinnamon 1 tsp. nutmeg Sift flour, baking powder and salt. Add sugar to shortening. Beat in vanilla and egg. Add flour mixture alternately with milk. Pour into greased 9x9 inch pan and bake at 350 for 40 minutes. Remove from oven and top with Praline Topping: Mix 1/3 c. melted butter, Vi c. brown sugar, 'Ac. milk, dash salt, 1 tsp. vanilla, 1 c. f)aked coconut and Y2 c. chopped nuts. Spread over top of hot cake and brown under broiler for 5 minutes. 6 Vi Lindbloom (even OCLC calls her "Vi!") prepares all our journals for binding, updates our records for the University's Union List of Serials, and searches records on our OCLC computer. Always ready with a cheerful opinion, Vi brings us her Cream butter, sugar and vanilla. Add eggs and beat well. Blend in chocolate; stir in flour and chips. Bake in greased 8 inch pan at 325 for 30 mm. Golden Apple Mince Crisp K> c. shortening 1/i tsp baking powder 1 c. brown sugar Vi c. shortening 2 tsp. vanilla I egg, unbeaten 1 c. meringue.) Vh c. graham cracker crumbs 4 tbsp. melted butter Make a pie crust by combining the above and pressing into a pie tin. Let stand. ' Mix: • 1 can Eagle Brand Condensed Milk 3 egg yolks Juice from 3 lemons. Beat for 10 minutes or until stiff. Pour into pie shell. Refrigerate. (The egg whites can be used for October 11,1979 Myrtle Likens Chess Pies 1 recipe pie crust 1 c. raisins 1 c. walnuts or pecans 3 eggs, beaten 1 c. sugar '/2C. butter vanilla Roll pie crust and cut in rounds to fit in muffin tins. Grind nuts and raisins together. Cream butter and sugar until fluffy; add eggs and vanilla; stir in nuts and raisins. Fill each pastry-lined muffin cup %full Bake at 350 for 25-30 minutes. Bette Waif means "if we don't have it, we'll get it!" Responsible for Interlibrary Loan, Bette manages to borrow materials from other libraries to fill in the gaps of our collection. With a smile and just in time for apple season, Bette offers us her whites, adding sugar gradually. Cook milk, chocolate and salt in a Spread over jam. Sprinkle with double boiler until vVy thick. nuts. Bake 25 minutes more at Remove from heat and add 350. vanilla. Cool to lukewarm. Drop by teaspoonful in ground walnuts Kathy Lehsten, our artist in and roll in balls. Place on wax residence, runs the switchboard, paper and chill. types and retypes endless lists, After the overdose of sugar, I manuscripts, letters, etc. All she am ready for a health food wants for Christmas is for column. Donations of favorite SOMEONE ELSE to count all healthy recipes are gratefully that change from the copy being acdepted. Just stop in in the* machines and a dollarbill changer library, in the halls, or on the way installed in the library! No to and from the parking lot. column would be complete PLEASE GIVE! without her Restaurant of the bi-week: Super Brownies Bocce Club Pizzeria 4174 Bailey Avenue Vi c. butter Eggertsville, N.Y. '£ (On Bailey between Eggert and 1 c. sugar Main) 1 tsp. vanilla* 2 eggs Phone:B33-1344 2 1 oz. sq. unsweetened chocolate, melted The greatest pizza in town. Vi c. sifted flour Reasonable prices. Take out only. 6 oz. bag chocolate chips Large party sizes available. , ; �Pep Talk There's Always So Much Going On In October.. by Joe Peperone All the major sports are engaged in some degree of activity Writer's block-it's wonderful. there's a veritable potpourri of I'm sitting here, staring at a blank athletic endeavors going on. sheet of paper, and believe it or October is month the not, I hear the faucet dripping. I arm-chair fan dreams of. The best wanted to travel to Alaska to I can do is try to string together observe our U.S. bobsled team some totally unrelated facts, prepare for the Olympics, but the predictions, opinions and editors nixed it. Any article I observations for you to chew on write concerning the baseball while you are watching yet playoffs may be outdated by the another commercial for Chrysler time this article is published. rebates. So, check it outl I simply can't believe it. This is I'm about to lose my edge. A October the sports fan's opium. statistic I knew of and, was - - — review bar keeping to myself was recently publicized in the new magazine Inside Sports. It revealed the fact that the Buffalo Bills were 12-3-1 against the point-spread last year. Already, they are 5-0 this year at the 'time I am writing this. So, don't let me down boys, tuition time is coming. Did I read correctly? The N.Y. Yankees ,have signed Graig Nettles, age 35, to a one million dollar, three year contract? Off his performance this past season, I think they should have let him test the free-agent waters for a month or so. I think they could have kept him for a lot less, and I would be greatly surprised if he is still starting in 1981. Punch Imlach, czar of the Toronto Maple Leafs, did another typically childish thing when he barred Sabre Assistant Coach c Roger Neilson from sitting in the press box during a rccenl Sabre-Leaf pre-season game in Toronto. Imlach was afraid that Neilson, while watching the game, would use a walkie-talkie to communicate strategy to Sabre Head Coach Scotty Bowman. Punch reportedly tried to justify his actions by saying that assistant coaches belonged behind the player's bench during the game. However, I question the fact whether Imlach knows what — — New King Edward Lounge by Amy Jo Fricano the last show of the night was in progress. First came the usual fare If you've been skipping your of sequined and feathered regular doses of 20/20, the Today females. But relax guys. Weight Show, and Eyewitless News, you Loss Clinic should do some may not have heard that strip recruiting among thesebabes. One joints are going the way of of my companions commented he barbershops .— unisex. Once an had just seen enough to make him old bastion of male give up sex. by Mike Rosenthal entertainment, the New King When the announcement came Edward Lounge in Fort,, Erie,, that the Black Night would be on Ontario, is now an equal next, a rumble arose from the Slow Train Coming Bob Dylan opportunity employer and does crowd. All of the women in the Into The Music Van Morrison not discriminate against male room were climbing up on Two of rock's greatest dancers or female audiences. windowsills and jumping up on Being equality-minded, curious their chairs to insure a good look troubadors have discovered folk genuinely interested in. at this fabled giant of the dance religion and in the process important new social world. The Knight is rumored recorded their best albums in phenomenon, my companions and equipped to keep even Catherine years. With Dylan this is no I set out for the King Edward to the Great happy, but this turned surprise since he has always been best when he had something to see what the media fuss was all out to be sheer sensationalism. about. If you've never been to The guitar playing emcee then get off his chest. In the early days this was Fort Erie before, once you see the led a singing-shouting contest plethora of Chinese restaurants between two sections of the protest about the general state of lining the majn drag, you'll audience. A cheerleader was human affairs. With Blood On The understand our feeling that we appointed for each group to direct Tracks, it was the breakup of his had been transported to the choruses of "In Heaven There Is marriage. Dylan obviously cares about Nogales of the East. No Beer." The crowd, of course, Look for a lighted sandwich was really yelling for the what he's writing now and the board on the sidewalk in front of cheerleaders *6 take it off, too. songs are all infused with life. This a white clapboard dive. If it reads When the room reached a shows up in his vocals which are "Stormin' Norman's Tribute to sufficiently high decible level, the more expressive than they've been Elvis," you're in the right place. emcee made the long awaited in years. The album, which grows on And, no, Norman doesn't sing. announcement, "And heeeeerrre's you rather than jumps out at you, Believe it or not, when we Norman!" some of Dylan's best arrived at 9:30 on a Friday night, In swooped Norman, clad in a contains material. "Precious Angel" and they were already turning people blue satin jumpsuit and cape ala "When You GonnaWake Up" are Another rumble as the away at the door. A bouncer Elvis. very impressive, as is "Gotta bedecked in a tee shirt which said ladies jumped to their feet Somebody." The left field Serve pick "Stormin' Norman Brought to cheering. Several women rushed though has to be "Man Gave You by Rent-A-Jerk" informed us to ringside, swooning and flailing To All The Animals," that to get a good seat you have their arms in hopes of one touch Names portrays which Dylan at his most to come for dinner and stay of Norman's macho kneecaps. playful. And Norman entertained them, through. Morrison's album So we moseyed down the right down to his blue suede Wavelength, despitenew its flaws, is street to the only other bar on shoes. his strongest album since Wild After all the hype, the New Niagara Boulevard to bide the time until we could gain access to King Edward Lounge was a real Night. One can't really be sure religion that gave the popular King Edward. The let down. If you care to check it whether It is Morrison the. spark, or the spark remember to Anglo-American Hotel's out for yourself, get that gave Morrison religion. Americana Room is a good place some Canadian money before you Nevertheless, Morrison here to avoid, unless you are deaf or go. There is a two dollar cover produces some new classics for his truly enjoy the cacophonous charge, but they have good repetoire including "Rolling gyrations of rock 'n roll bands Canadian beers on tap. "Full Force Gale" and Hills," that no self-respecting high school Not that I recommend this for "Angeliou." would hire for a gym dance. Southern Baptists, but, Overall Dream Police Cheap Trick By the time we finally got into EatTo The Beat Blondle the King Edward and were seated, Rating: Southern Baptist. an assistant coach is. He never had one when he was coaching, nor has any team he has been associated with. Strange But True — Department — Jacksonville Quarterback George Mira of the World Football League tore his finger during a game when he caught it in a zipper in the t artificial turf at the Honolulu stadium. Did you ever see a more pathetic person than Coach Ted Marchibroda of the Baltimore Colts during the second half of the Bills game last week? The poor guy was chewing his nails on national TV, and- it almost looked as if he'secretly wished an irate fan would shoot him to put him out of his misery. At the risk of being outdated, as this article is being written before the divisional playoffs begin.. Baltimore over Pittsburgh in five games. The old cliche that pitching wins short series should determine things this year. Pittsburgh just has not had effective starting pitching, and their bullpen is overworked. Baltimore, especially if Palmer can pitch effectively, has too much depth on the mound for California or the National League pennant winner. What is the sense of allowing free agents to switch teams in the — — . — . NBA if the team which signs a top-ranked free agent becomes decimated due to the compensation the League's Commissioner gives out as "reimbursement." Bill Walton may be the best player in the league, but his history of knee and ankle troubles do not justify the decision by NBA Commissioner Larry O'Brien to give Portland the equivalent of three starters as compensation for losing Walton. O'Brien even admitted that he would have awarded t Portland more players if Walton was totally healthy! Even with Walton on the squad, San Diego won't win more than 35 games this season. Our final note comes courtesy of the People's Almanac. In a 1904 baseball game between Jersey City and Montreal, a Jersey player laid a slow rolling bunt down the third base line. Two runners scored. The Montreal third baseman waited as long as possible for the ball to roll foul. Finally, he saw that it would stay fiar by an inch or so, and the runs would count. So he laid down on the ground and blew at the ball with all his might. His breath pushed the ball foul and the umpires ruled in his favor. The runs didn't count. You can look it up! — Record Rack Aging Rock Stars See The Light — - - - — Both of these groups broke wide open this year playing fun, uncluttered, sixties-influenced rock V roll. Both groups are hard to categorize but have managed to appeal to both AM and FM audiences. Their appeal however is different. Cheap Trick's charm lies in the simpleness of their lyrics, the repetition of musical and lyrical licks and the irrepressible fun of their songs. They have not tampered.with their formula one iota. Songs like "Dream Police" and "I'll Be With You Tonight" mjjk the successful formula of "Surrender" and "I Want You To Want.Me." "Voices," the album's best cut, applies their basic ingredients to a ballad format. The biggest question one is left with is,*why, even though this was recorded prior to the release of Budokan, did they include "Need Your Love" which is available commercially in a live recording? Blondie has played around with their success. They have released an album, though not up to the greatness of Parallel Lines, showing growth and the ability to expand upon their formula. "Dreaming," the single, is frenetic like so many of their songs. "The Hardest Part" is a superior song which operates out of a disco base but goes beyond and above. The lyrics about driving an armored truck are strange but, strangely memorable. "Atomic" also takes fruition from a disco base but bares little resemblence to true disco. "Shayla" and "Sound-A-Sleep" show the band's ability to pull off difficult ballad material. The unifying feature in this diverse album is the quirkiness and uniqueness of Deborah Harry's voice and phrasing. — — i •••'-'■;• Head Games Foreigner Cornerstone Styx ' Two of the most consistent hitmakers today are faced with a decision whether to- stick with their old, successful formula or to try to grow and expand. Foreigner is intent to play it safe. While the album is good it fails to offer anything substantially new. The best songs sound like resets of their old songs. The worst songs sound like Xerox copies of their old songs. On the last album the few ballads offered helped round out the album. There Is only one ballad included here, "Blinded by Science," and it is the best song on the album. Styx seems to be a little more willing to experiment. After their success with Grand Illusion, they played it safe with Pieces Of Eight. This time around though, both sides of the album are built around lush ballads, something for which they are not known with the exception of "Lady." Both ballads have a distinct Styx sound to them but manage to do so without sounding like other Styx songs. "Babe," the ballad on side one, is the first single and could well be the group's biggest hit to date. The other song, "The First is probably the finest song that the group has recorded. Styx has demonstrated that they can enter into the eighties as a successful and maturing band. Foreigner on the other hand will either have to grow on their next album or take a back seat in the future. October 11,1979 Opinion 7 �Love Canal Residents Fight Back -<ont'd. from page 1 construction is complete. They are afraid the' remedial work will be insufficient and the contamination will resume spreading throughout the area. State officials, however, say the fears are unfounded. They claim the site will be monitored for the next five years and the area is safe to become a productive neighborhood in the mean time. The initial remedial work, performed by Newco Chemical Waste Services, Inc., of Niagara Falls, has not lived up to its specifications. Blockages in the drainage system have occurred, forcing repair of the six million dollar project before completion. In addition, while state the threat of officials play chemical migration, city Joggers Jamboree 9 -torn buchanan, courtesy ofThe Spectrum officials closed down a second school in the. area because of the discovery of toxic, chemicals in a creek flowing by the school. The 99th Street school in the Love Canal area is one of two schools shut down due to the presence of toxic chemicals. VISTA Recruiter To Seek Law Students If you've ever considered Florida, says, "When VISTA Volunteers serve one year, and working in poverty law, where the volunteers get together with only on some projects is it pay is low, the hours long and the community people and leaders to required that VISTA lawyers pass frustrations many, then change the injustices brought the state bar exam before or opportunity is about to come about by poverty, exciting things during VISTA service. "You won't get rich being a knocking at your door. start tp happen. Seeing change VISTA, Volunteers In Service that you've helped to bring about VISTA volunteer," Streck says, To America, a federal program for is a rather special reward in "but your life will be enriched. Women runners may be volunteer service in all 50 states, itself." And you'll be practicing a lot VISTA lawyers and paralegals, more law, in most oases, than a Bill. Bowerman, former U.S. interested in an address by will be at the SUNY Buffalo Law Olympic track and field coach, Brockport State's Doctors Jan School at 3:30 p.m., October 17, says Streck, may find themselves junior member of a large law firm. will lecture at 147 Diefendorf at Fetters and Marilyn Colby on for a general information meeting involved in a wide variety ofroles. It's an experience that provides a Volunteers, says Streck, are good foundation." 8:30 pm on Wednesday, October particular problems faced by in Room loBofO'Brian Hall.< 10.Bowerman will talk informally women runners. This will occur at For more information about Catherine Streck, VISTA expected to live in the community with runners at Sherman Hall on 4 pm on Thursday, October 11. recruiter and former volunteer in they serve, and at the same opportunities for volunteer service economic level. VISTA's are paid as a VISTA lawyer, attend the •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••■••••*••**• livin b expenses, transportation to information meeting, or write or and from the state of assignment, call the VISTA Recruiting Office, and receive some training and 317 Federal Bldg., Rochester, NY medical benefits. A stipend of $75 14614, (716) 263-5896. per month ■ is also paid to the Interviews may be arranged for volunteer for each month of October 18 by contacting the service when service is completed. placement office. -cont'd. from page J runners will be ECG stress tests, underwater weighing (to determine body fat content), and CYBEX strength tests. UB trainer Michael Reilly will talk with runners about athletic injurjes. . II Friday, October 12 at 2-4 pm. Later that day at 6 pm a free dinner for Skylon runners will be held at the Connecticut Street Armory (near the Peace Bridge on Niagara Street). Bowerman will speak at that dinner as well. . TODAY is day the last I to register for ! the BAR/BRI j Early Enrollment Discount 1 I ImIIHIHII i Opinion 8 JI | ! )I I | ! iMM.tMHmii>mMriiIHIINMMMMMMIIMIM«IIMIMIir October 11, 1979 INFORMATION rtETING: OCTOBER 17, 3:30 P.M. O'BRIAN HALL, SUNYAB LAW SCHOOL ROOM 108 PEACE CORPS • VISTA MEET WITH A FORMER VOLUNTEER W M SEE A FILM I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-10-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/11/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aa22a92ea979f40edc31e50868ec36b0.pdf 2a1a4614b53bb453014e483d988f3712 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 20, Number 4 Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 October 25, 1979 State University of New York at Buffalo School of Law Freshmen To Get S/U /U Option In Research & Writing * by Alan Beckoff grade in a course with written assignments, he said. First-year students must decide "For some, a carrot is needed by October 26 which grading for motivation," he said. On the system they prefer for their other hand, there are so many research and writing course. The sections that the chance of Academic Policy and Program discrepancies in the meaning of Committee (APPC) has proposed H's and Q's is fairly high, he that freshmen may choose between HQDF or a modified form of S/U. In a memo circulated Tuesday, October 16, the following choice was offered to each student: instead of an H or Q, the student Paul Israelson, executive director of Buffalo Consumer Mediation Service at UB flanked by second take an S (satisfactory). U may year students Gary Cohen (r) and Joe Peperone. (unsatisfactory) would replace an F, and no credit would be given. In place of a D would be a U*. The Court of Appeals, which by R.W. Peters aids in the development of experience in this field, can point determines the standards for legal lawyering skills. Investigatory and out other means of redress within education in New York State, requires this symbol, to indicate Buffalo State College has long research skills are improved. The the consumer mediation forum. With the preliminary research the student earned course credit had a consumer mediation student's knowledge and organization operating out of its appreciation of consumer law is done, the other party in the even though the grade earned was campus on Elmwood Avenue. increased and put to practical use. controversy is contacted. He is unsatisfactory. Buffalo Consumer Mediation The student, by his involvem.ent given the opportunity of airing his Last month's Student Bar Service (BCMS), has been helping in this program, improves the law side of the story. Upon hearing Association referendum on the consumers and merchants with school's relations with the Buffalo him out, the consumer moderator grading format resulted in a legitimate grievances for the past community. Merchants, attempts settlement. If a meeting schoolwide vote of 47 per cent in five or six years. This semester UB consumers, and students profit of the minds can be effected, the favor of S/U and 44 per cent investigator has accomplished his preferring HQDF. Among law school will receive from this program. The BCMS handles all manner task, and can start a new first-year students, the split was approximately 10 percent of the assignment. Almost all of the 52 per cent for S/U and 45 per BCMS caseload. of consumer complaints The law school chapter of this warranty and credit problems, mediation is accomplished by cent for HQDF. Dean Thomas Headrick, organization owes its existence to wage garnishment, and telephone. The settled case is the efforts of second year student landlord-tenantconflicts. followed up, to ensure the parties chairman of the APPC, said since Paul Israelson. Israelson is a The cases are randomly comply with the mediated students were so divided, "We graduate of the University of selected by the parent settlement. figured, 'Well, why don't we let The BCMS at the law school them decide how they want to be Pennsylvania where he worked on organization, and forwarded for a similar program. The assignment to the various case plans to increase its staff by five graded?'" next semester, with a Headrick outlined the two organizational framework of the mediators. law school BCMS is substantially Before contacting the corresponding increase in its sides of the grading issue. An patterned after the University of consumer, the case mediator caseload. Israelson, as executive HQDF format indicates research discusses his case with his advisor, director of BCMS at ÜB, hopes and writing is as important a Pennsylvania model. The program is concerned with at which time he is given pointers the organization will continue to course as anything else taken in mediation, not advocacy. The law on how to approach the problem. grow, and will continue to provide the first year, the dean said. students involved in the program Contact is made with the this, badly needed service to Someone who doesn't do well on exams can benefit from a good are referred to as investigators, or consumer, who relates the Buffalo area residents. investigator. case complaint to the case mediators. The ten mediators are pointedly advised Files are kept on all cases, and the not to take sides. Their function case mediators are told to in disputes is solely that of neutral properly document each conflict. concerned that faculty lines by Bob Siegel The investigator must be arbiters. Conflicts are negotiated would be cut by the Division of with the goal of leaving all parties careful to explain that he is not a Budget (DOB). Headrick, who very a Curriculum reform is "objective but an lawyer, satisfied with the outcome. school's Case mediators can earn one mediator." The consumer current topic at the law school. wants to stabilize the 750 and the faculty around Dean enrollment at pertinent all This issue centers work credit for two semesters mediator requests feels that a with the BCMS. To earn credit, documents be forwarded to BCMS Thomas Headrick's "Suggestions at between 40 and 45, for Curriculum Change", a more structured program of study students are required to work at the law school. After hearing the consumer's proposal distributed to members would help convince the DOB and three hours a week in the BCMS Bar of the school's worth. office, read a chapter in a story, the consumer mediator of the faculty last semester. The dean wants to make the The impetus toward consumer law book, and write a does some preliminary research in year curriculum more of a change seems to be the first the statutes curriculum consumer order to pin-point paper on some aspect of faced "real introduction that is broadly problems under-enrollment law. The paper is graded by the applicable to the immediate university of the curriculum" representative UB as a whole. The by situations, certain controversy. In BCMS faculty advisor, John the consumer will be statutorily has failed to meet its "enrollment that exists here. He feels the Spanogle. "justify" the reasons Israelson is very positive about time-barred from any further target" for the last three years. school must of faculty and enrollment of the for stabilization The increased the organization. He perceives a action. seems to stem enrollment. a freshman law class research is screened accruing by to All number of benefits Some of the ideas the dean has the participating law student. The local attorney retained by the directly from this deficit. proposed for the first year include an enrollment Without advisory an role. in organization with mediators are provided combining contracts and tort actual clinical experience which The attorney, by dint of his increase, the law school was UB Mediators Aid Consumers added. When the grading change is implemented, instructors will grade on an HQDF scale. For students who opt for S/U*/U, the registrar's office will make the change. Instructors will not know which way a student opted. Since the course is now one year long, students will not receive a grade until the end of the spring semester. The grade will then be applied retroactively, counting for one credit in the fall semester and two in the spring. Once a student chooses an option this week, the decision isfinal. First year student Diane Appel said the option "was really no option at all. The notion of pass/fail doesn't work because a student with a D cannot substitute a P or an S for it. He loses that benefit by having to choose between a D or a U*, which certainly looks worse than a D on a transcript. H and Q lumped together and all the student really has to choose from is one passing grade and two failing ones." Marcia Chester said she believed an HQDF system was "psychologically better. With a P/F you really don't know where you stand." She agreed that, with the U* grade, there was no real option. "Research and Writing is such an important course, I know I cont'd. on page 8 Curriculum Reform Debated classes into "a common/statutory law course on private rights and duties" and adding a course dealing with "lawyering, judging, and legal institutions" in order to give students some view of the "reality" of the legal profession. For second and third year students, Headrick would like to see the continuation of "skills courses" (i.e. legal research and writing) as opposed to only substantive law courses and a reduction in upper-class section size. Headrick would also like to see a "concentration" requirement added. The dean said a student should experience "advanced knowledge" in at least cont'd. onpage 8 �Onininn vol. 20, No. 4 Oct 25,1979 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Karen Spencer. Contributors: David Karel, Russell Leisner, F. Meadows, Catherine Meyer, Daniel Meyer, Ed Sinker. © Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of theState University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Letters To The Editor Professor Frowns seems to me, would accept such a substitution. I have heard it said that caps As in the past, I shall be happy to attend the 1980 graduation. As and gowns obviate the need for in the past, however, I object to new, expensive graduation outfits. the increasing formality in these This need, if really perceived, affairs. I will not wear a robe. If seems part of the problem. In any that means that I may not appear wherever the faculty is to be located, I will be present in the audience. Others, I fear, who also oppose the wearing of gowns, will not appear at all. My objection to caps and Opinion apologizes to Lew Steele whose letter was Inadvertently omitted gowns goes not to the expense. It from last week's issue. would be far more meaningful (as I also have previously suggested) if each student and faculty member To the Editor: A word of personal thanks to would contribute a sum in lieu of cap and gowns to a all who voted with me in the worthwhile cause. Parents, it recent SBA Presidential election. To the Editor: — — by Doric Benesh 464645dfdf paper. Exceptional work should be acknowledged by requesting the faculty supervisors to write letters of commendation, with copies placed in students' files, to students deserving such distinction. The failing grade should be reserved for students whose work has not been acceptable for academic credit on the graduate school level. Grading is a recurrent issue which will haunt the law school until students and faculty realize no grading system can solve problems of performance, competition or motivation. These problems must be solved on an individual basis. Grading reform should focus not on reward and achievement but on knowledge and education. Opinion Wishes All A Happy Halloween! October 25, 1979 James Atleson Professor ofLaw A reminder: I remain a Third-year SBA Director until graduation and will continue to listen to and seek out ail who wish to bring individual, group, or community concerns to the SBA's attention. So speak up. Lewis Steele SBA Approves Committee Appointments On October 9, 1979, the Student Bar Association (SBA) approved appointments for 107 positions on faculty/student and SBA committees. A total of sixty-two law students who do not sit on SBA interviewed with SBA's appointments committee during a one week period. At week's end, fifty-three students were placed on committees. The other fifty-four positions are held by SBA members. Faculty/student committees have a total student membership system. of forty-three. As many students In order to minimize competition and reduce first year are aware, the available positions anxieties, grading should be strictly pass/fail. Students would are limited. First, the SBA receive feedback in two ways, through individual meetings with instructors and from extensive comments on each Opinion - President's Corner Grading Option Offers An Illusory Choice 2 event, this argument for gowns has almost always been raised by those not in dire straits threadswise, that is. Steele Thanks Supporters Editorial The optional S/U*/U grading system offered to research and writing students is really no option at all. The option presented by the APPC offers a three tier grading system instead of the present four tier system, combining the upper two grades of the HQDF format into the S grade. The optional system retains none of the benefits of HQDF grading because exceptionally high achievers receive the same grade as students whose work is minimally more than marginally acceptable. Nor does the option confer any of the benefits of strict S/U grading because U* falls in the unexplainable no man's land of creditworthy but unsatisfactory work. Research and writing is an ideal course to institute radical grading reform. Students are graded by 18 research and writing instructors. Great variation in the grading standards of each instructor is inevitable. The APPC has aggravated this problem by retaining a multi-tiered grading on Caps and Gowns Constitution mandates at least one SBA representative on each. Further, students are given equal representation in proportion to faculty committee positions on most committees. On some committees, students have less than equal representation. Of the forty-three positions available to students, twenty-seven are held by persons not on SBA (this figure includes alternate positions). The SBA committees are, for the first time, comprised of members and non-members of the Board. Of sixty-four positions, twenty-six are occupied by the latter group. It is hoped this innovation will result in a more effective and active SBA while exposing persons outside SBA to its organization. Overall, of the fifty-three appointees, twenty-nine are first year, eighteen are second year and six are third year students. The ciass-by-class breakdown of applicants was thirty-three, twenty-two and seven, respectively. On Tuesday, October 30, 1979, at 4 p.m. all students interested in recruitment and admissions in general, and minority recruitment and admission in particular, are requested to meet to discuss the topic and to formulate ideas which will help improve the law school's admissions process. This organizational meeting is being held as a result of last year's Affirmative Action Coalition and an SBA resolution to study the subject. Please attend. Student organizations interested in admissions and recruiting are particularly urged to send a representative. The location will be announced at a later date. Watch for notices. Those of you Who have been in the second floor mail room have probably noticed the SBA bulletin board. This board indicates when the next SBA meeting will be, what the agenda is, and also displays the latest available SBA minutes. Persons interested in getting on the SBA agenda for a particular meeting should speak to Ted Donovan, SBA secretary. In addition to the bulletin board, outside the SBA office on thefirst floor is a "Master Calendar." We will try to keep dates, times and places of various committee meetings and other activities up to date. �BackAmericanLaw Students Aeeoctettoo OF S.U.N.Y. AT BUFFALO SCHOOL OF LAW PRESENTS MINORITY LAW WEEKEND //ifW^ Vglt/ October 26 & 27 FEATURED WEAKER FRIDAY ANDSATURDAY ALEXIS JACKSON ASSISTANTSOLICITOR FOR THE U.S. DEPARTMENT OF INTERIOR BUS SERVICEPROVIDED FROM U.B. MAIN STREETCAMPUS TO THE LAW SCHOOL FOR MORE INFORMATION CALL: (7161883 4069 (7161 636-2163 WRITE: BLACK AMERICAN LAW STUDENT ASSOC. JOHN LORD OWI ANHALL SUNY AT BUFFALO, AMHERST CAMPUS AMHERST. NEW YORK 14290 Attorneys WorkFor Human Rights v by David Karel The Lawyer's Committee for International Human Rights (LCIHR), a New York City based organization, has come to Buffalo. Members of Buffalo's legal community concerned about human rights violations and determined to do something about it have organized the only affiliate of the New York City based group. [ CONFIDENT? 1 I I YOU BET! I The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we know we are going to have even more sue cessful programs for our 1980 courses. If you can decide to join us before November 1, you can save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you will: . * ■* ...'•■■• Save $110 on the course price. , , — Joe Marino, Mike Josephson and a group of hand-picked lectur ers are ready to give you the best preparation available for the New York Bar Exam — the most intensive and valuable practice on the integrated New York essays and the most insightful and helpful approach to the Multistate objective questions. I The idea of forming LCIHR with the Argentinian sprang from the Lawyer's (Commander-in-Chief of the Army, Committee for Civil Rights, an tthe President of the Supreme organization of the 1960's active (Court of Argentina and other p in the promotion of civil rights in prominent persons. A report from our country's South. The Council tthat mission will be published this for Law Associates, comprised of rmonth in the Record of the young associates in New York /Association of the Bar of New City law firms, together with the >York (Volume 34, No. 7, October International League for Human 11979). Rights, provided the foundation The Buffalo affiliate has for LCIHR, and helped it grow (established an advisory board, into an independent organization which includes Chief Judge within two years of its inception. |Desmond, District Court Judge LCIHR's aim is to have John Curtin, Judge Matthew Jasen attorneys use their skills to deal jand prominent Buffalo attorneys. with human rights problems at The executive committee is home and around the world. comprised of professors Marshall LCIHR does this by a variety of Breger, Virginia Leary, and methods, including the drafting attorneys Wayne Wisbaum, and submission of complaints to Lauren Rachlen and Arthur human rights bodies such as the Gellman. Lawyers are invited to United Nations. Often the focus is work pro bono for the Lawyer's on the domestic implications, Committee without regard to such as how foreign investment in their area of specialization or firm Namibia, with its resulting tax practice. credits, affects our policy on The Lawyer's Committee's dealing with countries with primary goals are to involve human rights violations. An example of how LCIHR attorneys in individual projects, confronts violations is serve an educational function demonstrated by their handling of that is, to provide an awareness of human rights violations in human rights problems, provide a Argentina. The Lawyer's training function (New York has Committee sent a mission to had trianing sessions on how to Argentina to investigate the aid Soviet Jews and political pattern of violations of refugees), and mobilize the entire international standards of human Buffalo community to aid these rights in that country in the concerns, including ratification of post-junta (March 1976) time the Human Rights Convention. period. Specifically, the Lawyer's The Lawyer's Committee is of Committee requested the particular value to young lawyers Association of the Bar of the City in that it provides a means to of New York to send a mission of become involved with issues that lawyers to Argentina to are of concern to them. Students investigate the situation of are invited to participate. It is lawyers and judges who have been hoped a clinic program could be detained or who have disappeared. instituted at the law school where Funds were raised by the students and attorneys could Lawyer's Committee with the interact and accomplish cooperation of the Association of something towards the eradication the Bar, and a mission was sent ofhuman rights violations. headed by Marvin E. Frankel, Success here in Buffalo could former District Court Judge, and provide the initiative for new Orville Schell. The mission met affiliates and progress in this area. I Save an additional $80 by getting our exclusive V- Programmed Learning System supplement at no charge. Save an additional $40 by getting our exclusive Blood Drive m Multistate Clinic at no charge. Successful by Jeremy Nowak jM Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no charge. Mf Obtain a set of New York and Multistate out lines for use in school or for an early start (millimum $150 deposit required). ■Course Price until <H/1: $0251 I .»niflHßmn Marino-josephson BRC I 71 BROADWAY, 17th FLOOR, NEW YORK, NY 10006,212/344-6180 Manno-Josephson/BRC Representatives at your school: SUNY/BUFFALO Ann Bermmgham Cathy Kaman Leonard Kirsch Carol Maue Jerry McGrier Philip Mclntyre Patrick Curran Mark Grossman James Ryan Dwight Wells H The law school was given an opportunity to make a contribution to the community when the Red Cross Bloodmobile came to O'Brian Hall October 16. In a laudable display of involvement, students, faculty and staff turned out in great numbers, making the Phi Alpha Delta (PAD) fraternity-sponsored blood drive an unqualified success. Twice as much blood was donated as was anticipated. About 70 people, many of them first time donors, took the time to show that law students are concerned. PAD is a recently rejuvenated organization which is seeking to fill a need within the law school community. It is dedicated to social service and maintaining high moral standards in the legal community. While the second goal may be ephemeral, fraternity members seek to attain it by setting an example and by becoming involved. PAD runs the law school's used book sale and has plans for implementing a series of new programs to increase alumni involvement in the school, bring in distinguished speakers and involve the law school in community activities. PAD is looking for people who are willing to get involved and work towards making the law school an active and responsive community. For further information, contact Jeremy Nowak, Box 488 and watch the bulletin boards for announcements. Dignitaries To Speak On Minority Law The Black American Law Students Association (BALSA) will present a Minority Law Weekend on Friday and Saturday, Oct. 26 and 27. Featured speaker on both days will be Ms. Alexis Jackson, Assistant Soliciter for the U.S. Department of Interior. Local attorneys and other community dignitaries will also be speaking. On Friday night the program will be held at the 8.U.1.L.D. Town Hall, 1420 Main Street, beginning at 7:30 pm. On Saturday, the program will be held at the law school beginning at 11 am. The community is invited to attend. For more information, call 636-2163, 883-4059 or 874-3581. October 25,1979 Opinion 3 �Cold Thou Needn't Heed With A Winterized Steed by F. Meadows Owning an automobile through the long winter months in Western New York can be quite a headache. Severe weather conditions cause special problems for the driver who depends on his car to provide reliable transportation. On the first cold morning, it is Lubrication Winter driving requires motor oil that will remain viscous at high speeds but will not get too thick on long winter nights. 10W-40 is a good grade of oil for all weather driving. Oil and oil filter should be changed about every 4,000 miles. During the winter months, because of all the salt on the road, the car should be greased at every oil change. Frequent lubrication prevents excessive wear and prolongs the life of front end quite an empty feeling to find that "the old grey mare, she ain't what she used to be." There is no way to turn her into a filly again, components. While your car is on the lift for take before heading to the glue grease and oil, you should ask the factory. service person to squirt some The following winter driving grease into your universal joints tips should help you get started and to check the fluid in your rear and continue driving safely end. through the winter. v. Gas weather, water has a cold In Tune-up A basic step in avoiding tendency to condense in the gas starting problems is to have your tank and ultimately freeze in the car well tuned before winter sets fuel line. To avoid this problem, in. The purpose of a tune-up is to don't let your fuel gauge drop adjust the electrical and fuel below one half. During long cold systems to factory specifications spells, an occasional can of dry gas so the fuel mixture is ignited mixed into a full tank will help prevent fuel problems. under optimal conditions. On cars without electronic ignition, a tune-up should include Starting Ether Starting ether will help you get points, plugs, condenser, gas filter and air filter. Distributor cap and moving even on the coldest rotor should be replaced if mornings, a squirt into the air charred, rusted or cracked. The cleaner horn or directly into the carburetor, choke and timing carburetor throat will aid must be adjusted. A tune-up combustion by increasing the should also include checking the volatility of the fuel mixture. electrical system to be sure the battery, alternator and regulator Brakes are all functioning properly. The brake fluid reservoir should be filled to the top. If you Battery need to add fluid frequently, have The battery fluid should be your brakes checked by a kept at the proper level. Distilled pronto! competent mechanic water is best but tap water will Otherwise brakes should be also do the job. thoroughly examined as part of The fluid in the filler tube of the annual inspection. each cell should reach the bottom The brakes should be properly ring of the tube. Sometimes the adjusted to assure safe, straight ring is hard to see but the stopping and to minimize skidding important thing to remember is to on si ippery roads. keep the metal plates inside the The emergency brake should battery immersed at all times. kept in proper working order; be Overfilling the battery is not if you can pull the emergency only improper but also dangerous. brake through its entire sweep After adding water to your with minimal braking action, you battery, let the car run for about need to have your cable tightened ten minutes. immediately before an A word on battery terminals emergency. Don't set your keep them clean. Greasy, dirty, emergency brake on nights when corroded battery terminals the slush under the car will freeze. impede the flow of electricity. The ice will prevent the cable Corrosion can be cleaned by from releasing the brake. brushing the terminals with a solution of two tablespoons of baking soda in a cup of water. Tires After the solution neutralizes the Tires should be uniformly corrosion, the battery case should inflated to manufacturer's specifications (28-32 pounds per be flushed with fresh water. Be sure not to get any of the square inch). Studded snow tires baking soda mixture in the filler provide the best traction on ice holes. It will neutralize the acid in and snow, but regular snow tires the battery. are adequate for all around winter but there are some steps you can - "Doctor" Meadows gained his honorary Ph.D in Autopsychokinesiology for his feat, unrivaled in the field, of changing a Ford Pinto into a Rolls-Royce. He is believed to have pseudonymously authored the leading work "Zen and the Art of Motorcycle Maintenance." be deadly if there are exhaust Belts driving. Worn, frayed or cracked belts A pair of strap chains will gases leaking into the passenger should be replaced. All belts come in handy when you are compartment of your car. stuck in a snow bank. You can In order to avoid a very should be tested for the proper strap the chains onto your tires in dangerous situation, have your tension. To do so, use the thumb a jiffy and they will pull your car exhaust system checked and any test. Give the belt a push with your leaks repaired. If you have through very deep snow. headaches or feel nauseous when thumb. If it feels loose or moves you arrive at school, your more than one inch, it needs to be problem might not be tightened. The power steering Sand pump, air conditioner, fan (on Some folks carry 100 pounds psychosomatic. Carbon monoxide is an most cars) and alternator are all of sand in their trunk to provide added traction. In order for the odorless, tasteless and very toxic belt driven. Be sure to care for your belts; extra weight to be of any benefit, by-product of the internal the sand should be set directly combustion engine. Even if your neglected they can cause a wide exhaust system passes muster, it is variety of problems. over the rear axle. Other drivers prefer to carry a a good idea to drive with a couple of coffee cans full of sand window open to provide some Thermostat in the trunk to sprinkle around fresh air. The thermostat regulates the the rear tires on. those occasions temperature at which your engine when a little boost is needed (as Windshield Washer Solvent and operates. It does its job by opposed to the big boost provided Anti-Freeze regulating the amount of coolant by strap chains). Windshield washer fluid helps flowing through the water wash the salt from your window passages in the motor. If your car while it keeps water from freezing takes a long time to warm up, or Skids in your pump. if the hot air coming out of your No matter how careful you «%■ isn't quite hot enough, the heater snow be, on iceand may skidding thermostat is probably the culprit. is inevitable. The best advice is to Radiator too stay calm and steer into the skid. Your radiator should be clean It is opening too soon and not the thereby allowing much, If the rear of the car is sliding inside and out. If the outside is to the right, steer to the right. If full of bugs from the spring and engine to reach proper operating the rear is swinging left, steer left. summer, clean them off with a temperature. In order to correct the problem Ease off the gas pedal but don't squirt from a garden hose. If the need to install a winter you lock the wheels with the brakes. fluid inside the radiator is cloudy It is a good idea to find a and rust colored, you need to thermostat in your cooling deserted area, with no have your cooling system flushed. system. The high temperatue obstructions or pedestrians, to After cleaning, the proper thermostat will not open until practice throwing your car into a mixture of water and anti-freeze your car reaches a higher operating temperature than controlled skid. will prevent engine damage due to by the present permitted water freezing inside your motor. thermostat. Your engine will Exhaust System warm up faster and your heater Unless you are a member of Hoses will warm those frozen toes. the Polar Bear Club, most of your Radiator and heater hoses The key to reliable winter driving will be with your should be soft and supple. Any transportation is preventive heater turned on and your dry, hard, cracked or chafed hoses maintenance; take care of your windows shut tight. However, the should be replaced before they car and your car will take care of lack of proper ventilation could rupture. you. Later... I -r- me Later... I Search For Justice ___„ Opinion 4 October 25,1979 The End �Faculty Profile Hollinger;s Return Welcomed by Edward M. Sinker What travels faster than a speeding locomotive and flys from place to place? Students in gratuitous transfers and family law exclaim, "Look! Up in front of the classroom.. .it's Professor Joan Hollinger," mild-mannered professor who came to Buffalo via routes far beyond those ofmortal colleagues. Hollinger, a 1974 graduate of UB law school, is presently a visiting associate professor here. She received her BA in history (honors) in 1961 at Swarthmore and later an MA at Berkeley. She had received all but her Ph.D. from Berkeley when she left in 1969 with her husband, who joined the history department at ÜB. "Instead of delivering a dissertation," she said, "I delivered a child. Jacob was born in 1970, but Joan Hollinger I never thought of Truth In Testing To Be Tested by Marc Ganz The New York State Educational Department and the New York State Legislature are being forced to make critical decisions about truth-in-testing legislation passed last year. The new law requires disclosure of test questions and answers to test-takers and public disclosure of test validity studies. There are many unresolved issues.The firsfis who will benefit from the law. Is it a law for residents of the state or for applicants to New York State schools? The State Education Department has interpreted the law to include all New York residents and all students applying to New York State schools. This makes the New York law nationwide in scope and raises serious questions with respect to enforcement. The education department has proposed that test corporations, such as the Educational Testing Service (ETS), release the questions themselves, without the assistance of the education department. This position may be fought by the bill's proponents, who contend the questions are public informationand should be available to all students taking the exam after Jan. 1,1980. The State Education Department spokesman, David Bauer, said the bill "did not mandate enforcement by the State Education Department. The department has taken the position that we will not interpret the law and will leave the interpretation up to the courts." Opponents predict the legislation will encounter numerous court challenges. The State Education Department, long opposed to truth-in-testing, raised several other points in the months since the law was passed by the legislature and signed by Governor Hugh Carey. The department contends the Advanced Placement tests, when used for admissions purposes, fall under the provisions of the law. In addition, the department raised the question of validity studies done for individual institutions. Syracuse University uses ETS to study the correlation between student's Scholastic Aptitude Test scores and grades in the freshman year. The department asks whether the law mandates release of a study, having little statistical use beyond Syracuse University. This issue may be resolved during the regulation promulgation period. Another question dealing with the interpretation of the law is whether out of state validity studies fall under its provisions. This is a question the department refused to interpret and probably will be settled in court. There is the related issue of the effective date of release of validity studies. Does the law say all validity studies conducted after Jan. 1, 1980 must be released, or does the law provide for retroactive release of all studies? The New York State Legislature is planning a special session in November. They may amend the law to provide an exemption for all tests with a circulation of under 400 test takers per year. In addition, there may be attempts to provide exemptions for handicapped student tests and specialty tests using a small number of questions. There is little support for repeal of the controversial legislation. On Jan. 1, 1980, truth in testing will take effect. After that date, all test takers within the provisions of the Act will be eligible to see the questions and answers. Before that time, many interpretations of the law must be made. . giving up career possibilities for domestic life." The following fall, in 1971, Hollinger entered UB law school, but spent her second year of law school at Berkeley. "I enjoyed being at another law school," she said, but quickly added, "The faculty at SUNY were of comparable quality to that of Berkeley, but students there were more cosmopolitan, much more sophisticated." It was at this time the Hollingers were blessed with Julia. "I intended to take a leave of absence," Hollinger said with a grin, "but I didn't because Julia kept sleeping!" Asked how she balanced the lives of law professor, mother, and wife, Hollinger said, "Life is very complicated, but my husband is totally committed to decisions regarding my profession. We both have raised the children and share household tasks," quickly adding, "but not in a contractual way!" "Parents should be around when children are very young. I don't believe in full-time day care centers and neither does my husband." "Going to law school made it easier to manage a somewhat structured curriculum while raising a child." Hollinger, a Berkeley student of the colorful 19605, said, "My skepticism about the legal profession soon dissipated and I saw law as an instrument for reform." After Hollinger graduated from UB law school in 1974, she worked for a small Buffalo firm. She taught her first gratuitous transfer course at UB as a part-time instructor. She eventually attained full-time status teaching contracts, research and writing (a program she developed) and supervising the .-■ Special Assistance Program. In 1977, Hollinger's husband received an appointment at Princeton while she maintained a visiting position at Rutgers where she taught contracts, estates and trust law, and a seminar entitled "Law and Old People". The following year her family uprooted again to make, what she captions, a "permanent move.. .at least for the time being" to Ann Arbor, Michigan. Hollinger is a regular faculty member at the University of Detroit. She comes here for two days a week as a visiting professor to teach two courses. "I'm happy to be here. I still look forward to teaching here and - Attorney General Robert Abrams is considering a challenge to the testing corporations on anti-trust grounds. Legal opinion is mixed as to whether there are suitable grounds to sue. The final factor will be whether testing corporations isolate New York State. Many testing companies have threatened, but so far have not implemented, plans to eliminate testing in New York. have no regrets." attitude student body and for the faculty." ''There is positive She has "a towards the much respect so much supportiveness by the UB faculty for other faculty members for developing individual autonomous views of what to teach," she said, "and great support for scholastic endeavors." "I am impressed," she said, "with the basic administrative stability the basic rationality with which courses are planned and resources employed." And what might a typical week be like in the life of Joan Hollinger? She is up at 7 a.m. on Tuesday, has breakfast, and makes the beds. "I won't leave home," she said with a grin, "unless all the beds are made!" Her husband drives her to the Detroit airport which is a half hour away. Her plane leaves at 8:45 a.m. and she arrives in Buffalo at 9:30 a.m. She then takes a taxi to the law school and teaches her two classes. Tuesday evening she has dinner with friends and stays in a room overnight at a friends's house. Wednesday she teaches her two classes, has supper, and then it's up, up, and away. She's home by 9:30 p.m. and sleeps late the next day. She spends Thursday and Friday working on her own research: judicial standards for determining disclosure of adoption records and for determining good or bad faith terminations in_long term contractual relations. Weekends are usually spent with the family and the next two days are devoted to class — preparation. 'She sees family tew doctrinal approaches as not the most productive. She tries to stress "«liys lawyers react td different client relations. And when she gets a "not prepared" response in the classroom, she wonders if she should be more strict. "I don't believe in embarassing students needlessly for lack of preparation," she said, "but students lose out ultimately." Before I could thank her for the interview, she was off again climbing steadily into the distance. A freshman law student turned to me and said, "Who was that woman anyway?" I replied, "Son, she may not be Superwoman, but there goes a super woman!" "Married Students and Others" Plan Dinner by Daniel and Catherine Meyer If your spouse has been complaining about too much spare time and too little of your time.. .if you are wondering how a two career marriage will ever work out.. .feeling alienatedfrom other students by your two dimensional commuter type life style.. .or simply looking for some good food and fun at the right price.. .the Married Students and Others have drummed up the perfect solution. At an organizational meeting on Thursday, October 11, an early November pot luck dinner was planned for students, spouses and others. Though the need for cohesiveness to combat inequities or problems unique to the married student was discussed, the greatest need felt was social. The dinner was suggested to alleviate alienation from the class as a whole and to involve spouses. Students and/or spouses interested in attending or helping organize should contact Terri Zionts at 6884112 or school mail box number 574. At the meeting, parents of young children also suggested the formation of play groups where children and spouses could get together on a regular basis and socialize as family units. Tony Marts, a first year student, and his wife, Tess have volunteered to participate and to help organize the groups (brave souls). For details contact Tony or Tess at 8854780 or school mail box number 182. Technically, the organization of Married Students and Others is non-existant. SBA funds for it are also non-existant. But no one seems deterred by that fact. The organization is in the formative stage and represents various segments of the law school community; older returning students, young newlyweds, non-parents, and parents of infants through teenagers. A marriage certificate is not a prerequisite. They're simply looking for interest and ideas. Sign up for the pot luck on November 9 and see what they're up to. You might be surprised. October 25,1979 Opinion 5 �Culinary Counsel Cousin Barb 's Country Kitchen: Food Au Natural Barb's Basic Muffins 1 c. unbleached flour Vi tsp. salt 4 tsp. baking powder '/2 c. raw brown sugar or honey 1 c. whole wheatflour 1 c. milk 2 beaten eggs 1/3 c. melted butter or oil Vi c. nuts, raisins, chopped by Karen Spencer apples or other dried fruit. Sift flour, salt, baking powder. Add sugar mixed with whole wheat flour. Add combined milk and eggs, then shortening. Mix with as FEW strokes as possible. Add nuts or raisins. Bake in greased muffin pans in 425 degree oven for 15 minutes or until light brown. Given a one day reprieve on the deadline for this issue I found myself more involved in packing my apartment than in cooking. Finally with less than three hours to presstime, -I called my cousin Barb and cried, "Help!" After last issue's sweetness, I knew I wanted Maple Johnny Cake some good healthy recipes and my 1 c. wholewheatflour cousin Barb is the best source I 1 c. cornmeal know. 3 tsp. baking powder Five years ago, when she met Vi tsp. salt her husband, Roger, she was 2 eggs, beaten introduced to the world of health Vie. milk foods and organic living. c. maple syrup Vi Overnight she was thrust from the c. butter, melted Vi ail-American diet and way of life oven to 400. Mix dry Preheat into a world of whole wheat flour, ingredients. Then add eggs, milk, soybeans and natural foods. syrup and butter. Bake in 9 inch Once over the hurdle, she was pan for 25-30 minutes. hooked. She has read hundreds of cookbooks and continues to Cheese Crusted Cauliflower creatively and artistically satisfy her family's nutritional needs. 1 head cauliflower Vi c. mayonnaise A registered nurse by 2 tsp. prepared mustard profession and mother of % c. sharp shredded cheese two-year-old Spencer, she bakes Steam cauliflower whole or bread, makes ice cream (without sugar, of course!), cooks delicious drop into boiling water for 10-15 and varying meals, day in and day minutes, until tender. Place in out. A certified ski instructor at ungreased baking dish and salt. Bluemont in the winter and the Combine mayonnaise and mustard center of her family's daily life, and spread on top. Top with her endless source of energy never cheese. Bake ten minutes at 375 degrees. ceases to amaze me. At family gatherings, I look forward to Barb's contribution at meal time it is always something new, healthy,, and absolutely delectable. inexpensive culinary experience. A dollar's worth of ingredients makes enough of this life Stir together: substance to nourish an sustaining flour 2/2 c. whole wheat pastry entire battalion for a week. 2/2 tsp. baking powder One clove garlic V/i tsp. baking soda One medium onion '/2 c. carob powder teaspoon salt 1 tsp. sea salt dash pepper 1 tsp. cinnamon two chicken bouillon cubes Beat 3 mm.: two cups black beans (also % c. soft butter called frijoles negritos or Turtle 2 tsp. vanilla Beans) 2 c. ground zucchini Large pot of water I'/2C. honey 3 eggs Dash cumin (curry powder will do) 1/3 c. milk Making the soup is fairly easy. Combine both mixtures. Bake in greased 9x12 inch pan at 350 Just throw the ingredients in the degrees for 30 minutes or until pot and cook for two hours. Stir done. occasionally. Authentic black bean soup should be strained, and Gingerbread served without the bean hulls. Some like a sprinkling of grated cheese on their soup, which is 1/3 c. butter % c. molasses how it is served in some of those VS c. honey funky West Side New York Latin 2 tsp. baking soda restaurants. Next week my favorite Vi c. buttermilk 1 egg emetics. Vi tsp. salt Restaurant of the Bi-Week: 2 tsp. dry ginger 2 c. whole wheat pastry flour Faddoul's Falafel Cook butter, molasses and 3368 Bailey Avenue honey until boiling. Remove from (near Minnesota) heat and add baking soda and beat 833-9000 vigorously with a wooden spoon. Add buttermilk and egg. Mix in Fine mid-east foods. Open Friday salt, ginger and flour. Pour into and Saturday night until 5 a.m. buttered muffin tins, filling each Falafel, $1.45; Shishkabob, $1.80; 2/3 full. Bake 350 degrees for 15 Baba Gannouj, $1.45; Kafka, minutes. Wonderfully light and $1.90; Horn is, $1.60; etc. Two delicious with whipped cream or small tables and take out. yogurt fruit salad. Carob Zucchini Cake Vegetarian Chile with Cashews 2-3 c. cooked kidney or pinto beans (1 c. dry) 4 mcd. onions, chopped 2 green peppers, chopped 1 stalk celery, chopped 3 cloves garlic, mashed 1 tsp. basil 1 tsp. oregano Vi tsp. chile powder 1 tsp. cumin 1 qt. canned tomatoes pepper 1 bay leaf Vi 1 c. cashews 1 handful raisins or 1 tbsp. molasses 1 tsp. salt V> c. wine vinegar — Saute onions, peppers, celery and garlic in a little oil. Add spices and saute. Stir in tomatoes, breaking them with a wooden spoon. Add remaining ingredients. Simmer 30 minutes to an hour. Sherry or beer will enhance flavor. Serve with Monterey Jack cheese and cornbread. Sour Cream Marinated Chicken 6 breasts, halved 1 c. sour cream V* c. lemon juice 4 tsp. WorcestershireSauce 4 tsp. celery salt 2 tsp. paprika 4 cloves garlic minced 2 tsp. salt Yz tsp. pepper 1 c. butter I%c. bread crumbs Combine all except crumbs and butter. Add chicken, making sure each piece is well coated. Cover and refrigerate overnight. Roll each in crumbs. Pour half the butter, melted, over chicken and use the rest to baste. Bake 1 hour at 350 degrees or until tender. — Bean Soup/from R.W. Peters Here is a simple recipe for those seeking cheap and proteinaceous fare. A great favorite of theCubanos of my old neighborhood in Brooklyn, Black Bean Soup is a tasty and Opinion apologizes to Mary Ann Wachowlak, whose recipe was printed without credit in last week's Issue. Mary Ann heads the circulation/reserve department, a central point of library operations. Although she has a thankless task at times of having to enforce seemingly petty rules and fines, she, like each of us is amenable to reasonable negotiations! A smile goes a long way. Her sweet tooth brought us Strawberry Meringue Bars. - So we put our heads together this morning over tea and homemade bread. We have an entire feast for you this week, from starters to finales. We hope you enjoy them. PRE-HALLOWEEN fc GRAFFITI PARTY Mushroom Barley Soup in ceJebratioo ot- the. Vi c. raw barley 7 c. stock or water Vi tsp. salt Vα tbsp. tamari % tbsp. sherry 3 tbsp. butter 2 cloves minced garlic 1 c. chopped onion 1 Ib. fresh mushrooms, sliced freshly ground pepper Cook barley in VA c. water until tender. Add remaining water, tamari and sherry. Saute onions and garlic in butter. Add mushrooms and salt. When tender, add everything to the barley. Simmer 20 minutes, covered. Simple Salad Pieces of romaine lettuce and spinach, sliced green grapes and mushrooms. Toss with an oil and vinegar dressing. Lovely! Opinion 6 October 25,1979 V^ , Jr i A* HEW look:in the. AY Depfc'. EM. % FRL »ocT2fe % sth f \oo*—• j n4s , ** $&$ if* V3k5% '■ �Pep Talk Bucs Win Series on Top Pitching, Tinted Hitting write essentially the same article first four games of the Series, that by JoePeperone Not wanting to face the dreaded deadline again, I wrote a note to myself last Sunday which Baltimore read, "write article prediction comes wins in five true." As fate would have it, I had to put off writing my article Sunday night because Pittsburgh won the fifth game. Despite the delay, I was fully prepared to - - Tuesday night, for Baltimore was sure to take game six, I thought. I had stored in my mind at least 27 reasons why Baltimore "won" the series, even though the sixth game had not yet been played. But the sixth game was played, and then the seventh, and then... Thus, by last Thursday morning, I came to the awful realization that my great, in-depth article on why the Baltimore Orioles beat the Pittsburgh Pirates in the World Series was not to be. For only the fourth time in history a team behind 3-1 had swept thefinal three games to win theseries. I suppose Pittsburgh should be commended for this great feat, but to tell you the truth, I'm a little confused. The confusion stems from being lulled into a false sense of security all through the season, the playoffs, and the the Birds were unbeatable. They made it look too easy. After four games, Baltimore, though their pitching staff was having problems, was leading 3-1 because they were able to come up with the "big inning." Pittsburgh, a team relying on speed, failed to steal a single base in any of those four games. Dave Parker and Willie Stargell were getting the hits but not driving in the runs. And Baltimore manager Earl Weaver, especially in games three and four, couldn't do anything wrong. The Pirates had their backs to the wall. They weren't playing their game, and faced the near impossible task of having to take three straight games from three of the best pitchers in baseball Mike Flanagan, Jim Palmer, and Scott McGregor. But they did it, not only by getting well-timed hits, but by - simply out-pitching the Birds. Pirate manager Chuck Tanner made a risky move in starting Jim Rooker against Baltimore in the fifth game, but Rooker was able to cool Baltimore's bats. Rooker was aided by four excellent innings of relief by Bert Blyeven. Game six began as a pitching battle between two ailing huriers, Palmer and John Candelaria, who kept the game scoreless for six innings. Finally, the Pirates got two runs in the seventh inning, and two more in the eighth. Again, more fine relief, this time Kent Tekulve, the Pirates ace reliever, kept the Orioles off the Scoreboard. In fact, no Baltimore runner got past second base the whole game. The seventh and deciding game was more of the same. The four pitchers Tanner used stimied Baltimore. Before you could say Willie Stargell, it was all over. The fact that Pittsburgh won is 1980 Hockey: Business, Rules, Predictions by Russell Leisner Howdy Hockey Fans! If left you with the impression that the National Hockey League was in limbo, let me bring you up to date on the most recent developments. Last Spring the people, business interests and Parliament of Canada pressured the Molson Brewing Co., by boycott, to agree to a merger of the NHL and World Hockey Association. Indeed, hockey has had a face lift. When did Molson get into plastic surgery? Why does the brewer wield such power to enable it to change the face of the sport? The company's big scalpel comes in part from the fact that Molson sponsors Hockey Night in Canada and provides backing for the Vancouver, Montreal and Toronto teams, the only Canadian teams in the NHL before the merger. In fact, Molson owns the Montreal Canadiens. The three Molson teams voted against merger because they were fearful of competition for fans. At least they so claimed. Personally, I don't think they had anything to worry about. Toronto is sold out for generations, and Montreal is filled to standing room capacity for most games. Besides, how can Winnepeg, Hartford, Edmonton or Quebec, the additions from old W.H.A., damage Vancouver's precioushockey market? summer The expansion resembles a surge of good old nationalism. Molson finally gave in to the time honored belief that what's good for the NHL is good for the Montreal team and for Canada. The Canadian fans seem to think the NHL peace is a cure-all for everything from inflation and recession to the energy shortage. I am not quite so optimistic, but I have to say that nothing in America comes as close to transcending class, age, sex and race as hockey does for Canadian folks. There is no American equivalent of the Stanley Cup. For the fan, while the "merger" or "expansion" will mean a leaner copy of Hockey News, it will also be a chance to see four new teams. It is hoped this won't cause ticket prices to go up. Since the NHL received $24 million in franchise fees from the new teams, I hardly think the fans should be forced to eat cake. For blood and guts lovers, I am sorry to announce a new penalty will be in effect, which is intended to prevent bench clearing after a goal. This two minute minor penalty for bench clearing comes as a response to the havoc which occurred in the Boston-Montreal playoff game last year. Many think the new penalty is unwarranted and will take emotion and spontaneity from the game. Another rule change is that and the Sabres will take the helmets are mandatory for Adams Division. The Canadiens everyone who either signs a are bound to emerge victorious in contract before June 1 or a waiver the Norris Division. This brings us to the Patrick exempting them from the rule. While I'm all for exciting hockey, Division, where all the teams I'm also for players whose brains except Washington have a chance. don't sound like morrocas. The Flyers are in the process of Although helmets may be rebuilding and Philadelphia wants uncomfortable and may rob a a winner. But I predict the player of his rugged individuality, Islanders to win the Stanley Cup. free choice and manly good looks, For eighteen years I've picked it beats an epitaph that reads the Rangers to win the Stanley "pretty, but a pity that he died so Cup, since they are such a large young." part of my life. They are still Now on to some "I bet with weak defensively, but their my heart and not my mind" offense is exciting to watch. The predictions. The Minnesota trouble is that to be victorious Northstars get my most improved they must beat the Islanders in team award, "The Fluffy Cup." the playoffs. And as the Rangers The Hawks should walk off with proved last year, this feat is far the Smythe Division No. 1 spot, from impossible. not as surprising as how they did it The Pirates ended up without a stolen base in the entire Series, but set a World Series record by having five men each get ten or more hits. Stargell's three home runs were Pittsburgh's only of the Series. The Pirates left sixty men on base over the seven games. In the end, good pitching prevailed, but it was Pittsburgh, not Baltimore, who had it. The Orioles were allowed only two runs in the last three games. It was the oft-suspect Pittsburgh bullpen which finally pulled through, with relief pitchers winning three of the four games for the Pirates. It was also Willie Stargell, 39 years old, and coming off a year when baseball people "in the know" politely hinted to him it was time to retire. Stargell led the Pirates past the Expos in the regular season and was voted the Most Valuable Player in both the League Championship Series against Cincinnati and the World Series. A humble man, quick to remind everyone that the Pirate victory was a total team effort, he made it even more special. Stargell doesn't make good "copy" for reporters. He isn't flamboyant, but he's drinking the champagne this year. Stargell is almost guaranteed to end up where most of the controversial players will never be the Hall of Fame. Baltimore will have to wait another year for the glory that was so close less than two short weeks ago. Eddie Murray will play "what if?" all winter, having gone 0 for 22 at bat in the last five games. Earl Weaver will wonder how everything could slip away so fast, and joe Peperone will have to make his sister's bed every day for the next two weeks for daring to bet on the team which kept the Yanks out of theSeries. — Record Rack Three Artists Reach New Highs And Lows turn opposite that of several disco songs; it starts in disco rhythm and then suddenly slows down One Voice Barry Manilow and stays slow. Loggins Kenny The Fire Keep "Rain" is a fascinating song in Volcano Jimmy Buffett its use of many disco trappings in a non-disco song. The two best songs on the are of these artists All three "Ships" successful soloists with Manilow album are lan Hunter's Wants To Walk Don't and "I one of the most successful being in the business. However, all three Without You." The first is a beautiful ballad have now released their most artistically successful albums and done with restraint, in a style very should find that fact well similar to the way Hunter did it on his last album. The other is a reflected commercially. Manilow was beginning to fall very catchy hummable '40s tune into a rut, for which the Even by Frank Loesser. Side two has Manilow's best Now album was responsible. "Who's Been Despite the fact that they were rock numbers still selling quite well, all of his Sleeping In My Bed" and "Bobbie songs, including everything but Lee." By expanding his base, "Copacabana" on that album, Manilow has given his career a were big building ballads. spark just at the time one was in Granted, it worked; but it was order. Buffett's album also shows a beginning to get boring. Boring is one thing One Voice cannot be broadening of base without losing his identifiable sound. The album accused of. The title song is acapella for is very consistent, and very much half of its length with Manilow a unit, but it includes more singing every part of a 41 voice variety than one would expect. The single "Fins" is pretty harmony. This leads into "Why Don'tWe standard Buffett fare but songs Do A Slow Dance" which makes a like the fairy tale of "Chanson by Mike Rosenthal — — - - Pour Les Petit Enfant" and the strong stirring ballad of "Survive" are the best Buffett has done. Other highlights include more typically Buffett fare such as "Boat Drinks" and "Treat Her Like A Lady." Loggins, on theother hand, has tightened his reins to make this album his most satisfying solo piece. He is now using styles proven successful for him, instead of trying everything and missing often. Not that he is playing it safe, the album shows much growth as a solo artist. However, Loggins is now doing more of what he does best "Mr. Night" brings to mind the best of up-tempo Loggins and Messina. "This Is It," co-written and backup vocals by Michael McDonald, stands as one of the best songs of the style with which the Doobie Brothers are now racking up hits. "Junkanoo Holiday" has a distinctive regae base and an instantly memorable chorus. There is not a bad song on the album and Loggins should be able to begin a string of hits with this release. October 25,1979 Opinion 7 �Curriculum Reform Focuses on Faculty Stabilization cont 'd from page 1 one field even if he later decides not to specialize there. But at the October 5 faculty meeting, the dean's proposal met some resistance. Professor Lee Albert characterized the topic of curriculum reform as "unruly when tackled at the wholesale level. Public relations" was a poor reason for change, he said. Priorities must be set as to whether the first year curriculum should be ''substantive knowledge" oriented or "skills" oriented. There was some agreement voiced that the first year curriculum should prepare students for the reality that they'll face outside of O'Brian Hall. Professor Philip Halpern suggested the use of "mini-courses" during the first year so students could experience a variety of offerings before they became upperclassmen. This would allow faculty members to "sell" their interests, which it is hoped would result in increased seminar enrollment. Seminar under-enrollment has been a consistent problem in part because students feei a need to be "bar oriented" as opposed to innovative. In support of the existing faculty, and in opposition to curriculum reform, Professor Al Katz insisted that the faculty is varied and enthusiastic, that students can get what they want academically here, and that the goal must be to "get the message to the people" that they can be individuals and need not follow the traditional ways of thinking. Katz said any attempt to convert the existing "reality" into a "formality" would be a phony James Atleson one. One must look at what is should be taught during the first being taught, at what is inside the year. Possibly marital or courses and not just at their employment relationships should names, he said. The curriculum is also be investigated, he said. in a constant state of change, Katz As for the upperclass courses, said. "Labels" alone do not mean the idea of limiting the amount of anything. Katz said the proposed change elective choice a student has received much criticism. It was felt mandatory upper-level course requirements are not justified by the overcrowding problem which exists in some courses and the under-utilization by students of the wide range of seminars offered. To close sections of upper-lcvc! courses to graduating seniors to broaden the range of courses taken was not seen as the solution. Some reluctance was expressed to the dean's idea of students adopting a specific field of study, a concentration. Professor Robert Bcrger said planning for the future can't be justified when people constantly change their likes and desires. If a sequence was required, some students would possibly have to slay for an extra of adding a "lawyers course" could not be taken seriously because "a course in what lawyers do will never tell what lawyers do, for we have to keep at least 750 people in the school." In the same vein Professor John Spanogle used an appropriate analogy: "Old wine in new bottles" is not what we want or need, he said. Since we must look to see the problems that change addresses, Katz felt that "curriculum change should be looked at as an option; not a solution." So in Professor Katz's mind the question is: Do we need any curriculum reform and not what form should this reform take? There are no clear-cut issues or answers. One useful idea.raised at Lete Albert the meeting was surveying recent graduates to see what they felt the curriculum was lacking now that they are practicing attorneys. The issue now goes to the newly appointed members of the Academic Policy and Program Committee for further study. year. Dean William Greiner rebutted this contention. He said it didn't matter if students don't enter their field of concentration; the mere understanding of a division Thomas Headrick of law at an advanced level would Professor James Atleson agreed be an invaluable educational with Headrick's idea of a experience. "lawyers, judges, and legal Some professors said they felt institutions" course. He said that, as opposed to the students should understand better curriculum, the problem may lie what lawyers really do and should with the faculty. Halpern, known see the minor role that litigation for his traditional socratic plays. Instruction in such areas as teaching methods, added some negotiation and drafting would be levity to the meeting when he useful. said, "Despite what some might In a light-hearted moment, think, I favor curriculum change." Atleson admitted that to show He suggested change should come students what lawyers really do, on an individual faculty basis. "a course on talking on the Professor W. Howard Mann phone" would be needed. expressed similar thoughts, saying He also suggested important emphasis should be placed on the relationships outside of "person individual faculty members to to person" (torts and contracts) advance their intellectual and and "person to state" (criminal) research skills. Grade Option Offered In Research & Writing cont'd. from page 1 wouldn't do D or F work," said Dave Kimpel. "And an H or a Q looks better than a P or an S." Instructor Larry Kerman, a third year student, agreed. "This is the type of course where hardly anybody gets lower than a Q. So they might as well get the benefit of that than a P." He added the option should have been given earlier in the semester because the students have already completed about one-third of the written assignments for the year. 8 Opinion Headrick said the grading system is experimental, "but not in the sense of a scientific experiment. We don't expect any useful information such as on fairness or encouragement of motivation to be gathered." - - An enthusiastic crowd of runners and well-wishers anxiously awaits the starting gun of the Skylon International Marathon. Skylon Marathon Offered Runners Panoramic View Of Area Sights by Jon Dußert The Skylon International Marathon, held last Saturday, was the season's high point for most Western New York distance runners. Many and varied panoramas, ranging from the interesting old homes of Buffalo's West Side through impressive vistas of the Queen City's skyline in Fort Erie to the awesome spectacle of Niagara Falls at the finish line, won much favorable comment from the competitors. Dave Smith of Orangeville, Calif, (won the race with a time of 2:17:20.1. High winds off Lake Ontario were blamed for slow progress which saw only Smith and New Hampshireman Dave Severance achieve qualifying times for the U.S. Olympic trials. The trials will be held next May on this same Buffalo-Niagara Falls course. Numerous runners, believing the winds would hold down their times, dropped out early to "save it for Washington," where the Marine Corps Marathon is scheduled for November 4. He indicated law school processes should be subject to occasional tinkering. "We'll just see how this system works," he said. "I suspect it [grading] is an issue that will come up again, if not next year, then the year However, over 2,200 runners after." stuck it out to cross the finish line October 25,1979 before Table Rock House in Queen Victoria Park. Running in the marathon had many high points. Certainly the magnificence of the last few miles inspired many runners to finish strongly. The aid stations were run quite well. A heavy medical presence, both by Heart Niagara and St. John's Ambulance, made certain that overextended runners received prompt attention. The border crossing occurred without a hitch. Buffalo police ably conducted massive throngs early in the race; the marathon volunteers and Niagara Parks Commission police kept things rolling smoothly through the Niagara Valley. Great honor is due to all of these marvelous volunteers. Added commendation should go to the Western New York manufacturers and sponsors, notably Gioia Macaroni and Bison Foods. Both helped make the pre-race dinner a sparkling success. Members of the staff of ÜB, particularly trainer Michael Reilly, whose advice and aid helped many runners hold their bodies together en this grueling course deserve praise as well. As well-run as this marathon was, there were points where it might have been improved. Some problems could not have been helped, due to the nature of the event. Where a marathon passes thru lightly-populated areas, as this one did between Fort Erie and Niagara Falls, the long distance between aid stations is not likely to be filled with helpful onlookers. In Cleveland, one could not run fifty feet in some places without being offered a glass of water; here, runners made certain to use each aid station, because they knew there was nothing for the full three miles until the next station. The Skylon competitor will find it advisable to come dressed for the race, and after the race either to be picked up or to rent a hotel room in Niagara Falls. Dressing facilities were slim at the starting line and worse at the finish. As lovely as the course may have been, it lost much of its luster for the out-of-town runner who was elbowed constantly in the tiny Niagara Falls YMCA. One might as well have been in a New York City subway. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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New York 14260 November 8, 1979 BLP Structure Questioned by Carol Gardner Boyer also mentioned some five environmental projects. projects are not very well thought Professor Reis is the logical person Questions about the structure out by their legislative sponsors. to advise the projects, but he's too of the Buffalo Legislation Project Other projects are lacking in busy to advise them all. We tried have been raised by Associate substance or not readily amenable to look at some of them as Dean Barry Boyer in a letter sent to 'legal research, according to administrative law projects," to members of the Academic Boyer. He said this problem might Patricia said. Patricia said there is a need for Policy and Planning Committee stem from the small number of (APPC). The letter questioned the worthwhile projects received by concrete rules and guidelines ratio of the number of students BLP in spite of its attempts to which he hopes the BLP committee can formulate. He said working on projects and the role solicit more. of faculty advisors. Ken Patricia, co-director of he believes the large number of Boyer said the letter was BLP, called a BLP meeting on people on BLP contributes to its prompted by his own experiences Wednesday, October 24 to problems. as an advisor and by a few emphasize to members the "We have 85 members working complaints "through the faculty importance of maintaining quality on 20 projects. Instead of having grapevine." In the past he has projects, monitoring the quantity the luxury of accepting only ten been unsure about his role as a and quality of work done, and good projects, we had to take faculty advisor, Boyer said. He educating faculty members as to twenty and some aren't that good. said he felt students had not taken their role in the program. Patricia Next semester, though, forty advantage of his expertise. also discussed setting up a people will leave the group and Another issue Boyer raised was committee to decide how projects we'll only pick up ten or fifteen the lack of standards for should be selected. Presently, new people," Patricfa explained. The committee to study the determining whether a project according to Patricia, the should receive credit. He* said the direction any given project takes problems of BLP will report to form faculty advisors sign at the and the work expected of the the APPC and then to the faculty. completion of a project, granting project members is left to the Boyer said Patricia and Professor credit to the project members editor and faculty advisor for each Bob Berger are already working at basically reads, "I hereby agree project. He said problems arise solving the problems. He expects that the completed project because some faculty members are them to be successful, he said. conforms to the original too busy and others do not have a Patricia said he was hopeful the description of it." background in the subject matter problems will be solved by the end of this semester or early next "I don't know what that's of the project supposed to mean," he said. "For example, we have four or semester. SBA Resolves Budget Problem by Rossella E. Brevetti The status of the Student Bar Association (SBA) budget has given rise to much confusion and speculation over the past few weeks. After heated debate, a clearer picture has emerged. Following discussion by the finance committee, no controversy exists as to the amount of cash actually on hand. SBA Treasurer Charmaine Bissell Charmaine Bissell and the finance committee drew up a report illustrating current budget allocations and re-adjustments. In an effort to critically analyze the SBA financial picture, Secretary J. Ted Donoyan issued an eleven page memorandum to board members. In his report, Donovan expressed the belief that the "single most important reason" for recurring fiscal confusion is the budget is always drawn up and voted upon in March and April. Since the fiscal year runs from September 1 to August 31, a four month gap between the presentation of the budget and the conclusion of the fiscal year exists. The finance committee adds the estimated income from student fees to the estimated carryover from the previous year when determining the budget. Due to the four month gap, the estimated carryover has always been less than the actual amount. Donovan made several suggestions in his report. The most drastic was that the board rewrite the budget. This suggestion was not accepted by board members. After reading Donovan's report, 3rd year Director Tony Leavy, issued a memorandum to board members calling the SBA budget "fiscally responsible, conscious, and socially progressively activist." When queried about the myriad problems encountered by drawing up the budget for the September-August fiscal year in April, Leavy said September budget meetings would bring a plethora of other problems. It would still be difficult to calculate the actual carryover, he said. Another problem is board members elected in September would have the added responsibility of drawing up a budget while still struggling to get organized, he added. In addition, there would be a gap during the fiscal year when the SBA would be operating without a budget, he said. One of Donovan's suggestions to alleviate this problem was doing a temporary budget in April ultimately subject to revision in September. Leavy said this was an unsatisfactory solution since it would be difficult to predict how organizations would respond in April knowing they would be able to get more money in September. Much of the concern expressed centered around the SBA allocating more funds than will be taken in as revenue this year, fn past years, many student clubs did not spend all the funds allocated to them. These unspent funds were returned to the SBA treasury each year. This practice resulted in the accumulation of a large surplus. Knowing they had an unusually impressive surplus, the SBA budgeted $30,774.95 while only expecting to take in $26,756. However, since .SBA total assets amount to $44,886.09 this leaves a $14,000.14 cash on hand surplus which has not been allocated. The finance committee recommended $10,000 of this surplus be earmarked for special projects and the remaining $4,000 cont'd. on page 8 Marcel Ophuls Ophuls And Taylor In Panel Discussion by Jeremy Nowak This year's Mitchell Lecture scries gave the law school an opportunity to examine the work of the internationally celebrated documentary filmmaker, Marcel Ophuls. Ophuls presented three of his best known works: "The Sorrow and the Pity" (1972), which was nominated for an Oscar; "The Memory of Justice" (1976); and "A Sense of Loss" (1973). These films attempt to induce the viewer to look at the attitudes and ideals of individuals in stressful situations, to sec how these individuals attempt to maintain their dignity, and to stimulate thinking about the equities underlying these situations. "The Sorrow and the Pity" is a film which exposes the myth that the French people steadfastly resisted their Nazi conquerors in World War 11. The film, which encountered stiff political opposition when its release in France was sought, portrays the majority of the French as people complacently accepting the occupation, making every effort to accomodate the Germans. The resistance fighters are portrayed as a relatively small group of lower class workers, communists, and students. One former member of the resistance interviewed in the film describes his comrades as "emotional eccentrics and social misfits." By debunking this myth, the film lays bare the moral indifference of the French and brings forth the idea that the mind remembers what it wants rather than what actually occurred. "The Memory of Justice" can profitably, though oversimply, be viewed as a sequel to "The Sorrow and the Pity." Historically, it follows the end of World War 11, depicting the Nuremburg war crime trials. Thematically, it attempts to build on the same ideas: moral' indifference and selective remembrance. The film examines in exhaustive detail the moral ambiguities which troubled world opinion during Nuremburg and the hypocrisy which was brought to light by the failure to prosecute for war crimes occuring during the French-Algerian conflict and the U.S.-Vietnam debacle. If there is truth to Plato's thought that humans have a primordial memory of ideals of virtue and justice, (the thought that inspired the title of the film), this memory is indeed selective and subject to the filtering influences of the rememberer. "A Sense of Loss," a mercifully shorter film, departs substantially from these themes as it attempts to describe the sectarian violence in Northern Ireland. The film lacks a critical, analytical perspective because the issues involved in the conflict are not well suited to presentation in Ophuls' interview format, nor does Ophuls have strong sympathies with either side. The highlight of the Mitchell series was a panel discussion bringing together Ophuls, Telford cont'd. on page 8 �Ouinion vol. 20, no. s N0v ' 8,1979 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff; Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Karen Spencer. Contributors: Rosella E. Brevetti, Roger Moran, Jeremy Nowak © Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Editorial Honesty Is Best Policy Monday, November 12, the law school will be visited by an accreditation team organized jointly by the ABA and AALS. The visit is standard procedure for all accredited law schools, occurring once every seven years. The team members will be given free reign of the law school and may enter classes and seminars at will. This is how it should and must be. By seeing us the way we are, the team sees the bad as well as the good. Problems to which we have been blind may be objectively seen from afar. Feedback from the team, good or bad, will help us sharpen our focus. But for the feedback to be of any value, we must respond openly and honestly to questions. Thus, we must be honest with ourselves. As we are all well aware, our law school has many excellent attributes. The educational outlook that exists here is an innovative one. This freshness is pursued by a talented faculty, rich in creativity and ideas. The four tier grading system creates a cooperative atmosphere conducive to learning as opposed to modes used in other schools which tend to alienate the law student from his peers and perpetuate an environment of cut-throat competition. O'Brian Hall is a comfortable place to study. It houses the Sears Law Library, a spacious structure containing over 200,000 volumes and equipped with enough seating room to accomodate students during the most harried "final week." In addition, the library is also a federal depository for documents. Thus, there is no doubting the law school's finer qualities. But this is not to say that flaws do not exist. The lack of a full-tjme clinical program director is a void which needs to be filled. Some areas of legal study are neglected though we claim to have a broad curriculum. In our opinion, the plusses far outweigh the minuses. But this does not mean the weaknesses should be overlooked. The only way to correct flaws is to acknowledge them. Students should be open and honest with the accreditation team and try to represent to our guests an image of reality. This visitation should not be viewed as "the law school on trial," but in the alternative, as a learning experience for all involved. Thanks For The "Memory" We wish to express our appreciation to the Mitchell Lecture Committee, and especially Professor Marshall Breger, for last week's opportunity to listen to Marcel Ophuls and view three of his films. The four day presentation received favorable response from within and without the law sctiool community. This positive response evidences a need felt by the law student body to gain a larger perspective on the role of the lawyer in society. We hope the Mitchell Lecture series will continue to bring to the law school provocative, high quality speakers. Ophuls told us we must be judgmental. In following his message, we judge last Week's presentation a major success. 2 Opinion November 8, 1979 Letters To The Editor A Week Off: Student Escapes The Law degree of skill, care and plain balls. Every law student at UB should be able to contemplate what they are doing for a week. In my case it enabled me vacation, on a As I sit here during Section 3's and work and have fun. It was a week lonely bus bound for bustling Buffalo from auburn to think looniness, which is where most law this off... During think about law school. Albany, up in any case. end sojournal break, hundreds have asked me whether students has helped me do at least one vacation "the The loneliness," law school was worth "the some sense of the rememberance of an embarrassment" or "the loss of identity." The thing: recover beyond ÜB. Travel" has helped me world hell outside asked me what the masses gathered: mostly they students think like. And anyway non-law I was doing away from school in the middle of the learn:*hat ride. subway dig good a semester. Law school goes on. But Shlegel, Hyman and I answered them esoterically; I told the masses should take pride in sharing with students a or Katz Shlegel's ingenuity that it was Katz's shrewdness, Hyman's initiative; this depended on whether was vacation: I assume they all wanted to get out of here talking about the airy intellectual, the tough teacher anyway. To the Editor: I , 0r... I I of doctrine or the social theorist How in all Buffalo does a law school class get a week off in the middle of a semester? It takes a Courageous To the Editor: Softball Leaguers I'd like to take this opportunity to thank all those individuals who risked their lives playing in the first law school Softball league. The courage and determination that was displayed against all odds was truly remarkable. My congratulations to the winners, Team 8 (there were no real losers), and I hope that next year will be even more successful as we make the necessary changes in the league. Special thanks should also go out to Bill Lundcjuist and Tom Gick, who acted as umpires during the playoffs. I have but one more thing to add. Will the team captains please return the winter survival kits and the t Still on this lonely bus, Marc Ganz ... Thanked snorkel and fins they used to play right swamp (field)? Thank you. Chris G. Trapp PS. This is a personal note to all those that I had the privilege and honor of competing with during the past softball season. Thank you team, I was proud to be a part of the group, and I look forward to us being together again in the future. You helped me keep it together during all of the insanity of the season. ., Consumer Mediator Corrects Report To the Editor:. -~.•.• I would like to thank R.W. Peters for writing the article on the Buffalo Consumer Mediation Service (BCMS), and congratulate him on a job well done. There are, however, a few basic misstatements in the article which need to be corrected. BCMS is the title of the law student staffed consumer mediation service which is located on the fifth floor of O'Brian Hall. It is not the title of the organization at Buffalo State College. That group is called Consumer Action. The BCMS is an independent, autonomous organization. Moreover, the BCMS's approach to solving consumer disputes differs from that of Consumer Action's in that the BCMS is a mediation service and Action is a consumer advocacy organization. That fundamental difference .sharply distinguishes the BCMS from > Buffalo State's _. J organization. ; Unfortunately, ,the r,e.ade,rsmay have received a Jjranch pf false impression that the BCM§ Buffalo State's Consumer Action; clearly it is hot. Lastly, the BCMS does not handle 10 percent of Buffalo State's caseload, and the BCMS attorney who functions as a case mediation supervisor is not paid by retainer, he is salaried. Consumer .. • ... Paul Israelson Executive Director Buffalo Consumer MediationService Placement Doing More Than Its Job To the Editor: We'd like to take time to offer some words of appreciation to the law school placement office. It's easy to lose sight of the fact that some very dedicated people are working their heads off for everyone's benefit. And it's even easier to dismiss the need to thank these people merely by saying, "It's their job." Dean Carrel, Audrey, and Chris have worked many hours doing thankless tasks for our benefit. Putting together the New York City placement event involved an amazing amount of patience, dedication, and schedule-juggling. As two of many students who attended, we believe the effort was extremely worthwhile. But, beyond this type of special event, the daily demands of successfully running this office deserve recognition. All of those law firms and agencies do not just magically appear at the law school to interview students. There are phone calfs to be made, resumes to be solicited, schedules to, be formulated and so on and so forth. The placement office cannot get us jobs. Only we can do that. But, what the office can do is provide us with as many opportunities to get jobs as possible. And we think they've been successful in doing that this fall. Cathy E. Kaman James F. Ryan Appointments Committee Requests Input To the Editor: The SBA Appointments Committee is currently in the process of evaluating and analyzing the process by which students are appointed to both SBA and Faculty-Student Committees. In the past, this process has primarily entailed an informal interviewing session followed by SBA approval of the Appointments Committee's recommendations. It is currently the Committee's intention to create a process which is more detailed and thorough than that used in previous years. With that end in mind, we are seeking written comments and suggestions so that the new prociss will be more logical and fair. Please submit recommendations no later than Thursday, November 15, 1979 to Ellen Dickes, a member of the' SBA Appointments Committee. Her mailbox number is 75. Before ending, we would like to stress the importance of student and faculty input. We greatly appreciate their assistance. If there are questions, contact Jeff Taylor, Rocky D'Aloisio, Ellen Dickes or Doric Benesh. SBA Appointments Committee �International Law Society Meeting President's Corner Accreditation Team To Visit appropriate to share some of his comments with you. Central to the direction of the law school are the Long-Range Plan adopted by the faculty in Today Room 213 2PM International Law Weekend Stresses Negotiations Role by Roger Moran extreme specialization helps account for the low turnover in the legal departments of international organizations. Two members of the law school's International Law Society attended the annual The International Trade International Law Weekend in Commission enforces various US Washington, D.C. on October 6 & trade laws against foreign 7. The program was sponsored by exporters upon ,the request of the Section of International Law domestic producers. The of the American Bar Association. Treasury, especially through the The weekend seminar included Customs Service, and the a session on research methods in Commerce Department have international law, and a panel extensive jurisdiction over discussion on the role of the imports, and both employ large lawyer in international legal departments. The Trade Act negotiations. of 1979 has given the Commerce Public international law is the Department new matters to body of law which governs states regulate, and its legal section is and international organizations. being expanded accordingly. The law of treaties, the law of the Law firms which have an sea, the law of war and the international practice typically protection of human rights are represent foreign clients who among its major topics. Not export to the United States and surprisingly, employment who run awry of one of our trade possibilities in this field are almost laws. They also represent exclusively with government domestic manufacturers in agencies. antidumping or antitrust actions The Office of the Legal against foreign parties. Typically, the American Advisor in the State Department deals with the legal questions international lawyer's task is to arising out of the United States' explain the US legal system to foreign relations. It is not a very foreign clients. Aside from large office, and die' openings for knowledge of the law,! his rriost new lawyers are few arid eagerly important characteristic is an sought. Its reputation is for openness to other cultures. Many international lawyers meticulousness. International organizations, have come to their positions by such as the International serendipitous routes, leaving one Monetary Fond, are subjects of with the impression that it is international law and often enter impossible to enter the field into agreements with states. The directly. While there are law applied by most international employment possibilities in organizations arises out of the international law on the entry level, they are limited. It would be fiharter which created them. Most, if not all of the experts wise for the prospective of these arcane bodies of law are international lawyer not to the lawyers who work for the concentrate exclusively on this organizations themselves. This field. 1975, and the Mission Statement, by Doric Benesh Every seven years the American Bar Association (ABA) "reinspects" its accredited law schools. UB will be visited by a team of five individuals on November 12, 13 and 14 for this purpose. The ABA describes the purposes of the reinspection as three-fold: to assist us in attaining our full potential; to determine whether our school and program are in compliance with the ABA's Standards of Approval; and to identify the developments in curriculum, teaching, research and public service which would be of interest to other law schools. An additional goal not listed by the ABA, but mentioned by Dean Thomas Headrick, is to assist the law school in getting its needs and priorities before President Robert Ketter and his administration. The exact format of the ABA's upcoming visit is highly tentative because team members are given wide latitude in determining the areas of inquiry as well as the persons with whom they wish to confer. With that ifi mind, students should not be surprised if they are approached. I strongly suggest that if you are, you respond honestly and take advantage of the opportunity to air your personal feelings about the school. In preparation for the ABA's reinspection of ÜB, Headrick prepared a "self study" which was recentl submitted to the team. Because these inspections take place only once every seven years and because of the dean's own description of the self study as a "State of the Law School" document, I thought it Insurance Foundation Sponsors Contest The Federation of Insurance Counsel Foundation is sponsoring an essay contest. Essays can be about any insurance related subject, including trial practice of insurance litigation. There is $3,500 in prize money being offered: $2,000 for first prize, $1,000 for second prize and $500 for third prize. The deadline for submission is May 1,1980. All iaw students enrolled in their second or third year at law schools accredited by the American Bar Association are eligible. Essays should be about 10,000 to 12,000 words in length. An original copy, typewritten and double spaced, on B'/j"xl1" white paper, should be submitted. Footnotes and style should conform to "A Uniform System of Citation." No essay will be accepted unless it has been prepared solely for the contest by one author, has not been previously published, and will not be submitted in any other contest. By submission, The Federation of Insurance each entrant thereby assigns to Counsel Foundation is a the Foundation to return and non-profit corporation sponsored release the assignment of the by the members of the Federation rights of all but the three winning of Insurance Counsel to promote essays and any other that the study law, and to the of insurance editor of the Federation of Insurance Counsel quarterly publish materials in the field of considers worthy of publication. insurance law and practice. Management Seminar Set "Law Firm Organization and Financial Management" is the topic of a program to be conducted November 9 in Buffalo by the New York State Bar Association's Continuing Legal Education Committee and the Special Committee on Professional Economics and Efficiency Research. The program, to begin at 9 a.m., will be at the Sheraton Inn East at 2040 Walden Avenue, Buffalo. Subjects to be covered include financial management, the use of minicomputers and service bureaus, law office law office reorganization, accounting systems, and employee benefits. Chairman, of the program is Herbert J. Goodfriend of New York City. Speakers will include Peter A. Giuliani, Denis A. Halton, Bradford W. Hildebrandt, Michael F. Klein Jr. and Christine M. Millen, all of New York City, and James F. Rabenhorst of Washington, D.C. For more information on the program, contact the Continuing Legal Education Department, NYSBA, One Elk Street, Albany, New York 12207 (518-445-1211). administration, although the number of applicants is decreasing, the overall quality of the pool as a whole is increasing. Future remedial elements of the, admission program include better publicity adopted in 1977. Both of these and extensive personal contacts faculty products place emphasis with undergraduate schools. on the "unusual and the The study is disappointing in experimental." The stated goal of its too brief comments concerning the faculty is to attract students, women and minority admissions. faculty and administration who It states that the stable percentage are characterized as interested in a of women students is encouraging. non-traditional law school. With Its discussion of minority this background, the dean enrollments is completed in one proceeds to present the "State of short sentence: "Minority the Law School" in terms of its enrollments have changed as we faculty, curriculum, admission have experimented with various md placement of students, alumni forms of special assistance support and, finally, relations programs and cut off levels for with SUNYAB's central administration. Headrick's opinion of our faculty is favorable. He views their teaching abilities as "solid". From the point of view of research, the dean finds diversity in both style and content. On the other hand, he points to some weaknesses. First of all, there are areas of law which are not currently covered by our faculty and/or which will not be taught if those faculty now on leave do not return. These areas include substantive regulatory areas, eg., energy; international law; corporations; antitrust; commercial law; and family law. Secondly, the topic of financial support for faculty, unveils another weak area. Although our faculty salaries have gradually been made somewhat more competitive, many professors eventually leave us for those schools which outrank ÜB. That, of course, comes as ho surprise to second and third year students. The self study defines the present curriculum as comprised of mandatory classes for first year students with a variety of elective courses for the upper divisions. Included in the variety arc the "high demand" survey courses, specialized "low demand courses, seminars, and clinicals. Most of us arc familiar with the dean's proposed curriculum change to reorganize our current structure. The fate of his proposal is currently being worked out in committee, particularly in the Academic Policy and Program committee. Highlighted by the study is the Buffalo Consumer Mediation Service, which second year Student Bar Association (SBA) director Paul Israelson worked so hard in creating, and now, in maintaining. A weak area to which the study points is the need for an overall clinical program director who can give a long-term commitment; the study indicates that we will have thatperson, it is admission." While the effectiveness of UB in recruiting students is wavering, its ability to place graduates is encouraging, according to the study. In light of all the activity and energy one encounters now in the placement office, it is difficult to believe that not long ago the law school had to fight to get its own, separate placement personnel. Placement currently plans to expand the number of on-campus interviews and to strengthen our reputation in metropolitan areas. In addition to placement's growing success, ÜB's ability to garner alumni support hasbeen on the upswing. Still, the amount of actual dollars contributed does not compare with that of other similar law schools. Unfortunately, the study does not see any immediate improvement because of the amount of work involved and the lack of staff to manage a project of that magnitude. The last area of the self study revolves around the relationship of the law school to the rest of ÜB. Like most law students, the dean himself has very little contact with Ketter. His prime contact is Vice President Ronald Bunn. The dean states their relationship is comfortable and open. His visits with Ketter are confined to special or extraordinary matters. In general, the law school confronts many of the problems we ourselves do when having to deal with offices outside of O'Brfan Hall. In other words, the situation is tolerable, but frustrating. Perhaps this last area is where the ABA's reinspection will do the most good. Personally, I doubt the school .will be subject to any demotion in its accreditation. That does not mean, however, that it will not be subject to criticism. I hope the team will have pertinent suggestions to improve communications with the central administration. Although our relationship with Capen Hall hoped,' by next semester. The problem of declining (not to mention Albany) certainly student admissions is one to needs improvement, there are which the study responds: "There areas within the school itself are no simple explanations and which may need the constructive the complex ones have essentially comments of an objective eluded us." It does, however, observer to get us on the road to offer some explanations. improvements. For example, downstate Again, I urge you to converse applications have fallen. freely with any member of the Interestingly, the number of reinspection team who may stop applicants at the "lower" end has you. SBA has moved to invite the decreased in proportion to the team to itsNovember 13 meeting. number of applicants at the We certainly hope our invitation "quality" end. In other words, will be accepted. , November 8, 1979 Opinion 3 �Truth In Testing Answer Sheet For Questions About New Statute LaValle is planning to convene the Senate Higher Education Q: What does the Truth-in-Testing Committee to discuss the law do? weakness, areas of and learn of exempting these possibility of their A: It extends the concept tests due to the economic and from their mistakes. Truth-in-Packaging hardship of developing more tests Truth-in-Labelihg to standardized higher education admission tests. Q: Why have the testing for so few students. There is Essentially, it is a disclosure law. companies threatened to raise test already a precedent for exempting low-volume tests as the law It provides students, parents and fees? the educators with the information A: In an effort to keep their tests specifically exempts needed to make intelligent use of from public scrutiny, the achievement and GRE advanced these important tests. The law companies have claimed that the tests. Other small tests were not "They never requires test companies to: cost of developing new questions, excluded because, told us about the came and public, on ones made request, to replace the 1. Provide a student told after scores have been released, will force them to raise fees. The problem," Senator LaValle York Times. the New copy of the test Board has stated that it College with a questions, the student's may increase the current $8.25 answers and the correct SAT fee by as much as $5.00 and Q: Will the law make it impossible develop enough questions for answers. reduce the number of test dates. to the MCAT and DAT? A: No. The sponsors of these exams have argued that the nature of their tests' subject matter limits the number of relevant questions that they could develop. However, according to noted test experts including Dr. Walt Haney, staff director of the National Consortium on Testing (an organization of educators concerned with testing, whose members include ETS), the law does not create this problem. However, the DAT sponsors have recently agreed to comply with the law as have the LSAT, GRE and GMAT sponsors. correct answers. And sixth, it enables students to see which questions they got wrong, detect 2. Supply test-takers with more However, there is no justification detailed information about what the test is designed to measure, how their scores will be computed and how test scores correlate with important background factors such as race, economic class and coaching for the exams. 3. Disclose all studies and reports of test validity. Q: How does Truth-in-Testing help students? A: In several ways. First, it helps them understand their scores by telling them the test's error of measurement- and how well it predicts future performance. Second, it lessens the inequities created by expensive test coaching schools by giving all students equal access to information about the test and test questions. The importance of this access has been underscored by a recent Federal for increasing fees. According to the internal cost studies of ETS only about 5 percent of the fee paid by the student goes to the cost of question development compared to 22 per cent -27 per cent which goes to test company profit margin. ETS has estimated that the law would increase SAT question development costs by $1,092,000. ETS' own internal test development manual, which says that most questions are already written anew for each test, suggests that this figure is greatly inflated. But even if this ETS estimate is taken at face value, it amounts to less than one third of the profit margin taken by ETS and the College Board on the SAT (Between 1974-75 and 1976-77 the profit margin ranged from $3,028,178 to $3,541,000). Thus, by ETS's own figures, Truth-in-Testing could be implemented with no increase in fees and only a modest cut in the profit margin of this ostensibly non-profit, tax-exempt Trade Commission (FTC) report which found that certain classes of students had their scores significantly increased by coaching. Third, it helps them corporation. detect scoring mistakes by disclosing their answers along with the correct answers. Within the Q: What about the low-volume past year scoring errors involving tests that may be withdrawnfrom thousands of students have come the state? to light in the law, business and A: With the exception of the medical school tests. Fourth, it MCAT, and MAT, the only exams lets them know how their scores that the industry is threatening to will be altered before being stop giving in New York are tests reported to schools. Test that only a few hundred students companies now recalculate scores take each year. State Senator into index numbers without Kenneth LaValle, R-Port telling students how or why these Jefferson, the law's principal manipulations are being done or sponsor, has stated that though what their reported index number the industry's threats to increase is. Fifth, it increases the validity fees are "part of their national of test questions by opening them strategy of diluting the disclosure to the scrutiny of educators and provision and making it as hard as experts. In the one case where possible to implement this law," questions were released after the special administrations for test (the February, 1973 Saturday Sabbath observers and Multistate Bar Exam) Georgetown handicapped students and other University law professors were low-volume tests may warrant found to disagree on 25% of the special consideration. Senator Opinion 4 November 8,1979 companies are not planning to follow this policy, as their goal is not to comply with the law; it's to weaken it. Congress however, is a federal considering Truth-in-Testing bill that would extend the provisions of the New York law to the entire country. The bill is sponsored by Representatives Ted Weiss and Shirley Chisholm of New York and George Miller of California. Several states are also considering Truth-in-Testing legislation. Q: What is being done to protect students, who the law is designed to benefit, from reduced services, boycotts of the state and increased fees? A: Senator LaValle, as previously mentioned, will convene the Senate's Higher Education Committee in November to review the testing corporation's claims. The Committee will consider ways of making it possible for small-volume tests, including special tests for handicapped and Sunday test-takers to continue operating economically within the state. If warranted, they may exempt some of these tests from the law. The Committee may also subpoena internal cost documents from the larger companies to determine if an increase in test fees is justified. If it is determined cause problems Q: Won't the law or with "equating," the process that that an increase in fees reduction services is not in makes tests comparable from one necessary, strong pressure will be year to the next? brought to make the comDanies A: No. The law exempts nongraded questions used to equate tests from being disclosed. Some tests such as the SAT do all their equating with such ungraded questions. Other tests which currently use graded questions for equating can easily adopt the SAT procedure. According to the independent testing experts who testified at the Senate-Assembly hearing on Truth in Testing, equating can continue using existing techniques and procedural modifications that extend no further than rewriting some computer subroutines. According to Professor E.W. Kelley of Cornell, a testing consultant to the U.S. Congress and the University of Chicago, "Equating is entirely possible at little or no cost under this legislation. The methods used for equating under this legislation will be simple, including some already practiced by the test industry." This view is endorsed by, among others, Dr. Lewis W. Pike, senior researcher at the National Institute of Education and former director of verbal test comply fully with the law. development at ETS. Previously disclosed cost Q: Couldn't any extra cost documents indicate that no incurred in preparing new tests be increase is justified. The State Education spread across the country rather than just being charged to New Department has also ruled that York students? the law applies not only to tests A:Of course. In fact it's the given in the state but also to tests logical approach to take as the given anywhere, whose results are tests written to comply with sent to a college or university in Truth-in-Testing can be used New York. Therefore, it would be across the country. Even using the illogical for a test to be withdrawn industry's inflated cost figures, if from New York, as the company a national policy of disclosure was would still have to comply with adopted, the increase in test fees the law. It is important to recognize to students would be minimal. The Law School Admissions that the law is a good one, but Council, which sponsors the that the testing industry is LSAT, has indicated that it might working feverishly to weaken it. do just this. But most test This issue was summarized by Dr. Vito Perrone, a well-known test scholar and President of the National Consortium on Testing: "There is some degree of intimidation in all of this that is unacceptable. There is little evidence that any of the dire circumstances need to prevail unless, again, the testing irfdustry ~ refuses to bring already existing knowledge and fresh commitment the new to bear on circumstances. What the test producers do not wish to acknowledge is that the law introduces a measure of fairness that is now lacking and has the potential for improving rather than diminishing the overall quality of assessment practices. It deserves support and should not be permitted to falter through inaccurate information or threats." Q: Who are some of the law's supporters? A: Virtually every major parent, teacher, student and civil rights group in New York State. These supporters include: the New York State Congress of Parents and Teachers (PTA), The United Parents Association, the New York Educators Association (NYEA), the New York State United Teachers (NYSUT), the New York Personnel and Guidance Association, the New York State English Council, the Student Association of the State University, the Independent Students Coalition, the CUNY , Student Senate, the New York Public Interest and Research Group, the NAACP, the Puerto Rican Legal Defense and Education Fund, the New York State Consumer Protection Board and the Attorney General of New York. The law is also supported by the director of Arts and Sciences admissions at Cornell, the SUNY Binghamton Faculty Senate and numerous test experts such as Dr. Leon Kamin, author of The Science and Politics of IQ and former chairman of the Princeton University psychology department. �O'Brian Hall Sure-Fire Ticket To Wall Street Celebrates Halloween From thePlacement Office of Murphy's Law School i Many students panic in this day and age about the probability they will be unemployed when they leave law school. Don't despair. This is designed to give you some tips which are not published in library books or necessarily ascribed to on the third floor, but are sure-fire ways of getting a job. The most important key to getting a legal job is to have a resume which will catch a potential employer's eye. The hiring committee is looking for a neatly printed resume where the important information jumps off the page. Therefore, make extensive use of boldface as initially the hiring committee does not read any of your fine print. After your name, address, and other personal information (zodiac signs are a must for California firms) you should start off your resume with relevant informationabout your legal education. Next, honors and activities require great emphasis in a resume. Remember to include them in your resume. Then since legal employers are usually impressed with experience gained in association with large law firms, consider the following examples oiexperience to which many Buffalo students can honestly attest. \ We suggest the following form: LEGAL EDUCATION State University of New York at Buffalo Faculty of Law and Jurisprudence Buffalo, New York 14260 J. D. expected May 1980. Class Rank: 10% I Honors Grades: would have been appreciated in the following courses. Corporations; Enterprise Organizations; Evidence; Torts; Contracts; Federal Tax II; Constitutional Law I; Constitutional Law II; Constitutional Law IV (seminar on Presidential Powers); Constitutional Law XXIX (research seminar on Lockhart, p. 429, note 3, par. iv vi or Gunther, p. 633, sec. B, line 4, 3rd word in.); Commercial Paper; Legal Profession III; The Legal Implications ofThe William Tell Overture (seminar). LSAT: 797 November 400 July 397 HONORS AND ACTIVITIES: Buffalo Law Review Received defective complimentary copy of Vol. 28, Number 1. - Charles S. Desmond Moot Court Competition Finals Sat in third row and attended free cocktail party following the arguments. Charles S. Desmond Moot Court Competition - Best Briefs Accidentally revealed during post-banquet party. Buffalo Legislation Project Tried to slice BLP's budget to facilitate more videotaping of SBA meetings. Buffalo Consumer Mediation Service Elicited their aid in dispute with Echo II over defective bong. Buffalo Legal Aid (Clinic) Former frequent (and well-liked) client. Sea Grant Fellow Spent several hours in law library searching for anything published by one. Student Bar Association Former president - resigned for personal and compelling reasons (e.g. membership on law important long-distance phone calls) review, Research and Writing Instructor Couldn't believe it when mine got a raise. — Law School Journalism The Opinion Read every other Thursday. LAW OFFICE EXPERIENCE ( Philledup, Lyres, Hafcrocked, Blinde, and Hubris Buffalo, New York secretary offering to return Received personalized form letter signed by an associate's personal my resume (C.0.D.). . _ _ Jaeckle, Fleischmann, and Mugel ' . Buffalo, New York Estate Received ratings of "qualified" from a senior partner in areas of Future Interests and r Planning. District Attorney's Office Buffalo, New York Booked, fingerprinted and then released on my own recognizance. November 8, 1979 Opinion 5 �Culinary Counsel Take Stock In Soup For Warmth And Aroma by Karen Spencer Mm! Mm! Good! How we children of the media could be led to believe that soup only meant Campbell's! The saddest part of that media manipulation was the warping of our tastebuds (to say nothing of contributing to another corporate conglomerate that controls our legislative process). I- can remember hating my mother's homemade vegetable soup because it didn't taste like that from the red and white can. I not only remember, but still have a soup spoon with the little Campbell's girl on the handle! But homemade soup what a versatile and nourishing and downright delight to the palate. A perfect mainstay for student diets, a large pot of soup can serve many meals in a minute. With the onset of cooler weather, a warm, hearty soup warms the soul which can then in turn warm another body. (Bet you never thought of soup as foreplay, did you?!!) The recipes that follow are a mere sample of endless possibilities. Creative cooks can conjure up a surprise potful of sweet and/or savory soup with - little effort and whatever ingredients are on hand. Keeping a pot simmering constantly on the stove to which you add leftovers is convenient, thrifty and leaves a lovely aroma circulating throughout the house. This practice takes care to avoid bottulism or other food poisoning from occuring. An alternative is to freeze all your leftovers and then one day empty your freezer into a big pot to simmer and voila! A word about stock. Many recipes call for meat or poultry stock or water from cooked vegetables which obviously means simmering these items for a few hours. Stock is an important ingredient to those water based soups but it need not be a time consuming process. Bouillon cubes are quick and easy for those 1 tsp. curry 3 c. broth 1 1 Ib. can pumpkin 1 T. honey dash nutmeg salt & pepper 1 can evaporated milk Saute mushrooms and onions in butter. Add flour and curry. Then broth. Add everything else but the milk and simmer 15 minutes. Add milk and heat through. Serve topped with sour cream or yogurt. Variation: Substitute squash for pumpkin and add 1 c. orange Simmer 1 hour. Add the rest of the onions. Stir into one cup of the broth, the sour cream, and then back, into the soup. Add lemorriuice and simmer another hour. Serve hot or cold and garnish with -sour cream. Seasoning with marjoram or more to taste Drain cauliflower and mash in savory adds a little interest. This is a nice light %oup, a blender or food mill. Saute onion in butter and add bouillon perfect for a first course. cube. Stir milk and water into cauliflower and combine with Carrot Soup 2 onion slices 1 vegetable bouillon cube 2 c. milk, scalded 1 qt. boiling water 1 tsp. salt 1 egg yolk, beaten 2 T. grated Swiss cheese, or A: juice. . Barbie's Beet Borscht 2T. oil 3 onions, chopped 3 beets, peeled and grated 2 beets, peeled and cubed not opposed to preservatives. There are vegetable bouillon.cubes 1 carrot, chopped 2 potatoes, peeled and cubed available which are unadulterated from health food stores or food 1 medium head red cabbage, shredded co-ops. A secret of mine, when none of 2 qts. stock the above alternatives are 2 c. canned tomatoes desirable, is to finely mince onion, Vi tsp. dill seeds, Finely ground celery and carrots (V> to Vi of a 2 bay leaves cup), saute in oil with salt and 1 T. soy flour For those of us concerned with 3 T. brewer's yeast pepper until browned and add intake, soup can be a caloric boiling water. This will quickly 1 tsp. salt not fattening meal. create a savory stock. Saute onions, beets, carrot, filling but So plan to spend a cold winter potatoes and cabbage in oil for 1S onion mixture. Add salt. Cook 5 evening in front of the fire with a minutes, stirring constantly. Add minutes; Strain. Add a little of the friend to fondle and begin it all broth and simmer until veggies are hot liquid to the egg yolk, return with one of the heartwarming crisp-tender. Combine rest of to the rest of the soup and stir in soups below or one of your own ingredients and add to kettle. cheese. Cook 10 minutes. Serve with sour creations! Good loving!! cream or yogurt. Mrs.Tredo's Turkey Soup Pumpkin Mushroom Soup Cauliflower Soup A: 5 qt. water Vi Ib. sliced mushrooms Turkey carcass 1 head cauliflower, broken into Vi c. chopped onion pieces and steamed until tender 1 c. chopped celery 2 T. butter 3 T. butter 2 T. flour Vi c. chopped celery leaves 1 c. chopped onion 7 chicken or vegetable bouillon cubes 1 T. salt Dollars And Sense Don't Mix J.P. Stevens Rings Up Bell Departed US Attorney General Griffin Bell finds himself with a new client now that he is back in private practice. According to Labor Notes, J.P. Stevens the notorious anti-union textile has hired Bell's law company firm of King and Spalding to defend it against a union law suit alleging illegal surveillance and conspiracy to violate civil rights. — — Would You Buy A New Car Smell From This Can? It used to be you bought spray in a can to get rid of odors. Now retailers are buying cans full of them odor of chocolate chip cookie, even non-greasy French fries all to lure the hungry consumer into the store for the what old retailer-only-knows pie or fries. International Flavors & Fragrances sells the bombs for $25 to $30 per timed-release device, which periodically showers the scent into the environment. The cream of the crop though is "Velvet Touch" a "new car" scent put out by a company in _, Massachusetts. It's guaranteed to rejuvenate any old jalopy with that special polyvinyl chloride biphenyl (PCB), known to be extremely hazardous to your health. — — — ' - Opinion 6 '4 But the long-term fallout from Who Needs It? If you want to know how Th ree Mile Island will much oil is coming into the undoubtedly include a switch to coal-burning plants to supplement country, from now on you'll have to rely on the oil companies. The nuclear power. And guess who US Customs Service, the only builds SO per cent of all coal-fired government agency which power plants? Babcock and physically measures imports, is Wilcox. Even last year, coal plants giving up the program as an accounted for more of B&W's economy measure. sales than nuclear work did. Now, In a spot check of import the sky's the limit as company figures by The Los Angeles Times, profits (if not individual plants) the Customs totals conflicted are likely to explode. sharply with those given out by the oil companies. A tanker which Contract Bans Sexual Harassment Chevron reported discharging A four year long uphill battle 601,840 barrels into the was finally won in mid-September company's El Segundo refinery, when 850 clerical workers at for example, actually unloaded Boston University signed their 646,143 barrels according to first contract. One of the most unique aspects of the District 65 Customs. Such a 7 per cent discrepency local's agreement is a clause on could mean the difference sexual harassment that union between plenty of crude oil or a activists believe is the toughest in real oil crisis. From now on, no the nation. one will know. Signs must be prominently displayed throughout BU Heads We Win, Tails We Win workplaces stating that any After Three Mile Island wiped unwanted sexual attention is out, press reports emphasized the forbidden. Should a clerical tremendous financial setback it worker take out a grievance meant for the companies involved. against her boss, the complaint is Babcock & Wilcox, the maker of immediately expedited to the the defective nuke, was hit not final step of the grievance process. only with lawsuits but also with a And regardless of the outcome, government order suspending the clerical worker can request work on all 17 B&W reactors and must be given a transfer to currently on order or under another department at the same construction. type of job and rate of pay. November 8, 1979 — - tsp. pepper I 1 Bay leaf B: Vi c. chopped parsley 1 c. peas, fresh or frozen 1 c. sliced carrots 1 c. cut green beans 4 c. (8 oz.) fine egg noodles % c. butter % c. flour • ' 2 Ib. carrots, chopped 4 c. stock IH tsp. salt 1 potato, chopped (optional) B: 1 c. chopped onion 1-2 cloves garlic, crushed 1/3 c. chopped cashews or almonds Bring A to boil and simmer 15 minutes. Let cool. Saute B in 3T. butter and salt. Puree A and B until smooth. Whisk in 1 c. milk or 1 c. yogurt/buttermilk and 1 T. honey, or Vi pint heavy cream, or 3 A c. sour cream. Heat very slowly. Season with: nutmeg, mint and cinnamon, or thyme, marjoram and basil, or fresh grated ginger sauteed in butter and a little sherry. Garnish with toasted nuts or grated apple. Russian Cabbage Borscht 3 T. butter Vh c. thinly sliced potato Vfi c. thinly chopped onion 1 c. thinly sliced beets 1 large sliced carrot 1 stalk chopped celery 3 c. chopped cabbage 1 tsp. caraway seeds 1 T. raisins 4 c. stock 2 tsp. salt pepper Vα tsp. dill weed J T. & 1 Tsp. cider vinegar 1 T. & 1 tsp. honey 1 c. tomato puree Cook potatoes, beets in water until tender. In another large pot, saute onions in butter; add caraway seeds and salt. Add celery, carrots and cabbage. Add water from potato and beets and cook, covered, until all are tender. Add potatoes and beets and everything else. Simmer, covered for 30 minutes. (I add more honey and vinegar to taste.) Combine A in large kettle and simmer for 1 hour. Remove carcass and let cool. Add B to kettle, bring to boil, and simmer 10 minutes. Remove meat from cooled carcass and add to kettle. Nina's Zuppa di Lenticchi Heat to boiling and add noodles. Cook uncovered 10 minutes. Melt 2-3 c. dried lentils butter. Stir in flour and cook over 1 onion low heat until browned. Stir into 1 clove garlic boiling soup. Return to boiling 2 stalks celery and simmer for 5 minutes. 4 T. olive oj,l A great after-Thanksgiving 1 T. chopped parsley treat! 1 c. or so tomatoes, chopped salt & pepper Cook lentils in large pot with Spinach Soup about 2 quarts boiling salted water for 1 hour. Chop onion, 2 gt. water garlic and celery and saute with 1 Ib. fresh spinach oil and parsley, until browned. 2 mcd. potatoes Add tomatoes and cook 10 % c. sliced green onions salt and pepper minutes longer. Pour the mixture Vi c. sour cream ii|i pot with lentils. Simmer, covered 15 minutes or until lentils 2.T. fresh lemon juice Heat water in large pot. Wash are soft. Garnish with Romano spinach and cut off stems. Peel cheese. and dice potatoes. Add spinach, No Restaurant of the potatoes, and half the onions to SORRY the water and season to taste. Bi-Week! - �Pep Talk Stankey D Wins; Martin Fired; Mays Suspended Ducks, by a score of 3-2. The The modest Flatow then Steinbrenner, and Martin was into the situation, Martin may not Ducks, obviously playing far proceeded to list his roster, and fired as the manager of the have a future in baseball. above their ability, were led by the surprisingly strong pitching of Herb "this s~- is hard to hit" Roisman. With the exception of. a few tasteless, misinformed comments directed toward our own fine pitcher by Nancy Kaple, both teams agreed the game was a classic. The Ducks won again in the semi-finals, but lost the by JoePeperone championship game to an arrogant bunch of freshpersons known as Being in a feisty mood, I've Stankey D. decided to ignore the standards As I was too busy drowning and ethics of unbiased, my sorrows after our loss, I asked responsible journalism and let rrp. Jay Flatow, the Stankey D Hurt by a freak pre-game manager, for a round-up of the injury to star shortstop and coach season and the championship Chris Trapp, and devastated by a game. Despite the known fact that decision by umpire Tom "you're his team's victory was solely due Boog Powell" Gick, team 1, my to luck, Flatow stated that his team, was eliminatedfrom the law team "cruised to a 7-2 victory" school Softball playoffs last week. through their "swift-fielding, At the risk of great heads-up smart ballplaying, embarrassment, I must admit we agressive hitting and base-running were beaten by (of alt teams) the and great defense." Legal Eagle mention the contribution each player made in the team's victory, using such terms as "rifle for an arm" and "lightning fast speed". Obviously at a loss to come up with anything good playing-wise to say about Stu Ball, Flatow described him as the "best-looking second baseman in the league." Ball, while not commenting publicly, did want me to tell Flatow -to stop calling, since he already had plans for this weekend. The season was a great success, and many kudos should go to all responsible. Now if the SBA can only allocate a few bucks. By now almost everyone has heard about Billy Martin's latest run-in. It seems Martin sucker-punched a marshmallow salesman at a bar in Bloomington, Minn. His promises that he would never again punch a marshmallow salesman went unheeded by Yankee owner George . , Yankees. Martin is a pathetic little child who can't control himself, and until he can, doesn't deserve to manage in organized baseball. Martin's been given plenty of chances to prove his maturity, and has blown them all. In firing Martin, Steinbrenner did the only thing he could do under the circumstances. He couldn't go on bailing Martin out of trouble while his team suffered embarassment by association. The tragic part of this whole mess is Steinbrenner truly likes Martin, and would do anything for him. Martin has told reporters he doesn't need Steinbrenner's "so called help" anymore and wished the Yankee owner would "not be allowed to interfere with my future in baseball." Martin should be glad someone wants to help him with his future in baseball, because after the Commissioner finishes his inquiry Restitution By Deed May Indeed Beg Abuse by Alan Beckoff When one hears of innovations in pur judicial system, it's usually regarding cameras in the courtroom or advertising by lawyers. There has been some talk lately, both on the itate and federal level, about uniform sentencing. In other areas, judicial creativity Is''being overlooked. I would like to call'attentionto two examples. Five years ago, Phillipe Petit, the French aerialist, broke into the World Trade Center in order to string a tightrope between the two towers. The next day, he astounded the world with his daredevil highwire feat (much as George Willig would three years later by climbing the south tower). Petit was sentenced to perform in Central Park before an audience of needy children. This type of sentencing restitution by deeds rather than time is not altogether uncommon. Vandals, for instance, are often required to perform community services. But a judge in Cortland, N.Y. has added a new dimension to this theory. A young Cortland man had a little too much to drink in a local tavern one night, and became disorderly. Two policemen arrived on the scene, only to be subjected to a blistering, obscene verbal attack by the inebriated patron. Brought up on charges of what may be called verbal assault, he was offered a choice: a $50 fine or having his mouth washed out with soap. He chose the latter, and the two arresting officers gladly obliged in the police station's washroom. At least as funny in theory, but far more harmful in practice, is the "John Hour," a new radio show devised by New York City Mayor Edward Koch. In' a rri'ove 1 to single-handedly eliminate the world's oldest profession from' Fun City, Koch declared last month the names of those convicted of accepting a - - ■ prostitute's favors would be announced over WNYC-AM, the city-owned radio station. One thing wrong with this idea is, even for the mayor's purposes, it is not broad enough. It applies only to Manhattan because only the Manhattan district attorney has agreed to provide the names without a reporter having to look them up in the public records. Also, this scheme apparently covers only male customers and female p ros'tVfu'tes;' Midn igh t Cowboys and gay prostitutes were lost in the shuffle of the mayor's characteristically impulsive action. Another and more serious fault with Koch's idea is thai it is needlessly humiliating to men who may very well have a deep-rooted psychological problem which leads them to patronize ladies of the evening. If it's just a simpler case of a man cheating on his wife, it is for the couple to work out without interference from the .authorities. While it is true that the results of judicial convictions which arc on the public record, there is no need to publicize convictions which arc not newsworthy. The people of New York City would be better served if the names of landlords fined for violating the housing code, or, of restaurants cited by the Health Department were broadcast. Koch's desire to return to the days of the pillory is as commendable as Ayatollch Khomeini's revival ol hand-slicing. Steinbrenner has tolerated Martin's antics and probably will put in the only good words for him during the inquiry. Martin should stop his Lone Ranger act and start appreciating the few friends he has. This brings us to the latest post-season baseball news the Willy Mays affair. Because Willy has signed a contract to visit hospitals, foster homes and community centers in depressed areas of Atlantic City as a representative of a company owning a gambling casino, Baseball Commissioner Bowie Kuhn has banned him from baseball, for (get this) actions detrimental to the game. Czar Kuhn has decided that Mays signed a pact with the devil and shouldn't be allowed to wear the uniform of a major league team until his soul has been cleansed. Kuhn, ignoring the fact that other baseball owners have active interests in gambling facilities, arbitrarily decided on Mays' suspension before Mays received the job. I just wish he would, tell us why and where he gol the authority to act as he did.' I fail to see the point to the suspension. If Kuhn had evidence that pre-pubescents were painting little mustaches and taking their money out of the bank to play black-jack in Atlantic City, then I could sec that Mays was having a bad influence on the game. But it jusl doesn't seem fair to punish a 48 year old man who loves baseball, from being able to participate because a company involved with gambling gave him a - job, „ Record Rack . Zeppelin Light, Eagles Heavy, Mac Still Has The Knack — three year delay. There is no lack of music here; it is a double album with twenty songs. The quality is very high. But something interesting is going on. i Stevie Nicks is building offher Within the last few weeks the basic formula and coming up. with have been record campanies songs that are not copies of her assaulting us with a slew of new albums, many of them by artists older tunes, but retain her with superstar status. These three distinctive sound. Christine McVie has retreated have appeared after extremely from the sound she used on the long delays. In the case of Led Zeppelin, last few albums to a more moody, and the delay is excused by certain introspective, similar to her sound, restrained have that personal difficulties work on Bare Trees. beset the band. Lindsey Buckingham is The other two bands, however, seem to have been aware of the responsible for a much greater obstacles they were running up percentage of the writing and lead against; their last albums were by vocals than before. He wrote about half of the songs on the far their most successful. Fleetwood Mac's Rumours has album. Lindsey's songs tend to be unique and atypically been hailed as one of the best more arty, rock albums ever made. This is Fleetwood Mac. Not that this is quite understandable. It was bad, but most of Lindsey's songs chock full of songs that could tend to take lopger to grow on have been hit singles and the four you than do the other songs. This was also the case with singles released off of the album where "Never Going Rumours singles the chart. top ten on went But more importantly, the Back Again" was the song that album worked as a whole; the took the most listening. The best songs on the album songs belonged with each other. The album displayed the band's are Stevie's "Sara" and''Storms," pop Christine's "Brown Eyes" and incredible knack for genuine sensibility While appealing to .very Lindsey's "That's All For Everyone." diverse audiences. Warning: don't be scared off Tusk is now with us, after a Tusk Fleetwood Mac The Long Run The Eagles In Through The Out Door Led Zeppelin - - ' ' . by the title song Tusk; it's probably the most unrepresentative song on the album and eventually it will grow on you. The Eagles new album follows the direction of Hotel California. Gone, for the most part, is the mellow country rock sound primarily heard in the early years, particularly on the Desperado album. In its place is streamlined straight ahead rock. The addition of ex-Poco member Tim Schmidt has nowhere near the impact on the group that the addition of Joe Walsh had. Joe Walsh's influence is all over the album but Schmidt's influence is only strongly felt on the one song which he co-wrote and in which he sings the lead. This song, "I Can't Tell Ybu Why" is one of the albums two ballads and it is one'of thc best songs. The other highlights' include Joe Walsh's "In The City," previously available on the soundtrack of "The Warriors," the hit single "Heartache Tonight," and "The Sad Cafe." Strangely appealing is the cut "The Disco Strangler." 'While this album is lacking in any dreadful cuts it is also lacking in any songs that can hold a , candle to the Eagle's best releases. Led Zeppelin is coming off one of its least successful albums (we will overlook the intermediate live album) in Presence. What Presence was lacking is exactly what In Through The Out Door is filled with, genuine songs. Zeppelin was one of the few, if not only, bands of its genre to be consistently appealing to an IM audience while also having a healthy sampling of AM hits. This album brings them back to that point. There is great variety in style without any of the songs not sounding like Zeppelin. Furthermore, most of the album is missing the heaviness that was beginning to ground them. Every song on this album is successful in its own way, from the rockabilly of "Hot Dog," to the ballad style of "All My Love," to the sheer elegance and unexpected twistings of "Fool In The Rain." Even "Carouselambra," the longest song on the album, manages to stay a song and avoid' becoming the meandering piece of which Presence had far too many. Possibly their most successful album in terms of variety and vitality, this album should win the group several new fans without losing any of the old ones. November 8, 1979 Opinion 7 �Ophuls Links Memory And Morality cont'd. from page 1 Taylor, chief U.S. prosecutor at the Nuremburg trials, and Michael Frisch, professor of history at ÜB. The discussion, moderated by Dean Thomas Headrick, centered broadly on memory and justice. Speaking first, Frisch looked at the interrelationships between history, memory, and themedium of film. History is a collective objective "remembrance" of the past, Frisch said. Memory, by contrast, is a subjective, individual thing, he said. Memories come together to build history and act as a filter to help us understand and deal with the past. Films like "The Memory of Justice" are necessary to combat the phenomenon of "disjunction" (selective remembering) and force us to wrestle with the ambiguities that exist in our relationship with the past, according to Frisch. Taylor spoke about the varying perceptions of justice and their interplay with memory. Nuremburg, as an idea, he said, Moot Court Desmond Finals Draw Near by Tim Cashmore The largest field of competitors ever to participate in the Charles S. Desmond Moot Court competition will meet one another in oral arguments next week as the competition builds to its climax. Preliminary rounds will be held at 7 and 9 p.m. Tuesday, November 13 through Thursday, November 15. Semi-final rounds are November 16 at 7 and 9 p.m. The finals will be held at 2 p.m. on Saturday, November 17. The public is invited to attend all rounds. Thirty-eight teams submitted briefs, four more than last year's record field. The briefs have been graded by the Moot Court Board's Desmond Committee and will count for half of the total score. Scores given by the judges in the preliminary oral rounds will count for the other half. This year's problem involves two issues, a self-defense claim by a battered wife who killed her husband and the constitutionality of a state statute based on the Federal Speedy Trial Act. Nearly 150 local attorneys, judges and faculty members will act as judges for the oral arguments. The panel hearing the final round will be composed of former Chief Judge Desmond of the New York Court of Appeals, for whom the competition is named, Judge Matthew J. Jasen of the Court of Appeals, and Justices Michael F. Dillon and Richard D. Simons of the Fourth Department Appellate Division. Competitors and judges will attend an awards banquet at th" Great Gatsby following the fin. round. The Law Alumni Association is again sponsoring the banquet as its contribution to the moot court program. Associate members will be selected to the Moot Court board on the basis of their performance in the competition. They will help prepare briefs and drill teams for oral argument for the several intcrscholastic competitions the board enters in the spring. They will also help in the administration of the Albert R. Mugcl Tax Moot Court competition, the regional competition hosted by the UB Moot Court Board. includes not only what was said and done there, but also what has been said about it subsequently. are having a dinner. Time may act as a lens which either sharpens or fades the Sign-up and info in second floor mailroom. underlying image, he said. Of more relevance to law students, he pointed out the tension between the value of precedent ("the enshrining of memory in law") and the need for cont'd. from page 7 change. He noted tension is be placed in a contingency fund. deliberation should guide us," sometimes eased by reinterpreting The board has yet to act upon this Leavy urged. the past and cautioned that this recommendation. Perhaps Bissell summed it up reinterpretation can be Donovan and other board when she said, "We're solvent." tantamount to distortion. members are concerned about Following Taylor, Ophuls what will happen next year when immediately endeared himself to the SBA draws up a budget the audience by remarking that without the benefit of a $20,000 "people who inflict long films on surplus. The past few years has an audience ought to at least have seen a rise in the number of the decency to keep their student organizations coupled comments short." His comments with increased activity. A exhorted us to recognize our question remains as to what will obligation to pass judgment on happen next year if this trend the events depicted in his films. continues as is expected. Leavy Being non-judgmental "negates contends board members realize morality, memory, and justice," that important decisions will have Ophuls said. to be made next year about budget allocations. "Caution and Tony Leavy Married People et. al. SBA Surplus Explained , Marathon Review Remembrances OfRaces Past by As Jon Dußert 1979 draws to a close, many runners may look back with satisfaction on a summer of achievement on the road. A few races remain: the Marine Corps Marathon in Washington, D.C. on November 4, the Philadelphia Marathon on November 25, and in Buffalo, the five-mile "Turkey Day Run" on Thanksgiving morning. This last event extends from the Delaware Avenue YMCA down beautiful Delaware Avenue the New York State and Niagara to Niagara Square, then down Court Street around City Hall to County Bar Associations and inthe House of Delegates of the the Waterfront School Building. Opportunities for friendly American Bar Association. The Class of 1929, celebrating competition continue. However, as grey skies gather, the fiftieth anniversary of their graduation from law school, will many Western New Yotkers are be the guests of honor at the content to cut back their running especially if they are luncheon. The morning program will cross-country skiers as well begin at 9:15 with an official until it comes time once more to welcome by Thomas E. Headrick, train for the spring races. dean of the law school, and Meanwhile, this is a good time to Anthony ). Rcnaldo, president of reflect on the past year's running. This year I competed in three the Law Alumni Association. At 9:30 a.m. Honorable William J. marathons. Having already Donahue, executive director of described the Skylon Marathon, the Erie* County Industrial I'd like to portray and compare Development Agency, will speak the marathons held in Rochester on the history and organization of and Cleveland as well. The first marathon I entered development agencies in Buffalo and Erie County. His talk will be with intent to finish was in Cleveland, and the race was followed by panel discussions. Two panel discussions will run splendid throughout. The starting concurrently beginning at 10 a.m. line was on Euclid Avenue, for one Jiour and two others will immediately in front of the run concurrently from 11 a.m. Cleveland State University (CSU) campus. This location permitted until noon. At noon all of those attending runners to ready themselves for the program will join in one room the event in comfort. CSU's for a panel discussion on the bounteous facitities contrasted future of development in Buffalo. with the Skylon's jam-packed After that panel discussion has accommodations. Cleveland's course compared been completed, cocktails will be served followed by lunch and the well with the Skylon's. The Skylon neatly avoided the hub of luncheon program. The coordinator of this Buffalo, but Cleveland runners program for the law school Is trotted down the center line of Associate Dean Alan S. Carrel. He, Euclid Avenue through the heart along with Rcnaldo and Peter of Public Square. Then came the real important Jason have assisted Foschio with difference. The Skylon runner many of the arrangements. Alumni Convocation Set Leslie G. Foschio, chairman of the UB law school's Fourth Annual Convocation, announced the program for this year's event to be Urban Redevelopment. It will be held on Saturday, November 10 at the law school, and will be the most comprehensive program to date on Buffalo's current project. Prominent local leaders from both the public and private sector will be joining national experts in the field of urban redevelopment for morning panel discussions, to be followed by a luncheon at which Samuel S. Beard will be the guest speaker. Beard, former staff associate to the late Senator Robert Kennedy, is the founder and president of the National Development Council, a private corporation, which has worked on various public service projects since 1971. The Council's achievements in advising small and medium size businesses in 41 cities across the country on financing resulted in its being selected in March of 1978 to coordinate President Carter's Neighborhood Business Revitalization Program. At the luncheon the Edwin F. Jaeckle Distinguished Alumnus Award will be presented to Clarence R. Runals, a Niagara Falls attorney, who graduated from the law school in 1915. Runals, a Fellow in the American College of Trial Lawyers, has previously served as president of Opinion 8 November 8,1979 - entered a scenic but uninhabited stretch of twenty miles after hundred more yards than the official distance. The fellow crossing the Peace Bridge. None finished third rather than first. will dispute the beauty of the For this, the race director was Niagara Valley. Yet, with due fired. Never mind that he had respect, the presence of a glass of done a magnificent job otherwise; water to a runner at a time of bring out the pink slip. need is frequently of far greater In addition, the current mayor help than the loveliest vista. of Cleveland appears to believe his Nowhere on the Skylon course city's marathon cost more than it did I see a homeowner out with a was worth. Tuesday's election table and a dollar's worth of may make the gentleman's beliefs water-fiHed paper cups. The only academic. drinks on the Skylon course were I was born and raised in the those provided at the official aid Flower City, so I had great stations. Contrast this with expectations for the Rochester Cleveland. Marathon. The adequate Soon after entering the West accommodations at the Side we passed through an official Downtown * YMCA made race station. Then a curious thing preparations pleasant. The start of happened. Suddenly here were all the race, down East Avenue from these people on the curb, little the Liberty Pole, was most children with cups of water, their impressive. But the presence of parents behind them filling more numerous hills soon cast a pall, which was not lifted as ruhners cups. People were not saving the noticed a paucity both of aid water, or oranges, or whatever, for stations and of the popular their own families' runners, or for generosity so evident in Cleveland. Also, the course wound their own friends. They were giving freely to people whom they through countryside even less had never met and might never see settled than that of the Skylon. again. Their great-heartedness This" made the absence of aid deeply impressed me. stations, formal or informal, even There is little more to say more striking. Fortunately, the about the Revco-Cleveland race marshals' diligence prevented Marathon. The course was serious difficulty. Still, I'd predominantly flat; the aid expected to come away with a far stations were well run; CSU's better impression of the race than excellent facilities were I did. appreciated even more after the In closing, I recommend the race than they had been at the Revco-Cleveland Marathon start. The post-race dinner was wholeheartedly, assuming it will most pleasant, with remarkably not be altered significantly. I'm a speedy service. The event was bit less enthusiastic about the perfectly run for the first-time Skylon Marathon. As for the I'm competitor. I strongly recommend Rochester ' Marathon, it for those who wish to begin surprised that Genesee Beer, the their marathon careers next year. prime sponsor, did not make its However, two additional points presence felt more strongly. More should be mentioned. assistance from Genesee could The race director ran the race have improved the race very well, but made one fatal substantially. error: he didn't take care of the I believe in every one of these "stars." In the shorter companion races, good work was done by race which started after the both organizers and volunteers. marathon, a highly-publicized Furthermore, the Buffalo Sabres' runner was misdirected by a current slogan is apt: The Best Is policeman, and had to run a few YetTo Come. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-11-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/8/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/86efc76f1eff398dff391260098d95e3.pdf 67d0d1450b22da2b047c144c4161471b PDF Text Text Professor Asks By Amy Understanding psychiatric patients. Cartwright said the major Last semester was the first time Bliss Cartwright taught "a hard professional adjustment he had to core law course," as he puts it. He make as a law professor was one joined the law school's faculty in of style. He conducted many September, 1979. Cartwright, research courses in the past. He who has a Ph.D. in Sociology, found that brand of teaching taught sociology ot law, statistics more informal and policy oriented and methodology for the ~UB than the clinical, technical side of the law Department of Sociology from academia 1973 to 1975. He then taught for emphasizes, he said. "Once you commit yourself to both the department of Sociology and the School of Law at the teaching somatically," Cartwright University of Virginia in said, "it's a real shock to realize Charlottesville, before returning you can't get by with just a basic understanding. First you think up to Buffalo. Cartwright seems to be -how to present certain material, adjusting to the transition think through all of the admirably, claiming to be very alternatives the presentation glad to get back to lovable suggests, then you readjust. ItS an Buffalo. He and his wife, Rita ongoing process." Cartwright finds law students a KirsTistein, confirmed downtown dwellers, found Charlottesville a challenging breed to teach, pointing to what he calls "their shade on the small side. Kirshstein is also a sociologist, highly refined sense of notice," and a research associate for the their apparent need to be told Department of Psychiatry of the exactly what is to be covered. "The first time I referred in UB Medical School. She is conducting a statewide study of passing, or so I thought, to a Jo Fricano deinstitutionalized • _ Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 of "Rookie minor detail on page such and such, I couldn't believe it when all of the text books whipped open and the pens started flying," he remarked. "The hardest thing to figure out has been how to allocate class time. Law students seem to sense that importance is a function of time spent. The density of reaction time means that if you spend too much time on esoteric detail, you convey the message that the detail is important," he said. "For example, you teach the gist of a statute, then you've got to figure out how to get its intricacies across without muddling the main points you've already made," he explained. Cartwright also likes his law professor colleagues, but finds them not without their own set of eccentricities. What little professors lack in a "refined sense of notice," they make up for in the pursuit of developing "materials" with which to teach their courses. Cartwright said it seems that a law professor's philosophy of legal education is the Id of his "materials." This semester Cartwright will be teaching a two credit seminar called "evaluating research exhibits," as well as consumer law with Professor Spanogle. He also has a variety of projects on the burners. One paper, which will be published soon, is called "Haves and Have-Nots: Party Outcomes in State Supreme Courts, 1870-1970." The study attempts to evaluate patterns of outcome in appellate decisions by party characteristics (i.e. individual, business, government), area of law issues and dollar amount of award. Cartwright also has been involved in research for a project sponsored by the National Endowment for the Humanities on "The Social Role of Courts in the Hawaiian Monarchy." The study entails a comprehensive inventory and indexing of lower court record* for the period of Opinion Volume 20, Number 6 transition to work on, but in general is very laudable to the students, the The still confidential final faculty and the spirit of the law report of the five person school. It's a very positive American Bar Association (ABA) report," Headrick said. , The report reminds the SUNY accreditation team which visited the law school in November administration of its responsibility contains no surprises, according to 'to help the law school become by Carol Gardner first-rate, I Headrick said. This reminder is no surprise to SUNY officials, who are sympathetic to the school's need for money, according to Headrick, but are constrained by their own budgetary problems. Headrick said the report helps — mike shepiro Illustrious Baird Point was recently forsaken as a possible site for graduation. A suitable replacement has not yet been chosen. Some suggested possibilities appear on page 4. to point out the inequity that exists between the subsidies the law school receives and the amounts of money received by other sections of the university. Headrick and UB President Robert .Ketter have received copies of the confidential report. They have thirty days to respond to the ABA which will then consider reaccreditation. The ABA will then pass a resolution continuing or eliminating the law school's accreditation. Even if the ABA grants reaccreditation, the resolution probably will contain descriptions of any deficiencies the team found, Headrick said. The law school has a right to object to these comments before the resolution becomes public, Headrick said. He expects the resolution to come out sometime in the spring or summer. The accreditation team visited the law school on November 12, 13 and 14. A consultant to the ABA section on Legal Education and Admission to the Bar, James White, associate dean at the University of Indiana at Indianapolis, selected the panel. A law school administrator, a law librarian, an active law school faculty member, a practitioner and a researcher made 'up the team. None had any previous involvement with the law school. They inspected the school to see if it met the ABA standards concerning many aspects of the operation of a law school from the budget to the alumni association. - in Hawaii monarchy to territory. from Family law cases and commercial cases will be the first to be evaluated, since these two areas underwent dramatic change during the 19th Century. During monarchy the Hawaii was basically feudal. The law had not developed a clear concept of ownership. By the end of the period, the burgeoning sugar coupled with industry immigration brought the introduction of British-American concepts. The property missionaries brought their own complications to the family courts. Cartwright's broad range of interests make vwm a welcome addition to our faculty. He claims to be having a great deal of fun teaching law and said he "hopes students will be reasonably tolerant" of any rookie tendencies he might display. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 January 24, 1980 State University of New York at Buffalo School of Law Accreditation Report: No Surprises Dean Thomas Headrick. Headrick called the report very fair. He said it was a balanced review which addressed areas in need of improvement and praised aspects of the school it found commendable. "It points out things we need Tendencies" Congratulations! 184 graduates took the July, 1979 bar examination and 161 (87.5%) passed. That compares with 73% in July, 1978 and 83% in July, 1977, according to Dean Thomas Headrick. First Year Moot Court Ban Proposed By APPC A key resolution affecting future first year UB law students and the Moot Court organization is on its way toward official adoption. The resolution, recently passed by the Academic Policy and Planning Committee (APPC) would prevent first year students from participating in Moot Court very early and crucial stage. Tim Cashmore, director of Moot Court, said while some students may find the time commitment too much, the competition is structured so as to allow anyone to pull out at any stage. "I think it is too much for competition. some," he said. "But we have Associate Dean Barry Boyer, an APPC member said some faculty members believed first year student's participation in Moot Court "interfered with people's work in class." Fred Konefsky, a first yar contracts professor said he is against allowing first year students to participate in a Moot Court always been willing to let people drop out at any time in the competition. We've left it up to people to judge for themselves. First year civil procedure professor Paul Spiegelman said he competition. "It has a deleterious effect on the first semester experience," he said. Konefsky said missed classes and insufficient preparation are only two of the problems first year students bring on themselves by participating in Moot Court. Konefsky said the extra time and energy first year students devote to Moot Court interrupts the flow of the first semester at a believes some decisions made by first semester students are not well considered. "First semester, first year is a very, very difficult emotional time and the judgments made at that time are not necessarily the best," he said. Spiegelman and Boyer also said they believed many students did not understand the extent of Moot Court participation. "I'm afraid of them not knowing what they're getting into in terms of commitment of time," Spiegelman said. . - continued on pope eight �Opinion vc2o.no. 6 - ,an 24J980 Editor-in-Chief Randi Chavis Managing Editor Amy J o Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Karen Spencer. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Editorial Moot Court Conduct Denies Due Process Letters to the Editor: No'News Is Bad News: Opinion Criticized To the Editor: This school is in danger of losing an important vehicle for the dissemination and exchange of information, for the expression of community spirit, and a means by which can be change initiated/implemented within and for the benefit of this institution. Opinion has been sinking for some time. But when I am told there is "no news", I must respond. No news?! People, projects, programs, changes ;> growth, regression all are news and all occur on a daily basis within the walls of O'Brian. Two years ago I shared in an incredibly personal experience that seems yet today like an intense "forty days and forty nights." The creation of the videotape collage, "The Buffalo Law School," was an attempt to convey the spirit that pervades this law school. I am willing to bet this spirit exists in no other law school in the nation. From behind the camera to the editing room, I began to see this community — this as "the Buffalo Model", a phrased coined a few years ago by a report issued from the Dean and endorsed by the prefer to see and faculty. feel this synergistic whole as a student body composed of men and women from all walks of life who have a unique opportunity because of the variety they represent to share of I themselves and among themselves; a faculty that represent a similar variance whose personalitites, interests, teaching styles, etc., cover the entire range of the spectrum; a support staff who are a vital link and at times the lifeline in this institution; and an administration that — despite bureaucractic pressures from conwithout and within tinues to be involved and — responsive. The potential for creativity, for growing is great. The source of that potential lies us. very simply with So, who is "us"? No news?!?! What is the SBA or the Na- — Librarian? What would this place be without Myron? What is the Registrar doing to make life a little easier besides mercifully designing a schedule so we could fit 18 sections of Research and Writing twice a week without much hassle? What has th,e Dean been up to lately besides to his neck in complaints? You don't have to wait for a Watergate to occur in the bowels of O'Brian before you have "news." Mifst you simulate the national and local news media (including The Spectrum)? I am not intending to place full blame on.Opinion for its sad state of affairs. What I would like to see is a change in style for the newspaper. Trying to live up to past talents who no longer form part of this community is an almost certain death. It is time to change and reassess what role the paper can play in the growth and general welfare of this communtiy. In addition I would like to tional Lawyers Guild doing? see a more responsible comLook at how Placement has mitment for the law school as a synergistic whole. changed over the last few community to contribute to Sometimes that whole may years. Why is Konefsky in- Opinion, particularly the seem like a bureaucracy to one terested in Daniel Webster and students, since it is in effect Last week two members of the Moot Court board individual. We are not always what is boundary theory? Has "their" paper. But I encourage endured a painful and insulting attack on their character and on the same sides. Yet, it is a BALSA got some project going faculty and staff to paticipate integrity. They were put "on trial" for alleged misconduct living, breathing entity. There we would benefit hearing as well. is much to write about what about? And what is BLP into I apologize for the length of during the Moot Court competition. is these days? And Moot Cburt? this letter but since you had no goes it; on of where it inside Court board found from the Moot guilty, expulsion If would have ensued. While the vote was extremely lopsided trying to go; and most of all Law Review it is a stigma or "news", I figured you would WHO makes it what it is. status depeniding on which have room for it. I just wanted in favor of the accused, all cannot be easily forgotten. Just walk down the halls and side of the fence you'are on — you to know that I care about The board members on trial were separately charged you and this school. with receiving outside help during the competition in read the cartoons and excerpts why? And just what is a law violation of the "no outside assistance" regulation. What carefully selected from the Karen Spencer .constitutes "receiving assistance?" The vagueness of this paper — the graffitti and the review? Research and Writing Vegulation is immediately apparent in that specific violations art work seen in the offices and might change aga/'n?f TKe elevators — this place is alive library is waiting for its 100th PS. Do we REALLY need a defined. x)ue process considerations require a person have and well and living in BUFBitch Ticket.. Does anyone cooking column? the FALO! know that Nina Cascio has hell posed for that picture, advance notice of what constitutes a violation. Some people refer to all of been officially appointed A-V anyway? The two accused competitors were asked, at separate times, to meet with Moot Court officials. After a discussion of the circumstances surrounding each incident, both students left their respective meetings under the impression that no adverse action would be taken. This was not to be. Carrick for the thankless task Kaplan, for his incredible Both competitors were assessed five point penalties. The To the Editor: perseverance and penalty prevented one of the accused competitors from I wish to publicly thank Iris of preparing 250 Legal dedication, making the board. He appealed the decision and a majority Reese, for her incredible typing Research questions and answer patience, and all the TA's who, of board members with a quorum present, voted to strike ability; Martha Howe, for her sheets; Kathy Lehsten, for typ- despite an oral contract, came efforts at the messy mimeo ing them; all the faculty who through in the end. the penalty. " Without your help, I would Since both individuals had now been scrutinized and still machine; Shirley Choises, for so willingly responded to my accepted to the board, one would think the matter closed. getting all those materials desperate cries for help; never be alive today. Thank you. finally on Reserve; Karen Charlie Wallin, for his schedulNot by a long shot. Last week the matter was reopened in an expulsion Smith, Verdi,i Jenkins, Linda ing feats; Bill Creiner, for his Karen Spencer proceeding brought against the two members. Res judicata Cohen, Nina Cascio, and Kathy last minute efforts; Milt should have been applied. The issue in last week's hearing President's Corner was not simply whether the board members should be expelled. It was whether the specified competition conduct should be penalized. The verbal attack these two board members were forced ' to submit to, the fact that the issue dragged on for two full SBA's accomplishments last the courses they teach for use by semester were more subtle than students when registering for months before it was resolved, and the total lack of due those of previous years. We had courses. Although the booklet was process afforded the accused are far more serious examples no major grade referendums, no not available for this semester, it of misconduct than anything charged to the competitors. tuition hike to fight. However, we 4s near completion. SBA Director Even now, one of the accused competitors doesn't know the have been influential in Melanie Pierson deserves much identity of the board members who reported his actions. determining the grading system credit for initiating and guiding Doesn't one have a right to be faced by his accusers? for research and writing. A related the project. The need for rewriting the competition regulations and problem, with which SBA is Moot Court by-laws has clearly been shown. There is The past semester was not currently dealing, is the question composed of all successes with no nothing wrong with invoking a penalty for a violation of of whether first year students failures. The appointments competition rules. Nor is the severity of the penalty being should be allowed to compete in process, by which students are questioned. In the present controversy, however, while a Moot Court. Additionally, it selected to serve on violation may have occurred, the vagueness of the rules by Doric Benesh appears as though the ceiling of faculty-student and SBA defining a violation, combined with the omission of a financial aid may be raised for law committees has been criticized penalty clause and a lack of established procedures to deal The beginning of a new students, thanks to the diligent and is currently being revamped. with alleged violations, severely complicated the situation. The total lack of due process afforded the accused semester is cause to reflect upon efforts of SBA Vice President Jay A big sore, spot concerned competitors is an outrage. Disregard of procedural and past accomplishments and errors Marlin and administrative problems our finance committee has in administering its funds, substantive due process considerations cannot, especially in as well as reason to adjust and personnel. Another accomplishment is the problems resulting more from the a law school, be tolerated. Only time will tell if the scars of establish new goals for the handbook discussing faculty and upcoming months. those who have been hurt will heal. - continued on page eight — , ThankYou Thank YouThank You ThankYou ■ : A Look Into The Past And The Future , 2 Opinion January 24, 1980 �Writing Contest Set CHICAGO - The American The competition is open to all Association's Section of law student members of the INCL Insurance, Negligence and Section currently enrolled beyond . Bar Compensation Law (INCL) has announced sponsorship !of .the 1980 Medicine and Law Student Writing Contest. Miles J. Zaremski, contest coordinator, said, "The contest provides a great opportunity for law school students interested in medical/legal areas to express themselves on a level that will receive national attention, particularly since all papers are considered for publication in The Forum, INCL's scholarly journal, which is distributed to lawyers throughout the country." Zaremski announced that the first place winner will receive a cash award of $500, and that the winning paper will be published in The Forum. Second and third place winners will receive awards of $250 and $100 respectively. Essayists are permitted to choose any topic which concerns emerging legal issues in the area of medicine and law. Entries should be a minimum of 3,000 words in length and must be original, unpublished works. their first year in ABA-approved law schools. Non-member entrants may join the section when requesting or submitting the official registration form. All entrants must pre-register their intent to submit a paper by February 1, 1980. Completed papers must be postmarked on or before April 15,1980.The results of the competition will be announced on July 1,1980. Selected members of the Medicine and Law Committee will judge the entries, and their decision will be final. Entries will not be returned, and the INCL Section reserves the non-exclusive right to publish any or all of the essays. Official contest regulations, registration form-s and membership applications' may be obtained from Nancy Parker (312/947-3868) at ABA Section of Insurance, Negligence and Compensation Law, Medicine and Law Student Writing Contest, 1155 East 60th Street, Chicago, Illinois 60637. * King Tribute To Be Held The Fifth Annual Tribute to Dr. Martin Luther King jr., sponsored by the Minority Faculty and Staff Association at ÜB, will be held on Friday, January 25. The event will include a luncheon with Assemblyman Arthur O. Eve as speaker and an evening ke.ynote address by Marcia Gillespie, editor-in-chiefof Essence Magazine. The luncheon will be held at 12:00 noon in the Mary Talbert Dining Room in Talbert Hall on U/B's Amherst campus. Reservations can be made through Sheryl Ogden at 831-5636. Ms. Gillespie's speech will be presented at 8 p.m. in the Faculty Club Dining Room in Harriman Hall on the Main Street campus and will be followed by a - : .,. reception. As editor of Essence, a post she has held since 1971, Ms. Gillespie heads a publication with a circulation of 600,000. It is "the only magazine edited solely with the Black woman in mind," she states. Ms. Gillespie is the recipient of the Mary McLeod Bethune Award of the National Council of Negro Women and the 1978' Federation of Record Executives Women of the Year Award and has been named by Black Enterprise magazine as one of the most important Black women in American business. Most recently, she received an "ACT Accolade" presented by the Advertising Communications Times and the 1979 New York Women in Communications Matrix Award for Magazines. SPRING & SUMMER LAW GRADUATES: POOR ■dSBSI ■mHIJI rEED your help> SPEND A YEAR IN POVERTY LAW. gETVISIA America p eb. 27, 4 p.m., O'Brian Law Amherst Campus. School, UB Hall, Placement Office 28, Peb. INTERVIEWS: UB Law School, 3rd Fl. O'Brian Hall. Make appointment now. INPOi MTNG.: Special People... People Who Care Guest Opinion Student State Senator Suggested By Marc Ganz - "1980 Student votes decide election for President." This headline is hard to imagine. Many students ignore the possibilities of their political power. Yet there is a solution. Students would vote if they had a fellow student to vote for. I propose a student run for New York State Senate. This effort would probably restore some semblance of student activism and finally settle the question of whether students may vote from the dormitories. It is extraordinarily simple to run for State Senate in New York State. A petition must be filed with the county board of elections with a small number of registered voters' signatures. TheX candidate must be a registered voter from that district and have enough organization to get the 500 to 2000 signatures necessary to withstand the expected challenges from political rivals. Think of the political impact of such a move! If the candidate is charismatic and can create an atmosphere of unity and excitement, students will come out of hibernation to register. . Issues will fly through the air like bullets. Other candidates will say, "What, a student running for office? NEVER!" Yet when the event does happen, as I predict it will within the next four years, the opposition will say students are trying to take over. This is not true. What a student running for political office may be trying to say is that students have the same political rights as anyone else: Crangle, Griffin and Joe College all have the same right to run for office. Only ]oe will be challenged, however. Running a student for political office is the only way of showing these prehistoric characters this is serious business. Would there have been a tuition hike with student representation in the State Senate? 'How about financial aid? Or any other student related issue? Students are not treated fairly because they arc not represented. We must fight fire with fire. Presently the Erie County Board of Elections illegally rejects dormitory voters' applications to vote in Erie County. Most student leaders want students to vote in the county in which the dormitories are located. There is a constant battle for the right of dormitory students to vote here. Yet travelling business executives and college professors, who, statistics show, move more often than students, are permitted to vote here. Students are discriminated against because they have the potential power to organize and gain representation. It is politics as usual versus denial of first, fourteenth and twenty-sixth amendment rights of electoral strength. If candidates ran for office from the dormitories, students would become interested in the events "around the campus. They would participate in the political dialogue as opposed to the apathy that presently pervades the campus. There is utility in running a student candidate for political office. If anyone is interested in running for political office, and thereby gaining an education that no political science professor could teach, please contact me. With proper legal advice, students could gain the political input they deserve. Tapped? Financial Aid Deadlines Approaching that time-, of year the third floor of O'Brian Hall and again. No, not just the from the financial aid office in beginning of another semester, Room 314. Any student who wishes to be but time to fill out financial aid considered for either a National forms for next year. the Qirect Student Loan, work-study The financial aid forms FAF and the UB Financial Aid for next year, or a work-study job Form, are now available from the for this summer, must fill out Admissions and Records Office on these forms. It's University of &an Diegp INTERESTED IN SPECIALIZING? . LL.M. IN TAXATION LL.M. IN CRIMINAL LAW • • • Teaching Fellowships Available Full-time and Part-time Programs Offered Quality Programs of a Fully Accredited Law School • For dtuili contact: M> Mary Lthto UNIVERSITY OF SAN DIEGO SchoolofLaw ' GraduattProfram Alula' Park SanDitto, CA Ml 10 • • t T "•" 1 xii"*V iJHJ (714) 293-4526 USD. dots nol dhcflmiiuli on ihi basil o< rttti», colat. tiNfion, incctlrv, Of hindmo in in policies intt pioff*ms <•>. naiionil otum. The deadline tor the submittal of the FAF, which must be sent to the College Scholarship Service in Princeton, New Jersey, is January 28. The UB financial aid form must be submitted to the financial aid office by February 28. These deadlines are strict and must be complied with to be eligible for funding for next year. In addition, under new federal regulations, a financial aid transcript must be sent to the UB Financial Aid Office from any post-secondary school that you attended, even if you did not receive any financial aid. The financial aid transcript forms are available from the Admissions and Records office and from Room 314. TAP forms and NYHEAC loan applications for 1980-81 will not be available until the endof April. Students with further questions about the various loan programs, independent status, SUSTA or other aspects of financial aid should contact Jay Marl in in Room 314O'Brian. January 24,1980 Opinion 3 �Pomp And Circumstance: Where's It At? Apparently in deference to and in memorium of our initiation to the Socratic Method of legal doctrinal discovery, the Commencement Committee chose the Gree-set environs of Baird Point for our farewell to UB Law. The stately post-graduation ceremony procession might have culminated in a hearty parade about such "esthetic" and "truly spectacular surroundings" as these. See Commencement Committee letter (Dec. 14,1979). If rain on graduation day were to put a damper on the Baird Point idea, the ceremony was scheduled for relocation in aesthetic Clark Hall. (Various aesthetes here' portrayed at play.) Elderly kin of 1980 grads would have been afforded easy access to the ceremony only a short walk from these luxurious accomodations. Responding to overwhelming popular dissent, however, the Commencement Committee ruled to change the site of the graduation ceremony. A new site has not yet been cited, but insightful students have duly noted the following sightings as worthy possibilities for consideration. After some minor tidying, this location, the newest on campus, would provide the ideal setting for the first graduation tof the new decade. What could be more a propos for commencement than to share with our loved ones the beautiful environs we've come to take for granted during our three year tenure at UB Law? — photos by mike shapiro But seriously, folks, assuming the Amherst Campus was selected to house our ceremony, is it not sensible to hold the event in Room 212, as we could not reasonably expect to attract a crowd to even fill this space? 4 Opinion January 24, 1980 �e /^ ° Class of 1981, Second Semester DISCOUNT ■ ■ ( S A YE at least w SAVES2S When you register for (O^Ol/O/^f' 5 NEW YORK BAR REVIEW COURSE Remember: The last day to save off the price of your course is Feb. 28. A $50 deposit will insure the savings. A $100 deposit entitles you to the books NOW. ibwbri Will the following please check their mailboxes: Ricky Samuel Carla Gersten Erik Lindauer 401 Seventh Avenue/Suite 62 New York, New York 10001 (212)594-3696 Leslie Wolffe Therese Rahill Mike Chakansky . Doric Benesh Paul Israelson Rosie Gallick Joan Warren Jay Marlin Deborah Kubiak Francine Bruno Patricia Jayne Renee Lapides January 24,1980 Opinion 5 �Culinary Counsel You Haven't Tried Anything 'Til You've Tried This by Karen Spencer little girl the only train I ever rode was from East Aurora to Buffalo during a kindergarten outing, the only bread I knew was Wonder, candy was a favorite treat but my awareness went little beyond the Three Musketeers Bar, cheese was spelled K-R-A-F-T, eggs were white, and fish meant fish sticks. Food stores were supermarkets where you bought everything you needed. I had an all-American, ethnically deprived childhood. Then, it happened. I was given a new family overseas at the age of seventeen in Northern England. Mum and Dad Brogden introduced me to "fish and chips" years before the colonies ever dreamed of Arthur Treacher's poor imitation. Topic bars and Cadbury's Milk Chocolate became a steady diet after school when I would stop at the sweet shop on my way home. Dover Sole Mornay, fresh wheat berry bread from the bakery daily, milk that was the consistency of our heavy cream Americans don't know what real cream is and I cringe every time Sarah Tucker uses "new, improved Cool Whip"!, Cheshire and Double .Gloucester cheese, brown eggs, trifle, but wait the best is yet to come: Bird's Qistard. Bird's Custard Powder when combined with English milk and sugar and heated over a low flame turns into this wonderful, magical, warm and thick but runny egg custard sauce that makes everything you put it on sheer ecstasy bananas, peaches, cakes, Grandma's apple pies. I became addicted to Bird's Custard. And that reminds me Grandma's apple pies and apple/rhubarb pies and gooseberry pies oh! how my sweet tooth loved living in — - — — England. — - - home and a very fussy shopper. I learned from him the correct and thorough way to clean pots and pans, which knife was the bread knife, etc. I discovered small shops each specializing in vegetables, beef, pork, baked goods, sweets, cheese, fish, etc. Each was small and intimate and all the sales clerks called you "luv". Dad and Mum often disagreed on how thick to make the custard and at that point I usually sided with Mum. I had arrived in England a little on the chunky side from whence the nickname Chunks is derived and still remains and in less than three months I gained 20 pounds. "Food! Glorious food! Wonderful food! Fabulous food!" I could have played the role of Oliver very well with "Please, Sir, I want some more!" I wish to dispel the American myth that British cooking is devastatingly boring and uneventful. The British have the same opinion or worse of American food because of the importation of McDonald's, Kentucky Fried Chicken, etc. All those fast food places have really given us a bad name. So let's call a truce with the mother country as we did in 1776. My English Dad has kindly consented to send some recipes for this issue] You will note the English style and where translatable I have done so.* I have added an adaptation of my own for the all-time favorite Trifle and pulled a few classic recipes from my English cookbooks. Incidentally, anyone travelling in England mfght enjoy booking a week or two at Caledonian House. Mum and Dad now run an establishment of "holiday flats" an old Victorian house at the seaside in Northern England that has been modernized and split into what we call studio — - ■ - - apartments living, dining, sleeping rooms with kitchenettes. You share the bath and "lou" with other tenants. I can guarantee you clean hospitable quarters and lively entertainment from the host and hostess. Although they don't serve meals, Mum and Dan can guide you to the best shops or restaurants in the village. Mention "Chunks" and Opinion ajid you will be given preferential treatment, I am sure. Write: Mr. and Mrs. Keith W. Brogden, Caledonian House, 350 Clifton Drive North, St. Anne's-on-the-Sea, Lane. TYB 2PB, ENGLAND. (Good golfers take note St. Anne's holds the British Open each year!). Wash the kidney in salt water; dry, skin and cut into small pieces. Toss both in seasoned little color. About one hour. flour. Finely chop the onion and Sufficient for 5 or 6 persons. add to the meat. Fill the lined basin with this mixture and the Cheese Souffle water or stock. Turn pastry edges 3 oz. grated parmesan cheese down over the meat and brush all 1 oz. butter round with water. Roll remaining 1 oz. flour pastry into a round to fit the top. 3 whites of eggs Place over the meat and press 2 yolks of eggs down round the edge to seal. Cover with foil and tie securely V* of a pint of milk cayenne with string. Place in a steamer salt and steam covered tightly for 3-4 clarified butter hours. dredge with sugar. Return it to the oven, and bake until the meringue hardens and acquires a Coat a souffle mold well with clarified butter and tie round it a well greased thickly folded piece of paper to support the souffle when it rises above the level of the tin. Melt the butter in a stew pan, stir in the flour, add the milk and boil well. Now mix in off the fire the two yolks of eggs, beat well, then stir in the cheese and add seasoning to taste. Whisk the whites to a stiff froth, add them lightly to the rest of the ingredients. Pour the preparation into the souffle tin and bake in a hot oven from 25 to 30 minutes. Serve in the tin in which it is baked, and if not provided with an outer case, pin a napkin (previously warmed) and send to table quickly. From 40 to 50 minutes, sufficient for 5 to 6 persons. Scotch Eggs 4 hard boiled eggs 1 Ib. sausage meat 1 egg breadcrumbs Peel the hard boiled eggs and cover each egg with 4 oz. of sausage meat. Coat each egg carefully with an egg wash and then dip in breadcrumbs. Fry in hot deep, fat until golden brown. Then place in moderate oven for 20 minutes. Serve hot with chips and tinned spaghetti in tomato sauce. Approximately 1 hour, sufficient for 4 persons. Those are selected from the few Dad sent over. The following is a classic very similar to the one served at the Asa Ransom House in Clarence, both of which I highly recommend (i.e., the pudding and the restaurant). The best I have saved for last, Trifle. There are many ways to vary a trifle depending on the flavors you wish to present. Below is my Americanized version I have made often. Ask anyone in the A'V Department about it they had a taste of it at our Christmas dinner last December and a couple unnamed gentlemen split the A friend who lived in Yorkshire remainder to take home after had roast beef and Yorkshire) dinner. Pudding every Sunday during the year she spent in England. Despite Spencer Special Colonial Trifle Grandma's attempt, I have never 6 trifle sponges, imported from tried to make one but here is a the Mother country, (a sponge recipe for those who wish to try: cake like a jelly roll or lady fingers will do, if you must Yorkshire Pudding make a replacement) 4 oz. extra fine flour 1 pkg. frozen strawberries, thawed pinch of salt 1 banana 1 egg 1 can mandarin oranges, Vi pint of milk drained and juice saved beef dripping various nuts, chopped 1 large package strawberry jello Sift flour and salt, make a well 1 pint Bird's Custard, not real in the centre, add the egg and a thick (Bird's Custard can be little of the milk. Stir, drawing in purchased at Premiere Cheese the flour from the sides. Beat wellShop on Delaware Aye. in until smooth. Add half the milk Kenmore and possibly gradually, stirring and beating Sammy's on Harlem Rd. in thoroughly. Beat for a few Eggertsville. If you can't get it, mintues, stir in the remainder of use a package of vanilla the milk and leave the batter to pudding) stand for half an hour. Select a Yorkshire Pudding tin with abase 1 cup of heavy whipping cream. measuring 8% x 6 inches (I would guess an 8 inch cake pan could substitute), put 2 tablespoonfuls Place trifle sponges in a large of dripping in it and heat in the dessert bowl. Pour over top the oven until a blue smoke is seen. thawed strawberries. Add the Stir the batter thoroughly, pour mandarin oranges, sliced banana into the tin. Time: Bake for 30*to and nuts. Make the jello and let 35 minutes at 425. Serve set partially. Pour over sponges immediately. and chill. Make the custard or pudding and cool slightly before I had a friend complain to me that pouring on top of the jello. Chill. all she ever got in the morning When ready to serve, whip the with her toast while touring cream with a little sugar and England was Orange Marmelade. I, vanilla and spread on top. on the other hand, made a quick Decorate with nuts and serve. Variations: Change the fruit discovery thanks to my Dad's sweet tooth, of Lemon Curd. I and flavor of the .jello to made it once back here in the raspberries, peaches, etc. States and it brought memories *These recipes are based on soaring back. It is a lovely lemon Imperial weights and measures. jam: The following table should help transfer to American: Lemon Curd 6 oz. butter Imperial U.S. 1 Ib. sugar 1 tbsp. VA tbsp. 4 eggs or 8 yolks 4 oz. flour 1 cup 3 lemons 2% cups 1 pint milk 1 oz. sugar 'A cup Wipe lemons and grate rinds. 3 oz. cheese % cup Steak and Kidney Pudding I could get my English Pudding Crust: Grandma to write her recipe down 8 oz. self-raising flour for her apple pie, but she has a 4 oz. margarine sixth sense when it comes to 4-5 tsp. water pinch of salt baking and proceeds until things look or feel "right". She taught Filling: me once how to make Yorkshire 1 Ib. stewing steak 6 oz. ox kidney Pudding, and it was the best Queen of Bread Puddings comedy act ever performed in the1 pint of milk 1 tbsp. flour '/2 tsp. salt kitchen. 'A pint of white breadcrumbs My Dad was in the profession % oz. butter 'A tsp". pepper of food. He had worked his way 1 oz. sugar 1 medium onion from the bottom to the top, knew 4 tbsp. water or stock 2 eggs all the aspects of the food more spices as preferred and the grated rind of one lemon sauted mushrooms apricot or raspberry jam business and ran a right ship as the catering manager for the University of Manchester. This Boil the milk, pour it over the Grease the inside of a 1 'A pint entailed not only the cafeteria and breadcrumbs, add the sugar, pudding basin. To make the Tiffin Room as we know it here at butter, lemon rind, and when it Pudding Crust, sift flour and salt, SUNYAB but wonderfully, has cooled a little, stir in the rub in the margarine, and mix in elegant presidential dinners and beaten yolks of eggs. Place the the water to form a moderately Paul (Passa the Pasta) Suozzl, banquets with full sets of china mixture in a greased pie dish, and soft dough. Cut off 1 /3 and set it Culinary Counsel founder, was the table and crystal laying and bake for about 10 minutes or aside. Roll remaining pastry recently the best of continental cuisine. until set. Now spread on a thick lightly until thin. Line the Culinary Inducted Into the Counsel Hall of Fame. Keeping this in mind, Dad was the layer of jam, cover with the pudding basin but do not trim. He Is on the verge of publishing chief cook and bottle washer at stiffly-whisked whites of eggs, and Cut the steak into small pieces. I wish - Opinion 6 January 24, 1980 Melt butter in a double saucepan, add sugar, lemon juice and grated rinds and dissolve. Add the beaten eggs or yolks and stir constantly until it thickens. P.our into pots. Cover as for jam. - Help Wanted what will undoubtedly be an award-winning article, "Legal Problems in the Culinary Arts Risk Allocation Theory and the Collapsed Souffle." Karen (Cook in' and Book in') Spencer, Paul's able successor, has announced her Impending retirement. Top culinary critics believe she will be a strong candidate for election to the Hall ofFame. As can be well imagined, the highly esteemed vacancy soon to be available wilj be a challenge to fill. Students or staffInterested in the position on a full or part-time basis should contact rm. 623 as - soon as possible. �Pep Talk Olympw Boycott by Joe Peperone The political arena and the sports arena: major battles are fought in both, from events important nationwide (the Super Bowl) to contests with little "real" significance (the Lieutenant Governor of Iowa). One current hot issue involves both a possible boycott of the 1980 Moscow Summer Olympics. The question of whether the United States should boycott the Olympics is being discussed everywhere, as well I'm sure, as in the White House. It's one of the ironies of our nuclear age that an event such as the Olympics can take on such importance in big power politics. as the United Nations debates have shown, the bullets shot back and forth between the superpowers in this -day and age are largely symbolic ones. The battles are won and lost on pride and reputation, rather than on — However/ Offers land, sea and air. The United States must find a way, short of war, as a symbolic weapon against the Soviets for their rape of Afghanistan. A boycott has been raised as a possible response. I'll do my bit to set out some of the arguments for and against such a move and offer a possible solution. A careful look at what hosting the Olympics means to the Soviet Union shows why a boycott is being discussed so seriously. The Russians, it has been said, have been practically begging to host the Olympics for years, while watching the site shuttle between Western nations. There is no small matter of pride here the Soviet leaders see the Olympics as a legitimizing ceremony an opportunity to be in the spotlight of the world for three weeks. No stone has gone unturned to present Russia as the perfect Socialist society to the many spectators who will watch the games in person and on television. Billions of dollars in new construction at the site of the games has been undertaken, lucrative deals have been negotiated with the world's television networks and thousands of busses, trains and temporary shelters have been remdied to take all Russian children (so not to be corrupted by Western ways) and dissidents as, far away from — — Symbolic Weapon Moscow as possible during the games. I have heard the men in the Gulag have been hard at work sewing those little brown bears which will serve as the Olympic mascot. organized world-wide of Western and which non-aligned nations would leave the Russians only their puppet states to play games with next summer would be a crushing blow for the Russian leaders to swallow. Much of the money that was to go for the basic human needs of the average Russian had gone instead to prepare Moscowfor the world's cameras. If those cameras weren't there, it would probably be the worst psychological blow we could hope to administer to the Soviets in this crisis and would serve to embarass them in front of the world community to a far greater extent than any Ignited Nations debate could. So should we do it? Many people in this country are saying we should, citing references to the 1936 Games in Berlin in which Hitler tried to show off the splender of the perfect Aryan society. There was talk 'of a boycott then, but our country competed. Many people today say we shouldn't make the same mistake twice. What of the athletes though? Should they sacrifice all their training over the last four years oj- An boycott — — — .. more so we can show our macho Moscow? What about Al Oerter, four times an Olympic Gold Medalist in the discus competition between 1956 and 1968? He retired from competition after the 1968 games, but three years ago came out of retirement to try for Gold Medal number five. Through God-given ability and hard work, at the age of 43, he has progressed to the point where he has a good chance of making our team. For him to wait four more years and try again would probably 6e impossible. All his effort would be wasted and his dream of a Gold Medal shattered. The same would be true for any 17-year-old girl who has been training for most of her life to make our swimming team. She may never get another chance. Perhaps we should send our team to Moscow, and beat the Russians in their own backyard. Now what do you say? Well, I have a few ideas. The to recent overwhelming vote against the Soviet Union in the United Nations General Assembly shows the world-wide shock against the Russian aggression. A United States boycott, though right in a moral sense, would have little real effect on Russia. I'm sure the word would be passed to the Soviet people that the United State* team didn't attend because they were afraid of being humiliated in the competition. The only people hurt would be our athletes. But a world-wide boycott is possible. The United States can go a long way toward making that a reality by subsidizing or finding a new site for the games to be played. If the nations of theworld could see that they have an alternative to Moscow, their revulsion against the Russian aggression could cause them to join the boycott movement. The Moslem nations would be a natural to join in an organized boycott, and so would the third-world nations, but the West must be able to present to them a viable alternative to the Moscow games if not this year, then the next. There is no law which says the Games must be held on leap years. I hope it happens, but if it doesn't, we should go and' compete. But we should make sure our cameras stay focused on the reason they are there the athletes. I don't want to see any pictures of Lenin's tomb at sunset, happy villagers at market, new apartment buildings or other Russian propaganda. We shouldn't have to be Russia's publicity agent. The movies of Ivan's trip south last month are about all I can stomach. — — : Button Collecting Barrister Has Valuable Collection tion advises the collector of by R.W. Peters Borgnihe collects Arthur Feidler collected fire helmets. Hamilton lordan-collects little spoons. Ed Sinker collects political buttons. What's that again? Yup -that's right. Someone collects those little buttons that used -mikeshapiro to be übiquitous around elec- Ed Sinker tion time. You know -those has a collection which would things you would wear once, shame the Smithsonian. Sinker started collecting a destroy your Ban-lon shirt, and discard? Dime a dozen, right? mere three years ago and has Dispensed by glad-handing already amassed, an assortpolitical hacks, and paid for ment of between 1,000 and with well laundered campaign 1,500 buttons. He estimaes the worth of these discs at betcontributions. $12,000 and $15,000. ween Well, those were the preEd credits his brother with CREEP days. Now, those buttons so getting hm started in the field. worthless His first political button was a cast the in off thoughtlessly olden days may be worth a JFK for a President button, bundle, and Ed Sinker, a which he still has. Our button collecting barsecond-year law student here rister enlarges his'collection by trading; outright purchases are avoided whenever possible. Sinker receives word as to the availability of individual buttons or lots coming onto the in market from various newsletters catering to this hobby. The most circulated of these journals is the American Political Items Collecter. This publicaErnest stamps. SUMMER LAW STUDY Guadalajara London Oxford Paris San Diego For Information: Prof. R. Folsom U. of San Diego School of Law Alcala Park, San Diego, CA 92110 major auctions, news items pertinent to the collector and upcoming conventions. Political button collecting is a small, but rapidly growing hobby. The ARIC currently has a circulation of 6,000 and there are five or six conventions held every month, where collectors gather to swap buttons and-information.. Valuation of the buttons is (kept up to date by one Ted Hake, who maintains a centfal index, cataloguing all extant buttons. It is important to note that most political button collectors are concerned solely with presidential campaign buttons. Within this broad category, there are two types of manufacturing processes used to make these buttons. The older, more expensive type is the celluloid which consisted of a printed slogan or likeness of the candidate applied to a metal disk, upon which a clear, celluloid cover was applied, laminating the printed matter to the metal shell. The usual methpd used npw"adays merely lithographs the message or picture directly onto the metal button. These buttons,' aptly referred to as , Third Annual Law Revue Show March 21st Watch for more details - A small sampling of Ed Sinker's campaign buttons. "Litho Buttons," made their fetching higher and higher prices (a lames Cox FDR butportentious advent in 1915. ton was recently sold for a love Sinker professes great for his hobby. He is able to $6,000), base forgeries are discourse on all ofthe peculiar beginning to turn up on the aspets of his budding button market. Some of the reproducbonanze. He speaks of his Taft- tions are accurate enough to Sherman button, designed in fool even aficionados of this the Art-Nouveau style, much avocation, Sinker said. So people, next time you're like a oenophile would speak rooting about in your attic, and Philippe a of Baron of bottle find a Gus Hall or Harold 29. He bemoans the current Stassen campaign button, state of the art in button don't flip it into the nearest manufacture, believing both wastebasket. You may have a quality and aesthetics to be on valuable piece of Americana in the downturn. With buttons your hand. - January 24,1980 Opinion 7 , �Competition Violations Examined By Moot Court Board by Randi Chavis The Moot Court board voted not to expel two members previously penalized for violating a "no outside assistance" rule as competitors in the 1979 Desmond Competition. The board action was the culmination of a series of events which began in October, 1979. Mitchell Lustig and Rick Valentine were observed receiving assistance with their briefs. They were reported to Moot Court Director Tim Cashmore, Lustig by two Moot Court members who have refused to identify themselves and Valentine by Ruth Kennedy-Daise. Both students met with Cashmore, former Assistant Director Gladys LaForge and Chairman of the Problem Writing Committee, David Struss during November. There are as many different interpretations of the results of these meetings as there are participants. On Monday, November 4, Valentine had an informal meeting with Cashmore, LaForge and Struss. Moot Court board member Ron Zarowitz was also present. Valentine said he went into the meeting with the impression that a 30 point penalty was going to be assessed against his brief score. Struss assured him this was not being considered, Valentine said. He said Struss told him the rule had been violated but there would be no penalty. "Dave said it was a flagrant violation but no penalty would be assessed which struck me as cjdd which is why I remembered it," Valentine said. Cashmore said he tried to allay Lustig's and Valentine's fears of serious consequences. "I told them not to worry or words to that effect," he said. "I told them they would not be penalized unless they heard more from us." However, Cashmore said there was a misunderstanding about the outcome of the individual meetings. He, LaForge and Struss did not believe a final decision had been made, Cashmore said. Lustig and Valentine could have gone away with a different impression, Cashmore admitted. "In our minds, we-had reserved judgment because it was something we had never been confronted with before. The impression we gave to them is they should not have been worried about what was going to happen," Cashmore said. Struss said he did not have a clear recollection of the conclusion of either November meeting. However, he too, said he believed no final decision had been made. "An attempt was made to get across that a definite decision had not been reached at that time," he said. Struss "chewed me out," Valentine said, "and I left the meeting with the impression they thought that was sufficient punishment." Desmond competitors are invited to join the Moot Court board On the basis of the total of their brief score and oral competition score. Each team member receives an individual oral competition score while one brief score applies equally to each team member, according to the 1979 Desmond Moot Court competition rules and general information. Cashmore, LaForge and Struss decided on a five point penalty to be subtracted from the brief scores of Valentine and Lustig, according to Cashmore. The in penalty did not apply computing the brief scores of Valentine and Lustig's partners, Cashmore said. Other violations of the competition's rules for which penalties can be imposed are lateness and exceeding limitations on brief lengths. The maximum penalty for lateness is 10 points, according to Cashmore. The penalty for pages exceeding the stated page limit is five points per page, according to the competition rules. In Valentine's case, the penalty had no effect because his score was high enough anyway to warrant an invitation to the board. In Lustig's case, the Jive points made the difference in qualifying for the board. i Lustig's instituted an appeal. The matter was considered at a meeting during the last week of classes which had'been previously scheduled to discuss participation in future inter-scholastic' moot court competitions. There were 13 of the then 25 board members at the meeting, a quorum, according to Cashmore. There were complaints about the lack of publicity the meeting received. "A lot of people didn't know what the meeting was about," LaForge said. Atthe meeting, by a majority vote, the board passed a resolution to remove the five point penalty against Lustig and invite him to join the Moot Court board, Cashmore said. LaForge, who was not able to attend the meeting said she was dissatisfied about both the result of the rrjjeting and the manner in which it was reached. "I was upset about the decision but'more upset at the way things were done," she said. She utilized a by-law of the Moot Court board which provides guidelines for the process of expelling board members. LaForge said she was motivated by a desire to have a "full and fair hearing" on the Valentine and Lustig. Valentine received 28 votes against expulsion, nine for and two abstentions. Twenty-five board members voted to retain Lustig, 12 voted to expel him and three abstained. A two-thirds~vote was required to approve an expulsion. All parties concerned said they hoped the January 17 vote would be the end of the matter. As for future competitions, Cashmore said the rules need to.berewritten eliminate the present to ambiguities. "We need to make violations much more clear and penalties more explicity," Cashmore said. He said in the future the Moot Court board should delegate to a committee the special responsibility of dealing with alleged violations of competition rules. Then, Cashmore said, if something unexpected arises, the committee should make "an immediate decision and make it known to people involved." subject. "I didn't want to accuse them. wanted everything to come just I out," she said. The by-laws require a majority vote of the Executive Committee or a petition signed by six board members in order to consider the question of removal of any board member. Eight current members of the Moot Court board signed a petition calling for a hearing. Cashmore called a meeting to consider the issue for January 17. Lustig and Valentine were both surprised to learn the matter was once again under consideration: Lustig believed the controversy had ended at the December meeting. Valentine said he thought the issue had been resolved since the November 4 meeting with Cashmore, LaForge and Struss. "My reaction was disbelief that this was being brought up again," Valentine said. The board voted retain overwhelmingly to _ First Year Ban Proposed On Moot Court Participation — continued from page one - Court and made the board, said aren't able to the competition had been a educational and understand, the amount and valuable nature of the work involved," professional experience. Boyer said. "It's an optional competition Cashmore said a more explicit and I don't think the facutly's statement abou the time obligation to students requires commitment involved would be a them to eliminate optional sufficient warning. With that in activities from our academic mind, Cashmore said, students lives," Pincussaid. should be able to decide for said it is "an Konefsky themselves whether or not to to responsibility institutional compete. the quality make about judgments "I think I could see bejng more of student life and those things explicit in warning them of the go into effective legal time commitment but I don[t that education." think there's any reason to place a "There's a fine line between flat restriction on participation," what's paternalistic and an Cashmore said. Glenn Pincus, a first year educational decision," Spiegelman student who participated in Moot said. "They really Public Interest President's Corner New SBA Constitution Reschedules Elections — continued from page student body in the form of a implement a new referendum, us by system Sub-Board, than by lack of constitution or change the competence and diligence on our existing one. The current constitution, which is a few years part. Perhaps the biggest area of old, has served SBA well, but it does have some major faults. concern, however, is not the Foremost is the election of presence of errors or mistakes, but directors and officers in the spring tfie lack of initiative, devotion and rather than the fall. Moving energy on the part of SBA elections to the fall, when each members, individually and as a candidate will or should know whole. A recurring problem is their various time commitments, poor attendance at meetings. An is the major feature of the additional area of concern is the proposed constitution. SBA lack of activity on the part of Secretary Ted Donovan's Rules certain SBA and faculty-student Committee has also looked at committees. other portions of the existing Looking to the upcoming constitution in depth, with an eye semester, there are two important towards revising other areas as goals: First and most important is weir In the upcoming weeks, look the proposed new SBA advertising SBA constitution which will be ready for notices to discuss the proposed meetings for initial discussion a*t the next constitution, as well as general SBA meeting. Second is the informative sessions where election of new SBA officers and students will be given an directors in March. opportunity to discuss and With regard to the new criticize the proposals. SBA needs constitution, it is the student input as well as student responsibility of each student to approval so the next constitution familiarize him or herself with the will be something SBA and the proposed provisions. SBA cannot, student body can live with for without approval from the years to come. imposed two upon Opinion 8 January 24,1980 Even though SBA hopes to implement a new constitution for SBA and any person who is elected must realize it is a with elections in the fall, it will be commitment, no matter where it necessary to have an election this gets placed one one's list of spring because the officers and priorities. Serving on SBA means much directors now serving were elected to SBA only for that period of more than coming to meetings time. Whether those elected this and much more than having one's spring will serve until the fall of name placed on a committee. 1981, whether those elected will Serving on SBA means seeking serve in a temporary capacity problem areas which need until the fall of 1980, or whether attention and innovating new some other provision will be made projects to improve the quality of is something which will be law school life. Additionally, it decided as the new constitution is entails following through on those approved. problems or ideas until they are Whatever the case may be, now successfully resolved. Before the .election, evaluate is the time for each student to assess his or her interest in SBA as your interest in SBA. We well as his or her available time to desperately need new blood to work on and for SBA. One big replace the active third year problem that I have encountered directors and officers we will be since last September is the losing. Even more critical is SBA's conflicting priorities of SBA need for individuals who will find members. It hardly needs the time to come to meetings, mentioning but SBA is not nor who will make the time necessary should it be number one on any to actively participate in the operation of the school. law student's list of priorities. You have at least one month to Those who serve on SBA are not at UB to learn how to run a make up your mind, and I student government. They are sincerely hope the number of here to learn the law, and that is candidates this spring will far where the first loyalty lies. On the exceed the enthusiasm we saw other hand, any person running during last fall* elections. • The Public Interest Center invites all those interested in researching and writing articles in the general area of public interest law with an eye towards the eventual creation of a Public Interest Law Journal to attend a meeting on Monday, January 28, 1980, at 4:00 in Room 213. - — Volunteer For Vita Volunteer for VITA. The Law Student Division is working with the ABA Section of Taxation and the Internal Revenue Service to establish Voluntary Income Tax Assistance (VITA) centers at law schools throughout the country. Law students are invited to contribute their, time to assisting low income,' elderly, and some non-English speaking taxpayers in the preparation of their income tax returns. The IRS will provide training in the preparation of returns, as well as assistance in planning and implementing the VITA centers. If you are interested in participating in VITA or in organizing and coordinating the VITA program at your school, please contact your LSD/ABA representative and also write to: Patrick R. Abitbol, 211 E. Skelly Dr., Apt. 109, Tulsa, OK 74105. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-01-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/24/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/20345b7760572afec656d0e6030f9866.pdf 632e8f498408bf97838ba844c7973749 PDF Text Text Non-Profit Organization ' U.S. Postage PAID Buffalo. New York Permit No. 708 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 February 7,1980 State University of New York at Buffalo School of Law Volume 20, Number 7 SBA Changes Require Votes by Doric on the board. Failing these requisites, SBA would hold an A referendum is being held election as the current conThursday, February 7 and Fri- stitution provides. day, February 8 to give law Vacancies created when the students an opportunity to president, as opposed to direcchange the current Student Bar tors, resigns when more than Association (SBA) Constitution. 48 days of his or her term reOnly those constitutional pro- mains are also dealt with in the posals receiving two-thirds ap- proposed constitution. The current situation reproval from those students who vote will become effec- quires an election to be held in tive. the event the president resigns. Benesh The following proposed changes received SBA approval enabling them to be placed on the ballot. SBA has approved moving annual elections for officers dnd directors from spring to fall. Under the current constitution, new officers and directors from the first and second "year classes are elected on or before the first Thursday in March. Third year directors (not officers) continue to serve until May. —photo by mike shapiro itudents faced empty shelves as bookstore's stock dwindled. Bookstore Shortages Unavoidable Problem by Alan Beckoff Now that the dust has settled in Baldy Bookstore, Mary Lou Palesh, the bookstore assistant manager, says this past January's rush was no bet- or worse than previous ones. According to Palesh, who was honored by the law school's class of 1978 for her dedicated service, the beginnter ing of the spring semester is always more hectic than the beginning of the fall semester. "The summer gives us more time to get things straightened out," she said. "But over Christmas everything is rushed and publishers close for a few days." Professors generally place their orders during November. "The earlier a professor gets his order in, the easier it is for us to solve problems," Palesh said, because if the book is out of print or the publisher doesn't have enough, the professor will have enough time to change his plans "Most are pretty good about it," she added. The bookstore also makes orders based on estimates of class size from Charles Wallin, the registrar. But that method is far from foolproof. For instance, Virginia Leary's international law class was supposed to have 85 students. Come January, there were over 30 extra students registered. Furthermore, Leary had changed the book for the course, so students weren't able to compensate for the shortfall of texts by buying ones used last year. Philip Halpern's criminal procedure class provided a different kind of problem. The original registration figure was close to 150. But during the first week of classes, nearly 40 persons dropped the course and the bookstore was inundated with returns. Before this all happened there had been a delay in getting the book in the first place because a new edition was suposed to have been published. At the last minute the publisher reissued the current edition with an updated supplement. The text was in on time, but by the time the supplement arrived, the class had gone through its precipitous drop in size. "These last minute things always happen," Palesh said. "But there are always going to be problems.", The proposal would replace the president with the vice president. Then the vice president's position would be filled by appointment of the board. In all other situations of officers the special election would, however, be required unless there were less resigning than 48 days of the particular term remaining. Another provision approved by SBA'is that which forbids a student from holding more than one position on the board at a time as well as running for more than one position on the board at a time. Currently the constitution provides only that no person may hold more than one office. The purpose of prohibiting a person from running for more than one office at a time, is in- — continued on page eight Legal Implications Of Kelp Farming Studied by Carol Gardner The New York State Sea Subsequently, six first year directors are elected by their Grant Institute., a federally class on or before the first funded project, develops and manages a statewide program Thursday in Ottober. The provision which SBA has including the Sea Grant Law approved would eliminate the Program, as well as the New spring election beginning in York State Sea Grant Advisory Beginning 1981. with Service. The Advisory Service September, 1980, all officers provides information to perand directors would be elected sons interested in coastal in the same election if the recreation, fishing, sea food necessary votes are cast in the processing, coastal engineering, off-shore mining and referendum. coastal erosion. SBA also approved a proviThis year's Sea Grant sion which is completely new to the constitution and which scholars were chosen from requires student approval. students who submitted Under the current constitution, resumes, grades and writing if a director resigns before his samples to Professor Milton or her term of office expires, a Kaplan and Professor Robert special election must be held Reis, the faculty supervisors of the program. The program reto replace that person. The onto quires applicants a need ly time special election demonstrate productivity and not be held under such cira capacity for extensive cumstances is when the resigning director leaves office research and writing, as well as within 48 days of the time his or her term expires. a commitment to the demands of scholarship over other extracurricular activities during the year. A background in environmental issues, law or biology is helpful, but not necessary. The fellowships run from through December 1980 and are part-time (10-15 hours per week) during the school year and full-time (40 hours per week) during the summer. A stipend of $5,500 and a tuition waiver come with January the position. This semester Sea Crant scholars are concentrating their research on the legal implications of kelp farming. Kelp farming? The New York Sea Crant Institute asked this year's scholars to report on the economit, technical and legal feasibility of growing kelp (seaweed) off of the coast of v - continued on page eight UndeT the proposed provision the concept of "contingency directors" has been introduced. Subject to certain conditions, an election would not have to be held to replace a director resigning with more than 48 days of his or her term remaining. First, the vacancy would be filled by that person whoran in the previous election for the directorship but who placed, far example, seventh, rather than the necessary sixth to win the election, and who also received the number of votes, in the previous election necessary to get his petition validated for that election. Secondly, that person would have to be still willing to serve Sea Grant supervisor Milton Kaplan -p*ofo ""*' by Shapln �OpiniOn Vol. 20, No. 7 Letters To The Editor: Feb. 7, 1980 First Year Director Foresees Problems Editor-in-Chief Randi Chavis To the Editor: The student body at the law school will soon be asked to vote on some major changes in the SBA constitution. The most significant change is the moving of the election of directors and officers from March to September. The shift resulting in the terms of office coinciding with the school year is a much needed change for reasons which other people will expain. There are provisions included in the proposed amendments, however, which I Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker Karen Spencer. Contributors: Doric Benesh, Jay Marlin, Ron Winters. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors, OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Quotable Quotes From The Buffalo Law School "It's nice to be here. It's a real slice of heaven." "That's called time warp. It happens every time you enter this building." "I think we have a good mix of attitudes, of approaches to law, of age, of temperment and of very strongly, differently held beliefs of what legal education is all *bout." "I learned to wear glasses here." "But when you have disclosed all of this, when you have informed of all this and when your client still iays, 'I don't care. I want it to be done this way.. ', then you will say, 'Now, you have a choice. Your choice is to follow my tactical approach or get another lawyer.' It's not that... you leave the decision up to the client." The big trend in legal education is a lot of people coming to law school who don't know why." "Well, the normal human student tends by and large to be slightly crasser and in a large measure a student who knows where he wants to go and generally runs over people getting there. The Buffalo student on the other hand has a well known tolerance for meandering around both personally and intellectually and probably has a better time that way." "What am I doing this for?" "I'm a law student and all I can afford is tunafish sandwiches." "The law students gentlemen." are real "Pounding the pasta... gets out some of your aggression you can't take on your books. You can't destroy your books, but you can really get rolling with the pasta!" "We'd like to be a significantly different law school from most of the other major law schools yet have an anchor in some of the 2 Opinion * basics that are important in preparing good lawyers for a society that is going to change and obviously going to change very rapidly over the next 25 - years." "It produces this atmosphere which I think is extremely healthy of a lot of openness, a lot of questioning -going on both between the faculty arid the students of what's the right way to go with legal education." "We've had a rule for a long time around here that we have to sit on these benches for an hour or two a week. That tends to make us more accessible." "I suspect too many of them are coming in straight out of college without having much of a background in the commerical world or the consumer world." "Wider people should not come to Law School, the seats are too narrow." "Grades don't hurt, aptitude wouldn't hurt a little, interest in law wouldn't hurt either, although it's generally wiped out in the course of law school." "Even those of us who have already passed beyond the golden age of 40 s,till, I think, harbor some real aspirations for not just this law school but for all legal education to be willing to crack itself free from a model that we think has lasted a bit too long as being the dominant model." "Come preparing to have some fun. Then do that because the worst part of law school is that it can get fiercely boring and unpleasant and don't let it happen. And this is one of those places where I suspect you have a better chance than most of not letting it happen." ' * A videotape produced by Katz and Spencer, February—March, 1977. February 7, 1980 believe will result in problems in the near future and I would like to point them out to the student body. First, the president will continue to be elected by a popular vote of the entire student body when the elections are moved to September. At that time, the first year students are, en mass, most familiar with the person who has run the orientation program. This will result in a situation where the person who rugs orientation will be elected president .every year. The reaction many students have is that this result is acceptable. The person who ryns orientation must by a dynamic individual, a capable leader and an energetic person who is willing to "dedicate much of this energy to the law school; in short, the person must have all the qualities of a good president anyway. Also, the persons who have been elected president in recent years in similar situations have proven to be excellent presidents. The problem, however, is that a condition will develop where there will be a fight to be selected to run orientation by those wishing to be president and the president will be appointed undef the pretext of being head of orientation. This is bad for two reasons; first, soon the head of orientation may be running for president unopposed, and second, a qualified candidate for president may not be able to be head of orientation because of summer job commitments. A solution for this problem would be for the directors to be elected as usual and then the directors, who are the persons most acquainted with each other's past participation on the board, will select a president and other officers from among themselves. The second problem is that elections will be held before the end of the second week following Labor day. This will move the elections by the first year students ahead one week. Most students may feel that the three weeks alloted in past years was insufficient time to get to know other students well enough for the elections. The reduction of time will only decrease their opportunity to know the candidates. It will also decrease the time other presidential candidates will have to introduce themselves to the first year students. Finally, the constitutional changes include a provision which will bar anyone from running for two positions at one time. This means that if a qualified person who has much to offer the student body as a member of the SBA board, decides to run for president and fails, that person cannot get on the board as a director. The students lose the services of a good director. The worst situation that could occur is if a person, who would be excellent for the presidency, cannot be involved in orientation because of job commitments. This person then decides to run for president to give the person who ran orientation a challenge and the person loses and thus, does not get on the board at all. The student body will not have this individual working for them on the SBA board. Each step of this situation is very probably and thus, the result is likely to occur. Every law student, being a member of the SBA, should consider the proposed changes for her or himself. The most important issue is that each student voice an opinion by taking part in the vote on the SBA constitution. This vote will decide how to run the organization which exists to enable each student to help control her or his situation at the law school. Paul "Rocky" D'Aloisio First Year Director, SBA Euphemisms Can Not Disguise Cheating . To the Editor: number of euphemisms: "received outside help;" I, for one, am outraged, "sought additional aid;" or disgusted, and horrified by the "violated the rules" — vbut it details of the recent Moot still comes down to the same Court scandal set forth in the end — cheating. January 24th issue of Opinion Obviously, not being a For several years now I have member of Moot Court, I have questioned the basic Moot only gotten my facts through Court procedure which revarious law school channels. It quires students to work in pairs is, therefore, possible that the and to rely on a partner's true facts if known may abilities and sense of respondiffer from those upon which I sibility throughout the, comhave relied. — petition. The Valentine-Lustig incident clearly proves the validity of my concern. Two completely honest, rule-abiding individuals can be heavily ten points each penalized because one of the two fails to turn in a paper on time. But two other individuals who merely break the rules by seeking against-the-rules outside help I believe that's known as cheating are assessed five-point penalties. And those penalties are brushed aside in a moment when to do otherwise would cause one person — — — — — — — organization, offering membership only to the "cream of the crop." Well, if this is the best there is I, for one, hope the board continues to hide away in the basement of O'Brian Hall. Those of us who place a high value on ethics and rules won't miss — you! Cathy E. Kaman Rejects Re-Election Benesh To the Editor: Because all terms of office for Student Bar Association officers and directors will be ending in early March (with the exception of third year directors who will continue to serve until May), I would like to take this opportunity to inform the student body that I will not be seeking reelection as SBA president. SBA needs, and the student body is entitled to, diversity in its leadership. Additionally, as many students as possible be ousted from the board. Of course the degree of should have the opportunity to experience the growth and penalty is only of minor concern. What is the major issue responsibility which naturally one conveniently overlookaccompany the office. Finally, SBA is more appropriately ed by the Board is that people who are now on the board suited for individuals whose may have cheated. You can time commitments outside of disguise that fact with any classes and course work are to Moot Court has always been somewhat of an elitist minimal. I offer my sincere gratitude to all students, both on the Board and off, to the administration and to professors for the support and assistance given during my term of office. A particularly warm thank you goes to Ted Donovan, not only for keeping SBA a living and integral component of UB Law over these past three years, but also for listening to my complaints, and for helping me fake it during those early days when I was becoming acquainted with SBA and its.processes. Best of luck to each candidate in the upcoming election and to the subsequent new slate of officers and directors. * Done H. Benesh �Letters to the Editor: . President's Corner Witness To Moot Court Events SBA Spring Election Deadlines Announced Corrects Some Speculations dent running for office, who and must do so by Wednesday, February to name To the Editor In the past few days I have heard a number of unpleasant comments dealing with the recent Moot Court hearing and the individuals involved. I wogld like to suggest that, rather than trying to revive an unfortunate episode with speculation and innuendo, anyone with strong feelings or concerns about the matter speak directly with those involved. Before adding unnecessary hurt, please find out for yourself what occurred beyohd the commendably factual account contained in the last issue of Opinion. I amjn a position to correct some of the speculations concerning the actions of Rick Valentine, as I was a witness to some of the events. The assistance he received consisted of a few corrections of grammar and spelling on the received and was given this assistance in complete good faith, making no attempt to hide his actions or to violate - Commencement will be held on May 25, at 1 p.m. in Kleinhans Music Hall. A social hour will be held at about 3 p.m. following the event. It is hoped the speaker yvill be Marvin Frankel, distinguished practitioner and scholar, and former Federal judge. He has a reputation '-tot- excellence as a speaker.- Information will be forthcoming regarding his availability.; The seniors by a poll count preferred to wear gowns. Gown information will be given out along with informa- competition. to the Board and accepted their decision. Anyone who knows Rick knows that he is an honest person and a fair competitor. By their vote, the Moot Court Board ■ evidently endorses this view. Those who are directly involved in this matter have resolved the issue to their satisfaction. I find it unfair, if not cruel, for others to inflict additional hurt without having the courage to first speak to those involved and verify their facts. Elizabeth B. Sommers tion about pictures, invitations and rehearsals. Much of that information will be available in the next month, or by midMarch. Students are free to invite as many people as they wish. It probably is wise to make reservations now for plane and motel/hotel accom- • modations. Qn behalf ofl the commencement committee, who really hay your best interests at heart, cheers and best wishes. Allan L. Canfield Ass't Dean forStudent A ffairs for the Commencement Committee Canfield Denies Planning Ceremony Sans Port-A-John feature of the commencement To the Editor: Rarely do I criticize Opinion , but in this instance I absolutely must. Nowhere in the last issue, nowhere — — much of which was devoted to lampooning Baird Point as a possible commencement site, do I find a picture of a portable John. Mr. Shapiro in his devilish finesse overlooked perhaps the most critical committee's planning. What is a commencement without a portable John? It is commencement without planning. From now on, Michael, I want you to raise your hand and signal either one or two when you want to go and take pictures. Allan Canfield Rental Complaints Solicited To the Editor: The New York State Consumer Protection Board has been monitoring complaints in the landlord/tenant area. We are presently drafting legislation to protect the rights of tenants. We would appreciate your publicizing our inquiry as many students are tenants and consequently have experienced the very abuses we seek to correct. We would be interested and most appreciative therefore, to of their fellow classmates in the following signatures and spirit - of t"he When questions were raised about this he voluntarily identified himself the-rule Commencement Information, Suggestions From Canfield To the Editor: placwishes have his ed on the ballot for that position, must turn in a petition. Those students running for the position of director need first rough draft of his brief. He receive complaints, suggestions and copies of leases from college students around the state. Please inform readers that relevant material should be sent to the New York State C6nsumer Protection Board, Advocacy Unit, 99 Washington Avenue, Albany, New York, 12210. Confidentiality shall be respected. Thank you for your time and consideration. Linda Valenti Consumer Affairs Attorney by Doric Benesh Since my last column was published, the plans for revising the SBA constitution and for the election of officers and directors have been finalized by the board. As you may have guessed, the work done regarding changes to the constitution has involved a lot of time and energy on the parts of all those involved. Those persons who worked the longest and the hardest include Ted Donovan, Orest Bedrij, Joe Fisher and Steve Butler who comprise the SBA Rules Committee. No matter how the student body votes regarding their proposals and the proposals as amended by the board, each of those individuals deserves much acclaim and gratitude from all law students and organizations. Once the constitutional referendum is behind us, we proceed rather quickly to the matter of spring elections, which will be held no matter what constitution is in effect. Everyone is advised to make note of the following time schedule for the elections. First, petitions will be available on Wednesday, February 6. Any first or second year stu- ' , 27. The election for SBA officers and directors will be on Thursday and Friday, February 28 and 29. Please note that there are other election rules and procedures which apply to all candidates in the election. Be sure to get a copy of those rules from the SBA office so that you are aware of all the numbers: First year students need signatures from 10 per cent of their first year classmates and second year students need 10 per cent of applicable guidelines. If any student has questions their second year classmates' signatures. regarding either the proposed Those students running for constitutional provisions or the position of president, vice the upcoming election, please president, secretary and contact any SBA director or oftreasurer are required to have ficer. Regarding matters not the signatures of 10 per cent of the law school's student body. related to the referendum and Petitions must be handed in- election, note that the Erie to the SBA Office no later than County Bar Association has 5 p.m. on Wednesday, contacted me regarding the February 13. Further, the possibility of establishing a deadline for any letters to the County Bar Association Stueditor of Opinion are due on dent Division. This discussion that date. Be sure to check is in its very early stages, and with Opinion office for the ex- requires interested students act time of their deadline. who have ideas as to the areas Candidates who do not meet in which the group can operate the February 13 deadline for with the ECBA. If you would like to take the petitions.will not have their name on the ballot, although part in the founding of this they may be written in. Can- organization and the establishdidates who do not meet the ment of its goals, please leave February 13 Opinion deadline a note in my mailbox (#330) or will not be able to have a letter talk to me in school. Additionally, concern has printed for student distribution, although other carrlpaign been expressed recently regartechniques will still be ding the lack of a women's available at the candidate's organization in the law school. own initiative. Men and women interested in On February 21, Opinion organizing any such group will be- published. Also, on should arso indicate their inFebruary 21, campaign posters terest by leaving a note in may be posted on the walls. mailbox #330. The next few weeks will be Any posters hung before February 21 will be removed. very busy ones for those inOtherwise, each candidate is volved with SBA. It is imresponsible for removing any perative that each and every notices or posters they hang, student also invests a little time in these upcoming events. We need your approval of the work we have accomplished on the constitution. Personally, I endorse the concept of fall elections and the Moot Court's disposition of ask for your approval in that regard. the matter is unique indeed Concern has been expressed a five point penalty if you don't need the five points to regarding the effectiveness of make the board and no penalty moving all elections to the fall some are concerned that onif such would prevent you ly those involved in Orientafrom making the board. Of course, if the facts of this tion will be. able to garner the matter differ from my necessary votes to win the understanding of them that is election others are concerndue to the less than full ed that SBA will lose continuity over the summer months. disclosure by the parties inI believe that the advanjfolued. Law mjdents should be held tages of fall elections far to the standard of outweigh any of the concerns I ethical conduct. And yet, it is have been made aware of. Fall obvious that this law school elections, mean that all students will be voting in the believes differently. Substantiated incidents of stealing same election for all officers (SBA past phone abuse), and directors, that those persons running for office will be cheating on final examinations, and now the latest Moot well aware of their time commitments, so that continuity is Court scandal go virtually unpunished. The easy way out assured, that first year students might be to cover the whole who are coming in can vote mess up. But, think about it! along with the second and The thought that Mr. Valentine third year students for those individuals who will act as SBA and Mr. Lustig will be representing our school in national com officers, thus alleviating any petition has me worried. The "orientation coattail concern." fact that people who cheat, in The goal for SBA is more conany way or any form, will still tinuity and more effectiveness graduate and go out to pracand I believe that moving electice law makes me sick! tions to the fall will be a step in lames F. Ryan that direction. Present Ethical Standards Cause For Disappointment To the Editor: I was fascinated to learn of the Moot Court Board's handling of their cheating scandal in the 1979 Desmond Competitin. I would have expected that any knowing violations of the "no outside assistance" rule would have resulted in immediate expulsion from the competition and the instigation of proceedings to place letters explaining such unethical conduct in the permanent files of the students involved. You can be certain I was surprised to find that the individuals caught seeking outside assistance were assessed the equivalent of only one-half of the penalty imposed for lateness. Had Messrs. Valentine and Lustig been caught cheating in Ancient Greece, they would have suffered far different consequences. If they were fortunate enough to have lived in Athens they would merely have been ostracized; had they lived in Sparta, however, where cheating if caught was detested, they would have forfeited life or limb. However, — - - February 7,1980 . Opinion 3 �From The Stacks Vandals Risk Expulsion on to the Character and Fitness Committee. The Law School's Student Handbook states: found Students or stealing library materials will be subject to a period of suspension from the law school, plus notation on the student's permanent record card for the offense and expulsion for any subsequent offense. The Law Librarian will be responsible for bringing charges against any mutilating by Karen Spencer You say you found a volume of McKinneys' without its pocket part? The latest weekly supplement to U.S. Law Week with a landmark case has been neatly removed and no one knows where it is? The volume of Abbott's that contains your topic has been mising for days? Sections of the Family Law Reporter that are right on point are not there?. All the advance sheets to the Federal Reporter are there except the one that contains your case? There is a page gap in the treatise on your area of law?. The latest supplement to Shepard's Pennsylvania Statutes is no where to be found? You need to run circles under the stairway to find all the bound volumes and supplements to thoroughly shepardize the landmark case you've discovered only to find one of them missing? The USCA and USCS are not only out of order but intershelved? You say one of the teaching assistant's has placed the answers to the research sheets in the blue mailbox so everyone else's section is looking up the answers without attempting to learn the process. As I write, the research classes are coming to an end. By press time the first year students will be heavily into researching and writing their briefs. By press time I may ask the dean to expel the entire first year class. That may be an unrealistic remark but the problem at hand is very real and very serious. The last weeks the two library staff have bom the brunt of complaints of frustrated first year students who run into dead ends because of missing materials. We share the frustration because it affects our quality of service. Not one day has passed since school resumed that an episode such as described above has not occurred. Removing volumes pocket parts, supplements, pages, etc. from library resources for whatever reasons from being cheaper than copying to denying one's colleagues access to information is an act of vandalism and unethical behavior. Anyone caught is subject to expulsion from law school which is documented on a student's record and eventually passed - - Opinion 4 student found mutilating library materials before the Faculty-Student Relations Board who shall adjudicate the issue. Under the regulations of the State University of New York at Buffalo sanctions for the theft or destruction of University property include expulsion The library cannot nor should we have to police such actions. The fact that they occur is unconscionable. As members of this community, each of us has a responsibility to respect the right of access - to all and that includes the community we serve as a institution and that students will serve as prospective(?) lawyers. The destruction or removal of library materials is an obvious violation of this right and a neglect of one's professional and personal responsibility. There is in addition a more subtle but just as serious violation and neglect. Failure to reshelve books, hoarding basic research tools for hours or days, or lazily replacing a volume where there is the most convenient space is also detrimental to library users. The information remains virutally inaccessible. The first two floors of the library have been intelligently designed so that one can perform reserach in a convenient manner. But the chaos that reigns on the shelves as I write defeats all purpose of library organization and renders thorough, responsible research impossible to say nothing of learning how to research. Only you can fight back -respect your colleagues and help the library to retain its credibility as a service institution. Winners of the R. J. Connelly Award: (l-r) R. Barnes,S. Curvin, K. Turek, J. Anliot, C. Martorana, P. Pollard, and C. Hassett. Trial Technique Awards Presented On Monday, January 21 eight third year law students were honored by the Erie County Trial Lawyers Association at a semi-annual dinner at the Westwood Country Club in Amherst. The eight students honored were recipients of the Robert J. Connelly award for superior all around performance in trial technique and mock trial competition. Those receiving the plaques were: Richard J. Barnes, Patricia E. v vin. The award is named after Robert J. Connely, a respected Buffalo trial attorney until a tragic boating accident took his life in 1973. The award is presented after each semester to those third year students who have exhibited excellence in their participation in trial technique. Each trial technique instructor is given the option of naming one student in his section whom he feels deserves this honor. This semester eight of fourteen in- chose to name a student. There are eight students in each trial technique section. structors The keynote speaker was the Honorable Walter J. Mahoney, a former state legislator and retired appellate division supreme court justice. Financial Aid Pointers Make Cents by Jay Marl in public - Pollard, James R. Anliot, Caroline Hassett, Charles C. Martorana, Kenneth C. Turek, Sally Hill Buck and Steven Cur- It is hoped, by now, all of who wish to be eligible for National Direct Student Loans (NDSL) or Work-Study for next year or for this summer have filed the Financial Aid Form with the College Scholarship Service in Princeton, New Jersey. If you haven't filed this form, as someone out there surely has not done, then you must file it immediately. There is no way you will be eligible for NDSL or Work-Study for next year unless you mail that form to Princeton immediately. The next phase in applying for NDSL and Work-Study is to file the UB Financial Aid Application by February 28 at the Main Street Financial Aid Office located in the Butler Annex. A couple of points worth noting about this form: 1, Be sure it is notarized on the front page. A list of notaries in the University is available on the bulletin board opposite the Admissions and Records Office on the third floor of O'Brian Hall. 2. New federal regulations you require that an affadavit of intry, in demanding a financial dependent status be filled out aid transcript for any school for any student who will be in- you've attended since high dependent for financial aid school. If you haven't already, you purposes for 1980-81. (See back of Page 1 UB Form.) If should send to your former you were born before 1956, undergraduate college or you don't have to have your graduate school, except for parent's signature and you those who attended ÜB, the don't have to have a copy of white financial aid transcript your parent's IRS 1040 form form which is available from sent to the Office of Financial Admissions and Records and in Aid. But the Financial Aid Of- Room 314. Simply, fill out the fice must have a copy of your top portion of the financial aid 1040 form if you filed one, or a transcript, send it to your copy of your W-2 form along former, school and they will with a letter explaining why take care of the rest in sending you didn't file the 1040. the form back to the Financial If you were born in or after Aid Office at ÜB. You must 1956, you must have your send this to your former school parents sign the affadavit and whether or not you received send a copy ot their 1040, financial aid while attending. along with a copy of your Obstensibly, the purpose of 1040, as soon as possible to the this is to provide more acOffice of Financial Aid. curate recordkeeping and a The basic reason why the closer watch over the financial parent's 1040 is demanded is to aid history of individual verify that you weren't taken students. as a deduction on your No financial aid can be parent's income tax return for disbursed unless these finanthe 1979 tax year. cial aid transcripts are on file. The federal government has As for financial aid for this imposed some other new year, it is still not too late to cumbersome requirements for file for TAP for this year. You students as well as financial have until the end of March to aid offices all over the coun- —continued on page eight PAD Reports Successful Booksale And Blood Drive by Ron Winters their books. The PAD booksale will be Phi Alpha Delta Law Frater- |held again in the fall. All, nity (PAD) happily reported especially third year students, that its first two prograrris of (are encouraged to bring their the semester, a booksale and {used books in on the first day blood drive, met with over- of classes, or arrange for them . \to be brought in. whelming success. The booksale, conducted On Tuesday, January 29, PAD during the first week of classes sponsored a bloodmobile at as a special service to all law ■the law school which produced students, reported gross 56 units of blood out of a revenues of nearly $$00 on the / possible 59 (three persons were sale of 78 books. The fraternity medically deferred). This was a retains a smalt percentage of slight decrease from October's that total. The rest is returned drive (66 units, 84 reporting, 18 to those students who sold deferments), but very produc- February 7,1980 , , ~ tive for such short notice. PAD extends a special thanks to all the donors and volunteers for the special gift of life. PAD will be initiating a new program on Tuesday, February 5. The Speakers Forum will highlight PAD alumni who.will speak on topics of particular interest to the contemporary law student, and ;yottngi*attorney. PAD hopes to have a speaker every two weeks. The first speaker will be Joseph A. Tringali, a North Tonawanda attorney, who will discuss "Setting Fees in Private Practice." Any ideas for topics for future presentations are welcome. As always, PAD is looking for new members for its spring initiation to be held in early April. For more information about how to become a member of the "world's oldest and largest legal fraternity, stop by the PAD office (Room 506) or drop a note in the PAD mailbox (#36) on the third floor. �F^ %A(gjS> Second Semester Discount C SAVE at least $100 % *\S** ' SAVE $25 S When you register for NEW YORK BAR REVIEW COURSE Remember: The last day to save off the price of your course is Feb. 18 - A $SO deposit will insure the savings. A $100 deposit entitles you to the books now. 401 Seventh Avenue, Suite 62 New York, New York 10001 (212) 594-3696 Stan Chess, Director of Bar Bri will be here to discuss the N.Y. Bar Exam. Feb. 13, 1980 12:30 p.m. Rm. lo6O*Brian Hall Free Snacks and Refreshments .'*■-> Ricky Samuel CariaGersten ErikLindauer Leslie Wolffe Therese Rahill Mike Chakansky Done Benesh Paul Israebon Rosie Gallick - Warren Joan' Jay Marlin . ' Deborah Kubiak ' ' Francine Bruno Patricia Jayne Renee Lapides February 7,1980 . Opinion ■ 5 �Deprogramming Cultists Provokes Constitutional Debate This is the first in a series of articles examining the recent controversy surrounding new religious movements in the U.S. and their ardent adversaries, "deprogrammers." It is based, in part, on personal interviews with sect members, their families, deprogrammers and lawyers for both sides. by Amy Jo Fricano Meet Peter. At 24, he is a freshman law student at Indiana University for the se- cond time. He quit the first time after three weeks, because he had a vision of Guru Maharaj Ji telling him law school was interfering with the practice of Knowledge. Peter was then a Premie, a devotee of Maharaj Ji, and left the study of law to live in the ashram, the local religious communal home. In essence, Peter had packed off to enter the seminary, however unor- thodox his faith seemed to his family and the outside world. Retrospectively, Peter says he left law school because he was unable to function in both worlds at once. He says his vision of Maharaj Ji was nothing more than a common Premie rationalization for the inability to make well thought-out decisions. "Long hours of meditation turns your brain to mush. You can't think," says Peter. "It makes you vulnerable to brainwashing, only it's more subtle. I couldn't very well attempt to master the analytical gymnastics "of the law, while at the same time practicing a discipline designed to shut off the little voice upstairs. Rather self-defeating wouldn't- you say?" So why the sudden turn around? Well, to start with, Peter met Ted Patrick. At 48, Ted Patrick is the most famous, most sued, and most pursued "deprogrammer"in the country. He claims to have deprogrammed nearly two thousand members of the big five "cults" alone: Hare Krishna, Unification Church, Children of Cod, Scientology, and Divine Light Mission. He claims a 90 per cent success rate. To Patrick, success means the subject leaves his religious group permanently. Since 1971, Patrick' has been waging a full scale war on cults, which in his book includes fringe therapies. Transcendental Meditation and the U.S. Labor Party. According to Patrick what he does is rescuing, not kidnapping and unlawful restraint. "Those kids are already psychologically kidnapped when I get to them," he says. "They're nothing but mindless robots." His goal is to free cult members from what he calls the cult "program" or mind control.' He maintains that many groups use mjnd control irresponsibly, planting suggestions the member's mind is most open to it. He claims they use egodestructive techniques arid Opinion 6 logic reordering, processes which render the member psychologically incapable of decision-making, free choice, and independent analytical thought. With an ever growing band of assistants, Patrick flies around the country to prearranged deprogrammings as fast as he can get from one to the next. He will only agree to a deprogramming after he does his own investigation of the circumstances, and only as the agent of parents or family members. While he normally does not participate in the kidnapping himself, it is clear that deprogrammees are usually snatched, sometimes by force, and held in manners that would appear to be against their wills. Patrick's own booklet Our Children Co!, is replete with wild tales of near-miss kidnappings, escapes, and selfinflicted injuries by cult members who figure freedom is only a hospital visit away. He tells of infiltrating the groups he fights so hard. Patrick says he first got involved in his crusade, when he entered the Children of God, a group which approached and greatly influenced his son. Patrick claims he was kept so tired, underfed, isolated, and constantly barraged with propaganda he almost didn't get away. away not duty, to take from the controlling environment. He advocates the use of a conservatorship over the child for these purposes. Under his model, one's constitutionally guaranteed freedom of thought, ultimately overrides, or at least is necessary to, the exercise of religious freedom. Patrick's critics accuse him of merely re-programming the individuals whose lifestyles he so drastically changes. The notion that an individual can be divested of his power to think, or induced to do or say anything inconsistent with his own desires is not easily believed in a nation whose beginning came with the motto "Don't Tread on Me." Our common conception of brainwashing is the actual physical torture and coersion used in Viet Nam and Korea. Who can believe that one's decision-making powers could be sabotaged in a "spiritual" environment of apparent love and kindness? *■ dressed up in fancy ornaments. Premies flock to Maharaj J i's "holi festivals" in staggering rock concert sized throngs, bringing in rock concert sized income from admission, contributions, food concessions and memorabilia. Maharaj Ji usually speaks and dances at these events, peaking the performance by a ritualistic spraying of the crowd with colored water from gigantic squirt guns. Life Magazine (June, 1979) estimated Premies pay an average of $35 a head at festivals to perform "darshan," to kiss Maharaj J i's feet. By the practice of Knowledge*, Maharaj Ji's Premies strive to attain their God's promise of Perfect Peace. A Premie devotes his life to three key activities: Service (work in the spiritual community, helping others), Sat- song (daily group recitation of faith, similar to "giving witness"), and Meditation (a sedentary mind control technique). Premies give up alcohol, had been nailed shut' and all the sharp objects had been removed. She was informed that someone would be outside the door at all times, and if she wanted food or drink they would send for it. Lori would escort her to the bathroom and they promised to interrupt her if she tried to meditate. Peter was lured to his family's home from the ashram on the premise that his father had had a change of heart, and was now willing to buy Peter a car, even thought he knew it wold become the ashram's community car. When Peter arrived, Peanut, Goose and Jim laid low, until Peter came a safe distance inside. "There are no deals to be made with the Almighty Creator. You cannot make deals with Him. And as a matter offact, the life that you call your But we are not a society so easily convinced by claims of mind control and brainwashing. After Patrick's first widely publicized deprogramown is in fact by mings, he won nearly universal no means condemnation from everyone from the A.C.L.U. to the your own life." American clergy. Historically speaking, few movements of -photo courtesy Divine Times the 70's have been as baffling Apr. May '78 as the rise of new religious Is there really a difference tobacco, and all drugs, groups. The incomprehensible tragedy at Jonestown, Guyana between de-brainwashing and become strict vegetarians, and a little more than a year ago re-brainwashing? Peter's family are celibate. They live on a looms large as one of the most claims the change in Peter is very rigid schedule. Up at 5 horrifying events of the last simply the re-emergence of his a.m. to meditate, work a full own, established personality day at an outside job, and then decade. Patrick is quick to refer to which had been suppressed by meditate for several hours. the placard which still hangs the cult program. But if a Dinner is next, followed by over Jim Jones' empty chair in Premie is really different than, nightly Satsong, usually the Jonestown meeting hall: say a General Motors exfollowed by more meditation. "Those who do not remember ecutive who is equally devoted According to Peter, it was not the past are doomed to repeat to a given lifestyle, how does uncommon for him to it." When accused of deprogramming work? How is meditate for six or more hours at one stretch on weekends. melodrama and exaggeration it done? about the dangers cults pose As Patrick puts it, "The perThe goal is to achieve a consto society, Patrick will direct son is simply put in a situation tant state of meditation. Peter's twin sister Ellen was you to an interview in the where he will have to hear out March, 1979 issue ofPlayboy in the other side of the story. No a premie/ too. While their which he predicted the inci- huffily walking out, no leaving, parents, like most, were unable dent in Guyana several weeks like they do to their friends to understand what Peter and and families when they don't Ellen had gained from their before it happened. To most people, the entire have a good answer. Then I five years with the Mission, situation has personal rights at just shoot them challenging their brother Robert was stake on both sides of the "v." questions they haven't been tolerant of their attempts to Isn't Patrick violating his subconvert him. Robert regularly programmed to answer." ject's First Amendment rights At 24, Guru Maharaj Ji is ran interference for his to freedom of religion, "The Perfect Master" and younger siblings, arguing they assembly, and even liberty? "Lord of the Universe" to his were intelligent, young adults Patrick's own constitutional Premies. He sits at the head of entitled to their own opinions, especially their religious ones. theory is that when the cult Divine Light Mission, a tax exWhen Robert first heard of strips the member of his ability empt religious organization. to think and make choices, the According to a recently his parents' plan to hire Ted individual is no longer capable deprogrammed insider, the Patrick, he didn't know of exercising his religious Mission has been recently whether to warn Peter and freedom. Patrick would' also disbanded as a legal entity, inEllen or jump for joy. at the take issue with the presence of come now directly accruing to prospect of getting his old Maharaj Ji himself. brother and sister back. He religion at all. To his premies he is God in- didn't argue with them about Once the individual is under mind control, Patrick main- carnate. Nothing is too good Maharaj Ji, but what his tains, it is the family's right, if for him. They love to see him parents had in mind certainly February 7, 1980 sounded illegal. He decided to be present anyway, even if only to pick up the pieces. Ellen was living at home at the time. One afternoon when she came in .from running errands a party of four strangers met her in the family room. They wrestled her upstairs to a bedroom where the windows At the sight of these gorillas Peter knew exactly what was going on. He had been warned by the Mission ebout deprogrammers. A true pacifist, however, he letthem lead him upstairs to another sealed bedroom at the opposite end of the house from Ellen. The first thing Goose did was ask for the photo of Maharaj Ji Peter was sure to have in his wallet. But Peter had already slipped it into a good hiding place. He didn't give it up until days later. Peter says his gravest fear was that his parents might have hired the best. Nobody would tell him just who he was waiting for, but he had heard plenty about Ted Patrick. Other Premies had told him Patrick would force him to eat meat, tempt him with prostitutes, beat him, break bones, or "whatever it took" to change him, short of death. Ellen was convinced she would be raped. Little did they suspect the man they would meet hardly conjured up the nickname he was supposedly given by Sun Myung Moon himself. Patrick is a short muscular black man whose calm demeanor is very disarming in light of his reputation. It was a long two days un- til "Black Lightning" arrrived. �Pep Talk Violence On Ice Hurts More Than Hockey Players who is to blame for an incident like this? Granted, it was a unique situation, and may only happen once every ten years, but it should serve as a warning. Those who depend on hockey for a living, players and owners alike, should realize that unless basic problems in the game are solved, the hockey purists, the fans who pay good money for gopd hockey, will go elsewhere with by Joe Peperone their entertainment dollar. Since the National Hockey Henny Youngman once adLeague has no television conmitted his surprise at "going to tract, and relies almost exa fight and having a hockey clusively on ticket revenue to game break out." Many people operate, losing those fans close to hockey are not could relegate the league to laughing anymore.' Violence, permanent minor league which has always been status. tolerated as "part of the Fights do not occur in most game," is now threatening to games, and no real injuries ocdestroy it. cur, since it is hard to get The latest black eye in- leverage on ice, but fans are flicted on the sport occurred becoming increasingly late in December in Madison frustrated at seeing swift Square Garden, where some skaters stymied by the clutmembers of the visiting Boston ching,- holding and interfering Bruins were attacked by fans tactics of some unskilled hired as the players left the ice at the and the resultant fight, end of Three Bruins which cause needless delays in climbed into the stands and play. beat up some of the inThe present problem with stigators. It was all captured violence has its roots in the by television. success of the Philadelphia Though the players involved Flyers during the mid-70s. were suspended for a period of -Qespife consistently leading time, the question remains — the league in penalties, they Record Rack . ■..-'. — also won consistently and captured two Stanley Cups. The Flyers did this «by becoming experts at "intimidation hockey" a style of play which can only be appreciated by going to a game, as opposed to watching it on television. A normal hockey game involves hard physical contact, within the rules, to take the puck from a player. Philadelphia, though, became experts at elbowing or tripping the players away from the puck, out of sight of the referee, who is the only official in hockey who can call a penalty. Since no penalties were seen or called, retaliation eventually led to fights, needlessly stopping play. The effect of having one or two teams play this violent type of game successfully has resulted in other teams having to be able to respond to be In the case of the four teams from the old World Hockey Association which were admitted this year, the situation was even worse. These teams lost most of the few good players they had to the older clubs as additional "compensation" for Joining the NHL. Thus the rich have gotten richer, and the poor poorer. The only way for these new teams to make money is to become competitive. Lacking good players to do that, they have been forced to play number of quality players which exist. The owners of these expansion teams pay millions to the NHL for the honor of joining it, but are prevented from getting any quality players from the ty to improve the game, and have failed. The referees can do more to take control of games and not let them get out of hand. Violence feeds on violence. If players know they can use it and get away with it, they will. Why wouldn't they? The standards by which the game can be controlled are right there in the rule book. There is a rule givirtg the instigator in a fight an extra it should be enforcpenalty ed. Referees should not avoid handing out penalties near the end of games for fear they will influence the outcome. The purpose of a penalty is to punish conduct which takes away from the game, whether it happens in the last two minutes of a 6-0 game or a 1-1 game. Penalties called when they are deserved will serve to — ■-- Musical Potpourri Reviewed by Michael Rosenthal Melissa Manchester Melissa Manchester Melissa's strength has> always been her writing abilities and her way with a ballad. It is enough to note she wrote only about halfof the songs on the album, and very little of the album is ballad material. The opening song and first single is "Pretty Girl," a nice uptempo song but Manchester's performance offers nothing. Her version of "Whenever TCall You Friend," a song co-written with Kenny Loggins, does not compare to Loggins version. The-, only genuinely good combination of song and performance on this album is "Fire In The Morning." After a beautiful album last time out, Manchester has struck out. — , The Glow k Bonnie Raitt A thoroughly enjoyable album that many, including myself, have overlooked. The biggest point in this album's favor is the work of Peter Asher as producer. Asher has always been good at seeking out songs for his artists. The songs are all so well tailored to Raitt's abilities that it is almost shocking to learn most of them are remakes. Raitt's best showcases are the uptempo, fun songs such as "I Thank You" and "The Boy Can't Help It." However, without a doubt the album's stunner is a Robert Palmer song, modified in style and brimming with energy. This song, "You're Gonna Get - . What's Coming," should click for Raitt in a big-way and attract a whole slew of new fans for her. . Briefly. Ladies Night • Kool and the Gang Only six cuts, but five are outstanding. Three of these are polished disco songs of the highest caliber. They are, furthermore, just as good to listen to as the>t are to dance to. The other two are exceptionally soulful ballad based songs, with "Too Hot" being one of the best soul ballads of the recent past. Everything You've Heard Is True Tom Johnston More proof that what works for a member of a group will not usually work when that member goes solo. Johnston is - a former Doobie Brother and was responsible for many of their early hits. However, here he is not tempered by the opinion o.f others and instead of being responsible for just some of the writing and lead vocalist chores, he is responsible for all of it. Unfortunately, he doesn't have the talent to pull it off. - ELO's Greatest Hits 'Electric Light Orchestra Ole ELO was a greatest hits album. Three albums have come out since then. The most recent album is not represented here. Half of these cuts were on Ole ELO. Nothing on this album is previously unreleased. Therefore, being that the group is still together, there is no legitimate reason for this album. The 10 Best and 10 Worst Albums of 1979 BEST 1. Rickie Lee Jones, Rickie Lee Jones 2. Steve Forbert, Alive On Ar- rival 3. Elvis Costello, Armed Forces 4. Donna Summer, Bad Girls 5. Blondie, Parallel Lines 6. Fleetwood Mac, Tusk 7. Styx, Cornerstone 8. John Stewart, Bombs Away Dream Babies 9. Jennifer Warnes, Shot Through The Heart 10. Supertramp, Breakfast In America Honorary Mentions to Anne Murray, Doobie Brothers, Michael Jackson, Tom Petty and the Heartbreakers and James Taylor. WORST ,7. Kansas, Monolith 2. Peter Frampton, Where I Should Be 3. Chicago, Chicago 13 4. Peter, Paul and Mary, Reunion 5. Village People, Live And Sleazy 6. Carole King, Touch The Sky 7. Melissa Manchester, Melissa Manchester. 8. £lton lohn, Victim Of Love 9. Carly Simon; Spy 10. Pointer Sisters, Priority Honorable Stevie Wonder. would cause an increase in calls at first, but the deterrent effect would bring those rfumbers down. Players with little real hockey ability other than their fists would then become a liability to a team and the game would be left to those who could play. If fights occur, the players defensively and physically, try- on both teams should be ining to slow down the good structed to skate to their teams by holding, roughing respective ends of the ice and to avoid the stay there and slashing. — After all, If a bad team can dance contests which can force a superstar to become so delay the gamefor ten minutes frustrated by the rought treat- or more. Fighting should be an ment he gets in a game that the star gets into a fight with one of its players, and both are penalized, the bad team successful. benefits — but the fans lose, This has become even more and eventually the game. true due to the lack of parity What can be done to save between teams in the NHL. hockey from itself? The answer Hockey has expanded in the lies in the laps of the people last decade far beyond the who have had the responsibili- established teams. deter much of the conduct which leads to the fighting. Penalties should be strictly enforced. Linesmen should have authority to call penalties away from the puck. This — automatic game misconduct. Subsequent fights by the same player should warrant proportionally increasing suspensions of 1, 2, 5 and lO.games without pay. Realistically, this is the only way fighting can' be eliminated. The Players Association has come out in favor of eliminating fighting. But nothing has been done. Why? The reason given by the owners is that they don't want to take the game away from the players. Perhaps they should ask the Gil Perraults, the Guy LaFleurs and the Marcel Dionnes what it is like to continually be hacked by sticks and elbowed in the ribs as they try to display their talents and play real hockey. These are the real players, and in my opinion, they have had the game taken away from them. And the fans have seen it taken from them. Meaningful rule changes and consistent rule enforcement will sell tickets. The owners should beware. They must work to create a rebirth of hockey or they may preside over its death. A TRUER LOVE She said she loved him as she watched him die. A truer love would never lie. No one knew from where he bled For wounded both were heart and head. He looked at her and his blood ran cold Those sea green eyes with the cores of gold There he found his gift to her A part of himself, as it were. He wasn't quite dead when she left his side To join another before the blood had dried. But thinking It over, she stayed away. Oh, the tragic games the mind will play. When novelty left, she stood alone Thinking of him and how he laid prone. And so the killer returns to the scene To find the spot and wipe it clean. Dried drops of blood mark where he layed, "My Cod!" thjnks she, "If I only had stayed!" While she sobs, blood mixes with tears His blood turning red to resurrect the years. No sadder sorrow, no greater sin Of unfilled dreams what might have been. In the pool of blood, her self does stir; His gift to her, as it were. — — — She screamed, "I love you!" as she died . . A truer love'wduld not have lied . ■quasi N. Rem ('81) Mention: February 7,1980 Opinion ' 7 �Sea Grant Involvement Spans Atlantic Coast Zone - continued from page one the Atlantic Ocean for use as an alternative energy source. The report was started this past summer by Sea Grant fellows, Jeremy Nowak and Melanie Considering today's energy problems, the conversion of kelp to methane gas seems a very attractive solution, at least initially, because kelp is plentiful and quickly renewable. With some exceptions, Environmental consideraorganic material like kelp can tions about the impact of such be used as a source of energy. a project on the quality of the As it decomposes, methane gas water, the marine life and the is released. Once this gas is coastal areas are not being collected and upgraded to overlooked by the scholars. commercial standards, it can Kelp farming is of particular be used as natural gas. Corn interest to the New York State husks, manure and municipal Sea Grant Institute because waste, all have Been used for ocean waters off of New York this purpose. The use of kelp in are more nutrient-rich than this way is not new, according those off the coast of Califorto Kaplan. nia. This richness means the "England and Scandanavia kelp can grow faster and be have grown kelp on a small harvested more often. scale. California also is workThe scholars are also focusing on a kelp farm project," he ing on jurisdictional questions concerning the surface of the said. Pierson. persons tor recreation ana as a the water column between the walkway from island to island or to the mainland. The U.S. two. Army Corp of Engineers want to be Other legal questions answered by the scholars to break up the ice in order to revolve around the building of extend the navigation season the necessary on-shore conver- to 11 months of the year. Brown, in his research, found sion plants. The Sea Grant fellows no modern cases, but did unchosen this year are second cover nineteenth century cases year students Jeff Taylor, Scott dealing with the ownership of Brown, Rossella Brevetti, the ice cover. During that cenCheryl Heller and Tom Cick. tury, ice was harvested for As members of the Sea Grant refrigeration purposes. Pepi Friedman, another Sea Law Program, they conduct extensive research, write reports Grant fellow, studied the enon coastal area problems and vironmental problems arising publish the Sea Grant Law and Policy Journal. Other Sea Grant projects being completed include Scott, Brown's study of ownership of ice forming over the Great Lakes and the St. Lawrence River. The ice is used by many water, the-ocean bottom and use ofxoal wastes, in the form of blocks, to create out of the artificial reefs. The New York State Energy Research and Development Authority hopes the reefs will have no adverse environmental effect, but rather will provide a satisfactory solution to the problem of coal wastes. Tom Gick is finishing a study of the Longshoreman and Harborworkers Compensation Act. As Professor Kaplan has said, "Sea Grant involves all sorts of areas and problems related to coasts." Third Annual Law Revue Needs Creative Participants SBA Changes Need Referendum -continued from page one tended to allow a board member to run for an office in a mid-term election without giving up his or her position on the board but would force that person to resign from one of the two position if he or she won the mid-term contest. Additional provisions will be submitted to the student body for their approval. Those pro-' posals may include removing the provision which allows SBA to deliberate on only those petitions from the student body which are accompanied by signatures of 10 per cent of the students as a whole and replacing that provision with one allowing SBA to consider any matter brought to the board by any student. Additionally, proposals changing and clarifying the various duties of the officers may be presented. Also, the list of standing committees will probably be expanded to include those which have become active since the last constitutional revision. Finally, procedural mandates regarding, for example, the calling of meetings are clarified with more precision to assist the board in its activities. Financial Aid Know Your Deadlines For Loans —continued from page four ,-.,U«*~.-.„ l;+ - Alt. submit a TAP form to Albany for the entire school year 1979-1980. If you have not filed TAP and are planning to do so, do so immediately because if you are eligible for SUSTA the law school cannot guarantee that SUSTA funds will still be TAD *«. available past the end of March. Once the SUSTA funds for this year are disbursed, there is no way any student will be able to get SUSTA funding for this year no matter how eligible he or she is. If you submitted a TAP ap- SPRING & SIWER LAW GRADUATES: HK39| KBfifflßl Hm|HJ|l POOR atd disadvamtaged need your help, IN POVERTY LAW. America INFO, MTNG.: Feb. 27, 4 p.m., O'Brian Hall, UB Law School, Amherst Campus. INTERVIEWS: Feb. 28, Placement Office UB Law School,, 3rd Fl. O'Brian Hall. Make appointment now. SpeciafPeople... People Who Care Opinion your courses were to be February 7,1980 ■ -f- cancelled. scheduled If your courses are canyou can be reregistered at the law school, but you will have to present a letter of certification from the Office of Student Accounts verifying your account is paid in full. In addition, you will have to pay not only the fall celled, term IpvisiA 8 plication more than 2 months ago and have' not heard anything from Albany, then you should stop by Room 314 to determine if there is any problem with your TAP application. Finally, for those students who have not yet paid their fall tuition bill, some advice: pay it. The deadline for paying the fall tuition was January 23. If you had not paid by that date, bill. but also the spring term As the semester progresses your bilj becomes more and more in default, you will be creating even more problems for yourself. There may come a time when you simply can't be re-registered. So, wake up and get that bill paid. Get that TAP form mailed in, and if you haven't heard from TAP start trying to find out why. You'll avoid a lot of headaches and the nightmare of finding yourself unable to be re-registered for classes as well as losing out on $600 to $1,200 worth erf free aid from the State of New ■York. If that isn't an incentive, I don't know what it is. and Can you top this? by Leslie Wolffe Leslie Wolffe by 5 p.m. on February 13. The band requests that acts requiring musical accompaniment provide them with a copy of the music at that time also. This can be attached to the The Third Annual Joseph E. Laufer Law Revue will be held on March 21, 1980 at the Wilkeson Pub in the Ellicott Complex. Any member of the statement. student body, faculty or staff It is the hope of the planning is urged to put together an act committee this year's show and sign up for the show. wilr be the best ever, but the All interested parties should only way to insure that is to get submit a statement of intent plenty of participation. So including name, phone everyone is urged to* start number, mailbox number and creating and join with the rest complete description of act. of the law school community This information should be in the 1980 version of the Law placed in box 566 or given to Revue. Law Review To Hold Meeting The Buffalo Law Review will case citations may be picked hold a meeting on February 14 up are from Feb, 22 to April 9, in room 106 at 3:30 for all and from May 17 to May 27. freshmen interested in comThe casenotes are weighed peting for membership. On with first year grades to deterFebruary 20 the Review will mine who will be invited to have an open house become an associate. throughout the day in room This year those who wish 605. elect an alternative may given are Competitors 10 days to write a modified avenue to membership. The casenote on a case decided rigorous requirements of this within .the last year. The ten- option will be announced at tative dates within which the the general meeting. International Law Society MEETING Tuesday, February 12 11:15 a.m. Room 213 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-02-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/7/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/08970970af3af53e1cfa019af0d6d8b3.pdf f637969e84466f63d5023c972b7c70ed PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law Volume 20, Number 8 February 21,1980 Financial AidLimit Increased by Bob Siegel The ceiling for financial aid students has been increased by up to $1,800 as a result of radical changes in the hypothetical budget used to determine educational expenses, according to Financial Aid Assistant Jay Marlin. Last fall, a Financial Aid to law Data Questionnaire was distributed to the student body. The questionnaire asked for student responses concerning "the sources of funds for financing their law school education, and the indebtedness accrued to finance their total higher education." The primary goal of the survey, according to Marlin, was "to try to get an accurate Ted Patrick sits facing a young man in the midst of a deprogram- assessment of the realistic ming session. Patrick continues a deprogramming session until costs of our law student the person "snaps", a process which may require less than an population." The overwhelming response hour or as much as an entire day. See story, page 6. to the survey enabled the law New York Times photo courtesy of Ted Patrick Voters Reject Majority Of SBA Amendments Bγ Doric Benesh motions presented by way of a petition containing a minimum First year students number of students' dominated the voting in the signatures, unless the motion Student Bar Association (SBA) was from a diretor or officer. constitutional referendum One hundred thirty-six votes held on February 7 and 8 in were necessary for approval. which more proposals were re- The provision passed 146 to 58. jected than accepted. The filial group of provisions Two hundred fourteen approved by the student body students voted in the election. relate to the topic of student Not surprisingly, more first appointments to SBA, faculty yecir students (96) than second and university committees. year students (65) voted, and Regarding SBA standing and more second year students special committees, the new than third year students (53) provision requires a minimum participated. composition of five students, Those provisions which only two of whom need be SBA received the sufficient two- directors or officers. However, thirds approval from the stu- the SBA appointments comdent body include the follow- mittee, must be comprised of ing. only SBA directors and ofFirst, moving elections from ficers. Previously, the constituspring to fall with a transitional tion mandated that these comterm of office from March to mittees have at least three SBA September, 1980, received ten directors and officers. Additionally, SBA is now votes more than the necessary for approval. The specifically authorized to apvote of those responding was point persons not serving on 149 to 59 in favor. SBA itself to positions on Secondly, expanding the list SBA's committees as was done of SBA standing committees this past fall. was approved 171 to 37; only Regarding all appointments 139 votes were needed. The to all committees, the constitustanding committees now in- tion has been changed to perclude not only Appointments, mit a president who takes-ofExternal Affairs, Finance and fice during the middle- of a Rules but also Admissions and term to continue the appointRecords, Athletic and Social, ments, at the executive Distinguished Visitors Forum officer's discretion, rather than and Placement. A third approved provision allows any law student to make a.motion before SBA and officially designates SBA as the law school's representative. Previously, SBA was authorized to hear only those have all appointments terminate automatically when a new president is elected. Additionally, instead of allowing only the president to terminate appointments, the constituition has been changcontinued on page 8 school Financial Aid Office to develop an accurate data base for use in ongoing negotiations with the university regarding the financial aid policy. Five , hundred ed. surveys were return- The survey, in large part created by Associate Dean William Greiner, was distributed last October to the first year class, the Federal Tax 1 sections, and Professor Joyce's Gratuitous Transfers class. Those third year students not enrolled in Gratuitous Transfers had surveys placed in their mailboxes. Traditionally, the average law student budget was based on the combined expenses of tuition, dormitory, meal plan, plus the university's estimate of the cost of a student's extraneous activity. Marlin said he felt the traditional budget was inaccurate and was not representative of the law school student body. In fact,* very few law students reside on campus and .thus do not take advantage of discounted room and board expenditures. Another fallacy of the traditional budget was the transportation line. Included in the line were two round-trip plane fares and one round-trip bus fare to New York City, which was the farthest distance the average student was expected to travel. Not included in the transportation line was the cost of owning an automobile. In applying for financial aid, a student may not obtain a "financial aid package" (NDSL, Work-Study, TAP, and NYSHESC combined) in excess of the average law student budget. Using the inaccurate figures of the traditional budget, students were finding it difficult to make ends meet. Students, according to Marlin, "were being restricted in their borrowing capacity." Thus, Greiner, Registrar Charles Wallin, and Marlin took the survey results to the university Financial Aid Committee to Students. This committee determines the average student budget for each university component. An administrator from each of the university is represented on the committee. During a series of committee meetings in November and December, the surveys were examined and produced "radical changes," according * Marlin, in the average law student budget. The budget was significantly raised to reflect an honest and up to date appraisal of student exto penditures. A key point raised in the committee meetings was the reality of the law school academic year. Law school is in session for nine and one-half months, not the nine months previously thought. Jay Marlin The law school's budget canvassed five major areas of expenditure. These were: tuition and fees, room survey and board, transportation expenses, personal expenses, and books and supplies. The completed surveys were divided into three classes of student: resident, commuter, and married student. In 1978-79, the average resident law student, defined as an unmarried student not living at home, spent, according to the survey, the following: 1)Tuition 2) Room and Fees $2,300 per year and Board a) Housing b) Food 3) Transportation $115 $110 per month per month $70 per month 4) Personal Expenses a) Clothing $45 per month b) Entertainment $45 per month 5) Books and Suppliess3oo per year continued on page fi Volker AndFarmer To Participate In Capital Punishment Debate by Ward J. Oliver On Thursday, February 21, the National Lawyers Guild and BALSA are sponsoring a debate on capital punishment between State Senator Dale M. Volker (R.-C.) of Depew and Millard C. Farmer, an attorney with Team Defense of Atlanta, Georgia. Volker, a 1966 graduate of the UB law school, was the Senate sponsor of the most recent capital punishment bill, which passed the New York State Legislature on January The bill was co-sponsored by Assemblyman Vincent J. Graber of West Seneca. Although the bill received one vote more than the two-thirds needed for an override in the Senate, the Assembly was seven votes short. Governor Hugh Carey vetoed the bill for the fourth consecutive year. Further efforts toward an override are expected to be made later in the legislative session. The bill would allow the death penalty in certain categories of first-degree murder, such as murder committed during a robbery, kidnapping, rape or arson, and the murder of an on-duty police officer. To comply with United States Supreme Court guidelines, the death sentence could be imposed only after a jury, in a separate proceeding from the trial, had considered aggravating and mitigating cir- scientists who use unorthodox trial methods in representing defendants facing the death penalty. These include prolonging trials to enable jurors to become well acquainted with the defendants and using social scientists to assist in challenging the composition of jury pools. Farmer was instrumental in gaining the release of the "Dawson Five" and worked with Ramsey Clark in an unsuccessful last-minute effort for a writ of habeus corpus in the case of John Spenkelink. Professor Jacob D. Hyman of the law school faculty has agreed to act as moderator of cumstances. Farmer is head of Team the debate. It will be held at 4 Defense, an Atlanta-based p.m. in room 106 of O'Brian group of lawyers and social Hall. �vol. 20, no. 8 ftreninn ° Feb- 21,198 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Edjtor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Canz, Carol Gardner, Jeremy Nowak, Joe Peperone, R.W Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. Contributors: Doric Benesh, Ward J. Oliver. © Copyright 1980, Opinion, SB A. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Lp Thanks! As a direct result of the Financial Aid Data Questionaire distributed to the student body last fall the borrowing capacity of the average law student has been increased. The questionaire produced a realistic estimate of student expenses to be used as a base in planning future limits on student borrowing ability. In these inflationary times, with the cost of living constantly on the rise, borrowing for higher education can no longer be considered a luxury. It is a necessity. Law students have enough headaches without worrying about financial woes. We wish to thank Messrs. Greiner, Wallin and Marlin for the hard work and long hours they invested in distributing the questionaire and compiling the data. Their commitment to the student body is appreciated. We also wish to thank the student body as a whole for taking time to complete the questionaire. The time invested was well spent. It just goes to show when all hands work together, things get accomplished — a lesson worth remembering when future problems arise. Letters To The Editor: SBA Campaign Statements Bedrij Addresses Financial, Academic Issues To the Editor: As candidate for SBA President, I feel that it is important to express my concerns on the issues that affect us as law students.. . ■■■--,The Student Bar Association is often challenged with the criticism "Who cares?" In reality though, such a critique is invalid. The bottom line is that student body is able to let its views be known. An excellent example of this is the recent constitutional referendum in which an overwhelming number voted. By the response, the student body clearly took the time and effort to read and consider the issues presented. In the upcoming months, a key issue for consideration is going to be the budget. Every law student has an interest in this process because the funds come from our own pockets. The budget must be handled effectively and cogently. This does riot mean that we not spend money, it means that we spend it well. Proper spending includes such expenditures that both enrich our school academically and socially. a. from a practical approach to legal education towards a generalized view. Without passing judgement on the matter, I strongly believe that the students' interests must be served in discussions of their legal education before any plans are finalized. Socially, this law school very desperately needs a sense of community. Among the events that need encouragement are, for example, informal get togethers such as the dean's party, intra-school athletic intramurals, and the senior Barrister's Ball. To the Editor: Your Vote Counts — — Opinion February 21,1980 The discouraging thing about this though is that it reflects a general attitude by the law school towards the students. The administration must be made to realize that the student body and its represen- ' tatives are a responsible and viable force that in a very few years will be fellow lawyers. As president, I will have the energy and integrity to carry out my proposals. Orest Bedrij To the Editor: September, when Orest started I'm running for SBA President in this election to give students represented opposing viewpoints on most issues throughout the year. Orest is very concerned with procedure. The proposed constitutional changes, which would have removed power from the student body and centralized power in the hands of the SBA officers (proposals all defeated in the referendum), were written primarily by Orest. Orest is also a fiscal conservative. I, on the other hand, do not favor centralized power. The student body, at any given time, is more reasonable than the SBA. I feel that substance is more important than procedure (although the importance of procedure_cannot be overlooked), and frankly believe that the SBA has not produced much of substance since I have been here. The basic function of the SBA has been to dole out student activity funds. Due to the fiscal conservatism of many of a clear choice between candidates. My opponent, Orest I have been SBA directors together since Bedrij, and of new lawyers graduating each year and employers do group seniors by alma mater. If the school's reputation is developed, the graduates benefit. The NYC Placement Program is one attempt to enlarge UB students visibility and employment opportunity. I think the program should be continued and expanded. Secondly, I see a need for student input into curriculum decisions. There is no justification for removing credit status from Moot Court or Law Review. Where some students work part-time, others spend a lot of time in these activities activities I might add, that enhance the image of the school if done well. There should be a revision of the system whereby students are required to have 54 hours credit their last two years, regardless of their course work their first year. Otherwise, a problem such as occurred this year with Criminal Procedure will occur again a course, with the same work load as one worth six credits last year is now worth four credits, and if a freshman chooses to take it, he is still required to take the same upperclass workload as someone who is taking a three or two credit elective. Fair? Hardly. I would like to achieve some semblance of movement toward these goals. I feel they are important to students today and the University tomor- — students congregate has become despoiled. In terms of the law school It requires but a minimum of effort to deposit one's trash itself, I see two needs. First is in the cans so thoughtfully provided by the administration. to continue-to raise the impres- row. As Andrew Jackson once said, "Don't crap in your own sions of the school in the pronest." fession's eyes. There are a lot 2 Recently, a Faculty/Student committee voted (without the students being present) to consider eliminating creditfor Law Review, Moot Court, and BLP. This vote took place literally behind the backs of everyone. Pierson Describes Differences Between Herself And Bedrij Dooley Wants Liaison Role I am a candidate for vicepresident of the SBA. My main interest in serving in this capacity is the position it is accorded in terms of the relationship with the entire University. The vice-president is the law school's main student liason with the external university Thirty four dollars may not be a lot of money. But five body. I see as a need the creaminutes at the polls is surely not a lot of time. And you can tion in the student's minds a that law school is exercise some control over your $34 annual student fee by conception an holistic concept, more than the SBA election. voting in upcoming just three whole If you don't think your vote counts, think again. In an years school of a person's life; SBA election two years ago, a candidate running unopposThe key is participation. The ed for an executive office lost because he failed to gain a SBA has done several things in majority of the votes cast, including those cast for write-in this area like the recent parcandidates and those left blank. ("Blank" won, the can- ty. But in reality, whether didate finished second and the leading write-in ran a close school is considered more than just school depends upon the third.) Granted, that situation was unusual. But it's a fact that in entire university. There is a last year's election the sixth second year directorship was problem here. From the lack of gained by a slim five vote margin, and the sixth third year gym facilities and intramural organization right down to the winner beat the pack by a single vote. fact that most students- don't Spend a little time learning the candidates' views and really think that much is going vote for those who represent your interests. If the to change. economic recession predicted for the fourth quarter hits as This isn't a real uncommon expected, it may be the best investment you could make all feeling in universities, but at year. ÜB, with Albany switching money, building schedules, and faculty lines at (what almost seems to be) random, The bench area in front of the Law Library is an absolute it's almost a übiquitous feelmess. Slothful students (you know who you are!), too lazy ing. Certainly one person can't to walk the ten feet to the trash receptacle, have turned change all this but I would like this once pristeen commons into a graveyard of rancid cof- to at least let the administraacfee cups, malodorous cigarette butts and fly-blown candy tion know thatofwe feel the are learning couterments wrappers. It's unfortunate that an area where so many law important also. Bench Beautification In the academic realm, for example, the administration has proposed major changes in the curriculum. These promove away posals include — Patrick Dooley school here at ÜB, and have the Board members, however, the money is spent in small in- crements leaving a surplus at the end of the year. I feel tfiat this money should be spent in the year that it is received. The students who contributed the money should benefit from it while they are still in school. Your choice is clear. I hope when it comes down to the vote, you'll vote for me. Thank you. melanie pierson Candidate for SBA President VOTE VOTE VOTE ' VOTE NyOTE vort ' �Letters To The Editor SBA Attendance Record Communication Is Key Issue To the Editor: My name is Perri Fitterman and I am seeking the officer of Fjrst Year Director. I am very con- cerned that our class be represented on SBA committees and that our voice be heard loud and clear on all issues that face the faculty, students and administration in the coming year. In order that our opinions be heard, we need a representative who will attend all meetings, keep in touch with the student body's opinions, convey these | opinions at meetings and maintain a willingness to work for our class and for UB law as a whole. All too often, important meetings open to the student body go unnoticed. I advocate more publicity regarding these sessions and a better system, of reporting what is happening within the SBA. I am willing to devote my time to keep the lines of communication open. I have a willingness to work and a desire to accomplish the changes we need. I hope I can count on your support. Perri Fitterman Two Problems In Particular Motivate Flint To Seek Office To the Editor: All of this year's candidates are qualified. I am sure that they all have, as I do, prior student government experience. What should be of paramount importance to the first year student body are the issues which have motivated us to seek office. Two issues have attracted my attention, and it is to these that I wish to apply my experience and energy. For all of us the Research and Writing program has been a chaotic burden: for some of us it has been a nightmare. I propose to conduct hearings aimed at developing a program that will (1) make the work load proportionate to the credits earned, (2) give greater emphasis to teaching research techniques (example: it would require more than five weeks of 24 hour-a-day viewing to allow all 270 students to see each of the 10 20 minute research tapes — did you see them.all?}, (3) extend the work over a 3 or 4 semester period giving us greater contact with the materials which would (4) reduce the time sacrificed from other classes. I also propose initiating hearings designed to examine the purpose, structure and administration of the Legal Methods program. It is the Stu- dent Bar Association's duty to respond to the students and to determine if their needs are being met. We should ask whether or not the program is conscientiously identifying these needs as they are communicated by the students and anticipated by the faculty and administration. We must champion programs that offer and demand excellence. We must oppose those which pursue only narrow, mechanical and self-serving ends. I am running for the office of first year director on an information ticket. The SBA board deals with matters concerning us all. Effective representation in these matters means your views are needed. I will elicit those views and convert them into decisions affecting our law People who know me know I am readily accessible to listen to P VICE PRESIDENT Jay Marlin P p p p p PPPPPPPPPPE PPPPXPPXPPPAEAPPPX TREASURER Charmaine Bissell SECRETARY Ted Donovan P. I960 4H9 4/23 9K 9/21. 1013 10/9 10/1710/30 11/7 11/27 1123 1/2* 1/31 2/1 w ', XELPPAXLXPLLI7EAEPAL PPLPPPPPPppppppppp THIRD YEAR DIRECT. Claire F»V Carol Gardner Sherman Kerner Tony Leavy Lewis Steele Dwight Wells PXPPEEXAPXALAAXAEA XXP X P EPXPPXXP PPPPPPPpppppp L XL/EXXAP - XL/EE others' opinions concerning any particular topic of concern. You should be made aware of vital decisions of the SBA and how they affect you, the student. The SBA represents the student body; allow me to represent you in the<SßA. Vote for informative student government. Thank you. , David Kimpel her leadership of the SBA Promotion and Tenure Committee. This committee is one of the most, if not the most active and important SBA commit- Under Melanie's guidance the committeebegan to fulfill its "promise of meaningful student involvement in the faculty decisions to pro- EAXXX PLPEXPPPPEP PEPPPPPPPpp PPPPXPAEEPA PPPAXLPPPEP PPPPAPAEXPA PPPPPAPPPLP Present for the entire meeting Excused for reasons of illness, class, employment Absent Because of class schedules, it has been virtually impossible to hold a meeting of the board of directors which every director could attend in its.entirety. Therefore, many of the directors who were late or who left a meeting early did so because they had class, and not - Late L Left early E Blank: Not yet elected to the board because they were "skipping" a meeting. If you have any questions as to a board members' attendance record, and October 9, 1979 were excused because these were "special" meetings, while others were not aware that a you should contact that in- meeting was taking place. dividual directly. Attendance for the meeting The large'number of direc- of September 12,1979 is not intors who were excused from cluded, as the minutes for that the meetings of March 26,1979 meeting have been lost. Schultz Offers Older Student Representation To the Editor: enough. That is probably true I but it wguld be as impossible have a for me to pass an understan- students and with the ever inpercentage of us older students, it is time that we were represented in SBA. My attitude and goals have been stTaped by years of experience in several professions and avocations. To a student who enters directly from undergraduate school, I have often come across as too me to understand older people when I was their age. Without placing a value judgement on whose attitude is more correct, it is sufficient to say that there is a real difference which needs representation. I am here for two reasons. I want to become a lawyer and I'm absolutely certain about that goal. But I don't see law school as simply a means to an creasing pragmatic and not idealistic end It is also an end in itself. Being a full time student is a great life and I intend to thoroughly enjoy the three years respite from the "real world" which I feel very privileged to have. I feel very strongly about the need for grading standards. The absolute discretion which teachers have to in effect determine our future earning potential is clearly a violation of due process. It is foolishness to believe that grades don't matter. Anyone in the placement office will quickly dispel that myth. The appeal process may as well not exist because in reality there are no grounds for appeal. I will push for a set of guidelines for each of the up in March. four grades H-F so that we will We cannot do it all on our have notice as to what is exown, however. The SBA, in pected of us and which will order to fully carry out its form the basis of an appeal in duties and responsibilities, case of a dispute. needs student input. If there is Grades aren't everything something which you feel is though and I want to prove lacking and should be done, that law school can be fun. I tell us get involved and enjoyed the party which we make your opinion known. had on February 8 in Talbert In running as a slate, our Hall with mixed drinks and goal is to eliminate the view of good music and I will try to the SBA as being sluggish and have more of them. I will push without purpose, and make it for a Diet Pepsi machine in the the means by which student second or fourth floor lounge, needs and desires can best be a covered walkway to the parkserved. ing lot, and anything else Slate Envisions New Image, Sense Of Purpose For SBA Editor: To the J ii In the past, the SBA has been perceived as not having a useful purpose. We feel that it is time for the SBA to become more involved in providing tangible services for the law school student body. Some potential include apartment locating for law students and the operation of a co-op to sell the mimeograph class materials to eliminate the mote and retain faculty bookstore's 25 per cent members. overhead. We urge all students to join The next 3-4 months is a both the law school and the community at large and an apus in voting for Melanie Pier- crucial time in which to set up projects for the coming preciation for others' sen- son for SBA President. sitivities. semester as well as for next Tony Leavy year.' This is especially true One example of Melanie's Lew Steele with the budget issue coming service to the student body is tees. L PPPXPPAPXPPAPPPPPP PPPXPPPLPPPALPPALP PLEPPAEPPXLLPLPXXE PXEXXPPLPXEAEPEPAE PPPPPPPLEPPPEPPPPP PPEPPAXEXPEPXAPAAE FIRST YEAR DIRECT. Orest Bedrij Paul Rocky D'Aloisio Ellen Dickes Pat Dooley John Feroleto Mark Suzumoto P X A- EPPKE |_/£ E P P P PXPPPPEPPPPEPEPPPP XPPPPPPPEPPELPPXXP XP SECOND YEAR DIRECT. Art Hall Paul Israelson Melanie Pierson Terri Rahill Jeff Taylor Mike Wiseman Being over thirty, Leavy, Steele EndorsePierson To the Editor: As third year directors, we have served with Melanie Pierson on the SBA Board during the last two years. From our perspective, we feel that Melanie is best able philosophically to serve as SBA President. She has demonstrated an open style, a willingness to discuss issues, a concern for PRESIDENT Leslie Wolfe Dorie Benesh 3(22 3/26 Edward Flint different perspective on law ding of my attitude to a First Year Director Candidate school than most younger younger student as it was for Kimpel Stresses Accessibility To the Editor: W9 V 312 3/7 projects — Orest Bedrij Pat Dooley Jessica Hawkens-Creenidge Steve Butler which will make our stay here more enjoyable. 1 Robert Schultz First year director candidate Febravy 21,1980 Opinion Page three �SUNY Suffers As Private Schools Get More Aid by Marc Ganz Senator Doug Barclay (R,C -Syracuse) addressed the au- dience of State University of New York students and staff: "Send your letters to the Governor and Budget Office. They are in charge of higher education affairs." Other senators repeated this policy aberration throughout the lob- bying day in Albany. For the past five sessions of the New York State Legislature, when students and staff ask the question "who is in charge of SUNY's budget?," the fingers go in all directions. "It is the Governor." "It is SUNY." "It is the Senate." None of the above groups want to claim responsibility for cutting the SUNY budget while simultaneously increasing subsidies for the independent colleges and universities of New York. SUNY's best friend in government has been the New York State Assembly. Led by Speaker Stanley Fink (D-Brooklyn) and Higher Education Committee Chairman Mark A. Siegel (D-Manhattan), the Assembly Guest Opinion people sitting around a table in against the mainly pro-private a legislative office in Albany. higher education forces in the Perhaps two of these people Senate Republican conwill be state senators. For the ference. majority of the A last five years the Senate, in Conference are Republican the firm grasp of Majority educated at private Leader Warren Anderson lawyers and practicing schools law (R-Binghamton) has. agreed firms withthe Carey proposals to the with large corporate law of detriment the SUNY system. Anderson is a trustee of Cornell University and is a SUNY administration. This con- graduate of Colgate Universitrasts SUNY's pro tuition hike ty, where he holds a position on their board of trustees. This stance last year. SUNY adversaries have appears to affect his higher taken an early lead, though. education policy position. Governor Hugh Carey, in his However, there is pressure in proposed budget for 1980-81, Anderson's district not to cut has eliminated many personnel the SUNY-Binghamton budget. lines from the state university How this will effect the SUNY system, including ÜB. He then budget as a whole remains to increased Bundy aid to in- be seen. The Chairman of the Senate dependent colleges and Higher Education Committee, universities. This has been the practice of Senator Kenneth LaValle the Governor every year since (R-Huntington) generally is 1974: decrease available funds committed to the SUNY posito SUNY and increase Bundy tion, having Stony Brook in his aid to the private colleges. district. LaValle is also general- Assemblyman Stanley Fink Many feel this is an overt act ly pro student issues. Last year to private of destruction to the SUNY he sponsored the truth-in- that give generously universities. colleges and now law. testing legislation, system, while artificially These thirty-four men It remains to be seen holding up the private coldecide the fate of most propro-public whether LaValle's leges. and on most occasions posals The final SUNY budget will higher education position will the conference vote is binding when pitted be maintained by three or four be decided for votes on the New York Senate floor. SUNY is in for a tough fight in gaining the support of the New York State Senate Republican Conran a front page story on Ford's the passage of time have not ference. Anderson's law firm, Hinindictment on these charges. left my vehicle unmarked; The indictment arose from a however, it has faithfully man Howard and Kattell tragic accident in Indiana transported me to and from (Binghamton) represents IBM, which claimed the lives of school and around town at a Mobil Oil and New York three young women after their relatively low cost and with no Telephone Company. Each of 1973 Pinto was struck from the hassles. these firms are donors" to Cornell and rear and burst into flames. But suppose I'm driving Syracuse, An enterprising Opinion along the Kensington one Rochester Universities. It may photographer went to the parksnowy day this winter and am be of benefit to Anderson's ing lot in front of O'Brian Hall smacked in the rear by some career to vote and support to photograph a Pinto to acdrunk driver with no snow higher subsidies to private company the article. The tires. Will that be the end of universities. There appears to photo, captioned "Ford Pinto: another young man with a be few incentives for Anderson The Alleged Murder Weapon," bright future? ("He had his to vote for higher SUNY was a picture of my car. whole life ahead of him!") Or budgets, aside from a large The publicity surrounding will I be able to get out of my SUNY-Binghamton budget. The budget game has started this case has forced me, as a car to contemplate a lawsuit? in this election year. Carey Pinto owner, to reconsider the (What a mercenary thought!) dangers of driving this car. While I know I drive a car fired the pistol to start the'conSince the Opinion story apthat many people refuse to go test. He hit SUNY in the heart peared, I have driven the car near, my mind conveniently and brain. SUNY will declare about 20,000 miles. The car allows me to put the danger again they need their faculty was hit once from the rear by a aside. I have taken certain and support staff to adequatecar travelling 10-15 mph. While minimum steps to promote the ly serve the public needs. the other car's front end was well-being of myself and my However, the State Senate has nearly demolished, my car suf- passengers. The fuel tank has ignored this plea for the last fered no significant damage. been modified by the five legislative sessions. Of course, Buffalo winters, a manufacturer, though I do not There are two ideas circouple of fender benders, and know how effective these culating in Albany in recognimodificiations are. I check my tion of the need for new rear view mirror every time I strategies. A) Close SUNY schools. This brake sharply and I leave my seatbelt off so I can get out of is not a popular idea in this the car quickly. election year. What schools These inconveniences. apd will the administration decide anxieties are relatively small, to close? New Paltz? Ceneseo? in putting together a Public In- but I still resent the arrogance Watch the same senators who terest Law Journal, and is look- of Ford executives shown by voted against stabilized SUNY ing for people to write their decision to market the aid cry with anger as the research and/or news articles car with this dangerous defect. schools in their district are on public interest law topics. And what kind of a society is closed. This will not happen in a reapportionment election C4PIL will be having a this which allows otherwise rational individuals to make year. SUNY will be cut a bit but meeting to discuss both of decisions like this? And what the cuts will be absorbed by these projects Thursday, kind of legal system are we the system as a whole and not February 21 at 3:30 p.m. in preparing to participate in by any individual college. B) An attack against private room 706. Please attend if you which may allow these people, are interested in eitherof these if they acted wrongly, to colleges and universities. The projects, or if you have any escape criminal liability on private schools, Cblumbia, other suggestions regarding slippery procedural grounds? NYU, Syracuse, Vassar, public interest law. Rochester, Colgate and CorAnd Pinto's still sell briskly. fought hard against the 1979 tuition increase and are determined to fight the proposed 1980 budget cutbacks. The Assembly may delay approval of the budget unless the public universities get a fair share of the higher education money available in this election year. It is expected the Assembly will be joined by the by Jeremy Nowak Earlier this month, Ford Motor Company went on trial on three counts of reckless homocide. The prosecution's case is based largely on several internal Ford memoranda which indicate that top executives at Ford had knowledge of the fuel system design defect. The defense, ably led by James St. Clair,"has thus far largely been successful in barring introduction of these memoranda. The presiding judge recently ruled that prosecution must independently verify the authenticity of these documents, despite the fact the documents were taken directly from Ford's files under a state subpeona. This ruling appears to be a serious setback for the state. It seems the significant issue of criminal corporate responsibility may never be fully addressed. In October, 1978, Opinion - Pinto Owner Considers Ford Case Public Interest Law Center Pursuing Variety Of Projects The Center For Public Interest Law (C4PIL) was formed last semester to promote and act as the focal point for student interest in public interest law. Currently the Center is active in placing students in internships with the Legal Aid Bureau of Buffalo, the Sierra Club, some international human rights projects, and possibly clerkships with City Court judges. The Center is also involved 4 Opinion February 21,1980 Nell, are strong and determined. They employ an excellent lobbyist and entertain legislators at lavish cocktail parties. The trustees of these colleges and universities lobby hard for the increases in tuition assistance (TAP) and Bundy aid (aid per student degree). Yet their endowment records reveal multi-million endowment funds. SUNY Chancellor Wharton has called for a cut in Bundy aid v This was in reaction to the $22 million increase the private schools are scheduled to receive this fiscal year. Such pro-public higher education groups as UUP and SASU are lobbying for legislation that will attempt to bring accountability to Bundy aid. Presently, Bundy aid is appor- tioned according to student degrees (BA, MA, etc.). The legislation proposes to change this system by paralleling the amount of student years attended with the educational degree. For example, Cornell will receive less state aid if a student receives a degree in two years rather than taking four * years to complete the degree. At the same time, the private schools will be forced to give exact accounting for all Bundy aid degrees they grant. The game has begun. Legislators will listen to each side lobby for increased aid. We are nearing half time. The private vschools have taken an early lead, via wealth and other means at their disposal. SUNY has attempted a comeback, via mass lobbying in Albany. The game will be decided by April 1,1980. The Assembly is expected to side with SUNY. They will fight hard. The Senate will side with the private cdlleges and universities, as they have for the last five years. There will be skirmishes as April nears. The prediction at this stage is SUNY will have concessions made in its favor, because it is an election year. The private colleges and universities will use their fiscal resources to persuade the legislators that Bundy aid and increases in student aid are essential to strong private schools. If history dictates, the New York Senate will again win the ballgame, for they are undefeated. �OF 1981 The SECOND SEMESTER (h@jfjSfl DISCOUNT m, MULTISTATE Book Is Here BOOK DISTRIBUTION DAY IS S1 flll IMU atUcut When you register for (QX2J/Oif 's Feb. 28 NEW YORK BAR REVIEW COURSE ALL 1980 GRADUATES WHO HAVE PAID OR WISH TO PAY THEIR $100 DEPOSIT MAY PICK REMEMBER: The last day to save $100 off the price of your course is Feb. 28 up their 1979 MULT.STATE volume. Note: In order to pick up a 1980 volume you MUST ...... , , AIBJ% A $50 deposit will RETURN a prevlou.ly issued Multl.tate Book. A QQ deposit ent t|es the savings you to he books N QW. insure ■ i< W The CPLR: An In-Depth Analysis W hlfeh* A Date: Feb. 28 - * .,•. — J" rial.i. V{fl II I #■ ■ m# I H M "4_ Wmm A _— Wfll ■■ ■■ ! Free Introductory Lecture H ■■■ ■ MM . ■ ■fIJP V MlWr KOOIti IUO Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Younger's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI (New York Bar Review) 401 Seventh Avenue, Suite 62 New York, New York 10001 . 212/594-3696 ... February 21, 1980 V*. Opinion 5 �End To Self-Hypnosis Is Key To Deprogramming by Amy Jo Fricano This is the second article in a series on the controversy surrounding new religious movements in the United States and their ardent adversaries, "deprogrammers." The series is based mainly on the observations of the deprogramming of Ellen and Peter, who were members of Divine Light Mission. They were deprogrammed by Ted Patrick at their family home in Indiana. anything for me that I wasn't willing to do for myself," Patrick says in a soft, deep voice that belies any trace of an impediment. He compares his childhood experiences to the cult member's involvement with religion. According to' Patrick, members are commonly programmed to believe that with total faith and devotion (which often includes donating one's property or income to the community) all of their problems will disappear. Divine Light devotees, for example, are told to "put their problems in their back pockets" and Guru Maharaj Ji will take care of them. Then, " Opinion put into it. "The first thing I have to do to deprogram a person is to prevent them from using selfhypnosis. Then I ask them questions about their 'religion' they are not programmed to answer. When they realize that it is psychologically impossible for them to answer a simple question requiring a yes or no answer, they are forced to think. In short, I get the person's mind working again. The more they think, the more open they will become." Robert found Patrick's conwhen things go awry, it is never tention that Peter and Ellen blamed on Maharaj ji or the would be unable to answer a belief system, but on the simple yes or no question indevotee's doubts in his faith, a credible. He rummaged defect or personal imperfec- around in the collection of tion in the Premie. Divine Light literature which Bγ this logical structure, had been confiscated from then, the Premie is encouraged Ellen and began reading Life to isolate himself from With Knowledge, A Premie everything that might increase Guidebook. his doubts in his lifestyle and He stopped flipping pages at Maharaj Ji's techniques. Ellen "The Five Commandments." calls this phenomenon "an As he read the tenets over and over they began sounding ultimate in guilt trips." By combining this blind ac- more suspicious. ceptance with meditation, the "1. Do not put off until Premie eventually becomes tomorrow what you can do tomore and more withdrawn as day. he turns inward. He has less "2. Constantly meditate and and less contact with the remember Holy Name. "3. Leave ho room for doubt "evil" outside world which has come to include his own famiin your mind. After two tense days of waiting for Ted Patrick, the house was like a cross between a marathon slumber party and a fort under seige. Everyone involved in the deprogramming was tired, giddy and impatient. Goose, Laurie, Jim and Peanut, the advance team that had made the snatch, waited for Patrick the way they always do, playing cards, eating, sleeping on the floor, and drinking vast quantities of beer. They also kept a close eye on Peter and Ellen, who were being kept in separate bedrooms at opposite ends of the house. Betty, the twins' mother, kept busy cooking and working in her garden. Her husband Dick, had taken a week's vacation from the hospital, and occupied himself painting the ly. back porch. Nerves were on edge. Goose, Patrick's arrival at Peter's a veteran of 40 deprogramm- and Ellen's deprogrammings ings kept telling everyone had been delayed when he things would get better when misunderstood "Indianapolis" Ted got here. and flew to Minneapolis inBut "Black Lightning" was stead By the time he corrected two days late and no one, even his mistake and arrived in Inhis personal secretary in San diana, sheer fear and the Diego, knew where he was or passage of time "had done a when he would arrive. lot of work for [him]," he said. The nickname alone implies Before ascending to the Patrick must be a bonafide bedrooms where Peter and vigilante, specializing in illegal Ellen were being held, Patrick activities which infringe on the sat down for a hearty rights of his victims. To some breakfast, taking time to fully Patrick is a blatant criminal brief the family members on who regularly practices 'kid- what to expect over the next napping, assault, illegal several hours and days. Patrick said he would work restraint and brainwashing. Patrick's academic creden- with Peter and Ellen separately tials hardly qualify him as an "until they snapped." He exexpert on the workings ,6f the plained this was a crucial turnhuman mind. He is neither a ing point in freeing the doctor of medicine nor a deprogrammee from mind control. It indicated the point at psychologist. Patrick, a tenth grade which the mind began running dropout, describes himself as a on its own, independent of the man "with a Ph.D. in common cult's control. sense." Perhaps it is Patrick's Over coffee, Patrick began background which uniquely squarely describing the proqualifies him for his cess of mind t itrol n order to make it easie; 10 understand deprogramming tasks. As a child, Patrick had a very the psychological condition of severe speech impediment, so Ellen and Peter, and what their severe he shied away from reactions to the deprogramming were likely to be. talking altogether. "The meditation they do is His mother paid handsomely for the privilege of taking her nothing more than a very son to revival meetings where damaging form of selffaith healers and charlatan ho- hypnosis, so that they program ly rollers promised quick cures automatically for all physical ailments. themselves. The techniques Patrick says he finally realiz- destroy a person's freewill and ed his mother was being ability to think, act or make swindled; the laying on of decisions on their own other hands and speaking in tongues than what the cult leader has programmed them to do. was not the answer. "I will prove to you that After he woke up to the sham, Patrick taught himself to Peter and Ellen are programmed. You see, the mind is the talk. 'God' wasn't about to do oldest and best computer in 6 the world, and the only thing that will come out of a computer is what the operator, in this case Guru Maharaj Ji, has February 21,1980 "4. Always have faith in God. "5. Never delay in attending satsang." Robert thought, "Join now. Hypnotize yourself. Don't think. Always believe. Seek group reinforcement." Hypnosis is being used as a healing aid in stemming pain and even stopping blood flow. Robert wondered if hypnosis could also affect the information-processing capacities of the brain. America's Snapping, Epidemic of Sudden Personality Change (Conway and Siegelman, 1978) is a psychology of social movement study of America's religious cults and massmarketedtherapies. It is based, in part, on hundreds of interviews with members of various goups. A strikingly large number of the interviewees described an internal "snap" as if personality were a brittle plastic credit card. They often spoke of a precipitous "high" during an intense experience which sent them into their new life styles. Parents, spouses, and friends of those who had undergone the sudden, drastic alteration in personality also commonly described the "snapping" of the newly enlightened in- dividual as if a new, unrecognizable person was inside the old one. Patrick nonchalantly in- troduced himself to Peter,as Peanut, Goose, and Jim scurried about the room unpacking and assembling Patrick's video taping equipment. Very little was said until the system was in place. Patrick regularly tapes these sessions for use in other deprogrammings, although they have come in handy as legal evidence, an impartial record of the proceedings. Patrick arranged two chairs so he and Peter sat facing each other nearly knee to knee. Peter clung to a white blanket which was draped around his shoulders as it would be when he was meditating. Susie, ah ex-Premie who had been deprogrammed by Patrick, joined the crowded room to assist the procedure. Peter was anything but pleased to see her. Susie mentioned the blanket to Peter. He insisted he was cold. Patrick first set to work proving his hypothesis that Peter would not be capable of answering certain simple ques- tions. "Peter, if the Guru told you to come to one of his festivals, and your mother died, would you go to the funeral?" Patrick Ted Patrick Premie universe! what hears is much the same as listening to a conch shell. Holy Name is the breathing control element. As the Premie concentrates on his slowed breathing, he hears Maharaj Ji's Holy Name within him. Nectar is achieved by twisting the tongue back in the mouth, a sort of swallowing action which forces the tongue toward the nasal cavity. The Premie then tastes God's "sweet nectar," but a doctor would tell you the Premie tastes only mucous. It took approximately six hours for Peter to "snap." Peter spent the final hour alone with Patrick and the video camera. Patrick seemed to be able to tell the precise point in time when "Peter's mind was open enough to remove the hypnotic sugges- asked. After a deafening pause, Peter sputtered, "You can't ask me that. Maharaj Ji would never ask that of me. My mother isn't going to die." Patrick insisted on a yes or no. "Would you go to the funeral?" he repeated. Peter sat there stumped. He literally couldn't answer. The observers wondered why he couldn't even answer "No." Lines of questioning about tions" which had been placed Divine Light practices drew there. When Patrick finally emergevasive answers at best. When Patrick inquired about the ed from Peter's room, he imdetails of the meditation mediately started working with techniques, Peter's begrudgEllen. He worked through dining, final answer after skirting ner with her, until past midthe question was invariably, "I night, because "she was so can't describe it to you. You close to snapping" Patrick can't understand it in words. didn't want to start over the . You have to experience it for yourself." Ellen would mimic these very words several hours later. With prodding from Patrick and periodic doses of inside information from Susie, Peter gradually admitted details about the meditation technique, dribbling out snatches of it, as he fervently struggled . next morning. Robert ate dinner with Peter, and couldn't help noticing the drastic difference in Peter's appearance. The dull, inactive look of Peter's eyes had been replaced by a familiar glow, Robert said. Peter's eyes had new life, and his facial muscles, which had pulled his lips so taut and motionless had to defend his faith. relaxed. Peter's smile had The meditation technique somehow become more has four aspects, a closely believable to Robert than it guarded secret a devotee had been in some time. learns only when church By the time everyone retired higher-ups decide the person that night a feeling of relief may "receive knowledge." The surrounded them. Patrick said aspects are Light, Music, Holy he had a little more work to do Name and Nectar. / with Peter and Ellen the next Premies are instructed to sit day. in a quiet, dark place, on a He explained they were now small pillow, draping a sheet or entering a psychological state blanket over themselves. Prac- which he called "floating." ticed properly, Premies are The next task would be to keep told they will achieve certain the twins busy, mentally spiritual results. stimulated, so that they could The light technique is done not lapse back into meditation. by applying pressure to the The next day would give eyelids with the fingers. After Robert a long awaited opporlong enough, the Premie is told tunity to challenge Peter at he should see a "blinding white chess. They hadn't played light, five times greater than since Peter became a Premie. the sun." He is not told this Robert thought about having sort of irritation to the optic his old golf partner back. nerve normally produces a But none of them dreamed white light effect. of the burst <>f spontaneous, The music aspect is perform- celebratory dancing that ed by applying pressure to the would fill the house with clapears with the fingers. Rather ping and laughter the next than the harmony of the evening. - �Pep Talk Sabres organization which is operating upon a specific plan of improvement. This includes no blockbuster trades or buying up contracts but a philosophy of success controlled by people who have a history of making the right moves, and a willingness to try new ideas. (Are you listening, Ralph Wilson?) A main reason for the Sabres success is the ownership. The multimillionaire Knox brothers spent five years trying to get an NHL team in Buffalo, finally succeeding in 1970. Since then they have brought in only the best hockey people to run the team, from Punch Imlach to Bowman, Roger Neilson and - by . . Are Buffalo's Bright Spot In Cold Winter Joe Peperone Despite what you may think after reading my last article, hockey isn't all bad. There is a team that consistently wins without brutality or cheap shots, one that stresses skating and scoring but still has given up far fewer goals than any other team in the National Hockey League, and one which has not been afraid to experiment with new coaching techniques, to spend money and to take risks. They are often the only bright note in a cold, snowy winter, and this year, they might just win it all. Buffalo's pride and joy-the Sabres. After many years of frustrating playoff losses, the Sabres are playing the best hockey of their ten year existance. Through a combination of generous ownership, organization, expert coaching and exciting players, strong not to mention rabid support from the best fans in the world, the Sabres are building toward the Stanley Cup. This is not just wishful thinking from a nine year season ticket holder. General Manager and Coach Scotty Bowman is not only building a strong team for this year, but is laying the foundation for future success. Unlike the Toronto Maple Leafs, the Buffalo Bills and the New York Knicks, teams which wildly fluctuate between success and mediocrity - the Sabres are an example of an Record Rack Another aspect which sets the Sabres off from every other team in the league is their coaching staff. While many other teams still rely on only one coash, the Sabres have four. Bowman is the head coach, Neilson the associate coach, Roberts the assistant coach, and Ed Chadwick, the goalie coach. These aren't just fancy names, however. Bowman is usually behind the bench, sendingplayers onto the ice. And Roberts is behind the bench with a headset on, discussing strategy with Neilson, who is high up in the pressbox, relaying information from his uni- years ago. Only time will tell if this improved play will carry through the playoffs. But is is apparent the Sabres will be a power in the league for many years to come, due to the careful planning of Bowman and his crew. Last summer, he drafted three 19-year-old players, knowing they wouldn't be allowed to play for the team this year. All three are now starters for the United States Olympic team. Bowman, recognizing their raw ability, was willing to be patient, drafting them now, passing over the hundreds of available players in the draft. He thought, then, they were better. The other teams in the league beleive it now. Building a dynasty. It hap- pened, under Scotty Bowman in Montreal in the 70s. He's in Buffalo now. The Aud hasn't had an empty seat for a hockey game in nine years. The waiting list is 10,000 names long. If Scotty .has his way, even the top- ten names shouldn't hold their breath. It may be a long time and many Stanley Cups before anybody gives up their seats. Temporary Closing Set For Tralfamadore Cafe que perspective. Jim Roberts, the Sabres three The players are now able to full-time coaches today. When relay information to Neilson the team faltered last year, on how the flow of the game is they didn't panic and bring in going, and Neilson is able to by Amy Jo Fricano regular Joes off the street who some unemployed coach to suggest, through Roberts, what audition for a spot in the show. finish out the season, but can be done in certain situaIf you're a Tralfamadore Don't let the amateur-status bided.their time until Bowman tions, leaving Bowman free to Cafe regular, and haven't, fool you. The Experiment atand Neilson were available. figure out who should go on heard the news, brace yourself. tracts some pretty funny peoNor was it a streak of luck the ice. So far, the system is And if you've been meaning to ple. "Six!!" that two of the best and win- working, and you can't argue hit the TralP since you landed Of course, comedy night has in Buffalo two and a half years its share of standard issue corn ningest coaches in the league with success. are now in Buffalo. Unlike in The four coach set-up is ago, but just haven't made it and Woody Allen-Steve Martin the NFL, where some people ! definitely not a case of too yet, get the lead out. The cozy clone material, but for the would rather play anywhere i many cooks spoiling the broth, jazz hideout will be closing its most part the comics are else than here, the Sabresi either. The Sabres have always doors at the end of this month. original, if not truly down organization is well respected I had a problem with motivaNothing permanent, mind home. They clearly tell the around the league, with many tion. They appear to be playing you. Better yet, the cafe is best Buffalo jokes in the players and coaches hoping to with a lot more desire this moving downtown and expan- universe, which stands to since eventually get a chance here. season. The coaches have ding in the process. It will reason, they're This is due to the fact that, i stressed the fundamentals and eventually occupy the first two hometown experts. Ever heard unlike the situation with the■ positional hockey which so floors of a building adjacent to a Danny Nevereath vision of Bills, the money has always; many teams have neglected in Shea's Buffalo Center for the the weather done with an been available in the Sabres the past few years, and the Performing Arts at 646 Main St. authentic Cheektowagaorganization for the scouting! results are obvious, especially in Buffalo. The renovated comDompolski accent? "Vinnds and signing of players. Like the; when glancing at the team's plex will contain a full scale gustingg to tirty tree miles in Dallas Cowboys and the Pitts- ■ goals against average. theater upstairs, with a hour." I mean reallyl Muck Statistically, Sabres goalies restaurant and brand new Motors?? burgh Steelers, the Sabres have built themselves almost ex- Don Edwards and Bob Suave nightclub below. Fans will be glad to hear the Renovation ofthe building is Experiment's show will go on, clusively through the draft. are having their best years The quality of the scouting; ever. The defense, led by Jim expected to be completed durspite of the Tralfamadore staff is not only apparentt Schoenfeld, Bill Hajt and ing the summer of 1981, but in through the high draft choices i newcomer Ricky Dunn, has some predictions are for as Cafe's temporary closing. which have turned out well, tightened up and allowed few early as November, 1980. So if Beginning March 4, the Combut also by players like Doni breakaways. Gil Perreault, you don't book your weekends edy Experiment will be appearEdward and Craig Ramsayi Danny Care and Derek Smith that far in advance, remember ing at Mulligan's Nightclub at -who were picked in the later are having their best scoring the last available dose of jazz 1669 Hertel. The Tralfamadore Cafe's rounds of the draft after being; years of their careers, and Rick at the Tralfamadore Cafe's prepassed over by other teams ini Martin is playing like the sent location will be February programming for its last month is a little different than usual, 50-goal scorer he was five 29. the league. While some people take so here's some of it. Weekdays: their jazz as religiously as they Closed Monday. Comedy Tuesday, followed by a late show take their vitamins, I recommend comedy night at the with folk singers Joe Head and Tralfamadore Cafe for those of John Brady. Wednesday and Like Hell." This album works in you who are into toning your Thursday seems to speak in contradicfeature the Jeremy tions. The album js identifiably so many ways that it sould laugh muscles. Every Tuesday, Wall Rhythm Section. Each Floyd without sounding like stand the test of time in much The Comedy Experiment weekend a different act runs, their other albums. The songs the way that their Dark Side Of features area "comedians," this weekend with Cabo Frio. work better as individual cuts, The Moon has. Eternal Are the Moments singles even, than the group's Yesterday I made a friend. Today we said good-bye. repetoire ever has. Yet, the Friends are friends forever..at least until they die. album is a unit more so than Kenny Kenny Rogers Whispers weep from tall green grass, swallowing up your stone: anything else they've released. If friendships last forever, why am I alone? Like good wine, Rogers gets The latter is quite an accareer, His solo better with time. I loved you, oh, so very much, until the day we died. complishment when you think charts, on the growing pop Honesty so much alive...until the night you lied. last ever how much their about Flames of love consumed our lives; fire unrestrained. will jump quantums with this three albums were units. Embers turn to ashes till nothing else remained. The story line is so muddled album. almost sounds too This album And so a Man with crown of thorns on a cross was nailed, and hard to follow that it combut has pop country, Rogers to to be To show the world the love of Cod...a love that never failed. try listen to and pels you never let that before. And so it was the world was stunned to hear His final plea; him stop follow it. An album about Why, oh why, dear Cod have You forsaken Me? various types of alienation, Great numbers like "She's A Mystery" and "You Turn The this record should not alienate ETERNITY'S FOREVER at least until tomorrow big in When tears of joy too suddenly become the tears of sorrow. any Floyd fans who give it a Light On" should make it Of NOTHING LASTS FOREVER, for this is what they say. fair chance and should create many radio formats. "Coward So where is there security if nothing gold can stay? superb story a whole new set and genera- The Country" is a of "The the mold song „in tion of fans for the group. Eternity in moments as we watch t(ie setting sun. Outstanding cuts include Gambler." *<You Decorated My Resurrection in the morning, life has just begun. already its "The Thin Ice," "Another Brick Life" has by goingdemonstrated Top 10 and is potential No need to ask the question if the sun will come again In The Wall, Pt. 2," "One Of still climbing. A major success When eternal are the moments, we never wait for then. My Turns." "Hey You," "Commajor talent. quasi N. Rem [W] fortably Numb," and "Run from a ~ , ' ' > > ., > • r 'Dinosaur' Returns To Solid Acceptance by Mike Rosenthal Remember last summer when the. new wave sounds were at the forefronfof every radio station's playlists? When turning on the radio meant Blondie, The Cars, The Knack and Joe Jackson? When everyone was talking about the dinosaurs of rock? Well, when the fall came every one of those so-called dinosaurs began releasing their new material and every one of them returned to find their audience and airplay solid. Some, like Led Zeppelin found themselves more "successful commercially than they ever had been in the past. Here we have another socalled dinosaur. And here again the skeptics are proven wrong. - The Watt Pink Floyd Pink Floyd's album is a anomoly. Everything about it - - - February 21, 1980 Opinion 7 �Law Students Qualify For MoreFinancial Aid continued frompage 1 These were median figures. Extremes were eliminated from the computations. The survey's originators multiplied the monthly figures by 9.5, the months in attendance per year. After the 1979-80 monthly expenditures were adjusted for inflation, they were added to the noninflationary figures for tuition and books. The resulting sum was the figure the law school Financial Aid Office felt would be needed by the resident law student for the 1980-81 academic year. Most of the survey results were accepted without change by the university Financial Aid Committee to Students. The transportation line, now including automobile expenses, was raised to $824.60 per year, $500 more than the previous .. from the university will not be increased. There will be no increase in the amount of NDSL or Work-Study funding distributed. However, law students will be entitled to more NYSHESC loans if desired. The federal government now subsidizes the interest payments on NYSHESC loans regardless of the applicants income. In addition, NYSHESC loans are no longer based on need. Response to these developments has been tremendous NYSHESC loans are up 60 percent statewide over last year. The questionnaire distributed by the law school Financial Aid Office was the first time hard financial aid data had been made available and compiled. Other components of to be havthe university community took Last semester's exam grades have been posted. This first year student, however, seemsremain past. people school, a semester few the ing letting go very trouble of the After of law advantage or the survey to resame. current their average evaluate student budgets. The Financial Aid Office is not advocating law students go into debt. But, as Marlin bluntly put it, "We don't want them to run out of money in March." page 1 treasurer by appointment upon dent, after conference with the It is hoped the survey and continued from that, so upon motion by any two-thirds SBA approval. Only president to temporarily new projected average student Ed budget have established a law student together with the 100 of a necessary 140 votes assume the duties of any ofrealistic basis against which to concurrence of two-thirds of were garnered, the student ficer or director failing to perbody indicating its preference measure future budgets. It is SBA, an appointee may be terduties, manfor special elections in such form his or her also hoped the higher cost per minated. treasurer to submit dating the student figures will enable the More provisions were circumstances rather than apa rather than a semi-monthly more One of defeated than passed. pointment. law school to receive Interestingly, the provision monthly financial report, and consideration from Albany and the more heavily opposed proother outside sources when posals called for filling vacan- to fill a president's vacancy naming the secretary as the dealing withfunding and finan- cies of resigning vice with the vice president nearly SBA rules committee chairperpresidents, secretaries and passed; falling only five votes son, cial aid. the official advisor of short of approval. But, in the event such an assumption of parliamentary procedure and presidental duties by the vice the official SBA liason with president occurred, the SBA-recognized student students strongly expressed a organizations. "New York State Taxation" covered during the seminar are preference that the vice presiAn additional provision the rules affec- dent's vacancy be filled, not by is the subject of a program to the sales tax did not pass would have which ting Bufmanufacturers and be offered February 22 in ven- appointment, but by special prevented a student from both falo by the New York State Bar dors, and the report of the election. Temporary Governor's ComAssociation's Continuing Legal The new concept of "con- running for and holding two or positions SBA Education Committee and the mission to Review the Sales tingency directors" also failed more and Use Tax Law recent to garner sufficient student apTax Section. simultaneously As in the past, The program begins at 9 a.m. franchise developments, re- proval. By a vote of 108 to 103, students will only be property tax 31 short of the necessary twoat the Sheraton Inn-East at cent prevented from holding more developments, and practice thirds, the idea of filling direc2040 Walden Aye., Buffalo. than one office at a time. Some of the areas to be and procedure in dealing with tors' vacancies by appointFinally, the provision to the New York State Depart- ment of those candidates for authorize SBA, by two-thirds ment of Taxation and Finance. office not elected in the bind the vote of The program chairman is original election in the order of approval, to any student appointee to a Paul R. Comeau of Buffalo. their finish in that election was faculty or university commitSpeakers will include Edrejected. Again, these vacanwas narrowly defeated. ward A. Griffith Jr. of Buffalo, cies will continue, as they have tee Two more yes votes were Peter L. Faber of Rochester, in the past, to be filled by necessary to approve that proMichalak and Francis Ronald J. special election. posal. the 1979-80 school year are Busold Jr., both of Albany, Regarding the duties of SBA has, since the time of eligible, but published articles or Joseph H. Murphy of Syracuse, SBA's oficers, the students did those, which have been accepted and Frederick J. Martin of the recent referendum, worked not approve the following profor publication are not. White Plains. posals: allowing the vice presi- its way through the remaining Papers should be postmarked sections of the old constituby June 30, 1980, be double-or tion. The provisions and protriple-spaced and not exceed 50 posals discussed above were "An Introduction to Pension sibilities, prohibited transac- the product of deliberation pages including footnotes. Entrants should include their and Profit Sharing Plans" is the tions, procedures for termina- over the first half of that conname, permanent and temporary subject of a program to be oftion of plans, practical drafting stitution. As a result of the addresses and telephone numbers, fered February 29 in Buffalo, considerations, and protecting deliberations regarding the sename of their law school and their by the New York State Bar employee's rights with the cond half, SBA will be submityear in school. Association's Continuing Legal plans. ting proposed changes to the Essays should be mailed to: Education Committee and the The program chairman is Anstudent body at the time of the Coordinator, Law School Essay Tax Section. drew j. Fair of White Plains. upcoming t SBA ' election, Contest, ABA Criminal Justice The program begins at 9 a.m. The speakers are Seymour February 28 and 29. These final Section, 1800 M Street, N.W., 2nd It will be at the Sheraton Inn- Goldberg have received apof Manhasset, Irving proposals Floor South, Washington, D.C. East, at 2040 Walden Aye., Bufproval from two-thirds of SBA D. Brott Jr. of Buffalo, Charles and are not repetitive of any of 20036. falo. For further information, please Among the topics to be J. Vacaro of Great Neck, Larv the proposals previously ofcontact Marcia Christenson, ABA, covered are the selection of dis Olesker of New York City, fered. The new proposals will Criminal Justice Section, 1800 M the proper pension or profit- and Barbara D. Barth and also require two-thirds apStreet, N.W., Washington, D.C. sharing plan, tax consideraRichard S. Fischer, both of proval from those students who vote. 20036(202)331-2260. tions, fiduciary responRochester. - First Year Students Dominate Vote In SBA Constitutional Referendum William Greiner The total budget for resident students, currently $5,800, has been raised to $7,200 for the 1980-81 academic year. The married and commuter law student budgets, currently $8,056 and $4,410, have been raised to $9,000 and $5,285, respectively. The married student budget is similar to the budget with the exResident ception of the room and board line. This $2,700 line was doubled when used to calculate the married student's budget. The increase in the average law student budget will result in an increase in the law student's capacity to borrow money. However, financial aid Bar Offers Taxation Program — . — Exclusionary Rule Is Topic Of Student Writing Contest - WASHINGTON, D.C. The American Bar Association's Criminal Justice Section announced sponsorship of the 1979-80 Alan Y. Cole Student Essay Contest. The subject area for this year's contest is "The Exclusionary Rule: Do We Really Need I;?" The winner, to be announced in July, will receive a $300 cash award. Essays will be judged by a three-member panel of section volunteers. The contest is open to all students enrolled in ABA accredited law schools except candidates for advanced law degrees and ABA employees. Entries may consist of a discussion of case law, litigation techniques, or any legal discourse which might further advance this field qf law. Papers prepared for 8 Opinion February 21, 1980 Pension Plans Seminar Set ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-02-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e09817b1a3254925fcd28e2b3f136ada.pdf 3817e8f429214ac855358fa8c58800e6 PDF Text Text First Year Participation In Moot Court Banned by Bob Siegel The law school faculty voted last Friday in favor of an Academic Policy and Programs Committee (APPC) proposal to prohibit first year students from participating in the Desmond Moot Court Competition: A major concern during the discussion was the issue offirst year students missing classes in order to research and write their Moot Court brief. Moot Court Board Director Tim Cashmore argued, according to information compiled by the Moot Court Board, that the average first year student only missed three classes due Tim Cashmore Moot Court Board Director balanced against the value of improved research and vocacy skills. The argument was rebutted by the faculty assertion that missing three consecutive law school classes may have a devastating effect to the competition. This, on a first year student, Cashmore said, must be especially as the fall final ex- Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 9 hand, said he felt the small simultaneously was felt to be Cashmore also asserted that quantity was a consideration. too much for the average first a very small proportion of the "Should we bother ourselves year law student to handle. In first year class competed. Last with any group of 20 to 25 peo- addition, the research and semester, only nine per cent of ple who wish to be self- writing course was designed to the first year class actually destructive?" he asked. There ■teach brief writing and finished the competition, he was some sentiment displayed research techniques during the said. This statistic does not acagainst being overly paterspring semester. First year count for those students who nalistic. students competing in the fall invested valuable time in their The law school library staff would circumvent this plan. research before becoming was in favor of the proposed The alternative of running disheartened. change. Marcia Zubrow said the competition for first year Professor John Schlegel first year students did not have students during the spring responded with an argument enough experience using the semester was not considered valuing quality over quantity. library and thus, do not use its feasible. The majority -of While few students may miss resources appropriately. Karen upper-division specialized classes, the students who do Spencer said she felt this competitions, including the are the "best students," he resulted in an over-worked Mugel Tax Competition, are said. This might prove disrup- reference staff. held during the spring tive to classroom discussion. With the expansion of the semester. A large scale first Non-competing students might research and writing course to year competition at that time be adversely affected. a full year, two major writing would be impossible to adProfessor Katz, on the other efforts occurring minister, Cashmore said. amination period nears. Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University ofNew York at Buffalo School of Law March 6,1980 Pierson Elected New SBA President by Doric Benesh Second year student Melanie Pierson defeated first year student Orest Bedrij in the race for Student Bar Association (SBA) president last week. Pierson's 153 to 89 margin given her the Board's executive position for the transitional term of office which was recently approved by the student body. It runs until September of 1980. managed to garner only five candidates for six positions as directors. Each of the five candidates, quite naturally, won. They include: Arthur Hall, Jeff Taylor, Lou Maino, Doug Johnston and Milton Carlier. Elected b\ write-in was Steve Seener. Besides the presidential race, the only real contest was among first year students. Twelve individuals ran for six positions. Those elected are: Perri Fitterman, Edward Flint, Nancy Bridges, Bill Hayes and Dale Margulis. Tied for sixth are John Feroleto, the only en- signatures together with a twothirds vote of the students of that director's class or the en- tire student body if an officer. The final provision which was defeated had been added to the ballot to clarify the student stand on a related proposal in February's earlier referendum. In the previous referendum, students clearly stated they did not want SBA to bind student representatives to faculty and university committees with a two-thirds SBA vote. The proposal defeated last week would have allowed SBA to bind student representative's votes on faculty and university -committees with a majority vote of SBA. Only two provisions receivIn addition to the elections ed the necessary two-thirds for officers and directors, the vote to become part of the remaining issues regarding SBA Constitution. The first constitutional amendments clearly expresses the student's were placed before the student intent that a quorum be prebody. Once again, the student sent for SBA to conduct its body has strongly voiced its business. The second provision provides preference for filling vacancies approved a on the SBA board by election and not by appointment. The students defeated the proposal which would have given SBA the authority to'appoint, by a majority of the board, persons to complete a term of office which is 48 days or shorter. The second provision defeated by the student body would have provided that a law student may run for more than one position buy may not hold more than one position. J Ted Donovan The third provision which New Third YearDirector the voters defeated would mechanism for referenda for have liberalized the process by any issue confronting the law which SBA officers and direcschool student body. The contors are impeached. As in the stitution currently provides for such referenda only with past, impeachment shall re quire a petition containing 25 regard to amendments to the per cent of the student body's SBA Constitution. cumbent, and Matthew Modica. A run-off election will be held in the near future to settle this cohtest. Melanie Pierson New SBA President Other persons elected to fill SBA officers positions, until September 1980 are: Pat Dooley, Vice President; Jessica H awkins-Creenridge, Treasurer; and Steve Butler, Secretary. Each of these individuals ran officially unopposed, although write-in campaigns made a weak stab at challenging them. / A third year director vacancy existed because Dwight Wells resigned this past semester. No third year person's name was placed on the ballot, but Ted Donovan, retiring SBA secretary, was elected to fill Well's term of office by write-in. Following the third year class's lead, the second year class had a low turnout and . James Atleson, originator of ASSC proposal Student Organizations May Be Denied Credit by Carol Gardner The Faculty-Student Committee on Academic Standards and Standing (ASSC) voted unanimously to propose to the faculty a rule to deny academic credit to students for participation in the Buffalo Law Review, Moot Court Board, Buffalo Legislation Project or the Consumer Mediation Service. This rule will apply only to persons whose participation in these activities begins after June 1,1980. The committee also decided to recommend to the faculty the discontinuance of the practice of proctoring "sit-down" or classroom final examinations. Dean Thomas Headricfc, Professor William Grefner, Professor Michael Schaeftler, Professor W. Howard Mann, Assistant Law Librarian, Linda Cohen and Oliver Young, alternate student representative tatives,- Doug Johnston and Mike Rosenthal, were not present for the vote. Pierson had not found her notice of the meeting until after it was over. Johnston had a class at the same time as the scheduled meeting and Rosen-, thai was busy with his job as a Resident Advisor. All three students had knowledge of the meetings' proposed agenda. The committee did not notify the student body, the SBA or the student organizations involved in the "removal of credit" proposal. It voted for the proposals and then directed Creiner to draft a report for submission to faculty and student groups for comment and suggestions before making a final proposal to the faculty. SBA representatives took exception to this procedure at their February 13 meeting. They criticized the committees' procedure and passed a voted for the proposals. Stu- resolution by a vote of 13 to dent Bar Association (SBA) directing the student represenrepresentative, Melanie Pier- tatives on the ASSC to solicit son, and student represencontinued on page 8 > �• Opinion Vol.20, No. 9 g\ • Memo March 6,1980 Editor-in-Chief Randi Chavis Clarifies The memorandum from William Greiner, reprinted below, was posted in various spots throughout the law school last week. Managing Editor Amy Jo Fricano News Editor: Feature Editor: Photo Editor: Business Manager: Ted Tobias Bob Siegel Michael Shapiro Ricky Samuel Staff: Alan Beckoff, Doric Benesh, Marc Ganz, Carol Gardner, Jeremy Nowak, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. Contributors: Jay Marl in. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, NY. 142b0 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Don't Mind Us! We Only Go To School Here We think a decision to discontinue giving credit for participation in such student-run organizations as BLP, Moot Court, Law Review and the Buffalo Consumer Mediation Program is important enough to merit careful consideration. We also believe such careful consideration should be based upon student as well as faculty input. We feel, therefore, that the faculty who make such decisions should assure they have received such student input before doing so. Finally, we think the students deputized to represent our interest in such decision should assure that they do. The faculty and students involved in this decision seem to feel otherwise. On February 5, the Faculty-Student Committee on Academic Standards and Standing voted unanrrrTously to propose to the faculty a rule to deny academic credit to students for participation in all student-run organizations. Only one student representative was present. Another had not yet found her notice of the meeting. A third had a class that conflicted with the meeting. A fourth was busy with his job as Resident Advisor. If there were others, would we have heard that one's dog was sick, one's hamster died and one's mommy wouldn't let him go? We do not question the genuineness of the representatives' excuses. What we do question is the genuineness of their commitment to serve the student body in the positions they were granted over other, more enthusiastic candidates who desired to so serve. But enough has been said of the side show to this circus. More interesting acts were performed in the center, ring. With but one student voice to speak for 750, the committee, dominated by the faculty, rendered its decision. Caring so little for student input, the committee neglected those students most involved in the credit-giving process. The leaders and other members of student-run organizations, those with strong and worthwhile opinions on the matter, were not given the slightest notice of the meeting and its clandestine agenda. Only after the committee met, did their dirty work and sent it off to the faculty for final approval were these students given notice of the pendency of such final decision and an opportunity to be heard. Even assuming that granting academic credit is essentially a faculty/administration function, an assumption with which we do not agree, isn't student opinion relevant, competent and downright important? This performance is just one more example of the faculty and administration repelling the student mind and alienating the student body. Opinion 2 March 6,1980 (Don't worry, I am not going to propose any reforms or changes.) and other such exercises in addition to an anonymously graded final examination, is and has been a regular prac- Over the years a number of faculty (more than a majority most years) report their ex- tice in many courses. (Instructors in such courses usually integrate the special project written projects, simulations period. and examination grades by some variation on the +/ scheme described above.) system. ( /-) a plus/minus + Recently the use of the Some of the devotees of this grading practice for facilitate to +/system use it awarding extra credit, while rewarding class participation has become a source of stuat the same time preserving dent concern. That concern is anonymity in the examination not in opposition expressed example grading process. An to the practice, but because follows: 1) Instructor X submits to faculty who observe that the Registrar bluebooks grad- practice sometimes do not put their students on notice ed on a + /- scale. 2) Instructor X also submits of that fact. That seems to me to the Registrar a list of a valid complaint. Without names of students who have intending to create a cause made an outstanding extra celebre, admittedly a faint contribution to the course, hope in light of my past experience on the subject of usually through class pargrades and grading, / respectticipation. 3) Instructor X tells the fully request that those faculRegistrar that students on the ty who intend to give credit "extra performance" list who for class participation or other also have a Q+ or D+ on extra work in a course both their examination are to have announce that to their their letter grade in the students early in the semester course advanced to the next and explain how the extra credit grade will be integrated higher grade, i.e., to H or Q. This practice has been with the anonymously graded observed fairly regularly in examination grade. Full the past several years. When disclosure on such matters is asked for my advice, I have the healthiest course, I think. opined that there is nothing Silence only feeds the paranoia which regularly inof which I am aware in faculty policy which would or fests the halls just before, should prevent this grading during and just after the expractice. In fact, the use of amination and grading — amination and/or course grades to the Registrar using TO: FROM: RE: All Students W.R. Creiner Plus Grades for Class Participation Students have asked for advice regarding faculty policy on recognition of class participation or other extra ' student contributions to a course. As I understand it, faculty policy permits instructors to advance a student's grades in a course on the basis of extra and meritorious performance See my memo to faculty attached. I understand that, in the re- cent past at least, the following faculty have given recognition to class participa- tion. Professors: Editorial Grading Procedure Atleson Del Cotto Greiner Kaplan Other faculty may also do this. You may wish to check with your instructor to determine his or her policy in this regard. TO: FROM: RE: The Faculty W.R. Greiner A Grading Practice Modification Is Regressive, While a handful of copies of the recent memorandum from Dean William Creiner to all faculty and students have graced the bulletin boards for nearly a week, it will come as news to most students, and as a shock to many, to learn that they may have been graded partially on the basis of class participation in large survey courses. The memorandum revealed that at least four professors have, in the past, submitted lists of students whose marks should be raised a full grade if they received a " + " on their exam, to reward them for "meritorious performance" in class, and sanctioned use of such lists by more professors in the future. Greiner is right about the propriety of giving students notice that the procedure will be used. It would only seem fair, coming from the proponents of an "honor system." But he does not tell us how the procedure is to be controlled. Presumably it will be an honor system, void of favoritism. Creiner maintains that there is nothing in faculty grading policy which prevents the submission of a list of students who performed well in class in order to reward them should they receive a " + " grade. Yet he does not mention that the same policy neither mandates, recommends, or even implies the desirability of such a practice. How many times have students been admonished about this sort of syllogistic construction? Creiner further fails to mention the legislative history of anonymous grading, the system instituted to remove personalities from our grading process. The Buffalo -— Model's- philosophy of non-competitive atmosphere now stands to lose a great deal of ground. Class participation is clearly desirable. But do we really want to breed a batch of zealous participators' who contribute to class simply to make sure they don't miss out on any cookies awarded for it? The H/Q/D system was initiated to minimize grade consciousness, to encourage learning for its own Unnecessary sake. Those who participate regularly already, do so for the learning experience involved. They should rightfully feel insulted by the memorandum's insinuation that the way to beef up class participation is to offer bonuses. Many students come to Buffalo to avoid this very sort of thing, and the atmosphere that accompanies it. Everyone is aware that anonymous grading generally does not, or cannot, exist in" seminars and simulation courses. We understand that class participation is necessary to the success of these courses. But if we are go- ing to reward class participation in large courses, we need a consistent, equitable means of institutionalizing such a judgement. +/— grades received on exams and written work are not presently recorded on student transcripts. Students are under the impression that +/— marks are posted for their own information, a means to aid the student in understanding where his work fell in the grand spectrum. Now we are told that " " may count for something. But whaP about the meritorious participant who gets a straight H, Q, D, or a "-"? Is his contribution to the class less im, portant? Is is safe to presume that a professor might also submit a list of "perpetually unprepared" + students who shall have their grades lowered letter if they should receive a to the next "_«? To some of us, the hew significance which may be attached to a + grade sounds like one more.attempt to change the Buffalo Model grading system. It certainly is a backward way to refine the system, if that is the aim. The H/Q/D system has begun to overcome the hurdles its opponents so often cited. Buffalo students are no longer job market outcasts as evidenced by the seniors who have landed coveted positions and judicial clerkships. Let's not tamper with it, now that it Is working. �Grading Deadline Extended by Alan Beckof f The dean said enforcement of the standards must be based In an attempt to reconcile on good faith. Any type of students' demands for timely penalty would be impracgrade reporting and their own ticable, he said. The preventive needs, the faculty passed a measure of requiring proresolution last December set- fessors to limit all answers to ting February 15 as the one bluebook raises the issue deadline for reporting of fall of academic freedom in that a semester grades. Except for professor essentially would be third year students, the told what kind of question he deadline for spring grades is can write. June 15. The deadlines are not "Where a faculty member limited to this year, and will re- can anticipate not being able main in effect unless the facul- to report within these periods, ty decides otherwise. he or she should advise "Students encounter disap- students of the probable pointed expectations, frustra- length of delay at the earliest tion and hardships; faculty are practicable moment," the charged with irresponsibility resolution says. Most proand are implicated in passing fessors whose grades were late judgement on colleagues; the complied witrr*this provision Dean confronts troublesome by posting notices on the third grievances," according to the floor bulletin board citing a resolution. The resolution fur- specific date. According, to ther states, "In light of this ex- Headrick, all grades will be perience under the standard reported by tomorrow, the (four weeks from examine; beginning of the spring break. tions) established in markedly Perhaps themost important different conditions in 1969, a part of the resolution provides revision in law school policy that "In recognition of the aimed at achieving the timely special needs of first term law tion meets them." He believes the faculty is responsive to student concern and that the setting of a deadline indicates this. Both Headrick and Hyman pointed out that many of the faculty members come from backgrounds where grades often were not reported until well into the spring. In some cases, there were no exams at all until the end of the first year. The dean stressed this does not mean that professors expect students to live by that standard, but that it is a perspective. Some students expressed the opinion the faculty has merely institutionalized its own Struss (I.) and Kerman congratulate each other on Moot Court victory. laziness. David Smith, a second year student, disagrees with Hyman's contention that the faculty is aware of student anxiety. He said the professors have now given themselves "a nice long time." "If a professor has a reason for taking long, he should post a notice immediately instead of at the last Larry Kerman and David represented on February 27 moment," he added. Struss, representing the UB and 28 at the University of But another second year stu- Moot Court Board, were namNorth Carolina. Two teams reporting of grades is ap- students, grading of examinapropriate." tion papers in first term dent, Russell Leisner, said, "I ed the Best Plaintiff team in competed in the Craven ConThe resolution goes on to courses should have priority realize that at the end of a the recent Courley MootCourt stitutional Law Competition. say that a "self-imposed target over advanced courses." semester a professor needs a Competition in Pittsburgh. As a The issues were whether a will be viable only if the policy Headrick said the faculty was vacation, too, and that he can result, they advanced to the minister had standing to is seen to satisfy certain condi- aware that first year students grade only so many papers a competition's final round, challenge a statute prohibiting tions: the time period adopted have somewhat more anxiety day. In fact, I prefer a prowhere they lost to the cham- mentally retarded persons must promise a reasonable about grade reporting than do fessor taking his time so I am pionship team from West from marrying, and whether first such legislation violates the likelihood of success in typical second and third year students assured that he fully Virginia. Struss or ordinary circumstances; the "who have been through this understands my answer before runner-up in the Best Advocate Equal Protection Clause of the Constitution. Richard Abbott policy should enjoy the before." he grades it." However, he category. This year's competition reand Robert Curbacki widespread support and comProfessor Jacob Hyman call- would like to .have the mitment of the faculty; and the ed the faculty's /decision a deadline moved up about a quired the student-attorneys to represented the minister, and litigate liability and damages Andrew Mandell and Robert policy, because it deals with "practical resolution to an in- week. ordinary circumstances, must soluable problem." In a letter ."Professors are aware that arising from an automobile ac- Whitbread represented the admit of exceptions for large to Opinion last Semester, they are here to teach future cident. Accompanying the State. On March 27 and 28 Ellen courses and for other special Hyman pointed out that lawyers and that they have to team as witnesses were Loula demands upon faculty. Atten- reading exam papers is an ar- put up with it (grading)," Barkas, Clenn Pincus, Walter Evans and Gladys LaForge will compete in the Wagner Labor dance at conferences, prepara- duous task and "I can only do Leisner said. "In their job it's Sieman, and Ezra Zubrow. The board was also Law Competition sponsored by tion of neTV course materials,, a certain amount of it each day an occupational hazard." Advertisement New York Law School. The excess bluebooks are il- before fatigue threatens to imissue this year is whether inpair my judgement." He had lustrative of such demands." terns, residents and clinical Dean Thomas Headrick said also written, "I am supposed to faculty cost of a students to a substantial of a teaching hospital making get prepare of resolufor two courses and The faculty support the are considered professional tion was overwhelming, with get enough rest to 6e able to lawyer goes up every year, discount on necessary study employees under the 1974 The most visible costs, tuition aids and, at the same time, only one or two dissents. He bring some energy and enHealth Care Amendments to added most professors submit- thusiasm to them. These two and textbooks, have gone up roll back the tuition costs of the National Labor Relations ted their grades to the Admis- demands I should suppose between 15-25% over the last bar review, Act. three years and in the next Students who enroll in a sions and Records office have some relation to my The Board will sponsor the three years the rate of infla- 1981 or later BRC review before the deadline this teaching obligations, wholly seventh Annual Albert R. semester, but some who had disregarding any attention to tion could easily add another course before March 21,1980 Mugel Tax Competition on 30%. Atjhe same time, the (trie student may transfer in been more prompt in the past research." March 28 and 29 Twenty eight "incidental" but necessary the senior year at no cost to Hyman now said, "These are had taken a little longer this teams representing 21 law expenses for transportation, any BRC course in the counyear. valid reasons and the resoluschools will compete. A nonstudy aids and bar review try) and pay a $50 nonMoot Court team composed of courses are rising at the same refundable deposit will Tony Cardarelli and Robert receive over $100 in outlines. '■' pace. While it is encouraging.to tapes and discounts, a conJacobson will represent Bufon for tinuous 10% discount The problem, written by starting that salaries falo. tenure, know faculty be considered for will reappointment, Several Professor Joyce, involves an and/or promotion during the spring semester, 1980. Students who lawyers are also going up publications of CES and roll (some major firms are back the course price to 1979 interest-free loan and debt have taken their courses are invited to write a letter of evaluaprices. income. reportedly paying top discharge tion. That letter should go to the convenor who is designated The written materials inThe board will send the graduates .in excess of next to the name of the faculty member. team of Gary DeWaal and Phil It is expected that the letter will discuss the professional s3o,ooo per year), this fact elude four new unmarked Myers to the Irving R. Kaufman qualifications of the faculty member in terms of teaching ability, does not make getting BRC Law Summaries in ConSecurities Competition sponscholarship (if known), and interpersonal relationships with through the rest of law school tracts. Criminal Law, Criminal sored by Fordham Law School students. The letter should be written legibly, and hopefully, with any easier. The Josephson Procedure and Torts in the on April 7 and 8. One issue is a balanced flavor. It should be signed by the writer; it wilr be Center for Creative Educa- first year and a new set of whether a plaintiff-investor tional Services (CES) and Bar four outlines in the second held inconfidence by the convening committee. may proceed pursuant to an Review Center of America year. The CES discounts inThis semester the faculty members being considered for reap(BRC) have developed a pro- elude two 50% coupons on implied right of action under pointment, tenure and/or promotion 'are: I s ' gram to dealwith these rising tape sets (worth up to $30) §10(d) of the Securities Excosts. With a groups they call and a 10% Preferred Student change Act of 1934 when the Convenor Room Name of faculty member , New stattn entitling to Discount Card the Alliance alleged violation falls within (National NAFI 422 Richard Bell Tenure and promotion Creiner purview of the express Fight Inflation), the combined early enrollee to cash disthe Tenure and promotion Spanogle 414 Virginia Leary remedy provided in §18. The buying power of first and se- counts on CES purchases 517 Marshall Breger Tenure and promotion Albert other issue concerns' the cond year students and the through law school, Reappoirjtment Met arty 415 Robert Berger Students who only wish to Kochery value of a predictable enrolldegree of due care- a plaintif Halpern Reappointment 513 Philip Reappointment Boyer 318 Nils Olsen have enabled the freeze the bar review course ment base who is a "sophisticated" inDel Cotto Reappointment 529 Michael Schaeftler companies to offer a package price may do so by a $25 nonvestor must demonstrate in Reappointment Newhouse 412 Paul Spiegelman deposit. refundable permits of benefits which law order to establish his implied Creiner 422 Promotion Barry Boyer JoMDhson Bar Rwtow Center of Am»rlc«, Inc. cause of action under §10(b) M.rlno-Jowphson/BRC: 71 BrMdway, 17th Floor. M.Y., N.Y. 10006 Letters should arrive before March 7,1980. Thank You. and Rule 10(bX5). Moot Court Roundup Kerman, Struss Win Honors In Pittsburgh . Costs Of Legal Education Soar Evaluation Letters Solicited .. - March 6,1980 Opinion 3 �Dollars And Cents NDSL Checks Delayed By Shortage Of Funds by Jay Marlin As of today, there are a substantial number of National Direct Student Loan checks that have not been paid to the law school student body. This is causing con- siderable inconvenience and real economic hardship to more than several students. While a precise number is not those persons whose last names range from A to J. The M's, R's and Z's are presently, on the short end of the stick. You ask: "What's going on?? I filed my financial aid application on time. I received notice on the financial aid on time. And, now I'm waiting -until mid-March for a NDSL check??!!" The problem with NDSL checks this spring is a matter of two principal factqjs: a larger number of persons accepting offers of NDSL money than in the past and an increase in the default rate on NDSL loans.. Like offers of admission, the financial aid office makes more offers of financial aid attainable, from the number of phone calls and in-person inquiries received at the law school's financial aid office, this is a significant problem in both the numbers involved and the severity of the problem. The good news is that your NDSL check is not lost. and it is on its way. But like the than they have money based hostages in Iran, the checks on a historical percentage of often don't seem closer to . any home than they were several weeks ago. The bad news is that most of the outstanding checks won't be on campus Until approximately March 15y and some checks may not get to here until late March. A substantial number of NDSL checks have been distributed, principally tp persons who don't accept the aid. This way the maximum amount of financial aid money is offered to the greatest number at the earliest possible opportunity. This year the percentage of people who accepted financial aid increased signficantly" over previous years. This is important because FederalFunds Granted To PAD, International Phi Alpha Delta Law Frater- children from kindergarten nity, International (PAD) has through 12th grade. received a two-year federal The organizations involved grant amounting to $450,000 to are American Bar. Association, conduct a Juvenile Justice and Children's Legal Rights InforDelinquency Prevention Pro- mation and Training Program, Constitutional Rights Foundagram. Announcement of the grant -tion, Law in a Free Society, Nawas made by attorney Frank tional Street Law Institute and McCown of Ironton, Ohio, In- PAD. ternational Justice of PAD. The LRE program originated PAD has 75 chartered alum- in the early 1960s with its ni chapters and chapters at 160 primary focus on providing law schools throughout the more effective instruction in U.S., Canada, Mexico and Puer- the fundamental principles of to Rico, including the Alden the Constitution and Bill of Chapter at UB headed by Rights. However, the past 15 Chapter Justice Ron Winter. years have seen a growing PAD is one of the worlds recognition of the need for largest legal organizations LRE and the emergence of a with 91,000 initiated members. variety of law-related educaMcCown said the program tional programs. will be administered by PAD'S "Most citizens would not be newly-opened Juvenile Justice surprised to hear that crime Office in Washington, DC. has increased over the last'lo The program will utilize the years," said McCown. "Yet approach of law-related more people are unaware of education (LRE), which is the alarming rate at which designed to educate youth in juveniles are becoming part of the role of law in American those situations." For example, society, the nature and scope although youngsters from ages of our legal system and the 10 to 17 make up only 16 peruses of the legal process in the cent of the total population, they account for 45 percent of resolution of disputes. "The goals of LRE center on those arrested for serious that knowledge and understan- crime. Overall, juvenile delinding, as well as those skills, at- quency has increased at twice titudes and appreciations the rate of adult crime during which assist young people in the past 15 years. both private and public "What these statistics inelementary, intermediate and dicate is the need to begin con--' secondary schools, in becom- centrating on ways of prevening well-informed, sensitive ting young people from and active citizens in their becoming juvenile delincommunity, state and nation," quents. That is what we hope to accomplish through our LRE said McCown. The LRE program evolved program " PAD was founded in 1902 from the federal Law EnforceAdministra- and includes as members such tion, which designed a plan to promineat persons as Warren involve six national organiza- Burger, Chief Justice of the tions from the fields of both U.S., Benjamin Civiletti, Ateducation and law and bring torney General of the U.S., and more law-related education to Sen. Ted Kennedy. ment Assistance 4 Opinion March 6,1980 €Z7 a check are sent a postcard the money is paid into the system by those students who are paying off their loans, and then is disbursed to those students who are getting new loans, a six week process. New checks for the spring semester are usually • made from the money collected for the fall term. With an increased percentage of students receiving aid, and a reduced amount of collections due to a higher than average default rate, SUNY financial aid has been unable to pay all the new NQSL checks until the January and February collections have in- forming them their check has arrived. So, right now the vouchers are sitting in Albany, waiting for sufficient funds to arrive in the account, to pay off the checks. An additional problem occurs, when you have several large vouchers and quite a few small ones. If there is a voucher for $20,000 and only $15,000 in the account, and there are three $4,000 vouchers, then those three will be paid off first. The inevitable result is often the smaller NDSL checks are paid \ off been received. before the larger ones. This is NDSL checks are rrot made ironic in that persons with the out at ÜB. The financial aid of- larger NDSL checks are in the fice sends to the office of stugreatest heed. Unfortunately, neither the dent accounts a roster of those students who are to receive law* school nor the university NDSL checks and the amount has an emergency short-term of those checks. The office of loan fund. Although some student accounts sends a were in existence several years voucher to Albany, consisting ago, they were discontinued of some 20 to 50 names with when students depleted the dollar amounts, SUNY finan- loan fund and there was no cial aid writes out the checks mechanism to force the students to repay the loans. on the UB NDSL account. Discussion has begun in the Like your own savings account, once there are suffi- law school about the adcient funds in the UB account, visability and problems of starthe checks can be \vritten, but ting such an emergency loan not before then. Once the system again. Many private schools take checks are written, they are sent back to the office of stucare of this problem by offsetdent accounts in Buffalo, and ting anticiapted NDSL the students who are to receive revenues with university based funds so that the NDSL checks can be paid at the beginning of the semester. Due to the unique position of this school within a state university system, this possible solution has been dismissed as either impossible (no funds) or im- practicable. Of course all this is of little solace to those persons who are looking towards March 1 with no funds for rent, and little or no funds for food. The law school receives approximately 25 percent of the NDSL money distributed by this university. It plays a very important part in the financial aid package that students depend upon. While there is seemingly very little now that can be done about this situation, serious consideration must be given to ways of avoiding, or better dealing with this problem in the future. * * * Don't forget!!! The deadline for applying for TAP for this year is March 31,1980. Send in that application NOW if you haven't already. If you are still waiting to hear from Albany on your TAP award, please contact me as soon as possible. Also, make sure to send in a copy of your IRS 1040 to financial aid if you are claiming in, dependent status. Summer Session 1980 riorstra Law ochool . DAY AND EVENING COURSES '■ ■' ..-. * - SUMMER SESSION ONE May 27 • July 2 " COURSES CREDITS Advanced Procedure (Compares '"V New York and Federal Procedure) a ■, ?2lilEH Commercial Transactions Survey Criminal Procedure Evidence Family Law Hofstra University School Of Law Hempstead, New York 1 1550 YorK 11 550 (516) 560-3636 4 4 4 3 Federal Income Taxation of Individuals 4* International Law 3 , . ' Law and the Biomedical Sciences Real Estate Transactions Secured Transactions For Further Information Write or Call 3 3 4 3 SUMMER SESSION TWO July 9 • August 19 Business Organizations Commercial Paper Conflict of Laws DebtOr ' Credltor Federa | Estate and Qift Tax Labor Law . Legal Issues in Public Education 4 3 3 3 3 3 3 �fX : \ ff" \ \ fits *° ew tQftA °*-* . I '^iiei^ft^\ s eroherto co^ and eez 5 fa° least S^ 50 II I 1 J March 6,1980 Opinion 5 �Deprogramming Reunites Families, Causes Legal Hassles by Amy Jo Fricano This is the third article in a series examining the recent controversy surrounding new religious movements and the anti-cult movement. This article is based on the observation of a deprogramming by Ted Patrick and interviews with lawyers representing both interests. The deprogramming had lasted five long days. Four had been spent anxiously awaiting the arrival of Ted Patrick. There was only one day of actual sessions with Peter and Ellen until they "snapped." On the morning after the "snap," Patrick said the twins entering were the psychological phase he calls "floating," a period during which the cult member's mind lapses automatically into selfhypnosis when not stimulated or active. spent a little more time with her alone. Her anger was more evident than Peter's. She was confused at the failure of her Perfect Master's system and unsteady at the prospect of returning to the outside world. But she rummaged around in her closet and brought out a virtual library of collector's vintage Divine Light reading. She asked her mother to take it. Robert examined the collection over breakfast. A large book mark caught his attention. A maxim attributed to Maharaj Ji was printed on it. "If you surrender, it's easy to destroy mind. If you don't surrender, then mind destroys you." He shuddered, remembering his shock the day before when Patrick got Peter to admit his belief in the tenet. Maharaj ji teaches that "mind" and "brain" are two "You take it for granted. Patrick has served time in four states on numerous charges including kidnapping and These kids often say they feel like better people for what they've experienced. They become very independent thinkers, careful investi-, gators," he said. Patrick maintains that during the floating period, it is important for the ex-cult member to get some perspective on what has happened to him. Contact with other deprogrammed cult members is very helpful, since family and friends can't fully relate to feelings they never have, had themselves. So Patrick's video equipment serves a second purpose when he is in the field. He crowded Peter, Ellen, the family and the entire advance team into Peter's room to view some interviews taped before and after other deprogrammings. First Patrick played an NBC documentary about Rev. Sun Myung Moon, the Unification Church and the religion's seminary at Barrytown, New York which recently sought and was denied accreditation. The film centered around excerpts from Divine Principle, Moon's treatise on religion and politics. Several of the viewers in the room gasped at Moon's professed goal of conquering all world governments with peace and bringing them together under his control. Following the Moon documentary, Patrick set up another tape, this one an interwith an exview Transcendental Meditation instructor. The group began discussing the similarities they saw between the Divine Light Mission, Unification Church, Hare Krishna and TM as they heard more and more from the taped deprogrammees. When the films were over, Patrick took Betty and Dick, the twins' parents, downstairs to discuss the "rehabilitation" vacation Peter and Ellen woulci go on the next day. The twins and the advance team would fly to San Diego, Patrick's home base for a couple of weeks, and then go on to Lake Tahoe for another week or so. He emphasized Peter and Ellen would not'be entertained; rather they would have to decide what they wanted to do and when they wanted to do it. "They've gotten out of the habit of making their own decisions," said Patrick. "It will be hard for them at first even to decide what to have for breakfast. They'll stay with us until they get used to thinking for themselves." After lunch Peter and Ellen were required to select the afternon's activities. They decided to go to an afternoon movie, something neither ■ of them had done in a very long time. . Ted Patrick (I.) and Patrick M. Wall, his attorney Peter emerged from his wholly - distinct, Ted Patrick separate bedroom that morning, no things. Man's mind is responsilonger considering himself a ble for all of the evil in the captive, but hesitant to discuss world, from war and crime to how he felt. pollution and technology-run Robert understood his amok. Therefore, the mind brother's reluctance. After all, must be quieted. he said, Peter had just realized The brain on the other hand, that what he had regarded as a is the triumphant hero respon- ' fail-proof, ultimate support sible for all of man's good system, Divine Light Mission, achievements and acts of was the very sort of big • humanity. The brain can act business rip-off he had sought only when the mind is out of to escape. Peter had suddenly 1 the way, according to Maharaj learned Maharaj Ji was a phony, a charlatan who had Explaining this to Robert forsaken him when he needed later, Ellen said she had been his Guru most. told many times if she were to Peter feebly asserted he was stop meditating or practicing "all right." Deep down he was Knowledge, her "mind would angry, but he said it took him come back stronger than some time to express it. ever." It would "devour" her. Later, he quietly told his According to Patrick, the brother, "Ted's right. I am warning Ellen recounted is floating. When I was standing truer than its speaker ever imin the bathroom brushing my agined. teeth just now, I wasn't really "The kids I deprogram focusing on anything, and I usually become even stronger could feel my mind slipping people than they were before away, distant, kind of uncon- they entered the cult," Patrick trolled. I would have begun said. "If you haven't had your meditation automatically, but ability to think taken away from you, you can't really apI stopped myself." When Ellen awoke, Patrick preciate its value. Opinion 6 Much 6,1980 Patrick and the remainder of the group spent the afternoon in the backyard by the pool. The conversation eventually swung around to Patrick's legal problems, which are plentiful. Although he has won some important legal battles lately. unlawful detention. Beside his frequency of appearances as a criminal defen- dant, Patrick has had to defend several libel actions based on his book Let Our Children Co.' as well as a federal civil rights action brought by Unification Church for unlawful imprisonment. In April, Patrick goes on trial in his own hometown for deprogramming a girl who had been a Scientologist. The girl returned to Scientology during her rehabilitation at the urging of her father who did not have legal custody over her. Patrick had been hired by the girl's mother and step-father. Patrick's attorney, Patrick M. Wall, of New York City has never lost a trial for Patrick since taking him on as a client in 1973. Wall said his strategy is usually based on the defense of justification with a twist of agency law: If the parents were justified in seeking his assistance, then as agent of the parents, Patrick was justified in performing the deprogramming in order to prevent a greater harm. Wall said he tries to avoid First Amendment implications during a trial. "There is no real First Amendment issue involved," he said. "The groups are people purporting to be religions in order to take advantage of young people in turmoil. "Whether or not they ara real religions is the question. I believe they .are not. It's very difficult to define a religion, but I'll figure it out if Ted Patrick ever snatches a Trappist Monk. "But the cults Patrickworks on are true frauds. They turn members against families and friends for money, power or both. The government may have to be the one to recognize it eventually," Wall said. In a highly publicized case in Seattle in 1974, the court ruled a kidnapping by Patrick on behalf of the person's parents was justified, in light of evidence presented about the practices and beliefs of the group. The parents were found to have properly selected the lesser of evils, by seizing their daughter from the Church of Armageddon, led by Paul Erdman who calls himself Love Isreal. One of the group's rituals consisted of inhaling toluene from plastic bags. Two members made headlines when they died from practicing the rite, alerting Kathe Crampton's parents to her plight. The American Civil Liberties Union's (ACLU) committee on religious freedom has been active in the legal battles, too. The ACLU regularly argues against the use of conservatorships over adult children by parents who wish to provide the cultist with a cooling-off period during which he can evaluate his chosen religion away from its controlled environment. The ACLU position is that use of conservatorship in such a way is opening a pandora's box of potential abuses. Several members of the ACLU committee on religious freedom are also members of the Alliance for the Protection of Religious Liberties (APRL). an anti-deprogramming group. APRL actively seeks to aid cultists in pressing charges against deprogrammers and members' families. However, if cult members are truly suffering mental and physical damage from their cult involvement, as Patrick maintains, why haven't the cults been sued themselves? Only a few civil actions have been brought. One case recently ended with the award of over two million dollars in damages to an ex-Scientologist for inflictio/i of emotional distress. Wall thinks the door is just opening to these civil actions, but he has no-plaintiffs himself at present. In his view, both the parents and the child may have separate causes of action for unjustified Interference with "the familial relationships. Damages are measurable in terms of money spent on or donated to the cult, lost income, suffering and the cost of deprogramming. But suing Divine Light Mission seemed to be the farthest thing from everyones' minds, when Peter and Ellen returned from the movies that afternoon. Joy and relief washed over them all. As Betty said later, it was as if her children had been returned to her after being missing for four years. For Ted Patrick and the other members of his team, trie satisfaction of another successful mission was evident.. Peter wanted a beer. First Annual UB LAW SCHOOL SPRING RUN Open to all UB Law School joggers, runners, etc. Qate: March 28 Time: 4:00 Place: Start and Finish in front of O'Brian Hall BEER PROVIDED Beer to be paid for by losing team of "either the students or faculty. Winning team decided by average time of first five finishers of each group. �Pep Talk Stadium And Redevelopment Go Hand-In-Hand chise in Montreal, Canada. The vote was entirely unexpected, and a shock to the financial backers of the proposed Buf- by Joe Peperone Once upon a time, 1968 to be exact, the Erie County Legislature voted unanimously to build a bO.OOO seat, domed stadium in Lancaster, a suburb of Buffalo The stadium was to be occupied by both the Buffalo Bills football team, and the soon to be announced National league baseball franchise But something happened In large part to diffuse the federal anti-trust issue facing baseball at the time, the National League owners voted to place the new expansion fran- took to the field. The team enjoyed moderate $1000 each, team success in its first season, both on the field and at the box offalo baseball team. The fice, and this success has again stadium issue was put on the "raised the hopes of baseball back burner, and finally skuttl- fans around Buffalo that a new ed in the early 70's due to baseball stadium can be built financial constraints. Finally, and a major league franchise to prevent a threatened move could be awarded or moved to by the Buffalo Bills, Rich the city. Stadium, an 80,000 seat Last month, the Erie County football-only stadium was and Buffalo governments joinbuilt in Orchard Park. ed together to fund a feasibiliBuffalo's minor league ty study for a new baseball baseball team, forced to play stadium. The money will be usits home games in an antied to determine where the best quated stadium in the inner ci- location for a stadium will be, ty, folded up and moved away, what type of stadium should ending over 70 consecutive be built, where the funding years of pro baseball in the ci\vould come from, and ty-ultimately, whether the Last year, Buffalo's lovje af- stadium should be built at all. fair with baseball was renewThere is no question that a ed, as the Eastern League placnew baseball stadium would ed a team in Buffalo The antibe a major part of Buffalo's urquated War Memorial Stadium ban re-development Many was spruced up, parking and people, however, question who police protection provided, would ultimately pay for such and the Buffalo Bisons, owned a facility, .and whether it is solely by hundreds of fans who feasible to spend that kind of bought shares of the team for money before a major league Record Rack Ronstadt Deviates From Status Quo throughout, by Mike Rosenthal Mad Love (ostellos — — Linda Ronstadt Neil Dia- September Morn' rrfond Both Ronstadt and Diamond have been making records for about titteen years and have had substantial success. Both have shared an audience of widely divergent age groups. Konstadt also has a large audien<e in country music. Recently these artists were betoThing too predictable and we're playing it very safe. Too sate The urgency that made some of their earlier records vital, and the rawness of the l>rodu( tion, or lack of production, helped add to their aura. However, with their latest albums the two singers have none in very different directions with "Talkin' only in The Unfortunately, a major league team will not commit itself to come here unless a stadium is built or at least under construction. That does not mean that the city's or county's money will be spent on a gamble. To spur the construction industry in the state and encourage building of sports facilities, New York State has allocated a few hundred million dollars to be available to localities wishing to build stadiums. Syracuse's- dome is one example of a facility funded by this state agency. The city and county feasibility study is being prepared to present to the state as a means of receiving funds to build the stadium. It is hoped the people coordinating the feasibility study have learned from the mistakes made when Rich St-adium was built. The stadium was constructed many miles from Buffalo in order to get the best price on the land and the room for parking lots, but the planners had to be extremely short-sighted to build an open stadium in Buffalo's infamous snow belt Also, no' study was made of the possible traffic problems which would be encountered when 80,000 fans converged on a small town with f«*v access roads It still takes far too long to go to a Bills game, a fact which stares many fans away Finally, the stadium, due to the lack of a dome, its shape, and its location is unfit for baseball and thus has never been used more than fifteen days a year, an enormous waste. A new stadium must avoid such short-sightedness. It should be built downtown, on city-owned land near the waterfront. This will place it close to the new subway and access roads. It should be of a size to permit constant and multiple uses, including soccer, basketball, and football (U.B. hopefully) as well as baseball. Finally, it should have a dome; this is an absolute requirement. A dome will not only allow the varied uses of the stadium without weather worries, but will also permit large conventions and shows to take place there. All this is necessary for the stadium to be useful and satisfy the objections of its critics. The goal of such a structure cannot merely be acquiring a baseball team, but the project should also be aimed at revitalizing the area, increasing the numbers of people coming into the downtown area, and encouraging tourism. A stadium restricted in its uses or at the mercy of Buffalo's weather will neither satisfy those purposes nor bring in the money the city needs to fund its revitalization. A new stadium, carefully planned and constructed, will be a major boost to Buffalo, probably having the effect of boosting us right into Dark" missing the mark. Ronstadt has dared to take a chance; doing so has given us her best album ever. and filler a good name Diamqnd however seems because these songs don't even meet the usual standard; very content to sit on his laurels. He tries nothing new expected from either Avoid baseball's major leagues. Let's hop* it ran happen soon on September Morn' and the this album at all costs! album is strained, boring and lifeless because of it. The remakes of four sixties hits add nothing to the originals and, in Momentarily Eternal Man at least two instances, desecrate the memory of great songs. With few', if any, Call me the past. I am the present as well as (he future I was, I am, and I will be redeeming qualities, Mortal man of clay moulded from immortal Hands September Morn' belongs Within my breast beats the heart of eternity anywhere but on a turntable. The BugThe Age of Plastic Momentarily eternity as drops in the River,* gies The spontaneous saviour of mankind, I am Marianne Broken English The whole part and part of the whole Faithful Born out of the cradle endlessly rocking New York, London, Paris, Munich M Birthmark-bearing babies Blemished and thus bound to the Family of Man All three of these albums are By the Eternal Chain of the same school of music, Which links all generations the heavily electronic new wave sound. Some works well, Death be not proud some doesn't work at all. For every grain from its shroud in the earth has risen The Buggies' album works Near the graves of the great dead, beautifully. The groups uses a Kven the stones speak lot of electronic gimmickry, but none of it is used solely for T-hou art the culmination of all there ever was its own sake. Electronic sound The predication of all there ever will be. is a vital part of their songs up from the dead! World without end Rise "Video Killed The Radio life in thyself forever. A man Star," the first single, is an exthis cellent indication of Behold thyselves oh mortal man of clay band's potential. Several other And search no more for eternity standard, incuts live up to this Into the Pool of Time drop reflections of infinity cluding "Living In The Plastic Thou hast found it in thyself. Age," "Kid Dynamo" and " this Check Clean "Clean (*) "Its thin current slides away, but eternity remains." (Thoreau, Walden) album out and watch for this group. "Do you see O my brothers and sisters? It is not chaos or death it is form, Marianne Faithful's voice union, plan —It-is eternal life —it is Happiness." has changed. It is now coarse ( from "Song of Myself") and throaty, though it suits her Walt Whitman new material to a tee. The title quasi N. Rem ('81) song and the "Ballad of Lucy Jordan" are superb pieces. The — — — — With Mad Love, Ronstadt has asimilated some of the tec hnjque. sound and songs of new wave. This is a risky move. Much of this album will not be played on any of the adult contemporary, or easy listening stations that thrive on Konstadt albums. More importantly, nothing on this album will be played on country stations However, rock and pop stations across the country will lump on this album like they have never done for a Ronstadt album in the past. Her versions of two Elvis Costello songs,,--s 'Party Girl" and Girls Talk" are perfect. Her remake of an early hit by the Hollies, "I Can't Let Go," puts the original to shame which is surprising considering how mediocre her version of their hit "Just One Look" had been. The first single off the album, "How Do I Make You," pulsates"; electrifies and sets the standard for the album. rest of the album falls short of This standard is met these songs but still provides % interesting listening. M, on the other hand, is not too interesting, let alone listenable Aside from "Pop Muzik" this album gives pap has committed itself to move to Buffalo. — . , .. — — .. — — — — — — — March 6,1980 Opinion 7 �ASSC Proposes Credit And Proctor Elimination continued from page 1 student opinions before the proposals are sent to the full faculty for consideration. Both the credit proposal and the proctoring proposal were the result of a letter sentto the Editor-in-Chief of the Buffalo examinations. The ASSC proposal, if faculty supervision even be ad- Law Review, and Tim visable. The ASSC report Cashmore, Director of the adopted by the faculty, would stressed the need for the "ap- Moot! Court Board, preferred require each student to pearance and the reality of in- not to comment on the ASSC acknowledge in writing each dependence"- from faculty proposals. Each indicated, semester, that he or she has control for student run however, that they are writing read a policy statement regarorganizations. separate comprehensive ding academic honesty to be Oliver Young offered his memoranda on the issues for published by the Registrar. own explanation for voting to for submission to the ASSC. Each student would also be reOn the issue of proctored exquired to write on each exrecommend the denial of aminations, Atleson wrote, amination paper or other writcredit to student run organizations. "I don't want to be "Apart from the expense and misinterpreted with regards to logistical problems, not to tivities" nor would vigorous committee on December 17, 1979 by Professor James Atleson who is on .sabbatical this semester. Atleson's letter questioned the granting of credit for certain student activities. He wrote he was concerned with "the intense Law Review and Moot Court. pressure" organization leaders The exclusive nature of these feel as a result of their organizations was the reason I evaluative role. considered taking away He said he was also concern- credit," he said. "Minority ed with the granting of credit students have almost no to some student organizations chance of getting in these two but not to other organizations organizations. 'Mr. Ellis whose work is of academic (Winston Ellis, a second year value. Atleson also called law student) is the first minoricredit a "game" and an "anxie- ty student to get on Moot ty factor which is not Court in seven years. In other valuable." He wrote he was words, minority persons are, if "open to persuasion," but did not de jure, then de facto exnot believe any organization cluded from these organizawould be "unduly hampered tions for various reasons. I by the lack of credit." didn't buy the argument that The committee apparently the lack of a professor giving agreed with Atleson's observa- credit was a reason to take, it tions. In its February 13 report, away from the groups. I think it listed its reasons for propos-, students can evaluate each ing the new rule about credit. other's work to give credit or "Intuitively, we are all in the not to give credit." camp that 'thinks SRO's (stu.Schaeftler commented, "I'm dent run organizations) would enthusiastic about the ASSC's function in some sense better proposals and am looking forwithout credit.' " The commit- ward to the entire faculty ratitee also said it believed "it is fying them." Greiner said he not possible to have both real agreed with the proposals for and significant faculty supervi- the reasons explained in the sion of SRO's credit bearing acASSC report. Wayne Lopkin, . — - W k mention the terrible burden on our staff, it is simply silly to use proctors for adults." The ASSC report recommended to discontinue the use of proctors in sit-down classroom final examinations. It also recommended some staff person be available to provide assistance-to students who become ill or indisposed during examinations or to alert the Registrar to problems regarding the administration of am — Ml ■I ■■ ■ WM I TIME- I A #1 m# I VV II Mm -a 8 Opinion March 6,1980 "i-10 — 9-10 Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. \m ■■ _ Prof. Younger's course on New York Practice will be offered live in New York City and on llji W ■■■ WM. mWP : i against having such a partisan speaker so this original idea by R.W. Peters » Class will be offered on four consecutive Thursday Evenings beginning on March 20th. P HI 'Name' Speaker Sought The CPLR: An In-Depth Analysis J| jH mm stringently applied. Elects Officers J. *"'***l<iijiifcr since he predicted sanctions will become more severe and HANALSA . • for credit, "I affirm that in performing this work I have not violated the Law School's policy regarding academic honesty." Young said he hoped the SBA would make sure students, accused of cheating, would receive due process Graduating UB law students was tabled. will have a big-name speaker A second plan, introduced at their commencement by the SBA commencement committee, called for three ceremony after all. After several other prospeakers to share the lectern. A posals were, discussed and student, a member of the discarded, it ws decided that faculty and an alumnus would one of three luminaries will have spoken. This proposal speak at the class of 1980 comwas put to third year students mencement. It is expected after a New York Practice class either State Comptroller Ed on Thursday, February 28, with Regan, State Attorney General the result being an overwhelmRobert Abrams or Federal ing rejection of the plan. The District Court Judge John Cur- assemblage of approximately tin will speak at the ceremony, 60 students took the opporwhich will be held this year at tunity to reaffirm their desire HANALSA elected new 6fKleinhans Music Hall on May that a "big-name" speaker ficers. They are: 25. preside over the ceremonies. President, Milton Carlier; This final plan comes fast on Upon the rejection of the Vice-President, Lois Jircitano; the heels of two failed pro".triumvirate" plan, the comSecretary, Hilda Everett; posals. The original plan, basmencement committee, comTreasurer, David Mora. ed on a poll of the senior class posed of Deans Allan Canfield Contact any of the above of- taken in September, called for and William Creiner and stuficers for further information a name speaker of a decidedly dent Tony Leavy and Lew regarding the organization. political bent. Senator Ted Steele, formulated the latest Their office is located in room Kennedy received many plan. Dean Thomas Headrick is 509, O'Brian Hall, Amherst seniors' votes. However, there expected to invite the chosen Campus, telephone 636-2782. was a strong student voice speaker this week. -* 'g. ten work •' audio-or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI (New York Bar Review) 40, Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 ! It � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-03-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/6/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b16be3e524567661a3b5683b86240df4.pdf fac76756fc25562a9d40e4a91f926c34 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 10 Opinion John Lord O'Brian Halt SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law March 27,1980 Opinion Clinic Restructure Proposed by Bob Siegel Last week the Academic Policy and Program Commit- tee (APPC) met to discuss a proposal to restructure the existing clinical education program. The proposal was submitted to APPC by Professor Nils Olsen, acting cliniodirector. The clinic program currently has two clinic supervisors each would combine both traditional and clinical instruction. These seminars would be cotaught by regular faculty members and clinic personnel. even with diversification, the clinic will not depart from its current areas of involvement since these areas will still be the easiest place to obtain Clinical experience would clients. Even if, however, the emphasis which is currently placed on public interest law is slightly lessened, Professor replace the required writing of a seminar paper. Advanced seminars ing areas" would create a situation where academics and legal practice are combined. Thus far, according to Olsen, overseeing the work of 15 clinic personnel have been students. Olsen said he hopes, overworked and haven't had by hiring an additional super- the time to combine new visor, to reduce each clinic" developments in the law into supervisor's load to 10 their clinical programs. .■ students. This, Olsen feels, will Currently the clinic deals "improve the quality of stu- with areas of education, dent participation" and criminal, and welfare law. The student-supervisor interaction. clinic hopes to expand its ofThere has also been, in the ferings to include clinical past, a lack of interaction be- study in the areas of family, intween the clinic personnel and ternational, and mental health the regular law school faculty. law, to name a few. Various Each have operated "in a members of the law school vacuum," Olsen said. He said faculty have expressed interest he feels increased contact be- in becoming involved in this tween the different sub-groups joint teaching approach. of faculty at the law school It is hoped this expansion would be of mutual benefit. In- and diversification will elicit sight into legal practice would an increase in outside funding be of benefit to the regular law for the clinical program. These school faculty. Bringing clinic funds will, in turn, enable the personnel into the mainstream clinic to offer more seniors an of law school life would opportunity to partake in benefit the clinic program and supervised clinical experience. the law school as a whole by Presently only a small percenpulling the law school com- tage of the senior class has this munity closer tbgether, he opportunity. said. Some fear was expressed by Olsen said needed integra- student members of the APPC tion would be provided by the that in the process of expancreation of "learning areas." In sion, the present emphasis on these areas an advanced public interest law may fade. It seminar would be offered that was pointed out, however, that Marshall Breger pointed out, "the purposes (of the clinic) are training, education and the* production of first class lawyers. Providing services are secondary. Services are the vehicle for training." Some students also felt that the majority of the new clinical experience to be offered could be acquired through outside, part-time employment. "Employers, however, are not interested in the student's education," Olsen said. The clinic is different from employment. "A practitioner won't train you in skills." Olsen feels his proposed clinical program is consistent with Dean Thomas Headrick's "Buffalo model." A clinical/traditional seminar will be the last course offered in a "sequence" geared to educate the student in a specialty and at the same time introduce him to "the realities of practice." The Academic Policy and Program Committee, feeling that the proposal needed more work before further discussion, postponed the matter until a later date. Analysis Tragedy's Legal Issues Unresolved by Edward M. Sinker On February 26th, two Michael A. Mcstudents Clendon and Marcy B. Ford fell to their deaths from an eight floor window in building four of Fargo Quad in the Ellicott Complex. The sensationalism is over, but the — — perplexing legal implications remain. In assessing the legal posture of this incident, the assumption is made, that the three inch thick round wooden "safety bar" usually-secured in front of the window was, at the time immediately preceding the tragedy, missing. The controversial missing safety bar is set 6Vi inches away from the window and its 59 inch length spans the entire width of the window. The major question revolves around whether the absence of the towards the bar. The "safety safety bar was the proximate bar," therefore, would have cause of the tragedy, i.e., had prevented someone 5 feet 4 inCentral Maintenance replaced ches or shorter from falling the bar, would the accident through the window, but may have been prevented. have made little appreciable The bar is set 33Vi inches difference to a tallerperson. In from the floor and would be any event, this would be a level with the hip of a person 5 question of fact for the jury to feet 4 inches tall and the mid- resolve. Two plausible defendants thigh of a person 6 feet 4 inches tall. Since the bulk of a would be SUNY Central human's weight is concen- Maintenance, whose duty it trated in that portion of the was to replace the missing bar body above the thigh area, a and the Ellicott Comlex arsafety bar which is level with chitects, who had a duty to or lower than the thigh area construct buildings free from would seem to serve little design defects. Assuming that useful purpose in preventing a the bar would have made no body from striking the window. difference on the morning of On the contrary, a bar that February 26, SUNY would meets a human body naturally argue that its failure somewhere along the thigh to immediately replace the "inarea would, serve to propel a effective" bar was not the proxbody against the glass when imate cause of the accident. —continued on page four that body is moving with force InMemoriam David Kochery by Amy Jo Fricano through the most difficult concepts with ease, bringing us independent self-confidence and a sense of achievement. When The last time the senior class saw David Kochery, he sauntered into the Moot Court the darkest door loomed Room and began his lecture in ahead, he nudged us through his early morning way. The it, spinning out his straightforclass settled in comfortably ward message in a familiar and quietly as always, ready rhythm. with coffee, casebooks and David Kochery inspired us notepads for another journey to emulate his directness and through Coach's tales of New fair mindedness. When he York Practice. taught us a rule of law, he gave During the break, Coach us a rare gift. He would pause plunked down in the jury box, to examine not only the policy his long arms draped over served by-the rule, but also chairbacks, a lanky leg danglhow the rule affected the ing on the rail. A student leanhuman beings involved. ed over the rail, listening inDavid Kochery's vast actently. complishments were never "I want you all to have a revealed by his unassuming wonderful vacation," Coach manner. He instructed the New earnestly exclaimed at the end York State Trial judges at their of class. annual seminars for sixteen years. He was a member of the A burst of spontaneous applause erupted, echoing in the National Academy of Arhuge room. Everyone felt the bitrators. He served as a staff member sincerity of his wish. We loved him for it, and for much more. for the Program to Train New The next time I went to the Arbitrators, and lectured wideMoot Court Room, Dean ly to various groups on Civil Headrick was at Coach's mike. Procedure and Labor Law. He The law school and the legal was a Permanent Arbitrator for community at large had suf- the Construction Industry and fered a tragic loss at the death seven basic trade unions. In the past several years Proof Professor David Kochery. The audience was deeply mov- fessor Kochery served on the ed, reflecting on their privilege Faculty-Student Relations to have known such a great Board, the Promotion and and compassionate man. Tenure Committee, and the Dean Headrick's comments Academic Planning and Policy about his friendship with Pro- Committee. We know that he will long fessor Kochery brought smiles from all. We pictured Coach be remembered and revered as whacking a golf ball im- a scholar and a lawyer. But pressively from the tee only to most of all, I think we loved end up taking three putts from him for his unpretentious twelve feet. We were willing to presence, and the impeccable wager he had a very polished standards by which he lived. In years to come, all of us poker face, as he quietlyrelieved his opponents of their cash. will have occasion to reflect After all, he was not one to on his uncanny ability to resolve crises, and bring peounderestimate the odds. David Kochery gave his ple together. I trust we will surstudents his deepest respect. It mount those challenges a good was impossible to ask him a sil- deal better, because he was ly question. He guided us our Coach. �Vol. 20, No. 10 March 27, 19801 * Opinion 9 Editor-in-Chief Randi Chavis Photo Editor: Business Manager: ~ Ted Tobias Bob Siegel Michael Shapiro Ricky Samuel Staff: Alan Beckoff, Doric Benesh, Marc Canz, Carol Cardner, Jeremy Nowak, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, NY. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Help Wanted Our reign as editorial board of Opinion shall soon come to a close. One more edition after this and we go to pasture. A new editorial, of which you can be a part, will take control. Elections will be held on Thursday, April 10 at 3:30 p.m. While all law students can run, and all editorial positions are open, only the Opinion staff has the privilege of voting. Our constitution does not specify the size of the editorial board. This is an annual decision made immediately prior to the election. The editorial positions presently in existence are editor-inchief, managing, news, feature and photo editors, and business manager. The photo editor is responsible for knowing the stories assigned, deciding on the needed pictures, and either shooting them or assigning someone else this responsibility. The business manager's function is to keep the bookkeeping accurate and up-to-date. Vouchers have to be signed and checks have to be written. The business manager is also in charge of soliciting advertising revenue. This money acts to supplement funds received from the SBA. The news, feature, managing editors and editor-in-chief this year worked as a cooperative. All edited articles, proofread set copy, and wrote headlines. At one time or another, everyone wrote something which was printed. Each editor has the additional responsibility of assigning articles to people. The job requires an understanding of human character. You must know who does what well, on whom you can rely, and for how much! The editor-in-chief is in charge of the whole operation. A newspaper has to come out every other Thursday and there's nowhere left to "pass the buck." We currently have an editorial board meeting once a week. At this meeting we discuss the article possibilities lined up and decide our editorial poicy. All six members of the board have an equal say in the paper's editorial policy. Whoever is best able to sum up the board's feelings on the issue in question writes the editorial. To become an editor, you have to be elected by the current Opinion staff. Prior experience is not required; dedication and committment are. At times a considerable amount of work is re- quired. A newspaper must come out. If the law school community opts not to contribute, the board has to work a little harder. This is manageable if the additional workload is divided six ways If board members, however, decide not to pull their weight they become a burden to the other people involved. The above is not meant to scare away anyone considering participation. The work is not half as time-consuming as you may think. Responsibility and dedication must, to some degree, exist. So do deadlines! Opinion is a worthwhile organization in which to be involved. Where else in law school do you get to see the fruits of your labor on a bi-monthly basis. Opinion is the lone student mouthpiece of our law school. It has unlimited potential and is capable of being anything you want it to be. You alone can point it in the right direction. Its limits are your own. 2 Opinion April 27,1980 Spencer Explains Library's Position, Goals To the Editor: Managing Editor Amy Jo Fricano News Editor: Feature Editor: Letters To The Editor Last issue included coverage of the faculty meeting at which it was decided to restrict the Desmond competition to second year students. The following is the major portion of a letter I wrote in response to a first year student's concern regarding the library's support of this decision. I offer it for publication because it explains the library's position as well as its goals: For five consecutive years I have witnessed and supported the Desmond Competition. Unlike my friend and colleague, Mr. Katz, I feel strongly that it has real merit as a learning experience. Without having done a formal study, I would place it as the most effective teacher of legal research in all three years of law school. I maintain, however, fall semester first year is not the appropriate time for such endeavors. Unable to judge its reflection on reality, I still feel the experience of standing at a podium and presenting an argument before a "judge" is very necessary and rewarding. The Desmond competition has always meant a very busy time for the library. Because we see it as a valuable chance for students to learn their way around the library, we have all supported the competitors -as much as possible. We have witnessed their confusion and the pressures they inherit. We have always hoped to be effective in relieving some of the confusion and the pressure. we have remained frustrated with the number of people we do not reach who flounder and/or learn poor research techniques. Serving as coordinator of the Research and Writing program this year gave me the chance to further the library's goal of helping law students learn the specialized materials of their profession. The effect has been that the library has fouhd the Research and But, Writing program to be a more viable and thorough means of achieving its primary goal than the serendipitous nature of our role in the Desmond competition. With the introduction of the two semester Research and Writing program, and more direct library involvement in that program, has come a conflict with the Desmond. As Mr. Berger stated, the law faculty have decided on a mode and sequence, for first year students, i.e., a writing element in the fall and research and oral argument in the spring. The libtary supports this sequence chosen by the faculty. It is rational and, despite some growing pains, effective. It provides a functional and timely structure. The writing element is an important addition to the first year program. The pressures of the Desmond, and I feel that they affect more than the 9% who actually compete, detract from the success of this new element. I also feel that the initial experience at brief writing and oral argument belongs in the Research and Writing program. I think that the Moot Court Board stands to benefit in the long run by having better qualified competitors in their second year who have had their initial experience in Research and Writing. I expect the Research and Writing program to develop a more serious oral argument segment as a result of the faculty's recent decision. My comment regarding the Desmond and an overworked reference staff requires elaboration. By virtue of our number, we are not able to give the necessary individual attention to novice first year students. Repeated mini courses on legal research from ground zero are very time consuming and subject to interrup- tions. Rather than the hit or miss situation of reference assistance during the Desmond which ieaves many students neglected or only partially assisted, our energies can have more far reaching and uniform effect if geared toward improving the Research and Writing program. Giving first year students an improved background through the proscribed sequence of the Research and Writing program leads to better\qualified second year competitors. That you view such a movement as "smug, self righteous paternalism," is your prerogative. However, I do feel it is short-sighted. I view it as an attempt to further the mission of the school. Karen Spencer President's Corner New President Predicts Many Changes .. by Melanie Pierson Hello and welcome to my just a little joke). You're probably asking yourself if a new SBA administration will make any difference in the general course nightmare (. of affairs around here. Ob- viously, it's too early to say, but if I am an effective president, changes will occur. The first problem I want to address is the chronic budget surplus of the SBA. Student activity fees should be spent during the academic year that the fees were imposed. If there are not enough uses for this money, student activity fees should be lowered. I have appointed a special committee to address these issues. Some of the proposals that will be in- vestigated will be to use the money to establish a short- term emergency loan program (Moot Court, Law Review, BLP) for students at low interest and to restructure the clinical rates, initial purchase of Nut- program look like a clear vote shells and Gilberts so SBA can of no confidence from the sell tham at cost to law faculty. students and the funding of This "crisis of confidence" summer research proposals. works both ways. Faculty Any suggestions you might members, losing enthusiasm, have are welcome. Stop by the aren't putting out the efforts SBA office or leave a note. they could be. This is a massive oversimplification of the situaA second issue to be addressed is commencement tion. There are students, faculpreparation. There is a lot of ty and administrators who are hassling over this year's com- putting many hours and energy mencement program. I think into improving the atmosphere that a part of the problem was here in O'Brian But overall, the committee didn't have the scene is not good. enough time to get their act I am going to propose that together. To remedy this, I the SBA sponsor a coffee hour have appointed a special com- from 9 to 10 am every Wednesmittee to start planning for day morning for students, next year's commencement faculty, staff and adnow. ministrators to get together But the greatest problem we and talk. This is based on the have right now is the idealistic premise that most breakdown of the relationship human difficulties can be between the student body and resolved through better comthe faculty and administration. munication. I want to start In conversation with faculty some discussion of this proand administrators, a common blem. If there is enough intheme is the failure of student terest on the part of all involvrepresentatives to live up to ed, some open forums will be their responsibilities. (This held to talk about this crisis of failure was also noted by Opi- confidence. But if the interest nion, in their last editorial.) isn't there, if apathy reigns The recent proposals of the supreme, then there was no faculty to disallow credit for point of my even writing this student run organizations article, was there? �Letters To The Editor , Atleson Memo Reprinted Upon Request To the Editor: Having read the recent article on credit for participation in student organizations, illuminated by a picture of some hirsute fellow bearing my name, I urge you to have the grace to reprint my original, brief memo in full (as well as this note). The point should be obvious neither the thrust nor tone of my memo is consistent with the phrases the author chose to include. In short, I have more faith in the intelligence of your readers. — lames B. Atleson •TO: Academic Stan- dards Committee FROM: Jim Atleson RE: Two Troubling Proposals the "[ have rro knowledge of include such activity, although cheating" portion of most law review and moot court codes. membership may have Although I certainly do not monetary effects later. Again, lack of credit is not wish to foreclose student views and sensibilities, the examina- unknown in the law school tion process is our evaluation world. Credit often adds a procedure, and it should not "game" and anxiety factor (nay, cannot) be designed for which is not valuable. I would the worst conceivable student not think, although I am open behavior. I think our students to persuasion, that any would behave well the organization would be unduly system, after all, is old hat in hampered by the lack of many schools. Finally, as credit. The BLP, for instance, future lawyers, student objec- was the brainchild of Jim tions to "fink" behavior strikes Clute, designed to lie outside me as hollow. of the academic program. Yet, Second, it may be time to later, one hour credit was reconsider Bob Cordon's study given. The Consumer program some years ago suggesting that was designed to provide useful credit be continued for certain experience for students, yet — student activities. Our credit was, for various reasons, - evidence, as you know, is that seen as critical to the program. credit often is the tail that In other programs, the amount wags the dog, at least in cer- of work required for credit has tain organizations. Moreover, varied. In all, the granting of intense pressure is placed on credit seems more intrusive the heads of these organiza- than valuable. I hesitate to foist these items tions as part of their evaluative I realize, finally, that it may upon the Committee, but I role, a role which is basically be bad form to raise such prothink it is time to act on one academic. Indeed, the posals as I depart for a saband at least consider the other. availability of credit may batical leave. But the two This will not be a fully hinder academic interests. For events are not related. As a documented memo, but I think instance, law review members long supporter of the inthe issues are fairly clear. cannot currently work on a dependence of student First, it is time to do away project for a seminar which is organizations and the recogniwith proctored examinations. also related to their review tion of student integrity, I think both proposals need conI have raised work. Bill this many times. Apart from Numerous students and sideration. the expense and logistical pro- other organizations perform blems, not to mention the terri- work which is of academic JBA/jr ble burden on our staff, it is value without receiving — or cc: Breger, Konefsky, simply silly to use proctors for even asking for — credit, e.g., Schlegel, McCarty, Hyman, Joyce, Spanogle, adults. In the past, the faculty Mathew Melmed's fine efforts Heads of Law Review, has been willing to adopt an on the Community Law School. honor code, but students were Some of this activity is comMoot Court, BLP, and Conreluctant — especially as- to pensated, and I do not mean to sumer Disputes Program Opinion apologizes to the following letter writers submitted due to space limitations. whose comments were not published when Cure For Library Vandalism Suggested To the Editor: I have a few observations on Karen article about the library's problems with first year students destroying library resources. First, the problem is obviously not limited to this first year class. Offenders come from all the classes. We were all first year An important aspect of our students and I recall similar legal education is to learn events from our class. The first respect for each other and the year, however, is when we are library. Apparently this lesson first exposed to the law library is not being appreciated. My and many have not left behind suggestion is, and has been immature habits. The most since I was a first year student, severe danger is the prospect that all first year students be that these habits will never be required to spend an allotted time in the library shelving forgotten. books. Even more effective would be to require shelfreading (making sure the books are in order). This ought to be a mandatory element of our ty. The program was a great legal education and there success, due in large part to his should be no need for compencontribution of time and ef- sation. Hopefully this program fort. We thank him very much might foster a better understanding of the problems for his participation in the prothe library has. gram. SBA Thanks Ward Oliver For Death Penalty Panel To the Editor: The Student Bar Association has, voted unanimously to ex- press its gratitude for and apof ,the excellent work Ward Oliver performed in putting together the panel discussion on the Death Penal- preciation Doric Benesh , President, SBA The Assasination of a President Who Really Killed JFK? Lecture by Edward M. Sinker ' Informal Staff Consultant to House Select Committee on Assasination 147 Diefendorf 8:00 p.m. March 27 David F. Abbott ' . GRADUATION PORTRAITS —Third Year Law Students- Friday, March 28: 9 a.m.-2 p.m. Monday, March 30: 10:30 a.m.-5 p.m. Tuesday, April 1: 8:30 a.m. -4:30 p.m. (No Appointment Necessary) JURY ROOM $2 Sitting Fee (deductible from portrait orders) and $2 for your copy of the Class Composite Hidden Value Offered In Duty-Free Liquor by Edward M. Sinker consume in a 24-hour period the amount of duty-free liquor "If you want liquor cheap, purchased. (WARNING: If you go to Canada!" That's the word should state that you will be from the Ammex Tax and Duty staying longer than 24 hours, a Free Shop located at 173 search for luggage evidencing Porter Avenue near the Peace an extended visit may ensue.) Bridge. Should customs refuse to acSusan Pignataro, an Ammex cept your "tale," an event clerk, helped clear up much of which Ammex tells us rarely the mystery in obtaining duty- happens, he will send you back free liquor. to the green trailer (DO NOT Americans must be leaving PASS CO, DO NOT COLLECT the U.S. to stay in Canada for $200) to return some or all of at least 24 continuous hours. the liquor. You should next go Canadians returning from the to the Ammex store on Porter U.S. must have been in Avenue full refund on liquor already returned to the America for at least 48 continuous hours. trailer. Each adult is entitled to one Should you decide to return 40 ounce bottle of liquor per to the U.S. at any time with the trip per month. duty-free liquor, you are legalThose are the rules. Now ex- ly required to report the quanactly how does one go about tity of liquor remaining to the obtaining 40 ounces of his or U.S. customs official and he her favorite distilled alcoholic will assess, at 9 cents per ounce, the tax and duty due beverage? Proceed to the duty-free Uncle Sam (i.e., to preclude unstore at 173 Porter Avenue and just enrichment on your part). place your liquor order with Customarily, no duty or tax is the congenial clerks. The clerk imposed on bottles less than will take your money and issue half full. The savings on liquor is you a slip bearing your license quite substantial. Large 40 plate number. Proceed to the Peace Bridge ounce bottles, not available in (pay toll $.35). On the middle the U.S., of name-brand liquors of the bridge, midway between sell for $3 to $8 below retail in the U.S. and Canada, stop at the U.S. Duty-free calculators, the green trailer marked tobaccos, pens etc. are also "Duty-Free Pick-Up" and hand available at the store as gift the clerk your slip in exchange items. Pignataro said duty-free for your ordered beverage. You liquor is legally available only will keep a gold copy of the for personal consumption slip as customs evidence of while in Canada. While in Canada, why not your intent to export for perstop at the beer store a few sonal consumption. A U.S. Customs official, paid blocks up the road and buy from Ammex monies, is re- some Canadian beer? Molson's quired by law to be present in Brador is a popular malt liquor the green trailer during due to its unusually high 6.2 business hours. His duty is to percent alcohol content. Comcertify that merchandise has parable U.S. beers, by law, canbeen exported by individual not exceed 4 percent alcohol purchasers (i.e., as compared content. A case of Brador sells to wholesalers). He usually will for less than $10 (includes a 5 cent deposit on each of trie 12 not hassle customers. Proceed to Canadian ounce bottles) and may prove customs. Legally, you are re- to be the wisest weekend in- - quired to show the gold slip to the customs official. He will determine, at his discretion, whether (a) he believes you will really be staying in Canada for at least 24 hours or (if Canadian) have been in the U.S. for at least 48 hours and (b) he thinks it humanly possible for you and/or your passengers to ... vestment. While driving in Canada (hie!), you will note "Thankyou, Canada" signs along the Niagara River an appropriate toast to remember as you settle down for the night with your Canadian brew and your 40 ounces of duty-free liquor. Cheers! April 7,1980 Opinion 3 �Legal Implications Perplexing —continuedfrom page one The architect would probably counter with the argu- ment that the effectiveness of the bar is irrelevant given the fact that it would have been missing, due to SUNY's negligence in failing to replace it, the morning of February 26. The architect will attempt to assert SUNY's failure to replace as a superseding fashion, i.e., by immediately replacing the bar. Failing to replace an ineffective safety bar would be no superseding cause. The proximate cause of the tragedy may lie in the fact that due to a design defect the safety bar might have been set too low to be effective. Applying Learned Hand's reasonability of risk formula: if probability of injury times loss is greater than burden of but such attempt should rightfully fail. prevention (P x L>B), the risk is A superseding cause is an in- reasonable and if not foreseen tervening cause which is so is evidence of negligence. substantially responsible for Substituting our variables, we the ultimate injury that it acts have P equals low, L equals to cut off the liability of great. B equals low and, hence, preceding factors regardless of evidence of the architect's whether their prior negligence negligence. The burden of was or was not a substantial prevention would entail factor in bringing about the in- elevating the bar 2 to 4 inches jury. SUNY, acting alone, did to an effective safety level. However, SUNY is not off not have the power to effectively remedy the problem by the hook, for a reasonable incause, Love newly completed complex may have disclosed this unreasonable risk. SUNY would have had a duty to have the architect remedy this obvious design defect. This is a question of fact which must be resolved. No doubt, New York's comparative negligence law will serve to apportion damages according to comparative fault. Applying the Learned Hand formula cited above provides a whole array of grounds for holding the architect liable: failure to install unbreakable glass or unremovable "studentproof" safety bars to name only two. Assuming the_, ineffective safety bar actually enhanced the risk of injury by being so low as to actually serve to propel one against the window when moving forcefully acting in a reasonably prudent spection upon obtaining the towards the bar, SUNY Central Maintenance, in failing to Record Rack replace the safety bar, inadvertently made the window safer. Now try telling that to closest side one gets to a the families of the deceased. by Mike Rosenthal ballad but it is of a faster Billy Joel Glass Houses nature than the ballads for One of the most talented which Joel is known. It is a very songsmiths of the late seven- engaging melody and is perties steps into the eighties formed exquisitely. It also without any trouble what- works as a pleasant change of by Joe Peperone soever. He has for a long time pace from the two rockers on taken over the crown once either side of it. Times have changed since I "It's Still Rock 'N' Roll To held by Elton John and Paul McCartney as the most able Me" while a lot of fun also was a lad. I remember when craftsman in terms of writing serves to express Joel's opi- Willie Mays, Hank Aaron,~-and and performing worthy pop nions of new wave, rock critics, Harmon Killebrew being the and teenage magazines. His "best" baseball players active songs. at the time received the And unlike too many artists, points are all well taken. The last cut on this side is best salaries, approximately Barry Manilow most, notably, Joel has been able to construct arguably one of Joel's best $100,000 a year. One hundred his immediately recognizable cuts ever. "All For Leyna" is thousand dollars for one music without sounding the one melodic hook twisted, season of baseball was seen as same all the time. Every one of turned and played with and a mark of success, given to a Joel's albums has a somewhat certainly not played out. The future hall-of-famer. In 1980, however, things are different style and sound piano playing is reminiscent of about it; yet each and every Joel's classic "Angry Young a little different. If you can hit one of them- has that un- Man." It carries the song in a .230 and play every other mistakable Billy Joel imprint. strong, forceful manner and is game, you too can make Glass Houses is no exception sure to become a classic in its $100,000 per year, and if you can win fifteen games a year as to this either. The sound is own right. "I Don't Want To Be Alone" a pitcher, and only lose foursomewhat rougher, rawer and more rocking. It seems to have and "Close To The Borderline" teen, you can actually rake in a strong new wave influence on side two are both very one million dollars a year. This is not a discussion but it isn't new wave and it engaging, playfully teasing rockers, while "C'etaitToi (You about alternative careers, isn't imitative. The first single and first cut Were The One)" and "Through however. In a few short weeks, the 1980 baseball season will is "You May Be Right." While it The Long Night" are very pretis far from the strongest cut on ty ballads. "Through The Long officially begin, and then again the album it does indicate the Night," the album closer, is the it might not. The Players direction that the majority of closest the album comes to a Association and the major this album will follow. He is true ballad in the league of league owners are now engaged in bitter contract negotiatalking tough and his band is Joel's ballad classics. However, the gem on side tions, which, if not resolved tight and strong. "Sometimes A Fantasy," the two is without doubt the ir- soon, may lead to a player following cut, is an amusing resistable rocker "Sleeping strike, as occurred in 1972. The fans, though, have an song about an obscene phone With The Television On." With call. The chorus, full of one in- a melody that continues play- important role to play in this credible hook, is irrepressibly ing in your mind long after the game. Both sides are counting catchy and begs to be sung song is over, it is an excellent on the fans' sympathy, to use as a bargaining point with the choice for a future single. along. not other side. The owners hope disappointed has The next three songs on side Joel they can successfully paint the one are three of the four and has continued his outstanstrongest cuts on the album. ding record of making perfect players as greedy children, holding out for hundreds of "Don't Ask Me Why" is the albums. thousands of dollars a year while inflation eats away at the First Annual average fan's paycheck. The LAW SCHOOL SPRING RUN •players hope they can portray Billy Joel Has New Hit — — that you're out there somewhere I know you exist Hoping Someone will soon hear our prayer: — - please don't be long. Hasten to me time I'll try to be strong. Until that I know I love you and that I always will. This emptiness I sense only you can fill. Has your shadow already crossed my door? Or have you a face I've never seen before? More than once I thought you were she, Until your voice I heard beckon to me: "Hold on, my love, she is not the one. And shed no tears, for life's just begun. How could you find what you're looking for By staying with her and searching no more? Is convenience enough to give up the quest For a lifetime of doubts if this love's the best? The answer lies in the very question you pose No need to compare, when true love one knows.'" .. — — So show me The Sign that special glow in your eyes, and will realize Then I will know That on a foreign shore near an uncharted sea Once sat a young lady who had waited for me. quasi N. Rem ('81) Ramblings OfA Disillusioned Man Postponed until Friday, April 11 This will give all participants more time to get into shape! Distance: Approx. 3 miles Location: Start and finish in front of O'Brian Beer Provided Opinion you In the midst of a world yet unexplored, I wait for of a clue. search in strange of faces seas Pioneering Pep Talk — 4 . . . Future Tense April 27,1980 — the owners as corporate barons, taking advantage of young kids green behind the ears, and raking in huge profits which come from record attendance and lucrative television contracts. Personally, though, I don't give a damn. It's getting depressing to pick up the sports page after a hard day at school and read about law again. Just this week I've had to read about baseball negotiations, the City of Oakland filing an eminent domain suit ultimate profit by the owners, and the ultimate salary by the players is taking away from or beauty whatever psychological satisfaction sports possesses for an "in- dividual. The fans, of the Oakland Raiders, I suppose, truly "love" their team. They have sold out the Oakland Stadium for the last fifteen years. But since Oakland owner Al Davis has been offered a "sweeter" deal from the city of Los Angeles (after their team was offered a against the Oakland Raiders to sweeter deal from the city of prevent them from becoming Aneheim, and moved there), he the Los Angeles Raiders and up and moved the team to NCAA allegations of forged L.A., leaving Oakland fans to athletic transcripts and watch San Francisco games on violations. The end result of all these legal battles is the realization by the fans that sports, which was once an escape and an enjoyable relaxation, is just a big business, with one objective recruiting — to make money. And guess from whom the money will be made? Us the little people who dish out the money to watch a game, only to realize that the player we payed to see is sitting out the game because he wants his contract renegotiated or has — demanded to be traded. Despite who "wins" the current baseball contract talks, the fans will pay in the end, through_higher ticket prices or by losing interest in the constant squabbling which surrounds "big-time spdrts." I don't mean to bitch and complain, but it seems as though the quest for the BLP OPEN HOUSE Room 724 9:00-5:00 Wednesday, April 2, 1980 Refreshments television. The San Diego Clippers of the NBA used to be the Buffalo Braves, who made the playoffs three years in a row and were among the top three teams in attendance in the league. Their owner found out that he could trade his best player, not for another quality player, but for a mediocre one and two million dollars. He took the money'and sold the team. As attendance plummeted, the owner threatened to move the team. Buffalo fans were able to keep the team in Buffalo for that year, but by the next, the team had become so bad nobody really cared. The owner "swapped" the Braves for ownership in the Boston franchise, which he said he "always wanted to own," and the new owner moved the Buffalo team to San Diego because he liked the weather. So it goes. I suppose these are the ramblings of a disillusioned man, searching for heros in the age of Ronald Reagan, but I can't help it. I just wish Willie was playing again. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-03-27 Alternative Title An alternative name for the resource. 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They will be allowed to take an examination at the end of the course in lieu of the traditional research paper re- riculum change formulated by the Academic Program and Policy Committee (APPC) were quirement. adopted by the faculty on FriAccording to Dean Thomas day, April 4. Headrick, "expectation of The faculty decided to allow writing a substantial research upper-division students the op- paper was inhibiting students tion of taking law school elec- even though there was interest courses on a pass/fail in the course." Thus, the stutive - tedtobias The new Law Review Editorial Board took office after March 28 elections. Front (I. to r.): Joseph basis. Courses taken by the stu- dent who has an interest in the dent on a pass/fail basis would seminar material without the Peperone, Larry Malfitano, Elaine Herald, Melanie Cyganowski, Deborah Case. Rear: Erik Lin dauer, Renee Lapides, Scott Wright, Janet Lascola, Mary Fahey. Missing: Elyse Lubin, Sheila Meek be considered "extra" in that time needed to write a they would not be counted as research paper has a golden Hyde, Mark Rosen. 1979 Job Placement Statistics Paint Hopeful Picture For UB by Amy Jo Fricano As the end of the school third hunt for that elusive career, the fulltime job. A few have snared year approaches," many year students are on the their prey already, but all of them have experienced the frustration of pursuing the wily beast down Rejection Road. If you don't have a job yet, don't be dismayed. The placement office has completed its employment survey of the Audrey Koscielniak class of 1979, and the statistics are sure to lighten the heart, if not truly inspire you to relish the thrill of the chase. One year after graduation, the class of 1979 is 92.4 per cent employed. This year the placement office made a special effort to track down graduates in order to make statistics more complete than in the past. Following the two traditional employment survey mailings, a phone blitz turned up additional information. Of the 225 graduates of the class of 1979, only six have not been located as compared with 53 from the class of 1978. Of the 218 1979 graduates who were reached, 193 are employed, and 16 are still seeking employment. Eight did not take or did not pass the bar and because of this are unemployed. Two have decided not to look for jobs at this time. 87 5 per cent of those who took the bar examination passed it, a higher percentage than the class of 1978. This pass rate incTeases the significance of the 92.4 per cent employed figure, since the class of 1979 had a greater number of qualified graduates who potentially could have fallen in the unemployed category. One hundred and sixty-two members of the 1979 class found jobs in New York State, with 78 of those staying in Buffalo, 41 going to New York City, 11 going to Rochester, 3 to Syracuse and 29 to the rest of the state. The 14 others who remained in the Northeast settled in Pennsylvania, Maryland, and the District of Columbia. The other 16 employed graduates scattered across the country, with four going to the Southeast, seven to the Great Lakes and Plains states, one to the Southwest and four to the > 11-25 lawyers, 8 are in firms of 26-50 lawyers, 13 are in firms of over 50 lawyers. Of those in business, nine settled in legal positions, five chose other executive positions, and one did not indicate the details of the position. Another interesting facet of the placement statistics is a breakdown of employed graduates by participation in law school organizations and graduation with honors. Contrary to common student opinion membership on Law Review, Moot Court and cum laude graduation do not seem to be controlling factors in job placement. Of the thirteen graduates going to very large firms (50 lawyers or more), only seven were members of Law Review and one was a Moot Court member. Only eight of the fourteen judicial clerkship recipients honors. had any part of the 54 credits of upperdivision courses needed for graduation. A grade of "D" would be considered passing. The law school does not currently have a formal audit policy. A student will now be able to register for a course, complete the requirements, and have the course recorded on his transcript with a minimal risk of failure. The faculty member teaching the course would be allowed, for "good cause," to deny admission to a student opting to take a course on a pass/fail basis Course overenrollment would be an example of good cause The second APPC proposal adopted by the faculty dealt wijth the problem of seminar underenrollment. Students will now be permit- such Alan Carrel and Audrey Koscielniak estimate that the class of 1980 is slightly ahead the of the employment class of 1979 at this time last year. By a year from now, they expect another 90 plus per found employment one year after period The exam option will not alter the existing graduation requirement. A student will still be required to write one substantial research paper in c onjunction with enrollment in a seminar course Experts Debate ETS by Marc Ganz The Distinguished Visitor's Forum is sponsoring two nationally known experts on standardized testing on April 11 at 2 p.m. in room 106 They will speak about how tests affect admissions and recent developments in "truth-intesting." Mr. Allan Nairn, director of Ralph Nader's Learning Research Group, author of The west coast. graduation are usually those Reign' of ETS: They Make Up Of those who are employed, who are looking in a specific Minds, and chief lobbyist for the New York "truth-in-testing" geographic location, in a nar101 have entered private practice, 49 work for government row specialty or who have law will speak about his study or public service agencies, .15 simply put off the search. Each of the Education Testing Serare with a corporation or other is called by the placement ofvice (ETS) and how students business, 14 have judicial fice whenever an appropriate are questioning standardized clerkships, 10 have chosen the listing is received. Every test validity and racial bias academic life and two are in graduate who wishes is sent a tendencies. monthly employment bulletin Joining Mr. Nairn will be Ms. the military. Three of those in private of four to five pages which Jenne Britell, executive direcpractice have opened their contains information on tor for program planning of own office, 57 are in firms with various positions throughout ETS, manufacturers of SAT's, LSAT's and most other widely 2-10 lawyers, 11 are in firms of the country. cent employment rate. Those who have not opportunity A student can now take two seminars concurrently and only worry about one research paper The examination option should increase seminar enrollment Some seminars, however, will not be able to handle any additional students. The faculty member, therefore, will be allowed to decide whether the exam option is to be used in his seminar If the professor allows the exam option, the student will have to decide whether to exercise the option during the inrtial drop-add" used admissions tests. She will talk about the evolving role of tests in admissions decisionmaking and the need for more communications between ETS and students. Nairn's study, a blistering 550 page history of the testing corporation's rise to prominence in American society, reviews the current popularity of the mutlistate bar examination, the use of an index to equalize, undergraduate schools in the law school admissions process, and validity and racial bias questions about the LSAT. ETS has issued a formal reply to the Nader/Nairn study, disputing the statistical basis for validity and racial bias charges. Britell will speak about ETS's response to the Nairn study. ÜB's Director of Admissions Richard Dremuk will moderate the discussion. �Vol. 20, No. 11 • Opinion rk • April 10,1980 To The Editor: Pincus Offers Response To Spencer Letter To the Editor: Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Feature Editor: Photo Editor: Business Manager: Ted Tobias Bob Siegel Michael Shapiro Ricky Samuel Staff: Alan Beckoff, Doric Benesh, Marc Ganz, Carol Gardner, Jeremy Nowak, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. Contributor: Fran Turner © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, NY. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial A Simple Solution Once again we're fast proceeding toward those important which alone measure our qualifications to practice law final exams. Once again many of us will experience the difficulty of having our finals either too.bunched together or too widely separated in time. Why does this happen? Why won't the administration alleviate this problem by taking the obvious step of promulgating the final exam schedule before registration, thereby allowing students to pick their own poison? We refuse to accept the excuse that "administrative difficulties" prevent planning finals so far in advance. The same amount of time and effort is required whether it's done sooner or later. So why not do it sooner, if only for the reason that we (lowly) students would so prefer it if it's all the same to them? We suspect the real reason the administration refuses to plan finals before registration is due to some parochial notion on its part that, to the extent students would choose coures on the basis of more favorable final exam dates, the quality of their educations would suffer. Such an argument is plain nonsense. The reality of the situation, despite what the faculty may wish, expect or imagine, is that most actual learning of course materials occurs in the period just before final exams. Some students take three finals in four days, due to the administration's current rule that students may not reschedule finals unless they have four sgch traumas in three days. In such a situation most students will "learn just enough to get a Q" in each course to assure they "Q them all." Thus, justice is not done to any of the courses. Is that what the administration perceives as quality in education? Instead, if students were allowed to plan against this horror, they would indeed take a different set of courses, but would have time during the final exam period to study and (.earn them all properly, perhaps motivated by a thirst for knowledge rather than a fear of failure. The fact that students would substitute courses to avoid near-conflicts should not upset the administration if it truly believes each course offered by the law school is equally meaningful and valuable. If they believe otherwise, why are they doing nothing to rid the program of dead wood and supply it instead with new, meaningful, valuable courses? Furthermore, it is axiomatic that students are perceived by or at least treated by the administration as responsible and competent enough to choose their own courses. Indeed, no guidance is explicitly offered by the administration in this regard. It is inconsistent with such perception or treatment to think students incapable of planning quality legal educations if they are given additional relevant information in advance upon events — which to base their decisions. For the last time, this being the final issue published by this year's editorial board, we cite another longstanding problem with an obvious solution. The simplicity of the solution is outdone only by the simple attitude held by some powerful yet insensitive administrators here: They don't care. But we do. And we urge the next Opinion editorial board, along with the Student Bar Association and the whole student body to continue to care, continue to object, continue to come down hard on the administration until they come up with what we, as intelligent, responsible adults deserve. 2 Opinion April 10, 1980 ; students to make an important plained as much at the faculty choice). the recent faculty I cannot believe that in a meeting at which it was decidsemester in which students ed to prohibit participation in have absolutely no choice the Desmond Moot Court com- regarding their turriculum, the petition by future first year existence of any opportunity for choice regarding an extrastudents, Karen Spencer informed the faculty that the curricular activity which "has library staff supported the ban real merit as a learning exbecause first year students perience" will somehow defeat took up "too much" of the the faculty's latest grand plan. reference staff's time and I will agree with Ms. Spencer because "they [first year stuthat fall semester first year is dent participants] were all "not the appropriate time for under such great emotional such endeavors" "for some, stress." Last issue Opinion perhaps most of us; but not all. published a somewhat artfully The faculty's decision will edited version of a letter Ms. therefore clearly not "improve Spencer wrote to me. Ms. the first year experience" for Spencer's faculty meeting that group, let us say the fairly presentation and her letter steady seven to ten percent both demonstrate a confused who have competed in recent mind and I offer the following years, who feel the need to reply for publication: pursue excellence in a more inI have shared Ms. Spencer's dependent manner. observation made at that Even granting that "[g]iving meeting that "they [first year year students an improved first Desmond participants] were all background through the prounder such great emotional scribed [sic] sequence of the stress" with as many of the first At meeting. Most tragic, however, is the liklihood that the loss of all year-to-year membership continuity will destroy the Desmond by making it impossible to' administer. In the future, since all Board members will be appointed in their second year, they will have to plan and run the Desmond competition with no assistance from anyone who has "seen how it's done"; all returning members each fall wfll only have seen the Desmond as competitors! I sincerely regret that Ms. Spencer calls my views "shortsighted;" unfortunately, it is clear that the faculty's action is muqh more appropriately described by that term. And I do not take issue with her characterization of the library as a "very good one" it certainly is, and undoubtedly she helps to make it so. Nevertheless, Ms. Spencer's statements and actions, both within and without her field of Research and Writing program, expertise have helped to year participants as I know. They all, also, think her views leads to better second year demoralize a dedicated stucompetitors," I still deny Ms. dent organization, and may of our "stress" are nonsense, Spencer's conclusion that from destroy the Desmond competiand we eagerly await presentaCourt Board tion. And calling such actions tion of her credentials in this the Moot "stands to benefit in the long "an attempt to further the misclinical psychology. run." letter, for Ms. sion of the school," does strike As it Spencer's First, most students who me as and "smug is a well-written defense of a Research and Writing Program, compete already do so in the paternalistic." Nor can I allow and her own and the library's second year. Second, the core her the luxury of somehow significant contribution to it, of first year students, who.do justifying these actions by certainly not very well might not participate referring to her other'outstanthat no one at all if forced to sit out their ding contributions to the the Moot Court Board or me is attacking (hence its near first opportunity, especially if Research and Writing course. total irrelevance to the real they receive Law Review apGlenn Pincus issue the right of adult pointments; Tim Cashmore ex- — • ' — — — President's Corner Coffee And Donuts Alone Are No Panacea to student run organizations (Moot Court, Law Review, BLP, Consumer Mediation). Two stu- dent faculty committees are claiming jurisdiction over the question. The question was first submitted to the Academic Stan- dards and Standing Committee a committee whose function has generally been to decide on the academic standing of individual students. The ASSC voted unanimously, including the one student in attendance, not to grant credit in the future. When the students involved woke up to what was coming by melanie pierson down, they requested that the Academic Policy and Program The stream of consciousness Committee (APPC), which continues The problem of deals with matters of strained Telations between academic policy, take up the students and faculty has not issue. The APPC accepted (ASSC), .. disappeared because we gathered for coffee and donuts in the first floor lounge. No big surprise to anyone. The problem is that there is no natural gathering spot to meet and greet people. The building was designed in the sixties with security in mind so all spaces .. where four or five or more students might congregate were eliminated. What we have here is a structural problem, too ? The hot issue right now is whether or not to grant credit jurisdiction, so both commit- tees are investigating the question. It is not at. all clear that the APPC will come up with a more favorable recommendation, but it will allow students another chance to have their views heard. The conflict, over jurisdiction simply obscures the real problem the breakdown of relations. The bottom line seems.to be that the faculty doesn't feel the quality of work in student run organizations is sufficient to merit gran- — ting academic credit, and pone of them want to invest the time involved in faculty supervision to bring the quality of the work up to the point where it is deserving of credit... ano win situation. By the time this article is printed, the faculty will probably have voted to abolish the proctored exams, putting us all on the honor system. Depending on whether you see the donut or the whole, this can be interpreted as a vote of confidence in the integrity of the student body or as a recognition of the failure of the proctoring system to deter .. the determined cheater. Shift gears next year's entering class at the law school will probably be smaller than the class that entered last fall, and there will be fewer minority students admitted. One of the things to be cut from the budget for next year may be the funding for some of the Legal Methods instructors. Dean Thomas Headrick plans to hire two instructors (one per class, about 15 students each) instead of the four that were hired this year. Due to the number of people repeating the Legal Methods course and some deferred admittances, one legal methods course is nearly filled. This leaves less spots for the new applicants. �Rabbi To Analyze Judicial Role; Jasen To Give American Perspective courts. Judge Jasen is a 1939 graduate of the SUNY Buffalo Law School. He'served on the New Yofk State Supreme Court from 1957. In 1967 he was elected to the New York State Court of Appeals where he presently serves as senior associate judge. From 1946-1948 he held the position of United States Judge for the Third Judicial District in Heidelberg, Germany. Professor Jacob Hyman of the Law School will discuss the Rabbi's remarks on arbitration Rabbi Heschel Greenberg and mediation- in the Jewish law system and will compare American arbitration practice ,with the methods used in Rab- - mikeshapiro binical Professor the Hyman is a former dean of law school. Ms. Jennifer Breger, lecturer in legal studies at the SUNY Buffalo Law School will serve as * moderator. Ms. Breger teaches a seminar at SUNY Buffalo Law School on 'Authority in Jewish Law.' The seminar focuses on the structure and development of Jewish Law as it has been elaborated since Biblical times through Rabbinic interpretation and decisions. It analyzes the processes of decisionmaking in the Jewish legal system, comparing it with the Anglo-American legal system as well as with other religious legal systems such as Islamic law and cahon law. Jewish law is explored in the context of theories of the sociology and anthropology of law and of attempts by philosophers to create a general' theory of a legal system. SUNY Buffalo Law School is one of the few law schools in this country with offerings in Jewish law Judge Matthew Jasen The State University of New York Law School at Buffalo will sponsor an interdisciplinary seminar on 'Rabbis and Judges' on Tuesday, April 15 at 7.00 p.m. in Room 108 O'Brian Hall. Talmudic and contemporary Jewish law at the University of Melbourne. He is presently associate director of the Chabad House of Buffalo and has lectured for eight years in Talmud and Jewish law in the — mike shapiro Norton And O'Brian To Be Joined By Bridge by R.W. Peters Rochester. It is to be a virtual the bridge connnecGood news for the class of ting Clemens and Baldy Halls 1980: the long awaited enclos- Technically speaking, it will be ed passageway between Noran exposed steel structure, ton Cafeteria and O'Brian Hall with a cast-in-place floor and will be completed in late fall ceiling. The whole affair will of this year. be supported by four columns John Neal, vice president of and will connect structurally facilities and planning, admits with O'Brian Hall. Expansion the bridge is going up a bit fittings may be usedr to conlate, but said he is happy nect the passageway with Norcopy of ground has finally been broken on this project. "It was not clear why the construction was held up" in this undertaking, according to Neal. The structure is being built by Le Cesse Brothers of ton. The bridge is part of an overall plan to connect all of the North Campus academic buildings with enclosed passageways.The cost of the bridge is undisclosed. Phi Alpha Delta Law Fraternity Holds Spring Initiation Ceremony department of Religious The program will include a Studies at SUNY Buffalo He talk by Rabbi Heschel has written extensively on Justice Ron Winter presided Greenberg on the judicial role Jewish legal subjects. at the initiation ceremony as of the Rabbi with comments by The Honorable Matthew ten students were installed as Professor Jacob Hyman and Jasen, senior associate judge new members of Phi Alpha Hon. Mathew Jasen. Ms. Jen- of the New York State Court of Delta Law Fraternity, InternaAppeals, will comment on the tional. The Carlos C. Alden nifer Breger will moderate. Rabbi Greenberg's speech Rabbi's presentation-from the Chapter increased its memberwill analyze the process of perspective of an American ship to twenty-nine during prodecision-making, and opinionjudge and suggest similarities ceedings held in the Moot writing in Jewish law. It will ex- and differences with the Court Room on Friday, March plore subjective and objective judicial process in American 28, 1980 at 7 p.m. factors in the Rabbinic judicial process, and will explain the role of precedent in Jewish law. Rabbi Greenberg will describe the historical struction and Naturalization by Amy Jo Fricano Lawyers; Arthur Gellman, ture of Jewish courts and the Oilman and Gellman, Niagara operation of modern Rabbinic The Placement Office will Falls; Dr. Carel Vanoss, Consul courts and discuss the use of arbitration and mediation in be sponsoring three Career for The Netherlands; and Days in April open to all Judge Fieldstein, Federal Imthe Jewish law system. Rabbi Greenberg is a Jewish students. Each session will be migration Court, New York Cilaw scholar who received his held in Room 107 at 4 p.m. on ty. On April 14, Health Law rabbinical education in April 10,14, and 15 respectiveAmerica and France. He is a ly. The programs will begin careers will be discussed. The Rabbinical judge in Jewish with informational sessions panelists will be E. Pitt Smith, District Director, Food and civil and criminal law and has followed by a coffee hour. Careers in International Law Drug Administration; office served on the Board of Regents of the Rabbinical Council of will be the topic April 10. The representative, special proAustralia. Rabbi Creenberg panel will consist of Allan secutor for medicaid fraud; Russ Bentham, vice president was professorial lecturer in Kaye, Association of Immigra- Winter was assisted in the by acting Vice Justice Joe Sverchek (filling in for Barbara Goldberg, who graduated in December), Clerk Barry Jones, Treasurer Claire Fay, and Marshal Jeremy Ball, Gary A. Carleton, Marie T. Carrubba, Deborah L Engelhaupt and Jean E. Maess Second-year inductees included Michael Patrick Clohessy, R. Anthony Ronci, Mary M Nowak. Zablotski, 11. ceremony Walterich and Joseph M. The fraternity also bestowed membership in the Buffalo neth Raymond Artin, Stuart Alumni Chapter on attorney Thomas R. Elmer, a partner in the North Tonawanda law firm of Brick, Brick & Elmer. Following the ceremony, a and general counsel. West reception was given for the Wood Pharmaceuticals Cor- members and their guests at poration; Lewis Russo, -direc- the home of Dean and Mrs. tor, Erie County Medical Headrick. The affair was atCenter. tended by several area atJudicial Clerkships are on torneys, all alumni of Phi the agenda for April 15. Panel Alpha Delta. members will be Professor W. The Alden Chapter of Phi Howard Mann; Robert Fleming, Alpha Delta is hoping to concurrent clerk to Judge Curtin; duct another initiation this sprTina Dolgopol, former clerk to ing for those students' who Judge Elfin, current associate missed the March 28 Damen Morey; Beth Buckley, ceremony. Any interested clerk designate to Judge Curtin students are urged to contact for 1980-81. Winter (Box 563) or any other PAD member. The ten new members in- cluded first-year students Ken- Placement Sponsors Career Days April 16, 1980 Opinion 3 �McCarty's Computer Will Predict Tax Liability While you might easily im- comes up with a residue exagine the practical applicapression which lists the part of does the UB law tions of a can the logical expression and computer What that Q: faculty have in common with predict the taxability of a cor- variable bindings list that produced the true, false or corporate reorganizations and porate reorganization, McCarty's academic passion is much unknown evaluation. a computer in New Jersey? TAXMAN I is capable, of more theoretical. While his A: Professor Thorne McCargoal is to "gain insights about representing and processing ty and his intriguing experiment, "The TAXMAN Project." prevalent patterns of legal the precise rules of the InterThe "TAXMAN?" you ask. argumentation," his larger in- nal Revenue Code. An example We've all had one brush or terest is in "cognition" general- might go something like this: another with this Federal Phan- ly. But for the meantime, he is CORPORATION is a template with an instance named EXXtom, if only in our meanderings working the bugs out of his arON. STOCK is a template with through Tax I and our own tificial cognitor. 1040's. McCarty has chosen to start an instance named STOCK-I. But McCarty's TAXMAN with the corporate tax area for isn't a standard issue IRS field its virtue of more neatly strucagent or even Mr. Commistured concepts and somewhat transactions, sioner himself. This TAXMAN standard is, in fact, a computer in New although he envisions a day Jersey. when the same sort of experi"A machine that can do vir- ment might be done for other tually the same job as lower areas of law as well. Corporate level bureaucrats?" you tax, however, has supplied a wonder. "A machine that can more convenient area in which decide if a given transaction is to "model a sharply focused taxable? Why am I torturing and relatively self-contained myself with all the murk, fuzz body of law within the formal by Amy Jo Fricano and grey decisions?" arenas in tax Well, not so fast. Yes, MeCarty is working on such a machine, but it too has had its share of problems with the murk and fuzz of judicial interpretations. McCarty is quick to point out his purpose is not to extract humans from the legal process, but rather to test patterns of legal reasoning. McCarty, who is on sabbatical leave this year, spends his days perched in front of a computer terminal in his study at home. As he puts it, what he does there is to conduct an "experiment in artificial inand legal telligence constitutional law. As is often the case in corporate reorganization, although a "formal" reshuffling of stock occurred, we are told, in substance no change in the interests of any of the parties was altered and therefore should not be taxed presently. In Eisner the rules for determining gain turn out to be conceptually incoherent. So how do you get a computer to account for these vague, amorphous concepts? prototype-plus-deformation model is on the cutting edge o£ current artifical intelligence capabilities. McCarty is one of only two American pioneers in the area. The prototype-plus- deformation system amounts which will restructure a conceptual to a computer program space on its own. McCarty is now working out "maps" between taxable and nontaxable prototypes. Europeans have expressed more interest in McCarty's structure of a computer program," he said. How does the TAXMAN system work? McCarty began from the premise that forms of conceptualization have certain identifiable structures. The system employs the AIMDS language which allows the user to construct a set of "templates" to describe classes of objects such as corporations or stock. Templates are subject to a set of "relations" which indicate the allowable connections between objects. Thus, the system allows the operator to generate "instances" of the templates in a reasoning." particular context, while conThe project began as TAX- straining the process by a set MAN I with the construction of of "consistency conditions." "computer models of facts The AIMDS language has an from corporate tax cases" and important component called "concepts from the Internal the CHECKER subsystem Revenue Code" such that the" CHECKER takes a logical excomputer can "analyze" the pression and a variable binding tax consequences of a given list as input, and tests the truth corporate transaction, McCar- of the logical expression in a ty said. given context. CHECKER then The current state-of-the-art OWN is a template with an instance named OWN-I, divided computer model was apparentinto two slots called owned ly inadequate for these highly and owner. OWN would be fill- complex conceptual structures, McCarty said. The ed with the information ACTOR named SMITH who has template had proven to be too PROPERTY named SHARE-I. static and lacked the ability to STOCK-I is further defined by represent purposes. So McCarty set out on TAXconcepts Iike>STOCK, SECURIMAN 11, and fashioned a seTY, or INTEREST. If EXXON distributed its own cond kind of conceptual strucstock to its own common ture which he calls the shareholders, as in Eisner v. "prototype-plus-deformation." Macomber, the formal rules of Stated as simply as possible, the Internal Revenue Code he came up with a more flexiwould tax the transaction. But ble template system to account for this "open texture" we know that the judicial decision found the distribution to problem. Suffice it to say that the be tax exempt as a matter of work than Americans have, since several northern European countries already employ computer systems to determine which citizens are eligible for certain social welfare benefits. According to McCarty, the systems have rather large data banks of individual characteristics (single, married, age, number in family), to which benefit rules are applied automatically. Countries which use these systems have encountered their share of problems with the cruder models they use. McCarty may eventually pave the way for their refinement. Student Bar Association Committee Appointments Finance Admissions and Records Ed Flint* Jessica Hawkens-Creenidge* Sherman Kerner Lew Steele Steve Seener Doug Johnston Ricky Samuel Nancy Mike Wiseman Ted Donovan Fd Fhnt Melanie Pierson Bridfees Charlie Elefantp Marshita Washington Brian Lewandowski Milton T Pat Doo|ey Jessica Hawkens-Creemdge ™ ,""* Pern Htterman - , Distinguished Visitors Forum KathyMcDermot.* Mike Wiseman KCEdgell lim ■ Doug |eff Taylor Leslie Wolffe* Promotion and Tenure Melanie Pierson* MarkSuzumoto ?£s£££ Bill Hayes External Affairs Pat Doolev* leV K erner Bill Hayes U ShermTn . M Cardner n ■ Fkntr f Nancy Bridges _ Steve Butler* i™, Dale Morgulis Scott Whitted Surplus Mike Doran Opinion Jay Baum ~, c*'T* CO WrlBh, Faculty/Student Committees Admissions Committee April 10, 1980 £3s%* Pat Armstrong- Mary JoLittimore (alternative) i Academic Standings and Standing Committee Doug Johnston* Mitchell Lecture Committee Art Ha4h XC EdgeN )udd Ryan Academic Policy and Program Committee Lew Steele* Special Program Committee Jessica Hawkens-Creemdge Frank Colosi Debbie Humphrey Carmen Crullan Milton Carlier Alex McQuiston (alt.) Appointments Committee Sherman Kerner* Laurie Ogden Dale Clark (alt.) Carol Cardner* Self-Evaluation Committee Rocky D Aloisio , , . Student Representatives to Committee Facu| y Members ff, Tav|or Budget and Program Review Terry Barnes Lew Steele Melan.e Pierson Sub-Board, Inc. p'h » T'° Rlch Binkl o \ *- |d,a (alt.) Alan Rosenfl Awards and Commencement TcTvSLeaX* Lew Steele eele M Jay Marlm Eric Lawson Pat Doolev* Carol Lou Maino , Att Hall Ed Northwood , . . , ' Commencement Johnston John Feroleto Chervl Oseekev lav Marlin * Billy Bozzuth Les||e Wo|ffe Levy Steele LouMaino* Steve Seener ■ Ward Oliver 4 r Tern R hll Nancy Caple RahjM earner Edgar Ha ford Otis Addington Athletic and Social Sherman Kerner* Cla e F fv Jeff Taylor r Melanie Pierson* Oliver Young Scott Oak|ey Jon Wa jfc.r (a |t )ay MaHjn Marshita Washington Placement Appointments , l Da e Morgu |j s committee " "™ Mike Par c Library Committee Lew Steele* Rita Michalski Jay Baum Sarkis Hartoonian (alt.) „ !T rZ, ffe eshe Wo I^°" John Ziegler Jl - .., Inquiry Group Student Life Dave White Everett Ho Pkins Mark Pedersen *chair-person �To The Editor: Attica Occurrences Viewed From The Inside To the Editor: The following letter was received by the Prison Task Force, a group of law students involved in prison concerns in general, and issues at Attica in particular. The letter was received in mid-March and relates to the disturbances this past january:~ We the. undersigned residents of Attica wish to call to the public's attention actual occurences from the incidents that took place 1/27/80 here at Attica. We feel that numerous accounts of misleading information have been given to the public. Therefore, we would appreciate it if you would permit us the opportunity to tell our side of the issue. These incidents, speculatively, are a culmination of discord between residents and officers which resulted from the officers' illegal strike of April 1979. There have been various incidents of harassment, physical and verbal abuse, and destruction of personal property by officers since the strike. they attempted to voice their concern. They were also taken from the mess hall. These men were taken to the special housing unit, which is an area for stricter punishment. The superintendent reported, by institution radio, that some of these residents had been injured. When they had left the mess hall they were hot injured, so they must have been beaten in the special housing unit. That practice is common in this unit. As no resident physically harmed any officer, no resident deserved being injured. Following this incident everyone was locked-in their cells for 24 hours a day until 1/30/80. The incident of 1/30/80 involved about four residents of the total population of 400-500, again in the mess hall A resident was chasing another resident around the eating area. The one being chased attempted to exit the mess hall gate but officers closed it; he continued to run around the mess hall. A sargeant and officers were running behind these residents and cornered them off. The sergeant's hand was cut reaching at a razor blade in one resident's hand. Other residents were moving out of the way. This was when about four cannisters of tear gas were fired, causing panic, injury and confusion. About five minutes afterwards we were directed to the yard, out in the bitter cold. We had no winter coats on; some had only tee-shirts on. We were left in the cold for an hour or more. We were finally let inside, ten at a time. Officers were lined up throughout the halls. We were jabbed with clubs, shoved and called vile names. Officers repeatedly said that they would get us. Everyone in the institution was locked-in The The administration has prevented the reporting of these incidents by refusing to allow residents to report officers' misconduct to the Mason committee. The superintendent has ordered that all complaints involving officers' misconduct be submitted to him. Complaints of misconduct have been consistently ignored. Our efforts to peacefully redress these matters and other legal issues have been perpetually obstructed. The incident of 1/27/80 involved two residents having an altercation in the mess hall. While they were being taken from the mess hall an officer jabbed his club into one resident's back. Other residents noticed this mistreatment and next day over the institution's radio the superintendent termed the incident a "mini-riot." Some residents were let out two days later to serve food and give out hot water. This indicates no real riot or crisis. The of classification "mini-riot" was to justify a conspiracy for revenge against the residents. New rules were suddenly implemented to frustrate us: curteins were to be taken down, no glass jars were allowed, residents were to stand at the bars'for morning and evening count, and no talking was allowed while we were in formation. These rules were not posted in a directive, nor printed in a rule book as required by law. On 2/2/80 various blocks of inmates were not fed, windows were opened, water was shut off, as was the heat and electricity. The superintendent announced that officers would be around to take everyone's glass jars. Food stuffs in the jar had to be put into something or forfeited. Some jars were put in the galleries. From 2/2/80 until about 3/2/80 residents were taken from their cells and locked in the special housing unit. Many were physically and verbally assaulted; their heads, backs, legs, noses and feet were in- jured. Adequate medical treat- ment was not received for weeks. Prepared medication was given without a medical exemination. We were locked in a cell stark naked forfour or five days. We had to sleep on dirty mattresses and pillows, without sheets or pillow cases, end cover our bodies with filthy blankets. Some residents had slept on the bare steel bed because they were not given a blanket, mattress or pillow. We were deprived of soap, toilet paper, towels, wash cloths and tooth brushes and paste. We were not allowed to correspond with anyone until 2/7/80. We heerd men being beeten, and we saw merj being beaten. We were not told until almost two weeks later why we were le(t in these cells, completely befuddled end in fear for our lives. Some of us were sentenced to the special housing unit for long periods of time and some residents with the seme or similar charges of refusing to stand for the count, creating c disturbence, ettempted assault, threats and inciting others to riot were sentenced to their regular cells. We in the special unit had not been told why we could not also lock in our regular cells. We were denied rights and privileges granted to those placed in their regular cells. We were disallowed outside recreation, use of all personal property, earphones, purchasing food from the commisary, access to law library clerks, grievance and liason representatives and clergy from our religious beliefs. We were locked in for 24 hours a day. There is an attitude by the officials of total lack of concern for us. We challenge the administration to make a full disclosure. We request a Congressional hearing or in the alternative, to meet before an impartial representative body. We can prove that the administration has contrived to violate the public's constitutional right to know the truth. We ask that all information concerning this matter be accessible to the public. Lawrence Brown #78-Dl9, Nathan Lewis #79-A1322, Pedro Arroyo #73-A5650, Martin NeaIγ #78-A4OlO, Melvin Perez #78-8934, lack Sweet #78-D1657, Hector Cortu #76-A1993, V;ctor Santiago #78-C498, I.C. McC.rary #74-A3931, Frederick Curl #77-C687, Ali Muhammad #72-A1206 On March 27, second-year student Edward M. Sinker gave a lecture on the Main Street campus. Sinker, who was a staff consultant to the House Select Committee on Assasination, gave a lecture entitled "The Assasination of a President: Who Ready Killed JFK." Ricky Samuel, Jr., a third-year student who attended, said, "Sinker's lecture was informative and interesting. His delivery and rapport with the audience was extraordinary. It's too bad this lecture was not held in the law school." BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS Knowing how to write answers the way Bar Examiners want to see them written can make the crucial difference. Hundreds of students from New York law schools have been convinced that what they learned at THE KASS PROBLEM ANALYSIS CLINICS was essential to their success in the Bar Exam. , VISTA, Volunteers in Service to America CALL JOE ADDIS COLLECT AT (716) 263-5896, OR WRITE PEACE CORPS/ VISTA, 317 FEDERAL BUILDING, ROCHESTER, NY 14614, ATTEND THE FIRST CLINIC-ABSOLUTELY FREE-on June 14, 1980 Clinics will run on six Saturdays, starting June 14, at SUNY/Buffalo. FEE: 895. Second year students can attend our June 1980 and June 1981 series upon the payment of only one fee. A TOTAL OF 16 DIFFERENT, VERY DIFFICULT ESSAYS WELL BE COVERED IN EACH SERIES. Playback tape for the first clinic will be played on April 12, 19 and 26 for all in- «•• terested students. Look for notice of time and room. For further information, contact Buffalo agent at 883-4059 or KASS PROBLEM ANALYSIS CLINICS, 27 William St., N.Y.C. (WH3-2690) — April 10, 1980 Opinion 5 �. Something For Everyone .. , ,: -.. , • ■■ ■; : ■ iip: ■■: ■'■■■-■■ '■■ I'ph [ 1 Jlltt'l 1 dV, I\V\ lie '•' I produced m m\onr c ould i-\| 't'< I t mm perfoimam c I ■..■ ■ me less r end iti on s t)t ■■, t .. ■■,■".■■, ihi ■■-'■ i|i ilden oldie ■'I -\< Petticoat Junction, it's. liu'i'ii ■ i and 1 he Bcu'iK Ilillbillies. there was something foi e\.ei\one. sane oi derancied, s« ibei oi iir Link. Ill,' e\en i n I began with Oscar-deserv mi] pi-rfi b\ "in beloved propert\ lessors ! humas Headrick and William Greinei. Fheii act provided all in attendance with a tiue understanding ol the trauma behind the Buffalo Model. As the eveninc) progressed oui souls were saved In d passionate pneachei s plea for us to nevei abandon the Good Book. Rumor has il thai this, unknown preachei is spearheading a ampaiqn !o reform those blasphemers Kenneth Jo\ce and Louis DelCotto. [he sex s\ mbol of the '80s (look oul Bi Derek) Howard Mann was tht overwhelminc] hoice ol tin boisterous crowd loi I lii ■.;■■■:!.] : ii i ■ , , , Law Revue 6 Opinion April 10, 1980 . h, ~--. not I '■•■ tfssi ii Mann iii i M iwd with his i ,i[hiuiinnllul ; ,s. •: l-< ': ': ■■•■;"■ i|J!l ..•..•.•-.■.',.■■ \e,]l S stlOW W.Ss d It'SLjl! ot tile dtid dedi< Jl m>n bs the v i itcis. : [his hoi k Vale Iju C'Dtc nMi*>k i i ptlssii HUite i ■ ji lormois rind otht'is without whom this '' II • , event ptobabK vvoukin I li,m- luip; ■■■■■! h the spirit ( I a (jreat Ii ddil ion. ■ >vi nw ■'■ ot ceremonies Ken lurek. Ken Pot ii< i i .nut R k\ Samuel dqain did ti iniilu job. lii'in next \eai will I" ditfi< nil Replai I ;,•!( otto and ompans I eminded us tluit there is more to lite than the Qoi id Iv n >k .. the band was funtasl i> Nam ■. l aple Iri 11 Rahill and Leslie VVolffc s time and el torts behind tile si enes Here e\ idem i.'d b\ . ' mil t c . . the show s success. Until nexl \edi Dean Headr'u k thanked all who worked tor. participated in and came to I aw Revue.in a lettei submitted to Opiriinn. I h inks lor ,] fine evening and the sense i it community it brought and left loi all ol us to enjo\. he w i ote. �Pep Talk Pep Talk Puts Neck On Line And Foot In Mouth by Joe Peperone Yes, Virginia, Marvin Miller is a genius. Miller, the attorney for the baseball Players Association, has threatened to hit the team owners right where and when it hurts. By threatening a player's strike not at the beginning of the season, with its traditional low * attendance and cold weather, but on Memorial Day weekend, traditionally a big money-making time for the owners, Miller is hoping the few predictions for the possible 1980 baseball season. Will the team I love to hate, the Yankees, come back from their disasterous 1979 campaign to win the American League East again? Unfortunately, the answer appears to be yes. Owner George Steinbrenner has once again reached into his seemingly bottomless pocket to neatly patch up what few holes the team had. j Two of the most important acquisitions are Rupert Jones in centerfield and catcher Rick Cerone. Both acquisitions will help the Yanks win many of those one run games they lost last year during their swift fall to fourth place. Two possible, question cond baseman Lou Whitaker. Inexperience will be Detroit's enemy. Manager Sparkey Anderson will have his work cut out for him to keep things in working-order; if he can, the will be a team to watch. Baltimore, last year's surprise team, still has the strong "pitching able to carry a team by itself. They also still have Earl Weaver, perhaps the best manager in baseball. But the Birds have major weaknesses at shortstop and second base, Tigers marks, however, for the Yankees are at the mound and at shortstop. It is doubtful Ron Davis (14-2) and Tommy John (21-9) can match their 1979 records, and Luis Tiant (13i8, making a repeat as € astern owner's fear of losing those big 3.90 ERA) may not last the year Division Champions even too profits will "motivate" them to as a starter. As good as much for one of Weaver's resolve the dispute this" month. "Goose" Golssage is, the patented miracles. He's probably right. Though it seems that Yankees can't rely on him for Working on every game, as much as they everyone deep down roots for , the season will end sometime would like to. ■ perennial baseball s At shortstop, the Yanks need bridesmaids — the Boston Red in October and not sometime in May, I shall put my neck on much more than the meager 33 Soxs — it appears as though the line (and my foot in my RBl's they received from they will have about as much mouth) .and use my inborn Bucky Dent last year. Dent has chance to win the division as I mental perception to make a had a good spring in Florida, have of salvaging Tax 11, both Record Rack Briefly: Five New Albums Reviewed by Mike Rosenthal Briefly ... - Get Happy Elvis Costello arid the Attractions While it is appreciated that Costell has given us a collection of twenty new songs on one album, and for $7.98 suggested list price no less, it would have been -more appreciated if he had pared down the number of songs and more fully developed the rest. The average length of these songs is just slightly more than minutes, barely long enough to get into the >song. This is especially hazardous in two the case of Costello who has always layered his songs, used obviously thought out lyrics which were not easily discernable and were not printed, and has not been conventional in either his approach or the product that he releases. A few of the songs seem especially worthy of more attention than the listener can give in such a short period of time. Most notably these include "Opportunity," "King Horse," and "Motei Matches/ After an album as perfect as Armed Forces, this is a very sadly disappointing album. - will more than make up for the loss of Nolan Ryan. Texas should take second place, in no small part due to the fact they have a new, presumably more rational owner than the colorful but in- ept Brad Corbett. The Rangers have solid pitching and catching and no major weaknesses. If the players are allowed to play instead of hav- ing to participate in a soap opera as they have in years past, this may be the year that Texas finally reaches for the top. Kansas City appears to be going the Boston route, falling from their accustomed place as legitimate contenders. Pitching, or rather the lack of it, will be the major culprit as the Royals fall to third place. In the National League East, I'm going to go out on my biggest limb and pick the Montreal Expos to avenge last year's near miss and capture the division. The acquisition of Ron LeFlore to an already explosive lineup should provide the team with the runs it needs. If the starting pitchers have good seasons, the first snow postponement in the history of the World Series is a distinct quired Nolan Ryan (16-13), all threats to win 20 games. The Astros back them up with a solid outfield (all starters batted .287 or better last year) and a strong infield. If the starters live up to their reputations, Houston may walk away with the division. Cincinnati should finish second. Replacing Joe Morgan will be a problem, but the rest of the- infield is outstanding. Los Angeles, which finally entered the free agent market to firm up their pitching, should also challenge. Their only problem is age,'but if the veterans play as they're capable of, it will be an interesting race. Ed the length of their cuts so are lacking the specialness they will probably receive that marked Heart's first rock more, of the radio exposure hits "Crazy On You" and needed to make a group suc- "Magic Man." They are all cessful. Not really for anyone competent. However, they do other than Rush fans, though. not possess that magic that them from the rest of FIRST Ray, Goodman and Brown — separates the on the market. The product LAW SCHOOL SPRING RUN Ray, Goodman and Brown are almost completely Side one of this album con- ballads lacking. The few that do ap3:00 p.m. April 11 tains some of the best soulful pear are the highlights of the Start and Finish in front of O'Brian Hall cursinging available in ballad Heart should realize Distance 2.3 mMes rent music. The three part har- album. that with the exception of a and joggers Runners of all levels of ability of which used mony this group, songs, -ballads are what are encouraged to enter. to be called the Moments, is few not they do best. They unmatched by any other group be overlooked as should they have The average times of the first five students to finish around today. on this album. Save your been will be compared with the average time of the first nowhere more This shows money on this album, unless five faculty-members to finish to determine who are than the acapella portions on you are a died-in-the-wool the better runners so give it your best effort! three of the sides four songs. Heart fan. Furthermore, the informality of the effect brought about by Cinderella having some talking in the background during the acapella parts adds a unique Oh, Cinderella! Cinderella! Have we danced our last? and interesting effect to the Will ii all be over when midnight comes too fast? sound of the album. However, a row using the three songs in Your entrance at the ballroom will never be forgot. same technique makes the And where I first embraced you Cupid marked the spot. Had style wear a little thin. The room was filled with people, but none that we could see, \ these songs been integrated For else me. nothing except you mattered ft and >r disco with the purely mediocre I kissed your lips and time stood still this\much I remember. songs on side two, the album Your warm embrace did chase away the cold winds of November. of better soul would be one the And up above the angels sang in throngs of merriment albums on the market. NeverTo see their prince and princess bound in such strong sentiment. for a nice theless, it still makes addition to the collection. But suddenly the clock struck twelve and you were out the door, Chuck Fun And Games And a lowly frog did mark the spot where the prince had stood before. Mangione (For a prince is but a toad until he finds that princess This is the first nonWho'll free him from his bondage with her sweet caress.) soundtrack, studie album for Your prince in shining armor waits and prays for your return. Mangione since Feels So Good. Your lips to quench the fire that in his heart does burn. The music here is pleasant but Will there be yet other ballrooms and further sweet embraces? offers nothing new. If you liked Or must we watch the seasons pass from very separate places? Oh, Cinderella! Cinderella! Did we dance our last? Feels So Good, you'll like this too. .'■"•;> Will we have a future rather than a past? — ... — — — Rush The success of this album is particularly puzzling because it is not anything very different from what Rush has done many.times in the past. They have a unique sound and do what they do well, but they are Heart not a particularly interesting Bebe Le Strange The rockers on this album group. Yet, they have shortenPermanent Waves possibility. Pittsburgh, though still strong, won't be able to repeat their storybook finish of last year. It's too much to expect Willie Stargell to have another stellar season, as well as their pitching corps, suspect before the World Series, to win the' games necessary,to take the division again. Ninety-eight wins won't be enough this year. The Philadelphia Phillies, even without the rash of injuries that destroyed them last season, will find it hard to struggle to obtain the division crown they seemed destined for just one year ago. The National League West has enough quality pitchers to stock -the whole majors. The team with the hurlers who pro-. duce this season will be the one which will win the division. Houston appears to be the best bet. Their staff will consist of Joe Niekro (21-11), J.R. Richard (18-13) and newly ac- said facts that must grieve Professor Joyce to no end. The Bosoxs appear to have Lynn and* Rice and little else, and will probably fail to fare as well as they have in years past. In the American League West, look for California to year, but I'm going to optimistic and pick them for a repeat. The acquisition of Al surprise second place finish. Cowens from the Royals, the The Tigers have good young continued improvement of catpitchers even without the Bird, cher Brian Downing, and an injury-free year for Rod Carew and a solid infield led by se- and if he keeps up the pace, and the pitching remains strong, it's hard not to see New York at the top. of the division come October. Detroit can finish anywhere between second and sixth this - • quasi N. Rem ('81) April 10, 1980 Opinion 7 �Basketball Roundup The two stones below, dealing with the Fifth Annual Law School Invitational Basketball Tourna-i ment, are alternative examples of news reporting. One article was written by a participant in the J tournament. The otherarticle was written by a practitioner of "gonto" journalism. The stories offerl different perspectives of the same event. ' Last Minute Team: Close, But No Cigar Buffalo team kept it close until midway through the second A group of Buffalo law half. Temple's squad, composstudents began their spring ed of some excellent shooters recess Springfield, and good balance between a in Massachusetts representing strong inside game and a very the law school in the Fifth An- competent running game, pronual Western New England ved to be too much for BufLaw School Invitational falo. Final score: 89-74. Seniors Basketball Tournament. The Jerry Citerja, Ricky Samuel and by Fran Turner squad, hastily put together Fran Turner all played well for through the efforts of Sherman Buffalo. The following day, after a Kerner, received what was proquick "at berth tour of the Basketball large" the last bably in the tournament thanks to Hall Of Fame, in Springfield, some quick arrangements and Buffalo took on Pace University Law School in the losers' support by the SBA. UB played Temple Universi- bracket. Aparently not picking ty Law School Friday night up any useful tips from Dr. after travelling all day from Naismith, Buffalo lost again. Buffalo. Mainly through the of- Bright spots for Buffalo in the fensive efforts of AYthur Car- second game were Vince finkel and Winston Ellis the Phjllip's ball control, Rocky D'Alasio's hustle, Sherman Kerner's scoring, Stuart Ball's shooting and Dave Nelson's strong rebounding, all of which kept Buffalo in the game iill the end. The tournament, won by NYU Law School, was well organized (with a few wet exceptions) and the participants were a friendly crowd. Western New England proved to be good hosts (beer blasts, banquet, etc.) and once the Buffalo squad got the laws of the state down (not an easy task!), it turned out to be- an en joyable weekend. We all hopf next year the students here again will send a team to this tournament, and perhaps even bring back a trophy or two. Buffalo Team Busy On And Off The Court 11 hour drive to Springfield, Nelson was suddenly gripped the vaMant ten found with patriotic fervor, and UB law school was able to themselves immediately began bellowing out the Nafield a team and compete in thrown up against a crack tional Anthem. His stentorian the Fifth Annual Law School Temple squad, composed ex- delivery drew attention to the Basketball Invitational Toi/rna- clusively of "Big Irish Guys." UB squad, and dark mutterings ment. The event, held over spr- Coach Kerner opted to lose the were heard from the direction ing break at the well groomed opener, so as to spare his boys of the Harvard table. A brawl by R.W. Peters , campus of Western New England School of Law in Springfield, Massachusetts, drew twenty-five teams from the Mid-Atlantic and New England regions. Participating, amongst others, were Harvard, Pace, St. Johns, Temple, Cornell, Pittsburgh, and NYU. Representing UB at the competition were Rocky "The Enforcet" D'Aluisio, Jerry Citera, Arthur "Hollywood" Carfinkel, Sherman Kerner, Winston Ellis, Stuart "Big Guy" Ball, Dave "Stretch" Nelson, Ricky Samuel, Fran Turner, and Vince Phillips. The Buffalo contingent did not fare well on the court. Exhausted, both mentally and physically, by the hazardous for the rigors of the followirig day's consolation match. However, this strategy backfired when the Buffalo lads found themselves facing a tough bunch of Pace boys, allegedly composed mainly of "Big Armenian Dudes." Having lost "Big Mo" somewhere between the opener and the Seven Gables Motel (where the team was being lodged), the UB squad dropped the second game as well. The somewhat distraught Coach Kerner resigned his position at that point. A banquet was held that evening, but did not make much of an impression on any of the UB crew. However, during opening ceremonies, Dave BPILP Plans Activities Last year several UB law students formed the Buffalo Public Interest Law Program (BPILP). The program supports law students who want to do public interest legal work. In its initial year, the program raised $3,000, which included $1,500 from individual student and faculty contributions and a matching grant of $1,500 from the Student Bar Association. The $3,000 was used to enable UB law students jane Crosby and Vivian Lazerson to work for the Buffalo Legal Ser- vices for the Elderly Project last summer Since last summer BPILP has incorporated and has elected a new board of directors. Cur- rent board members )ane Crosby, Bob Berger, Erik Lindauer, Howie Berger and Art Hall are investigating public interest agencies that would like to have student internsr this summer. In addition, the board is also planning to set up interviews for UB students interested in public interest positions and is beginning a food drive. ROLLER SKATING PARTY! FRIDAY, APRIL 11 7— 11 p.m. at U.S.A. Roller Rink (United Skates of America) 1551 Niagara Falls Blvd. $2.75 includes skates. Bring your I.D. card. ALL LAW STUDENTS INVITED! Bring a friend! Opinion 8 April 10, 1980 ensued, with the only casualty being "Hollywood" Garfinkel, who still weakened by his 11 hour drive of the day before, suffered a massive brain trauma when he was struck by a hurled administsrative law Nutshell. "Big Guy" Ball attended to Garfinkel's injuries and under cover of darkness the UB team withdrew to the Seven Gables Motel Garfinkel is expected to recover, and hopes to lead a revamped Buffalo squad to victory at next year's invitational. Those interested in trying out for the team are sug- gested to contact Garfinkel at the Yogurt Machine, Norton Cafeteria. OPINION ELECTIONS 3:15p.m Room 623 Today ' LAu GH UNTIL YOU CRY! ) The Onion J Lampoon Supplement to Opinion I Submit: Humor I J I « Editorials Photos . Cartoons Caricatures Satire Articles Letters Due On Newstands April 24 Angry Constituents: New Political Force untroubled waters and a carcinogen free environment. Throughout the state, September 23, 1979 Anti-nuclear power and waste legislators are noticing senior citizens, college people and the rally in New York City. mainstream of New York State September 29, 1979 Anti-nuclear wastes rally at West voters taking on the toxic waste problem. " Valley, N.Y. Legislators say this is the issue October 2, 1979 One 1980s. Many hundred people attend chemical of the dumping hearing in Nassau environmentalists have taken up County, N.Y. this new challenge. The Sierra October 5, 1979 Club is one of the leaders of the Anti-chemical dumping care-a-van campaign against nuclear waste. to Love Canal, Niagara Falls, N.Y. NYPIRG is researching and November, 1979 lobbying for clean drinking water Anti-nuclear waste and chemical and many other groups are being dumping caravan to Albany, N.Y. organized to lobby for a safe for legislative session pressure. environment. These events culminate This is a tough struggle. On one organizing efforts which seek the side you have the residents of that actualization of a new political given district inflicted with force: the waste lobby. These chemical dumping. Yet who is people transcend the usual lobbying on the other side? anti-nuclear personnel or Hooker or. some other chemical smokey-the-bear environmentalist. company, that will inevitably These are residents who live in complain that the actions of the areas directly affected by the government are driving them out dangers of nuclear and chemical of business. Many legislators listen to the chemical companies wastes or other pollutants. This is a different type of because there is the possibility of lobby than has emerged in New new jobs; Governor Carey has York State before. The usual consistently said .New York needs lobby group consists of one economic revitalization. Yet what Albany based lobbyist who is the cost of this industrial expansion? Is it that residential negotiates for legislation. This n6w force consists of drinking water will be spoiled for angry constituents who will vote centuries? Will illegal chemical recalcitrant legislators out of dumps be set up in your backyard?, These questions are office. < As Hooker Chemical presently on the back burners of Corporation's omissions continue politicians' minds. But wait a to emerge, in Erie and Niagara year, or even less, until all of the counties, in Saratoga, on Long groups form a coalition. Island and in the Hudson Valley, This will be the issue of the residents are starting to fight 1980s. As more and more wastes back. They are fighting for are uncovered, the residents of that given area will rise to the occasion and fight back. There are presently reports of 260 chemical waste dumps in Erie and Niagara counties alone. Long Island faces a drinking water crisis. Cancer rates are skyrocketing in the distinguished service in the Hudson Valley, and many judiciary and in the areas of scientists say that a cause is private practice and public ser- pollutants in the water. People of vice. Honored this year will be Saratoga and Albany are M. Delores Denman, Everett concerned about mirex and PCB's M. Barlow and Louis J. Russo, in their environment, "tach of Jr. Tickets for the dinner are these districts have similar $15.00 and can be obtained by problems and someone is going to contacting Andrew C. Hilton, have to step in to solve the Jr. (823-4285), William C. problem. Hooker doesn't seem to Hamilton, Jr. (852-5670) or want to face the responsibility; from any of the. Association's the government may have to tax other board members. All are the chemical company and clean invited. up the mess they left behind. Bγ Marc Ganz - - - - Honors To Be Awarded -At Annual Mid-WinterDinner The 18th Annual Mid-Winter Dinner of the SUNYAB Law School Alumni Association will be held at 7:00 p.m. on Friday, April 18 at the Marine Midland Center in BuffaloT The dinner will be preceded by a cocktail hour- beginning at 6:00 p.m., sponsored by Marine Midland Bank, N.A. The dinner will also mark the occasion for the conferral of the Alumni Association's annual awards for 1 to Justin White or Mailbox 298 before April 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/15508a981dbcb004ded928ae292c632f.pdf bd561ecb33b2e52f428d33791d4bcf75 PDF Text Text Non-Profit Organization US. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 12 Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law April 24,1980 Method Program Success Questioned by Edward M. Sinker Last semester's legal method program has become a source of concern for UB law school faculty, students and administrators. Many of the program's participants have received low grades, indicating the remedial scheme is not a complete success. The legal method program is a faculty endeavor to provide special assistancae for candidates who are qualified for the professional program, but who may benefit from special attention during their first year. The program is made available to applicants who have suffered the effects of physical handicaps, racial guy van baalen discrimination, or other imRabbi Heschel Greenberg (center) was the principal speaker at a seminar held on Tuesday, April 15 entitled pediments to academic perfor'Rabbis and Judges.' Greenberg described the multifaceted role a rabbi plays in the decision-making promance prior to entering law cesses of Jewish law. Judge Matthew Jasen (left) and Professor Jacob Hymen (right) commented on adschool. judication and arbitration, respectively, in the Anglo-American system. The lecture, moderated by Jennifer Students in the program Breger, was well attended by students, faculty, attorneys, jurists and clergymen. take contracts, civil procedure and torts, but forego the firstsemester criminal law course. Students are required to attend corporate and securities areas. Award by the Conzaga Student an additional hour of supby Laurie Ogden plemental classroom instrucHer academic qualifications Bar Association in 1979. This fall the law school will also include a Masters in Crandall worked for three tion with each of their three be welcoming two new faculty Education from the University years at Milwaukee Legal Ser- professors and meet regularly members, Elisabeth Mensch of Hartford and a Masters in vices in the law reform unit with teaching assistants. Three factors have been and Barbara Blumenthal, and History from the Universityof which dealt with consumer as possible causes of the cited one new visiting professor, Connecticut. for credit litigation and the program's problems. Thomas Crandall. She has taught deprived and Pennsylvania Legal Services In 1979, 12 students parElisabeth Mensch graduated ethnic minority students at the Center as the Director of its from UB law school, Magna Hartford public high school. Legal Assistance Division. He ticipated in the legal methods program; this year more than Cum Laude in February 1979. After law school, Blumenthal on page eight 30 students were enrolled, accont'd. While here she also taught a worked as an associate in a supplementary section in con- large firm in New York City tracts as a student instructor where she specialized in confor the minority program. In tested corporate takeovers. addition, she received an She is experienced in antitrust L.L.M. from Harvard in 1979, counseling and she has specializing in the areas of assisted in the preparation of legal history and the history of antitrust articles for a monthly legal ideas. column in the New York Law transcript information also apby Mike Rosenthal Morton J. Horowitz, one of Journal. pears on the LSDAS report and Marc Ganz her Harvard professors, Blumenthal will be teaching distributed by ETS, so decidescribed her academic record antitrust in the fall and Law schools throughout the sions affecting the current as "just about the best of any possibly corporations or country have not received pool of applicants cannot be graduate student in the ten regulated industries next spr- LSAT scores for their- apmade according to the usual years I have been teaching at ing. plicants and are facing a major timetable. Harvard Law School." Thomas Crandall, who will delay in their admissions Associate Dean William For the past year Mensch be visiting for the fall semester schedule. Creiner claims "the bulk of the has been teaching contracts at only, is scheduled to teach Recently, Educational applications will be processed the University of Miami where sales and secured transactions. Testing Service (ETS), the cor- by May 1 instead of April 1." she has received verygood Crandall is currently a full proporation responsible for the The delay will also result in the reports on her teaching ability. fessor at Gonzaga University processing of the estimated postponement of the deposit Her teaching experience in- School of Law in Spokane, 72,000 law school applications deadline by one month. Pat Dooley, student member cludes three years as a high Washington. He has taught this year, installed a new comschool English teacher. courses on Articles 11, 111, IV, puter. This installation pro- of the admissions committee, Mensch will be teaching and IX of the UCC as well as ceeded slower than was ex- believes "in reality the law contracts here in the fall and it contracts, consumer credit, pected and resulted in a delay school is affected more severely by this situation than are the is anticipated she will offer a consumer protection and in the processing of applicaseminar in legal history for the legislation and administrative tions. This delay is affecting applicants." Dooley said the law school spring semester. only LSAT scores and not any process. Barbara Blumenthal Student evaluations of his of the other examinations ad- had developed plans with which they hoped to convince graduated from the University courses have been among the ministered by ETS. \ LSAT scores are crucial in the applicants who were gainof Denver College of Law in highest and he received the 1977 where she excelled in the Most Distinguished Teacher law school admissions, and ing automatic acceptance that — New Faculty Join UB Law School cording to Associate Dean William Greiner. In addition, this year the legal research and writing program was expanded into a two semester course. Previously, it was taught only during the second semester. Finally, in an effort to expand the special admissions program here, some students were admitted who may not have been prepared for the demands of a professional program, according to Associate Dean Barry Boyer. Commenting on the size of last semester's program Greiner said there may have been a "mistake in admissions" in admitting more students than the program could feasibly accomodate. Boyer also emphasized the need for low faculty/student ratios in special assistance programs designed for individual attention. Dana Cowan, president of Black American Law Student Association, said, "The program should be designed to deal with the greater number of students admitted last semester." lonathan Rodwin, a teaching assistant in the legal methods program last semester, said, "We have a duty, as the only state supported law school in New York State, cont'd. on page eight Problems In Processing LSATs Impede Law School Acceptances UB was not just one of the other schools they were applying to but was, instead, something very special. However, because of the delay, Dooley finds himself and his fellow committee members forced to give a thorough consideration of the applicant pool in a very compressed period of time. Only 150 of the 1,800 applications received are still missing the LSDAS forms. This figure of total applicants is up from last year's total of 1,400. The intention of the admissions committee however is to reduce the size of the incoming class from the 1979 level of 300 to the 1978 first year class size of 250. This will make the selection process more comcont'd. on page eight �Vol. 20 No. 12 r* • • Opinion April 24,1980 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Marc Canz Ralph W. Peters Michael Rosenthal Guy Van Baalen Business Manager: Amy Jo Fricano Staff: Alan Beckoff, Doric Benesh, Randi Chavis, Carol Gardner, Jeremy Nowak, Joe Peperone, Ricky Samuel, Mike Shapiro, Karen Spencer, Ted Tobias. Contributors: Mike Buskus, Rocky D'Aluisio, Pat Dooley, Mary Fahey, Elaine Herald, Laurie Ogden, Mark Pederson, Michael Wiseman. © Copyright 1980, Opinion, SBA. Anyrepublication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYABAmherst Campus, Buffalo, NY. 14260. The views expressed in this paper are not necessarily those of the EdMorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Insensitivity Not Excusable Evidenced by an unprecedented number of low grades, this year's legal method program has had its problems. Administrators cite three factors accounting for such poor grades: (1) too many applicants were accepted into the program, (2) admissions may have dipped too low into the applicant pool in search of students, and (3) research and writing, running simultaneously with the special program, has overburdened students with much writing. No one knows for certain how each, if any, of these factors affected student performance. However, one thing is certain: the administration could have handled the situation more effectively. A UB report tracing ten years of the law school's affirmative action program concludes that individualized attention to disadvantaged students is essential to the success of such a program. The faculty should have provided more teaching assistants in order to provide a more effective and truly individualized legal methods program. The administration is unjustified in dismissing its responsibilities by passing the buck and blaming poor performance on the lack of qualifications of the applicant. Primary fault, absent more conclusive evidence, must lie with the special program itself. The problem of legal methods running simultaneously with research and writing, needless to say, was clearly avoidable. Unfortunately, the administration lacked sufficient foresight to anticipate the overburdening of these disadvantaged students. Greater sensitivity to the special problems and needs of these students may be in order. Administrators should recognize that, as the only state law school in New York, UB has a special duty to set an example for other educational institutions. All evidence indicates that ÜB's special legal methods program, thanks to past faculty cooperation, has worked weH in earlier years. If legal methods is to have a future at ÜB, the special program must be effective. Faculty and students must be acutely sensitive to the needs and burdens of its disadvantaged students. We owe them nothing less. • An Open Letter To A Law School Results of Opinion's senior survey were to appear in this place. Those surveys were, however, stolen from under our noses. Someone apparently had decided to assert his or her "better judgment" over the discretion of participating seniors and this editorial selfboard. ' Such righteousness is appalling. expression. We offer a great deal to each one of you, and ask little in return; only that you take advantage of us. The new Opinion staff is dedicated to encouraging full participation of the entire law school community. Our doors are wide open to your thoughts, interests, and goals. We ask only that you share them with us. We look forward to the 1980-81 academic year with great hopes and expectations. We hope you will find the new Opinion one of the best ever. We want so very much to be a good, effective and involved newspaper, but we need your help. Don't let a resource go to waste. To be apathetic and uninvolved is to have no Opinion. On behalf of the editorial board and staff of Opinion, we wish you all a pleasant summer. 2 Opinion April 24,1980 whom we reasonably thought would not be offended. Perhaps some of us, likeour "survey thief," take ourselves too seriously. Perhaps a sense of humor is healthy to even the most serious professional. One thing is certain: there is nothing funny about a law student who is to begin his legal career as a thief! To The Editor: Enforceability Of Prohibition Doubted To the Editor: the individual first year com- It's always sad to see the passing of an era, especially one we've all been intimately involved with since the midsixties. Berkeley was the birth of the student movement. Berkeley was more than a campus. It was a symbol. It represented a time when students first realized that they had the power and moral right to control their academic lives. We left administration to administrative matters and faculty to faculty matters but if either interfered" with student concerns then the memory of Berkeley inspired' us to assert our right to govern our own affairs. Over the past few weeks we at the law school have forgotten Berkeley. The faculty, in Its august and paternalistic way, decided that first year students best not compete in the Desmond Moot Court competition. There may be some merit to the faculty position but we students, whose extracurricular activity is being curtailed, felt that this type of decision should best be left up to petitor. Yet we.swallowed the faculty decision, lock, stock and barrel without even giving it a second thought. What can our faculty do to a recalcitrant first year competitor who dares to defy their dictates? Perhaps they will expel him for overachievement. Perhaps, they'll deny suc- cessful first year competitors Moot Court credit. However, does a competitor compete for the credit or for the thrill of argument? How effective a penalty will credit denial to first year competitors be if, as the faculty presently plans.credit will be denied to all students who work on Moot Court, BLP, or Law Review. Finally, even if credit is the sole inducement to compete and should credit still be available to Moot Court members next year, certainly some method can be worked out whereby a successful first year competitor can be guaranteed placement on the faculty can do to enforce their decision. The saddest, part of this whole episode is that we students bound ourselves to their recommendation without even thinking whether we had to. In one fell swoop we submitted ourselves to the paternalism of our faculty and forgot the lessons we've learned from the student movement during the past decade or so. We've buried the memory of Berkeley and singlehandedly threw student self-government back into the fifties. Certain decisions are legitimately within the realm of our faculty to render but certain others should only be made by the students whose affairs stand to be affected. Of course, if we wish to submit our whole manner of conduct to faculty approval then I'm sure the faculty will be more than glad to regulate every aspect of student life. If the Moot Court affair is a fair example of our acquiescence to faculty whim then Berkeley just might as well never have , Board during his second and happened. third year of school. In short, there is nothing the Doug Wasser President's Corner Law School's Future To Be Determined Your Opinion Has Value You see before you a resource yet to be tapped by many;-a resource that can be whatever /ou want it to be. Why not take advantage of it? It belongs to you. It's Opinion and it's your law school newspaper. For those who think no one ever listens, we offer a chance to be heard. For those who feel no one really cares, we encourage Opinion received many diverse.comments as to the appropriateness of such a survey and each remark was seriously taken into consideration. What many had considered simply "good, clean fun," others branded "libelous" and "malicious." Recognizing the spectrum of human sensitivity, Opinion decided to publish the names of only those persons Thief by melanie pierson This last issue of Opinion is my last chance to address you I want to all from on high first congratulate all the third year students on getting through school. A lot of good energy is leaving O'Brian this May. Things will be quieter around here without the likes of Lew Steele, Tony Leavy, Sherman Kerner, Ted Donovan and Carol Gardner. Good luck and may all your Christmases be white! (in remembrance of ... Buffalo.) The law school is reaching a real turning point now. There are proposals before the faculty (the details to be worked out over the summer when little student input is available) to: (1) not grant credit for student run organizations, (2) not offer New York Practice next year, (3) revise the clinic program to be more academic (classroom) oriented, moving away from its public interest focus, and (4) revise the first year curriculum to allow no electives the first year but to instead keep the sections together for a full year and have three different programs (A traditional, like this year; B second semester would include Criminal and Civil Procedure; C includes a course by Schlegel in judging and a labor related course by Atleson). These proposals all mean a more structured environment, with less choice —— — left to the student. We may be witnessing the fall of the "Buffalo Model." The "Buffalo Model" is the name given to the system of administration where students, faculty and administrators participated in policy-making together, where the school was committed to work in the public interest attracting women and minorities. Faculty commitment was high and the student body was active both within and without the law school. For all- practical purposes, the "Buffalo Model" may no longer exist... the end of an era? Aside from the decline (and fall?) of the Buffalo Model, the other news is that the new SBA budget for next fall will be finalized by press time. We allocated approximately $35,000, which is more than we receive in student fees, the difference coming out of the budget surplus. The surplus is estimated to be around $20,000 (although this figure is in dispute) and it increased again this year because all the money allocated was not spent. We also established a short term Emergency Loan Program out of part of the surplus to help when student loans don't come in on time. Well, that's everything I can think of that you should know. Until next fa 11... have a good summer. �Credit Questioned; Faculty Vote Due by Mike Rosenthal The proposal favoring withdrawal of academic credit from student run organizations will be considered by the faculty on May 2. Many students and faculty are expected to present recommendations at that date. Before leaving on sabbatical this winter, Professor James Atleson submitted a memorandum to the Academic Standards and Standing Committee (ASSC) which in part stated his dissatisfaction withthe current policy of allowing students in Law Review, Moot Court Board, Buffalo Legislation Project, and Buffalo Consumer Mediation Project to receive academic credit for their participation. are resolved and maintenance of the status quo with a re- quirement that each student run organization accept fur- ther faculty supervision. The ASSC will not be the only faculty-student committee submitting its recommendations to the faculty. Due to complaints from several members of the Academic Policy and Program Committee (APPC) that the subject matter was within its, and not ASSC's, jurisdiction, the ASSC has tacitly allowed concurrent review of the no credit situation by the APPC. The APPC has not made any proposals or recommendations. However, student member Lew Steele claimed the committee intends to review the three option proposal and.use it as its starting point of review. Steele said he believes the APPC will be able, to issue one definite proposal unlike the non-committal ASSC proposal. Despite the presence of student members on both the APPC and the ASSC, Doug Johnston, a student member of the ASSC, said there was a need for further student participation on this matter and fought to get an ad-hoc student committee assembled. The purpose of this committee is seen in a very different The ASSC, with only one student member present, voted to recommend to the faculty that in the future no academic credit should be awarded to these organizations. The avowed reasoning for this included a lack of clear standards for the award of credits, the lack of true faculty supervision over the organizations, and a feeling that academic credit should not be needed to encourage students to participate in these organizations. .-The outcry resulting from this meeting resulted in submissions to the ASSC by the Moot Court Board, Law Review light by Johnston and Steele. and Professor John Schlegel. Johnston said this committee These proposals have since would profit from having fresh been reviewed by the current minds who had not been sitting ASSC. Student members have on either the ASSC or the been changed due to the re- APPC. Steele, however, said cent Student Bar Association the purpose of the committee elections. ASSC has completed is to meld together the proa proposal which in effect has posals of the two facultymade no clear-cut recommen- student committees. Steele is a dation. Instead, three indepen- member of the ad hoc commitdent recommendations have tee. Other members of this been proposed to the faculty. committee are Matthew The three recommendations Modica, Bill Hughes, Dale are: a complete removal of Margulis and Frank Colosi. credit for student run organiza- This committee will be submittions, a temporary removal of ting a proposal before the credit until current problems faculty. , . . Finucane First In Spring Run by Rocky D'Aluisio . If you were delighted to learn that 92.4 per cent of the class of 1979 who passed the bar and wanted law jobs got them, you'll be even more pleasantly surprised to discover the class of 1980 is already slightly ahead of the class of 79 -in the number employed at this time last year. The placement office recently ran a job survey on the senior class. 102 of the 256 seniors replied, and informa- Alan S. Carrel ; .. tion was supplemented by inperson reports. So far, 56 members of the class of 1980 have full-time employment for next fall. 54 are unemployed but are looking for jobs. Quite a few in this category have received offers, but either have declined or not yet made a commitment. Seven members of the class reported that they are not looking for employment at this time. ' 139 seniors are unaccounted for in the survey, mostly due to non-response. Placement estimates a significant number in this group have obtained employment, but chose not to report them. The placement office conducts a second job survey among seniors at. the end of spring semester classes. The second survey is used after graduation as a basis for future statistics and as a mailing list for the Employment Newslet- ter and the Alumni Directory. the course to direct the run- ners. Cooperation by campus First year student, Leo police enabled the runners to Finucane, led a strong field of cover the course without being law school personnel to win hampered by campus traffic. the first annual UB law school Finucane, a 1984 Olympic spring run. The run was held hopeful, is competing in this Friday, April 11 and covered year's Perm. Relays with the two and a third miles around Rochester Track Club. He the Amherst Campus, starting covered the course in 11 and finishing in front of minutes and 57 seconds. He O'Brian Hall. was followed by a strongeffftrt The event was enjoyable for by Professor Gerald Seipp at the runners and spectators due 12:33. Other top finishers were partly to the sunny spring Ward Oliver (13:4?), Dave weather, but primarily to the Seeger (13:55), Paul Campano keg of beer provided by the (14:05), Glen Pincus (14:07) and SBA. The race was made possiMike Doran (14:53). Pincus was ble with the help of volunteer almost late for the start law students stationed about because he was involved in a pre-race debate as to whether first year students should be allowed to compete. A total of approximately 40 runners entered the event, and all deserve congratulations for their efforts. Even runners who ran just for fun completed the run in respectable times of just over 20 minutes. The event had been billed as a race between the faculty and students. Due partly to the scheduling of a faculty meeting, however, faculty participation was limited. Due to lack of faculty participation, no academic credit was given for the event. Law Review Introduces Write-On Next fall, the class of 1982 them in developing their arto particles throughout the program. ticipate in a hew write-on proStudents who are interested gram for acceptance to the in joining the program are adBuffalo Law Review. The pro- vised to look for a topic for gram will create opportunities their article during the sumto work on an article for mer. Topic proposals must be publication in Law Review and received by the write-on become a member without editors before Sept. 15, 1980. regard to grades. Juniors participating will then Any member of the class can outline their articles and subparticipate in the program. mit two drafts. Membership on There will be two editors Law Review will be offered to available to give all par- those participants who, by ticipants full editorial their second draft, have proassistance. They will help canduced an article which has didates get started, and assist potential for publication. The membership positions from the write-on program are The program runs Students who do not respond limited. from September through to the second survey become permanent "unknowns" and will receive no mailings. Audrey Kosceilniak said the preliminary survey is "a very good sign" in a shrinking, inby Elaine Herald creasingly competitive market. Many surveys in previous years Selections to Buffalo Law usually indicated the number Review is based on first year of unemployed seniors to be grades and a writing competislightly larger than the number tion. First year students employed, rather ' than the wishing to participate in the reverse which occurred this competition may pick up a case citation in Room 605 any year. The placement office would time after their last examinalike to advise the class of 1981 tion. The last opportunity to that fall recruitment begins pick up the writing competiSeptember 16, and firms are tion is May 17 at 5 p.m. Comnow arranging for on-campus petition participants have a 10 interviewing. Kosceilniak urges day period to complete a everyone to return to school modified casenote. Notice of next fall with completed the results of the selection proresumes. cess will be mailed to students Next fall, second year in early August. students who plan to interview Reponsibilities of a Law with large firms for summer Review associate include 1981 positions should also be writing an article for publicaaware the process begins very tion and assisting in all aspects early in the semester. of the publication process. will be encouraged New Placement Figures Are Optimistic by Amy Jo Fricano — r.w. peters Running away from Law School? Actually, it was the Law School's first spring run on April 11 and was a smashing success with all the anxiety-ridden students and professors of cheering O'Brian Hall. November 1980. It will take a considerable amount of time and effort on the part of the participant to complete their articles. Therefore, Law Review encourages juniors to enter the competition this spring. This spring's competitors may still • join the write-on progTam in the fall. Law Review is offering this new program because it wants to encourage more student ar- _ ticles and participation from the student body. One way to accomplish this goal is to offer a program where juniors can write articles with full editorial assistance and obtain membership regardless of their prior academic status. Competition To Begin * There will be an orientation program to acquaint new associates with Law Review beginning in mid-August. All new members will be required to be back for this program. Because the writing of an article is an associate's most important responsibility. Law Review encourages everyone interested in becoming an associate to consider possible article topics during the summer. All participants are reminded that the competition is an evaluation of individual effort and all research should be kept confidential. To assure all participants a fair opportunity for membership, Law Review strongly requests courtesy in the use of library facilities. April Vi W <>&*? 3 �Student Life Panel Discusses Reality by Mark Pederspn While most people were outside enjoying the warm weather on Friday, April 18, a small number decided to attend the Student Life Committee's panel discussion entitled "From Education to Practice," moderated by Dean Headrick. Panel members included Professor Robert Berger, Professor Barry Boyer, Associate Dean Alan Carrel and Irving Fudeman, a local litigation attorney. Carrel began by discussing the relatively recent changes that have taken place in the legal employment field. As a 1967 graduate of this law school, he stated that 75 of the 80 members in his graduating class went "Tnto private practice in Buffalo. Now there are many more options available to graduating students, including government work, labor organizations, accounting firms and careers in management, he said. Thomas Headrick Fudeman, also a UB graduate, focused on how "trial" work has become "litigation" and how law schools are preparing students to deal with change. He said that cases have become more complex and much more pre: trial work is involved. He said he felt this stemmed from Berger ejpohasized the ffnportance of realizing your first job is not necessarily your last and that it is possible to change jobs in the legal field. Boyer discussed the importance of research and writing skills. He also stressed the importance of developing background knowledge in fields related to one's area of interest. He related this observation to his own work in economic regulation. Both Berger and Boyer agreed that telephone skills and asking questions of colleagues were extremely important in solving, legal problems. guy van baalen Questions from the students included requests for informaNewly elected officers of the Moot Court Board are (I. to r.) Ruth Pollack, secretary/treasurer; Pat Ja?ne, tion on setting up a private Director'and Paul Ricotta, Ass't. Director. practice and a discussion on The Board will direct the Desmond competition as well as directing the nine UB law school teams in national the need for a progressive competition. clinical program at a law school. With regard to specialization in taking law school courses, the panel suggested taking a middle of the road approach. Boyer suggested developing a minor area of specialization along with a major concentration of had to look for a place to live. they know will be available in by Pat Dooley courses. With regard to obtainMost of you found housing and the fall. Otherwise, the proing further degrees, Headrick roommates in the first few gram will have a lot of people how frightening gebe a Remember warned there must days here. It could have been a looking for roommates, and no nuine interest in and purpose your first few days of law law housing hints. for obtaining additional educaschool were? After four, five tough experience, starting for a searching While we realize most school and tion.Alan Carrel said it can be (or even six), years of easy graduating seniors don't have "overdone," but additional undergrad life, after years house all at the same time. In order to make the law subletting problems and the degrees are often helpful in the before that of home-cooked transition easier, the program won't benefit them school come to suddenly you meals, job market. Fudeman stressed initiating a housing directly, the law school as a SBA is the importance of continuing Buffalo. Wily Buffalo. plan for freshmen. whole serves to gain by easing assistance Your and in parents Queens legal education. involves collecprogram The the first year transition. The The Student Life Committee, Williamsville had told you ting information from incommedical school has done this Snow, blizzards, Allan it. headed by Canfield is in about to ing housing as their and has developed a students its second year. Committee potholes, people with loose inforregenerative leasing system and desires. This plans had to you now, And members are hopeful that morals. is collected on a whereby the nicer housing is future programs will attract live here three years. Some of mation sent to the in- continually kept in medical more interest and believe that you just put a sleeping bag in master list and terested They con- student hands. freshmen. the committee's work will be the 4th floor carrels and ate tact as to each other available If you have housing you rest you a lot. But the of much more evident next year. out housing and/or roommates. plan to vacate, drop off the inTo make the program more formation regarding the house effective, the SBA would like or apartment to "SBA HOUSthird year students to give the ING" in either Box 78 or the time, each student will be rethey will observe our rules SBA information on housing SBA office. Thanks quired to acknowledge, in regarding academic honesty so writing, that he or she has read long as they are made aware of the policy statement and the rules. agrees to abide by it. (Execu2. The faculty believes that tion of this acknowledgement candidates for the legal profesThe Carlos C. Alden Chapter chats" with professors and adshall be a pre-condition to tak- sion should be expected to the semester have and develop their own of Phi Alpha Delta Law Fratering ministrators, expanded use of examinations.) ethical commitments to in- nity, International (PAD) today the guest speaker program, a The resolutions were recomtellectual honesty and profesannounced its officers for the law student directory, and mended by the Academic Stan- sional responsibility. In our 1980-81 school year: Ron PAD-sponsored intramural dards and Standing Commitview, that expectation will be Winter Justice; Tanya teams. tee. furthered by leaving it to each Harvey Vice-Justice; Mary PAD would like to remind The resolutions are effective student to take individual M. Walterich Clerk; Stuart everyone that the book sale immediately. Spring, 1980 ex- responsibility for his or her Ball Treasurer; and Jean will be held, as always, during aminations will be conducted own conduct on examinations. Maess Marshal. These new the first week of classes next accordingly. Each student will 3. The faculty expects that officers will be formally inyour receive a copy of the faculty under these conditions, ducted into their respective semester. Please bring in books orientation so during statement policy regarding students will take an individual positions at the next initiation academic honesty. A form con- and collective responsibility to ceremony tentatively schedul- that we may have a supply of taining the affirmation reed for Tuesday, April 29,1980. books ready to sell the first see to it that the rules regarday, thereby increasing your quired by paragraph 3 of. the ding academic honesty will be The fraternity is hoping to chance of selling your books. April 4thresolution will also be observed by their peers. We expand its programming next provided. Each student will be have not asked students to year beyond its present capaci- Third-year students are especially encouraged to bring make express commitments ty. Currently, PAD runs a stu- books required to execute the affirin or to leave them with mation form, and file it with that they will report violations dent booksale and bloodan to do so for underclassman the Registrar before the start to the faculty or its officers. mobile each semester and you. third-year Books for oAhe examination period. We believe that to be unsponsors guest speakers from courses proven, have in the This change in examination necessary, since we expect PAD Alumni throughout the past, to be scarce items. policy and procedure is based that students will aid in the en- year. In the planning stages are on several grounds: forcement of the rules as a a student internship program PAD would like to wish 1. The faculty has faith in matter of moral obligation with area attorneys, a series of everyone a wonderful summer, the maturity and honesty of arising out of the trust we orientation lectures for new and we hope you will look for students, weekly "fireside us in the fall. our students, and believes that place in them. — SBA Initiates Housing Assistance Program For Incoming Freshmen New Exam Procedures Adopted At its meeting on April 4, 1980, the faculty adopted the following resolutions: 1. The Registrar shall discontinue the practice of proctoring the so-called "sit-down" or classroom final examinations in courses. 2. The Registrar shall arrange for one or more staff members or student assistants to be available at suitable locations in O'Brian Hall during regularly scheduled examinations to provide assistance to students who become ill or indisposed during examinations, or to alert the Registrar or appropriate "faculty members to problems regarding the administration of examinations. Such staff members or student assistants will not be appointed to aid in the enforcement of faculty policy regarding academic honesty. 3. Each semester, immediately prior to the start of examinations, the Registrar shall publish and distribute to each student a copy of the policy statement regarding academic honesty. At that Opinion 4 April 24,1980 PAD Elects New Staff — — — — �Lawyers Guild Links Law, Politics by Michael Wiseman Ed As an active member of the National Lawyers Guild, I am often asked by interested law students, "What does the Guild do?"For those attending the Guild's Spring Regional Conference, the purpose and value of the Lawyefs Guild was made clear. Through political action, discussion, community and self-education, the Lawyers Guild offers political analysis to people in the legal field. This analysis seeks to link issues of legal concern with more general political and economic trends in this country and internationally. To facilitate political action, education and discussion, the Guild makes use of Regional meetings. On the weekend of April 11, the Guild's Mid-East — Region comprising Western New York, Michigan and Ohio met in Buffalo. In addition to concerning itself with internal Guild matters, the Regional also addressed six issues of general political concern. These issues were dealt with in workshops, entitled: Opposing Facism in America; Sterilization Abuse; Toxic Substances; The Draft and Increased Militarism; Rural Legal Services; and Affirmative Action in Law School. While the Regional did not present a general theme, it was apparent that the workshops' sought to forge the link between politics and the law. Thei present status of America in the world is reflected in various issues that concern the legal community. Increased I militarism and the possibility to the international pressures resulting from a foreign policy which reflects corporate needs. Economic turmoil causes, or justifies, cutbacks in Affirmative Action Programs. Neo-Facist groups strengthen themselves by feeding on peoples' economic and racial fears. These issues are examples of areas which can be affected by legal people. The legal field's impact on such issues is traceable to the role of the lawyer in our society. This role is one which allows lawyers to act as maintainers, or alterers, of oursociety. The Lawyers Guild generally, and particularly during Regional meetings, seeks to offer a fresh political perspective on such issues, further, the Guild attempts to show how law students and attorneys can use their skills to help shape the political and economic destiny of this country. Those attending the Regional were — mike buskus Intellectual stimulus. For the Shakespeare enthusiast, plays by Sir William are performed each summer by the UB Dept. of Theatre in conjunction with the Center for Theatre Research. * Relaxation Cures Bar Blues by Mike Buskus No, this is not another ad for a bar review course! Studying for the bar is no picnic. Seriously, though, Anyway, I'm not going to tell you how traumatic, unpleasant, and boring it is to study for the bar exam. My point is simply this: don't overgiven some definite ideas you've probably heard enough do it. Keep some perspective about how they could become of that from the bar review and detach yourself from the involved in this process. salespeople. daily grind of bar review books and 'endless videotapes. Choose your own medicine. jogging, tenWhatever it is nis, bicycling, .dancing, card you owe it to playing yourself and your sanity to take an occasional break from Sleuth, a clever thriller himself somewhat of a "games the routine. which had a three year run on player." His quarry in this inI found it was quite relaxing Broadway, came to Buffalo stance was Milo Tindie (Joris to take a long bicycle ride last Saturday night. The play, Stuyck), seducer of the after dinner. Usually, I rode written by Anthdny Shaffer, author's wife, and more titan a ten or fifteen miles, sometimes was performed before a packmatch for Wyke's machinamore. ed house at the Katharine Cor- tions. Another must (repeat, must!) nell Theater, in the Ellicott The action moved along is Shakespeare in the Park. Complex. Each summer, for the last four, The play, which involves briskly, and neither player the Department of Theatre at lines. Direcof a renewed draft can be trac- numerous plot twists and other stumbled over his ÜB, in conjunction with the surprises, was very ably acted tion and lighting of the play Center for Theatre Research, by two accomplished thes- was well handled, though I has staged two complete pians. would have preferred the Shakespeare theatre producWilliam Hanauer was lighting to have been a bit tions outside in Delaware Park brilliant in the role of Andrew softer. The set was properly Edbehind the Casino. Wyke, an impotent writer of wardian, and the audience proThe first half of last year's detective fiction. He fancies perly appreciative. program, Comedy of Errors, directed by Saul Elkin, ran nightly, except Mondays, from THIS IS IT!!! July 10 until July 24. The curtain rose (i.e., the sun set) more End of the year SBA law school or less at 8 nightly. on Seating was spacious party at Kissing Bridge Ski the lawn. Blankets and pillows Lodge (Take Thruway Exit 55 to are recommended. If you think you'll be hungry or thirsty, brRt. 219 to Rt. 240S into Glening your own, since there is no — .', . 'Sleuth' Successfully Performed At Ellicott — — — Mal. k a summer job: 800-3311000 Work as a Manpower temporary. Flexible schedules. Good pay. Assignments available in your college town or hometown. Please call, toll free. ©MANPOWER' TEMPOBABY 3E(MC£S wood) concession stand. I caught Comedy of Errors on closing night, Sunday July 24, two days before the bar exam. It was a great diversion from the rule against perpetuities, coinsurance clauses, secured creditors and the exclusionary rule. Anyway, when almost everyone's blood pressure and nervous tension is at its peak (just before the bar exam), is a fine time to relax. Really! You've already worked six or seven straight weeks, so a night off is both therapeutic and well-deserved. Back to Shakespeare Last year, as from its inception, there was no admission charge. But, escalating costs could change that this year. After IT (the bar exam) is all over, relax, unwind, sleep, but before you leave Buffalo, NOT PASS GO, Go straight to Delaware Park for the second event in the summer of Shakespeare in the Park. Last year it was Much Ado About Nothing, which ran nightly, except Mondays, from July 31 until August 12. The acting and directing was first rate, the band was enthusiastic, the audience was fine and everyone had a good time. Be sure you, too, take time out from studying for the bar to see Shakespeare in the Park. Anyway, enjoy! And, yes, you too will pass the New York Bar . (the first time). SUNDAY, APRIL 27 2:00 p.m. Beer, wine, munchies, dancing, Body Contact Is Healthy buffet dinner, etc. ALL invited: faculty, first, second, and third year law students. Transportation available from law school Sign up oh list in mailroom HUG ME?? Social scientist Virginia Satir of Palo Alto, Calif, believes that massive quantities of hugging and other bodily contact leads to human growth in body and soul. Addressing the American Oγthopsychiatric Association in she said. Toronto, Satir stated four hugs In a related development, are necessary for survival, participants at a National eight would be good for Organization of Women sponmaintenance and 12 ideal for sored conference on Long growth. She added, "our pores Island advocated extramarital are places for messages of sex as good for "growth in the 1980s." love." — TALK IT UP!!! .. by Marc Ganz Satir is a pioneer in family therapeutics, which measures chemical responses to bodily stimuli. She has done consultation work for the United States Army and several universities. She is disappointed with the Americans'she observes. "Most touching done in this country is done on the football field," April 24, 1960 Opinion 5 �Last Will And Testament Baubles Bequeathed In Last Gratuitous Transfer We, the Class of 1980, of SUNY at Buffalo, School of Law, Hall of John Lord O'Brian, do hereby make, publish and declare this to be our Last Will and Testament, as follows: We give and bequeath the following tangible and intangible personal property to the faculty, staff, administration and remaining students in the following manner: FIRST: Rich Abbott, the tennis star, leaves his balls. SECOND: Wayne Lopkin leaves his combination editing pen-cattle prod. THIRD: Claire Fay leaves us all breathing heavily. FOURTH: Randi Chavis I wyes her Opinion. Y//TH: Bill Higgins and Fran Turner both leave their jock straps. SIXTH: Sabino Gerard Citera leaves his real first name. SEVENTH: Charlie Ben leaves a little taller. EIGHTH: Paul Buergher leaves us with the task of figuring out who the hell he was. NINTH: Debbie Norman leaves her car to someone who's willing to tow the thing away. TENTH: Eric Bloom leaves THIRTEENTH: Marty Schank leaves the clouds he's been in. FOURTEENTH: John Whiting leaves his Key West contacts. Steve FIFTEENTH: Schurkman leaves a tough act to follow. SIXTEENTH: Jeff Allen leaves his legal levity. SEVENTEENTH: Phil Myers leaves his 4-on-the-floor, dualoverhead cam, fuel injected mind. EIGHTEENTH: Kurt Seidman leaves his punk rock collection. NINETEENTH: Ken Turek Leaves us glad that he came. Lorenzo TWENTIETH: McCrier and Jerry Randle ._*rif Cioia leaves, but plans to be Curvin leaves his Flounder imleave identities. TWENTY-FIRST: Pepi Freedback for intramural football in itation and his air sickness bag. the fall. THIRTY-FIFTH: Bob Laßussa man leaves a pack of cigarettes and a cup of coffee. TWENTY-NINTH: Mike leaves dribbling. TWENTY-SECOND: Jim Shapiro leaves his camera to THIRTY-SIXTH: Mike Mohun Anliot leaves us wondering someone who knows how to leaves his motorcycle jacket and his Bruce Springsteen when the flood's coming. focus? TWENTY-THIRD: Cathy THIRTIETH: Jeff Katz leaves look-alike trophy. Kaman and Gus Ryan leave his love for the law and his THIRTY-SEVENTH: Dave without ever having been here. Hustler collection. Karel leaves us wondering. TWENTY-FOURTH: Barry THIRTY-FIRST: Karen THIRTY-EIGHTH: Marty Jones leaves his caveman strut. D'Agostino and Mary Jo Dowd Violante leaves an offer you TWENTY-FIFTH: Rob Dunn leave the difficulty of finding better not refuse. leaves this advice: "I'm sober two nicer people. THIRTY-NINTH: Jeff THIRTY-SECOND: Ken Serether and Joan Hoffman enough to realize that I'm too drunk to drive." Patricia leaves 4,786,616 empleave together. Ted ties, his collars. TWENTY-SIXTH : b FORTIETH: Paul Bumbalo n ELEVENTH: Andy Mandel Donovan leaves his clipboard THIRTY-THIRD: Don West leaves a funny last name. leaves on another road trip, FORTY-FIRST: Lee Smith leaves his Mulligan's V.I.P. and whistle. TWENTY-SEVENTH: Ricky but leaves this advice: "It's not wishes he could leave a funny card. TWELFTH: Dave W-ynn Samuel leaves his Buddy Love where you go that counts, it's last name. FORTY-SECOND: Beth leaves a couple pairs of baggy cologne and wardrobe. who you bring along. TWENTY-EIGHTH: Horace THIRTY-FOURTH: Steve Buckley leaves Ken Joyce as pants. ■ their true , • -^m^nficano the only person crazy enough to still root for the Boston Red Sox. FORTY-THIRD: Bonnie Cohen leaves for San Francisco. FORTY-FOURTH: Sherm Kerner leaves his SBA tasks and coaching duties to some other poor sucker who won't .. be able to smile through the whole thing. FORTY-FIFTH: Dick Troll leaves his L.L. Bean catalog. FORTY-SIXTH: Tom Kelly leaves thank Cod. FORTY-SEVENTH: Hector Santiago and Larry Kerman leave their voices. FORTY-EIGHTH: Lew Steele leaves his in-ini-iniminimitable style. ATTENTION Summer 4 80 BAR/BRI Review Takers: - The course will rim from June 6 to July 24. You should be receiving notification and details in the mail by May 9th* There will be two sessions daily, 10 a.m.*2 p.m. and 6-10 p.m. You may pick whichever session you wish. Anyone wishing to administrate the 6-10 p.m. session, please phone 691*4369. Compensation is involved. Opinion 6 April 24,1980 �Pep Talk Some Sporting Reports We Would Love To Hear by Joe Peperone Hartford: 62 year old Gordie Howe begins his 42nd year of professional hockey tonight, as his Hartford Whalers begin the 1990-91 NHL season by facing off against the Red Deer Moosepelts, the 33rd and newest NHL team. Asked if it was hard getting psyched for another season, Howe admitted it was, but said it would have been worse if he had played for either of the two Stanley Cup finalists, who brought the long 1989-90 season to an end last Friday. When asked if he had any other goals to shoot for before he retired, Howe said he hoped to hang on for four more years, so he could play with his grandson, Gordie 111. Syracuse: Manager Billy Martin was fired yet again by the New York Yankees for his always colorful off-the-field behavior. Martin reportedly punched out a lampshade salesman in a Syracuse bar last night. Martin originally released a statement in which he claimed he only had a light Awards Are beer and the salesman had cut his lip on a chipped glass, but later revised his statement following the operation to reattach the salesman's left cheek to his face, stating, "He put a lampshade on his head and I thought he was making fun of me." Martin later told reporters, after being fired, he didn't need Yankee owner George Steinbrenner to protect him and "George can just get one of his boats and sit on it." Steinbrenner, who had successfully persuaded the administrators of the Sunnybreeze Psychiatric Center to release Martin so he could manage this year, was reportedly distraught. St. Louis: Flash Peters, the Heisman Trophy winner and the NFL's number one draft choice, who decided to sit out the season because the Cincinnati Bengals refused to give him the one million dollar a year contract he wanted, is now working in a McDonald's in a St. Louis suburb. Boston: The Boston Celtics remained undaunted today. Announced The commencement com- Jubulis, secretary to Dean mittee is pleased to announce Hecfdrick and Linda Nadthe recipients of the 1980 brzu.ch of the admissions and senior class faculty and staff records staff. awards: The awards will be Professor Louis Del Cotto will receive the faculty award. presented by member* of. the The staff award will be senior class at the .upcoming presented to both "Cleo" commencement ceremonies. The Mountain Climber He began his journey with the meekest of tools. Teaching a lesson to his audience of fools. He scaled the mountain with only courage and skill, For this was the destiny of his own free will. But he climbed the mountain not as a dare. And he didn't just climb because it was there. He became a better man for every inch he rose. Oh, the agony and pain, Cod only knows! His audience watched with ignorance and awe, As they couldn't understand just what they saw: "Why does he climb? What does he seek?" And others would answer, "Why, to reach the peak!" "What a foolish man and what a silly goal! He'd be just as manly if he climbed a pole!" But we ought not measure Man by what goals he seeks, Be they fortune and fame or mountain peaks. The fact that he does strive to reach that Summit Precludes him from ever having to plummet. And if you ever ask him why he climbs, He will give you an answer that always rhymes: "I do not strive merely to reach the top, I only climb because I mustn't stop!" quasi N. Rem ('81) To all the mountain climbers of the class of 1980, QUASI N. REM wishes you health, happiness and success as you embark on your future. QUASI will be back next semester, but increased newspaper responsibilities may decrease his inspirational drive. despite the fact itappears they have lost the battle to have Ralph "Swish" Jackson declare himself a hardship case, drop out ofThomas Jefferson Junior High School, and join the team for next year. Jackson, 13, has reportedly been offered one million dollars a year and a date with Brooke Shields if he signs with the club. "I don't understand it!" lamented Celtic general manager Red Auerbach yesterday, "I offer the kid a three year contract at Record Rack a million per and he wants to finish his education. It just seems short-sighted to me." Now for one story I think you will see. Coaltending and defense have won the last six Stanley Cups for Montreal and Philadelphia. The Buffalo Sabres have them both, and as of this writing have a legitimate shot at the Cup. I am a Sabre fa«, and have shared season tickets for nine years, but I have also seen the team play below their poten- tial for far too many years to engage in idle dreaming about their chances. I began this season as a skeptic, along with many other Sabre fans, hoping the Sabres could prove worthy of the strong support and constant sellouts the fans have given them for the last ten years. They have; The Buffalo Sabres will defeat the Montreal Canadiens in seven games for the Stanley Cup. Seven New Albums For Summer thoroughly. by Mike Rosenthal The best of the dance Against The Wind Bob Seger and the Silver Bullet Band numbers are "Stomp" and Seger's finest album comes "Light Up The Night," while after an album so good it is the best of the more mellow hard to believe it has been bet- cuts are the gorgeous tered. Seger has an excellent "Treasure" and "This Had To mix of ballads and rockers and Be." It was always obvious performs both equally well. that the Brothers Johnson had One of the best ballads on the a fine album in them; it's nice album is the current single to see they have finally record"Fire Lake." "No Man's Land," ed one. journey "Against The Wind" and Departure The best thing about this "Shinin' Brightly" are further evidence of Seger's ability versatile album is Journey has within a genre that he is usual- gotten rid of the excesses and flourishes ex-producer Roy ly not identified with. However, there are also Thomas Baker bestowed upon many rockers of superior quali- their last two albums. The ty, especially "The Horizontal songs are a bit more commerBop" and "Her Strut." The cial than their previous years of touring and writing material, but the success of have paid off. With this album "Lovin' Touchin' Squeezin' " Seger has reaffirmed his status from their last album showed there was a definite audience as a true superstar. Light Up The Might The for their music. Thankfully, Journey does not copy their Brothers Johnson After a dismal third album, previous songs like many and two uneven but promising groups do on their first album albums, the Brothers Johnson after a big break-through. seem to have gotten Three songs on this album themselves in shape to pro- deserve much radio airplay. duce a soulful and danceable These are "Any Way You Want album of * high quality. It," "Walks Like A Lady" and Although Quincy Jones has "Where Were You." produced all their other American Gigolo Soundtrack This album is selling only albums, he has pulled out ail the stops this time. As he did because of the inclusion of for Michael Jackson's recent Blondie's giant hit, "Call Me." album, Jones has brought With the exception of one former Heatwave member Rod other vocal by Cheryl Barnes, Temperton in to assist with the this album is solely instrumensongwriting chores. The knack tal; two of them with the same for a commercial but not tune as "Call Me." Giorgio watered-down soulful sound Moroder is quite talented, but that Temperton brought to with so much of the album songs like "Rock With You," devoted to his instrumentals, it "Off The Wall" and "Boogie is definitely not worth $8.98. Andy Cibb Nights" fills this album After Dark - — - — - Too much of the material on this album whispered ballads. No matter how good the material might be, this similarity of interpretation does not make for anything but "muzak." Nevertheless, "After Dark," "Desire" and one of two ballads done with Olivia Newton-John, "I Can't Help It" are worthy of at- tention. It's a pity these songs are surrounded by so much muck. But The Little Girls Understand — The Knack Not as bad as the first single off the album, "Baby Talks Dirty"(a "My Sharona" clone) and not as good as their first album, the second Knack album is a very pleasing collection of songs heavily influenced by the sixties. It's not art, but it is fun after all, that is what their music is supposed .. be! Gideon to — Kenny Rogers One of the finest albums ever made in the country genre. Kenny Rogers has pj> duced a true classic with this conceptual album that tells the story of Gideon Tanner, the preacher's son who became a cowboy and lived a life of womanizing and drinking. Kirn Carnes and Dave Ellington wrote \every song, and the album reflects this consistency. The variety of tempo fits story line so the stages of perfectly it seems as if the songs wrote themselves. An honest, pure and perfect be that will album remembered for years to come, Gideon should be looked into by everyone. BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS . Knowing how to write answers the way Bar Examiners want to see them written can make the crucial difference. Hundreds of students from New York law schools have been convinced that what they learned at THE KASS PROBLEM ANALYSIS CLINICS was essential to their success in the Bar Exam. - ATTEND THE FIRST CLINIC-ABSOLUTELY FREE-on June 14, 1980 Clinics will run on six Saturdays, starting June 14, at SUNY/Buffalo. FEE: 095. Second year students can attend our June 1980 and June 1981 series upon the payment of only one fee. A TOTAL OF Iβ DIFFERENT, VERY DIFFICULT ESSAYS WILL BE COVERED IN EACH SERIES. in an appointment to hear a playback tape of interested For farther information or if the first clinic call Buffalo agent, Oliver Young, at 883-4059. Any other questions can be addressed to KASS PROBLEM ANALYSIS CLINIC, 87 William St., N.Y.C., N.Y. 10005(218-WH3-3690). April 24,1980 Opinion 7 �Computer Problems Plague The ETS cont'd. from page one petitive and selective than it being was last year. In referring to delay informed about this and are being kept in the numbers from which the "blissful ignorance" according decisions must be made, to Assembly Higher Education Dooley said, "We should have Siegel (D-Manhattan). Accorda very highly qualified group ing to UB admissions and ding to UB admissions and of students next year." This increased applicant records, a notification process pool is evident throughout the by them would be too costly nation. This will make the ETS and too time consuming to be delay that much more signifi- worthwhile. cant. Steve Solomon, head of the Applicants, however, are not Standardized Testing Project for New York Public Interest Group (NYPIRG) agrees with Siegel. He said this is "an unprecedented breakdown in service that has adversely affected tens of thousands of law school applicants." The Law School's Admissions Council however denies all charges of non-disclosure and claims that the delay has been covered in college newspapers around the coun- William Greiner try. As of April 6, 1980, ETS estimated the delays were reduced to two weeks. The nation-wide scope of the admissions delay is expected to prevent any significant long-term adverse effects. — Michael tots have taken the capitalist approach to the season. Whatever happened to five cent lemonade? Legal Method Program Examined cont'd. from page one to actively seek out disadvantaged students, a duty to the necessary resources to help them adjust properly." Rodwin expressed concern that the present program not be curtailed, and that more qualified persons be allocated. allocate New Professors Join UB Faculty cont'd. from page one has also practiced law as an another year at UCLA, George associate with an Indianapolis Priest, who will be teaching at firm for one year. Yale, and Milton Kaplan. Barry Boyer will be going on Members of the full-time faculty who will be taking or sabbatical in the spring, as will continuing sabbaticals and Wade Newhouse, whose therefore not be teaching in course on collective bargainfall include Grace ing will be taught by Jacob Blumberg, who is staying on Hyman. * shapiro Future law professors? Whatever the case may be, the rites of spring have come and apparently these young John Spanogle is unsure whether his sabbatical will begin in the fall or spring of next year and Joan Hollinger, who completed a one year visiting appointment, will be going back to Detroit.. Those professors returning from sabbaticals include Janet Lindgren, who will be back full-time to teach torts and legislation, James Atleson, who may be teaching a new first year course in labor and employment, Marjorie Girth, who will be offering debtorcreditor and bankruptcy reorganization, John Schlegel, who will teach a new first year course on judges. Thorne McCarty, who will continue his semester computer research, will be teaching only one course in the fall, probably patents an copyrights. Boyer said he believed the "There are very deep risks in long research and writing any special admissions procourse conflicted with the gram," said Creiner. "You're legal method program. probably going to lose some. "As a result of legal method And it always hurts," he added. running simultaneously with "Everyone admitted under researach and writing," said the special program," said Boyer, "students in the pro- Everett Hopkins, another stugram may be overburdened dent enrolled in the program, with writing to the extent that "can handle law school. The less time is available for actual problem is that the law school course work." can't handle us. There are not Cowan said he would sup- enough faculty to deal with port an administrative pro- the thirty students admitted. posal to place civil procedure We should be given more feedsecond year of law back oh our progress." in school'to alleviate some of the Randall Perry, a student research and writing pressures. enrolled in the program, cited Criminal law would serve to substantive problems with the replace civil procedure, but program. "There should be research and writing would be_ more writing related to the postponed until the second finaTexam," he said. Sheryl Robertson, also year. Boyer cited a third factor enrolled in the program, said, which may have affected last "There should be more emsemester's program. He phasis on writing and exam hypothesized the admissions techniques. Anyone can learn committee may have "dipped substance, we need to learn lower into the applicant pool" how to apply the law in an exthan it should have last am situation." Professor Paul Spiegelman, semester. Boyer and Creiner expressed who taught civil procedure in concern over the need for the special program, maintaingreater scrutiny in future ed that "although there were special admissions applicagreat human risks involved, the tions. "There were a substanprogram was worthwhile. The tial number last semester who students need time to adjust to didn't do as well as we exthe rigors of law school," he pected them to do," Greiner said, "and the first semester is admitted. too soon to judge." year Job Seeking In The Legal Community? Improve Your Chances! You can now have your letters of application individually and professionally typed, error* free, at a reasonable price Call us for details 8 a.m.-9 p.m. (Mon.'Sat.) Paragon Business Services . MM — Michael shapiro Don't let finals get you down: get a Norton cafeteria ice cream special. Mm Mm Messy. — — 8 Onfatinn Anril 24. 1980 Statler Building 107 Delaware Avenue — Suite 1304 Buffalo, N.Y. 14202 847-1260 �LIVE From Buffalo: It's THURSDAY MORNING! Volume 1 Number 1 Onion NO NEWS FIT TO PRINT State University of New York at Buffalo School of Flaw April 24, 1980 Faculty Resigns Due To Lack Of Utility Lone duck frolics in John Lord O'Brian Memorial Swamp. - suy van baalen Students Sue To Preserve Swamp ■ A group of three law students filed a legal action in the United States District Court for the Western District of New York today seeking to enjoin the construction of the Social Sciences Building on the Amherst Campus. The students' main argument is that to construct the building, the University would have to destroy a federally protected students to teach themselves," a process he admitted had wetland within the meaning of the students' action, said, been going on for some time. the Federal Wetlands Protec- "They would only have a case "They've got the law library, tion Act. The students are ex- if the district court were half of them have jobs pected to produce holding Moot Court" This downtown, and there are photographs before the court response was elicited from Proalways the tapes in A-V." Aekshowing a continuous water fessor Mann just minutes after ed what he would be doing level of 6" or more and also the Mugel luncheon, at which -with all his spare time, the plan to introduce evidence Mann chatted with long-time Dean had a pat answer. that several wild ducks have "I'm going spelunking in taken up residence at the site. friend, Al Mugel, after whom Great Britain. Citing a severe Law Professor W. Howard the Moot Court tax competidislike for the—modern arMann, asked to comment upon tion is named. chitecture of John Lord O'Brian Hall, Headrick stated he never really felt comfortable in a building without windows, or without ivy climbing the walls. prised- of approximately 234 class, Greiner replied the comstudents. Of these. 160 would mittee felt strongly that liberal be women, 40 would be admissions policies should not Blacks, 20 American Indians, 5 be overdone. He also said this Eskimo, 5 Iranian, 2 Serbo- student would be carefully Croatian, 1 Chinese and a observed and monitored to inwhite male Ivy League sure he was not a disruptive ingraduate from Long Island." fluence. Asked as to why the latter "We could always toss him would be given a place in the out," was the chairperson's reaction to the suggestion that such a student might indeed upset class homogeneity. Pressed about the question of discrimination; Creiner admitted the department had placed a rather peculiar interpretation upon the Supreme Court's decision in Bakke. "We reject," he said, "the majority's holding in Bakke," "It is for each school to decide what percentage of be minorities should admitted," said Creiner. He stated this was especially true for a school such as ÜB, which had unbreakable ties both to the State as well as to New Admissions Policy Instituted In announcing guidelines for the selection of next year's freshman class, Associate Dean William Greiner informed the university the Law School plans to continue its ef- forts to compensate for past discrimination in professional admissions. "The class of 1983," he said, "would be com- "Grciner said thatV ■ In an unprecedented move yesterday, all members of the faculty of Law and Jurisprudence tendered their resignations to President Robert Ketter effective immediately. This came after a protracted faculty meeting at which various members of the tenured teaching staff fell asleep when Dean Thomas Headriok suggested that they all drive over to the Main Street campus and tender their resignations en masse. In a tersely written statement, the faculty declared they felt themselves of little or no vise to the university in general, and to the law school in particular. Contacted in his suburban home, Headrick said the writing had been on the wall for some time. "We decided," he said, "that it would be just as well for the the local community. When asked what will happen in the future when white cont'd. on page four Jack Hyman, a.k.a. "Uncle Jack," was less willing to discuss the move, which has sent shock waves through the university community. "Oh, for Christ's sake," he whined, showing clear signs of irritation. "Haven't you students bothered me enough all these years? Now that it's 'outski,' won't you please leave me alone." Pressed as to what he would do now, Hyman said, "Look for another teaching post, of course." Professor Howard Mann said he was relieved his sabbatical from the Supreme Court was now over, and he would return to his position there after thirty years. "What good did we do them?" was Louis Del Cotto's response to the mass resignation. v No student of mine has ever practiced tax law. In fact, I had the feeling all along that my popularity was a 'requirement.' " Also relieved were Professors Richard Bell and Michael Schaeftler. While the former said he now could spend more time touring in his MC, the latter hoped to devote his full attention to the restoration of a Ford Pinto, and thus avoid the necessity of hitchhiking to his next job, which he said would be with a five hundred partner firm in Illinois. Professor Kenneth Joyce announced after the meetings he would be moving to Boston, to be closer to his beloved Red cont'd. on page four "Put the potatoes in at 450°. I'm leaving tor the airport now." April 24,1980 Onion 9 �AP" I24 1980 Vol.l No. 1 ' Editor-in-Chief Justin "Perry" White Managing Editor Justin White News Editor: Feature Editor: Photo Editor: Business Manager: — Justin White Justin White Justin White Justin White Staff: Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, AnonymouS, Anonymous, Anonymous. ©Copyright 1980, Onion, SBA This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental. WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! Wonderful World by Robert Potenza my Legislative Constitutionality nothing AtThey trying being by maybe night dilate Maybe bought Aland only though tstudent get up stay your hver sent ough sayI'm expletive myself telling History jurisdiction my hung deleted) you student, peasants piece groanjn' theyPeand baby, Ages pages ya But ethat if And out What much Orany know' I'm much know Wher at thiMiprofessors are wthey I the WhenI Even w a do Now don' claim Cause someone can Don' Cour can' onderful ntinonderful ek'mgChancery otguitstuchraduate all o hserfhthat i( a t'slegal about between world 'bout to court world to I'm Socrates from of be hire be moanin' an fiction are no law an the it I Civil the loans it me. "H" a see fool would a will Rem school "H" three torts Middle breeze m old Pro is and are be! and Moot. student case I due be took. book. feed suit rsonam Don't know Don't know Don't know Don't know Legislative History Constitutionality nothing from my old case book. much about the torts I took. But I do know that I'm no fool And if I ever get out of law school What a wonderful world it would be Don't know much about Civil Pro Or any other that (expletive deleted) they feed ya Don't know''much 'bout jurisdiction They all say it's a legal fiction Now I don't claim to be an "H" student Athough I'm trying to be m Cause maybe by being an "H" student, baby, I can get someone to hire me. Don't know much about the Middle Ages Where Courts of Chancery hung peasants and pages I stay up late at night moanin' and groanin' I can't distinguish between Rem and Personam Maybe your professors are a breeze Mine think they are Socrates I went and bought myself a three piece suit Although the only court I see is Moot. When I graduate I'm telling you Even though my student loans are due What a wonderful world it will be! Former Law Student Offered Bribe For Poor Performance There was a microphone planted at the center seat at the' Moot Court Rooms-front bench. Along with that was a pitcher of water and a small black box which contained a device to distort the speaker's voice to sound like a famous cartoon mouse. Federal agents led a masked man into the room and seated him behind the microphone. Aside from the handful of students allowed at this meeting, rrost of the professors had been si mmoned to hear the young man's stery. His tale was the exf " >t of a bizarre plan set up the Administration to encourage students to achieve higher grades. The masked man revealed that he was a 1976 graduate of UB Law. He said that after he had received his fifth of twelve "D" grades in his he was approached by two as of yet unnamed men wearing hats and trench coats in the vicinity of the fifth floor faculty lounge. "They told me that I could do better than I had been doing, and that they were willing to offer me $500 for each D received to that point. Any D's received after that would receive a $750 price tag. They' also informed me of a project to encourage students to do better through monetary rewards." Recently, the plan had been referred to in a paraphrase of Joe Garagiola's Chrysler pitch, "Got a D? Get a check!" In total, the masked man received $7,750> for his poor grade performance. Perhaps the story never would have gone beyond the confines of O'Brian hall but for two things. First, the student couldn't gain admission to the Bar due to his grades. Because he had been paid for this lacklustre performance, he had expected that he would be given a break when he graduated. Second, the administration found it was paying out money to otherwise ■good students who were getting "D" grades just to get the checks. Rumors have it that the school took a financial beating last semester when it paid a record amount to Library. students in a certain Tax I sec- Sears ne_yer guards "The tion. Said one student who materialized, theVe are still was $500, "I a and received D using the told that tax wasn't an easy non-law students taxpayers' money library, and $500 the sure but subject, again," makes it easier to bear!" is down the tubes Therefore, the university was stated a public interest group goaded into action. Initial in-« spokesman, who preferred to remain unidentified. vestigation prompted the adWhile in the Moot Court its tack ministration to change to tape and offer hornbooks, Gilbert's Room, I had a chance procomments from some havand Nutshells to students are a ing difficulty with courses. fessors present. Herewith few statements: "We thought of it as a deter"Had I known then what I rent to D's," quipped one now, I wouldn't have know "It was faculty member. cheaper to buy books to save done it." "They have no basis students from the heartbreak for taxing my patience and of an unsatisfactory grade time like this!" "What's this rather than to pay them for guy's problem?" "Make me an argument why I should listen poor performance." to this!" "This fundamentally Sources are trying to ascertain how much money was unfair practice fust shocks my spent, and the bureaucratic conscience!" and "The Feds boondoggle has baffled those appear to have a prima facie case unless the ultimate facts .seeking the person(s) responsible for the program's inception show a nationalized legal right and maintenance. Reliable in- to engage in such activities." formants have told this The dean was unavailable for reporter that the money was comment, as he was in England siph-oned from a fund trying to argue against the torestablished to pay guards to tious enfeoffment of his bar non-law students from ancestor's castle. Pierson Not Tireless; SBA Suffers Crisis New SBA President Melanie Pierson has been stuck in a tire for nearly three weeks. With its new president totally incapable of performing her duties, SBA faces a constitutional crisis of monumental proportions. Three directors pointed out that the tire, a Firestone '500' steel belted radial, was recalled due to manufacturing defects and that the SBA might have a cause of action against Firestone. Four other directors suggestsed the warranty might not extend to people who get stuck inside the tires. Five directors resigned. The mefiting adjourned leaving Lew Steele behind debating all seven sides of the issue so there would be a record of the debate. Prof. Charged With Udder Cruelty the Adams' barn administering April 2, 1980 From our Staff Correspondent electric shocks to over 200 prize guerhsey milk cows Madison, Wisconsin Evidently, he had tied elecProfessor Howard Mann was trodes to their udders, and was arraigned late today before handling a switch which sent Dane County Court Judge Bo 110 volts into the startled Vine in connection with a animals. Adams had been atcriminal complaint filed by a tracted to the barn by the loud local dairyman which alleged braying sounds. He wrestled that the law professor had with the UB law professor engaged in conduct which con- before disconnecting the elecstituted cruelty to animals, trical harnesses from his cows. In county court, Judge Vine punishable under. Section 155-A of the Wisconsin Penal commented he had never heard of such a thing before. Code. In his complaint filed with He conjectured that this case the Town of Reading Police, would stand beside Dean Milk Charles "Chuck" Adams main- in the annals of Wisconsin tained he had found Mann in jurisprudence. Asking Mann if — Onion 10 April 24,1980 he had any comment to make at the time of arraignment, the teacher of constitutional law raised his shackled hands and approached the bench. "Cot no prima facie case, don't you see?" Judge Vine said no, he did not see, and granted Mann $5,000 bail, ordering that he return to Wisconsin in a month for trial. Asked if he would take advantage of ACLU representation, Mann said he would not, stating the American Cow Lovers Union could hardly be expected to be of much help. . . - ted tobiti _, , Melanie Pierson manages a smile throughout her tiring experience. �SBA Allots Money To Colitis Research by Marc Can/ Government Correspondent Copy . machine claims its first victim. " gUY van baalen Copy Machines Emit Radiation by Karen Spencerwood would no longer have to worry about her acne problem. A statement issued last week "Either those x-rays will clear by the Xerox Company has set them up-or I'm not going to be off widespread fear of radioac- around to worry about them." tive contamination in the stuOther students expressed dent body. Mr. John R. Blum, fears quite openly about loss speaking at a news conference or hajr, fertility, health, and in Rochester on Friday, announced that the company had removed three of its 124 copiers from the Charles Sears Library after a careful inspection disclosed that the machines were giving off dangerous amounts of radiation. Stating that everything was under control, and dispelling doubts about other Xerox machines in use at the present time, the spokesperson assured the press that the problem was limited to machines that had been used in the UB Law ■ their lives in general. "What in hell is going on around here," asked one distraught co-ed, who remarked that she had spent the bet- ter part of Spring break working in the library, to a great extent with the machines. "Everybody took off for Florida, and I'm up here in this sweatbox getting an X-ray suntan." This led other students to complain about their own exposure, and a phone call was placed to Xerox in an effort to clarify the mystery surrounding the three copiers. On Tuesday night, the Student Bar Association allocated its $25,000 surplus to Colitis Associates, a newly formed research group on lower intestinal problems. This action came after nearly five hours of emotional debate between supporters of colitis study and the Anti-Balding Coalition of ÜB. The SBA was split evenly over the issue. Tony Leavy opened debate with a half hour demonstration of the reasons for colitis research. Many members of the student government left the room during this period As Leavy explained, "There is a high incidence of colitis at this law school. Since many students develop this and other lower intestinal disorders while here, it is up to the SBA to fund research in an attempt to correct the problem In any case," he added, "colitis research is. socially progressive." The Anti-Balding Coalition had many thick and bristling supporters, however President Melanie Pierson shouted (for the first time in years), I want hair, I just want hair!"' She repeatedly used her parliamentary powers to hamper Leavy's presentation, while simultaneously stroking her chestnut locks, smiling like a Cheshire cat Several third year students demonstrated outside the meeting room in favor and support of the colitis project At one point, a group led by Emil DeNardo threatened the colitis backers with physical harm, which led to recriminations-and counter-threats which sought to agitate DeNardo's standing to speak for the AntiBalding Coalition, keeping in view his long history of lower tract infirmities. Above the disruptive din which at one point brought the SBA meeting to a halt, Lew Steele portrayed the plight of a third year student with colitis. He spoke of cramps and other intestinal problems This in turn led to accusations by some present that Steele had generated more intestinal disorder than he had suffered himself. At the close of debate, the SBA voted 4 to 2 in favor of the colitis grant. Pierson was unavailable after the meeting to answer questions from the press, who had been barred from the meeting during testimony before the committee which had studied the various possibilities for dispersing the funds. It was learned later, however, that the Sierra Club, BALSA, and the Love Canal Homeowners Association had each asked for time to present their appeals to the SBA However, each had been refused under the theory that more important concerns, such as SUNYABALDIES and SUNYABCOLITIS, need take precedence over non-university activities such as Sierra and Love Canal; while BALSA was denied access to the meeting and thus to the funds because they were merely a minority group, not representing the bulk of the student body. It was opined, however, that if BALSA had any bald members, especially like Persis Khambatta in Star Trek, then they would be eligible for consideration. Pat Dooley, SBA vice-president and former afro-style hair-do wearer, commented -that a transition from BALSA to BALDSA could easily be effected Adventures in Constitutional Law @ "kr< School back at the Campus, officials were trying to recast events which led up to retrieval of the ' Meanwhile, Amherst machines by Xerox. Xerox has maintained it was called in after reports were made by the law school that the rooms in which the copying machines were situated had become extremely overheated. At first dismissing the complaint as something to do with local ventilation, the company became concerned after geiger counter readings roughly approximated those taken at Hiroshima two days after the H-bomb had been dropped After determining it was indeed their machines which had caused the unusually high levels of radiation, the company sent in a team of specially clothed technicians to remove the faulty copiers, and transported them back to Rochester in a lead van. It was the witnessing of the machines removal which touched off widespread panic among students. "So that's how they work," said one student who has used the machines extensively. "I was wondering how they made those neat copies." Another student, laughing nervously, joked that she . Of course, this mode of analysis er - review, uhm, that is, scrutiny, or rather, perusal is based on one thine namely . .. — — test, or exam if you like; Uhm ahh, one, who is bringing the action there are in otßer words always other words who is suing ghm, 'b,' what phase the moon is in —— - . " . — — that is to say, blacks Race ahh ~ minorities not in the statistical sense, really, but if you will in a broader sense , Everybody except Supreme Court Justices - — - —- Or rather, eight of them, at least, depending on a simple three-orfour, it doesn't really Matter which, tiered ... . And finally, welf, is a coin toss to be employed, or some other, more sophisticated device, and so on .. Uhm — April 24,1980 ) where was If Onion 11 �Prometheus Bound Law School Founded In Greece by Susan L. Beberfall and Cindy E. Antanaitis cent. Exert yourself, my good friend; I am not asking you a to favor you today. Sacrificial offerings of thanks should be left at the Faculty Altar. difficult question." PROBLEM I Perhaps you have en- Modern Version: Pi, a citizen of Athens, imcountered the Professor: What is the dif"Socratic Method" during your ference between Law and ports olive oil for many of the sojourn at ÜB. This is not to be Public Policy? If policy is Law, Greek city-states. Delta, a confused with the Actor's is only a part of the Law policy citizen of Sparta, buys oil from or is the rest of it something Pi to use in making souvlaki Studio Method or Marlon Brando. The Socratic Method had else? You, Mr. Blue Shirt, which he sells to bread-winners in the marketplace. MCD, a its origins in ancient Creece. answer me! (sure, the rest Roman (foreign) corporation, But unlike law students today, Student: Duh transports goods from Athens those of ancient Creece had a is #&•s#©•) distinct advantage. Not only Professor: Whatsa matter, to Sparta and is also a carrier for Pi's oil. MCD had been did aspiring Platos have their can't you speak up? The proown scorecards, but they, blem with you is that you're warned by Homer Pile, a knowing the questions and not only immature, but stupid. wandering Bard, that disaster answers Socrates would pose I should qualify that. You're awaits it. MCD's managing called all the lazy too. Get off your butt, you agent, Hubris Maximus, igshots. Now you may ask, "Is young twerp. Any fool can nores Homer Pile's warning completely, continues the this ethical?" (only your Bar Ex- answer the question! business of shipping oil to aminer knows for sure). With Sparta, and steals Homer's perNeed more be said? time, however, the Socratic Method became cheap, vulgar, But just in case you're sonal copy of The Oliad and The Idiocy. This does not auger corrupt and commercialized. wondering what law school exIn short, it emerged, full-blown ams were like back then, one well with the Gods, who as the "Sarcastic Method" we has been reproduced for you. unleash their Sirens. The Sirens wreck havoc and lure MCD's all know today. Let's contrast This exam was given by Aristotle of Onassis at the Lyceum, ship to the rocks by wailing some dialogues from then and now. circa sth century B.C.E (Spring promises they are unable to For those wishing to keep. MCD's ship is lost at sea, (exTerm). Socratic Dialogue A True and the oil is never delivered. cerpted from The Euthyphro, relish the full flavor of this exam, just arm yourself with Meanwhile, Pi has not been Church Ed., 1956) Socrates: "Is all justic pious chisel and tablet and head for paid. Delta's souvlaki business ? Or, while all piety is just, Baird Point. For the truly is suffering; and Hubris Maxis a part only of justice pious, adventurous, Creece is fight imus is plagued by Hemorand the rest of it something off the New York State roids. Thruway (exit 45-47) and just Discuss: Moira (Fate); Jurisdicelse?" tion; Forum (not the one in Student: "I do not follow you, minutes from ÜB. Rome); Risk of Loss; Socrates." Foreseeability; The Price of Socrates: "Yet you have the ad***THE EXAM*** You are a Scribe at the Souvlaki and How Good is it vantage over me in your youth Anyway?; and Why Was Zeus no less than your wisdom. But, Senate. The following proas I say, the wealth of your blems have been sent to you So Angry? wisdom makes you compla- because the Cods have chosen PROBLEM II Daphne, a lovely young woman, has aroused the interest of Apollo, a Fast Man Around the Marketplace type. Apollo, upon seeing her, thinks, "Ah, what I wouldn't do page from one cont'd. Nymph!" and Sox. When it was pointed out indicated he was already to possess such a to her. Daphne proceeds chase his red sox were no employed in an undisclosed to him that further away than the end of capacity with the Department calls upon the Gods to save her and of Justice and any adjustment from becoming a Fallen his feet, Joyce Woman. They interfere as said he wore a red sock on his to "civilian" life could be easiusual (though a peace officer ly made. head, too. was nowhere to be found). In Professor John Spanogle St. Joan of Hollinger, "The making her escape, Daphne said he had never really taught Flying Nun," was not available stubs her big toe on a laurel well after the Laufer farewell tree, falls and now exhibits would she for comment. It is believed party, and therefore it make little or no difference to is in San Juan, where she strange tree-like growths all teaches family law Thursdays over her body. the students if he retired.^ Discuss: Criminal liability; perProfessor WilUam Greiner and Fridays sonal injury liability; statute of limitations; and Why the Gods Never Mind Their Own Business so-called — . .. .. . , Faculty Quitting With TVothing More To Do - Professor Milton Kaplan locked in suspended animation Kaplan Found Frozen Students who planned on receiving Sea Grants this summer must now ponder their fate in view of the fact that Professor Milton Kaplan, Sea Grant Advisor, was found frozen stiff as a board in his office last week. According to Registrar Charles Wallin, Professor Kaplan has not moved a muscle since last Monday, when a startled student conferring with Kaplan noticed that he was talking, in his own words, "to a stone wall." "I had this appointment with Professor Kaplan," said Larry Kerman, a third year student, "and I'm sitting there talking to him when I notice he was motionless, like a statue. The man didn't move a muscle. His eyelids didn't even blink. It was spooky." After Kerman notified Wallin, doctors from Millard Fillmore Suburban Hospital were called in and advised Dean Thomas Headrick that Kaplan is suffering from complete suspension of animation. "It's a unique case," said Dr. Moss, consulting physician in Neurology at Millard. "Professor Kaplan shows no signs of life, although he is very much alive. We've tried from electric everything — shock therapy to placing pictures of Bo Derek in front of him. Nothing's worked." Students with ideas about how to enliven Kaplarl are requested to submit them to Headrick. Anyone knowing Kapl.an personally is requested to be present in his room on Monday, May 4, when a group session will be staged in an attempt to bring him back. In the meantime, any person passing his office is asked to rap sharply on the door, in hope that some response may be elicited from the formerly active law professor. If siich efforts continue to be futile until the end of the spring semester, it was announced yesterday that Sea Grant funds will be spent studying Kaplan's condition. Admissions Policy Begun cont'd. from page one males with fine academic tunity to compensate for a records from good schools lack of minority representation seek admission, Greiner on the faculty, Greiner said he dismissed the hypothetical had, "no comment." "Don't you feel there is a with a wave of his hand. "They never apply here in need to have minorities on the the first place," he said, teaching staff as well?" he was laughing. asked. Greiner, however, was reluctant to discuss the effect which retrenchment might have upon the hiring of new faculty in the law school. Asked if this situation might provide an oppor- ty." "What is good for the student body," he declared, "is not always good for the faculAsked if the converse were true, he said, "Of course not!" PROBLEM Ml Sisyphus, former king of Corinth, was arrested for participating in the Trojan Gate Scandal. Following his conviction, he was sentenced to life imprisonment in Hades Prison, located in southern California. Due to overcrowding at the prison rockpile -and harrassment by fellow prisoners, ordered off the A former corporate law professor hitch-hikes back to Israel. Since most drivers were going only as far as Cairo, the professor went harpooning in Iceland for the dreaded "corporate whale." He wishes to remain anonymous; suffice it to say he resembles ' "Huge"Hefner! " 12 Onion April 24, 1980 pile and commanded to roll a two ton boulder up the pile until the end of eternity. Discuss: Greed; Corruption; Excessive Sentencing; Appeals; and Theories of Criminal Punishment. ***END OF EXAM*** — guy van baalen typos Prospective UB law student l<lw.\rd Hyrie, son'of Dr. Homer Jekyll, up application. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-04-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/24/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6edb4a1a16d2aa7a3d56cd8f90a4c164.pdf a6e56200b611b98cc726610f3e4c4ad8 PDF Text Text Law School Welcomes New Professor To Faculty by Amy Jo Fricano Our new Sales and Secured Transactions professor, Tom Crandall, makes his home in Spokane, Washington, not far from the famous volcano. He is teaching at UB this semester, and is working on a U.C.C. textbook with Professor Spanogle. The text, Cases, Problems and Materials on the Uniform Commercial Code, wiJI come out sometime next ye.ar. It is an ambitious undertaking, tackling not only certain subjects, but rather the entire Statute. Presently the pair have completed drafts on Articles 111, IV, and IX. The rest will be dealt With soon. Shortly after the eruption of Mt. St. Helen this summer, Tom Crandall began .a year Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 long leave of absence from After graduation he spent a Conzaga University Law year at Indianapolis' largest School. He has taught U.C.C. law firm, Ice, Miller, Donadio and consumer courses at that and Ryan. He felt, however, institution for six years. that sort of practice "just The Crandalls are making a wasn't for him." From Indianapolis, Professor figure-eight tour of the U.S. law schools this year: from Crandall- went to work for Spokane to the University of Milwaukee legaj services in a North Carolina at Chapel Hill, neighborhood office as a staff to Buffalo, to the University of attorney. There he got his first Colorado at Denver, and then real exposure in the area of law back to Gonzaga. that is now his expertise. During his tenure at legal services, This is no small feat, Professor Crandall has brought he became involved with the along his young children, law reform unit, focusing on Kelley, age 3, and Franklin, age consumer credit litigation and 5 months, with the help of his legislative reform. As a prowife Candace Carver. Crandall fessor, most of his writing has states he is very "glad they're related to consumer issues. adventurers." While in Milwaukee, ProProfessor Crandall.attended fessor Crandall also served as a law school at Indiana Universi- lobbyist at the State ty in Bloomington, Indiana. Legislature in Madison. He said, "That may have been my most interesting job before teaching." There he lobbied for the adoption of an alternate proposal, of his own design, to the Uniform Consumer Credit Act which he felt was overly creditor-oriented. The fruits of his labor became the Wisconsin Consumer Act, which is now considered one of the most progressive enactments in this area. Pennsylvania Legal Services in Harrisburg was his next stop, where' Professor Crandall became Director of the Legal Assistance Division. There he worked on legislative proposals which resulted in substantive changes in the law of mortgage interest rates and mortgage foreclosure. "I guess I prefertthe lawyering skill of Opinion Professor Thomas Crandall drafting legislation to any other," he said. Crandall added that he much prefers lobbying to the life of a practitioner. In 1974 Tom Crandall made up his mind to go into teaching, another endeavor he finds decidedly more incont'd, on page six Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 1 September State University of New York at Buffalo School of Law Placement Office Offers Many Job Opportunities 18,1980 Greiner on Temporary Leave by Edward Sinker job-fmding task in terms of a Viewed this in light. market. Professor William R. The University of Buffalo Placement is clearly "not an employment agency," as she Creiner will be on a temLaw School may not be Harvard or Yale, at least in the puts it. What Placement does porary one-year leave from eyes of prospective employers, is to provide guidance and his position as Associate assistance for people who are Dean to assume the responbut with the help of Alan Carlooking for legal or legally- sibilities of Associate Vice and Direcrel, Associate Dean tor of Placement, Audrey related employment. These President for Academic AfKoscielniak, Assistant Director aids include advice on effecfairs pursuant to an appointof Placement, and staff, U.B. tive techniques and strategies, ment by Vice President for sample Law Students have a good encompassing Academic Affairs Robert chance of landing a good job resumes, cover letters, who to Rossberg. write to, and mock interviews. anyway. Naturally, as Ms. "President Ketter made Koscielniak herself stresses, Placement also provides the main responsibility of fin- materials such as reference an excellent decision in books and psychological en- choosing Rossberg," said ding a job in the legal profesProfessor William Greiner Dean Thomas Headrick, sion lies with the individual couragement. In quelling student fears, "and Rossberg made a fine ble for receiving from temporarily to' serve as student; however, that task is Audrey stresses that Place- choice in Creiner. The students special "non- Chairman of the Admissions made far. easier than it otherment's function is far more university will be served routine" petitions relating Committee. wise might be if the student ap"I used Greiner as a sounproaches the task intelligently. than is .visible to most well by both men." to the academic program, Audrey, as Ms. Koscielniak students. Clearly, the most apding board," said Headrick, for graduation, A. Virginia Professor credit is better known, perceives the parent function of Placement Leary will fill in for Greiner general adacemic eligibility, "and it's reassuring to know is the early recruitment that is regarding ex- that he will still be available now going on. But this early as Vice Chairperson on the and questions to the law school communirescheduling. Academic Standards and am which includes recruitment ty as an advisor and instrucProfessor Louis Del Cotto The both the New York City Inter- Standing Committee. will step into Creiner's shoes tor." view Program as well as. the vice chairperson is responsiOn-Campus Interviews, is-"only the tip of the iceberg." And what a tip it is. The New York City Interview Program, for example, is very and a questionnaire which law tect UB Law's accreditation by R.W. Peters Opinion will hold its annual exciting to the Placement peostatus. Students were In-y students were to complete. recruitment bash today (Thurs- ple. Based largely on the good structed, in no uncertain terms, has its increased ABA week, students found The Last day, September 48). The results of last year's N.Y.C. profor outside work by to complete the enclosed Thomas allowance from Dean advisory an festivities will commence with gram, this year it is not only students from fifteen yellow form and return same coffee and doughnuts in the larger, but is being-run much Headrick in their mailboxes. full time to twenty hours, and is to Room 304, O'Brian. Opinion suite, Room 623 in earlier. This latter fact may The note regarded the number hours Law School sources mainwhether this new checking of hours that working outside O'Brian. Pizza and beer will be come as a jolt to many tain that this is a departure limit is with. complied being served in the afternoon. Those students' initial dismay, yet is law students may engage in.a to the from the usual hands-off Dean's letter to the was The advisory Attached interested in working for our actually to their benefit. For as facsimile of the memo receiv- students indicated that failure policy of administration newspaper should attend. Ifs ed by the Dean from the ABA to meet the terms of the ABA towards student off-campus a swell guaranteed (hid) to be activity. cont'd, on page four Legal Education Committee standard (305(aXiii) could aftimet by Dave Guy • Opinion Will Host a Party On 6th Floor ABA Imposes 20-Hr. Limit �Vol. 21, No. 1 OniniOn September 18,1980 4-Credit NY Practice Essential Editor-in-Chief . Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Business Manager: Marc Canz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano Staff: Doric Benesh, Joe Peperone, Alan Beckoff, Melanie Pierson. Contributors: Dave Cuy, Mark Rosen. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. should be offered as a four credit course, as it was previously, in order to comply with the expectations of those who had planned to take a four credit course in their final At a mimimum, the spring and to be taught by a semester. be offered for should course being While local practitioner. if this However, three credits. a step in the right direction, occur, a sufficient selecto is enough. go not far this does New York Practice is a course tion of four-credit courses that many seniors had planned needs also be offered so that on taking not only to prepare students will be able to meet themselves for the bar exam their credit requirements. The proposal as it now exand practice in New York, but, the course for on- memorandum was never answered. This semester the adLast spring, with the unfortunate passing of Professor ministration has proposed a Kochery, the administration two credit course in New York decided to discontinue offer- Practice to be offered in the To the Editor: ing a course in New York Prac- tice. This course had been taught as a four credit course by Professor Kochery. The decision was assailed by a large portion of the student body and was particularly criticized by this year's senior class since New York Practice is a course that is extremely helpful in preparing for the New York Bar exam and in the 'practice of law in this state. Many students signed a petition opposing the decision and an ad hoc student committee forwarded a memorandum to and met with Dean Headrick to discuss the problem. This in addition, to fill out their course requirements in their SBA Apologizes for To the Editor: 20-Hr. Rule Unwarranted - The SBA Promotion and Tenure Committee finally Last week Dean Thomas Headrick requested that all law published its long-awaited' students complete a student employment disclosure form. SCATE booklet evaluating the The declared rationale was to satisfy the ABA Accredita- law school professors. The tion Committee's demand that full-time students work no distributioncaused a not unexpected storm of controversy. more than 20 hours per week. This intrusion into the outThe committee is not without side commitments of students will act to separate law fault in this matter. The students from the community-at-large. methodology was sloppy: The ABA inspection team made several requests in an ef- percentage figures for grades fort to irViprove the existing quality of legal education. The were included without telling how many students took the team's major recommendation, however, was for a reduccourse (e.g., 17% F's in Prof. tion in our student-faculty ratio. Why has this request not Katz's Crime and Community been acted upon? Why are some students still forced to sit seminar were actually two peoon the floor in order to hear a lecture? ple out of eleven), percentages Dean Headrick's memo makes it seem as though our ABA accreditation hinges on strict compliance with the "20-hour rule." Scare tactics do not obscure the fact that the ABA standard is of minor import in the accreditation process. by Marc Ganz There are three reasons why the "20-hour rule" should not be enforced. The State University of New Traditional law school courses train people in the law, York (SUNY) central adbut do little to teach one how to be a lawyer. Students need ministration has stepped up its and desire an understanding of law in action. Knowing and attack on student control of doing are often as different as night and day. The present student activity fees. This, according to Student Association clinical program is not of sufficient magnitude to meet of the State University Presithese needs of the student body. dent Jim Stern, is evidenced by Lack of practical experience not only hurts the student, a direct attack on the funding but hurts the community as well. The ties between the law of such state-wide organizations as SASU and the New school, the community, and the Erie County Bar AssociaYork Public Interest Research tion should be nurtured and fostered. The administration's Croup (NYPIRC). stance tends to increase the distance between the law Since June, Chancellor school and the working world. Wharton's staff have waged Since student loans do not always cover all expenses, legal war against organized work necessarily enables many students to attend law student groups. Initially, school. Should we deny these students the opportunity of a Chancellor Wharton challeng- half- final semester of law school. hearted concession. In order to Last spring virtually the whole meet the needs of the senior senior class was enrolled in the class and to present a course course. As.a two-credit course of adequate substance, a four many students will feel or a three hour credit course is squeezed by slipping in a fifth required. elective and some may decide Steve Seener not to take it. The course . Orientation a Good Job "Sloppy" SCATE Editorial ists, offering ly two- credits, is only a were mixed with raw data, and grades were summed up over a span of several semesters without stating that fact One student was given the job of covering each professor and very little checking was done for accuracy. The committee and the SBA apologize for misleading figures and inaccuracies, and in an effort to correct any gross errors, we sent a note to all the professors requesting their corrections. The following correction was received from Professor Del Cotto: Gift and Estate Tax H-7, Q-23, D-0 and F-0. — To the Editor: The orientation program was conceived, "designed and managed by approximately forty persons. To thank all, those responsible for the smooth operation of the program by name, without missing any, would be difficult. Certainly, Ken Artin and Susan Pellatier deserve special compliments and congratulations. They both shouldered their responsibilities very well. Thank you Ken and Susan, and thanks are extended to all the other volunteers for the many tasks they performed. Allan Canfield Melanie Pierson News Commentary Threat To Student Fee Control — Ed the seating of Jim Stern on the SUNY board of trustees, contending that Stern was not a student. This step allegedly initialed Wharton's campaign against student organizations, according to SASU's spokes- More recently the Wharton administration has attacked the funding mechanism and accounting methods used by the New York Public Interest Research Croup (NYPIRG) and indirectly challenged student authority person. goverment's Wharton has also attempted to separate the Student Assembly, comprised of representatives of. all SUNY schools, and SASU, representing a majority of student governments who join voluntarily. This would cripple the student group, because much of the organization's funding comes from Student Assembly sources. budget via referendum. The attack, in the form of a legal opinion on NYPIRG funding, strengthens the administration's position in dealing with external or multi-campus orgnaizations by mandating legal education? One suggestion is for the law school to provide legal employment to supplement clinical offerings. The Baldy Center's initiative in housing code inspection is a model to You see before you a resource yet to be tapped by many; a be followed. The Center employs several law students to in- resource that can be whatever you want it to be. Why not take terview housing inspectors while the students learn advantageOf it? It belongs to you. It's Opinion and it's your law school newspaper. regulatory skills and also earn a decent wage. The school For those who think no one ever listens, we offer a chance to receives a report on regulatory behavior while the student be heard. For those who feel no one really cares, we encourage expression. is paid and educated. We offer a great deal to each one of you, and ask little in The administration seems to be worried about the return; only that you take advantage of us. dedication of only the working law student and whether he The new Opinion staff is dedicated to encouraging full parBut what faculty? has "spread himself too thin." about the ticipation of the entire law school community. Our doors are Shouldn't a disclosure statement also be required from prowide open to your thoughts, interests, and goals. We ask only fessors asking them to list their outside commitments? that you share them with us. We look forward to the 1980-81 academic year with great The administration needs to develop projects which involve students both in and outside of the classroom. To hopes and expectations. We hope you wjll find the new Opinion one of the best ever. We want so very much to be a good, effecpick on students at the request of the ABA without offering tive and involved newspaper, but we need your help. substantive programming alternatives does little in conDon't let a resource go to waste. To be apathetic and uninvolvtributing to excellence in legal education. ed is to have no Opinion. administration wishes to Your Opinion Has Value 2 Opinion September 18,1980 to campus-by-campus accounting procedures and more localized control of finances. Indirectly this new opinion may affect the funding of all multicampus groups that a school's challenge. In. NYPIRG's case, the SUNY-Buffalo administration has refused to release funds since March, maintaining that the organization had not filed the requisite accounting documents. Yet for the last three years, NYPIRG had filed a simple accounting form with their request for funds. This is the first year that NYPIRG's -funding has been challenged since 1976. Reaction to the legal opinion was swift. "Most S.A. presidents are going to spit at it," proclaimed Binghamton Student Government President Dave Wysnewski. He continued, "We'll battle them on it." « �Presidents Corner Cynicism, Apathy Cause Pierson's Resignation * by melanie k pierson course belongs in the curriculum. Now it has long been the dream of Dean Headrick and others to make this place into a prominentlaw school. To accomplish this, the Dean wants to cut out "bar review" type courses like New York Practice! Professor Kochery was well loved by students and well respected in the Buffalo legal community. When Professor Kochery died last spring, the Dean had his opportunity. Last spring, rumors abounded that there would be no New York Practice course offered this year. Students, of course," were scandalized and a flurry of petitions were circulated. The SBA held two open meetings to discuss the matter. These meetings were attended by less than a dozen students. Law students, it would seem, have time to sign their names to petitions but not time to come to meetings. To their credit, a few students, acting as an ad hoc committee, sent a memo to the Dean and the faculty, answering their <> This is my first column of the semester and my last as SBA president. I don't want anything to do with law school politics anymore. In three long months as president of this student body I have become a total cynic. The attitude around this place sucks. The New York Practice hassle Is the best current illustration of what I mean. From time immemorial the course had been taught by Professor Kochery, as a four credit course open only to seniors. Many seniors privately said the course was a waste of time, as easy a Q as you'll ever get, but 99% of the seniors took the course. It was the only course that made any real attempt to prepare seniors for the bar exam and for the actual practice of law. The Erie County Bar Association and the law school alumni both expressed the view that this was an essential course. With UB as the only state run law school in New York, it would seem that such a , SAVE $100 ENROLL BY OCTOBER 15 _rijBj .:::l|iii arguments against New York students .cannot carry a two Practice. The memo has thus credit course in their schedule far gone unanswered. and still graduate on time. The The issue suffered from the Dean will then, of course, be same problem that has able to point to the low enrollbefallen all issues students try ment and say, "See, the to organize around: the first students were only interested year students were too involvin the cheap credit and not the ed in getting a grip on law course content." When asked why the course school to organize politically and the third year students was going to be taught for two were already thinking of hours instead of four, Wallin themselves as alumni. The se- replied that no one on the cond year class was the only faculty could be found who class to organize and all wanted to teach the course for good second year students four hours. This is the same become third year students answer the Dean gave, when sooner or later. aSked why more minority When registration materials students couldn't be admitted: went out this summer, there "I can't find anyone on the was no mention of New York faculty to teach them." These Practice amongst them. remarks are indicative of both Students were given no infor- the administration's and the mation to plan future faculty's lack of respect for the schedules around. The latest students. This lack of respect is word, solicited from Registrar further indicated by actions Charles Wallin is that New like those of one professor who York Practice will be a two sent down a student lackey to credit course taught by a local indicate his displeasure with practitioner. The tvyp credit the SCATE booklet, rather than course most likely will not be writing a note himself or peras fully subscribed as it has sonally confronting the been in the past because many students his lackey was complaining of. At this point, a question comes to mind. Isn't it the job of a Dean, caught in such a situation, to direct someone to teach the course or hire someone who will? The irresponsibility of students is a problem the faculty and administration cite as reasons for the poor faculty/student relations that exist. The student body is now the victim of such irresponsibility. The treasurer and secretary of the SBA both did not return to school this fall and neither bothered to give the SBA any notice of that fact. As a result, the SBA budget is in shambles. The — • lift!-:::. budget was drawn up in several tense meetings at the end of last spring semester, meetings at which the treasurer presided and the secretary took notes. As it was the end of the semester and finals were upon us, no official written record was made of the budget decisions. Since these two people did not return, it is now the task of the newly elected SBA officers to wrestle with the budgetary problem. New elections will be held on September 22 and 23 to elect new officers and direc-tors of the SBA and new student members to the Faculty/Student Relations Board. I am not running for reelection because, as I have detailed above, the present situation and attitudes prevent me from being effective. However, only three or four people from last year's board are running again, so the new group can make of the organization what they please. If you have hope and about ten hours a week to devote to this organization, please don't hesitate to run. I wish you luck. . OPINION Open House TODAY v , Examlt i a couf* ~rri\nafV bar Te su\t *w Ra m extra° T^e pass the • ■ WuttW »* -mmmMMWam-- reps Larry Malfitano Debby Dacker • Norman Parratt ■ nAi// BUFFATjO brc Jean Walsh ' Jay Minteer Ed NorthvoOd Eiy«e Rubm Joy Kindrlck Larry Friedman iviiarinojosephson/BRC 71 broadway, 17th floor NEW YORK. NY 10006 , v — 4 9 Room 685 September 18,1980 Opinion 3 �Moot Court To Hold couraged. The Desmond pro- blem should be handed out during the week of September Open House The Moot Court Board will be sponsoring the 1980 Desmond Moot Court Competition to select new members. There will be an open house in the Moot Court Room from 9:00 to 5:00 on Tuesday, September 23. Please stop by for information about the competition and the Moot Court Board's other activities. Coffee and donuts will be served. All are invited to attend, though second year students who wish to compete are especially en- Placement .. cont'd, from page one Audrey points oui, many schools run their programs even earlier. So, by moving our timetable up, we gain a competitive edge we would otherwise needlessly forfeit. Last year the program was run as late as October 12. This year the initial NYC. program is being wrapped up by September 26. As to the program's success, the numbers seem to tell the story. Last year only 26 employers were interested enough to participate. This year the number has risen to 34; and that's just "so far." Audrey has left open the possibility that later on there may be room for additional NYC. interviews though for now the response has been so large that one prospective employer has even had to be turned down! That employer expressed interest in our program "too late," a fact mentioned by Audrey with some justifiable pride, albeit some regret. Another example of Placement's visible "tip" are the OnCampus Interviews. These interviews begin September 16 and include 32 prospective employers to date. By comparison, last year's total of OnCampus Interviews was just one more, 33. If, as Audrey expects, we do get more employers to participate this year, then both interview programs will have grown in size in and perhaps stature just the past year. And yet, again, this is only the visible tip of Placement's work. Placement also offers the batch submission program which does not necessarily entail interviews. Batch submission refers to those potential employers who merely request that U.B. law school have its students submit their resumes not to them, but to the Placement Office, instead. The Placement Office then submits en masse to such employer a copy of all interested students' resumes. This-may result in the employer contacting the students) in whom they are particularly interested. It is important, says Audrey, that the letters from these employers be responded to, since our response might keep -these employers coming back for more. That's one way upperclasspersons can help those who will soon follow in their footsteps. Placement also continues to — — — Opinion 4 29. Representing the law school in the National Moot Court Competition will be board members Michael Colnes, Pat Jayne and Paul Ricotta. This year the November competition will be held in Boston. The problem deals with whether a commodity account is a security and if there is a private right of action under the Commodities Futures Trading Act. Please watch for announcements if you would be interested in judging practice rounds for the Nationals team during October. work to get our graduates jobs even after they have left Buffalo. For instance, of last year's graduates, 86 people are now known to be employed in legal jobs and most of them are in traditional law-firm type jobs, 56 people are currently known to be still looking for their first full-time legally-related job, and roughly one hundred are out of touch and "presumed dead." Well, not really, but that is the helpless feeling they leave -Audrey and the Placement crew with when they fail to keep in touch. The Placement Office cannot force graduates to let Placement help them, after all. Should anyone be alarmed upon reading these figures, it should be noted that the numbers are not yet representative of the true employment prospects since the official Class of 1980 final report will not be ready until next February. With all the emphasis on these programs and the poor New Law Review Program by submission successful at other law ember 30 with thedrafts. The of the second schools. of the Review The program is set up in the editorial board vote on the form of a.competition. Second will then meet and selection as candidates. After year students enter the proby Associate the Editorial an topic submitting a gram by the proposal by September 15. A Board the student assumesand rights, duties, be same will of 20 maximum selected to continue on to the responsibilities as Associates through the competioutline stage. Outlines are due chosen the previous Spring. of tion a maximum September 29, and Throughout the various stages of 12 will be selected to proeditors, ceed to the writing of a first of the program, two Rosen, Mark Fahey and Mary J. draft, due October 27. Grades assisare not considered in any way. will offer full editorial to candidates. tance all The competition ends Novvery Mark Rosen The Buffalo Law Review is instituting this year a write-on program which will allow 2nd year students to become Associates on the Law Review by writing a publishable article. The program is designed both to encourage more student articles for the Review, and to reach good writers who, for a variety of reasons do not compete in the "traditional" Spring competition. Variations on this program have been employment market it seems to suggest, many students "are discouraged and, therefore, fail to aggressively seek employment in their chosen profession. Audrey urges everyone, whether or not they participate in the Placement Office's Interview programs, to remember that the firms and practitioners who can afford to participate, themselves, in these programs are rather limited. Moreover, not all lawyers who really want or need help are well versed in how to go about doing it intelligently. The market, Ms. Koscielniak claims, is - d/'sorganized. Students should "cultivate it themselves." And that brings us fuH circle back to the definition of how to approach the task of finding a legally-related job "intelligently." Do you need Placement? If you listen to Audrey, the answer is a qualified no. Placement is a valuable resource, and can be a sufficient aid in landing a job. But it is not necessary. What is necessary is knowing what to do. If you do not know what to do, and if you still do not utilize the aid of the Placement Office, then you are certainly not approaching the task intelligently Whether you approach the task of landing a legallyrelated job intelligently or not is your business. That thought Audrey Koscielniak is nothing new, for it has already been quite clearly stated by Audrey that the have put in the works a comresponsibility is the student's prehensive Handbook. The Handbook is currently in its alone. As for the future, Placement first-draft form and should plans at least more of the answer all your basic questions same. Additionally, Audrey, when it comes out late this SprPlace- ing or next year: Alan, Chris Moon This busy crew is also putAdministrative ment's who ting together their "first atSecretary, Sue Kellner "just left for the U.S. attorney's tempt" at a "comprehensive office, after doing a 'super bibliography of books directly job'," and Placement's three or indirectly related to job student assistants, veteran Sue searching." The Bibliography Sadinsky and "rookies" Anne will be ready "whenever PlaceDiFonzo and Diane Hinman, ment can get press time." — — SBA CANDIDATES loe Ruh My name is Joe Ruh and I am running for the office of First Year Director. For background purposes, I graduated from the Unviersity of Rochester in 1976 and spent the last four years in'thcNavy. It would be naive for any of us, after two weeks in law school, to rally behind any issue save perhaps overcrowding in some classrooms. In lieu of any issues, therefore, I wogld like to have your support for the following reasons: a I'm willing to spend the time required to represent us fairly. b. I'm easily approachable and eager to listen to your comments and criticisms. c. I've had a brief but informative prior career of working with and bureaucracy. around a As the issues develop, I will fairly and accurately present and defend your views to the right people. More important- ly, I will work for the idea that the Student Bar Association ought to spend as much time informing and listening to you as it does conducting its own internal affiars. Thank you, and I hope I can count on your support. Sylvia Fordice I, Sylvia Fordice, a first year minority student, September 18,1980 announce my candidacy for Student Bar Association Director. It is my belief that first year students must be well informed on all issues which might affect our future jn this institution. The SBA is the best mechanism by which to accomplish this goal of keeping aware of issues and changes within the law school. A significant duty of the SBA is the allocation of funds to law school organizations on the basis of demonstrated need and past performance. I feel, therefore, that my MBA degree in Finance and my work experiences in setting budgets and controlling and analyzing costs to budget will assist me in making sound business decisions that will benefit all students. Additional skills acquired during my employment with a Fortune 500 company include purchasing, personnel, and planning, all of which will enhance my effectiveness. As an SBA Director, I will strive to keep the first year students informed of all matters relevant to our welfare. Rick Roberts and Diane M. LaValle We are running for the offices of First Year Directors of the Student Bar Association and we'd like to take this time to tell you about ourselves. Law school should be more than endless hours of Torts, Contracts, and so forth. We'd like to make it more interesting and, yes, maybe fun, too! We've both had much experience organizing ILS Elects New Board by R.W. Peters successful activities. As StudentActivities Coordinator and Finance Committee Member, Rick has dealt with the needs of many diverse organizations. Diane has planned numerous activities as Resident Advisor and in other capacities. Having attended UB as an undergrad, she knows the school well and can obviously put up with anything! We are committed (and probably should be) to putting both time and effort into this job. Wiping highlighter off your hands doesn't have to be your only source of stimulation! Please vote! Marc Canz Let me be serious for a second now that that's over with, I want to announce my candidacy for SBA Treasurer's position. Ganz's the name; moneys the game. Just remember, a vote for me is better than no vote at all! Thanks for your support. Please Vote! The International Law Society has elected a new executive board. The elections, held last April, have placed Cheryl Oseekey as the new president of the organization. Also elected to the board were R.W. Peters, Treasurer; Alex McQuistbn, Secretary; and Frank Scifo and Caitlin McCormick as Vice-Presidents. The Society is an activist group, being involved in a large range of Law School activities. The ILS supervises the Jessup and Niagara Moot Court Competitions, both of which deal with a qdestion of International Law. This ILS also conducts a placement seminar for those seeking a career in the International Law field. The group is currently attempting to locate grants and other sources of funding for summer programs and internships. The start-up of an International Law journal is also be- discussed. The ILS advisor is Professor ing Leary. Those interested in the Society should attend its first organizational meeting, or contact a member of the board. The ILS office is in Room 604, O'Brian Hall. Virginia �MX Missle: Inevitable Reality Or Needed Boon? Reprinted with permission from Congress Watcher. by Jon Motl The MX, or Missile Experimental, will be the largest project in the history of mankind. It will be larger than the Great Wall, the Pyramids/ or the Panama Canal. It will require twice the cement that was needed for the Hoover Dam, and as originally planned, it will result in the construction of a road system that is the equivalent ofone-fourth the entire U.S. interstate system. All in all itis a vast undertak- "Youll bye it. Sign here." Reprinted with permission from the Desert News, Salt Lake City, Utah. ing. The MX is the new intercontinental ballistic missile being considered for placement in the Utah/Nevada Great Basin region. The MX is a large missile able to carry ten nuclear warheads to pre-programmed targets. Presently plans call for hiding 200 of these MX missiles in 4,600 shelters spread throughout the desert valleys of Utah and Nevada. The entire project will entail using 54,000 square miles, an area equal to the state of Georgia. The MX will draw vast amounts of money out of the productive economy into an end product that will, hopefully, never be used. It will also bring another boom and bust development into Nevada and _ Utah. The project was officially projected to cost $34 billion, but the General Accounting Office in Washington has said inflation alone will push costs to $56 billion. Others have estimated that it may reach $90 billion. What does that boil down to for the taxpayer? Over the ten-year period of the project, it will cost each person in the United States at least $300. In January, 1980, State Senator Frances Farley stood before her colleagues at the Utah legislature and with a sense of drama unusual in Utah unveiled a map showing vast portions of Nevada arid Utah covered with hundreds of finely drawn peanut-shaped loops. The map had been obtained, with much difficulty from the Air Force, requiring a Freedom of Information claim and help from a reporter friend. Each loop, Farley explained, represented one of the 200 proposed MX missile sites. "The Senators were stunned," Farley said. "It was the first clear picture many of ''us had of the site of the MX Project. Literally every flat place was covered with MX loops. Nothing was left but mountains and missiles the valleys were all gone. No one had expected anything that massive." Farley was one of the early critics of the MX in Utah, a conservative state whose populace showed a 70 percent support level of the MX in initial polls. Throughout this past year, however, MX support plummeted until recent polls showed Farley's position had been adopted by a majority of the Utahns and Nevadans. In contrast to the normally sedate nature of western politics, the response to the MX missiles has been anything but usual. Packed hearing rooms, detailed questioning of Air Force officials and letters to the editor have been commonplace in Nevada and Utah. The cause for all this excitement is clear. While polls show that a majority of Utahns and Nevadans now oppose the MX project, the same polls also show support for an increased defense spending and even support for a missile that would not resemble the vast, mobile land-based MX pro- — posal. It is apparent that the resistance is not to the overall concept of a larger defense through a better missile but simply to the specific MX project. Project Easily Criticized The sheer size of the project cannot alone explain the multitude of citizens who have criticized the MX. Even the Air Force's strategic justification for the project doesn't hold up. It can be argued that the MX isn't needed, won't work, and will harm the western environment while speeding up the arms race. The MX project is scheduled to be completed by 1989. As might be expected many who live in the MX area are concerned about the immediate effect of the project on their lives. Ranchers and farmers who may compete with the Air Force for scarce Great Basin.water are concerned that the project will lock them out. Likewise, rural Westerners see the influx of people and money from the MX project as the end of their present lifestyles. Finally, environmentalists such as Nevada's Rose Strickland believes the project would be an unparalleled socio environmental disaster. "The MX will sound the death knell of wide open spaces, untouched valleys and Great Basin mountains," said Strickland. Now joining the MX opponents in their fight are a growing number of policy ex- Forum Presents McNamara The Distinguished Visitors Forum will present Jim McNarnara, a Columbus, Ohio NLG attorney and active member of the Greensboro Justice Fund and of Those United to Fight Facism (T.U.F.F.) on Monday, September 22,1980 at 8:00 pm at the law school (room to be announced). McNarnara will lead a slide and video tape presentation of the tragic murder of 5 Communist Worker Party members by Klu KluvKlansmen in Greensboro, North Carolina on November 3, 1979. Watching the films is an overwhelmingly moving and unforgettable experience which should not be missed. Immediately following this event the Buffalo chapter of the National Lawyers Guild will hold its first general open meeting for new and potential members. The roles of the chapter and its various committees will be discussed. These committees include: Anti-Sexism Committee Affirmative Action Committee Labor Committee Public Relations Committee Prison Task Force Anti-Draft Committee Community Law School Active participation in the National Lawyers Guild provides students with a political and legal experience the law school curriculum sorely neglects. The entire law school community is encouraged to attend Guild meetings and to join the Guild, although membership is not a prerequisite to participation in the work of Guild committees. - perts, scientists arid political analysts who believe the strategic underpinning of the project is itself a flawed concept. Heavy weight military authority General Maxwell Taylor, former chairman of the Joint Chiefs of Staff, has publicly questioned the need for MX. Dr. Richard Garwin, one of America's leading defense analysts, believes the MX cost will be too great a burden on the overall defense program while deploying a system that "is not in step with . technology. " It is symptomatic of the conceptual weakness of the MX that Critics have been able to develop several alternative plans, such as the deployment of missiles on small submarines. — Citizens Are Organizing Others Believe the MX In- evitable Despite the strong forces of opposition, many Utahns and Nevadans believe in the MX. John Wellinghoff, a Nevada Lawyer and Board member of Citizen Alert (a group opposed to the MX), attributes this support to the influence of the attitudes of Utah and Nevada political leaders, who, with few exceptions, seem to be working for the MX and against the citizens. As one might expect, the MX issue is writing a new chapter of western citizen activism. In Utah and Nevada, several new citizen groups have pooled their energy and funds to work against the MX. As western citizens have struggled to wield their antiMX majority in an effective citizen voice, national groups such as Friends of the Earth and the Sierra Club have debated whether to use their already organized voice against the MX. Steve Wheeler of Friends of the Earth (FOE), a national environmental group, said, "For us, it was primarily a matter of deciding to oppose the MX on environmental and land use grounds." For other groups, such as SANE, a national anti-nuclear weapon group, the decision was an obvious one. At this timeSANE and FOE have been joined by 20 additional church and citizen groups. So Far the MX Proponents Have Won Battles Given the large organizing tasks and short time periods at both the local and national levels, it is not surprising that MX proponents have won the early congressional battles. Still, the early MX victories have not been decisive (all involved planning or development issues) with the major land withdrawal and construction funding debates yet to come. Major MX issues have not yet been decided. Utah State Senator Farley offers a hard-nosed assessment of citizen self-interest in the MX. "We in Utah and Nevada have no choice. We have to fight the MX because we're here and the MX is coming into our homes. I can only hope that people elsewhere are wise enough to see it is their fight too and care enough to lobby their Member of Congress." )on Motl is an organizer for Ralph Nader in the Rocky Mountain West. He can be reached at (406) 542-2090. Funds For Legal Jobs The Buffalo Public Interest Law Program, Inc. was founded two years ago as a means to fund summer jobs for students interested in public interest law in the Buffalo area. Students, faculty and administration made donations to fund the positions. In addition SBA funded one position each of the past two summers. This year third year student Francine Bruno worked at Legal Services for the Elderly, David Nelson, a second year student worked at Prisoners Legal Services and third year student, K.C. Edgell, worked at Protection and Advocacy Services for the Developmental ly Disabled. All persons who made pledges this spring will be contacted or may leave a check payable to the Buffalo Public Interest Law Program, Inc., in Room 605. Additional contributions are welcome. September 18,1980 Opinion 5 �Convention Notebook: The Democrats At The Garden Buffalo Law Student Goes Elephant Hunting calls from the podium that he Reagan, particularly the advance text of his speech, he tions, as with that of Dellums former governor's dumb comwill declare that his intention last night, is merely to allow announce his state's vote. MONDAY: As I begin this York Carter ments like of is "Eighty percent merely to speak and not to these people to have their say. The New by Alan Beckoff journal, the debate on rule F(3Xc) is under way. Each side delegates stage a demonstra- tion. Chairman-Tip O'Neill, reis pontificating on the theme quests that "the home state's of its position, freedom for the delegation please have the delegates versus fairness to the courtesy to vote." Ohrenstein primary voters, without begs forgiveness, saying that he touching upon real motives is having some troublewith the behind this fight. The leaders tabulations (I wonder why Alaska, which voted 6-8/17 for of the open convention movement are Kennedy supporters and 4-9/17 against, had no difwho are making a last ditch ef- ficulty answering the first call.) fort to keep his candidacy After 15 minutes, Ohrenstein alive. In the last few days they announces the vote (.163 for, have been joined by Demo- 118 against, 1 abstention) to a crats seeking an alternative to chorus of boos, cheers, yawns, Carter in the wake of "Billyand sighs of relief. gate." The President's supMorris Udall, Carter's porters, on the other hand, are closest rival in 1976, gives a obviously concerned about the folksy keynote speech to a possibility, and as of late, the near empty arena. Udall, in probability that Carter will what promises to be the theme lose the nomination if the of this convention, damns delegates he won in the spring Reagan more than he praises are not bound to him. In 1976, Carter. Incidentally, I am now Jimmy Carter went into the sitting in the Railroad Press convention with a delegate Lounge, which four televimajorityand without this rule, sion monitors: CBS, ABC, NBC, as did Ronald Reagan this past and Ted Turner's Cable News Network. Don Postles just July. F(3Xc), briefly, requires that walked by. I set forth to look if a delegate does not vote for for Irv Weinstein. the candidate he supported six months earlier, he will prompt* * * * ly be given two tickets to "Annie" or bumped off, depending TUESDAY: If a platform is on his degree of obstinacy. The really the party's contract with rule was designed to be a the people, as the Democrats triumph of reform politics over always claim, we should sue the old days of the smokefor breach. What could their filled room, but in operation it defense be? Mental incapaciallows a desperate candidate ty? to keep his party from repudKennedy is due to speak iating him. In fact, Carter's soon on the platform minority operatives (led by Bob Strauss report. There are lots of Kenand Hamilton Jordan) are in a nedy posters in evidence; in smoke-filled trailer just off the fact, I see no Carter parapherconvention floor making nalia at all. And the mere menphone calls to waivering tion of Carter's name by delegates. tonight's speakers causes the The roll call vote on whether hall to break out in boos and to dispense with the rule comcatcalls. My guess is that mences. California passes. So Carter's people, in their limited does Illinois. Then New Jersey, benevolence, gave out extra New York, Pennsylvania, and passes to Kennedy supporters. Texas. None of these large When Kennedy is finally instates, most having Kennedy troduced the crowd goes abmajorities, wants to be the one solutely wild. The place is a to hand Carter this victory. On sea (or field pick your second call California, Illinois, favorite metaphor) of waving New Jersey and Pennsylvania blue Kennedy placards and the (which put "Nay" over the top) band is belting out non-stop give in. Texas finally yotes. But refrains of "McNamara's State Senate Minority Leader Band." As will no doubt be Manfred Ohrenstein, a Kensaid before this journal sees nedy delegate and colight, Kennedy's speech was a chairman of New York's classic performance. But like delegation, ignores repeated Udall, he concentrated on air pollution comes from plants and trees." Tip's Rules of Order bring the platform debate to a quick close. The idea is to rush passage of the minority planks in order to appease the opposition and keep things moving. Like the Republicans, the Democrats inserted a loyalty plank into their platform. While the Republicans called for the appointment of judges who "respect traditional family values and the sanctity of innocent human life," the Democrats' policy is to withhold party money from any candidate who does not support the Equal Rights Amendment. When the lights came back on after the Humphrey film, all the traces of Kennedy blue had vanished and the arena was again filled with Carter green. These Georgians may not know much about'running a government, but they sure are professional when it comes to conventions. — New Professor cont'd, from page one teresting than practice. Among the subjects he has taught at Gonzaga are UCC Articles 11, ... goal, he said, is to guide his students meticulously,'step by step, through these formidable 111, IV, and IX, Consumer intricacies. He wants to strike a Credit,. Consumer Protection, balance in his teaching for the and Contracts. two groups of students he That Tom Crandall "loves perceives in his classes, "those teaching" is evident from his who think of commercial law demeanor. He seems to be hav- as a distinct discipline, a ing fun even while discussing specialty, and those who hope the duller aspect of a case in they never see it in practice but are taking the courses just class. He said "I spend at least in case." 50% of my class preparation His technique seems to be time, if not more, merely working. The Gonzaga Law organizing." He said that he students elected him Most vividly remembers facing enorDistinguished Teacher in 1979. mously complicated statutes Professor Crandall is surely a as a law student, and experien- welcome addition to the Law cing that feeling of floundering faculty, albeit for a short time. in so much mush. His main Opinion 6 September 18,1980 **** WEDNESDAY: For a study of "time, place, and manner" in action, I walked by the Eighth Avenue Post Office across the street form the Garden. Every conceivable interest group anti-abortion, pro-choice, free Cuba, no nukes, anti-draft, gays, save the whales was on hand, assembled more or less peaceably behind police barricades. Permits had been required long in advance. Only the Communist Workers Party members were getting somewhat ornery, and a small fight with the police did ensue. Given the outcome of Monday's rule fight, tonight promises no excitement. However, a friend of mine who belongs to a Brooklyn political club passed along a rumor of a mass — — • by Kennedy delegates. I think the Carter people will avoid such. a scene by making sure Kennedy's parto their tisans remain bound walkout — seek votes, and will warn against moving to the right as the way to combat Reagan. That Dellums is being nominated by the chairman of the Congressional Black Caucus is strong evidence of black disaffection with Carter. "The Star Spangled Banner" is gloriously mangled by Willie Nelson, who, by changing some words around and cutting out several lines altogether, gives an awful anthem the rendition it so justly deserves. After * Dellums' speech I to the press lounge. When Coretta Scott King was introduced to second Carter's nomination, ABC, NBC, and CNN stayed with her. CBS cut to a Polaroid commercial. I came back upstairs to find the TV monitoring crew behind the podium watching "Casablanca" on a local station. The roll call vote proceeded as usual, with each "great" state giving its Chamber of Commerce speech before announcing its vote. Arkansas, the District 'of Columbia, Florida, and Minnesota pass. One delegate from uklahoma voted for Governor Carey. Nineteen South Dakotans voted for George McGovern. After all the music and demonstrations celebrating the Carter victory, Lieutenant Governor Thomas P. O'Neill, Jr., of Massachusetts announced tht Kennedy wanted his home state to move for acclaimation. From the podium, the elder O'Neill called out, "All those voting 'Aye'?" When the response came back, O'Neill declared, "The 'Ayes' have it!" I suppose in all the excitement he just plain forgot to ask whether anyone was. voting went "Nay". * * * * THURSDAY: Before getting down to Mondale, the names of Patricia Simon and Melvin Boozer are placed in nomination. Simon is taking the antiRonald Dellums, a black war position used by Ron Congressman from California, Kovic in 1976, and Boozer is is to have his name placed in representing the gays. The purnomination. According to the pose of thse token nomina- chairs. They rarely draw any votes, and as the roll call is now proceeding, token votes are going instead to an assortment of favorite sons and daughters. After Mondale's speech, which was at its best when he parodied the rhetorical question device employed frequently by the Republicans in Detroit, the film salutjng Carter and the party came on. During the first half, in which Carter is portrayed as having the best qualities of all of his predecessors, the crowd cheers wildly for the traditional FDR, Democratic heroes Truman, Johnson, and JFK. But to give you an idea of just how partisan these people are, they boo Eisenhower and, this is relly tacky, Abraham Lincoln. The part on Carter completely lacks the wit of the 1976 film, which included many of that year's political cartoons. Here is The President, the man single-handedly responsible for the affairs of the world. The narrator concludes "Ladies and gentlemen, The President of the United States." Carter emerges into a spotlight to the strains of "Hail to the Chief." The party seal on the podium has been replaced by the presidential seal. I am moved to nausea. Carter's speech is rambling and generally uninspiring. Some firecrackers set off by a CWP member (who was quickly hustled out in a headlock) startled him, causing him to praise "Hubert Horatio Hornblower!" When he mentioned draft registration, he was greeted with a loud chorus of boos, which were quickly drowned out by louder cheers. It is ironic how Carter brags about increasing defense spending while Reagan quotes FDR. The reception for Carter was downright tepid compared to the boom for Kennedy when he appeared on the podium. The two former rivals greet each other warily. As the balloons trickle down from the ceiling because the nets failed to completely open, it is difficult on this night to tell who the true victor is, whose ox has been gored, or, I should'say, whose ass has been whipped. . — Call For Proposals Proposals for activities to enhance University life are being sought by the Student Activities Steering Committee, which has been allocated $25,000 by the Faculty-Student Association to fund approved grants which cannot normally be funded through other sources. Any member of the University community may submit a proposal with a budget estimate to: Student Activities Steering Committee c/o Student Affairs 542 Capen Hall Telephone: 636-2982 Proposals may be submitted on forms available at that office or in the form of a letter. Submissions should include the name of the proposing individual or organization (with a person to contact), and a detailed estimate of expenses. After initial screening, proposers of projects being considered will be invited to meet with the committee to discuss their requests for funding. The committee seeks creative responses to University-needs which will benefit a substantial segmentof the student population and the University comv ' munity. Deadline tor receipt of applications is October 15,1980. �Peperone's Pigskin Preview Predictions by Joe Peperone George Brett is closing in on .400, Baltimore is closing in on the Yanks, and Fergie Jenkins is closing in on a 5-10 year term in the Toronto Penitentiary. Such is the state of major league baseball as the 1980 season draws to a close. I'm pleased to remind everyone that my baseball predictions of last April are, for the most part, working out pretty well. Of my four first place picks, Montreal and the Yanks are leading their divisions, Houston is battling LA. in the N.L. West, and California is only 34 games out. Drunk with success, I'm going to dust off the ol' crystal ball once again and try to predict the divisional races in the National Football League. Since each team has played one game as of the writing of this column, I admit I am cheating a bit. However, for at least one team, the result of the first game will have a large impact on the rest of their season. The team I'm referring to is the Buffalo Bills. Their win last week against the Miami Dolphins was-not just another win. The victory, and just as important, how it was achieved (two touchdowns in the last four minutes), may be worth over the course of the year. The reason I say this is because football, like most sports, is a very psychological game. I believe thai football, because of its "short" schedule and week-long gaps between games, is even more so. For a team to believe in itself may in part make up for the talent it lacks when matched up against what might otherwise be regarded as a better team. The Bills lost to Miami on opening day last year on the last play of the game, extending Miami's decade long mastery over the Bills, and perhaps setting the tone for last year's 7-9 record. With a 1980 attitude of "we can," it may make the race in the American Conference East quite interesting. England should win the division title. Steve Grogan may have his bad days, and the Pats will invariably lose to a few teams-they shouldn't, but the team is fundamentally strong and has no major weaknesses. Miami was picked by many .to either win the division or come in a strong second, but judging from their opening performance, they have a lot of holes to patch up. Their o f,f ,cn s i v c line is mediocre at best, and Bob Griese is beginning to show his age. They will have to improve fast to keep ahead pf the Bills and the Jets. Before the Dolphingame, I though the Bills had a good chance to go at least 8-8 this year; now I'm sure of it. In fact, I'm going to predict 10-6 and settle for 9-7. If Joe Cribbs plays as he has so far, and the defense stays healthy, the Bills should be in the playoff fight right up to the last game of the season, IF they can avoid beating themselves. The- Jets' offense is exNew plosive, but their defense is erratic. Richard Todd, Wesley Walker and Company are most effective when the Jets aren't forced into passing situations. Thus, if the defense keeps the game close, the Jets passing attack should win its share of games; if they're forced to play catch-up, though, they may have problems: 8-8 seems reasonable. Baltimore should be secure knowing that, with a healthy Bert Jones, they are, the best last-place team in football. Without him, they're in big trouble. Certain Pittsburgh Steelers, such as Joe Greene, wear all four of their Super Bowl rings on one hand, thus the slogan, "One for the thumb in '81". They should get it. With the possible exception of quarterback, they have quality backups at every position, and are a good bet to go all the way. Houston is an improved team with Ken Stabler They are probably the second best team in the whole N.F.L., next to the Steelers, but they'll have to settle for bridesmaid status again. Cleveland should finish third, with Cincinnatti bringing up the rear. The American Conference West should be closest divisional race with any team capable of winning it. If Fouts can come close to his recordsetting performance of last year, San Diego should repeat. If he doesn't, watch out for Oakland. In the National Conference West, Philly should overtake the Cowboys and the Redskins for the division crown. W Ron Jaworski stays hot, as he has through tne preseason and the first game, the Eagles should make it to the Super Bowl. The Giants and the Cardinals will fight out for both respectability and fourth place, with the Giants having the best shot. The world keeps waiting for the Bears to have their big year, and off their performance against the Packers, they still may be waiting by December. The Bears' passing attack has to take the heat off Payton for"' the team to go anywhere. The Vikings should sneak in to win the Central division with a 10-6 record at best. The Lions may also pass the Bears, if • Simms and Danielson stay healthy. As for the Packers, I originally had them for 1-15, but since they ' beat the Bears, L'll up it to 2-14. The only advice I can give them is to move north to the Canadian League, where they may have a chance to play ! ■' .500 ball. In the National Conference West, the team to win more games than it loses will win the division. Considering the teams involved, that may not be easy. I'll blame the Rams loss to the Lions on the fact that their defensive holdouts weren't in shape and pick LA. to win in a yawner again, with New Orleans the dark horse. None of the above is guaranteed and I'll deny everything. Comments and/or suggestions for future columns will be much appreciated. Oh yeah, I hope the Yankees choke. Loophole© by hal mafchow Record Rack Newest Superstar Releases McCartneys Worst, Diana's Best by Michael Rosenthal — Rolling Stones v Emotional Rescue As fine an album as their last album, Some Girls, which made the Stones a group to reckon with all over again, Emotional Rescue shows that the Stones can stay on the top of the rock pile for as long as they want to. In their fifteenth year of regularly hitting home runs, the Stones don't strike out anywhere on this album. Their influences are still wide and sundry with blues, reggae, disco and new wave all affecting the music on this record in various degrees. While the big hit is the title cut, the most envigorating spirited song on the album is easily She's So Cold. Jagger obviously had a lot of fuh with this cut and his enjoyment carries over. A close second in spirit is Where The Boys Go. As always, what works most for the Stones is whatever they do, even J agger's mock Barry-Gibbfalsetto on the title cut, the stamp of the Stones keeps shining through. Paul McCartney McCartney II — Apparently made as quickly and with as little thought or heart behind it as the first Wings album, Wild Life, this album shows that McCartney is- now -oblivious to the necessities of good music. Sad position for so talented an artist. McCartney sacrifices melody for gimmick, and lyrics for child rhyming. While Back To The Egg was not a particularly outstanding album, it at least had its moments. McCartney II is almost completely devoid of moments. There is barely a song present, and the pieces of songs thrown together just do not jell. Coming Up was overplayed and undeservedly so. Waterfalls, the only other song of note is missing something. In short, this album is a disaster. Jackson Browne HoldOut ' — The happiest, most accessible album that Browne has ever made never gets too somber or downbeat to mar it as many of Browne's past works have been. Disco Apocalypse and Hold On Hold Out, the first and last cuts on the album respectively, are the most powerful. When Browne begins to speak at the end of the latter song the album is worked up to such a climax that it just about explodes. This album proves most assuredly that Browne can be a top notch writer and performer without being an unhappy one. Where are cuts like Tired of Waiting? Well Respected Man? Anything from Sleepwalker' More from Misfits? There was so much potential here, but the potential wasn't nearly met. Queen — The Game A stronger album than they have made in a long time. The Game still has, like most Queen albums, a patchwork quality with so many dissimilar styles lying side by side that it does not really work. Here there is fifties music, in the shape of Crazy Little Thing Called Love, disco/rap influenced music in the shape of Another One Bites The Dust, and more typical grandiose fully arranged, produced and orchestrated Queen music in the shape of Play The Game and Save Me. However 7Queen is The Kinks not afraid to grow and change One For The Road to meet changing tastes, but, once again, the parts are much The Kinks are now receiving better than the whole. Queen a lot of long deserved acclaim. has not yet learned how to After all, they have been make an album that works as a together for fifteen years now whole. and turning out some of the more intelligently written rock Diana Ross y for most of that period. On Diana Low Budget and Misfits, their By all rights, this album most recent studio albums, the Kjnks showcased their fine- should not have worked. It is tuned ability to rock and disco music written and prolaugh, to examine and dissect, duced by a group past its to be original and popular prime. Nevertheless, Chic has simultaneously. However One given Ross better material than For The Road fails. While it they have ever given covers some of their early hits themselves and Ross responds and a fair portion of their by giving her most involved, history, the album leaves put spirited, heartf il led, sincere far too many of their classics performance in years. What and concentrates top heavily she did on the song The Boss on Low Budget. Six songs from epitomizes this whole album. Low Budget are included (more She pushes her abilities to new thanhalf of that album) and all peaks, and enjoys dqing so. of this album's third side is so More importantly, she doesn't let herself get smothered by derived. If this were a complete concert this might be the members of Chic. Ross understandable, but this is a shines through on each and every cut and turns out the patchwork live album, recorded in seven different cities. finest albumof her solo career. — — September 18,1980 Opinion 7 �BAR/BRI •EARLY- ENROLUvIEMT- DISCOUNT- I y°u register early for BAR/BRl's 1981 II Wnen New York, New Jersey, Massachusetts ■ A ■ I ■ M v I or Pennsylvania bar review. I You get your materials—NOW I Your "early bird" lectures-NOW I And the nation's largest and most successful bar review course and you save $100 off the current course price. day to save the your Ends: October AmW ■ ■ mmm (bmibn^ mMmf^m^mmW^ , 401 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 ,—. 1214 One East Perm Square Building Philadelphia, Pennsylvania 19107 215/563-4988 -r- Student Representatives: Doric H. Benesh Therese Rahill ReneeLapides Francine Bruno Warren ■ ~..'loan -I I II I ■ 29 Commonwealth Avenue Boston, Massachusetts 02116 617/261-2430 until November 20,1980; thereafter 617/437-1171 ; Carl* Gersten Leslie Wolife Michael Chakansky Rosemary Gallick Erik Lindane* •■-. Marlin Israelson , Paul Winston Ellis Jay Patricia Jayne . Lew Rose « ' Si"** J?*^"' „ f" D , V „.L^, , 82ZWL hri,topl r R ed .. * ? l Mark Suzumoto � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-09-18 Alternative Title An alternative name for the resource. 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She saw and a year of teaching conher roaming as a "form of tracts at where she stayed for two semesters. She finished at the New School for Social Research in New York City. Because there was a shortage of teachers at the time, Cornell University offered Mensch a stipend which she quickly accepted to study for her certification and to receive an the University of rebellion." After spending two M.A.T. .« years at Reed College in Upon graduation, Mensch Portland, Oregon, Mensch con- remained in Ithaca to be with Mensch* moved to two dif- tinued her college education her husband, a Professor of Arferent states to further her studying English and History at cont'd, on page eight career, but traveling is nothing the University of Wisconsin, Miami. Over a two-year span, Opinion Non-profit Organization US Postage PAID Buffalo. New York Permit No. 708 hoto by Guy Yon Mtn " Professor Elizabeth Mensch Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only'the apathetic have no opinipp ..." October 2,1980 , State University of New York at Buffalo School of Law Volume 21, Number 2 NY Practice: Headrick and Students Respond by Edward M. Sinker Dean Thomas Headrick indicated that he is busy putting together a New York Practice course for the upcoming spring semester. Headrick said the course would definitely be (ess than four credits and he personally preferred a two-credit offering. The course will be taught by, as yet, an undetermined person not presently on the faculty. In a July memo to faculty members, Headrick maintained "students have some . legitimate claim to an elective course that will equip them specifically in the more complex aspects of CPLR practice." Headrick emphasized, however, his long-range goal of incorporating into a "Civil Procedure sequence" those areas of the CPLR which depart from Federal Practice. "A massproduced New York Practice course," stressed Headrick, "has some built-in limitations that make it second-class education no matter how hard the faculty member works at "much is up in the air at this Headrick supported offering point," said Headrick. two sections of Civil Procedure Meanwhile, on September for 1980-81 encouraging some 16th. a group of about 75 use of the CPLR in them and students gathered to organize twotwo or three sections of a what Melanie Pierson and Nancredit New York Practice cy Caple referred to as, "a course which heavily emmeeting to update the school phasizes pre-trial simulation about the plot to eradicate exercises of drafting and New York Practice." arguments, focuses on special Pierson berated the twoaspects of the CPLR and is taught by part-time instructors credit proposal as part of "the in the evening. Enrollment will Dean's long-range goal of getbe limited to fifty students per ting rid of New York Practice." section. However, these are "People will not take a twopreliminary proposals and credit coiirse," added Nancy it." Caple, " and then the Dean will look to the small enrollment to justify dropping the course." Pierson said Headrick asked faculty members to teach the course, but no one volunteered. "If Del Cotto went to the Dean," asked Pierson rhetorically, "and said he didn't want to teach tax; what would the Dean say?" The meeting ended with the formation of groups directed to talk with faculty, alumni and' community leaders in Western New York Emergency Loan Program Providing Financial Assistance number of students receiving NDSL loans and the inability of by Edward M. Sinker After several years of discussion and many months of negotiation, the law school has instituted an Emergency Loan Program (ELP) which will provide short-term loans to students whose loan checks have been delayed in processing. According to Law School Financial Aid Assistant Jay Marlin, who was the catalyst and principal author of the program, university officials are looking at the Law School program to see whether it could be a model for the rest of the University. Last Spring, ELP was finally approved by the Student Bar Association and Dean Thomas Headrick. As stated in the memorandum outlining the program, "it is designed to provide for short-term emergency loans of no more than $200 to students who through no fault of their own have had either their New the loan-dispensing system in Albany to deal with such an in- crease. "The straw which broke the camel's back and made it clear that there had to be something done was the breakdown in the dispensing of NDSL checks last spring. Instead of receiving the NDSL "spring check in February, many students did not get their check until late March or early April," said Merlin. "Students had literally run out of money by the middle of March. The system was screwing up; everyone acknowledg- ed it, but no one could do Students wait on long lines to fix financial woes York State loan checks or National Direct Student loan checks delayed in processing." There were two major events last year which galvanized administrative action towards the creation of an pnoto fry Quy \/an Baalen which greatly enhanced its atemergency loan program. to middle class First, there was a large in- tractiveness families. number of crease in the Second, the National Direct students who applied for a Loan (NDSL) system 'Student infederally New York State under the sured loan. This was attributed almost collapsed increasing large of weight an program to changes in the loan anything about it. The situation was .intolerable," explain- ed the financial aid assistant, who is also a third-year law student. In an inter-office memo to Dean Headrick and other administration officials in March cont'd on page four �Vol. 21, No. 2 OpiniOn October 2,1980; Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Business Manager: Marc Ganz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano Staff: Doric Benesh, J.oe Peperone, Alan Beckoff, Melanie Pierson. Dean's Prompt Reply Urged To the Editor: The date on the memo indicates the amount of time which has elapsed with no reply to the students from Dean Headrick and the faculty. The members of the Ad Hoc Committee had hoped an answer settling the New York Practice issue would be forthcoming in the summer registration packets. Unfortunately, all that exists at this point are rumors of the fate and future of New York Practice. Rumors cannot be registered for or ad- NYCPLR in the Federal Prac-' tice courses with a supplemental course offered in the form of a limited practicum would be either adequate or academically sound. We recommend that a NY Practice course be taught each semester and open to the 2nd and 3rd year classes for the reasons stated in the memo. We urge all law students to lobby for such a curriculum. Nancy L. Caple on behalf of the Ad Hoc Committee Members that highlighting ded and dropped in the coming semester. In order to dispel the confusion now rampant in the law school, we ask the Dean and faculty for a concrete reply to the students in writing as soon as possible. The Ad Hoc Committee would like to clarify the fact that our endorsement in the memo of the Dean's proposals for teaching NYCPLR in the future was made in the spirit of compromise to elicit cooperation. We do not personally believe Contributors: Peter Bergenstock, Winston Ellis, Laurie Gross, David Schwartz | © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Ba len Van Editorial Guy SBA Election Invalidators Demonstrate Lack of Insight Five of nine SBA directors voted last week to defer validation of the SBA election pending a "student-body wide referendum." Instead of giving the new directors a mandate to serve the student body, five of the outgoing directors chose to elevate procedure over substance by refusing to validate the election on a mere constitutional technicality requiring that elections be held "within ten (10) class days of Labor Day" These five members have given meaning to the connotations "bureaucrat" and "hack." Unable to see the forest because of the trees, these five members have embarassed the law school by scheduling an election and then failing to validate the results of their own decision to hold an election. The "fickle five" should be castigated for their general lack of insight, as their worship for rules has no place in a crisis-ridden student government which is struggling for its very existence. The SBA, in essence, has irresponsibly neglected its duty to represent the student by passing back the buck in the form of a student-wide referendum. What logic is there in having the students validate an election in which all candidates ran unopposed? The era of bureaucracy must end. Students are tired of waiting for the SBA to act, only to find the year has once again ended without any significant efforts extended by their student government. So let us get on with the work at hand and not be troubled by the small trivialities which concern only small minds. To the "fickle five", Godspeed your departure from SBA. To the new incoming officers, we extend to all of you best wishes in your respectful endeavor to clean up the mess which your predecessors have left behind. by photo Nancy Caple From (I) to (r): Terri Rahill, Peggy Fabric, Jay Baum, and Students Demand CPLR Course Report of Ad Hoc Committee From: Nancy Caple, Peggy Fabic, Terri Rahill, Jay Baum An'Ad Hoc Committee of the Class of 1981 — Subject: New York Practice Date: May 23, 1980 Following is a summary of discussion with Dean Headrick and Mr. Greiner on April 29, 1980. We feel the meeting was a fruitful and worthwhile discussion of the student and administration views on teaching New York Practice jn the future. In response to the Dean's suggestion, we have drafted this proposal to address the problems and possible solutions for revamping this section of the Law School curriculum. The general consensus at the meeting was that the New York Practice course should be revised. The course as previously taught does not our fulfill - a^^^^^^™^^^^^^^ photo by Guy Van Baalen The Opinion Open House is over and all who attended had a fine time. The party, however, never ends in the Opinion office, so feel free to stop by. Page two Opinion October 2,1980 the . current ad- ministrative goals regarding the Law School's academic program. However, third year students feel they need and want exposure to the New York CPLR in a law school course. An indication of the strength of student support for a New York Practice course is found in the attached petitions. These petitions were circulated informally among the class of 1981 by this committee. In addition, the Student Bar Association felt this issue was important enough to survey the student body. Mr. Matthew Modica was responsible for the SBA survey. There are many reasons why a New York Practice Course is necessary. First, most University of Buffalo Law School graduates remain in New York State to practice. For example, according to Placement Office statistics, over 75% of the class of 1979 now practice in New York. Second, a Jaw school education should prepare students to excel in their later practice. The New York CPLR is a unique body of law which New York attorneys use daily. Without early exposure to the intricacies of New York practice techniques, UB graduates will be less efficient counsel, wasting their time and their clients' money. Third, study of the New York CPLR can be an effective academic exercise. A JSew York Practice course can use the CPLR as a springboard for the development of analytical techniques of statutory interpretation and comparative statutory study. Fourth, the policy of this school gives - students wide latitude to choose their curriculum beyond the first year core requirements. New York Practice should be among the options available to third year students, as it is in twelve other New York State law schools. The student should decide whether he or she will benefit from the New York Practice course. The following proposals in- corporate the needs of the student body and the concerns of the administration. Our first priority is to provide the third year class a fair opportunity to take a New York Practice course. To reach this optimum, "we seek a CPLR course to be taught in academic year 1980-1981 with an enrollment sufficient to accomodate the entire class. The administration should immediately seek a member of the full time faculty or an adjunct professor to teach this course. This person would be responsible for bringing the course up from the "bar review" level at which it was previously taught. In the alternative, major aspects of the CPLR could be tncorporated into the Civil Procedure II course which would be offered in Fall 1980 and Spring 1981. Anticipated enrollment in this should be large enough to incorporate every" member of the class of 1981 who has previously taken Civil Procedure II without the New York Practice component. It should also include those who have not taken Civil Procedure II but want a New York Practice course. Further, those who have taken Civil Procedure II should be given preference in registering for the CPLR course. In closing, we support the Dean's proposal to incorporate aspects of the New York CPLR into Civil Procedure I and II and to offer a limited class in advanced New York Practice to upperclassmen in the future. However, due to the present circumstances, the class of J9Bl will not have these options and interim action is necessary. Therefore, we wholeheartedly endorse the proposals outlined above. �CUNY Law School for Queens by Marc Ganz v an appropriation of $470,000 The City University of New York Law School is coming closer to opening its doors to a first-year student body. Several significant hurdles have been cleared and there are indications that the State Legislature will fund the newest law school in New York State. The CUNY law school, located at Queens College, has had its charter approved by the New York State Board of Regents after review by the State Education' Department. spokesperson said that "we have plenty of time", adding that discussions have already taken place with the Assembly and Senate leadership and finance committee chairs. The President's Assistant said that Dean Thomas also be used to solve various Headrick and Queens College questions of admissions stanPresident Saul Cohen would for a "planning year." This, according to David Fields, Assistant to the Queens College President, will go towards a "search for a dean, adding a law library and hiring certain faculty.The planning year will dards and course quirements," Fields added. re- The Board of Regents have approved a law school charter for a maximum enrollment of 450 students: "We will serve students who arte not able to In addltfofr;:<tlie go away to law school," said Fields, who had been working the school &<ra functioning unit in on the law proposal since 1972. their ten year planning docuFields was confident about ment for 1980-1990. the opening of the law school, CUNY " has recommended even if the legislature does not that the state legislature appropriate funds in the 1980 jinance the school, including supplemental budget. The soon meet toxdiscuss the new law school. Headrick has opposed the idea in the past, fearing possible enrollment declines, and loss of prestige as New York's only state law school. The two men .will discuss how the two law schools can best work together. Fields concluded by stating that "CUNY is the biggest university in the world without a law school." By all indications, this will not be for long. Voter Registration: Dates to Remember by Marc Ganz registrants may register in per- son. In Buffalo, ail polling places will be open for. local registration. In other parts of Erie County, contact the town There' Is another election "coming up on November 6, 1980. If you want to vote for your favorite candidate for clerk for available locations to President, United States register. October 11th is the Senator, Congressman, New York State Senator or Assemblyman, and candidates for a myriad of othter local offices, you must be registered with the' local board of election in the county you reside. The last da*te to register by. mail is October 6, 1980. This means that the board of elections must receive the applica- that business ,date. There will be local registration ■days on .October 10th. and 11th, at which prospective tion; „by last date to register to vote in the November elections. If you are in need of an absentee ballot application form or a mail registration form, the New York Public Interest Research Group Squire (NYPIRG), located Hall, has application forms. They also provic!; further inforthe requirements for mationj ..on lj>, ;io I It dO Carter, Commoner, Anderson or any other candidate, you may be left out of the voting booth unless you register soon. To the Editor: panel member would vote.) The Student Bar Association is an important organization representing the student body in committee appointments, in controlling student fees allocated to it, and in sensing and expressing student opinion about law school matters. But it needs streamlining. As it stands, it would take a fulltime President to manage the group effectively, and its cumbersome ways of getting things done must bewilder the elected President. Several Presidents have resigned. The glitter associated with getting elected disappears quite quickly when the President confronts the massive job he or she is confronted with. To streamline and replace the organization, I suggest that a seven member panel be elected (or perhaps partially appointed) to carry on the brunt of the work. The President would be elected at large, and each class would have two elected (or perhaps one elected and one appointed member. The President might be allowed to appoint one member from each class. Each Several committees would still be in existence, but only the chairman of the commit- tees would show have one up at be,held within ten days after sh „oc, Day! Because the elecelections. LaEfor ',/*») •-, .'-. i* t\t*>-~:', i, \ The -file an ■' The Studentt./ Bar Association was held after more than absentee ballot application tion's ususal course of events ten days had passed, Flint form is October 28v 1980 following an election has been asserts that SBA is without in the regular meetings. The Board would have final power in all decisions made. The Board could remove chairmen of committees which were not functioning will due to negligence. To streamline the recordkeeping function, where the Student Bar Association deserpately needs help, perhaps the Student Bar Association should consider paying someone (if it is legal to do so based on University rules) to maintain that function on a regular basis. Regular, wellkept office hours should be maintained so that the work could flow evenly. I would like to see the SBA succeed. Its aims have always seemed sensible to me, but its pursuit of those aims is impeded by a burdensome, cumbersome and unrewarding set of procedures. Allan Canfield, Assistant Dean for Student Affairs SBA Board Refuses to Validate Election; Calls for Referendum the,general last date to voting ' although you may file an absentee ballot application in person runtif* one before the election day. Whether you want Reagan, Canfield's Proposition to Streamline the SBA . referendum ". ..- . serves to makVSBA less desirable .' ." Altreuter stated. Altreuter admits that how to ' make SBA more desirable is a authority to approve the elec- good question. His first priority tion results. is to make ". decent facultyPat Dooley, SBA vice presistudent committee appointdent, countered Flint's position ments." Second on his list is to by stressing the overall intent fix the SBA budget for this complishment of the greater September 24, 1980, the moTo the Editor: tion to recent behind the recently amended year. The budget's problems validate the good for the school and for the constitution. The intent, accordirectly relate to the failure of election results failed a by not an accounting Last week's SBA decision to students to SBA minutes from last Jessica Hawkins Greenidge, ding Instead, vote of to a five four. refuse to validate the results of of angels dancing in the text of motion-requiring a referendum spring, is to avoid numerous treasurer, and Steve Butler, the election and toss the ques- the constitution. The referendum'asks elections which are thought to secretary, to return to Buffalo The SBA elections have ,'assed. tion to the student body in a the student body to approve downgrade the students' opithis fall. thrown back into our laps to allegnion of SBA. Dooley asserts Altreuter's third priority is to referendum should have come been the election and is due opportunity for the clause which mandates reestablish a rapport with the as a surprise to no one. It was now. This is an jns of the SBA coned vie us to demonstrate that we- are elections to-be held within ten faculty.' Good appointments merely one more manifestastitution. tion of the SBA's abrogation of more responsible and profesThe driving force behind the days after Labor Day should be and a rapid resolution of the budget problems are, in responsibility: a disavowal of sional than our leadership refusal to validate appears to read broadly. He suggests imus as being. I urge the trivial, the picayune and represents be Ed Flint, a second year plying the phrase "or as soon Altreuter's view, necessary you all to make it known that prerequisites to meeting this Flint, who has a thereafter as possible." the absurd. you are tired of the nonsense director. for validalast goal. proponents Other Rhetoric about substance and of complaints regarwant to get something number Assuming the election underlying procedure notmanner in which the tion expressed the need for ding the election was run, points SBA to exercise its capacity as results are validated, SBA's withstanding, the SBA's done. responsibility was, is, and to the constitutional representatives of the law next task will be to have a Bill Altreuter primarily always should be the acclause mandating the election students and to validate the runoff election to resolve the election on behalf of those tie votes for positions of first students rather than passing and third-year directors. The the buck back to the students runoff election is a responby way of a referendum. sibility of the current board. The end result was the Ironically, a constitution referendum. SBA emphasizes amended last spring to avoid its purpose is to validate the unnecessary elections is being Leadership required for student-run, student-funded program curelection results without used as the basis for yet displacing the results. rently providing advice/consultation to students on legal matters another election. The current In the meantime, the heirs referendum should hot be and on-cafnpus legal education seminars. A new format for "inapparent are not so'patiently blamed on the constitution but court" representation of individual students is a major project for waiting to take over SBA's rather on the failure of SBA to program. this year's reins. Bill Altreuter, presidentabide by its terms in the first Position open to all UB students work study and non-work elect, feels that SBA's refusal place. In the meantime, faculstudy. Selected students receive nominal monthly stipend for their to validate is a " . thorough ty committees are meeting efforts. farce, a kicker in the teeth ..." without student representation In his opinion, the SBA and SBA-sponsored organizaabrogated its responsibility by tions are wondering when they passing the validation question are going to be able to pay back to the students. The their bills. Student Priorities Ahead of Procedural Nonsense to pass a motion Validating the election results and to pass the gavel on to the successors. At an SBA meeting held on — • SUB-BOARD I, INC. — Positions Available Director and Associate Director GROUP LEGAL SERVICES PROGRAM .. — Submit resume to Sub-Board I, Inc., 112 Talbert Hall, Amherst Campus, before October 7. __ October 2,1980 Opinion 3 �Introduction to BALSA: Plans and People by Winston Ellis students and those who may have transferred here from The Black American Law other law schools. BALSA will Student Association (BALSA) is try to help make your law .happy to be able to bring to its school career enjoyable ■ as fellow students its own weekly well as educationally produccolumn to keep you abreast of tive. Your BALSA officers for the issues and activities relating to the needs of minority students year 1980/81 are Dana Cowens, at UB law school. It is an President; Shirley Robinson, understatement to say that it is Secretary; Joy Kendrick, about time we utilized the Treasurer; and Renee Kemble, school's paper for our pur- Vice-President. The BALSA ofposes. We hope you find this fice is located in room 113. The column informative and in- office hours are Monday, teresting and request you sub- 12:00-3:00, Tuesday, 12:30-3:15 mit your ideas and input to its and Thursday, 11:00-2:00. The writers to help make the col- BALSA office is for you; make umn beneficial to all the use of it! Stop by and find out minority community. what you can do to help the School is well underway and organization improve its serwe have many new faces vices to your'fellow students. There are many events and among our ranks. BALSA would like to welcome all of activities that have been going the incoming first-year on and yet to come that should be of interest. Tor anybody who missed the career orientation meeting on Friday, September 19, 1980 for first and second-year students, you can pick up a very informative handout in the BALSA office. The handout involves planning career objectives from the first year of school, and not waiting until the third year. There will be a resume writing workshop for all interested students in November. Keep reading this column for more specific information about that. BALSA will be sponsoring their annual Law Day on October 25,1980, starting at 9:30 a.m. to 5:00 p.m. at Harriman Library's Faculty Hall on the elude workshops such as "Values Associated with the Legal Profession," " How to Cet Through Undergraduate School and into Law School," and "An Informational Session on Career Opportunities in Law and Summer Legal Internships." A keynote speaker for the Law Day will be announced at a later date and there will be a reception following the speech where refreshments will be served. Additional information will be forthcoming. The ..« Minority Coalition of Professionals and, Graduate Students invite you to their cond Annual Dinner Dance at the Buffalo Hilton Hotel, Main Street Campus. Downtown Buffalo on The theme of this year's Law November 1, 1980. Those who Day is "Black's and the Law in attended last year's dance the 80's". The program will in- know it was a very enjoyable Public Interest Is a Unique Endeavor by Marc Ganz A largely unnoticed yet significant event in the UB law school maturation process as a public law center was the Center for Public Interest Law's premiere publication of In the Public Interest. From the outset, I hail this publication as a unique student endeavor which contributes to the goal of making UB law school a bustling public law center. As a part of SUNY, the law school participants, including students, administrators and faculty have a responsibility to Social Policy. These progVams Authority's political policies or together constitute the core of seeing the Sea Grant program a burgeoning public law progetting Involved with the gram that, with care, will Niagara River anti-pollution efbecome a national model. forts. Students have the I suspect that with a political freedom to undertake sophisticated recruitment ef- projects that may lead to painfort geared at more than the ful, yet constructive change. In Western tier of New York, the this way, students may use law school will titillate the their talents irKa constructive taste buds of a few powerful, and positive fashion. talented scholars who have The first edition of In the had experience in public Public Interest illustrates how policy development at the students can advocate public state or local level. These new policy alternatives in a producfaculty members may in- tive manner. For example, advertently bless the law Cheryl Possenti's article conschool with, new sources of cerning New Yorkers' efforts to contacts in Albany or mandate returnable bottles Washington, and thereby imand cans, more commonly prove present programming referred to as the Bottle Bill, is and funding. a policy idea that is rarely talkHow does In the Public Ined about in Buffalo though the terest fit in? Controversial and County Legislature is debating timely, and as a student financthe issue at present. A forum to ed and directed effort, the air public policy initiatives Journal is free from the such as the Bottle Bill is needpolitical pressures that act to ed at the law school. In the inhibit other journals and Public Interest is a potential publications. For instance, I forum for all citizens to exwould be astonished to pand on efforts of change, discover the Jaeckle Center do- whether by means, of the ing an investigatory review of legislature, the Courts or by - contribute to the betterment of those who subsidize them. The administration seems to be doing their share; the Jaeckle Center for state and local govement law will surely attract students interested in academic excellence in the field of governmental law. These and other interested students may also be interested in the newly-formed Law and Public Policy program (J.D./PhD) initiated by the Baldy Center for Law and the Niagara Frontier Transit direct citizen action. The Journal is also intellectually stimulating. David Milliken's article on Military Overspending wet my reading appetite. I went to several bookstores irt: search of additional reading on the effects of military spending on communities such as Buffalo. The other articles were similarly enlightening and covered a range of topics from water and air pollution to lawyers' pro bono obligations. Thepro bono article, however, contained too many cites and ■statistics. We need a forum for public interest law and not another law review. In the Public-Interest should be written for all persons to read and not just lawyers. Congratulations to all who contributed to this endeavor. I hope others will follow the Center's lead and write about policy alternatives that interest them. Then UB law school may accomplish an ambitious goal in becoming a nationally prominent public law center working on critical state and law issues of concern to us all. Winston Ellis photo by Guy Van Baalen time for all. Make it a point to attend and give your support to this coalition. Additional information about tickets and price will be put soon.. Remember to look for this column next issue for more BALSA news! The Law and Deviance A series of lectures sponsored by U/B's Baldy Center for Law and Social Practice and the S & H Foundation features "Legal and Social Scientific Views of Law and Deviance" by Austin T. Turk and Ruth-Ellen Grimes of the University of Toronto. The lecture is free and open to the public. Friday, October 3 1:00 p.m. Room 109 O'Briah Hall Contact: Milt Carlin Community-University Day The Amherst campus will be open to the public during the ninth annual Community-University Day which will feature bike races for high school kids, a picnic "with" Shakespeare, lab demonstrations, concerts, exhibits and even a "Tree Walk." A press room will be set up all day in Room 18 of Capen Hall, with press kits available. Sunday, October 5 11:00 a.m. to 5:00 p.m. Amherst Campus Contact: John Thurston Emergency Loan Program Aids Needy Students ■ i'iui mi uui 11 iai there was a disaster on the horizon and steps had to be taken to insure that the law school could provide some financial assistance to those students who had run out of funds. From his early discussions with the administration, Marlin realized drawing up an acceptable program would be difficult since there was a historical precedent of a program failure looking over his shoulder. Approximately seven years ago, the law school had an emergency loan program but.it went bankrupt when all the funds were dispensed and the loans were not paid back. "The problem was to drafta proposal that would help students, while at the same time making the payback pro- visions strict enough to insure 4 Opinion the vitality of the program. of the year, the SBA agreed to Both the Dean and members of provide $3000 to the program. the SBA were understandably Immediately following the very wary about committing meeting, the Dean reaffirmed large sums of money without his committment to provide an any guarantee that it would be additional $3000. paid back," noted Marlin. In early July, ELP surA major breakthrough oc- mounted its final hurdle when curred when Dean Headrick university officials decided agreed to match up to $3000 they would not block the prowhat the SBA would pledge posal. towards the emergency loan "I believe the fact that Dean fund. Headrick was willing to go "It was a little like poker," explained Marlin, "for I knew the SBA was reluctant to get involved in a program without the Dean's committment, and yet the Dean was waiting for the SBA to make the first Open move. It was very helpful that I knew fairly well most of the people on the SBA, and that to my relations with the Dean were pretty good. In hammert to ing out an agreement that was agreeable to both sides, I often felt like a labor negotiator." At its last budgetary meeting October 2,1980 along with the program on a one-year experimental basis played a large part in the university's decision not to fight over the SBA's allocation of mandatory student fees to help finance the program," said Marlin. Noting that most persons in the law school administration are skeptical as to whether the program will succeed, Marlin commented, "It's easy to cont'd, from page one understand their skepticism. However, I am convinced the students in the law school want this program to work, feel it can be an important part of the financial aid program, and will meet their obligations to fellow students by paying off their loan as soon as the NDSL or NYS loan check arrives. If it fails this time, we have only to blame ourselves. I don't think that will happen." « The International Law Society House Thursday, October 2 Those interested in joining should make the effort attend. Coffee and doughnuts will be served the deserving. Room 604, 9 a.m. to 1 p.m. �'Executioner's Song' More Sensationalism? by Peter Bergenstock Norman Mailer's The Executioner's Song is a factual reconstruction of the last nine months of Gary Gilmore's life, pieced together from letters and tape-recorded interviews of Gilmore and those around him. The book is documentary in that there is little sense of "author" about it any judgments or descriptions are — • and robs a gas station in Orem, ror is being made in having the Utah, killing the attendant. The execution go forward, next night he stops at a motel [Gilmore] has brought it upon and repeats his acts of robbery himself." The arbitrary apand murder. He is caught, proach to capital punishment tried, and convicted. He is is distrubing. Gilmore was put sentenced to death. i to death in self-righteous MorThe murders are no surprise. mon Utah; in another state he Mailer's step-by-step account might have lived. of Gilmore's actions effectivePerhaps the worst villain in ly traces Gilmore's evolution the story is the press. Gilmore's from confused ex-con to killer. double robbery-slaying was an But the account is superficial. ordinary crime, but when he It tells us only what happened challenged the state to exThe why of it all is missing. ecute him the "carrion birds" Mailer does not try to examine of the media settled upon what might have flowed made by the actors themselves. Mailer's role is passive, more like a skillful editor than a reflective writer. Mailer begins with Gilmore's through Gilmore's mind. Was return to. the world after 13 he insane or merely m-espbfisi; years in prison. Conditioned by ble? Mailer writes of Gilmore's life in captivity, Gilmore is bouts with Prolixin, a behavior unaccustomed to chpices or modifying drug given to him in decisions. He must be taught prison. Gilmore's family notic how to buy a pair of jeans at a ed the drug had a permanent department store. Sleeping on effect on Gary it made him sheets is a new experience for nasty and less predictable. But him, as is taking more than five Mailer does not pursue the minutes to eat a meal: "In possibility Prolixin might have prison you learn to eat in a increased Gilmore's criminal hurry Sometimes you just tendencies. Gilmore's cousin don't get it." and uncle said they knew Gary While Gilmore seems to ad- had committed, the. murders just to life on the outside— he before he was arrested. Mailer holds onto two successive jobs merely relates these prediche retains values learned in tions, he doesn't try to deterprison.. Theft is a gamefor him mine if they were solidly based and pride- is ' inviolable. or merely after the fact. Gilmore steals beer, tape While Mailer fails to tell us decks, and guns; he picks why a man murders another, fights at the least provocation. his descriptive approach sucWorst of all is his "respect for cessfully shows the role of the violence coupled With a legal system in Gilmore's story. disrespect for life and proper- We see Gilmore fighting the ty. When his girlfriend leaves American Civil Liberties Union, him, Glmore becomes un- as well as his own lawyers who balanced by emotion and the want to appeal his death one heavy use of barbiturates. He sentence, turn callous takes a stolen gun one evening reviewing judge said "if an er- . — — — Estate Tax Subject of Bar Program "Estate Accounting, v Utah. Everyone wanted exclusive rights. When Gilmore and his girlfriend attempted joint suicide, bids for-the story increased. Respected journalists were involved in National Enquirer territory. David over the sandbags and the holes in the mattress behind the chair, "creatures of an identical species feeding, all feeding, in the same place." If only Mailer himself had gone beyond writing a Susskind, who himself tried to thousand-page newspaper acbuy the story, called it a "sen- count of Gary Gilmore's story, sational, malodorous, ex- if he had reflected upon the ploitive mess." criminal mind, the penal The press lingered even after system, or capital punishment Gilmore's body was removed he might have'escaped being from the execution site. Mailer part of that species of carrion writes that they swarmed over birds. the chair where Gilmore sat, For Barbara You walked in to my life one night. There was something in your eyes Something sweet and beautiful portents of paradise. The room was filled' with others, but none that I could see; For nothing else mattered, except for you and me. Beauty so radiant, I had to look away From the brilliancy of Barbara, sunlight of my day. — v / ddnt know how I'love you in, oh, so short a time; I only know I do, as I set these words to rhyme. I hardly even know you, so what sense is there in this? Sense enough to hold you and seal it with a kiss. For the heart senses more than the mind will permit, So the heart makes more sense than the mind will admit. Oh, beautiful Barbara, be gentle with your knight Wounded once in battle, tender scars recall his plight. he sheds his armor, as he surrenders to your arms He lays there defenseless, a victim of your charms. Breasts pound in unison, as night goes into sun Waking to the morning, the heart has finally won. Now QUASI N. REM'BI Loophole© by hal malchow Distribution and Income Taxation of Estates up to $500,000" will be the subject of a program to be held October 10 in Buffalo by the New York State Bar Association's Continuing Legal Education Committee and the Trusts and Estates Law Section. The program, to begin at-9 a.m. will be in the Sheraton Inn £ast at 2040 Walden — Avenue and I-90, Buffalo. Some of the areas to be covered include federal and New York State fiduciary income taxation, postmortem planning, accounting records and preparation of accounts, and judicial and nonjudicial settlement of actax counts. Co-chairmen of the program will be William A. Bain Jr. of Buffalo and Henry R. McCar- thy of Syracuse. Speakers will include Stephen M. Newman of Buffalo, William C. Vaughan of Niagara Falls and David B. Liddell and Robert B. Salisbury, both of Syracuse. For more information on the program, contact the Continue ing Legal Education Department, NYSBA, One Elk Street, Albany, New York 12207 (518) 445-1211. October 2, 1980 Opinion 5 �PAD Names Canadian Ambassador Canadian Ambassador Kenneth Taylor has been named winner of the prestigious "Equal Justice Under the Law" Award by Phi Alpha Delta (PAD), world's largest international law fraternity. The award, established in honor of the late U.S. Supreme Court Justice Tom C. Clark, was presented at PAD's 43rd Biennial Convention held from July 29 through August 1 at the Arlington Hotel, Hot Springs, Arkansas. Ambassador Taylor was chosen for the award by PAD's international executive board for his heroic action in assisting Americans to escape from Iran during the antiAmerican uprising there which resulted in the taking of hostages, according to International justice Frank McCown of I ronton, Ohio. Ambassador Taylor was honored for his leadership role in hiding six employees of the — hitch at Mehrabad Airport — Professor Roger Deitz, a New York practitioner who teaches Securities Regulation in the winter term, would like to meet with students interested in his field. Professor Deitz will deliver a short lecture on the ramifica-. tions of Securities/ Regulation to the small and large business on Wednesday, Oct. 15 at 10 -am in Room 109 and at 2 p.m. in Room 108. Thereafter he will answer questions relating to the course. There will be a public hearof the New' York State Assembly Standing Committees on Child Care and Child Abuse concerning legislative proposals to prevent child abuse. The hearing is scheduled for October 7, 1980 at 10:00 a.m. in the first floor hearing room in the William J. Donovan Building, 125 Main Street. and Howard Lasher will chair the session. Further information can be obtained by calling Anthony Winter. ing Cantore at (518) 455-5077. Moot Court to Host Competition - and patents. Presently, three members of the board are preparing to 'compete in the preliminary rounds, the four national competition on an top-scoring teams are chosen issue regarding commodities to compete in.the semi-final trading. The board, a/sg hosts rounds, with the ultimate goal an. irater-school'c.pm petition in of arguing before a distinguish- the field of tax law," known as ed panel of judges in the final the "Mugel." This competition, round. Additionally, at the end named after Albert R. Mugel, a of the preliminary, rounds, ,ap-' local practitioner and faculty proximately' 25 students are member, is held here at UB selected, based oh their total each March. fall. This ccfnilJiSfition,.organized and hosted by the Board individual scores, to represent s Students interested in commembers,-proyidjes students the school as members of the' peting in the Desmond Competition this year, and possibly >iM> m wj|h th^i^itttnity-of^nga^ becoming a member of the trig in-i rrrotk; Appellate prr> Board, are invited to pick up is of petition only the the . This. ceedin'g. •Jeqaires preparation of a written brief many functions in which the the problem on October 1. and oral arguments before a board is engaged throughout Final briefs will be due on Ocpanel of local members of the the" year. Members of the tober 31 and preliminary oral board represent the school in a arguments will be held bar acting as judges oh a relevariety of inter-school national November 11, 12 and 13. A vant issue. competitions covering such cocktail party and awards bancompetiis through this It tion that the members of the areas of law as labor, quet follow the final rounds on securities, constitutional law, November 15. board are selected. The parcipants are as a team scored i location on fmmf prominent personages as Warren Burger, Chief Justice of the U.S. Supreme Court; U.S. Attorney General Benjamin Civiletti; Sen. Ted Kennedy, and Shirley Hufstedtler, Secretary of the U.S. Department of Education. The Carlos C. Alden Chapter here at UB law has its office in O'Brian 506. Alden Chapter was represented at the convention by Stu Ball and Ron on their written brief and individually on their oral arguments. At the end of three The Moot Court Board held their annual Open House on Tuesday, September 22 in.an effort to acquaint the student body with the upcoming Desmond Competition as well as with the functions of the Board. Many students are with the Moot Court Board thrbugfi'.their involveMoot ment in Court corripetitjpn held each ' the Main Street Campus!" i Some 300 delegates from the U.S., Canada, Mexico and Puerto Rico attended the convention and participated in a series of seminars and workshops, viewed videotape presentations on trial aspects of law practice and enjoyed a gala reception at the Governor's Mansion hosted by Arkansas Gov. Bill Clinton." Founded in 1902, PAD has 93,000 initiated members, chartered student chapters in 162 law schools and 77 • NY Standing Committee to Hold Public Hearing on the Issue of Child Abuse Assemblyman Paul Harenburg in Beautifully typeset and printed to give you a professional edge in the job market". Come in and see our complete line of typefaces and paper choices. We take pride in our personal service and low prices. I chartered alumni chapters. It includes as members such those six Americans. Teheran in late January when half a dozen "Canadians" arrived to board a flight to West SOUR RESIMIE... '"'' Germany, ending the danger to American Embassy in Teheran for almost three months par)/ of the time in his own and later shepherresidence ding them out of Iran in a daring escape plan he devised. The escape plan included an extraordinary secret meeting of the Canadian cabinet on Jan. 4, 1980 to approve issuance of Canadian diplomatic passports to the six Americans. Ambassador Taylor was in charge of all secret arrangements by which the Americans were housed, fed and rehearsed for their departure. The U.S. assisted in supplying forged visa stamps. The Ambassador began his preparations by sending his own staff members out of Iran on fictitious missions in order to establish travel patterns and clearance procedures. Everything, went without a Dietz to Meet With Students University Press 361 Squire Hall 831-2588 10:00 am to 5:00 pm . one. . . We also have a complete line of stationery, business cards and invitations! Criminal Law to be Administered 'Aura-ly?' by supposed to have. These in- "energy field" is quite difdividuals claimed they could ferent from the known elecIt was once said, "A lawyers tell you about your personaltrical activity of the body. training is only twenty percent ity, your past lives, your state When the electrical signals the result of law school. Give of health and much more, were analyzed, it was found me someone who knows about ajl from the color of your aura. that they were in the range of 'life' and I'll show you a good "Sillyness!" we rational 250-2000 Hz (cycles per selawyer." (I assume the speaker creatures said. "No such thing cond). Prior to this the highest was not suggesting a trade but as auras!! If these people are frequencies recorded from a was referring to the same in- really seeing colors they've human body were about 300 dividual.) I'm not sure who it been taking too many of those Hz. This was recorded from was that said all that, or funny little pills!" the tiny muscles of the face. Well, like most of our Hunt pursued these strange whether or not that person knew a damn thing about law, "known truths," it turns out signals further and determined lawyers, or life! that although rational they are that they occurred in distinct What follows has little to do wrong. Out of the hallowed patterns, shapes and frequency with "things-legal" as we or- halls of U.C.L.A. comes what realms. dinarily think of them, but it seems to be conclusive "We tried to correlate them has a great deal to do with evidence that auras do exist, to everything," says Hunt, life... and it's a hell of a lot and that some people can see "galvanic skin response, brain more interesting than the Interthem. Dr. Valeric V. Hunt, a wave changes, temperature, or professor in the department of body moisture, physiological nal Revenue Code perhaps it's interesting Kinesiology has found that changes you name it, we because of the Internal there is an emission of elec- tried it." It was only a hunch ,Revenue Code? At any rate... tromagnetic energy from the and the urging of a friend that Remember all those stories human body that correlates finally led Dr. Hunt to the about the flaky people who directly to colors reportedly world of "phychics." The psychic (in this case an aura claimed to be able to look at seen by aura readers. Using Inodified elecreader) would watch human you and tell you all about yourself just by looking at the tromyographic equipment, subjects were were "wired for colors around your body? They usually utilized to measure recording" and report on tape said they were reading your muscular activity, the what she saw in their auras. aura, something we all were researcher has found that this When the aura reader said she saw red, the waveshape and frequency of the. recorded electrical activity were par- David Schwartz — — Opinion 6 October 2,1980 mood changes could, also be predicted by the colors and electrical signals. What was ticular to that color. Green cor- described by individuals as related with a distinct apgr tended to correlate with waveshape and frequency, as the recorded signal that was did blue arid yellow. Further called red. States of anxiety analysis of these elctrical tended to be orange. Of course signals and reported colors led health and mood changes are quite subjective and defy exto the same one to one correlation. (For those with some act description but the tendenbackground you will notice cies were there. that these "colors" appear to This mood change and color be acting the same as the "visi- correlation is not all that dif- unknown. A number of ble" light spectrum ferent colors, different wave criminal detention centers are length and frequency patterns. using pink rooms to calm down The difference is that only the otherwise unruly inmates and aura readers could see them, the technique has proven sucnot the common ordinary folk.) cessful. If the criminal justice But what about all that system is using it, we know it other stuff personality, past must be fairly well established lives, health. ? Oddly they won't try anything enough there is something to unless it's been accepted fact all that. It was found these for at least 30 years. aura readers could tell certain Oh yes that past life stuff. things about the state of someAs far as I know it hasn't been one's health by paying atten- confirmed and it's difficult for tion to the patterns of colors me to imagine how it will ever they saw. The researchers be confirmed but then I'm a began to develop this same "rational creature" and we've skill based on the recorded already been wrong once in electrical patterns. Certain this article. — — . . — — — — �.. . . How to Play the Biggest Sport Around: The Recruitment Game by Joe Peperone "The game .what you see on T.V. or go and watch is just the finished product the players, the color, the excite- ,-. power-broker, this Machiavelli. She'll tell you who will win and who will lose, and why. Around the law school, this is the biggest sport around. Her name's Audrey the X and her story is "The Recruitment Game?' Pep Talk: Audrey, the stories about you are legend and the rumors are many. You're loved by thousands but others say you'd sell your grandmother to the Arabs to get another New York City firm to interview ment the victory and the defeat. .But there's another side: the shadows, the whispers; the other story. What you're about to hear isn't pretty, but it's true. Young kids, barely out of school, being hung out like meat, selling themselves to wealthy men here. What's the bottom line? who bargain for the right to Audrey: Well, the truth is, it have them on their "team." did clear up her sinuses; but Yesterday I talked to yes, I am distressed by the perhaps the most important things I've heard. They let two person in this ritual. She pulls hundred and fifty people in the strings, she makes the here a year, and I've got to get deals. Now you'll hear the them all jobs by the time stbry of this dreammaker, this they're out. Jt's bad enough market, you would think peo- roads in areas outside of New ple would be glad to have me York State? set up a lot of interviews for Audrey: Yes, we have, but them. But some people have it's a hard battle. When we first such picky requests.They think place a student in a firm which 1the world owes them a living. has never had someone from Buffalo, you have to hold your Pep Talk: For example? Audrey: Well, there's one breath, because if they don't guy, Tom G., who's a real pain. work out, the firm may never He wants me to ask firms if hire here again. Pep Talk: Has that ever hapthey have Sonys in the associates' offices. pened? Audrey: Just this year, we Pep Talk: You're kidding, , though we had placed another methodical, they think too anything else? Audrey: You're not going to law review person in a large much. Take Elaine H., for example. Puts footnotes on her believe this, but Sandy N. Atlanta firm, but in the last ingrocery list! How can I help refuses to interview at any firm terview, in front of all the that's more than five blocks senior partners, he insisted on someone like that? Pep Talk: I see your point. from a women's college! wearing two suits. Pep Talk: You do have your Pep Talk: Two suits? What other do you problems. But getting back to Audrey: That's not the half have? Audrey: Well, with the cur- the school in general, has the of it, one was pink! Well, it was rent glut of lawyers in the job placement office made in- about 104° in Atlanta that day, so you could imagine what they're raw and naive when they get here, but by the time the faculty and staff gets through with them, they're raw, naive, and very confused. My job is not easy! Pep Talk: It can't be too hard finding jobs for some people, though. What about the students on law review? Audrey: .It's not as easy as you think. Some of these people are too detailed, too happened. Tomorrow is too late! Pep Talk: I don't want to think about it. Well, howabout some good news. Do any firms seem to really like to hire students from Buffalo? Audrey: Why, yes, as a matter of fact. Two of our recent graduates are now working in England. Pep Talk: Why would English firms hire from our law school? Audrey: Welt, it turns out that two Lon,don firms were on opposite sides of a case which involved a question of 12th century crop rotation Pep Talk: Wow, and we're the only law school where you can learn about medieval crop rotation! Are there any other attributes our school's graduates are noted for? Audrey: Well, unfortunately, they are noted for not keeping their jobs as executive counsels of large corporations. Pep Talk: Why is that? Audrey: It seems the board of directors of these companies take it personally when Buffalo graduates continually laugh about "piercing the corporate whale." Pep Talk: Any other problems like that? Audrey: Buffalo grads don't have such a good record arguing in front of the Supreme Court either. Pep Talk: Why not? Audrey: Well, Rhenquist told one of our graduates that if he ever heard the words "primary facts" during oral arguments again, he would go . . crazy! Pep . . Student -_. Representatives: Doric H. Benesch • Therese Rahill Renee Lapides Francine Bruno toferr"Joan Warren Car ja c ersten Leslie Wolff Michael Chakansky Rosemary Gallick Erik Lindauer Arthur Scott Garfinkel Jay Marlin Paul 'sraelson Winston Ellis Patricia Jayne Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto Talk: Despite the problems, the consensus around the school is that the whole Placement Office is doing a hell of a job. It may be hectic now, but things can only get better, right? Audrey: Yeah, just wait until next year when firms start getting Buffalo resumes that say the person got an "H" in Automobile Accidents. I'm going to have a lot of explaining to do! "All that is necessary for the forces of evil to win in the world is for enough good men to do nothing." Edmund Burke VOTE! October 2,1980 Opinion 7 �Record Rack Perfect Voices, Better Benetar, and Costello's Vault by Mike Rosenthal group's best moments on vinyl closely with "shlock" disco to to date, and each contained have any true worth. perfect first sides. Easily spun Voices is the most consisoff were several hit singles, in- tent, imaginative, playful and Voices Daryl Hall and John Oates Hall and Oates have had a cluding "Sara Smile" and checkered career. Their "Rich Girl," and the potential maiden "recording, Whole existed for several more. Side Oates, showed their potential two on each of these alhums as blue-eyed soul singers, but contained their share of gems, lacked direction and was bare- but for the most part these sides contained songs which ly satisfactory. Their follow-up effort, Aban- misused the group's abilities. doned Luncheonette, was, on An exception to this would be side one alone, a perfect their sole attempt at a record album. Varied tempos, swit- with a Carribbean flavor. ching of lead vocalists, superb Soldering, which worked exharmonies, and skilled tremely well. The group at this point songwriting, particularly that entered a stage where it releasof John Oates, jelled together to make a powerful and potent ed five disappointing albums. listening experience. No Goodbyes, a compilation Philadephia soul had rarely of the first three albums' better been so well represented. Side cuts along yvith a few previoustwo, however, strayed too far ly unreleased cuts, sounded from the smooth soul stylings like the patchwork that it was. of side one and failed to cap- Beauty On A Back Street was a more matured War Babies ture the group at its best. but suffered from the same War Babies had its moments, flaws. Livetime was a exclusively on side one, but basic poorly produced live album. over on was too far the hard Along Red Ledge containrock mainstream to do justice ed twoThe excellent examples of to their strengths. This album, Hall and Oates stylings, produced by Todd Rundgren, classic "It's A Laugh" and "I Don't the inner conforeshadowed Want To Lose You," but sufflicts that would mar much of fered from poor production, the group's later material. excessive meandering, and the The self-titled silver album schizophrenia that was now and its followup. Bigger Than becoming deathly to their Both Of Us, contained the career. "X Static" flirted too enjoyable album Hall and Oates have ever made. Playing with the rhythms of new wave, Motown soul, fifties doo-wop, reggae, and Philly soul, the group has evolved its own new distinct sound. It works with their abilities and talents, instead of against them. Among the standouts on this album are the Motownish "You Make My Dreams Come True," the remake of "You've Lost That Lovin' Feeling," and the sexily rhythmic "Africa." The current single is a more typical, but high quality dose of the Hall and Oates sound. The song "How Does It Feel To Be Back" is sung a bit more gutsy than we've come to expect from Oates. The best cut, however, is the titlesong. With the verses coming from a new wave point of view, and the choruses being pure doo-wop, an interesting and startling new sound is bom. Hall and Oates have a top ten single with this song should they release it as such, and a revitalized career even if this only gets air-play as an album cut. The album shows the group has not lost the knack for mak- ing good music, but also is not afraid to grow and change. Provided* they do it within the boundaries of what they can do well, their future looks bright. .. Briefly Panarama The Cars Far superior to CandyJD, the songs here experiment with new rhythms, sound effects, and styles. And while they never sound like anything but the Cars, they don't sound repetitious or stale. And the lyrics take quantum leaps above both of their other albums. Crimes of Passion Pat Benatar While her first album lacked direction, their album's main strength is in its direction. use of Benatar's marvelous voice. The only major weak spot on the album is Benatar's remake of the whispery and willowy "Wuthering Heights," which seems very out of place here. Taking Liberties Elvis Costello This album of B-sides, import-only recordings, and previously unreleased material is leaps and bounds above the • last studio album. Get Happy. There are familiar songs like the two on Ronstadt's last album, "Girl Talk" and "Talking In The Dark" along with the cut omitted from the U.S. version of This Year's Model, much to the chagrin of the U.S. Costello fans, "I Don't Want To Co To Chelsea." The album spotlights the mellow Costello of "Allison" fame but doesn't do it at the sufferance of the rocking Costello. Especially noteworthy of the latter is "Getting Mighty Crowded," an old Van McCoy hit. After releasing one of the worst albums by a major artist released this year, it's good to have an album that does justice to an artist of Costello's stature. And once again, he has released an album with twenty Tight, sharp, and powerful, the record jet propels the listener through new wave, "Treat Me Right," blue-eyed soul, the Young Rascals' remake "You Better Run" and hard edged rock "Hell' Is For Children." The latter song is clearly the album's best cut as it packs strong lyrics about child abuse into a tightly structured rock number that makes excellent songs! Mensch Returns to Law School cont'd from page one chitecture at Cornell. After tracts!" she says. three years of teaching high Although she still had to school English, she moved to complete her seminar papers, the country to raise her two Mensch began Harvard Law sons and experiment with sub- School in September 1978. i sistance farming, which, accorThere wasn't the separation or ding to Mensch, was "not a distinction you might expect wild success". She had a huge between Buffalo and Harvard, vegetable garden along with she says. "I saw it as an extentoo strong an affinity for the sion of what I had here, really animals she kept. She could a continuation." Mensch atnot slaughter them, and kept tributes the easy transition to only a donkey, geese and a bil- the fact that Professor Konefly goat on the farm. "I first sky spoke extensively on the learned how to get angry," views of Morton Horowitz and Mensch says, "because of that Duncan Kennedy, her Harvard billy goat," who enjoyed the professors. In comparing her vegetables as much as the rest education at UB with the of the family did. students at Harvard, she Mensch's first exposure to discovered, "I was probably law was through her father, a the one person who looked prominent Chicago lawyer, back at my education and said who had prominent Chicago it was quite fine and lawyers and judges for friends. excellent." She found, at ÜB, "I hated it!" she recalls". But, the "openness and encourageafter her divorce, Mensch apment" she was looking for. plied only to UB Law School Elizabeth Mensch will be ofbecause sensed fering she a course in "something open about their jurisprudence and a seminar or approach in the catalogue." course in legal history for the Never having heard of Buffalo, Spring semester. She is currentshe took to the road again, but ly working on a review of The was accompanied by her Rise and Fall of Freedom of children this time. "It was a gut Contract by P.S. Aliyah for reaction," she says, "not wholStanford and finishing her Harly rational." vard research for publication. As a high school teacher, her "I have trouble meeting interest had been with semideadlines. It was that way in delinquent students and, upon school and still is," she candidentering law school, she inly states. tended to study juvenile Mensch feels the traveling justice. Being more theoretical may have been a strain on the in nature, legal history gave children. Having spent most of Mensch a chance to be critical, their school years in Buffalo, something which she found the boys are glad to be home. very appealing. She still regrets And Mensch says she plans on not pursuing juvenile justice staying "as long as they'll have but, "I love teaching conme. I've missed itI" 8 Opinion October 2, 1980 photo by Katt >y Lehsten Class of 2001 1 ; The Sierra Club needs law students to work on the West Valley project LWil involve Contract and Corporate Liability issues Call 832-9100 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-10-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a72266cce0bc90a010bc4f0eb9564615.pdf 831f7d2caf6a287642c89704effd7040 PDF Text Text Blumenthal Brings Expertise to School by Scott Wright Toward the close of her first class Professor Blumenthal paused for a question: Why diet she leave Skadden Arps to teach at Buffalo? "Actually, those whoknow me would ask why I ever went to Skaddan," said Blumenthal. Barbara Blumenthal Joined ; the faculty this year primarily !to teach a much needed course in antitrust. First Guyisemester she is teaching an in- ; Vanß le Professor Barbara Blumenthal prepares for another class. Herantitrust experience makes her a unique asset to the law school. Non-Front Organization US Postage PAID Buffalo. New York Permit No. 708 troductory section only. Second semester, while schedul- Opinion Ed to teach a section of corporations, she tentatively plans to offer an advanced seminar in antitrust as well. Born in New York City, Professor Blumenthal was raised in Denver, Colorado where her father teaches at the University of Denver Law School. She has lived in California, Illinois and Connecticut. She graduated from Oberlin College in 1972 and went immediately into a fellowship at the University of Connecticut cont'd, on page three Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 3 State University of New York at Buffalo School of Law October 16, 1980 Effective Waste Disposal For Niagara County? by Laurie Gross allowed for the free flow of traffic at all times, agreed to The following is the first of a repair any damage to two-part series on the problems driveways, and obtained of effective waste disposal in liability insurance for itself and its contractor, SCA could Niagara County. proceed with the pipeline conNiagara County has issued a struction. right-of-way permit to SCA Attorney and Environmental Chemical Waste Services Inc. Scientist Barbara Morrison was of Porter for construction of a hired by the Town of Porter to Spectrum" waste pipeline to the Niagara file suits against SCA. In the River. Utilization of the Court of Appeals case, the pipeline cannot commence un- Town of Porter is refusing to til the associated Court of Ap- grant the building permit. The peals case and suit in the Ap- case is pending and will not be pellate Division are settled. settled until the end of OcAfter much, controversy. tober at the earliest. State Supreme Court Judge The suit in the Appellate "Sewer Cleaning Specialists" profit from polluting profiteers. Joseph D. Mintz ordered Division deals with the enNiagara County Public Works vironmental impact question. from the Niagara Falls defunct leaching into the ground Commissioner Donald J. Smith It seeks to overturn prior DEC sewage treatment plant," says water, Allison Livingston of to grant the permit which will approval of the pipeline. In Don Henry of Operation CAP fears. "The whole area is follow the same conditions this effort, the Town of Porter Clean. He believes the pipeline threatened, not only now, but outlined by one issued in is supported by Lewiston, will have a considerable effect in the future," she says, "and February 1979. The five-mile Niagara on the Lake, Ontario, on the water. "We want to that's what we're looking pipeline will be constructed Operation Clean, and Citizens clean up the lake," Henry says, \toward, the future." According to Livingston, from Balmer Road in the Town Against Pollution (CAP). Their "not add to it." of Porter, under the county's common ground is that they It is only a matter of time CAP was established to Lower Road in Lewiston, to the receive their drinking water before the chemicals will be organize the concerned people from the Niagara River and Niagara River. According to Smith, the they are concerned. original permit had expired The groups argue that because work had not begun technology has existed for 20 on the project within the years which can effectively specified 90 days. SCA argues, treat most, if not all, hazarby Edward M. Sinker ing this semester than ever however, the 90-day period dous waste. They believe it is was to begin after all other the responsibility of the state before. Our men have increasStudents- receiving traffic ed ticketing as a result." legal proceedings regarding and federal governments to University records indicate, the project were completed. establish the legislation that tickets on the Amherst campus The conditions in the would make these facilities from university police have between" both campuses, an isoriginal permit allowed SCA to mandatory. Current methods discovered a way to "beat the suance of 8,419 tickets from build its pipeline under Lower of waste treatment and system." Increasing numbers January 1 to September 30. No River Road after receiving disposal are cheaper and inof students have been pleading figures are available as to ex"not guilty" to the alleged actly how many of the Department of Environmental crease profit, but the SCA opviolations in an attempt to Amherst campus tickets were Conservation (DEC) approval ponents question the comand permits required by the pany's ability to adequately confront the campus cop in unconditionally discharged, agency and after obtaining a handle the 4,000 tons of waste court. The cop does not appear but Director of Public Safety building permit from the Town material accepted by the firm in court and the ticket is "un- Lee Criffin agreed "the abuse of Porter. Once they supplied each month. They accuse the conditionally discharged." has reached epidemic proporTraffic Lieutenant Jim Little tions." written notice to the public company of placing profit. of the university police said, works department within 72 before people's safety. We'll have to either quit hours of starting construction, "There's enough garbage "I've noticed more illegal park- writing tickets," said Griffin, \ "Tothe courtesy Phot into effective action. "Our purpose is to get people aware, to get them involved," she says, "because the sooner they're aware, the sooner we can alleviate the problem." The second part of this series, to appear next issue, deals with the secured landfills of CECOS International, Inc. Dismissal of Parking Tickets Concerns UB Administrators "or start sending our men over the Amherst courthouse." Griffin explained that exhorbitant costs have, in the past, precluded sending officers to confront the accused each week. "Union agreements re quire that off-duty officers be paid overtime," asserted Griffin, "for their appearances in court. The union contract also guarantees a minimum of four hours overtime." University police earn $10 for each hour of Overtime, thus to . cont'd, on page eight �.Vol. 21, No. 3 OpiniOn October 16,1980 1 President's Comer We Can Make the Difference The final voter turnout was even more depressing. Barely a third of you all cared enough to show up at the polls in the general election, and only a third of that in the vote on the referendum. Frankly, I had thought that it was faculty and administrative insensitivity to the SBA that caused the regulars' retreat from involvement. The student Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Business Manager: Marc Ganz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano Staff: Doric Benesh, joe Peperone, Alan Beckoff, Melanie Pierson. Contributors: Bill Altreuter, Heather Byrne, Arthur Scott Garfinkel, Laurie Gross, Karen Spencer, Scott Wright © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is. funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Campus Security Should Face Problems Head-On The exorbitant costs of providing adequate due process of law have been asserted by Amherst University Police as an affirmative defense to their issuance of what becomes unenforced parking tickets. The dilemma demonstrates far more than the continuing clash between due process concerns and prohibitive enforcement costs. Behind the facade of constitutional and administrative con- siderations, lies the real problem: the continual failure of Amherst University Police administrators to "grab the bull by the horns" and grapple with the dilemma directly. Interviews with campus security administrators disclosed three distinct reasons for the failure of officers to confront "not guilty" pleas in Amherst Town Court: (1) the courthouse has failed to notify campus security of these "not guilty" pleas, (2) the new security officer who replaced _the previous officer stationed at the courthouse on parking violation nights either did not know or was not told he was to be in court those nights, and the administrators had "no idea" he was not appearing before the court and, last but not least, (3) the overtime costs of sending officers to court cannot'be justified on a cost-benefit basis. Whatever their real excuses, the fact remains administrators have done nothing, at least not until Opinion spoke with them last week, to address this matter directly. The past several months have indicated the recurrence of this fact-pattern of students pleading "not guilty" with no show by the security officer. It was not until such abuse had, in Director of Public Safety Lee Griffin's own words, "reached epidemic proportions" (and, coincidentally we are told, after Opinion brought the problem to their attention) that campus secdrity administrators suddenly awoke and said they were now prepared to act. Opinion suggests that a regular officer be assigned to the courthouse for traffic ticket contentions. Alleged violators should be informed by the court that the appearing officer is not the ticketing officer, but that the officer would be present for trial on an adjourned date. The assigned officer would only serve to assist the court with any factual questions it may have (e.g., is there a posted sign in a particular location or is this a no parking zone?). This suggestion would serve to "weed out" those who have legitimate claims from those who have pleaded "not guilty" on the mere chance that the ticketing officer will not show up in court. In his cost/benefit analysis, Griffin considered only the costs of paying campus cops, overtime. His calculations did not include lost revenues resulting from $10 tickets being unconditionally discharged each time one of his cops failed to show in court. Nor did Griffin concern himself with the costs of paying cops to write tickets which would never be enforced. Is there anything truly cost effective in the present situation? The constitutional confrontation with exorbitant administrative costs is admittedly not a readily resolvable issue, but the problem is not made any less burdensome by postponement or alleged ignorance of its existence. Perhaps a more acute ear to the campus-community pulse and a more watchful eye of their own bureaucratic shortcomings might be in order for Amherst University Police administrators. Griffin sharply told Opinion (see story on page 1) it is none of our business why administrators have neglected this problem in the past. As taxpayers, students paying tuition, and generally concerned citizens, we have every reason to make such administrative negligence our business. Should Griffin truly feel otherwise, we would have every reason to summarily seek his resignation. 2 Opinion October 16, 1980 by Bill Altreuter Why doesn't anybody want this job? When I decided, back in July, that a run for the Presidency was worth the effort, I didn't think I had a chance of winning. All I really wanted to do was inject a fresh sensibility into the process. I had never been involved with the SBA before, and I assumed that one of the regulars would win. All my past experience with student government indicated that the spoils go to the hacks, but I filed my petition anyway, in the belief that I was the most qualified can- didate. To my bewilderment, none of the expected opposition materialized. Most of the people I had felt sure would run signed my petition with a smile, and wished me luck. Some accounted for their retreat from the political scene by explaining that they had acquired other responsibilities; some just wanted out. -All' agreed that I had my work cut out foT me, but that '-someone has got to do it." In addition, no other dark horse Presidential aspirants emerged, and in fact, all of the candidates for slots on the ex- ecutive board ran unopposed. Further, only the VicePresidential candidate, Matthew Modica, could claim prior SBA experience.- The second and third year classes were unable to field full director slates. Only three candidates ran for the vital Faculty-Student Relations Board, and one had his petition invalidated, so that only two names were on the ballot. greater clarity from-the faculty as to what is expected of us on exams. 3. The SBA is in a position to enhance the quality of law student life by providing the funds for extra-curricular and social events. Let no one kid you: these things are very important, and"** am committed to supporting them. 4. The quality of facultybody was the last place I student relations is badly would have looked, but these strained to say the least. The last few weeks have been full SBA can demonstrate to the of surprises. I would never faculty that we are responsihave thought that the lame ble, that we are professional, duck SBA would have taken it and that we do deserve their upon itself to contest an unop- respect. By the time you read this I hope to have taken steps posed election, either. The passage jof time has in that direction. The appointcooled my temper to the ments I have made to the degree that I am inclined to Faculty-Student Committees believe that stupidity rather are all people I believe will try than malice was the motiva- to work at making a difference. tion for the Fickle Five's Many of these people are fresh refusal to validate last month's faces — my recent experience election. Regardless of motive, with hacks has been an education. Be assured that exhowever, the referendum's outcome indicates to me that their perience alone is not a suffipetulant efforts to render even cient criteria for an appointmore pathetic the mess they ment, and be confident that left behind were recognized they are capable and hardworking. for what they were. To those on the committees, I ran with the slogan, "It is to possible make a let me remind you once again difference." I believed it then, that respect can only be earnand I still believe it. Whether ed by demonstrating that we or not I really can, or will, is are willing to do the work that still an open question, which it takes and accept the respondepends a lot on you all. Know sibility that attends the drive that I have every intention of to make a difference. trying. Look for the SBA to Remember that the respect of the faculty is an absolute begin to work in these areas: 1. The SBA is in such a state precondition for faculty of disorder at this point that responsiveness to our needs. This is an opportunity for us we enjoy almost zero credibility from faculty, administra- to redeem ourselves from'the tion, and ourselves. Major embarassment that the elecchanges in the way we conduct tions and the procedural our business are essential, as nonsense that surounded it I'm sure is obvious by now. I have caused. If we have any refuse to let substance take a self-respect we will try to do at 'back seat to procedure, and least this much right. will initiate whatever reforms I went into this with my eyes are necessary to that end. open. I know it's going to be a 2. The grading system here lot of work; I expect it to break at UB is probably the leading my back, but I'll be damned if component in the superior, I'll let it break my heart as relaxed atmosphere enjoyed well. I'll go to the wall on by us all. It is also one of the every issue if I have to, but I primary sources of frustration will not go alone. Thank you and alienation among the for your past support — now students. I want to push for the work begins. 1981 Commencement Committee Organizing Upcoming Activities To the Senior Class: Last spring, the 1981 Commencement Committee circulated a survey to ascertain your wishes with respect to Commencement. As a result of these findings, Anthony Lewis, correspondent for the New York Times and the author of the book Gideon's Trumpet, has accepted an invitation to speak at the ceremony which will be held at 1 p.m., May 24 at Kleinhans Music Hall. We also requested ideas on what types of activities you wanted and how they would be financed. An overwhelming majority of voters favored the idea of paying senior dues so that more quality events could be planned. Consequently, we are now collecting eight dollars per person as senior dues. . Three major events have graduation, May 23, 1981, already been planned for the there will be a cocktail party Spring semester. On February for graduates, parents, friends 12 there will be an "100 Days and faculty at a local hotel yet 'Til Graduation Party" at a to be determined. local bar. This beer blast will Quite frankly, the more be free to those who have purmoney we get, the more we chased senior IDs. All others can plan in terms of picnics will be required to pay admisand parties the week between sion. graduation and exams. Also, On Ap/il 3, 1981, there will the sooner we get the money be an evening of drinks and in, the better, because that dancing at the "semi-formal" way we will know how much which will be held at the new we have to play with. As an exdowntown Buffalo Hilton. The tra incentive for paying senior event will run from 9 p.m.—l dues as soon as possible ID's a.m. with at least two hours of can be purchased Mondayopen bar and continuous hot Thursday, 9 a.m.—4 p.m. in and cold hors d'oeuvres. front of the Library, at the rate Senior dues will help defray of $8.00. Next semester they part of the cost of the event, will sell for $10.00. and seniors who have purchasIt's been a long three years ed an- ID will receive dis- so let's go put in style! Ml! counted ticket prices. The 1981 Commencement Finally, the night before Committee �Commentary: Candidate Lucey at Squire Hall by R.W. Peters Walker classic,' Mr. Bojangles had the audience grinding their molars. The Pointless Brothers were originally slated to appear at this shindig, but were said to have thrown their lot in with Lev at the last moment. Exuent Glenn Wallace- In came Lucey's advance men son's position on several issues. Nothing surprising came up, and I will not recount his platform in detail. The entire thirty-minute speech was tailor made to the "youth" vote. Lucey, in no uncertain terms, denounced a reimplementation of the draft. and Secret Service escort. He reiterated the strong Looking up and seeing his Anderson-Lucey stand on phalanx of rain-coated "energy conservation, with emoperatives, I thought for a mophasis on solar development. ment that London Fog was inThe two are pro-ERA. At the troducing its new line of rain mention of each of these gear in the Conference stands came loud hoots of apTheater. These fellows were proval from the crowd. very jumpy, having heard that A brief question and answer a Croatian terrorist group. Plasession followed Lucey's que 7, was operating out of the speech. As could be expected, nearby ÜB. Dental School. most of the student questions After sniffing about a bit, their centered on food stamps, beefy leader, a Ham Jordan changes in the BEOG program, clone, motioned "coast clear", and other matters of imand Lucey, after a quick in- mediate concern to those sucktroduction by your standard ing on the public teat. S.A. twerp, made his grand enA question not in this vein, trance, receiving a smart hand however, was asked by a young Ulyanov who had the frOm the assemblage. Patrick Lucey, John Anderson's running mate, spoke last Monday to an SRO crowd at the Squire Conference Theater. Lucey is.not a particularly charismatic politician. He is a fforid complected individual of average height, possessing a .-pair of ice blue eyes (somewhat magnified by the lenses of his glasses), a thick head of statesman-gray hair, and the broad, patient face of a Wisconsin dairy farmer. Lucey was whistlestopping Buffalo, the Murmansk of the deteriorating American Northeast, hoping to drum up support for the flagging Anderson campaign. Anderson had originally intended making the trip to Beau Fleuve himself, but was called away at the last minute to portray the "Man from Glad" in the popular trash bag commer- cials. Anderson has been forced into such unorthodox fund Lucey tossed out a few oneraising tactics because of liners, mentioned chicken changes in the Federal Cam- wings, the Bills, the weather, paign Funding Laws. and Jack Kemp (whom he The Vice Presidential can- facetiously called a "near didate was a bit late, and the great"). Believing that he had waiting crowd was treated to thus secured the required the musical gifts of one Glenn foothold of intimacy with the Wallace, a local folk singer crowd, Lucey quckly moved to and comedian. He proved to attack Jimmy Carter, and in a be more of a comedian than a lesser fashion, Ronald Reagan. musician, and his excrutiating The Vice-Presidential canrendition of the Jerry Jeff didate also delineated Ander- temerity to suggest that by Arthur Scott Garfinkel Patrick Lucey, the VicePresidential candidate on John Anderson's Independent ticket, spoke Monday afternoon at Squire Hall. Being a bonafide executive office hopeful, Mr. Lucey is entitled to Secret Service protection. wondering whether she'd be The issue before us is deterworking again on the weekend mining the evidence that idenor all night doesn't allow the tified the Secret Service autonomy Blumenthal enjoys Agents to the audience in attendance. in teaching. cont'd, from page one in the History of Science. In 1973 she received a masters Would she recommend the same course to anyone thinking of teaching? "It depends," she says. "For me it was a great | thing to do." The caveat, she adds, is that the prospective teacher should consider practicing in a firm which does work in his or her area of interest. Blumenthal doesn't regret practicing. It taught her' "how things work, how the law is really applied." She notes that antitrust practice in particular reflects a large part of the law which the casebooks k omit. While at Skadden, Blumenthal assisted in completing the first supplement to "Acquisitions Under the Hart-ScottImRodino Antitrust provements Act." The treatise took three partners and three associates several months to complete and was finished only recently. While Blumenthal admits it made her an expert in certain areas of antitrust, she is relieved she won't be available for the next supplement. Professor Blumenthal likes the pace of Buffalo, but was taken aback recently when the Buffalo Chamber of Commerce arrived at her house to film a commercial and stayed all day playing Buffalo's theme "psychological income" song over and over. A bit associated with working in a homesick, Blumenthal has conlarge firm involved in large fided privately that the -Bills deals. Nonetheless, "constant- are "almost as good as the ly reporting to partners" and Broncos were." ("The Independent John Anderson's addresses crowd at Squire Hall. son was a tool of the Trilaterial Commission (which has become the new Boogeyman of the New Left). Lucey fielded this question/polemic with some aplomb, stating that he felt no need to apologize for Anderson's connections with that organization, and DiVncJeazomes .running mate, Patrick Lucey, himself considered the Com- mission merely a counter to OPEC and various Third World organizations. With that retort, Lucey exited to a standing ovation and the whirring sound of Nikon he motor-drives. Nothing "Secret" About Lucey's Secret Service Protection Blumenthal Likes Buffalo degree, took a look at the job market and concluded that "investing time and money irTa PhD. was fruitless." Law school was a possibility, as Blumenthal had previously worked for attorneys but was of the belief that "what they were doing was interesting but I wouldn't want to practice." Instead, in an attempt to begin the teaching career she knew all along whe would settle into, Blumenthal joined Vista. From 1974 to 1975 she taught in the Hartford, Connecticut Public High School Alternative Learning Center. It was during this time that Professor Blumental's interest in law became well enough defined to persuade her to go to Jaw school. As a result, after leaving Vista she attended University of Denver School of Law from which she graduated in 1977. Blumenthal accepted,.in her desire to get practical experience for teaching, an offer to join Skadden Arps in New York City to take advantage of the opportunity to see how those in the trenches perform. For the two and one half years shewas with Skadden, Blumenthal wdrked in the antitrust department. While young associates don't face precisely the same anxieties young instructors face in class, Blumenthal points put a Ander- Bufalon ") Seven or eight' Mormons or marched through Squire Conference Theatre (right/left) to the platform where Governor Lucey was to speak. As they passed by my eyes wandered up the back of their individual heads. But individuality was lacking in their respective hair styles. The backs of their heads looked as if Lord Toronaga had just finished doing the cutting. If their dollar seventy-five, the-barber haircuts were not Aryans conclusive, their protruding Sam Browne four inch leather belts holding up the 357 magnums put the audience's curiosity at rest. One would think that the Secret Service, which prides itself on its covert operations, would try to be less obvious or more secretive, but one must not overlook the fact that the Agents each had on different color three piece suits. Profs Say Dean Got "Bum Rap;" Feel NY Practice Not Essential tended to focus on understanding rules and how to use We are writing in an attempt them, they should provide apto set the record straight about propriate training for the prothe future of the New York cedural issues covered on bar Practice course, an issue which exams. Of course, certain has received much attention in specific provisions of New recent editions of your York procedure must be learnnewspaper and in the halls of ed. Indeed, since the Bar Exthis law school. The student aminers do not permit students perception of this matter — at to bring the CPLR into the exleast as embodied in Opinion am, some memorization of seems to us to be CPLR provisions is necessary. reports based upon a number of Such memorization is best acmisconceptions. After they complished by. students imlearn the actual facts, we hope mediately before the examinathat the students will tion and can be more than adereevaluate their positions in quately done in the context of any reputable bar review the matter. The first misconception is course. The second misconception that a law school New York Practice course is an essential is that the New York Practice prerequisite for the Bar Exam. course is academically We strongly believe that this is necessary. We do not believe there is a significant enough not true. The other Civil Procedure courses in the cur- distinction between the riculum give students an federal and New York systems understanding of matters pro- of procedure to justify a four lecture course cedural adequate to prepare credit them to cope intellectually specifically concerned with with anything the Bar Ex- the CPLR in addition to the aminers may throw at them. three courses in federal proThe basic'skill in handling procedure and jurisdiction curcedural issues is not knowing rently available. The third misconception is what the rules are, but rather understanding their purpose that the Dean hasv been and knowing how to use them. somehow conspiring to Since each of our courses is in- remove New York Practice To the Editor: — J from the curriculum. The fact of the matter is that after the sad news of David Kochery's untimely deathreached us, the Dean discussed the future of the New York Practice course with us as a group. It was our unanimous view that the New York Practice course should be discontinued. Still, the Dean has consistently sought to develop an alternative approach to a course in New York Practice which took into account the wishes of the -students. One of the principal reasons we have written this letter is because we think that the Dean is taking a "bum rap". If there is any person or persons responsible for a decision not to offer a New York course, it is the Civil Proceduralists on the faculty. The four credit New York Practice lecture course is being dropped not because no one can be coerced into teaching it, but because we believe it'is largely duplicative and, therefore, unnecessary. - Robert Berger Marshall Breger R. Nils Olsen Paul Spiegelman < Associate Professors of Law October 16,1980 \Opinion « i < .. Ill.il; .r.i.i^\i y 3 �Professor Spanogle Will Visit Egypt as an opportunity for education and cultural enrichment for himself and his family, who will accompany him. "My wife is an amateur Egyptologist," he said. The Spanogles visited Egypt about three years ago and "enjoyed it enormously." Spanogle hopes to share his forthcoming Egyptian experience with his students by eventually expanding the scope of his International To Assist In Agricultural Program by Heather Byrne will explain the regulatory tian regulatory system for system as it relates to Professor John A. Spanogle agricultural specialists af- agriculture." A wide range of is traveling to Egypt this jfiliated with the University of topics will be covered, inJanuary. He plans to prepare a California at Davis. cluding water rights, land marketing and financreform, the Spanogle explained that IUniversity at Davis has an ing. While Spanogle has had exagricultural extension program experience elucidating tensive agricultural Cairo and the in statutes and regulations, his experts there were encountering difficulty in fitting their formal exposure to the Egyprecommendations into an tian legal system is limited. Egyptian legal context. "The However, the professor mainbooklet," Spanogle said, "will tains a lively interest in Egypt, Professor John "Andy" Spanogle be directed to Americans. It and views his four month visit -, booklet interpreting the Egyp- < Authors wishing to enter the 1981 Federation of Insurance Counsel Foundation Student Essay Contest must submit their entry on or before May 1, 1981 with letter indicating school and eligibility (2nd or 3rd year law student at ABAaccredited school). The subject for the essay is any insurance related subject, including trial practice of insurance litigation. 1 ■ •J^^asr-rs:^ , »"^»»'»», y «■»■■! course. In Midtown Manhattan, only BAR/BRI has consistently oHered two live sessions (morning and evening) during the summer course. Afternoon videotape replays are available. In our largerlocations outside Manhattan, we offer videotape instead of audiotape MaWm\ ■ ■■Wl Mw mMWamIMmM £0- J aM\ llBBlwilBllI" ■■!] lt*S lIbI WIIW ■ I ■Nil. V|WW |VVI mm mi am Locations already guaranteed videotape for Summer 1981 include: Albany, Boston. Buffalo. Herripstead. Ithaca. NYU/Cardozo area, Queens Count/. studying for the m\ m\M\ ' QUI ■low Elf Wm YmWrm Vnnf mg\ Wk KQI* LJUI _ ■ ■ "*»»"■■■ mmwmmMm mma. fsa s»»i • % TUev did so because: , „„, I BAR/BRI offers written summaries of all the law tested on Ihe New York Bar Exam—both local law and Multistate law. Studentslearn the substantive law before going to class Class time is spent focusing on New York Bar Examination problems, on hypotheticals and on fhe substantive areas most likely to be tested on the exam wiH include hundreds of Multistate and New York local multiple-choicequestions, and inrai Now YnH, oocau« included are questions to be done at homeand questions done in class under simulatedbar exam conditions. Selected Multistate questions will be computer-graded, and selectedessays will y ....... +c™^^7^cZ^. IS^^S^ courses summer • ...... —. V|u* expert, on substantive law. They high pas. percentage. At most mapr law schoolslast year, students taking BAR/BRI passed theNew York Bar Exam on Ihe ftsf fry with a percentage in the 90s and high 80s v BAR/BRI has an unparalleled testing program-forboth the Multistateand New York local portions. The testing save valuable study lime and minimize the note taking necessary in a BAR/BRI #isss»xi»»i.bi Twice as many as all courses combined. • • m**™?™*-*-**—** m »Pcla»hypoth«icals. Thesehandouts ■■■•■■■■ took BAR/BRI. other! I J am ' ■ edandai,k,Uedby New York attorneys.. —■ have accurately forecast many of the questions appearing on past New York and Multistate bar examinations. The faculty is composed of prominent lecturerson New York law. Muftistale law and ,ne New York Ba Examination The 198! faculty will include ' * > B^K Renee Lapides Francine Bruno Joan Warren 4 Opinion October l 16,1980 Y Mußls,a,B BAR/BRI offer. • free fran.ter Albany Manhattan Brooklyn New Haven Newark ■ Charlottesville Queens nM ?Boston *" (NYU-Cardozoarea* Butlalo Durham BAR/BRI has the only New Yorkbar appose S2SSL, n r Hempstead *Smm, PMatWpnia County Rochester Suflo* County Chicago review lecturer ever to receive five minutes of forhis tectureon theRule Against Perpetuities policy. a stu(jent signs up tor New York, does not mark his orher books and elects to takeanother state bar instead, all monies wi *>• transferred to the BAR/BRI course in that state / course locations for 1981 include (HMtown)i.w locaMn Sutt, \ Bar Review. See one of the following student representatives before October 31,1980: Leslie Wolff Michael Chakansky Rosemary Gallick Erik Lindauer admitted to Ihe New site, Ireefy .witch location.. Anticipated , ', ' ' One New York's Number Carla Gersten hp BAR/BRI offersthe widestselection -■ol course and allowsstudents to , 40 Sevenm Avenue Suile 62 Doric H. Benesh Therese Rahill ffi£«EL^MulS»B* and anottle ' °* °**" alln»R students In " Prof Richard Conviser, BAR/BRI Staff Prof Richard Harbus, New York Law Prof. Stanley Johanson,U of TexasLaw Prof, Kenneth Joyce, SUNY BuffaloLaw Prof Gary Kektet Syracuse Law Prof JeromeLeitner. Brooklyn Law Prof John Moye, BAH urn j ill Prof John Nowak. U. of Illinois Law oi Alan nesra*. HotstraLaw P"o Faust Rossl CornellLaw Prot Roberl Sco u ol Virginia Law "BRI S,a P'o William Watkins, Albany Law Prof, CharlesWhitebread, U. of Virgmia Law Prot Irving Younger. Cornell Law " BAR/BRI oners ■(pedal "Tito 2 Bar Exam. "'" program. Thisprogram ——„ fJH ' /CN/IUK lm m N e* *>'* New Yoik 10001 / llVfl II m MM jf ?12'»4 :.896 \^i^\^U 0 I essay selected for publication in the Federation of Insurance Counsel Quarterly will receive an award of $250. other contest. By submission each entrant thereby assigns to the Foundation all rights, to the essay. It is the policy of the ! Got Time to Read and Write? LSD members interested in Foundation to return and release the assignment of the writing book reviews on currights of all but the three win- rent legal literature for the ning essays and any other that "Books for Lawyers" section the Editor of the Federation of on the ABA Journal should Insurance Counsel Quarterly send writing samples, parconsiders worthy of publica- ticularly published work, to Carrie L. fledges. Book Review tion. First prize is- $2,000, second Editor, ABA Journal, 77 South prize is $1,000 and third prize Wacker Drive, Chicago IL is $500. An author of any other 60606. Essays should be about 10,000 to 12,000 words in length and must be an original copy on HVi" x 11" white paper. Footnotes and style should conform to "A Uniform System of Citation". The title, author's name and school should be typed on a separate sheet, and only the title on page 1 of the essay. No essays will be accepted unless prepared solely for this contest by one author, has not 12TCt ClHlffllfir Ilfl. UNfll place to start." been previously published, and is not to be submitted in any Essay Contest Scheduled Essay Contest Commercial Transactions course to include third world countries. "Very little has been done in this area," he said, "this trip will give me a good Arthur Scott Garfinkel Jay Marlin Paul Israelson Winston Ellis Patricia Jayne "Flip Charts" Aid Students by K. Spencer Contrary to previous impres- sions, the racks which were recently installed on library stacks are not for crying towels or for chin, ups, but for the library's latest effort in demystifying legal research. The flip charts now hanging are short instructional guides to the basic legal publications of case, statutory, and administrative law. Specifically, they cover En- Legal cyclopedias, Federal Court Reports, New York Court Reports, Case Digests, McKinney's, the U.S. Code, the Code of Federal Regulations and Shepard's. Each chart includes informa- tion on the purpose, arrangement and method of updating and follows through a specific research problem to demonstrate the use of the legal publication. For easy reference, the charts hang on the stacks containing corresponding materials. The charts, a Spencer/Cascio production, were designed for the widest audience in an effort to aid unfamiliar law students as well as the ever increasing lay population -who use the library. They contain the bare essentials for making the legal tools functional. Legal research is a vital part of the profession. Anything that facilitates learning the use of basic research sources saves timeand creates a better foundation for developing legal strategy and writing proficiency. The producers welcome any feedback as the charts are currently under consideration for publication. Freedman to Give Lecture Professor Monroe Freedman, reporter for the American Trial Lawyer's Association, American lawyer's Code of Conduct, will speak on ■"A Code of Ethics for the Legal Profession" on Tuesday, October 28 at 3:30. p.m. in the Moot Court room. Freedman was former. Dean of the Hofstra Law School and author of the influential Lawyer's Ethics in an Adversary System. Freedman also serves as Director of the United States Holocaust Memorial Council, an organization recently created by the United States Congress. Freedman's talk is arranged as part of the first-year ethics course but is open to all law students. SBA Party «,«,..„..-, Friday, October 17 Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto v at 3 p.m. 3rd Floor Be There! Alohal �Students Enhance Oral Communication Skills by Bob Siegel Newman, "If you become more involved in your speech, The Law Students' Speakers the message gets across Croup, a newly formed better." organization at UB Law The aim of the group is to School, may prove to be of "bridge the gap" between the vital importance in assisting speaker and the listener; to imlaw students in enhancing their prove the quality and clarity of oral communication skills. the message the speaker is senThe goal of the organization ding. It is hoped that this will, is to teach students to be effec- in turn, enable the listener to tive public speakers; not to br- better understand what is being legal scholars to the school ing sent. The message is imto speak. proved through criticism. As The Law Students' Speakers Newman points out, "Criticism Croup is organized as a is designed to alert the speaker workshop. Matt Newman, cur- as to how he can improve his rent President of the organizaspeaking and communication tion developed the jdea for skills." this format. The workshop forThe communications mat enables the student to par- workshop is divided into seven ticipate. Students at workshop sessions. ■ sessions don't merely listen; In the first sessi6n. Professor they speak, learn, and criticize. Charles Petrie from the DepartThis participation, combined ment of Communications with constructive criticism and discusses the "Principles of Effeedback given on an in- fective Public Speaking." The dividualized basis, teaches the student how to structure a speech and also provides invaluable experience in oral communication. According to stage. Everyone presents a 3-5 minute speech on any topic they choose. The third session is just an extension or the second. The topic stays the same while the time period is extended to ten minutes. These two sessions provide the student with their initial stage of participation. The unstructured nature of the setting allows the first-time speaker to relax. The fourth session is more structured. A legal case is used so that ah arguable question is presented. The goal is the creation of a persuasive ten minute summation. Since the purpose of the group is "to teach effective speaking" in general, courtroom form and procedure are deemphasized.The fifth and sixth sessions again deal with the legal summation mentioned previously. At this juncture, however, each student will give his or her ten guidelines he lays out provide minute summation in front of 4 a base upon which the student or 5 critics qualified to can build. evaluate the performance. The second session can be Each student will be given a considered a "feet-wetting" one-half hour time slot in which to perform and receive criticism, with possibly the opportunity to re-perform if time allows. As of now, the critics consist of professors and. trial technique instructors. The group will try, in the future, to attract actors and bodylanguage instructors to assist in the criticism. his speech is concerned. A per- cap not criticize a speaker's persuasiveness if the speaker doesn't even have a grasp of the material. An analogy to an actor is appropros: the director can't son show the actor how the scene should be done if the actor can not even remember his lines. "Students don't know their The Law Students' Speakers potential," Newman says. "They don't know what their limits are we want students to see what they can do with speech." To give students the ability to see what they can do, the speeches given in front of the critics will be video-taped — for later viewing. The seventh, and final ses- sion, is an exact duplicate of the second session. The student gives a ten minute speech on his original topic. It is hoped that noticeable improvement will be shown. The repetitive style of the workshop is purposeful. Repetition means that the student will be prepared as far as the substantive knowledge of is in its embryonic Once developed, however, it may become a valuable asset to the law Group stage. school. The sessions this semester involving the critical review will be held at the law school on October 20, 21 and 22 from 7-10 p.m. All interested students are welcome to observe the summations given at this time. For more information concerning the organization, contact Matt Newman, Box No. 469. . SBA Seeks Assistance The Undergraduate Student Association is attempting to increase student participation in various Faculty Senate -Committees. There are a number of appropriated the committees that are crying out by Legislature to the School. for student membership. These Local Assemblyman John include the committees on Sheffer has asked BLP to ex- Academic Planning, Grading amine the constitutionality of Policy, Admissions, Teaching this fiscal maneuver. Quality, and so forth/Those inBLP members will soon terested in participating in this decide what projects they will collegia I program should conundertake for the semester tact Matthew Modica, SBA Later this semester, BLP will Vice-President. solicit projects from interested "The law, in its majestic legislators. As Nowak concluded, "We feel we do a public equality, prohibits the service and add much to the rich as well as the poor school's legislative work. from sleeping under We're optimistic for the bridges at night." BLP Investigates Timely Public Policy Issues by Marc Ganz The Buffalo Legislation Pro- ject(BLP) has been asked to investigate a wide range of public policy, issues for use in the next legislative session by state and local legislators. According to Jeremy, editor of BLP, "the topics are timely and of concern to citizens across New York State." Both conservative, and liberal legislators are participating in the BLP program. They have asked for advice in statutory areas ranging from open meetings law revsion and energy education to higher education financing and foreign ownership of local farmlands. For example, Senator James about homeowners victimized state's farm lands. BLP by soil erosion or flooding. The members will explore constituBLP proposal he submitted intional issues involved in volves drafting a bill setting up restricting land sales. Senator a financial assistance program LaValle is the Senate Higher for the soil erosion victims. Education Committee ChairThis BLP project exemplifies man and a longtime ally of the program's public service SUNY. Thus, SUNY students function. In addition, it never may have an opportunity to hurts to have an ally like the help an individual who helps Majority Leader at budget keep down tuition costs. time. Perhaps the most important Another ally at budget time issue at UB has been the imis Senator Kenneth LaValle poundment of UB funds by the (Rep.-Suffolk), who has asked Governor's Division of the for assistance in researching Budget. The DOB has stopped foreign ownership of the the payment of money already future." , Loophole© by hal matohow Donovan (Rep.-Chadwicks), known in Albany for his antiabortion and pro-death penalty stances, has asked BLP for advice on two policy issues. The first proposal involves setting up a series of local educational programs in energy conservation education. Mr. Donovan, the Senate Education Committee Chairman is also asking for bill-drafting assistance to1 aid efforts to revamp'the vocational education (BOCES) field. Both of these areas are of great concern to government leaders as they attempt to cope with energy and unemployment problems. Assemblyman Liberal Robert J. Connor (Dem.-Spring Valley), known in Albany for his environmental and corporation reform efforts, 'has also asked BLP to launch a study of legislative management systems, with an eye towards cutting waste from this state's legislative branch. Assembly Majority Leader CatDaniel Walsh (Dem. taragus County) is worried - October 16,1980 Opinion 5 �Record Rack Christmas Releases Begin With Two Major Live Albums by Mike Rosenthal tramp. Kenny Loggins has Other excellent perfordeveloped a rapport with an mances include the Beatles' There, and audience unequaled by many "Here,, bigger stars. He manages to get Everywhere", "I'm Alright", incredible audience participa- "Now And Then", "Junkanoo tion. He delivers a wide range Holiday", "Keep The Fire", and of music, and never stilts one "Celebrate Me Home". The aualbum because of a concentra- dience participation on the lattion on the music from his ter illustrates what his fans latest ones. Furthermore, he is have known for a long time, in always writing and therefore, concert Loggins' is, truly new songs are always bound to "Alive". crop up in performance. And What separates .further still, his love for good Supertramp's "Paris" from music never over powers his most live albums js the fact pride and he will perform that this album really was one someone else's song if he feels concert recorded on one night. that the song is of sufficient Considering this, the quality of merit. ex- Kenny Loggins "Alive" Supertramp "Paris" This is the time of year when who aren't ready with new material for a new studio set usually throw together live material for a live album, or hit studio material for a "best of" collection. Such collections always seem to monopolize the holiday season record retail business and last most major acts year's two biggest sellers Don- na Summer's "On The Radio Greatest Hits Volumes I and II" and the Bee Gees "Greatest" demonstrate this. However, all too often the albums seem like they were thrown together with no other purpose than to capitalize on the market situation. The Greatest Hits albums put out for the Steve Miller Band two years ago, and the Electric Light Orchestra last year were not backed up by hits spread out over enough albums to justify such collections. Last These factors all gel together on "Alive" to create a magical musical tapestry. From the opening notes of his first solo single, "I Believe In Love" straight through to the last notes of his recent single "Keep The Fire" it is obvious that Loggins enjoys performing, enjoys getting his audience involved, and puts his all into the concert. Many of the songs sound even better here than their studio versions did. "Angelique", an overlooked song from his Nightwatch album is given a virtuoso performance "What A Fool Believes", a song he co-wrote, here comes a lot closer to the melodic funk of the Doobie Brothers version than this original, pre-Doobies, version year's live Village People album suffered from that problem as well as the fact that there was nothing about the group that a live album could expand upon. Gratefully, this is not the case with either the live albums recently released by either Kenny Loggins or Super- did. "Portrait of Teresa" to be Shown Here This Week Portrait of Teresa, an explosive new Cuban film which is showing at the University this Friday, raises issues that go right to the heart of the Cuban woman's situation. Focusing on the' personal, human problems created by the revolu- tion, the film has stimulated enormous debate within Cuba about the changing nature of the relationship between men and women, the effectiveness of the new family code, the relationship between material conditions and sociopsychological attitudes and the existence of the still prevalent "double standard." Teresa, harried young mother and textile worker, puts in a typical long day of cooking, laundry, cleaning and factory work. In addition she works at night as an organizer for her factory dance troupe, a job that she performs well and needs in terms of creative outlet and self-esteem. A slapping brawl results when her husband angrily accuses her of "neglecting her sacred duties as wife and mother." Her response, "What about my life as a human being?" brings out into the open the conflict between woman as part of the traditional family and woman "Men are men and women are women, and even Fidel can't change that." The fact that the film has already been seen by onefourth of the Cuban population and is still being hotly debated indicates that perhaps the Cuban people are ready to tackle the issues of women's lives at a higher level ef struggle than has previously been the case. According to the film's director, Pastor Vega, "the traditional family, inherited from Spanish society; is in a state of permanent crisis because the stimulus provided the Cuban woman by the revolution has made it clear which using modern technology and several concert dates sound very sharp and clear. Surprisingly though, this has about the best sound quality of any live album that I have ever heard. The song selection is a pretty even distribution of cuts from the last four albums with the addition of one new cut. Several of. the songs were slightly rearranged to have more of the Breakfast In America Supertramp style, but none were altered enough to alienate a fan of the original version. The hits are here, for the most part, as are many lesser known, but equally deserving cuts. All in all. extremely listenable because of the voice performing them. Teddy Pendergrass "T.P." This is the finest album by The best female vocalist of one of the best soul stylists our times, in terms of range around. Pendergrass has a and artistry, has flirted with smooth soulful voice which he disco a few times in recent knows how to put to good adyears and has come up with vantage. There are more two good, but eventually ballads than any of his other grating hits in the form of "The albums, and the uptempo Main Event" and "No More songs are less disco-tized than Tears (Enough Is Enough)". his other uptempo songs in the Therefore, when it was learned past have been. His remakes of that Guilty was to be com- Ashford and- Simpson's "Is It pletely written and produced Still Good To Ya" and Peabo by a Bee Gee (Barry Gjbb) one Bryson's "Feel The Fire" are far had to ponder what 'musical superior to the original verdirection she was heading in. sions. The latter is one of the Would this be an album of album's two duets with typical Bee Gees disco-based Stephanie Mills and the two of music? The release of the first them sound great together. singel "Woman In Love" The album's top cut however is answered the question. First, it the current single "Can't We was a ballad. Secondly, her Try". Its intensity, sincerity and voice was used to its full beauty are what make capability. Thirdly, although Pendergrass tops in his field. there was a heavy influence of Barry's musical stylings, the Jethro Tull "A" song was Barbra's. This is pretTull is still making good ty much the way the album albums but they are all beginngoes too. Even on he most Bee ing to sound vaguely familiar. Gee's influenced song, one of While some of this album is Barbra's two duet's with- Barry quite pleasant listening, Cibb, "Guilty", it still sounds nothing here sounds fresh or as if the song was written with new. If lan Anderson has run Barbra's unique abilities in Out of ideas, maybe altering mind. Barbra is in top form his band is not the answer. here, and while all the songs Maybe, he should seek out are not of the same level of some outside writers to inject quality as the two aforemen- some new life into a dying tioned songs, the songs are all group. Briefly. Barbra Streisand "Guilty" - UUAB Music Committee and FM 88 present An Evening of Latin Jazz with Airto and Flora Purim ' that this familial structure won't work any more." Notwithstanding the absence of a Cuban revolution in this country, the relevancy of Portrait's themes to our own changing society is clear. The film, cosponsored by the Women's Liberation Union, the National Lawyer's Guild and Women Studies College twill be shown on Friday, Ocitober 17th at 150Farber on the , , ,, Main Street Campus and on Saturday, October I.Bth at the Langston Hughes Center, 25 High Street. Both showings are at 7:30 and will be followed by an informational discussion about Cuba today led by two *women recently returned from iCuba. A donation of $2.00 will be requested on Friday; child care provided for both show- as a full member of Cuba's revolutionary society. When Teresa complains to her mother about the unfairness of the double standard tnat subsequently allows her husband to save his ego by having an affair, her mother replies. ings. < Opinion October 16,1980 6 the overall sound would be pected to be of a poorer quality than many live albums . Supertramp has lived up to its reputation. On Wednesday, October 29, at Bp.m. in the Granada theatre. Tickets are $4.00 for students and $6.00 for non-students. The International Law Society Open House Thursday. October 23 Those interested in, joining should make the effort to attend. Coffee and doughnuts will be served to the deserving. Room 604, 9 a.m. to 1 p.m. �Pep Talk Reflections On Seasons Beginning And Ending to improve their product. In my opinion, the National League ow.ners made a big mistake in voting against using a designated hitter in their The DH,.as used in the American League, has helped keep many older, popular players in the game, which boosts attendance. It also avoids having to watch Nolan Ryan bat four times a game. Many National League by Joe Peperone players, who are still excellent hitters, such as Joe Morgan Once again we enter the and Willy Stargell, could promonth of October, the sports long their usefulness and fan's opium. Baseball is win- careers by years if the DH rule ding down toward the World is introduced in the National Series, the football divisional League. Let's hope the owners races are starting to shape up, see the light next year. and hockey and basketball Would you believe.. as of teams are beginning their this writing, the Buffalo Bills 1980-81 seasons. It's as good a are the only undefeated team time as any to look back, at in the NFL. My 10-6 prediction what has been happening in looks pretty good at this point, sports, what is happening, and but it will be a battle for the team to qualify for the what is to come. Baseball 'has had another playoffs. Their schedule is the record year in attendance, toughest in the NFL, and even fueled by three divisional the "weak" teams they have to races which weren't decided face, such as Baltimore and until the last weekend of the Atlanta, are also having exseason, and the torrid bat of cellent years. George Brett, who ended the What has surprised so many the best people about the Bills, as a reyear batting .390 average since Ted Williams hit cent Sports Illustrated article noted, is that they've ac.406 in 1941. games next year. - . — While baseball's popularity complished their amazing seems endless, the turnaround on defense with owners should continually try essentially the same personnel boom s last year's squad. Isiafi players on the ice must move Robertson moving to his to "neutral corners", one for natural right side linebacker each team. Failure to do so will position and Fred Smerlas result in a"'10 minute misconreplacing Mike Kadish at nose duct for the offending players. tackle are really the only As for the fighting players, if changes one persists in his battling after There has been only two the, referee and the linesmen new starters in the offense as have intervened, he will get a well, but they've been a big two minute penalty in addition reason why the Bill's offense to his fighting penalty. The has been so effective in both league hopes this threat of scoring points and eating up leaving their team -shorthandthe clock. Conrad Dobler has ed will deter fights, or at least helped the offensive line long ones. However, it remains become potentially better to be seen whether the referees than the old "Electric Com- will actually use this lever pany" of the O.J. days. This against certain players of cerline can block for the pass as tain teams. All too often, the well as the run. And you can't referees have just given the say enough about Joe Cribbs same penalties to each player he's brought, a new dimen- involved in a fight, despite the sion to the offense, through fact one w.as the agressor, both his quickness at bursting which has an through the line and his ability unskilled player on one team to catch the ball on short patto beat up on another team's terns. * quality player, knowing ifitboth will Depth is still a big problem go to the penalty box with the Bills, especially now help the unskilled players' — — that injuries have hit their teams. secondary. But if the team can win two of their next three games, against Baltimore, Miami and New England, it may just be playoff time in the snow-belt this year. In hockey, the season will The biggest story in NBA basketball is happening off the court. Over the summer, it was claimed by a Los Angeles newspaper that perhaps up to 75% of NBA players use cocaine on a semi-regular basis. start with new rules, which will Needless to say, this hasn't set hopefully curb violence on the too well with NBA Commisice. If a fight-breaks out besioner Larry O'Brian, who has tween two players, the other appointed a commission to ma- Which Model Does The Public Desire? by Alan Beckoff "May I help you, ma'am?" young man. My nephew's birthday is coming up and I'd like to get him something special." "Do you have something that's tough, honest, and right for the 80's?" "I'm sorry, but the Howard Baker model didn't sell too well and we had to send them back to the manufacturer." "What's that one over there? It looks very Presidential." "Oh, the John Connally "Yes, "My, that sounds very expensive. How about that one wearing the shirt with the little alligator on it?" "The George Bush? This one started out selling like hotcakes, but then the momentum ran out. Now we give it away free with every purchase of that one on the right." "The one in the cowboy out- fit?" "Yes, the Ronald Reagan model It's becoming very, popular with people who wouldn't consider buying it a few years ago. But for some reason, the time is now for' manufacturer model. The spent over $11 million in R&D Reagan." "Perhaps some other time. on it and had only one buyer." Do you still carry the John and Jackie set?" "No, ma'am, but we did have a Kennedy model, which was put out by the same manufacturer up in Boston. Funny thing about this model the manufacturer took a — LAWYERS WANTED! \ mwfr^mmmrk \V? VISTA, Volunteers in Service to America 1280, 4 p.m Information meeting: November 10,9 s.m.-5 p.m. 12, 1980, Interviews: November Locations/Appointment for Contact Placement marketing survey and found strong demand for an updated version of the John Kennedy model. So he flooded the market, but the demand dried up pretty fast. The day after the model was discontinued, the demand increased again. Now the manufacturer suggests that if you liked the Ken- nedy models you'll be just as pleased with this one." "The Jimmy Carter model? Oh, no, I bought one of those four years ago. It was a wonderful novelty at the time, but soon I wished I had stuck with one of the old models." "Why?" "It wasn't acting very presidential. And now that its warranty is up for renewal, the Carter model is suddenly acting very Presidential. Too Presidential, I think much like the Nixon model was before we had to throw it out. We gave it plenty of electricity, but it was just abusing the power. That's what the Carter model is doing now." "Maybe you would be interested in the John Anderson — the charges. It's not the only problem he has either. The NBA had yet another year of poor TV ratings, with many markets, such as Buffalo, not even airing half the games the network feeds them. Attendance is down for league games, and a new franchise, has been given to a city which has had a history of not supporting basketball teams, Dallas. Will Darrell Dawkins break a few more backboards vestigate this year? Stay tuned. Finally, I'll come clean. I gave up a chance to go to the Peter, Paul & Mary concert last week and went to the HolmesAli fight at the Buffalo Convention Cerffgr. I was betting on being in on some history, but I was sadly disappointed. The fight was a farce; Ali was never in it. Word now is that Ali is claiming a certain drug he took was responsible for his lackluster, tired performance in Las Vegas, and that he may come back once more. My advice to him is to retire with some grace. It was no coincidence that the fight was scheduled on October 2nd, just after government checks came in the mail. A lot of people put up needed money to watch their hero, and if what I heard after the fight from various people was true, people were not merely disappointed, they were angry. The mood of the people seemed to be that they had been rippedoff. I don't think they, and I, will be so easily fooled again. you can't Remember, Ali fool Mother Nature! — model. This and the Reagan were originally put out by the same manufacturer, but earlier this year the Anderson division of the company went independent. It seemed inevitable ever since the Rockefeller model was discontinued. Interestingly, the Anderson model is attracting more potential Carter buyers than Reagan buyers The Carter manufacturer's R&D division also did some tests and found that the Anderson model somehow draws power from the Carter model which is then transferred to the Reagan model, which then goes wild and wrecks the house. In fact, the Carter slogan is 'A volt for Anderson is a volt for Reagan." "Do you still have the FDR model?" "Not anymore. The Ted Kennedy manufacturer salvaged what was left of those to make his model." "Maybe I'll just get my nephew a model airplane." "Well, a subsidiary of the Carter company just put out this new one called 'Stealth. .." October 16,1980 Opinion 7 �Survey Depicts "Typical Freshman" Who would you be if you were "The Average Freshman" entering U.B. (aw school this fall? Where did you come from and how did you get here? Where do you think you will be going? Allan Canfield has recently tabulated the results of a survey of the in-coming class taken at Orientation. Of the 282 first year students, 149 completed the voluntary survey. Please bear in mind as we attempt to reconstruct "The Average (and only the responding) Freshman", that is roughly four-sevenths of the typical 1950's family, having one mother, one father and 2.3 children. Your father is just as likely to be a professional (nonlawyer) as a blue collar man. Your parents' combined income is probably between $21,000 and $30,000, a low to average figure for Buffalo. There is a 40% chance your mom is not working outside the home.. It is not surprising the "Average Freshman" is low on cash; 66% of the survey respondents cited loans as their chief means of support during law school. 42% of the answering class' expects to go into debt in the amount of $10,000 to $15,000 in three years. Odds are 9 out of 10 the "Average Freshman" is not a veteran. Now both sexes probably hope that statistic holds true for the next few years. In terms of the future, you probably plan on staying in Buffalo, or going back to your home part of the state. More people plan on staying* in Buffalo than grew up here. The same is true for those planning to live in New York City. If you are a New York State native, you are more likely to be planning to live in another state after graduation than New Yorkers from previous classes. The most surprising thing class. Of those answering, the "Average Freshman" has a 59% chance of being maleand a 40% chance of being female. 1 % were apparently undecided. This ratio is a substantially accurate representation of the actual entering student population. Minority students comprise approximately 7% of the class. If were you average freshmen answering the survey, there is a 41 % chance you came here directly from undergraduate school or had taken off but one year. If you didn't come here directly from college, you've probably waited at least four years before returning to academia. You would have a 32% chance of being between ages 23 and 26, and a 25% chance of being over 30. Otherwise, you are probably 22 or younger. As an undergraduate, you worked hard, studying about 25 hours per week. Your bachelor's degree is most likely in the Social Sciences, Business or History. You would have only a 13% chance of having earned any degree beyond your bachelor's. When you applied to law school, you either applied only to U.8., or you applied to five or more schools. You are more likely to be married than if you had entered a few years ago. But you probably don't have kids. Chances are, you grew up in Western New York. You are clearly more likely to be from New York State than any other state. You probably came from a Parking Tickets Pose Problems cont'd, frompage one guaranteeing them $40 for, perhaps, a single one-hour court appearance. "If it comes down to paying overtime or letting the tickets get dismissed," continued Griffin, "I guess we're going to have to pay the overtime. It's not cost effective, but we'll have no choice." Cpnstitutional Law Professor Jacob Hyman referred to the situation as an example of "costs of decent process becoming prohibitive." Hyman added, "Regulations cost money and this situation is typical of the costly problems involved in assuring due process of law." Assistant Director of Public Safety Jack T. Eggert cited communic'ational problems between the North campus and the Amherst Town Court, where the cases are resolved. "We didn't know anyone was contesting tickets," maintained Eggert, "until very recently. As a result, ticketing officers had no way of knowing they were to appear in court." Griffin, in am attempt to Ba len Van Guy Campus Security Officer tickets parked car in front oflaw school. remedy this problem in the least costly manner, has assign- ed Little to the Amherst courthouse one night a-.week when the traffic cases are heard. "Lieutenant Little will serve as a deterent to all those trying to beat the system," admitted Griffin. Griffin hopes the mere presence of an Amherst campus officer will induce students to drop, in court, their "not guilty" pleas. A parking ticket acts only as a summons for the defendant to come to court- or pay his fine as an admission of guilt. Since it is not possible for the court to question or for the ac- cused to cross examine a parking ticket. Griffin's facade of having Little present would not address the constitutional issue of due process. "Little will also serve," said Griffin, "to answer any complaint questions which alleged violators may have and to aid the court with any questions it • may have regarding campus security behavior." When asked why he had not dealt with this problem before Opinion brought it to his attention, Griffin abruptly replied, "It's none of your business why officers haven't shown up in the past!" Death Sentence Recalls the Past The following is a verbatim "From every treetop some transcript of a sentence imposwild woods songster will carol ed upon a defendant con- his mating song, butterflies will victed of murder in the Federal sport in the sunshine, the busy District Court of the Territory bee will hum happy as it purabout "Average Freshman's" of New Mexico many years ago sues its accustomed vocation, vision of the future is career in- by a United States Judge, sit- the gentle breeze will tease the terests. You are most likely to ting at Taos in an adobe stable tassels of the wild grasses, and be thinking of working for the used as a temporary courtall nature, JOSE MANUEL government when this ordeal is room. MIGUEL XAVIAR GONZALES, over. Otherwise you're of the MANUEL MIGUEL will be glad, but you. You "JOSE opinion you would like practic- XAVIAR CONAZLES, in a few won't be here to enjoy it ing with a small firm. short weeks, it will be Spring. because I command the sheriff Survey respondents from The snows of Winter will-flee or some other officers of the p'evious classes generally away, the ice will vanish, and country to lead you out to thought they would prefer the air will become soft and remote spot, swing you some medium sized firms, and were balmy. In short, JOSE by the neck from a notting significantly [ less interested in MANUEL MIGUEL XAVIAR bough of some sturdy oak, and government jobs when they GONZALES the annual miracle let you hang until you are started law school. of the years will awaken and dead." At any rate, right now you come to pass, but you won't be "And then, JOSE MANUEL think you are going to a law there." XAVIAR GONZALES, MIGUEL school ranking in the "top "The rivulet will run its soar- I further command that such 25%" of all such institutions. ing course to the sea, the timid officer or officers retire quickYou -also think your desert flowers will put forth ly dangling corpse, from undergraduate education has their tender jhoots, the that vultures may descend prepared you pretty well for glorious valleys of this im- from the heavens"""upo n this endeavor. And if a few perial domain will blossom as filthy body until nothing Y°ur shall weeks of law school doesn't the rose. Still, you won't be but bare, bleached remain a thinkingjike lawyer here to see." have you bones of a cold-blooded, yet, you're convinced money and power are the last reason you came to law school. copper-colored, blood-thirsty, throat-cutting, chili-eating, sheep-hearding, murdering son-of-a-bitch." UNITED STATES OF AMERICA vs. GONZALES (1881) UNITED STATES DISTRICT COURT, NEW MEXICO TERRITORY SESSIONS A Call to All Ball Captains - A SOFTBALL CAPTAINS future issue will contain a review of the Law School Softball League. If you want some I free publicity, and like to see your name in the paper/please drop off a brief description of your team's games to date, including scores, highlights, and valuable players to the Opinion office article bin outside Room 623 by Sunday, October 19th at noon. Are Contacted Volunteers Peace and VISTA New York should call Verhulst The Corps In Service To America) have launched a major campaign aimed at contacting former volunteers in the two programs who now live in upstate New york. More than 8,060 New Yorkers have served in the two volunteer programs. Tom Verhulst, area manager for upstate, says contact is being sought with the former volunteers "tb keep them abreast of what Peace Corps and VISTA are doing now, to provide them an opportunity toll-free at 1-800-462-4243 for further information, or write the Peace Corps/VISTA Recruiting Office, 317 Federal (Volunteers Bldg., Rochester, NY, 14614. "These former volunteers," says Verhulst, "can continue to play an important role in the Peace Corps and VISTA. They are the ones who've interacted with other cultures and other segments of our own society. And that's what Peace Corps and VISTA are all about people getting to know people. to We need their opinions, their to meet with each other and get them involved as a group .help and their participation to with their own communities." Ikeep the programs vital and Former Peace 'Corps or I successful." WSTA volunteers now living in . Opinion October 16,1980 8 — Here's one for all you trekkies.. .live long and prosper! Ralph W. Peters � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-10-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/16/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/90a5ac7a0d3a96a3db6c7aee7a89e651.pdf 828a32618afb85373c4775646d7c68c2 PDF Text Text A Tribute to Chicken Wings: k^iW* Carrick Appointed Assistant Professor of Law by Linda Cohen and linda Sinclair Ba len Van leen Carrick, newly appointed Director of Law Library and Assistant Professor of Law. Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Guy Kathleen Carrick was appointed Director of the Law Library and Assistant Professor of Law on July 1,1980. The appointment was jointly announced by Saktidas Roy, Director of the University Libraries, and Thomas Headrick, Dean of the Faculty of Law and Jurisprudence. Volume 21, Number 4 continued on page twelve Opinion Opinion ["Only the apathetic have no opinion] Both expressed enthusiasm over the results of the extensive national search which recommended Ms. Carrick's candidacy. As Director of the Law Library, Kathy (as she prefers to be called), will be one of the senior administrators in the University Libraries system. The Law Library serves the John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 Happy Halloween! State University of New York at Buffalo School of Law October 30,1980 Headrick Exposes Curriculum Decision Process by Mike Kanaley "nice to have." Courses of this tions" One of the problems in type are'not taught every year, instituting courses in these In the midst of controversy instead they are offered areas is getting teachers who surrounding the deletion of an perhaps every other year. have experience in either the upper-level course in New York Whether or not these courses public or private sector. Practice, and the inclusion of a are offered often depends on Another of Headrick's confirst-year required course in the availability of personnel to cerns is not so much with what ethics, students want to know: teach them. is offered, as with what is acOn what basis are curriculum The final course group is cepted. "Too many students decisions made? Who makes that of the seminars, which tend to congregate in too few the decisions? What courses Headrick terms "particularly courses. We in the administracan we do without? What areas useful." He says "the seminars tion and faculty need to find of the curriculum can be allow the teachers to explore ways to get students to diverstrengthened? interesting problems that may sify-*tieIfc hoi c es." Dean Thomas Headrick says be on the outer fringes of some Associate Dean Barry Boyer "the Currriculum is built larger course." In addition, the cites a need for more courses. around three or four different seminars are sometimes tied to "Students should have a wide course concepts." The first of a teacher's research or area of enough course selection to these concepts is required personal interest. In making up the curriculum courses. Currently all required courses, with the exception of there are two general proposiFederal Income Tax, are taught tions which are controlling. in the first year. Headrick says "The first," says Headrick, "is by Marc Ganz the required courses are that faculty should teach only generally thought to be '"cen- what they want to teach. The tral to any law school ex- corrollary to that is that they There is deep division among New York law schools on the subject of the New York Practice course. Every law school in New York State was surveyed, and there is a split between the so-called "stateoriented" and "national oriented" law schools. Schools with well known lecturers in C.P.L.R. defended their programs. Albany's Dean Richard Bartlett said, "Law Guy Van Baalen Dean Thomas Headrick students need good grounding perience, courses to which all shouldn't have to teach what in practice and procedure. It students should have some ex- they don't want to teach. The doesn't make sense to work posure." He also points out second is that it is the dean's with lowa's or another state's that tradition may play a large responsibility to assign statute. New York's is the most part in deciding which courses courses." comprehensive." Dean Bartlett are required. With all of that in mind, and, noted lecturer David The second basic course Headrick mentions a couple of Siegel both teach the New area is that of the courses areas into which he would like York Practice course at Albany which are offered fairly con- to see the curriculum expand. Law School. stantly and which have 80-90% "I think we ought to expand Contrasting with this posifaculty support. Headrick our offerings in the regulatory tion is Hofstra Law School's Dean Regan, who says that the categorizes another group of areas, including transportaschool hired Professor Siegel courses as those which are tion, energy, and communica- Associate Dean Barry Boyer. enable them to set up a sensi- Guv Van Baalen can do just that. The variety of ble progression of courses courses in that area, he says, within a given area of allows a student to plan a two- interest." He points to Tax as one such area where students continued on page twelve Split on NY Practice is Shown last year but then dropped the school, we oppose a New York course, after a "faculty deciPractice course." sion." Dean Regan related the Every other school in New faculty's position by stating York State gave a course in that "the detail makes the New York Practice. Most course inappropriate to third catalogues list the" course as a year students. If they want the comprehensive study of the detail it can be picked up CPLR and its relationship to through personal study or substantive law. through a bar review course." Most school's spokesperHofstra does have an advancsaid that there was a ed civil procedure course sons tremendous demand for the which is entitled "Selected Hofstra's Dean Regan Problems in Civil Procedure." course. a gave possible reason for the The course compares New demand. "There is a placement York with Federal procedure, anxiety as students but does not overlap with caused areas covered in first year civil want equal footing with students from schools that procedure. teach New York Practice." He Columbia and Cardozo Law added that "Down the road, Schools both give outside they will have learned New courses, at an extra cost. A spokesperson for Cardozo said York Practice and more, and "We don't feel it is a central have parity with other part of the curriculum." He students." later added, "If we put this Albany's Dean Bartlett concourse in, next students will cluded by saying, "We don't want a New York EPTL course see it as parochial but rather as instead of a general wills and practical, to teach New York trusts course. As a national law Practice." # �President's Corner OpiniOn Vol. 21, No. 4 \ •V October 30,1980 Edward M. Sinker Editor-in-Chief 9^^^ JeSmW Managing Editor TA'l > Photo Editor: / Business Manager: Marc Ganz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Support For Holtzman Opinion completely endorses Elizabeth Holtzman in the upcoming Senate election. Ms. Holtzman has been a shining example of what an honest politician can accomplish. She has fought the party hacks throughout her political career. She has forged a strong coalition between the New Left, Liberals, and centrists. She is a tireless worker, a tenacious fighter, and a courageous spokesperson for the middle class and have-nots. Holtzman also gets things done her legislative record is a model of progressive achievement. She is that rare sort of politician who seemingly is motivated entirely out of public-mindedness. Alphonse D'Amato, the Favorite Son of Nassau County, "the Shame of the Suburbs," is a more familiar sort of politician. He owes much of his present political success to Joseph Margiotta, Republican Party boss of Nassau County, who recognized a good hatchetman when he saw one, and elevated D'Amato to the position of Hempstead Town Supervisor. From this seat, he participated in one of the more shameless county governments in the United States. The swindles, kickbacks, and porkbarrelling what has proceeded apace during the eight years of Ralph Caso and Alphonse D'Amato would make Ulysses S. Grant blush and Marcy Tweed itch. Patronage has been elevated to a high art. This political background Mr. D'Amato will bring to the Senate if elected. Mr. D'Amato is precisely the type of crawly thing that Nelson Rockefeller kept hidden under a flat rock during his long reign as titular head of New York's Republican party. With Rocky's inopportune death, D'Amato has slithered out from under and taken on Senatorial aspirations. The Opinion does not believe that Alphonse D'Amato belongs in the United States Senate nor do we agree with his politics. He lacks the independence, the integrity, and the experience required. Also reflecting this year's Senate race is the unfortunate decision of Jake Javits to continue in the fray as the Liberal Party designee. This futile last hurrah of Mr. Javits could possibly result in the classic Ottinger-Goodell split, which thrust James Buckley into the Senate in 1972. Only in this case, the Republican candidate is not the scholarly and upright Jim Buckley, but the knavish and opportunistic Alphonse D'Amato. Opinion implores those who are considering voting for Javits for sentimental reasons or out of habit to reconsider, in view of the possible consequences. — Those seeking to place classifieds in the Opinion may put copy in the envelope outside of Room Afjft 623. *% 2 Opinion by Bill Altreuter I've been heartened by the of interviewing for Faculty/Student committees conducted by the Appointments Committee for the SBA. After all my bitching about your disinterest, I guess some sort of apology is due. Over the course of those two days I was privileged to meet a substantial segment of the school that cared enough to want to go to work. It was heartening to see that the committee spots were so two days Admissions Sylvia Fordice* Pat Dooley Appointments Self-Evaluation Bill Altreuter* Dalton Earl Pfeffer Jean Maess Matthew Modica* Scott Oakley Doug Johnson Steve Gielowski Student Representataive to Faculty Meetings Mitchell Lecture Academic Standards and Standing Rosemary Bis Marc Ganz* Academic Policy and Program Lori Marian* Ed Flint Tom Catalano Linda DiTina — — Dale Clark Glenn Pincus Greg Leslie Wolfe* Dorrie Benesch* Mark Reisman* Karen Leo Wayne Budget and Program Joe Ruh* Steve Gabor. Hallee Day Art Williams Special Program Ward Oliver* Otis Arrington Angela Reyes Edgar B. Halford . John Zeigler Barski ,',,', Bill Altreuter* Andrea Polvino Nancy Hamburg Sub-Board , , Alan rtdsenferd* Matthew Modica* (alt.) Library Bill Altreuter* Mark Warren Elizabeth Freidman Permanent Appointment for Bell? Student Input Receives Weight Dear Law Student: relationships with peers and your assessment of Professor colleagues, evaluation results Bell's teaching ability, his This year. Associate Pro- and publications are critical knowledge of the subject matfessor Bell will come before elements in the Committee's ter, and his interpersonal relathe Promotion and Tenure decision. tions with students. If you have Committee which will deterMay I ask you to write a legi- read his published articles, you mine whether he will receive ble and thoughtful letter to the may comment on them. permanent appointment. This convenor of his committee, Thank you, in advance, for process applies to all faculty William Greiner, care of Ms. your kindness and care as you members at various stages of Jan Jung, Room 317, O'Brian. help in the evaluation process. their careers. The letter must arrive by OcSeveral factors enter into tober 31. It must be signed by Allan L Canfield the decision process. Student you. Assistant Dean for letters, faculty assignments, The letter might include Student Affairs Opinion will, until Wednesday, November 5, accept nominations for the position of Business Manager on theEditorial Board. Interested students should submit a card indicating their name andphone number to room 623. Cards may be left in the envelope outside Opinion'! office door. The election will be held at the next Editorial Board meeting scheduled for Thursday, November 6 at 2:30 p.m. ALL CANDIDATES RUNNINGFOR BUSINESS MANAGER SHOULD A TTEND THIS MEETING. Those students having questions as to the duties ofBusiness Manager may contact any member of the Editorial Board. Our phone numbers are listed on the Opinion v door. October 30, 1980 ject. I promised to initiate that demonstration by making committee appointments which would enhance our credibility as serious students. Now, serendipitiously, I can report that our primary interest, as evidenced by the interest in APPC, is in the formulation of our curriculum. There is a lot of ground to be made up, but it is becoming more difficult to regard our interest and commitment as anything less than serious. Elsewhere in this issue of Opinion is a list of student representatives to the Faculty/Student Committees. Get to know these people they were selected for their accessibility to you all as much as for their other qualifications. We owe them at least our interest in exchange for their dedication. To as great an extent as possible I will try to serious in our commitment to keep you all informed of the the academic, as well as the activity within these commitsocial complexities of the sub- tees through the SBA minutes. — Staff: Doric Benesh, Joe Peperone, Alan Beckoff, Melanie Pierson, Laurie Gross. Contributors: Bill Altreuter, Frank Butterini, Linda Cohen, Steve Gabor, Mike Kanaley, Ray McCabe, Percy Randall, Linda Sinclair, David Nelson. by so many qualified people. It was heartening to see that the committee slots which were the most sought after were the slots which have the most effect on our lives as law students. Far and away the most popular committee was the Academic Policy and Prothe first or second gram choice of the vast majority of the applicants. My sole regret was that so many exemplary individuals had to be turned down. There is, I think, a tendency on the part of the faculty and the administration to regard us as frivolous concerned only with sliding through here with as little resistance, or interest in the intellectual rigors of the law, as possible. However, one of my goals when I finally got to take on this job was to demonstrate that we were sought after >C>(E^ Bob Siegel News Editor: Feature Editor: Feature Editor: Primary Interest: Curriculum Student Committees Filled $$$ NEED MONEY?? $$$ Opinion is hiring salemen to sell advertisements. 15% commission FLASH!!! Are you creative, poised and able to see 20/20 with your eyes closed? If you are, you may have the attributes of a great News Photographer. The Opinion is looking for feature and news photographers. If interested, please contact Guy Van Baalen, Photo Editor, at 636-2107 or come to room 623. ■ �Room for Improvement in Quality of Seminar Papers by Frank Butterini If you would not be forgotten when you're dead and rotten either write things worth reading or do things worth the writing Ben Franklin "Today's papers don't have the rigor needed in a quality law job. They're not creative; students are not prepared for them," declared law professor Marshall Breger in a recent conversation on law seminar papers. A seminar paper, for the uninitiated, is a requirement for every law. student, representing a student's obligation to undertake a supervised, extensive legal research paper. The paper is the outcome of a one semester three credit course designed to train students in developing efficient research and writing skills with priority given to the analysis of the substantive law within a specific legal area or issue. The nature of a seminar paper is akin to a law review note. In a search for a definition of a seminar paper, the law school faculty of 1960 went on record as seeing it as an integration of case and — statutory materials critical examination rules and institutions in a legal area along with a of legal involved with the relevant contributions of other disciplines. "Students aren't inculcated in such skills over'their three year stay. There's a need for a tradition," continued Breger, "a need for more writing in classes, for more rigor, ih.the writing." Professor Jacob Hyman, a in a lack of writing skills." Boyer feels that today's student is better able to recognize passing hall-way soul during Breger's declaration chimed in, "there's a lack of intensity in the research, a lack of 'pickand-shovel' committment to going down and exploring possible new areas, of accepting the fact that you perhaps may hit dead ends" Messieurs. Breger's and Hyman's comments were made against the backdrop of Rockefeller Foundation report, released earlier this month, warning that the educational institutions in this country are overlooking their task to develop 'critical thinking' abilities in their students. The entitled "The report, Flumanities in American Life," views the student shift away from the humanities as leading to the inability of graduates to make critical judgements about ethics and social policy, understanding diverse cultural and social situations and making connections between past and present circumstances. Dr. A.D. Van Nostrand of Brown University commented, "The degeneration is in the quality of ideas and the ability to convey them in writing. There is an inability to shape a coherent paragraph." Van Nostrand goes on to cite the lack of evidence and illustration, an absence of logical argument and organization and an inability to complete thoughts as the new horrors. the administrative and prac- tagmenic approach emphasizes a method of grounded argument through the use of a pscyho-analytic approach. It is essentially aimed at developing an internal socratic dialogue with ourselves, of the ability to recognize and question our implicit assumptions and values that define our facts on an issue. This approach in rhetoric is based on the realization that recent attempts at defining a liberal education fit for today's world, have defined a number of kinds of knowledge and understanding that must be studied. Most views have identified synoptics, the ability to synthesize perspectives, and symbolics, the ability to grasp and use symbols, as two basic components of a comprehensive, well-rounded education. Locally, there have been suggestions that the three credit seminar requirement be extended to a full-year, five or six hour requirement. A review of the Law Archives reveals a shift of sentiment between these two views over the years. But the practicality of the matter, and a view shared by Messieurs Breger, Boyer and Hyman, is there is simply not enough time for the faculty to even deal thoroughly with the tical problems in applying a Wheeler doesn't stop there. rule of law, or mandated pro- He notes standardized tests gram, yet lacks "structure and expression" in communicating these views. This is pretty heavy stuff when you consider the act of writing is especially important in the field of law, for the law relies on persuasion, rather than violence or other material inducements to reach tentative conclusions. Thomas Wheeler irthis book The Great American Writing Book (Viking Press) cuts through a thicket of possible mass culture laxity traps and lays the blame for the communication deterioration at have also eroded reading ability. He cites the continual drop in college entrants' SAT scores, particularly in verbal skills, which experienced their largest drop among college entrants of the mid-19705; the bulk of today's law school population. Wheeler deplores the widespread priority put upon the standardized tests, seeing fix," declarthem ing that the> market place has revolutionized American Education more than any education theorist. The Rockefeller Report urges that colleges try to bring the feet of tests. Wheeler contends the order and coherance to the widespread use of objective, often chaotic undergraduate choose-the-answer tests has. curriculums, and urges that had the greatest impact on the elementary and secondary indecline of writing skills. He stitutions steer away from colpoints out that the SAT has lege board preparation and the replaced written essays as the seeking only a "bare minimum prime college entrance re- of literacy" and aim towards a quirement. Wherein SATs were broad, if less measurable, task once a suplement, they now of teaching students how to are the priniciple target of think. high school English courses. High schools now ask for less writing. He goes on to spread the blame, saying universities, by their reliance on GREs, SATs, LSATs also bear a responsiblity for the writing erosion. Barry Boyer, chairman of Wheeler notes every year college or graduate schools will ÜB. Law's Academic Program Planning Committee, echoes * congratulate themselves for Van Nostrand's view, "The pro- recruiting an entering class blem is not in analysis, but lies having board scores exceeding .. the national average, and yet by mid-September administrators are disillusioned by poor performance in class. many Recent directions in the area of rhetoric have been aimed at developing a "tagmenic approach" to argument and communication. Rhetoric, as conceived by Aristotle, meant the art of finding the available means or persuasion for a particular case. As opposed to its lobotomized, popular conception which is usually applied to superficial political "dialogue," rhetoric's present three-credit, one semester requirement. In the face of these slack resources, all three look to the revised first-year research and writing course as an important means of organizing thought and writing and setting the stride for a rhetorical rigor they see as lacking. Deitz to Teach Securities Regulation in Spring by Edward M. Sinker quick and easy dollar "I instruct, but we all teach each other!" exclaimed securities expert Roger Deitz in reference to his upcoming securities regulation course, which will be offered in the Spring. Deitz, at the request of Corporate Law Professor Michael Schaeftler, left his New York City firm to visit UB Law School for a day. Deitz spoke to a group of students about the ramifications of securities regulation to small and large businesses and whetted academic appetites for his spring course. This will be Deitz' fourth year teaching at UB Law. He will commute from New York City once a week to teach the Saturday morning course. Deitz, despite a basic one-daya-week schedule, plans- to make himself available to students by holding conferences and accepting reverse charges on long-distance phone calls. "You don't have to have a corporate law strong background," emphasized Deitz, "but a probing mind and imagination would be an asset in the course." "We'll talk about schemes devised by clever promoters," he smiled, "to. satisfy the public appetite to make a the schemes are fascinating!" Deitz says the course will couple trial advocacy with the reality of law practice and will deal with the ethical problems confronting securities lawyers. "The course," he said, "will combine the historical and Deitz is interested in the arts; "all of them," he exclaimed. He has served on an art law committee involving tax implications, regulations of multiple reproductions (e.g., "droit moral," involving the artist's rights to prevent any changes in his art), the relation between the artist and gallery, and custom regulations as to fine art and antiquities. Deitz spends spring and fall, when he can spare some time, at a beach house in New York. "I don't bring my legal work unless necessary, but I'm always busy fixing up the beach house," he beamed. His practice also takes him abstract with the practical." "I'm thrilled by. the enthusiasm of students at UB who have taken this course and," he added, "I'm delighted with the administration for giving me the freedom to teach this course." Deitz' decade of service to the Securities and Exchange Commission, before opening a private practice, enabled him overseas to Netherlands and to work side by side with some Ireland. of the "biggies" in securities regulation. The course, as a result, has welcomed numerous distinguished speakers in the past and Deitz intends to continue the trend in the future. Deitz, who has relatives in Buffalo, first came here at the by Edward M. Sinker request of the SEC to investigate a promoter offering Captain Jack T. Eggert of the interests which the CommisAmherst Campus University sion later successfully Police reminds all students of demonstrated were securities. the "Pilot 100" program ofThough he grew up in fered to the student body. Westchester, Deitz loves ButStudents, between the hours falo. "It's human here,"' he of 3 p.m. and midnight, are perremarked. He said the sense of mitted to ride with campus family here makes the city police officers in the course of quite habitable. an evening's work. Roger M. Deitz will teach Securities Law in the Spring. love, Deitz' primary however, is securities law. In the Spring, he promises to elaborate on "the nature of American capital markets, the need to maintain the public's faith in those markets, and the integrity of the people who make a living -in those markets." UB Offers Program for the Entire Student Body: Students Ride Patrol Cars is offered," Holtzman Campaign Needs Law Volunteers for Poll, Watching. Meeting Tonight 6:30 p.m., 235 North Street, 885-0394. "The program said Eggert, "to acquaint students with their campus police and to give students insight into what goes on." Eggert invites all those interested in participating to call him personally at 636-2222. Perhaps students, one way or the other, will view campus security differently after a "night on the town!" Day-After Halloween Party Saturday, November 1, 9 p.m. Friends of: Ed Sinker, Paul Israelson, Rocky D'Alusio & Andy Thayler are cordially invited. October 30,1980 I Opinion Page three �BALSA Working with the Buffalo Community by Percy Randall Some of the problems confronting BALSA, and the Black community in general, are the lack of interested and qualified Black men and women to both enter the legal profession and make a meaningful contribution to the Black community, as well as community; has undertaken a campaign to accomplish these results, actively seeking the increased enrollment and involvement of Black law students at ÜB, and in the community, respectively, via Law Day, which was held on October 25, 1980, and through the creation of the Office of the Community Liaison. Law Day featured speakers, Hap Washington, Community Activist and Professor of Law at Howard University; Alexander Smith, Coordinator of the NAACP Program; Joe Foreman, Superintendent of the Buffalo Holding Center; minority law students who Thomas Headrick, Dean of the might feel alienated by the Law School, and others. These general law student organiza- speakers spoke on topics rangtions can attain a sense of ing from, "Survival: It's alright to have an equal opportunity belonging. Apart from BALSA'S task of to an education, but it's a lot providing a sense of security more meaningful to graduate", for the Black law student, it to, "Blacks and the Law in the also must provide a stimulus to '80's: Where are we going, the many potential Black law*(where are you going, and students in the community why?" An event, the caliber of who might consider law school Law Day, and its impact upon as an alternative to the harsh the lives of those who attendrealities of the streets. Thus, in ed it cannot remain invisible, its role as a stimulus, along and BALSA thanks the many inwith the law school, BALSA dividuals who helped make it a the world (Leander Hardaway, Director of External Affairs, BALSA) was initiated to facilitate relations between the Black law school community and the inner-city community. This office hopes to provide counselling services to impoverished youth; recruit- generating an interest from within the law school moving toward the supplementation of community-based organizations and programs; and providing some type of forum, so I *Im,£mW ■MIHMBMatffcM 2mW W ■■"■ ■BMW- ■_■«■!■■ si ■■■. • lIUIVD m\mma,ama\ammi Vl] I ammaaa,Ama.mmmoa. MMmMaWm WaW UIHII _ J J\ tlßssL ■■■ %PWH%sP ■ AW amam of just what "Buffalo Unity all concerned may work Day" means in terms of the toward the ultimate goal of This column could just state future of Blacks and Buffalo Unity Day, that is, a in categorical terms, the Black/White relationships in peaceful and unified com"facts" about Buffalo Unity Buffalo. However, more infor- munity. The immediate goal of BufDay; what it was about and mation concerning "Buffalo Unity Day" is needed, other falo Unity Day was to show who was there, devoid of emotion, critique, and a meaning than the bare "facts", so that that the beseiged Black community is not alone in their sorrow and outrage at the recent otters the maximum Mm BAR/BRI flexibility ol any New York barbarous murders — that the course. In Midtown Manhattan, only white community joins with BAR/BRI has consistently ottered two live the Black community in consessions (morning and evening)during the summer course. Afternoon videotape demning these acts and the replays are available In our larger locations racist attitudes that lie behind outside Manhattan, we otter videotape instead ot audiotape them. These are noble already guaranteed thoughts Indeed, but exvideotape tor Summer 1981 include: that, at perience tpaches Albany. Boston, Buffalo, Hempstead. NYU/Cardozo area. Queens County. most, those persons who by Percy Randall organized, spoke at, and at- ■•■■•- mmrMmm^^ Thesehandouts save valuable study time and minimize the note taking necessary in a BAR/BRI ■■■!■■■■ , , IXS^l^^J^ summer courses. Tlwy did so because: J^ !^l!^"T* T ' •.J W AR^2!sr,,^^!! " ' • • BAR/BRI offers written summaries of all thelaw tested on theNew York Bar Exam—both local law and Multistate law. Students learn the substantivelaw before going to class. Class time is spent focusing on New York Bar Examination problems, on hypothetical and on the substantive areas most likely to be tested on the exam. • - m m Jm lhan ' , . 22, " „as ' BAR/BRI offers a tree trawler policy. uden signs up or New York, does not mark his or her books and elects to take another state bar instead, all monies P30 wl m transferredto theBAR/BRI course in that state . Renee Lapides Francine Bruno Joan Warren Opinion 4 '* " fj ol course ,Hes ■ * ™ WllliamWatkins, AlbanyLaw Pro' Charles Whitebread. U. of Virginia Law M Corne|| Law You Prol Albany - Manhattan MWU,Cardozo area' ?"*"*" Boston I Brooklyn Charlottesville • New Haven Newark Ph,iadeipn.a Ckieens County , Rochester Suflc*County '. Chicago ' BAR/BRI has the only New York bar review lecturer ever to receive frvetminutes of sustained applause lor hisjecture on theRute Against „,,„„, BAR/BRI offers thewidestselection lrtuderrt> t0 freely switchlocations. Anticipated course locationslor 1981 include: Butlalo Durham S^"86 n„ EL.™ $SEr^.toca**, mSHSTi'r '■ Hempstead Suite 1 I lilt 111 I m !■ New io New York 10001 \y^UyU mom Mzw-v* New York's Number One Bar Review. See one of the following student representatives before October 31, 1980: Doric H. Benesh Therese Rahill BAR/BRI offers a special "Take 2 a New York Bar and another MultistateBar anotner Multistate Bar YorK bar ,, , l»sl experts On substantive law .They have accurately forecastmany ol the questions appearing on past New York and Multistate bar examinations. The faculty is composed ol prominent lecturers on New York law. Multistate law and ,he New Yofk Bar Examination The 198) ,acul, V W|N include: ™\ ° J* ** ° . I jr\/^f~lf*pS *m\.mmmm-M *01 n0 Prot. Richard Conviser, BAR/BRI Stall Prot Richard Harbus, New York Law Prot Stanlej(Jerianson, U of TexasLaw Prot Kenneth Joyce. SUNY Buffalo Law Prof. GaryKelder. Syracuse Law Prof, JeromeLeitner Brooklyn Law Prot John Move BAR BRI Start p J hn 3 u llllnolsLaw Alan Hesnck u Holstra Law ™ Faust Prof RosSl Come Law Prot Robert Scott, Uol Virginia Law BAR/BRI has an unparalleled testing program-tor both the Multistate and New York local portions. The testing will include hundreds ot Multistateand New York local multiple-choice questions, and Inral New Ynrtr PQoai« -, V.\L ii 22l are questions Included to be done at home and questions done in classunder simulated bar exam conditions. SelectedMultistate questions will be computer-graded,and selectedessays will be individually graded and critiqued by New York attorneys ft' Carta Gersten Leslie Wolff Michael Chakansky Rosemary Gallick Erik Lindauer ' Qetober r 3Q,l<JBG tended, Buffalo jLJnity, Day, wi|[ harbor these thousrfts>at.least v ntiI the kii ler or killers are $.\£ prehended; and at least, these persons will, for that day, feel the type of togetherness that is necessary to make these thoughts a reality. However, as long as Black and White can Twice as many as all courses combined. U R t high pan percentage. At most maprlaw schools last year, students taking BAR/BRI passed the New York Bar Exam on Ihe firsttry with a percentage in the 90s and high 80s. tolerated! Reaction to Barbarous Murders _ took BAR/BRI. otherl J I ■ mwm ■■ sWil -_ mm ~ BALSA is well aware of the present crisis in the Black community regarding the deaths of the six Black men, and demand that something be done to deter similar actions in the future. Racist attacks against Black people will no longer be BALSA Commentary llpui DC] I Fvam Rl [■■■ Vnrir LaltU H Rsir ■ November 15,1980 from 10:00 with community organizations BALSA and the Coalition hope that everyone will support this cause in whatever way possible. We can't do it alone! us. studying for the •*> ment, workshops, films and speakers. In general, its purpose is to enhance the image of the law school in the eyes of the community. For example, the Office of the Community Liaison is presently involved p.m. to 3:30 a.m. This scholarship will be awarded to some underprivileged youth so that he/she may be able to attend college in 1981-82. Both ' ggm. ammAWmiMmk amM ■■■ ■■■ mmrtl%m'mmmmmm mMmrn'm the operations of the agencies responsible for the search of the killer or killers responsible for the violent deaths of six Black men in Buffalo." BALSA has also enlisted the assistance of the Coalition of Minority Graduate and Professional Students of the State University of New York at Buffalo (Everett Hopkins, President) in furtherance of its goals. In its effort to fulfill its commitment, the Coalition has undertaken to give a scholarship fund-raising BuffetDinner/Disco, to be held at the new Buffalo Hilton on* to monitor successful undertaking. BALSA'S second undertaking, the creation of the Office of the Community Liaison, Arthur Scott Garfinkel Jay Marlin Paul Israelson Winston Ellis Patricia Jayne ~r si ! —:•——; «•«»«Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes —'— Pat Dooley >»' Ruth Pollack Christopher Reed Mark Suzumoto ' ' 'i' \' - assemble and understand the many problems common to both, there is hope that someday, these "dreams" may come to pass; although there is growing sentiment, both in the University Community and the general Buffalo community that Buffalo Unity Day was nothing more than a placebo, to keep silent an already passive Black community. There seems to be a genuine fear of a Miami in. Buffalo, on the part of many. 'Placebos cannot work forever, especially if there is a real need for something to be done about the problems in the Black community. In order for Buffalo Unity Day not to have been in vain, there is going to have to be" a conscious effort on the part of every Black person in Buffalo change some thatNhave placed Blacks' in such a vulnerable position and a conscious effort on the part of every White person in Buffalo to help alleviate the problems caused by racism. These parallel efforts must be continuous, sincere, and syncronized, not for the purpose of looting, and robbing, nor for . the purpose of "calming the natives", but toward something that is for real. ' to > �Attica Prisoners Call Conditions "Nightmarish" Can the degree of civilization in a society be judged/measured by entering its prisons? Enter Attica and witness the microcosm of Miama, Florida. See the same causes; alienation, displacement, manipulation, intimidation, and even the poverty and frustrations attendant to slave labor for the production of goods and services that only the Administration and its agencies and agents reap a socially just wage from. Then witness the same response to the effect of such inhumanity, and the response you see will be the raw and savage brutality of beatings and murder done to j prisoners in Attica Prison by Correction Officers the same and worse than the Police and National Guard in Florida, for here there are no newspaper reporters and TV. cameras to record the continue. nightmarish reality, and the imaffirmed and endorsed by the punity for such acts of Correc- Commissioner of Corrections tion Officers lay in sanction at Albany, N.Y. Here each inand endorsement of the dividual correction officer Warden of Attica, and their makes the law according to his ability to virtually loose a personal whim and prejudice. prisoner from public, even All a correction officer need family view by placement in do in order to justify anything the Special Housing Unit done to a prisoner is write a where a prisoner can be denied report either before or even visits and/or mail privileges, after he does whatever he deprived of all communication chooses cause he knows it will with prisoners in general not be questioned. He knows population and the outside that the so-called institutional world and continually beat appeal process is a farce; tape, and drugged in the name of recordings are manipulated, "security" and "necessary reports are manufactured and force to restrain." the only review is an affirmaHere in Attica's Special tion of whatever the correction Housing Unit prisoners are officer alleges. There is no due beaten and intimidated process, no equal protection, physically, spiritually and no nothing, except cruelty and psychologically. Whatever the hopelessness. No redress and correction officers do is enno one or agency to appeal to dorsed by the superintendent, that would apply justice in inand whatever the vestigating and curtailing the superintendent/warden does is wrongs and injustices that are claimed. What's next? A mass murder that will claim the lives of prisoners, men who only desire to be treated as human beings? So that correction officers can demand more money? And use it as an excuse for further oppression/repression and the refurbishment of the Klan and Nazi fraternities that already boast openly of their intentions and control of Attica. And will those of you in society ignore our human pleas until you find released in your midst the product of Attica? Who then benefits? Who can then lay claim to being civilized, when you choose to ignore the causes who then become the swift and exacting sword of Not to personally care about people in prison is one thing, but social apathy to the point of ignoring savagery and brutality knowing that it will breed the same is something I cannot understand of civlized people. It is with such final hope and belief that I write to you in hopes that you will intercede in all of our behalfs for one day we too shall be in society. You are the future lawyers and law makers; you have the resource and knowledge to help curtail our present suffering and future brutalization thru legal recourse. Will you help prevent future tragedy? Let not another hundred or more years pass in testament to the savagery of prisons bejustice? Who will measure it ing the reality beneath the after the damage has been veneer of a "civilized" society: done? Will you? I cannot The Men of Attica's believe that your humanity Special Housing Unit George Eng will permit such atrocities to Future of Public Interest Law Looking Gloomy by Lewis Rose If you are the future lawyer who wants to use your expertise to halt chemical crimes of illegal toxic dumping, to fight against discrimination minorities and women, or to protect workers from contamination and disfigurement, the chances are you will not have the opportunity to do so. The problem is one of funding. The Ford Foundation and other charitable organizations are pulling out their financial support for public Interest law. The majority of attorneys representing victims have been able to do so in the past because of this funding. Of 500,000 attorneys in the United States, only 600 work full-time in public interest law. This number is now likely todecline. Even if you work in a private law firm where the senior partners grant you permission to take on a controversial case, you might never get in the court's door to argue it. They call it "lacking standing to sue," or "$300,000 dollars to notify all potential plaintiffs in your case," or "you're an in- direct purchaser and don't have to right to sue." Should you succeed in getting in the door, you must be prepared to waste at least thirty percent of your time and resources fighting procedural barriers and, in the end, be unable to petition for fee shifting compensation. The mere fact that your work results in conveying a substantial public good no longer matters. You may be able to prove that a federal statute is being violated and, as a result,, prevent thousands of citizens from future victimization. But without attorney fees-shifting legislation, you, the attorney, must pay for righting the wrong, or not bring the case at all. Rarely does a private citizen have the financial resources to deter government misconduct. Perhaps you'd like to petition a federal agency to pre- sent your client's concerns over the unsafe transportation procedures for hazardous waste through your community. Before you approach the Senior Partner, remember there is no money appropriated for the public par- — rights and indigent litigants. The ALYESKA decision destroyed, in large part, equitable fee shifting as a funding source for public interest causes. Ten years later, the realiza- tion that substantive rights and ticipating in agency prointerests are being thwarted cedings where standards are for lack of access to the set, your client, the concerned decision-making forums is citizen, cannot afford to pay becoming widespread. The for the participation, and the obstacles to access consist of: regulated industry will spend (1) procedural and structural more than fifty times what you- barriers and, (2) lack of funding and others representing con- for participation in policymakcerned citizens will spend in ing forums. You are a law stuagency proceedings. dent in the "ten years later" Despite all this you are category. The time to use your determined to use your exper- expertise is now. As a law stutise to bring about social dent you can bring about justice. You go to the placereforms to guarantee and proment office on the third floor. mote substantive rights and inYou want to know where to terests of individuals and of infind the job that will satisfy sular minorities. your desire to defend the vicYou.can begin by joining the tims. Posted positions and in- Equal Justice Foundation Proterviewing schedules do not ject of the Center for Public Inreflect your idealism. The terest Law at the law school. placement office either Part of a national movement, doesn't really know what EJF was founded three years public interest law is, or, has fil- ago by a group of law students ed the information, now out- and lawyers who were dated, in the back room. frustrated by the inequitable At the same time your barriers that prevented them frustrations grow in class as from using their legal skills to professors ignore "policy" im- adequately represent the plications of the law. underrepresented. Law Materialistic professionalism replaces humanistic searching. Ten years ago, law students desiring to use their expertise educate students as to the access problems they would face in the courtroom but weren't being told about in the classroom. In addition, EJF members sought to create an awareness of public interest law among the community. The Equal Justice Foundation also offered law students and lawyers a way to support reversal of the doctrinal trends and to increase public interest law funding. This conscientious organizing by law students whobelieved in and recognized their responsibility to bring about social justice has resulted in the Equal Justice Foundation becoming a permanent entity their concerns. These lawyers and law students pledged one percent of their post-graduate employment income to establish the EJF. As of 1980, over five hundred lawyers" have pledged to tithe one percent or more of their income. At this law school, third year students have already begun to tithefor the first time. EJF's focus is not strictly national. Recognizing the need for advocating greater access on a local level, students around the country fifty percent of the money that underrepresented victims could do so. Public interest law was growing. Lawyers were successful in expanding substantive rights of the underrepresented. Funding was increasing and attorney fee shifting was available in cases that furthered the public good. Federal agencies, such to protect as OSHA and the FTC. were not as encumbered and endangered by current corporate offensives. The more effective the advocates of the victims became, the more procedural barriers were erected to minimize the substantive gains. The standing-to-sue doctrine, noted in the Constitution, was extended to exclude many civil organized local chapters to « to represent you tithe gets returned to the local chapter for local work. Possible local ideas involve developing a public interest law placement program at the Law School, sponsoring radio programs on access-related issues such as how to use your Small Claims Court, or funding a student to do access-related research. Suggestions are always welcome. We are interested in organizing a local chapter at this Law. School. By dedicating two or three hours a week to building a local chapter in Buffalo, you can take the first step of your career to significantly contribute to changing the financial and procedural rules that determine who is represented in our legal system. Without your help, the public interest law movement will be further weakened. Please join us by putting your skills and expertise to work now for social justice. If you are interested in getting involved contact Lewis Rose or Edward Northwood, or leave a note in either of their mailboxes or with the Center for Public Interest Law, Equal Justice Foundation Project in Room 118 of O'Brian Hall. The Buffalo Public Interest Law Program announces the sale of a new 45 RPM recording featuring Jane Crosby, Stu Shapiro, Howie Berger and Aaron Chambers. The proceeds of the sale, minus a small percentage for production costs, will go to benefit the Law Program's Summer Internship Program. Please contact Jane Crosby or Howie Berger for more information. Guaranteed to be a Collector's Item!!! October 30, 1980 Opinion 5 �A Tribute toWChiicnkgesn U.S. Journal: Buffalo, N.Y. An attempt to compile a short history of the Buffalo chicken wing by Calvin Trillin I did not appreciate the dif- ficulties historians must face regularly in the course of their research until I began trying to compile a short history of the Buffalo chicken wing. Since Buffalo chicken wings were invented less than twenty years ago, I had figured that I would have an easy task compared to, say, a medievalist whose specialty requires him to poke around in thirteenth-century Spain. Also, there is extant documentation identifying the inventor of Buffalo chicken wings as Frank Bellissimo, founder of the Anchor Bar, on the form of the Main Street documentation being an official proclamation from the City of Buffalo declaring July 29, 1977, Chicken Wing Day. ("WHEREAS, the success of — falonian, but she carries the special credentials that go with having been raised in New Haven, a city that claims to have been the scene of the invention of two other American the hamburger specialties and the American pizza. Although Leonard Katz normally limits his chicken-wing, consumption to downing a few as hors d'oeuvres a policy, he assured me, that has no connection at all with the fact that his medical specialty is the the gasro-intestinal tract rest of the family think nothing of making an entire meal out of them. Not long before I arrived, Linda Katz had returned from her freshman year at Washington University, in St. Louis a city where the unique local specialty is, for reasons lost to historians, and headed toasted ravioli — — — — — ty taken what is known in wing came about because of a the delivery of social science a field whose mistake methods are used increasingly some chicken wings instead of by modern historians — as a the backs and necks that were fair sampling. On my first ordinarily used in making evening in Buffalo, the Katz spaghetti sauce. Frank Bellissimo thought it was a family and some other contemtheir acto use the wings for of shame porary observers quaintance took me on a tour sauce. "They were looking at of what they considered a few you, like saying, 'I don't belong appropriate chicken-wing in the sauce,'" he has often sources so that I could make recalled. He implored his wife, some preliminary research who was doing the cooking, to notes for later analysis. The figure out some more dignified tour naturally included the Anchor Bar, where celebrated visitors to Buffalo — Phyllis Newman, say, or Walter Mon- — — — day's daughter taken as a matter were beginning to nudge aside the Italian food that had always been the Anchor Bar's center called Duffs and a couple of places that serve beefa beef sandwich on on-weck a salty roll which happens to be the local specialty that was replaced in the hearts of true Buffalonians by chicken wings. In Buffalo, chicken wings are always offered —— — needed another order of medium. After four hours, the tour finally ended with Judy Katz apologizing for the fact that we were too late for her favorite chicken-wing place, a pizza parlor called Santora's, which closes at 1 a.m. The next morning, I got out my preliminary research notes for analysis. They amounted to three sentences I was unable to make out, plus what appeared to be a chicken-wing stain. I showed the stain to Judy Katz. "Medium?" I asked. "Medium or hot," she said. end for. the wings. Teressa specialty. In the clipping Bellissimo decided to make libraries of the Buffalo some hors d'oeuvres for the newspapers, I could find only one' article that dealt with the Bellissimo family and their wing was born. a short, restaurant in that period — a Dom Bellissimo effusive man who now acts as long piece on Frank and the bustling host of the Anchor Teressa in the Courier-Express Bar tells a story that does in 1969, five years after the innot include a mistaken vention of the chicken wing. It delivery or, for that matter,. talks a lot about the musicians Frank Bellissimo. According to who had appeared at the Dom, it was late on a Friday Bellissimos' restaurant over night in 1964, a time when the years and about the enterRoman Catholics still confined tainers who used to drop in themselves to fish and after road shows. It mentions vegetables on Fridays. He was the custom Teressa and Frank tending the bar. Some regulars had in times gone by of offerhad been spending a lot of ing a few songs themselves late money, and Dom asked his on Saturday night Teressa mother to make something emerging from the kitchen to special to pass around gratis at belt out "Oh Marie" or "Tell the stroke of midnight. Teressa Me That You Love Me." It does Bellissimo picked up some not mention chicken wings. chicken wings parts of a Perhaps the interviewer simply chicken that most people do happened to be more innot consider even good terested in jazz drummers than — — — — enough to give away to tasty experiments. Perhaps Frank and Dom Bellissimo are, like most people, fuzzy on dates. By chance, my most trusted contemporary observers, the Katzes, were living out of the city during the Fortunately, the actual moperiod; Linda Katz looked surment that Buffalo chicken prised to hear that there had wings were invented has been ever been a time when people described by Frank Bellissimo did not eat chicken wings. The and his son, Dom, with the sort exact date of the discovery of rich detail that any historian seemed a small matter, though would value; unfortunately, compared to the central ing access to what people in qualifies her as being the history game call "contem- somewhere between a contema crowd porary observer and a fanatic. porary observers" Even a chicken-wing eater of of serious chicken-wing eaters right on the scene. A college ~ Judy Katz's seriousness could friend of mine, Leonard Katz, not have tested the full variety they use different details. happens to be a Buffalonian of Buffalo chicken wings. It is Frank Bellissimo is in his a native Buffalonian, in fact, said that there are now several eighties now, and more or less who is now a dean at the hundred places in the area retired; he and his wife, medical school of the State where Buffalonians can order Teressa, are pretty much conUniversity of New York at Buf- what they usually refer to fined to an apartment above including the Anchor Bar. According to falo. I have also known his simply as "wings" wife, Judy, since long before any number of places that also the account he has given many the invention of the chicken offer "a bucket of wings" to times over the years, the invenwing. She is not a native Buf- go. She has, however, obvious tion of the Buffalo chicken — — — October 30,1980 — are now — Opinion the blue-cheese dressing normally used as the house dressing for salads. Dom and Frank also agree that the wings were an immediate success famous throughout Buffalo within weeks. Before long, they say, chicken wings were on the dinner menu instead of being served gratis at the bar — and of course, the way they are driven out to see Niagara Falls. It also included a noted chicken-wing Mr. Bellissimo's tasty experi- straight for her favorite ment in 1964 has grown to the chicken-wing outlet to repair a point where thousands of four-month deprivation. A pounds of chicken wings are friend of Linda's who returned consumed by Buffalonians in from the University of and taverns Michigan at about the same restaurants throughout our city each time had eaten chicken wings "mild" or "medium" or "hot", week... ") I would not even for dinner four nights in a row depending on how much of a have to rummage through before she felt fit to continue. dose of hot sauce they have some dusty archive for the Judy Katz told me that she been subjected to during document; the Anchor Bar has herself eats chicken wings not preparation, and are always aca copy of it laminated on the only for dinner but, every now companied by celery and blueback of the dinner menu. I had and then, for breakfast a cheese dressing ; t sajrrptecl the further advantage of hay- pattern of behavior that I think mild. I sampled medium. I sampled hot. As is traditional, I washed them down with a number of bottles of Genesee or Molson particularly while I was sampling the hot. I ate celery between chicken wings. I dipped the celery into the blue-cheese dressing. I dipped chicken wings into the blue-cheese dressing. I tried a beef-on-weck. I found that I 6 regular antipasto and some of barflies — and the Buffalo chicken wing was born. Dom and Frank agree that Teressa Bellissimo chopped each wing in half and served two straight sections that the regulars at the bar could eat with their fingers. (The two straight pieces, one of which looks like a miniature drumstick and is known locally as a drumette, became One of the major characteristics of the dish; in Buffalo, a plate of wings does not look like a plate of wings but like an order of fried chicken that has, for some reason, been reduced drastically in scale.) She "deepfried" them, applied some hot sauce, and served them on a plate that included some celery from the Anchor Bar's historical fact, common to both Bellissimo stories, that the first plate of Buffalo chicken wings emerged from the kitchen of the Anchor Bar. It seemed to me that if a pack of revisionist historians descended on Buffalo, Itching to get their hands on some piece of conventional wisdom, �they would have no serious quarrel with the basic story of how the Buffalo chicken wing was invented although the feminists among them might point out that the City of Buffalo's proclamation would have been more exact if it had named as the inventor Teressa Bellissimo. The ipventor of the Airplane, afterall, was not the person who told Wilbur and Orville Wright that it might be nice to have a machine that — could fly. "A Blue-Collar dish for a blue-collar town," one of the Buffalonians who joined the Katz family and me on our chicken-wing tour said, reminding me that historians are obliged to put events in the context of their setting. Buffalo does have fhe reputation of being a blue-collar town and, particularly after the extraordinary winter in 1977, of being a blue-collar town permanently white with snow. Buffalonians who do much travelling have resigned the annual events include a When I telephoned Budin to and I drove out on Niagara beef-on-weck banquet. This inquire about the response to Falls Boulevard to try the summer, in the new Har- his suggestion, he said it had wings at a place called Fat borplace shopping complex in not been overwhelming. He Man's Got 'Em, and just before the inner harbor of Baltimore, told me, in fact, that he had Judy Katz gave me final ina place called Wings 'n Things embarked on a new campaign structions about the bucket of opened with the announced in- to improve Buffalo's reputawings I was planning to take tention of dealing in the sort of tion. Budin said that a lot of back to New York from Sanvolume hitherto common only people believed that the city's tora's the next day ("Get the with Buffalo itself a couple image suffered from its name. I big bucket. Whatever's left of tons of wings a week. "It remembered that his Sundayover will be fine the next morntakes money to make money," magazine piece had ended ing") I met a man named Dom Bellissimo told me while "Buffalo, thy name is chicken John Young, who told me, "I reflecting on the fact that his wing." Surely he was not sug- am actually the creator of the family did not parlay the in- gesting that the name of the ci- wing." Young, who is black, vention of chicken wings into a ty be changed to Chicken reminded me that black peofranchise fortune. Sometimes Wing, New York. What should ple have always eaten chicken he thinks that the opportunity be changed, he told me, is not wings. What he invented, he has not been lost forever. "I the name but its pronuncia- said, was the sauce that would like to go with a chain," tion. He has taken to pronoun- created Buffalo chicken wings a special concoction he he told me. "I'm so ready for it. cing the first syllable as if were I wish I could get involved with spelled "boo" — so that Buf- calls mambo sauce. He said some money people. I'd show falo rhymes with Rue de Veau. that chicken wings in mambo them how to go with this "It has a quality to it that lifts sauce became his specialty in thing." it above the prosaic 'Buffalo'," the middle sixties, and that he About two years ago, A Buf- he said. even registered the name of his restaurant, John Young's Wings 'n Things, at the county courthouse before moving to — — standard response to hearing that someone comes from Buffalo is a Polisji joke or some — hours. One way that the invention of the chicken wing seems to have improved morale is that there now exists among Buffalonians a widespread commercial fantasy of hitting it rich by introducing Buffalo chicken wings to some virgin territory. People in Buffalo are always talking about trying wings out on Southern California or testing the waters in Providence. While I was on my tour with the Katz family, Andy Katz, who is fifteen, had one question about my opinion of the local delicacy: "Do you think these would go over in Toronto?" There are already some attempts to sell wings outside of Western New York. A former Buffalonian is serving wings in the Paco's Tacos outlets of Boston. It is said that wings are available in Fort Lauderdale where so many — Buffalonians have retired that me, that John Young as well as Frank Bellissimo started buying a lot of chicken wings in the middle sixties, but there is no reason for the distributor to have saved the sales recs that might indicate who was first. First with what? Was the Buffalo chicken wing invented when Teressa Bellissimo thought of splitting it in half and deep-frying it and serving it with celery and blue-cheese dressing? Was it invented when John Young started using mambo sauce and thought of elevating wings into a specialty? How about the black people who have always eaten chicken wings? The way John Young talks, black people may have been eating chicken wings in thirteenth-century Spain. How is it that historians Illinois, in 1970. "If the Anchor can fix the date of the Battle of Bar was selling chicken wings, the Boyne with such precision? nobody in Buffalo knew it How can they be so certain of then," Young said. "After I left its outcome? here, everybody started chicken wings." Young, who Reprinted .by permission; had "returned to Buffalo a few ©1980 months before our talk, told The New Yorker Magazine, Inc. me that those who had copied the dish must be sayng, "Oh, man! The original King of the Wings is back. He's fixin' to do a job on you." In fact, Young said, he was pleased to see so many people in Buffalo make a money off his invention Frank Bellissimo, whose magnanimous sentiment that I Bar first served Anchor had also heard expressed by chicken wings in 1964 starboth Frank and Dom ting a fad in the snack inBellissimo. "I could have formdustry, died on October 22 ed a company and went across at the age of 84. the country," Young told me. Bellissimo was born in "It's still not too late." Palermo, Sicily. His first The wings Young invented restaurant was located were not chopped in half a where the Memorial process he includes in the Auditorium now stands. category of "tampering with Bellissimo moved to the them." They were served Tidney's Bar at 19 old breaded with the mambo Main Street. Because of its sauce covering them. In John proximity to the waterYoung's Wings 'n Things, as front, it was called the Anwell as in a restaurant called chor Grill. Bird Land, run by Young's Bellissimo leaves behind brother Paul, they are still serva Buffalo legend. ed that way sometimes ac- — themselves to the fact that the line like "Has the snow melted yet?" Buffalo has always had a civic-morale problem. Could the problem have been exacerbated by making a local specialty out of a part of the chicken that somebody in San fnancisco! or.- Houston, might throw away? Frartk Bellissimo seemed to argue against that interpretation. "Anybody can sell steak," he told me. "But if you can sell odds and ends of one thing or another, then you're doing something." The celebrated visitors who troop through the Anchor Bar are, after all, almost always favorably impressed by Buffalo chicken wings. Craig Claiborne proclaimed them "excellent" in one of his columns although he may have undercut the compliment a bit by saying in the same paragraph that he had remained in Buffalo for only three companied by the blue-cheese dressing and clery that were undoubtedly inspired by Teressa Bellissimo. It is true, a local poultry distributor told Obituary — If the sign says "wings," this must be Buffalo! falo stockbroker named Robert M. Budin wrote a piece for the Courier-Express Sunday magazine suggesting, in a lighthearted way, that the city adopt the chicken wing as its symbol. Budin's piece begins with two Buffalonians discussing what had happened when one of them was at a party in Memphis and was asked by a local where he was from. Deciding to "take him face on," the visiting Buffalonian had said, "I'm from Buffalo." Instead of asking if the snow had melted yet, the local had said/"Where those dynamite chicken wings come from?" "You mean positive recognition?" the friend who is hearing the story asks. It becomes obvious to the two of them that Buffalonians should "mount a campaign to associate Buffalo with chicken wings and rid ourselves of the negatives of snow and cold and the misunderstood beef-on-weck." Budin suggested that the basketball team be called the Buffalo Wings, that the mayor begin wearing a button that says "Do Your Thing with Wings," and that a huge statue of a chicken wing (medium hot) be placed in the convention center. ~,._ , Guv Van Baalen Maybe, but I suspect that it's only a matter of tjme before Budin tells some corporate executive in Memphis or Cincinnati that he is calling from Boofalo and the executive says, "Has the snoo melted yet?" On my last evening in Bufjust before the Katzes — ' — — A Recipe for Chicken Wings falo Ingredients: 8-10 chicken wings (each wing contains 3 parts) Enough cooking oil to fill frying pan Vi" 2 tablespoons butter 1 tablespoon lemon juice 2 tablespoons white vinegar salt, pepper, oregano to taste Frank's Hot Sauce to taste bleu cheese dressing to taste" Heat Vi", of cooking oil in a frying pan over medium flame. Chop wings into 3 pieces, discarding the small piece. Place wings in hot oil; cook for 10 minutes. Turn wings and cook additional 10 minutes./Cook longer if extra crispy wings are desired. While cooking wings, combine butter, lemon juice and 1 tablespoon white vinegar in saucepan and heat to melt butter. Add spices and hot sauce. Place finished wings in sauce pan and cover. Shake sauce pan to coat the wings. Serve immediately with bleu cheese dressing mixed with 1 tablespoon vinegar, carrots, celery and beer! I Makes one double or two single orders. , , lohn lacovelli — October 30,1980 Opinion 7 �Legislature to Meet November on Banking Law by Marc Ganz mining whether banks are dismvesting neighborhoods in State urban areas. Chief among the The New York Legislature will return for a post-election session on November 17, according to Governor Carey and legislative leaders. Several important pieces of legislation, including banking law reform, wine pricing revision, mass transit funding and supplemental budget . authorization will be discussed. The main cause of the special session is commercial and savings institutions' campaigns for banking law revision. Major commercial banks such as Citicorp are threatening to pull credit card headquarters out of New York and into South Dakota unless the legislature raises the maximum legal interest rate and allows the banks to charge a service charge for credit cards. Assembly Speaker Stanley Fink, who killed a similar omnibus bill in June, has stated that he now supports revision of the usury law but opposes a large service charge. Senate leaders are pushing for both measures. Mutual savings bankers are threatening to convert from state to federal charter, in hopes of new powers and privileges. The State Banking Department, fearful they will lose the regulatory power over mutual savings institutions, has joined the banks in proposing radical revision of the Savings Bank Law. Privileges included in the legislation include the right to enter the fields of consumer and business lending, to accept corporate deposits, and to operate a trust department. These new powers are granted to federal mutual savings institutions under the Federal Institutions Deregulation and Monetary Control Act of 1980. Consumer groups are asking On another matter, wine connoisseurs may see their low priced vintage stock for only a few more weeks if the legislature reenacts wine price controls. Wine prices were decontrolled after the New York Court of Appeals ruled the former wine pricing procedure invalid. Governor Carey has come out against reenactment of the wine pricing laws, favoring alternative aid to so-called "mom and pop" liquor stores. Assembly Speaker Stanley Fink has en- suggested amendments are to make the Community Reinvestment Act branch statements public records, to mandate that banks conduct surveys to assess the credit needs of their serviced areas, and the depositor election of mutual savings banks trustees. Several labor unions and the New York Public Interest Research Croup (NYPIRG) are leaders in the lobbying effort. The outlook for the banking legislation is bright, but the outlook for the amendments is bleak. The banking revision by Laurie Gross legislation was killed last year by Speaker Fink, and he is This concludes a two-part under tremendous pressure to pass some legislation this study on the problems of effective waste disposal in Niagara special session. Senate Majority Leader Warren Anderson County. has received a reported $30,000 in campaign contribuCECOS International Inc. is tions from savings banks, in to obtain Departattempting possible violation of the state ment Environmental Conserof laws. has Anderson banking been the main advocate of the vation (DEC) approval for consavings banks in past struction of two additional Legislative sessions and there Secured Chemical Manageare no indications there will be ment Facilities (SCMF) in Niagara County. any difference this year. The CECOS hearings apply In addition to banking to the expansion of a third legislation, significant mass landfill at Pine Avenue and transit funding will have to be 56th Street, and to the conappropriated for the New York struction of a fourth and fifth dumpsite. area Metropolitan TransportaTown of Niagara attorney tion Authority (M.T.A.). The legislature passed a gross Rqbert P. Merino and coreceipts tax on all major oil counsel Barbara Morrison corporations, but inserted a questioned the CECOS panel clause that said the tax could on the already high contamination levels in the groundwater. not be passed along to the consumer. Another clause self- CECOS attributes them to the destructs the tax if any portion 75 years of dumping prior to of the bill is found to be un- their involvement. Robert Stadelmaier, CECOS constitutional. Northern District Judge Neil McCurn Executive Vice President, found the no pass-through pro- testified that the company is researching alternative vision in the legislation was unconstitutional. The case is now technologies which include before the Court of Appeals chemical solidification, landbut the legislature must come to the aid of the regional authorities, or else bus and subway fares will rise substan- that several anti-"redlining" amendments be included in the banking legislation. These amendments will aid in deter- tially. Damages Sought For a Very "Grave" Mistake House, 9-1 October 30 Coffee Room 604 Opinion 8 October 30, 1980 where legislators place their pet projects funding. This year the Governor has also urged further authorizations for state workers salary increases. All indications are that the same leaders will shape their respective houses: Speaker Fink leading the Democratic Assembly and Majority Leader Anderson presiding over the stores. to It is too early tell what Republican Senate. If either political money will be placed house changes leadership, in the supplemental budget. there will be no special sesThe supplemental budget has sion, according to Albany traditionally been a place sources. Effective Waste Disposal? based and ocean-based incineration, electrolytic oxidation, and organic chemical detoxification. He refused to disclose the amount of funds sought for the research. It would tip-off competitors, he said. Questions were raised on the security of secured landfills. Two geologists testified that the bedrock beneath the sight, Lockport dolomite, is susceptible to cracking under pressure and is not a suitable base for landfills. Any cracks could affect the containment of waste. When waste combines with rainwater it produces leachate, a groundwater contaminant. CECOS experts claim the landfills will hoJd in- definitely. New York Public Interest Research Croup's (NYPIRG) Citizen's Alliance is requesting State DEC Commissioner Robert Flacke to hold public hearings on the environmental impact of CECOS' plans. NYPIRG's request is supported by the Town of Niagara, the Niagara Falls Board of Education, Sabre Park People's Association and STOPIT. Tony Lupino, VISTA "State of the art technology exists today to completely treat hazardous chemical waste, to make it virtually harmless." He added cost is the problem. Mrs. Eleonor Conmy, of the Sabre Park People's Association, questioned the panel on health considerations given the residents, of the nearby mobile home park, during planning of the proposed landfill. She received no reply. STOPIT, organized by the merchants along CECOS' facility, expressed concern that Niagara County is being used as a dumping ground. "The public has a right to � know," said Lupino. "People's health and well-being shouldn't be sacrificed for the preservation of a corporation's business secrets." The current proceedings focus on the design standards for the landfills under Title VI, Section 360 of the New Code of Rules and Regulations. Questions of environmental impact, which come under State Environmental Quality Review (SEQR) legislation and can only be addressed through written commentary, will be decided organizer for NYPIRG, said. following the permit decision. Niagara Nuclear Power Plant Construction Costs Rise Rapidly New York, Mohawk Power Corp. is slowing down its other construction programs because the cost estimate for its Nine The Elliott-Hamil Funeral asked what meat was on Mile Point Two nuclear plant Home is suing Southwestern special for the day at the has been raised from $1.4 Bell Telephone Co. for funeral home." billion to $2.4 billion. On Long $311,000 for listing it in the The funeral home, is seeking Island, the Long Island Yellow Pages under "Frozen $50,000 in damages for mental Lighting Co. would have been Foods — Wholesale." anguish, $36,000 for loss of in bankruptcy without the The owner of the funeral business revenues, $25,000 for Public Service Commission's home, John Hamil, said the aggravation of a medical con- intervention that raised utility parlor's reputation had been dition, and $200,000 in ex- rate payers electric bills. This badly damaged. He said, emplary damages. financial difficulty is caused "Some guy even called up and by the high costs associated with the Shoreham Nuclear Plant being built by LILCO. These are two examples of why nuclear plant construction orders have been halted by electric utilities across the United States. The costs inOpen volved in building a nuclear power plant have risen faster Thursday, than expected, and PSC's are grant reluctant to and Donuts stockholder's financial relief at the expense of rate-payers. Therefore, the combination of high construction costs comi bined with the inavailability of International Law Society dorsed placing i wine under price controls again, saying he is fearful of large volume liquor stores monopolizing the wine trade, thereby forcing small stores to close. Governor Carey has suggested the large volume stores pay more for licenses per year, thereby aiding the "mom and pop" In upstate Niagara those willing to pay for the nuclear plants, has forced utility companies to rethink their construction plans. Most utilities have stopped building nuclear plants. In the case of Niagara Mohawk, they have curtailed other construction to pay for the Nine Mile Two plant. Both Niagara Mohawk and LILCO have applied for rate hikes to the New York Public Service Commission. In their rate hike applications, the utilities have asked for rate payer assistance in building the nuclear plants. Tbjs is referred to as Construction Work in Progress (CWIP). Last year Governor Carey vetoed legislation sponsored by Senator James Lack (R.-Suffolk Co.) that would have prohibited the utilities from charging customers higher rates because of construction costs. The PSC presently has unlimited authority to permit utilities to charge rate-payers for CWIP. There are groups fighting the rate-hikes though. Near Albany, NYPIRG's Citizen Alliance has intervened in the Niagara Mohawk rate hike case, in part to challenge the inclusion of rate funds to pay for nuclear power plant construction. On Long Island, a coalition of civic and consumer groups are challenging LILCO's application to raise rates. LILCO is asking for nearly a billion dollars over four years to pay for the Shoreham * plant construction. Rate, payers are objecting to this corporate strategy and have said they will not pay for LILCO's nuclear plant. A symbolic bill boycott was recently staged to protest the increases in utility bills as a result of the Shoreham construction program. The future of nuclear power depends on a receptive rate paying audience. High costs associated with nuclear plant construction do nothing except act as a catalyst towards citizen action against utility companies and nuclear power. �Sea Grant Program Provides Many Opportunities by Ray McCabe agencies, and by private firms. Scientific issues are handled at Second year students who Cornell, legal and sociological are looking for challenge, prac- problems at ÜB. tical experience, and financial Although the Sea Grant prorewards may well find the Law gram is designed to answer School's' Sea Grant Program problems regarding the use of the place to look. bodies of water, the legal The program allows issues involved are not so qualified Student Fellows an limited. "We've handled opportunity- to do substantive everything from labor law to research, and to publish their issues of due process," states own work, while seeking solu- Dr. Robert Reis, co-director of tions to "real" legal problems. the program. "The only thing In addition, student fellows which all projects have in comunder the program receive an mon is a relationship to annual stipend of $5,000 a year water." and a full tuition waiver. Each individual project, Dr. Students devote full time to Reis points out, is handled by Sea Grant projects. The pro- the student. The function of gram begins each January and co-directors Reis and Dr. runs for a full year. Milton Kaplan is to add a The concept of the Sea degree of guidance, and to edit Grant College is an offshoot the student's finished article. from the "land grant" colleges "We must also assume responof the last century. The state sibility for the projects," Reis wide "college" consists of a continues, "even though credit campus at Cornell University for the project is given to the and the Sea Grant Law Center student." in O'Brian Hall. Student Fellows are enProblems from throughout couraged to ..seek the aid of the nation are referred to the other faculty members within Sea Grant College by Federal, the Law School, and of the State and local government Social Science faculty in Baldy Hail, to supplement their indiyidual research. The program also makes use of its own computer located on the fourth floor of O'Brian. Students have several forums for publishing their studies. The program publishes Rhode Island. The application requirements for the program are strict, and obtaining to - Students take time out for last week's SBA party. Guv Van Baalen worked with NYSERDA and General Electric in the development of large scale kelp farming off of Long Island. The goal of the project, named Bio-mass, is the conversion of harvested kelp into methane fuel for the New York City area. Professor Robert Reis, Co-Director of Sea Grant. More importantly, Dr. Reis asserts, the particular agency which present's the problem will rely on the student's findings. "People talk about wanting to do meaningful work while in law school. What could be more meaningful than knowing that your research will be relied on by Larger Trade Unions Organize: Anti-Nuclear Strategies Planned President of the International Association of Machinists, and There has been a popular Sam Church of the United misconception that the more Mine Workers tell of the progressive labor unions are dangers of nuclear power and as ap energy weapons. The two speakers still, sowwse .fjoMtr^ifu^rpj0( no'|*,*9 2 alfjtckSqlt&Mri, or>> .October, 10-12th, one energy sources meant more thousand trade unionists met jobs for union members. r Several resolutions were in Pittsburgh to organize antinuclear and alternative energy passed by the conference parstrategies. Sponsors of the con- ticipants and by the sponsoring ference include the United unions. The resolutions called Auto Workers, the Interna- for regional safe energy groups tional Association of to educate unionists about Machinists, the United Mine safe energy and full employWorkers, the Graphic Arts In- ment and to support antiternational Union, the United nuclear referenda proposed in Furniture Workers Union, the various states. A more general Chemical nuclear plant shut-down International Workers Union and the Inter- resolution was passed by the national Longshoremens conference but was not enUnion, along with the Labor dorsed by every sponsoring Committee for Safe Energy union organization. On Friday night, the conand Full Employment. The conference participants ference sponsored a safe heard William Winpisinger, energy rally at the Pittsburgh the Department of Justice, or by the Sea Qrant program regards a petition by Rhode Island requesting a declaration that Long Island is not actually an island. "We 'submitted an impartial brief on the matter," Reis said. If Rhode Island wins the dispute, it will mean that a larger share of the revenue from the Long Island Sound will be diverted from New York the Department of Defense?" Sea Grant projects have covered a wide variety of issues. The program took a leading role in aiding the New York State Energy Research and Development Association its own Sea Grant Law Journal. (NYSERDA) explore the proOther articles are submitted to blem of coal waste disposal. the Buffalo Law Review. More recently the program has Hilton. DuringMhe rally, a counter demonstration by pro- nuclear electrical workers of the International Brotherhood of Electrical Workers "interfered" with the safe energy ra|ly t according ..to, one con T The ference 'sponsor. demonstrators picketed the conference throughout the , • Another project undertaken available at the Placement Office in the second week of November. Final selections will be made by the end of the semester. Further information regarding the program may be obtained at the Sea Grant office, Room 408 O'Brian Hall. Jacob Javits Speaks Monday, 2:30 p.m. Moot Court Room Two Professors Take Leave: Research Planned weekend. by Steve Gabor This is the first time that trade unionists on a national Two faculty members are level have had the opportunity anticipating the upcoming sprto gather and discuss what ing semester as a time to purworkers can do to stop nuclear sue their individual academic power. Bringing the power of projects. So why, you may ask, trade unions into the fight does this information warrant against nuclear power will add a news article? Well, what a new dimension to the anti- makes this situation unique is nuclear movement. that these professors will be For more information con"taking time off" in order to tact the Labor Committee for work. Spring sabbaticals for Safe Energy and Full Employ- both Professors Wade ment at 153f> 16th St., Newhouse and Barry Boyer are Washington, DC. 20036, (202) slated to be a time to put on 265-7190. the old thinking caps without having to contend withthe normal interruptions inherent to Guy Van Baalen fellowships is usually competitive. Applicants are accepted into the program on the basis of grades, faculty references, personal interviews, and a writing sample. This past year five students were selected for the program. Applications to the Sea GrantLaw Center will be made Studies. The topic. Occupational Safety and Health Standards, will take the form of an interdisciplinary study bringing together the views of various scholars from a wide range of social science backgrounds. Boyer hopes this experience will help him in developing an empirical study he has planned once he returns to Buffalo in June. "Specifically, I'm planning a research project that will examine the enforcement process of OSHA," said Boyer. "There appears to be con- tradicting interpretations as to the actual role of an OSHA representative in settling safe- ty grievances. Through obseracademia. "The extent of my travel vation and structured interplans are to room 412, O'Brian viewing I intend to investigate Hall," said Newhouse. "During what role these representatives this time I intend to finish work play. I also intend to inon my Law and Public Educa- vestigate why younger workers tion materials. This work has are concerned mostly with the been in progress for the past hazards of toxic chemical in ten years now, and this period the workplace while considershould enable me to get it in ing shop safety standards a nuisance." Boyer also admitpublishable form." Customarily, the door to ted that his sabbatical would room 412 is open to all, but in not be one of all work and no this time of intense mental ac- play. He and his wife plan a tivity Mr Newhouse requests few trips to the continent. that visitors "please rap before Professor Milton Kaplan will walking in." Summing up his be returning from sabbatical expectations for this period, he next week. Mr. Kaplan has said, "I'm doing nothing to get been in Bangla Desh preparing a memo on local government. excited about." Barry Boyer's plans will take On his return trip to Buffalo he him out of Buffalo and to Ox- will stop at Nairobi, Kenya to ford, England. There he plans present a'copy of his report to to help prepare a study for the the United Nations DevelopOxford Center of Legal ment Program (UNDP). 3Oct0obe,r 1980 Pjww 9 �.. Record Rack Donna Summer Continues Move Towards Rock by Michael Rosenthal DONNA SUMMER The Wanderer Walk Away Donna Summer was the successful female recording artist of 1979. She had, over the course of that one year, three number one singles ("Hot Stuff," "Bad Girls" and most "No More Tears (Enough is Enough)"), two top five singles ("Heaven Knows" and "Dim All The Lights"), and two number one albums {Bad Girls and On The Radio Greatest Hits Vol, 1 & 2). 1980 was a very quiet year for her. Only one single was released during the first half of the year ("On The Radio") and the only single released before this month in the second half of the year was a rerelease of her second hit single, "Could It Be Magic?" Legally, 1980 has not been a quiet year at all for Summer. In January, Summer instituted a lawsuit large against Casablance Records President Neil Bogart, his wife (and her ex-manager) Joyce Bogart, and Casablanca Records. The jist of her complaint consists of allegations of misrepresentation, mishandling, and misdirection by the Bogarts. Then, prior to any answer being filed, Neil Bogart resigned as President of Casablanca so Briefly creates a spacy, dreamy, otherballads "Danny's Song" and worldly effect. Disco fans ANNE MURRAY'S GREATEST "Sjhadows In The Moonlight," might not exactly go for the HITS every aspect of Murray's Despite the fact this album career is covered. The earliest slowness of this piece, but its roots are just as strongly disco was released during the tune on the album is as they are Synergy or Jean Christmas season there is no "Snowbird" and the most reMichel Jarre (two of the more question that Murray was due cent is her current single, noted synthesizer artists). for a Greatest Hits album. She previously available only on "Running For Cover" and has been racking up hits for the Urban Cowboy soundtrack, "Who Do You Think You're almost a decade now and this "Could I Have This Dance." the Foolin' " are very memorable is the first such album release Furthermore, on and is for her. this of the Everything ordering tunes "Breakdown" chronological pop strong . in the Summer album is also a bona fide hit songs on the album nicely aids rock/disco mold. "Looking Up" with many of her lesser hits in examining the growth of one is about the closest the album omitted. In fact, not a single of the finest crossover councomes to genuine disco. Final- cut that missed the top forty try/pop artists of the last ly, "I Believe In Jesus," a appears on this album. Further- decade. strange melding of gospel and more, the variety of the songs Summer's disco based ballad on this album easily surpasses style rounds out the album in what can be found on any Mur- KOOL AND THE GANG as unexpected a manner as the ray release at any time. From "CELEBRATE" This group finally came into the rocking Beatles cover "You title song began it. own last year with Deodato to its This album will take a while Won't See Me" the sprightly Monkees remake aboard as producer and with to grow on you, but most of pop new Jead Summer's releases have. It is "Daydream Believer," to state- the addition of a her refusal to be categorized ly ballads like "You Needed singer. Ladies Night was a and her willingness and ability Me," to the gentle flowing smooth disco album and it to change that have made her the only true star to have risen during the disco boom. Walk Away is Casablanca's mmmmmmwammomaoammmmmmf attempt to continue milking Donna Summer for all they can. The release of "Walk Away" as a single made sense, for it focused on a style ignored by single releases and was possessed only by those who owned the Bad Girls album. The release of the album Walk Away is atomplete rip-off. Every cut on the album with the exception of the title song, appeared on On The Radio Greatest Hits Vol. 1 &2. Five of the Cuts, fully half of the album, appeared on both the latter album and Bad Girls. Remember, the sole purpose of this album is to milk the catalog possessed by that he could form an entertainment complex, whic he has now formed and christened Boardwalk Entertainment. Summer at that point exercised a "key man" clause that she and Kiss both had in their contracts with Casablanca. This clause provided that should Casablanca and avoid the Bogart cease to be operations album. Stick with those that manager of Casablanca came out while Summer was Records, the artist could, at still under contract! will upon such termination, opt out of their contract with the label. Casablanca soon brought countersuit against Summer for breach of contract, and sought injunctions against Summer signing with another label and releasing AAX * Loophole© records on another label. These injunctions were all denied, Summer became the first artist to pact with Geffen Records (John Lennon is the second), and the single and album entitled The Wanderer have finally been released. Even more obvious than on the Bad Girls album is the cross between a rock and disco orientation on this album. The title song has a new wavish feel to it, the vocals are deeper than Summer has ever sung before, and the instrumentation has a hard-edged rock feel. Even more rock oriented is "Cold Love" with its incessant drum beat and a stinging guitar solo. The vocals here are much more in a recognizable Summer style, but it is the rock voice of "Hot Stuff" instead of the disco diva of the early years. The most Euro-disco of the is "Grand Illusion " However, unlike the early synthesized effects of "I Feel Ift Love," here the synthesizer pieces Opinion 10 October 30,1980 byhalmalchow contained one of the best ballads of the year also ("Too Hot"). The lessons learned with Ladies Night have been applied with Celebrate! and. expanded upon. The smooth jazzy disco exemplified by the title single on the last album is here showcased on ''Celebration," "Take It To The Top" and "Love Festival." This album has three exquisite ballads ("Just Friends," "Love Affair," and "Jones vs. Jones"). The latter song should-instantly appeal to anyone bothering listen to the lyrics and the fine vocalizing very much resembling that of "Top Hot." The growth this group has shown through their most recent two albums should keep them on top for many years to come. And this from a group to whose claim to fame was once Jungle Boogie\ maj] \\\ r~ |_ |~ Wf | |i ' C %4%? I thors.oct.3o 3:30 P.M. , IN THE i, ~ % 4VfJj ' AUDIOVISUAL. DEPT ,s+h FLOOR OF LIBRARY 1 n Mj> ;, - >J [iiulM �Pep Talk Second Annual Next-To-Impossible Sports Quiz by~Joe Peperone Everyone loves an argument, especially lawyers, or future lawyers. So, I'm going to present you a) Hank Aaron b) Ted Williams leader in the majors? c) Pete Rose d) Al Kaline to lead the league in penalty minutes one year, and win the Lady Byng trophy for sportsmanship and clean play 12) Who was the only onearmed baseball player in major another? 1941). b) Pete Rose Stan Musial d) Ted Williams c) Hank Aaron c) c) Brooks Robinson with something to think about, 4) O.J. Simpson is not the on-' as well as something to argue ly Buffalo Bill in the record my annual next-to- book. Which Bill holds the NFL over impossible sports quiz. record for recovering his own Sharpen your pencils and fumbles (37, to be exact)? proceed; the answers will be printed in the next issue. 5) Almost everyone knows that Babe Ruth finished his 1) Everyone knows that Lou career-with a record 714 home Gehrig holds the record for runs, but that isn't the record consecutive games played anymore. What is? with 2,130, but who is second 6) What former Buffalo Bill with 1117? ' a) Stan Musial shares a world record in track b) Pete Rose that will never be broken? *-^ c) Billy Williams I d) Ron Santo 7) Phillies fans are now c) Gil Hodges celebrating the end of over 90 years of waiting for a World 2) The National and Championship. What teams' American Football Leagues fans have now waited the merged in January, 1966, but longest for a Championship? each league kept separate statistics and gave separate 8) What hockey player holds awards until 1970 Sometime in the record for most goals in a that four year span, a_Buffalo season, including playoffs? a) Phil Esposito Bills' running back won the AFL's Rookie of the Year b) Bobby Hull c) Mike Bossy Award. Who was he? s d) Reggie Leach 3) Who holds the major c) Guy Lafleur league record for grounding in9) Who is the lifetime RBI to double plays? ... tional Hockey League player leaguer to hit .400 (.406 in Who was the last National Leaguer to hit .400? a) Ty Cobb league history? 15) Bonus: If you're still with me at this point, I'm sure to 13) Who was the last major lose you now. What do these league baseball player to win three men have in common: the triple crown? Dr. Benjamin Spock, General 11) Everyone knows Ted George Patton, and Mark 14) Who was the only NaWilliams was the last major Spitz?^ 10) What is the major league record for most strikeouts in one inning by a pitcher? Audrey and Al Invite You to Visit Their Military Recruitment Shop especially as summer interns, and deserters represent deserters and and best of all, you don't really What's the matter, booby? join, you are a civil service other incorrigibles by pleaYou say law school is getting employee, no commitments! bargaining for undesirable **■ you down? You say you sent And the best thing about it discharges (i.e., certificates of out your resume to the printer, unemployment) is you don't have to feel shy or and all you got back was 500 embarassed because times court-martial people for match books with covers tell- have changed! preference Yessir! Gone their sexual ing you to take a cor- are the bad old days when that demonstrate their comrespondence course in plumbstupid war made people ner- mitment to affirmative action allowing 6.2% of their ofing? You say you got the vous about working for the by to be black, while 51% mumps on the day of your big government. People ficers underinterview and the guy told you their are prisoners of black today. Yessir! A recesthat you probably wouldn't fit stand restrict women's job opsion and a tight job market can int because his whole office is portunities (in the Navy, only silence most any little moral 24,000 into jogging? You say you're scruple. of 464,000 enlisted jobs It's cool, now. Yessir! feeling uptight because No more chanting, "ROTC, off can be filled by women, in the everybody you know has got. Campus," no more picketing Marines, 6,900 of 137,500, and jobs locked up while you can't Dow Chemicall Believe me, in the Army, 55,000 of 676,000) even' get a response from that are gearing up for big booby, the illusions are gone. with their nuclear first things plumbing school? Yessir. We aren't talking about strike capability and their WELL, LIFT UP YOUR HEAD Peace Now, we are talking special commando force for AND TUCK IN THAT CHIN about your car payment. third world operain action AND PUT A SMJLE ON YOUR Yessir. tions (no minorities need appFACE, JACKSON, 'CAUSE IT'S If you're still not sure, don't ly) A NEW DAY DAWNIN', A Believe me, booby, military forget there's the glorious First NEW DAY! And march Amendment, just in case law is in. Bigger than plastics. yourself in' to AUDREY A~Nb there's a few killjoys left out To hell with those snooty Wall AL'S MILITARY RECRUITArmy got a Street„ firms.. Amateurs! Join MENT SHOP, because 'thfey there. Ain't the to right tell their side? Ain't the people who know where have got a deal for you today! you got a right to hear them, if class warfare is really at. 100% Why, you can work for the you want? What's the freedom pro bono publico! U.S. Air Force, or with the Ar- of contract all about, anyway, But don't take my word for their prayers by night" until a my JAG Corps! The Navy has and free enterprise too, if the it. Just keep your eye peeled full moon rises? been around, and the Marine's military can't come here to for the Placement Newsletter. 9) What must one burn to are on their way. Audrey says persuade you to join the poe- At Audrey and Al's the motto summon a mummy (answer the JAG Corps is interested in plewho: is: We're here to serve them, I and complaint nontwithstanfirst year students, too, prosecute draft resisters mean you. ding)? 10) How to the creatures die in War of the Worlds and which planet are they from? BONUS: Who played "Frankenstein" in the original 1932 movie version classic? / cannot go back to that house, for it is haunted. jtcs9 tkS Yes, haunted by the memories of you, memories of us by David Nelson — — — — Monster Movie .. Quiz by Edward M. Sinker 1) "The spider spinning his the web for the unwary fly blood is the life " was said by ?? in which horror movie classic? 2) What must a vampire have in his coffin to survive? (Hint: not a mistress) 3) In Night of the Living — often moviegoers as confused often are two the monster; tein Frankens- the played Karloff Boris and Frankenstein played Clive in Col- BONUS: and martians, the kill ultimately air the in Microbes 10) leaves, Tanna 9) wolfman, the on pentagram the of sign the 8) cross), a with etched (preferably heart the to bullet silver a and water, ning run- fresh well), as headaches mon com- most (cures garlic with head the of stuffing subsequent and The transporter room in the popular Star Trek series was the subject of an unsuccessful experiment in what horror movie? Who played the scientist? (Hint: He once starred in Voyage to the Bottom of the Sea.) 6) What strange weed (no foola arounda or I slappa you face) causes a change in Lon goes: Here Chancy? What monster did he decapitation sunlight, Lawrence 7) Talbot movie, the in portray and what was the name was wolfman the whose movie? monster's name in the Hedison, David 7) Perhaps the most well on Wolfbang 6) 5) (Remember?), by played Fly. The known way to kill a vampire is beast!" the killed that beauty was driving a wooden stake "It Kong, kill not did bullets firing through his heart, but can you airplanes Wray; Fay 4) mosphere, name at least four other at- earth's the into crashing and methods which wort* -equally reentering spacecraft a from tivity land Radioac- 3) Transylvania, as well? 8) What symbol can be native his from Soil 2) Dracula. 1) ANSWERS: found on all "men whosav in.! Lugbsi Bela 5) . . .. C~~ The Haunted House Dead, what causes the dead people to come back to life? 4) What actress did King Kong carry to the top of the HALLOWEEN!!! HAPPY State Building and "Frankenstein." as what finally killed the gigantic incorrectly, monster, the to refer gorilla? . — — — Awsf-~~ Moments we shared as two carefree spirits waiting quietly. Hide in every room .. £m&Sk .. -MSf No sadder sorrow than that which enshrouds a depressed body, For death is nothing more than a passing time passes. ~~- " _ ~ iMil^l ~-—^H§Sl --' -^^SrW And so like the corpse that cannot see past the four walls which surround it, I lay in the house entombed by bittersweet memories of the past. i Blinded by past and present, I will see no further Evermore, the star twinkling on the horizon. Oh Spirit of the Future, I dread thee most of all For thou never presents thyself ... — — Your ghost hides in those special rooms rooms we knew too well. The hollow walls echo the laughter and love we once shared there. If not for the ghosts, alone. I would surely be i . ' quasi N. Rem ('81) October 30,1980 Opinion UWJJ .WroiJofcv. iisnvtjd 11 �UB Law Professors Offer Curriculum Proposals and Criticisms continued frompage one year progression where one course leads to and provides a basis for the next. According to Boyer, areas that could be bolstered include corporate, anti-trust, government regulation, and public law. He would also like to see a greater emphasis on skills training, writing and advocacy practice. He feels, for instance, that a New » York Practice course would be more useful if it imparts a faculty member with someone is weak in the complex corwith the same area of porate and property areas, and knowledge.' would also like to see more The acceptance of larger in- training in writing. He is coming classes the last few another who feels that lack of years has meant that the law resources severly hampers the school is somewhat thinly staf- curriculum. "If you increase fed in relation to student the number of seminars to enrollment. Why? Boyer cites teach the writing skills, you budget problems. decrease the number of Associate Professor Mar- teachers available for the shall Breger agrees with Boyer . that there is a need simply for lamiiiniiimiiiiMiiimni i m^amsuamaaiv^ammmmm regular courses." According to Breger, the key to establishing creative courses within the law school curriculum is recruiting the creative people to develop and teach them. Associate Professor John Schlegel advocates a criminal procedure course to be taught parallel to a course in civil procedure. He says he would like to see a corporate finance course which would "roll together aspects of corporate more practical knowledge of more courses. He contends and security material." Other the procedure, rather than just that "the mission of law school areas which could be going over the rules. curriculum is not to stress what strengthened, according to Boyer points out several was important yesterday, but Schlegel, are advanced prorestraints on the amount and to equip students for what will cedure/complex litigation, variety of courses which can be important tomorrow." In business and labor regulation, be offered. "When I first got this regard he would like to see juvenile law, and tactics and here in '73, faculty turnover course offerings in the area of strategies. was more of a problem than it computer or solar law, for exWhen asked if there were enough forward-looking is now, and it isn't always ample. possible to replace a departing Breger feels the curriculum courses in the curriculum. Associate Professor Marshall Breiger. Guy Van Baalen Ba len Van Guy Associate Professor John Schlegel (exclamation point)! Schlegel replied that there was Dean Headrick, there are cur"not a lot of work going at " rently no formal proposals developing them. He did, from any faculty members to however, point out as an examteach new courses. Associate ple of such a course. Professor Dean Boyer says that the proMcCarty's course in Data cedure for polling the faculty Banks and Privacy, which for suggestions for new Schlegel called "a good course courses is just getting under that was under-subscribed." way and he expects to be getting some proposals in the Schlegel also said he felt future. that the curriculum "doesn't While there were many sughave enough courses that pur- gestions for course additions, or noncounseling, sue suggestions for lawyer-like there were no advocacy course deletions. As one faculbehavior." ty member, who declined to be Although there appears to interviewed, put it: "You don't be no end to faculty ideas for go around kicking your colimproving and expanding the leagues in the teeth. At least law school curriculum, states not in print." Cathy Carrick Appointed New Library Director continued from page one faculty and students of the Law School and has a collection of over 227,000 volumes and a total professional and clerical staff of 24. She will concurrently serve as a member of the Law faculty. Kathy holds a B.A. from Duquesne University where she majored in journalism. In 1973, she received her M.L.S. from the University of Pittsburgh followed by a J.D. in 1977 from /•rtnri'riii/1/i rmm nnno f\r>& the Cleveland Marshall College of Law of Cleveland State University. Kathy was admitted to the Ohio Bar in November, 1977. Prior to joining the University Libraries, Kathy was a research assistant for both The Plain Dealer and the Ohio Public Interest Campaign. Her first position at SUNY/Buffalo was as Head Reference Librarian and acting Public Services Librarian at the Law Library, a position she held from August 1977 until August 1978. She then was promoted to Associate Director, Public Services Librarian and held that position until her recent appointment as Director. Since joining the Law Library, Kathy has been involved in a variety of projects. One of her major accomplishments has been the acquisition of LEXIS. She was instrumental in writing the budget justification, which made it possible for the Law Library to obtain this research tool. Kathy helped coordinate library participation in the Legal Research and Writing Course offered by the Law School. In addition, she coordinated a highly successful Institute oh Legal Research, a program of the American Association of Law Libraries, which was held at the Law Library in 1978. Kathy has served on a variety of committees and organizations, including the Libraries' Public Services Committee, the Library Faculty Program Committee, for which she was chairperson, the Faculty Senate and the Law School Appointments Committee. She is a member of the American Association of Law Libraries, The State University of New York Librarians Association, the Association of Law Libraries of Upstate New York and the American Bar Association. Kathy finds the biggest challenge of her position to be administering a majdr academic law library within the constraints of the State University system. Kathy has already demonstrated her abilities in this area by her skillful handling of the continuing budgetary and personnel cuts within the Law Library. Kathy has authored an article entitled "A Case Study Approach to Legal Research: the Kent State Case," which appeared in a recent issue of the Law Library Journal. As a member of the law faculty, Kathy will continue to do research. She has not yet decided what area to conceninterested in first amendment issues. trate on, but is While Kathy spends many hours each day in the Law Library, she has time for hob- bies, which include bike riding and skiing. She is also an avid sports fan. Though Buffalo has three major league teams, Kathy is disappointed that there is no major league baseball team. When asked about the Bisons, Kathy, who was raised on professional baseball (her father played the sport), stated, "Even the Indians could beat them!" Reserves Dwindle: SBA Budget "No Cause For Alarm?" . Presently, there is only $351 unallocated in the SBA's budget. SBA officials say there is no cause for alarm since "groups have never spent as much money as they've been allocated." Some groups. may be requested to take immediate budget cuts so there will be adequate surplus funds available if needed. „„. Office Recruit Women's Law Total B.A.L.S.A. -*-*/ Total BLP. Total . Office Dues Recruit Ne-le«er Symposium LSAT Workshop Orientation Community Outreach ' ...„ „ Open House Travel Xerox , _. v E Visitor's Forum Distinguished ota ' ' International Law Total Moot Court Desmond art Page twelve Opinion ° 300.00 1.963.49 75.00 125.00 225.00 425.00 To ta/ Opmion _ Office Convention October 30, 1980 300-qa ' 150.00 Movie Total Center for Public Interest Law „ Off.cc 40.00 100fJ0 Tola/ 7 303 73 Consumer Mediation Board Recrujt '***• S.B.A. Commencement Total Orientation Total Sub Board 4750 ° ■ 555.00 S I 35.00 Total 35.00 Telephone for all organizations S.B.A. Office External Affairs 700.00 Conventions (Earmarked) 50.00 183.50 Student Evaluation Booklet Allocation (University-wide) Accounting Fee - 1,500.00 1,500.00 3,000.00 1,698.29 1,117.75 10000 100.00 1,600.00 700.00 . Total Public Interest Law Board Total • OSHA Committee Tota/ ' xLto 40.00 137.00 51.28 40.00 Office Newsletter 370 R3 ° Office Postage S Writing Comp. g»g ph„tn ot ° Journal 65.00 10000 Total 165.00 HANALSA „. 114.98 Office Project . Environmental Law Society ,158.50 Conference lotal 4,126.25 1,200.00 50 80.00 35.00 50.00 35 00 125.00 SB.A. Social 100.00 Athletic Fee (University-wide) 50.00 s.B.A. Jessup 200.00 pad „ Orientation Newsletter Recruit Dues Community Pro ect i./uiuu Recruit Competition Total National Lawyers Cuild ,nm 50.00 225.00 2750 63.49 200.00 300.00 10000 400.00 300.00 300.00 - Unallocated S.B.A. Total Recruitment Orientation Newsletter Office Telephone Xerox Books Recruit Office Projects Office Xerox Books D " eS "- . 300.00 100.00 75.00 666.28 50.00 854.00 40 00 25.00 45.00 1,014.00 50.00 3,000.00 3,050.00 50.00 40,00 75.00 50 21500 351.01 -°° $38,679.96 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/99e5afa099279e16dab2b7a898fadbec.pdf 2b30bcbbeee739d5c191ed0243bfc4c8 PDF Text Text Ferster, Eoannou Win Moot Court Competition by Pat Jayne "Hear ye, hear ye, the Supreme Court of the State of Niagara is now in session to hear the case of Erin McGregor v. Harmless Chemical Company." With that the final round of the 1980 Desmond Moot Court Competition began on Saturday,,November 15. This event was sponsored by the Moot Court Board. The winning team was Alan Ferster and Thomas Eoannou, who defeated the team of Scott Oakley and Matthew Newman. Respectively these teams won in the Friday night semi-final rounds over Lynne Monaco ed, presided as Chief Justice in the finals. Judge Desmond, a UB alumnus, is the retired Chief Judge of the New York Court of Appeals. The final panel also included Matthew J. Jasen, Associate Judge of the New York Court of Appeals, Judge Ellsworth A. Van Craafeiland of the United States Court of Appeals for the Second Circuit, and Michael F. Dillon and Richard D. Simons of the Appellate Division Fourth Department. Best Brief honors went to Matthew Newman and ScOtt Oakley, First Runner-up went to Alan Ferster and Thomas Eoannou, and Second Runnerand Andrea Roth and the team up to the team of Carmen of Carmen Grullon and Mark Grullon and Mark Pullano. The Pullano. Best Oral Advocate award Charles S. Desmond, for went to Lynne Monaco. The whom the competition is nam- First Runner-up was Scott Brom left to right: Winners at the 1980Desmond Moot Court competition, Alan Ferster and Thomas Eoannou. Former NY Chief Judge Charles Desmond (far right) presided as Chief Justice. Oakley, Second Runner-up was Alan Ferster and Third Runnerup Alex McQuiston. The competition attracted thirty teams of second and third year students who argued before panels of local attorneys. The teams wrote Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 briefs on liability for dumping toxic wastes and what the appropriate remedy should be if liability is found to exist. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 5 State University of New York at Buffalo School of Law November 20,1980 Two Profs Receive Offers From Law Faculty by Bob Siegel The law school faculty, ac- ting on recommendation from the Appointments Committee, last Friday voted to offer two individuals positions on the committed to the full and open exploration of ideas and to education about them" His areas of teaching 'interest coincide with the present needs of our law school. It is expected that he will be called upon to teach a first-year Torts section. With Professor School of Law. where he was tion and on land-use regulaEditor-in-Chief of the New York tion. Freeman was granted tenure at the University. of University Law Review. Freeman has been a ProMinnesota largely on the basis fessor of Law at the University of his teaching ability, accorof Minnesota Law School since ding to Minnesota Law School 1971. It is rare for our law Dean Robert Stein. He has a school to have the opportunity reputation as being a "good to offer a teaching position to teacher" and as being popular someone possessing nine years with students. Freeman is interested in of legal teaching experience. While he ha 6written some teaching in the property law scholarly pieces in discrimina- and constitutional law areas. law school faculty. Both individuals show great promise. David Engel will be offered Jacob Hyman's inevitable a three-year appointment at retirement approaching, this the rank of Visiting Associate Will help fill an upcoming void. Professor. Engel is an expert in Engel also expressed an inthe field of .Southeat Asian terest in teaching Family Law. studies, specializing in Thai With Professor Grace law. Engel is a "well recog- Blumberg's return to SUNY nized scholar at a young age" still in doubt, Engel may also according to Professor John help to fill a faculty gap in this by Linda Nenni Henry Schlegel, chairperson of area of the law. the Appointments Committee, Engel also hopes to have the On October 13, 14 and 15, "capable of and likely to conopportunity to teach two the Law School conducted its tinue to produce substantial, upper-class electives: commost successful Phonathon and very interesting" writings. parative law and law and an- campaign ever. David Engel received an thropology. Neither of these Sponsored in cooperation undergraduate degree in courses has been offered at with the UB Foundation, this American History from Har- this law school in the recent year's program was coorvard University. He then did past. dinated at the Law School by his graduate work in history at The only possible drawback Associate Dean Alan Carrel Yale before attending Universi- to Engel's appointment is that and by Linda Nenni/a former he has had no prior teaching professional fund raiser, who is ty of Michigan Law School. Engel's scholarly writings experience. currently a first-year student, Alan Freeman wijl be of- and who will be working with are abundant. He has worked at the American Bar Foundafered a position of Visiting Pro- Carrel fn expanding the tion, in the capacity of fessor for a one-year duration. school's develoment program. Research Attorney and Project In contrasting his to Engel, The campaign is designed not Director, for the last four Schlegel stated that he "was only to supplement the funds years. Felice J. Levine, Coequally unusual, but in a very, which the State provides the director of the Research Pro- very different way." Law School, but also to Freeman, an undergraduate generate goodwill amongst our gram in Legal Education at the American Bar Foundation felt history major at Brown Univer- alumni. Engel was "a scholar's scholar sity, received his Juris DocTwenty-two students parin the finest tradition of being torate at New York University ticipated as volunteer callers joining twenty-seven aJumni, Dean Thomas Headrick and Associate Dean Carrel for the year's record-breaking campaign. In three evenings, With the futures of Hyman, Professor W. Howard Mann at the law school uncertain. Freeman, like Engel, will help fill faculty Blumberg, and gaps. Professor Wade Newhouse, who plans to join the "constitutional law team" next year, felt that Alan Freeman would be a "fine addition." Phonathon is "Most Successful" Have A Happy Thanksgiving - These private contributions provide flexible funds to help meet many immediate and unexpected needs at the school and to assist programs that do not receive adequate state support. For example, private money is used to fund some student assistantships and most scholarships and awards. It also provides part of the budget for the Library, the Trial Technique program, other clinical programs. Moot Court, the Buffalo Legislation Project and the Buffalo Law Review. In addition, alumni contributions provide significant funding for faculty recruitment and for the placement office's programs. Private money is used to rent equipment or hire part-time support staff when the need arises and State funds are friendly phone call from a student or fellow alumnus provides the opportunity to reflect upon the value of one's degree, the growing stature of the Law School and the importance of continuing its tradition of excellence. "Interested and enthusiastic volunteers were the key to the success of Phonathon '80", stated Alan Carrel. "Our students made a vital contribution to this year's campaign." Students who participated in Phonathon '80 were: Mark Berkovits, Howie Bluver, Dale Clark, Debbie Decker, Joe De Maria, Pat Dooley, Peggy Fabic, Josephine Greco, Tanta Harvey, Elaine Herald, Diane Hinman, Jim Keneally, Steven Kirchner, Wanda Lucibello, Jon Malamud, Larry Malfitano, Vicki Martin, Linda Nenni, Glenn Pincus, Ruth Pollack, Jeff Taylor, and Mary Walterich. For information, contact: Alan Carrel, 636-2056 or-Linda unavailable. The personal contact made possible by the Phonathon campaign is often very meaningful to those alumni who $16,425 was pledged, more Vnay have lost contact with the than double last year's total. Law School over the years. A Nenni, 636-2060. , �Vol. 21, No. 5 Opinion ■ President's Corner November 20,1980 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Photo Editor: Business Manager Placement's NYC Program: The Bitter Taste of Ice Cream answer to that question is Marc Ganz Ralph W. Peters Guy Van Baalen Jim Kraus more complicated. First, our perceptions are ecologically fallacious to a large extent that is, because we as individuals are thinking about driving ice cream trucks this summer, we assume that everyone in our predicament, present and future, faces the same crisis. Not so, in the longer view, asserts Mr. Carrel. Anybody hired from UB anywhere opens a new potential employment to a broader pool. Which is nice, you say, but what about me? I'm not a member of a class of people — I'm an unemployed individual. This is the broader question, and its answer goes to attitudes. I'm told that Placement finds seminars like last week's to be frustrating ventures, first because they tend to be so poorly attended, and second because the attitude of those in attendance is often sullen, and sometimes out and out hostile. Although Mr. Carrel professes that he is unaware of any resentment directed at his office, his defensive attitude (a common trait on the third floor, I've discovered), and his eagerness to do something to help the vast majority of the school's population who don't know what they're doing this sum- — Staff: Doric Benesh, Joe Peperone, Alan Beckoff, Bill Altreuter, Laurie Gross, Mike Rosenthal Contributors: James B. Atleson, Peter Bergenstock, Michael Colnes, Steve Gabor, J. Lawrence Herzog, Pat Jayne, Barbra Kavanaugh, Linda Nenni, William Parker ; © Copyright 1980,Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Save A Sinking Ship by Bill Altreuter The bitter taste that the Placement Office's New York Interview Program left in many of our mouths was, I think, understandable. For those of you for whom the program was a success, congratulations. For the rest of us, take heart. Alan Carrel tells me that he can't create markets for jobs. He can, however, show us where the markets that do exist are, and what we can do to tap into them. Last week's Placement Seminar was a response to that need, implemented by Mr. Carrel in order to broaden the base of the Placement Office's constituency. A candid man, Mr. Carrel says that we, the people that are not being pursued by the New York City legal community, are precisely the constituency that needs his office the most. Why is it that we seem to be the ones who are helped the least? The mer and are unhappy about it, indicates that he's at least aware that there's a problem. Programs like last week's are a start and it should be noted that Mr. Carrel has accomplished a lot, with resources that can be best described as scanty. The placement office has highly competent people, but there aren't many of them. Nonetheless, much of our resentment can be said to be a manifestation of relative deprivation. Nobody was going to the New York Interview Program five years ago, because there wasn't one. And to the extent that people attend seminars like last week's, they are being aided in their job hunting. After academic policy, — placement is my biggest priority. Placement's constituency needs more from placement. Ideally, for example, the office should attempt to coordinate trips to employment centers like New York and Washington so that groups of people could share expenses when they hit the bricks. We're all employable, but we need support and direction. I'm working with Mr. Carrel to see that more is provided. Let me know if you have any suggestions about help you need and feel you aren't getting. Breger's Tenure to be Decided relationships with peers and your assessment of Professor colleagues, evaluation results Breger's teaching ability, his This year. Associate Pro- and publications are critical knowledge of the subject matfessor Breger will come before, elements in the Committee's ter, and his interpersonal relathe Promotion and Tenure decision. tions with students. If you have May I ask you to write a legiCommittee which will deterread his published articles, you mine whether he will receive ble and thoughtful letter to the may comment on them. permanent appointment. This convenor of his committee, Thank you, in advance, for process applies to all faculty Professor Lee Albert, care of your kindess, thoughtfulness members at various stages of Ms. Cheryl Tubinis, Room 523, and care as you help in the O'Brian. The letter must arrive evaluation process. their careers. Several factors enter into by Thanksgiving recess. It must Allairganfield the decision process. Student be signed by you. AssistantTDean for letters, faculty assignments. The letter might include Student Affairs To the Editor: OPINION Should Apologize To the Editor: Opinion doesn't want your garbage, but we are in a crisis situation. We offer students a mouthpiece for their ideas and a showplace for their creativity and talent. We're wondering why this forum is being under-utilized. Opinion can be an innovative, activist newspaper. It can serve as the catalyst for change. But it needs help — your help. News and feature writers, photographers and graphic artists: whatever your speciality is, we need you. People with fresh and creative thoughts would be appreciated. The future of this paper is in doubt. If Opinion folds due to lack of student support and input, it will be your loss. Please don't stand by idly and wave to a sinking ship. Instead, lend us a hand. Please drop off your replies, ideas, thoughts, or contributions in the envelope outside the Opinion office Room 623. Feel free to express any suggestions you may have our pages, ears and minds are always open. — — 2 Opinion November 20,1980 place and insulting, but also inaccurate. At least we can rest assured that Mr. Nelson won't be taking the military up on its programs for women and minorities; he doesn't know Believe me, booby, he won't be so smug when it's his car JACKSON, A NEW DAY payment. SHOULD DAWN AT YOUR The Opinion owes at least ESTABLISHMENT, TOO! YES, three apologies: one for belitA NEW DAY DAWNIN', tling students who have taken WHERE NEWS IS NEWS AND about them. or are interested in military OPINION! Perhaps the ultimate irony jobs, one to Placement for atI'm sorry, booby, but I found would be to see Mr. Nelson, up tacking a job they do well, and your (should I really call it?) against the tight job market one to the student body at "coverage" of the Placement himself, end up defending large for not keeping OPIOffice military recruitment "deserters and other incor- NIONS where they belong. program in less than poor rigibles by plea bargaining for taste. It did not appear on the undesirable discharges (i.e. cerAmy Jo Fricano editorial page, and provided tificates of unemployment)." no notice of being, or attempting to be, news commentary. EDITOR'S NOTE: Opinion opinion. Surely no self-respecting apologizes for not clearly labelThe editors remain dedicated to our original commitment of newsperson would classify ing Mr. Nelson's article "comthat opinionated piece of mentary." However, the fact working diligently to improve drivel as news or even feature. that Mr. Nelson's article didapthe quality of this newspaper. Mr. Nelson may have some propriately carry a by-line We note your criticism and (questionable) knack for coupled with the practice that stand firm to face consehumor, but its application to Opinion speaks only in its quences of a responsibility we the Placement Office's sincere editorial on the editorial page have promised to fulfill. We attempt to provide students preclude one from reasonably shall not quit nor shall we run > with information about jobs of concluding that Opinion has in from those responsibilities. all kinds was not only out of any way adopted Mr. Nelson's OPINIONJS �Headrick Deciding Vote: Credit for Law Review by Bob Siegel Editor-in-Chief of the Review, felt that the major goal of the Dean Thomas Headrick cast Review was "good quality trie tie-breaking vote in a 12-11 legal research and a good decision restoring academic periodical." If the taking of a credit for participation on the "five course load" was Buffalo Law Review. The quired, this would have an restoration of credit decision adverse affect on quality. will be for a two-year trial Therefore, the major reason period at which time it will be for the restoration of credit re-examined. would be to improve the qualiThe Review petitioned the ty of the publication. Academic Program and Policy The faculty voted to accept Committee lAPPC) for the a proposal which would rerestoration. Associate Dean quire each Note and Comment Barry Boyer, chairperson of the Editor (there are currently APPC, in addressing the facul- seven Note and Comment ty, stated that "the Review Editors) to seek out a "faculty responsed to our concern with sponsor" who would have final student-run organizns" and approval of credit decisions. now the "ball is back in our The goal is to make faculty incourt." volvement as extensive as maw Shapiro Mike photo by The present editorial board (from left to right) front: Joe Peperone, Larry Malfitano, Elaine Herald, Melanie Cyganowski, Deborah Case. Rear: Erik Lindauer, Renee Lapides, Scott Wright,. Janet Lascola, Mary Fahey: Missing: Elyse Lubin, Sheila Meek- Hyde, and Mark Rosen. directions. The Note and ComEditor is chiefly concerned with deadlines, drafts and time constraints. The Professor Jacob Hyman felt possible. faculty member should be conthat the Editorial Board of the This "general faculty com- cerned with quality alone. As Buffalo Law Review was in the mitment" to involvement, as Professor Al Katz pointed out, process of "re-examining Professor Hyman referred to it, "The time system cuts against policy and mode of operation did not meet with total faculty publishable quality." In his in raising the quality of the approval. Some faculty prior dealings with law review Review." Hyman was of the members felt conflicts would personnel, Katz'pointed to colbelief that for the kind of work arise between the faculty lateral issues that would arise done on the Review, giving member and the Note and during discussions and could credit was appropriate. Comment Editor. At times they not be adequately pursued Elaine Herrald, current would be pushing in opposing because of time constraints. ment "Publication constraints are in- tide was in its final stage of consistent with quality work," completion, DelCotto felt that Katz said. Katz was correct in his assumpThe faculty decided, after tion that it would be too late much debate, that restoration for the faculty member to be of credit for the Review was of constructive help. dependent on quality control, DelCotto, Professor and quality control was, in .however, envisioned conturn, dependent on faculty in- tinued faculty involvement. volvement. Professor Louis This is also what the Editoral DelCotto felt the question of Board of the Review envisions. "when the faculty was to be in- In two years we will find out volved" was of major impor- whether this vision has become tance. If the faculty involvea reality. ment was to occur after the ar- Freedman Speaks on Attorney-Client Relation by Edward M. Sinker Monroe Freedman, reporter for the American Trial Lawyers Association, American Lawyer's . Code ot Conduct, spoke on "A Code of Ethics for the Legal Profession" to a capacity-filled Moot Court room. The talk was arranged as part of the first-year ethics course and was open to all law students. Freedman, former Dean of Hofstra Law School and author of the influential Lawyer's Ethics in an Adversary System, spent most of his presentation criticizing the "vicious" Model Rules of Professional Conduct as developed by the American man, Robert Kutak. Freedman said the Kutak Code discourages clients from placing total confidence in their attorneys. "The Kutak Code," said Freedman, "would, in essence, require the at- torney to give a Miranda-type Bar Association's Commission warning to his or her client on Evaluation of Professional prior to counseling " Standards, more commonly "The Kutak Code," conreferred to as the Kutak Commission after its primary drafts- tinued Freedman, "stands the NY Practice Course Is Plotted To the Editor: among themselves areas for problem developI met Saturday morning, Oc- ment and plan to meet several tober 25, with a group of five times over the next few weeks lawyers who responded to my to review progress. Since the invitation to discuss the meeting, Mr. Blumberg has indevelopment of a New York dicated his inability to parPractice course built around ticipate, but the others are problems and student exer- working toward a deadline of cises. The group included: November 15, for developing Herbert Blumberg. Robert Con- the basic structure of the klin, Daniel Roach, David course, determining the times Sands and Edwin Wolf. They when it will be taught and set- assigned ting the credit to be granted. I am seeking a replacement for Mr. Blumberg, and some possi- ble alternates for others. The course will be offered to sections of 40-45 students. It is also likely that students will be able to obtain three credits if they complete writing assignments or make formal class presentations or do both. Thomas E. Headrick NY Practice Proposal Approved To the Editor: The battle over the proposed New York Practice Course appears to be resolved. In its regular meeting on November 6, the Student Bar Association voted to accept a resolution which approved Dean Thomas Headrick's actions committing himself to a three-credit New York Practice Course. New York Practice, a course originally devoted to the study of the Civil Procedure of the State of New York was terminated in 1979 when the professor instructing the course. Professor Kochery, passed away. The course as originally similar course came under heavy criticism from both faculty and administration. A recent compromise has been worked out in which four or five active legal practitioners will teach a New York Practice course for three credits. This course will differ from the original one in several ways. Because of the large number of teachers, each class will be smaller, allowing greater student-faculty contact. There will also be some sort of writing requirement, making the course geared more toward the practice of civil litigation in the State of New York. As Dean Headrick stated, "The course would be to pre-trial and post-trial what trial advocacy is to the trial offered was four credits, and concentrated on "black-letter" law. After it was discontinued, the prospect of offering a procedure." The course has not met with total approbation from faculty members. Among the objections expressed were the fact that the course is being taught by practitioners rather than staff, giving the administration less control over the content of the course. Faculty members also expressed reservations that the course would turn out to be too much like a barreview course. In spite of these reservations there appears to be a general consensus among the faculty, Dean Headrick and the Student Bar Association, that the three-credit New York Practice course is both useful and valuable. Constitution- on its head! The Code allows a prosecutor to smear a defendant's reputation by publicly dislosing allegations." Freedman hypothesized the Kutak Commission was a direct offshoot of Watergate and lawyers thereby sensitized to legal ethics. "The Code," argued Freedman, "is an assault on the adversarial system, a system having its roots in the Bill of Rights. The Kutak Commission, in concluding that the adversarial system has outlived its usefulness, is radical and radically wrong!" The Kutak Code, despite its birth in an ABA Commission cradle, has received little support by the ABA, and, according to Freedman, received "heavy opposition." Further, Freedman stated that except for Kutak's "quick handshake and beaming smiling," he could think of no reason which qualified him to head this particular commission. Pausing quietly, Freedman in respectable forebearance proclaimed, "I'll stop there!" Asked why Kutak has not debated Freedman and his code, Freedman said, "The Kutak Code is now on its sixth draft and, after three years, Kutak is still not ready to discuss the merits of his code." "A lawyer's duty," asserted Freedman, "is to serve as an equalizer to his client, who sometimes confronts an entire state or the whole United States government. We must enhance each client's personal autonomy and let them make their decisions as to what's right for them; the ultimate decision is the client's." Freedman, although he believes in pro bono work, condemned the bar because he did not think "it's any business of the bar or anyone else to tell attorneys how they must spend their free, charitable time." "Lawyers," maintained Freedman, "who have no inclination or qualifications torepresent indigents would most likely do more harm than good when forced to represent such clients." Freedman characterized the dilemma as a social problem and felt the burden should not fall squarely on the legal profession. He suggested massive legal service programs as one way of dealing with the problem. "No one should be telling me I should have to work on some legal committee rather than giving my charitable time to an organization of my choice!" NY Practice Update Dean Thomas Headrick an"I am impressed by the ennounced that local attorney thusiasm, interest and imaginaRobert Kiebala is to fill the tion of these five attorneys," N.Y. Practice slot originally said Dean Headrick. Headrick designated for Herbert expressed concern over keep Blumberg. The five practicing ing each section at a attorneys who will each be manageable size but reassured teaching a section have agreed Opinion that "no one will be that the course will be three shut out of the course." The credits and will include written course will very likely be taught exercises. in the Moot Court Room. Mark Rasch, Chairman SBA Ad-Hoc Committee on New York Practice November 20,1980 Opinion 3 �BALSA News Justice in Community Theme of Black Law Day exploring historical antecedents of the problem Justice in our community and impact on blacks of the was the theme of the 1980 'due process' requirements in Black American Law'Day Pro- criminal law adjudication. By gram held at Harriman Hall, first unraveling many of the Main Street Campus, October concerns the founding fathers 25, 1980. The annual Law Day expressed in the constitutional forum combines community text and history, Professor participation in a program to Washington demonstrated that encourage those'considering the impact of the North-South concessions amounted to enentering a legal career to pursue this goal through informal trenching the Southern workshops and guest, speakers. slavocracy and giving birth in This year's distinguished guest Northern and New England speakers included Harold states invidious Fugitive Slave (Hap) Washington, Esq., laws. Professor Washington author, community activist, gave as an example of the and law professor at Howard broad sweep of power to stop University in Washington, DC, and detain individuals fitting and Alexander Smith, New as nebulous a description as: York State coordinator of the black male between 55" and NAACP Prison Program. The 66" wearing a beard. He also by William Parker Law Day program was sponsored by the Black American Law Students Association SUNYAB. Professor Washington addressed the program theme by mentioned inherent institutional biases, broad police powers,' and a ratio of one black attorney for every 4,000 blacks as compared to -one white attorney for every 680 tional Facilities' throughout whites. Professor Washington's the U.S., he fastened on the presentation went a long way N.Y. State system and the in demonstrating the impact of NAACP's efforts in New York. Mr. Smith's lecture from excriminal laws and procedures perience was a clear-cut examin the Black communities and the need for minority represen- ple of what needs to and should be achieved by minoritation in the American Bar. In light of 'due process' be-* ty members regardless of past ing that process which you are history or societal imdue Professor Washington en- pediments. Mr. Smith has risen couraged Black people to pur- from the status of inmate to sue legal careers in order to the position of state coordinator of the NAACP prison provide competent and concerned counsel. Specifically, program. His future plans inhe encouraged taking a clude completion of degree rerealistic approach to fun- quirements in Criminal Justice damental defacto legal pro- from Long Island University, blems Blacks must resolve to and eventually attending Law School, possibly SUNYAB. To attain justice in America. Alexander Smith seemed to have had a speaker with his capture the audience, in that personal fortitude was a plus he represented a member of for the Law Day. not only the minority world, Of all the problems minority but also the inmate world at members face in getting an one of New York State's education, one of the major penitentiaries. Stating that problems which is most often there exists gross overrepresen- created by educational institutation of Blacks in 'Correc- tions is a presumption that minority members cannot achieve in an academic realm. For those who internalize this myth, Mr. Smith helped shatter the notion and encourage some to perceive that not only does the opportunity exist for minority members to achieve in the educational system, but that we definitely can, in spite of inherent biases and procedures. Mr. Smith serves as a living example of that struggle. In essence, the message conveyed by the 1980 Law Day Program was an encouraging success. Counsel For US Senate Visits UB by Steve Gabor When Billy Carter went before the American people to answer for his involvement with the Libyan government, a former UB Law School professor headed the special subcommittee which subpeonaed preceded by a regular meeting him. Mr. Michael Davidson, of the Women Law Students Counsel for the Senate, reAssociation. turned to UB Law School on The Association has been , November 3 as a Mitchell Lecformed this year to serve the turer and spoke on "Repreprofessional, social and per- senting the Senate." sonal needs of interest of Those choosing to attend women law students at UB this lecture instead of the more Committees have been publicized Javits' appearance, formed to explore child care which was scheduled at the possibilities, arrange for guest same time, were given the opspeakers and movies, create portunity to gain a glimpse inties with the community, and to this powerful, yet littleassist interested women known office. "Congressional students in attending the Con- investigatory power is overference on Women in Law to whelming, with its subpeona be held this April in»Boston. power having no limits," claimed a soft-spoken Davidson. "As Counsel for the Senate, I can be directed to do almost anything on its behalf." After outlining the authority and duties of his office, Davidson discussed the Billy Carter investigation, particularly mentioning two difficult moments the committee faced during that investigation. Davidson stated, "The public nature of this investigatory committee caused it to go into a tailspin when an official from the Justice Department surprised Carter with the revelation that two of his cohorts implicated in the Libyan con- Women Lawyers Plan Upcoming Events Erie County organization for an opportunity to women lawyers. While largely Women Lawyers of Western learn about the practical a professional organization, it New York hosted a wine and aspects of a legal career. This also offers social activities. Dinner meetings are held cheese party here last night, is a good way of finding out the purpose of which was to in- what practicing law in the real monthly, and include a panel discussion. October's meeting troduce themselves to the world means." women law students at UB The In addition, Ms. Cirbus said addressed the problem of party was sponsored by the that Women Lawyers of "Grievances Against Lawyers" Women Law Students Associa- Western New York would like how to handle them and to "help set up meetings here how to avoid them. tion. "Many graduates end up at the Law School." Women Lawyers of Western practicing law here in Erie "We would be glad to hold New York is also sponsoring a County," said Secretary regular meetings here, as well Luncheon for the Judiciary on Kathleen Cirbus, "and this [the as present discussions on areas December 4. This luncheon party] would be a good way to of interest to law students and will offer members the opportunity of meeting informally meet women who are actually arrange for guest speakers." The group has over 100 acpracticing law in the area." with members of the judiciary. "Law school tends to be very tive members and is the largest Last night's party was by Barbra Kavanaugh theoretical and there is not much of — nection were notorious drug The law library's audio-visual department held its annual Halloween-Graffiti party. From left to right, AY's Sue Cushner plants a kiss on some stiff she brought to the party, students exchange opinions as to theirfavorites among Nina Cascio's delicious baked goods, and Nina and Marc Ganz calmly discuss an overdue library book! gestions can be sent to me via Ms. Russell (Room 419). The Mitchell Lecture ComA few ideas have been mittee would like to review our floated thus far. Most involve yearly request for suggestions lecturers, although there has for possible Mitchell Lecturers been a suggestion for a debate or, perhaps, ideas for a special and another for a combined program. In addition to visitors lecture-film event. Suggested throughout the year, we lectures are as follows: customarily present The Mit1. David Reisman, author of chell Lecturer each year. This The Lonely Crowd and Inevent is a relatively big deal dividualism Reconsidered, and, with luck and planning, formerly professor of law, Bufcan be of immense value. Sug- falo Law School. 4 Opinion November 20,1980 2. Richard Barnet, author of Global Reach, to speak on multi-national corporations. Along with a film, perhaps, such as "Controlling Interest." 3. Richard Falk, professor of international relations - at author of many books and articles and, in the dim past, professor of law, Ohio State University. 4. Professor Clyde Summers, labor law professor at Perm., formerly taught at Buffalo. A Princeton, mation to Carter's attention in an executive or closed session." A second difficult moment faced by the committee investigating Carter came about because this was the first time in the history of the office an possible program might inissue coming before it proved volve changing modes of politically divisive. Davidson research and analysis in labor stated Democratic commithistory and law, including peo- teemen felt more comfortable ple such as Karl Klare and with him while Republican Staughton I ynd. Such a promembers were more comforgram could create a real table with his deputy. dialogue, and one which could Described by Professor Jim be published. Atleson as a "person who likes to try different things," David5. Carry Wills, journalist and son finds himself in the unique author, Nixon Agonistes, and a position of directing an office book on the origin of the which has its course still largeDeclaration of Independence. ly uncharted. Ideas Are Floating For Mitchell Lecturers by James B. Atleson dealers." Davidson suggested that, "a better approach would have been to bring this infor- �"Spoiler" Javits Speaks to UB Bavleann on Eve of Election Defeat by Bob Siegel It was Monday, November 3 1980 at 3:00 p.m. v 'The only poll that matters is the one on election day," answered Senator Jacob Javits in response to a question addressing his standing in the polls the day before the Senatorial election was to occur. The quote was from Harry S. Truman, the President who snatched victory from the jaws of defeat. That, however, is where the similarity ends. Senator Javits addressed a standing-room only audience in the Moot Court Room that afternoon comprised of students, faculty, and members of the Buffalo press corps. Having been a United States Senator from New York for 24 years, the longest span of time anyone has held that position, and as the minority leader of the powerful Foreign Relations Committee, Javits felt his record would speak for itself. His credentials were open to the persual of all. Senator Javits was n6t hostile or embittered at losing the Republican party nOd and at trailing in the polls. "I feel people are entitled to pass on me," said Javits, and "to have an opportunity to elect me if they will." However, Javits, added, "if they don't, I won't be mad at any of them." As a politician ready and willing/to succumb to the mandate of the people, Javits summed up the situation with elegant simplicity: "If they say it's time to quit, I'll quit; if they say it's time to stay, I'll stay." They said it was time to quit. Senator Jacob Javits ran a distant third in his Senatorial bid the next day, receiving only 11% of the votes cast. At one point while fielding questions from the press, Javits was asked if he saw this Senatorial election as similar to the race of 1970 in which Charles Coodell, a liberal Republican, and Dick Ottinger, a liberal Democrat, split the progressive vote thereby allowing Conservative James Buckley to capture the Senate seat. Would Javits' candidacy allow Nassau County political hack Alphonse D'Amato to Political Commentary Cuy by slither to victory? Javits replied that, while he saw the similarity, this was precisely why he wasn't "requesting" anyone to vote for him. "I hope no citizen of this State will vote for me out of gratitude," said Javits. The Senator, however, left no doubt in the minds of the audience as to whom he considered the second most qualified candidate. While Javits alluded to some differences between himself and Representative Elizabeth Holtzman, the Democratic candidate, on military expen- photo A grim Senator Jacob Javits reflected on his chances of victory on election eve at ÜB. stituted their support. So one have felt some sort of commitmust ask why Javits continued ment to the Liberal party. After in his quest after he lost the accepting their endorsement, Republican party backing? javits didn't want to let them ditures, he flatly stated that There are two possible down. "Mr. D'Amato waged a really answers, neither of which are But Javits forgot about the scurrilous primary campaign." acceptable. liberals who supported him for The audience applauded in Possibly Javits selfishly felt the last 24 years. He let these agreement. a need to "go out fighting." people down. And in the eyes But didn't Senator Javits Having been a Senator for 24 of many of them, Javits tarrealize that he may "spoil" the years, and after much hesita- nished a reputation previously election? Didn't he hear the tion and cerebration before held in high esteem. conservative rumblings of the deciding to run, Javits couldn't Maybe Senator Jacob Javits, electorate? Representative face being a realist. He refused in all honesty, felt that the Holtzman lost the election by to abandon a sinking ship. election would not be so close. a mere 1% of the votes cast. Feeling he would be invaluable It is possible he truly thought Senator Javits and Represenat the inception of an adhe would play a neutral role. tative Holtzman were ministration ignorant in foreign He did, however, err in his ideologically very similar. The policy, he refused to let go. calculations. same segments of society conIn the alternative, Javits may Election Results indicate Hard Work Lies Ahead which will only benefit the New York State Assembly. In New York City, "Dollar" Bill I shed no tears. Green bested Nader lieutenant On Tuesday night, people Mark Green. In the battle of huddled together to watch the the Green, "Dollar" Bill used T.V. networks tell us who won his incumbency to it's fullest the election (actually the net- extent and outdistanced the works didn't tell us the true flamboyant Naderite. story; of who gave money to Others lost close races. the Moral Majority or to the Kathleen O'Reilly, former National Conservative President of the Consumer Political Action Committee or Federation of America, lost in any of the other groups that a Michigan congressional race. contributed to the mutilation Congressman Andrew McGuire (D-N.J.) was defeated in New of the United States Senate). A tear soon appeared. I'll Jersey. Bob Eckhardt lost in journey to Washington to talk Texas. Big Business PAC's with aides to Chairman Thur- planted the seeds of corporamond of the Judicjlary Commit- tionism throughout the nation, tee or Chairman Gam of the inhibiting the free exercise of Banking Committee. Goodbye speech. As more and more goodbye con- campaign money flows into civil rights the trogloytes- these atavistic candidates, the sumer rights have arrived. more and more average people, George McGovern lost. I will start to clamor for public never liked him much, because campaign financing. Actually there is some good he stood for the ultra-liberal causes that people have come in the ousting of the> proto despise. I liked McGovern gressive Democrats. Now we for having the courage to run will have a chance to see the for President. I still hate Nixon. American, public boo and hiss I hate D'Amato too. Now I the conservatives for a change. hate Javits. Muhammed Ali The Republicans' plans are and Jack Javits both knew that repugnant to the basic tenets they stood little chance of win- of American society; if inflaning the comeback fight. At tion and unemployment conunabated, the least Ali made some money. tinue All Javits won was the right to Republicans' tenure will be say that he elected the "shame, short indeed. There are other benefits. Alphonse. of the suburbs" Javits stood for jriany good Many progressive persons, things during a lifetime of ser- formerly Burdened with vice to New York. He had a bureaucratic positions, will chance to be known as a have time to organize their legend in his time. Now all he thoughts and campaign both can be is a legend in his own locally and nationally for social change proposals that mind. All of my friends lost. On they didn't have the time to Long Island, Margiotta's thugs pursue before. Former beat up the Democrats. Karen Naderites such as Joan Burstein, an effective Public Claybrook and Carol Tucker Service Commissioner, lost to will return to the public interest world and fight from the by Marc Ganz — — — outside for constructive change. as with Therefore, everything else, there is a good and bad in this election's outcome. Reagan and the Republican United States Senate will have to be more socialism are both alternatives creative than their proposals to Reaganism, which is a comcurrently indicate. If they fail, bination of religious fervor and the American people may corporate benevolence. resort to methods that were The good in the election is formerly thought unAmerican that it is over. The hard work in style. Libertarianism and lies ahead. - Political Analysis Same Faces Return to Albany by Marc Ganz The New York State Legislature will return next session with nearly the same number of Republican and Assembly Democratic members and Senators. Unlike the United State Congress races, where Republican Senatorial and House candidates repeatedly defeated Democratic candidates for office, in the State Senate the 35 Republican seats remained Republican and the 25 Democratic seats remained Democratic. There were a few exciting In the Long Island 15th Assembly District, Angelo "Landslide" Orazio, who won the last election by less than 100 votes, defeated Adrienne Flipse (R-C) by less than 1,000 votes. Orazio is concerned in the Assembly about energy costs and serves as chairman of the Energy Comraces though. mittee. In the 16th Assembly District, also a strong Republican district. Democrat May Newburger defeated Republican Joseph Famighetti by more than 4,000 votes. There were few exceptional races in New York City. In the Bedford-Stuyvesant section of Brooklyn, veteran Assemblyman Albert Vann, running on the liberal line, is losing by less than 40 votes to Butler, a machine Democratic candidate. A State Supreme Court judge had earlier ruled Vann's name off the primary ballot because of designating petition irregularities. Vann is the former head of the Black and Puerto Rican Caucus of the New York State Legislature. In an anti-climactic election in the 57th Assembly District in the Brooklyn Williamsburg section, Roger Green (D) defeated Roy Vanacar by 10,000 votes. Earlier, Green Carl had had three primary elec- against Assemblyman Strelzin. In the first election, Strelzin lost and protested to State Supreme Court. The judge ordered a new election. The new election resulted in Strelzin winning. Green appealed and on November 2, 1980, the two candidates met for a third primary, with Green emerging victorious. There were six incumbants defeated. None of the sixty Senators were defeated and only six of the Assemblymen up for reelection were ousted from office. One of those removed via election was Stephen Greco (D-Buffalo) who lost a hard fought battle with Legislator Carol Siwek (R). tions Harvey Siwek had focused her cam- paign on Greco's concerns for New York City and not for Buf- falo. Other incumbent losers were Assemblyman Vincent Nicolosi (Queens), former chairman of the Insurance Committee, and Rovert Connor (D-Spring Valley), former chair- man of the Assembly Operations Committee. Also Andrew Virgilio (D-Rochester) lost to County legislator Dale Rath (R) after what some conceded will be the costliest battle of the 1980 election. The Republicans lost Assemblymen Nicolas Calogero (R-Utica), Arlington VanDyke (R-Middleburg), and Richard Ross (R-Westchester). The Republicans also lost a Syracuse seat vacated by Assemblyman Leonard Bersani. Friends grow accustomed to seeing each other around Albany. For the next two years, the same old faces will con- tinue to be about the Capitol. They will argue and cajole about abortion, the death penalty and other issues that legislators try and avoid. They will also debate reapportionment boundary lines for congressional and legislative races, with an eye towards the 1982 elections. November 20,1980 Opinion 5 �Record Rack Benatar and Ronstadt Top Early Ten-Best List by Mike Rosenthal As a year draws to a close, critics start to make lists. Having been a record critic for several years now, I can very plainly state that while composing this list is fun, it is also minutes worth) and not one moment is wasted. Genesis proves that art can also be pop. 6. Billy Joel Glass Houses Not his best. However, Joel does continue to experiment and vary his style. Even when he is not at his best, Joel is still — extremely frustrating. How to you rank albums of different better than most. The 7. The Pretenders genres; artists of different stature? How do you work Pretenders within the confines of a pre set Sharp, powerful, gutsy and number? distinctive. Chrissy Hynde Despite these difficulties, writes like nobody else and here I go again. Some attempt spits out the lyrics with such has been made to avoid some fire that she embodies the of the inherent difficulties physical image of sultry punk through the arbitrary forma- that her attire creates. Diana tion of several separate 8. Diana Ross categories. Albums which Her most consistently exqualify for these categories cellent album ever, Diana is (e.g.. Soundtracks, Greatest state of the art disco and sucHits albums. Live albums) have ceeds where most other disco not been considered for the fails miserably. over-all ranking. 9. Daryl Hall and John Oates Voices Coming out of a slew of dreadBest Alburns of 1980 1. Pat Benatar Crimes of ful albums. Hall and Oates Passion have suddenly pulled it all After thundering onto the together, added some reggae scene in 1979 with Heart- and New Wave flavorings, and breaker and immediately leav- recorded their best album ing all the others of the new ever. breed of female rockers biting 10. Utopia Adventures in her dust, Benatar has emerged Utopia as one of the best singers, Utopia here sounds like Todd rockers, and songwriters of the Rundgren solo. Pop artists. Sixeighties. There is a consistent, ties bubblegum almost. But textured, powerful feel to this they do it so well and it is totalalbum which no other album ly infectious. of the year has quite equalled. Mad Honorable Mentions 2. Linda Ronstadt Love Jackson Browne Hold Out Ronstadt risked a lot on this Pink Floyd The Wall album. No country songs. Joan Armatrading Me Myself I Nothing really mellow. A lot Dan Fogelberg Phoenix more fire and a lot less Carly Simon Come Upstairs sultriness. It could have lost George Benson Give Me The her many fans. It didn't. While Night there is no question that this is Barbra Streisand Guilty not New Wave, she has let the genre influence her and the in- Worst Albums of 1980 fluence does make a dif- (By Major Artists) ference. As always, Ronstadt 1. Paul McCartney McCartney and her producer Peter Asher // really know how to pick songs right for her. 3. Roxy Music Flesh + — — — — — — Blood — Always an innovator, Roxy Music here shows better than it ever has before why it was one of the most influential bands of the seventies. Their influence can be felt in Bowie's, Blondie's and the Talking Heads' work. Still, Roxy Music does whatever they do better than any of their immitators and the rock/disco. New Wave, stately ballads and dreamy ballads here are all top notch. album, the remake. Two sixties classics are covered here, and as could be expected, Roxy Music make them their own. The 4. Bruce Springsteen — River The consummate lyricist ofthe seventies finally achieves the same knack for melody as he had for lyrics. This album is the strongest he has ever released. The wait was well worthwhile. 5. Genesis —J)uke The sound here, while pure Genesis, is more accessible than ever. The lyrics are more down to earth. The album is chock full of music (over fifty Opinion 6 . Morn Graham Parker The Up 5. Dave Mason Old Crest On A Escalator New Wave David Gates Falling In Love 6. Utopia Deface The Music Again 7. John Stewart Dream Babies Cheap Trick All Shook Up Go Hollywood Heart Bebe La Strange 8. Eric Carmen Tonight You're The Knack But The Little Girls Mine Understand 9. Judy Collins Running For My Life Miscellania 10. Chic Real People Best Live Album Kenny Log- Dishonorable Mention Andy Gibb After Dark November 20,1980 gins Alive — Worst Live Album One For The Road — The Kinks Summer Walk Away Fame Best Soundtrack Worst Soundtrack Can't Stop The Music Best Single Ambrosia Biggest Part Ot Me Worst Single The Sugarhill Gang Rapper's Delight Most Promising New Artist Christopher Cross Least Promising New Artist Kurtis Blow Comeback Of The Year John Lennon — — — — — — — Book Review White Album Depicts 1960's by Peter Bergenstock Joan Didion says in The White Album that "we tell ourselves stories in order to live." We need to impose some kind of structure on the world to explain it — without stories we are lost and confused. The White Album is about the structureless America of the late 19605; it is also about Di dibn's own experience with the fear and neuroses that result when all moorings slip Didion was a journalist during the 19605, an eyewitness to various reform movements. She sees the revolutionary spirit of the time as more aimless and selfish than idealistic. Black leaders like Huey Newton and Eldridge Cleaver were expert media manipulators, often less than honest with their followers. Covering campus disorders at San Francisco State, Didion The New Right that arose during the late 1960s was not based on any sense of tradition or individualism; instead it was simply a reaction to the disorder of the times. Led by bland figures like Ronald Reagan, the New Right lacked both style and substance. Didion gives insight into the character of those who were part of the New Right in her description of the California governor's mansion built by Ronald and Nancy: "It is an enlarged version of a very common kind of California tract house, a monument not to colossal ego but to a weird absence of ego, a case study in the architecture of limited possibilities. .. as devoid 0f... personal eccentricity as the lobby in a Ramada Inn." The instability and lack of real commitment or leadership that defined the 1960s affected the individual as well as socie- found middle-class students ty in general. Didion points to eager to be radicals, but their those whose response was ninety Californians, enthusiasm was more in the foolish spirit of fun than of conviction. fearing an earthquake, were Loophole© Roxy Music also adds another facet to their repertoire on this — Anne Anne Murray Somebody's Best Greatest Hits 2. Bob Dylan Saved Murray Greatest Hits 3. Elvis Costello Get Happy Waiting Worst Greatest Hits — Donna 4. Neil Diamond September Commodores Heroes by hal malchow — ready to follow a Pentacostal preacher to the backwoods of Tennessee. She also points to the growth of a sinister netherworld. The voice at the door who answered "Chicken Delight" might be Charles Manson. During the late 19605, Didion herself grew to fear that stranger at the door. Her fear became an obsession with the morbid and the dangerous. She writes of her preoccupation with visions of "children burning in the locked car in the supermarket parking lot," of freeway snipers ancf "sullen lurkers in doorways." She came to doubt all of the stories she had grown up with. . r Didion does not say whether her mental imbalance was a response to societal disorder, or just due to her own "bad nerves", nor does she make excuses for herself. She just presents with unflinching honesty her own story, and the story of America during those troubled years. �Pep Talk They're No Quacks! Ducks Win Softball Title 7-3 by Joe Peperone fi then hit a line drive down the Peprone left field line for a home run. Led by strong infield play Team 5 pitcher Al Bozer got and t,he seven hit pitching of the next three batters out, but Nancy "KO" Caple, the Ducks the damage was done. won a convincing 7-3 victory The first year players did get over Team 5 in Saturday's Layir within one run in the top of the School Softball Championship fourth, however. Eric Bery Game. tripled to right field to lead off Offensively, the Ducks were the inning, and scored as Al led by Tony Scime, Dale Clark, Spears grounded out in a close and Tim "Ali" Costello as they play at first. With two out, took the lead in the first inning Batista singled up the middle. and never trailed. The trio ac- The next batter. Ken Hiller, counted for six of the Duck's single to right. Costello, inright nine hits in the contest. Bill field, appeared to bobble the Bozzuffi added a massive ball and Hiller tried for sehome run to left field in the se- cond. But Costello's perfect cond inning with one man on. throw to Dale Clark covering The two runs proved to be all second got Hiller, ending the Joe by • phot s all "Get off +rv<<t- b**e., VtA C/wuw-iV Sports Quiz Answers 1. c. Billy Williams FCrOCioUS Crviprvumk to Holds to«"ih|y buttfUyer1 tSJIA fort. 2. 3. 4. 5. 6. Bobb\ Burnett a. Hank Aaron — ' 1966 Jack Kemp 755 — Hank Aaron CLJ. Simpson was part of a relay team which set a U.S. performance to Beverly Sills world record in the 440 yard last week. 1967. The record still * The -rhrid o$ victory ... (p* e-f the the freshmen players. In the bottom of the first inning, the Ducks had a"two-out rally. Scime hit a long triple to right field, and scored on Clark's double to left.Gostello then hit a triple to score Clark and give the Ducks a 2-0 lead after the first inning. Team S tied the game in the second. With one out, Keith Bond singled to right field. Mcl Batista then hit a sharp grounder that was bobbled at third. Bond came all the way around to score on the late throw, and Batista went to third, later scoring on Ken Hiller's single up the middle. Caple got the next two batters to fly out to end the inning. The Ducks took the lead for good in the bottom of the second. Doug Johnston, the oi/Ackfcrs) Ducks needed to sink Caple mowed down Team 5 in the seventh to end the game, amidst screams and duck calls. The team celebrated with a few bottles of Cold Duck and then proceeded to wreck a few chairs at the victory party. The only post-game casualty was said to be one C. Trapp, from Alden, N.Y., who slashed his wrists for unknown reasons. So the 1980Law School Soft — first when the third strike got past the catcher. went to - Griffin and 3 7 Students Are Named to PAD Courtroom on Wednesday, October 22, 1980. In addition to Mayor Griffin, the Fraternity 4.J«iy *f ihe -Pettf inning. Ali claimed the bobble was intentional, to entice the runner to try for the extra base, but intentional or not, it worked, and Team 5 had lost their best chance to take the lead. Duck's captain and spiritual Costello also provided the advisor, singled to center to heroics in the bottom half of lead off the inning. Bill Bozzuf- the fourth, by hitting his second triple of the game and scoring on Johnston's fly out to center field, increasing the Ducks lead to 5-3. Team 5 had their last gasp sixth. With two out and the in men at first and second, Keith Bond hit a come-backer to Caple. Her throw took an agonizingly long time to get to first base, but it got there in time to get the batter and end the inning. The Ducks scored their last two runs in the sixth. Scime doubled to center field and scored on Clark's single, Clark going to third on a bad throw. Norm Parratt, who had gone in for Costello in the fifth, then scored Clark with a single. Norm's RBI hit was especially ü bjktk do t*- M€<m satisfying to his cheering section, which had arrived at the game fresh from their back-up 8. d) Reggie Leach (80) 9. c. Hank Aaron 10. 4— by many pitchers one of the strikeout victims 11. Bill Terry, N.Y. Giants .401 in 1930 relay in 12. Pete Gray, St. Louis Carstood in i976, when it was an- dinals during WWII. nounced that world records 13. Carl Yastrzemski, Boston would no 'onger be recognized Red Soxs 1967. unless they were for/metric 14. Stan Mikita distances (except the mile). 15. All have competed for 7. Chicago Cub Fans have the U.S. in the Summer Olymwaited since 1908. pics. Buffalo Mayor James D. Griffin was made an honorary member of Phi Alpha Delta Law Fraternity, International, at a ceremony held at the Buffalo City Court Ceremonial ... KorHe/f" initiated thirty-seven student members into the Carlos C. Alden Chapter here at SUNY Buffalo, the largest group of inductees in the Chapter's history. Dean Thomas E. Headrick, Alden Chapter Faculty Advisor. Honorary membership in Phi Alpha Delta requires that the individual work in a lawrelated profession and have a state-wide reputation. Mayor Griffin, as mayor of the second largest city in New York and a former State Senator, was a unanimous selection for honorary membership by the International Executive Board. Other Alden Chapter honorary Justice Ron X. Winter 111 members include Matthew J. presided over the ceremony Jaseh, Senior Judge of the New and was assisted by Alden York State Court of Appeals, Chapter officers Tanya William J. Regan, Erie County Harvey, Mary Walterich, Jean Surrogate, and Dean Headrick. Maess and Stu Ball. Noted The Alden Chapter will be secret to success, why did they guests included UB Law holding another initiation next make it, while others failed? graduates Frank Sedita, Buf- Spring. All interested students Perhaps Bill Bozzuffi summed falo City Court Judge, and are welcome to stop by the Joseph A. Tringali, PAD PAD office (Room 506, it up best: "Clean li» ing." District XIV Justice, along with O'Brian) for more information. ball League is history, with the Mighty Ducks, the "Orange Crush" waddling through the season undefeated to the championship. What was their Moot Court Competition in Boston by Michael Colnes Last week, three members of the Buffalo Moot Court Board traveled to Boston to participate in the Thirty-First Annual National Moot Court Competition. .Third year students Paul Ricotta, Pat Jayne, and Michael Colnes competed against teams from twelve other law schools from Vermont, Maine, Massachusetts, Connecticut, and New York. commodities regulation. Participating teams submitted appellate briefs representing either the petitioner or the respondent in a fictional case. The issues involved are currently before the United States Supreme Court in Curran v. Merrill, Lynch, Pierce, Fenner and Smith, Inc., 622 F. 2d 216 (6th Cir. 1980), Cert. Granted October 7, 1980. Each team then argued orally in two preliminary rounds, once on behalf of the petitioner and once on behalf of the responpresented questions in the dent. The most successful areas of securities law and ■ teams based on an evaluation This year's competition of the briefs and the oral arguments advanced to a quarter-final, semi-final, and final round. The two schools represented in the final round will meet the winners from the other regional competitions in the National Finals in New York later this fall. Although the ÜB. team was eliminated early in the competition, they scored very well against the other participating schools. The Moot Court Board members argued against students from Suffolk Law School and Boston College Law School. November 20, 1980 Opinion 7 �Political Satire Reagan Gives Thanks to US in Unusual Manner by J. Lawrence Herzog Ronald Reagan, clad in Western Garb, mounted his horse. Inflation, and galloped onward to the polls. "Hi-yo Inflation Away," said Reagan as Nancy coyly wrapTied her right arm around Ronald's waist to protect her life and securely wrapped her left hand within his wallet to protect her Bloomingdale's card. Waving to a jubilant crowd of supporters, Ron and Nancy dismounted. As they entered the polling center Ronald was asked to kindly check his coat and the voodoo doll that he had been toting about for the last week. Nancy was requested to check her 200 lb. box of cue cards which she had been toting about for the last 26 years. So as the polls opened this November 4th, Ronald Reagan, confident and smiling, waved to all of America. It was slightly past noon the following day when I received an unexpected phone call. "Hello Lar, Ron Reagan here. I want to give thanks to the American people for casting me in this part as President of the United States. I want to indicate my sincerest hope that under my administration as opposed to the former, that although within inaction there is "action", my administration will show that action means action. In other words, Lar, actions speak louder than words. "That is why I want you to hear these words and take ap- propriate measures to insure the American public that it is they I want to thank as voting for Bonzo, a chimpanzee, in one of Reagan's films entitled "Bedtime for Bonzo." Reagan always impressed me by his ability to handle directors, producers and chimpanzees alike. He literally and figuratively had Bonzo eating out of his hands. Bonzo, Ronald and myself developed a relationship which was to endure forever. Incidentally, a point to note is that Reagan slept with Bonzo years before he slept with Nancy. A point of fact which needs no further elucidation. Well, anyway, here I was delegated by the Presidentelect to thank the American people on his behalf. What was I to do? I could have had thank-you cards printed up but I knew that Ron intended to cut government spending. I thought I could use the leftover cards from my four brother's Bar-Mitzvahs but soon calculated that Reagan had won by a landslide and there were only 400 cards left over. Besides, the cards were yellowing with antiquity and had Stars of David printed on them. Secondly, I thought I would invite all of America over to my housefor dinner. A thought which left as quickly as it entered for the obvious reason that such free meals might be equated with food stamps and other welfare programs which Ron may not be so keen on. Indeed, the task appeared insurmountable, when an idea resonated throughout my cerebrum akin to the piercing, distinct tinkle which sounds in the ears of a broker at 4:00 p.m. on the street.Thanksgiving was rapidly approaching and if I could only tie in Ronald .Reagan with the Pilgrims it might mean a cents less per gallon of sublime aura. gasoline. The Reagan Administration Thanksgiving has always will place its emphasis j>n been my family at home and private sector development of everyone engaged in lively oil, coal and nuclear energy. conversation. My father, a Last, but not least. commodities broker, always Thanksgiving has always taking charge. security. Peace and harUnder the Republican Ad- meant its zenith. ministration Reagan has vow- mony at privation. The American people have ed to bring down inflation and The aerospace and weapons had four years of struggle and interest rates. He has alluded industries should benefit from to increasing the possibility of Reagan's emphasis on a U.S. privation under the Carter administration. Perhaps Ronald giving the dollar a gold back- arms buildup. What this means Reagan will harvest all of our ing. is very uncertain. All this adds up to a distinct hopes by cutting down taxes. Does it mean Thanksgiving He promises individual tax possibility that cranberry 1981 in Moscow? Does it meant be cents relief and accelerated sauce might a few social (atheists and agnostics may participate) appointed by proclamation and held on the last Thursday of November. The first celebration was held by the Plymouth Colony in 1621 in thankfulness for their first harvest in America after a year of struggle and cheaper on Thanksgiving Day depreciation for business. Thanksgiving has always 1981. Thanksgiving at my home created a mental icon of a hot turkey with all the fixin's on has always found my family sipping hot apple cider by the the table. Mr. Reagan is expected to fireplace. The warmth embrace a general policy of permeating from the hearth as free world trade. Perhaps we well as from my family (not to could trade a few million tons mention the contents of the of turkey to OPEC for a few hot apple cider) created a - Reagan Victory a Cause to Hide? food. Besides, it won't be forever. Just until 1988 or so." "How is that?" I asked. I paid a visit to my friend' Irving the other day to see how "Simple," he said, his voice he was taking the outcome of- picking up vigor. "These rightthe election. When he failed to wing conservatives will be so answer my repeated doorbellbad in office that there will be ringing , I became worried. It a great liberal revolution in by Alan Beckoff evening and Irving always stayed home to watch "Sherlock Holmes Theater." I asked Sidney was Saturday Fields, his landlord, to let me into the apartment. "I'm glad you came by," members of the Academy of United States Citizens. Thank them for casting me in this role. Thanks buddy, and HAPPY TRAILS.. "Click!! I was completely overwhelmed by the call. I knew Ronald from his days in for divine goodness. It is an an- quiet voice, "Irving?" Hollywood. I was hired to care nual festival, religious and "Who's there?" he snarled. "It's me," I replied. "Why Public Service? did you lock yourself in the by R.W. Peters (alias Escarole Lad) the night before your second exam and spend five hours window shopping. Yessiree, First Year students, 5) Refuse to buy Emanuel on finals time is fast approaching. Civil Procedure, because it's I'm sure more than a few of "too expensive." you out there are getting 6) Stay out until four a.m. mighty nervous about these quaffing frosty lagers at Well, me upcoming exams. let tell you this there is ab- Checkers the day of the solutely nothing to worry Criminal exam. about, as long as you closely 7) Sit next to someone with adhere to the proven R.W. chronic, audible post-nasal Peters' method of exam drip. preparation, as follows: Admittedly, this technique 1) Leave everything to the may not work for everybody. last minute. There are those drones out 2) Get yourself so worried there who have read all of the sick the night before the first material, and believe that a exam that you have to drink good night's sleep prior to a half a bottle of bourbon to get four hour exam is desirable, if to sleep. not necessary to ensure op3) Go into your first exam timum performance. I certainly can't speak for these inwith a brutal hangover. 4) Go to the Boulevard Mall dividuals. bathroom?" "You saw the election returns last week. I'm not coming out until things are bacfTto normal." He sounded disconv/\ solate. v I kept my voice even. "You can't stay in the bathroom forever, Irving. And how can you live in there?" "I stocked up on plenty of magazines and freeze-dried this country. But it's going to take time. So I'm staying right in here until then." "Look, Irving," I retorted, "it wasn't all that bad. The House still has a Democratic majority. Barry Goldwater almost lost." "So what?!" he bellowed. "I didn't mind Reagan's winning so much, but I had hoped that the Senate would be a strong Opinion November 20,1980 extreme. "Look at it this way, Irving. With these people in power, law school will be a breeze. No more Miranda rule. No more estate and gift tax. No more administrative law/ There was silence on the other side of the door. I continued, "And think of this, Irving. There's going to ,a big shakeup of the Senate committee staffs now. They'll all be hiring new counsel. Of course, since the new Washington ideology is so antithetical to yours, you certainly wouldn't want to work for ." Suddenly the bathroom door opened and Irving emerged. "You convinced me," he said. "I can't stay in there for eight years. Now ifyou'll excuse me, I've got some typing to do." . counter-weight. Now it's just a tool for NCPAC and the Moral Majority." "Why don't you do "You're going to write "prosomething constructive for the test letters?" I asked, happy next few years?" I implored that I had gotten through to him. "Instead of sitting in the him. bathroom you can be out there "And jeopardize my working against those people. chances for getting a job? Are You can write letters and you crazy? I'm sending our organize demonstrations." resumes!" "It wouldn't do any good," I was incredulous. "But I he replied. "They're loaded was only kidding, Irving! You with money. Besides, they'll mean you would' work for/ probably hold a constitutional Jesse Strom Helms? convention and repeal the First Thurmond? Paul Laxalt?" Amendment. I'd rather spend But it was too fate. As Irving eight years in the bathroom typed out a letter of conthan in Attica." gratulations to Al D'Amato, I Employing reverse went into the bathroom and psychology, I decided to carry locked the door behind me. Irving's argument to its logical — 8 , Political Satire Fields said. "Irving locked himself in the bathroom last week and the rent is overdue. If I have to break down the door to get him out, he's gonna get charged for it. Maybe you can talk to him." As I usually do, I decided to use the subtle approach. Incabinet position. Thanksgiving Day is a single stead of pounding on the day set apart for giving thanks bathroom door, I asked in a "RW Method" Offered to Novice Examinees Thanksgiving 1981 in Teheran?C Or does it mean Thanksgiving!* 1981 as usual in Buffalo, New York or Plains, Georgia? Whatever happens remains to be seen. In any case, I'm still going to vie for the drumstick unless I must come to the table with my musket and fife as well. The Hispanic. Asian and Native American Law Student Association (HANALSA) will bold thoir fall orientation get-together party on Saturday' November 22. i960 at the "Rod Room" of the Faculty Club In Harriman Hall. Main Street Campus. • • * * But for the grace of Cod, I could have been a gobbler! Happy Thanksgiving to all you turkeysl Music and Drinks will be provided � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f1364882c8556d449bc3b55f57a98a31.pdf cc2a80c335962d3cc4bdd80707ba5360 PDF Text Text Tuition Hike Contemplated by University Trustees by Marc Ganz sources, the trustees are opting for increasing tuition levels. According to local and One trustee reportedly said to Albany sources, ÜB's tuition N student representative Jim .level will most likely increase Stern, "We can't ask for handr $•300 to $600 per year. UB Law outs every year." The trustee School's tuition rate is the was referring to going to the highest among state supported New York Legislature to ask for law schools in- the United additional funding allocations States. Students have other ideas. SUNY trustees, meeting on Student. Bar Association PresiJanuary 28th in Albany, dent William Altreuter has reportedly were presented formed a committee to inthree options by Chancellor vestigate and organize a camClifton Wharton. Two options paign around the tuition hike involved severe cutbacks. The and SUSTA deletion actions. trustees rejected faculty cut- The campaign will center backs and are faced with around a letter writing cameither asking the Legislature paign followed by personal for more money or increasing visits to legislators' in Albany and fees. According to and Buffalo. Several local including Student Association of the legislators, State University (SASU) Assemblymen lohn Shefferfß.. - Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Williamsville) and William ty system. The law school has Hoyt (D., Buffalo) have inmaintained a high enrollment dicated they are presently op- level and his contributed to posed to a tuition hike within the general growth of the UB SUNY. area. This, combined with imminent opening of a second However, the SUNY Board financed law school, may of Trustees make the final state help the SUNY decision. There are currently trusteesconvince to maintain the curtwo local trustees: George Colrent tuition schedule. Opposlins, a local physician, and Ating this argument are both torney Arnold Gardner. Other Division of the Budget and persons who may lend help in SUNY officials who conclude the tuition fight include members of the UB Council. the professional schools should pay part of the increasSeveral prominent attorneys ed tuition charges and thus all serve on the Council including: increase their fees in an Chairman Robert Millonzi, M. should equitable fashion. This logic Robert Koren and Ms. Rose prevailed in the 1978 tuition Sconiers. year as the law school's tuition UB Law School has several rose sharply. advantages over other This year history will repeat segments of the State Universiitself. For the past four years, , Opinion tuition has increased in alternative years which coincide with non-election years. So, don't be surprised if next year, you get an envelope in the mail with a larger bill than you got this year. Unless "students get out their Albany suits," according to one noted law professor, an increase is in- evitable. When asked for comment concerning the rumored tuition hike. Dean Headrick stated that "a small tuition hike.is inevitable considering the costs to the University and inflation in general." But he added that he thinks a $100-$l5O per year tuition in- crease is the maximum the trustees, should SUNY consider. v , Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "On/y the apathetic have no opinion ..." Volume 21, Number 6 State University of New York at Buffalo School of Law February 5, 1981 Bell Awaits Tenure Decision as Breger Ponders by Edward M. Sinker knowledge," reported Headrick, "Breger is not going According to Dean Thomas to seek tenure for personal Headrick, Professor Marshall reasons which he did not Breger has received a "non- elaborate on." binding, advisory vote" from Breger will be on leave this the Promotions and Tenure semester to the Bar-llin UniverCommittee as to his candidacy sity Law School in Ramat-Gan, for tenure. "To the best Israel. "I'm out of the picture," of my Breger said, I return from leave. I haven't decided whether or not to request the faculty to consider me for I have until December of 1981 to make a decision, and I expect to decide over the summer." "I've gotten a lot of advice," explained Breger, "some for tenure. tenure, and Dean some against. Headrick and others have spoken with me on the matter. Since I have no specific knowledge as to the details of the advisory vote, I cannot comment on it." The first-year Ethics course, which Breger directed, will conclude the semester without Baalen Guy Van faculty member's Professor Marshall Breger, despite Dean Thomas Headrick's remarks to guidance. "The course will the contrary, says he has not ruled out tenure consideration. finish with teaching assistants meeting in small groups," ad- RobeYt Rossberg's office. "The Promotions and Tenure mitted Breger, "so as to ac- law faculty, at the request of Committee and presently commodate my leave to Bell," said Headrick, "has awaits the Vice-President's voted on the tenure issue at a evaluation. "Things are just Israel." on-the-record too murky right now," Professor Richard Bell, secontr meeting." explained Bell, "for me to be for presently being considered Professor Bell reported a able to comment on anything tenure, is awaiting a determination from Vice President unfavorable vote from the regarding my tenure here." any Frank Bolz Professor Richard Bell awaits a tenure decision from President's crffice.' Vice Health Hazard Suspicions Over Room 112 Allayed by Steve Gabor and Ralph Peters ' -Guy Van Baalen Professor Barbara Blumenthal says she is happy with the administration's response to the asbestos issue. Suspicion of the presence of asbestos in the ceiling of Room 112 O'Brian prompted Professor Barbara Blumenthal to request that the meeting place of her corporations class be switched to Room 106. "It was mostly out of concern for the healthy of my students and myself that I asked Mr. Wallin to make the change," Blumenthal emphasized. "I didn't do it to start a crusade but my suspicions were aroused when I noticed the similarity of the roof covering in Room 112 to those known to contain asbestos. Ad- I think the building for Facilities Planning. The letter advises the Dean that the potential harmful effects of material used on the ceiling is asbestos were known." called "MONO-KOTE", by the firm of "I'm happy with the ad- manufactured Zonolite, Inc. Literature proministration's response and by Neal indicates an have no objection to teaching vided of asbestos in the ceilabsence in that room," Professor ing preparation, but does not Blumenthal stated. When reminded of the general specify the ofexact chemical composition the compound. distaste for the room by The Environmental Health and faculty alike students Office is currently Blumenthal responded that the and Safety on a complete alleged "Purple Pit seemed working of the analysis material all right to me but for the coating, and should have the of possibility asbestos." results by the time the Opinion A clarifying letter has been goes to press. Neal states he is" received and distributed by "comfortable that theasbestos Dean Thomas Headrick from determination will be Jqhn A. Neal, Vice President negative." ditionally, was, constructed before the �President's Corner Opinion Vol. 21, No. 6 February 5,1981 Matters Arising Since Finals I government like the SBA, and suppose that there is really nothing that can be done about the encroachments the Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel Marc Ganz Ralph W'Peters Lee Berger Frank Bolz Business Manager: Jim Kraus Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Steve Gabor, Laurie Gross, Joe Peperone, News Editor: Feature Editor: Photo Editors: Mike Rosenthal Contributors: Howie Berger, Frances P. Bernat, Linda Cohen, Joyce E. Funda, Pat Jayne, Marty Miller, Karen Spencer, Andrew Thaler, Alison Webster, James J. Wilder ; © Copyright 1980, Opinion, SBA. Any republicationof materials herein Is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion Is a non-profit organization, third-class postage entered at Buffalo. NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Editorial An Open Letter to the NY Legislature Governor Carey's 1981-82 executive budget does not contain funding for SUSTA, the financial aid program that helps certain students go to the State University's only law school. The New York State Legislature should consider the following: a) Over one-quarter of the UB Law School student body receive maximum tuition assistance through the Tuition Assistance Program (TAP) and therefore are eligible for SUSTA payments. b) The SUSTA program is an integral part of the special law admissions program, which is geared towards economically disadvantaged law school student applicants. Many persons, including Law School Dean Thomas Headrick fear that without SUSTA, the law school will provide legal training for only affluent law school students. c) In 1980-81, New York State, via SUSTA, gave eligible law students a $1200 credit towards the law school tuition of $2200 There are strong indications of a tuition increase for 1981-82. d)~The New York State Division of the Budget (DOB) rationale for eliminating the SUSTA program does not take into consideration the larger financial needs of law students as com- pared to undergraduate students. The reason the DOB offers in defense of SUSTA's demise is that undergraduates attending the City University of New York (CUNY) are not presently eligible for SUSTA payments, since SUSTA is unique to the SUNY system. The hatchet wielding budgeteers cut the SUNY undergraduate and professional students in the name of supposed parity in public higher education. In other words, if CUNY can't get something, parity demands cutting SUNY. It just doesn't make sense. DOB's rationale does not take into account the plight of the law student without adequate financial resources. No where in the written justification is there substantive reasoning for discontinuing the essential SUSTA program at UB Law School. If the DOB officials have problems with the SUSTA program at levels other than the law school, it might be preferable to separate the two distinct financial aid programs (law school and undergraduate). The undergraduate SUSTA program is mainly designed for five-year program students, while the law school SUSTA program is for all qualifying students. The law school SUSTA program has been funded for a number of years, and DOB has failed to show any cause for eliminating the law SUSTA program. Finally, it appears odd that at the same time Governor Carey is deleting essential financial aid from UB law students, he also is approving a first instance appropriation for planning at the infant CUNY law school at Queens College. Is the Governor scheming from the start to take from one state law school to enable the other school to prosper? We hope the New York State Legislature will see the need for continued aid to economically disadvantaged law students. The DOB clearly has another target (undergraduates) in mind, but unless the legislature acts, some law students will get hurt by mistake. Opinion February 5, 1981 2 llOllllClO organization makes on one's personal life. It is unfortunate v that we are soliciting your opinions, and stress that the committtee feels that it represents the law school at large, rather than each committee member representing his or her own specific constituency group Please feel free to approach any of us with remarks. when these difficulties cost us an individual with Marc's abilities. Our new treasurer, Joe Ruh, ** * i is aware of course, of the prohis during blems Marc had Dean Canfield is currently tenure, and is confident that v by with the SBA to try to working On the Bill Altreuter be with. dealt they can basis of his confidence, and institute a system of Academic Frankly, I think This week's column is going to my own assessment of Joe's Advisement. idea is an that merits reputation), his this (and lot talents hapscattershot: a has I be pened since the finals crunch am likewise confident that serious consideration for at least two reasons. First, there's started last semester, and I Marc has been ably replaced. little enough advisement going wouldn't feel right about leton here at the moment, and ting it all go by without com* * * this results too often jn people ment. University practice dictates merely drifting from course to Last semester's resignation that the deans of the colleges course and ultimately out into by our treasurer, Marc Ganz, be evaluated periodically. The the cold world. Secondly, one was unfortunate on two levels. review process is conducted, in ofthe things I discovered when We will miss his expertise and part, by committees consisting I ran for this job was that peohis willingness to work a pro- of faculty, students, and staff. ple were generally unhappy blem all the way through. We This year is our Dean's turn, with the quality of faculty/stuare disturbed more because and the committee, consisting dent relations. A program of the reasons for his resignation of Professors Joyce, Lindgren faculty advisement would go a Audrey long way towards improving Halpern, are manifestations of the proand blems which underlie the Koscielniak, and Dana Cowan, the rapport the faculty has organization and administraCaitlin McCormick and myself with the students. If anyone tion of the SBA. Personality is now in the process of gatherhas any thoughts on this matdifferences and frustration ing evaluative material. I'll be ter, contact Bob Shaw, Julie over others' seeming lack of devoting another column to Rosenblum, or me, and we will this process in the future. For see that your ideas are concommitment are inevitable occur.ences in a quasi- now, I'd like to make it known sidered. Concerned Students Assail November's Placement Listing To the Editor: individual human beings at all stages of biological developWe are writing this letter in ment." Their ideal bears heavoutrage at a particular listing ily against women. Seven out of ten women, in Placement's Newsletter of Nov. 14, 1980. Placement in- who require abortions, will dicates that a Summer 1981 In- have an illegal abortion if it is ternship Program is being of- outlawed. This past summer, fered by Americans United For' the US Supreme Court, in LifefAUL Legal Defense Fund). Mcßae, virtually signed the AUL, we suspect, is part of a death warrant for poor women. small, well-organized, and The majority upheld the conwell-financed sector in this stitutionality of the Hyde country which has stepped up Amendment which denies the their attack on women's right use of Federal Medicaid funds to choose. for abortion. Justice Marshall, The New Right is composed in his dissent, predicted that a of many of the same faces as significant increase in death the old right; for example, the and permanent health damage John Birch Society, the Conser- for women would result vative Party, and Young because women would turn to Americans for Freedom. The back-alley butchers or antinew twist is that it has placed quated "home remedies". the ideal of motherhood ahead While abortion programs are of its militarist, racist, and anti- being cut off, federal dollars pay for 90% of the cost o_f labor programs. Their anti-abortion strategy Medicaid sterilizations. has resulted in a coalition comThroughout the country, poor posed of Evangelicals, anti- and mihority women are feminist and anti-homosexual sterilized because of threats or groups. The Catholic Church fear that medical and/or social has'also been a powerful force services will be taken away. If which the New Right has utiliz- abortions are no longer an oped. The Church has been active tion for poor women, then in, and been providing much sterilization abuse will confunding for, the anti-abortion tinue to increase. campaign. President Reagan and other The Right, no doubt, views conservatives are promoting the Nov., 1980 election results, passage of a Human Life which brought large numbers Amendment to the Constituof conservatives into Congress, tion. The Amendment would as a sweeping validation of essentially declare the fertiliztheir policies. They claim to ed egg and a pefs6h~\o be represent, as the Placement equal under the law. Such, a Newsletter indicates, "the concept is unprecedented, and ideal of guaranteeing through would make abortion tantathe law the civil right to life of mount to murder. In addition, contraceptives which- may work as abortifacients would be outlawed. The illegal abortion death rate would be outrageously high because women may not seek emergency health care in cases of a botched illegal abortion for fear of criminal prosecution. The Human Life Amendment is a threat to all women. To our knowledge AUL has not had any prior listing in the Placement Newsletter. It is not too surprising that they are confident enough, in light of the upcoming administration in Washington, to utilize a State University .service. It is imperative; that Reproductive Rights work continue in light of increasing oposition by the Right. The New Right espouses a very traditional view of the family, with rigidly defined sex roles that paternally subordinates and oppresses women. Women must have control of their lives and of their bodies. Women must control the uses to which their bodies are put in the spheres of-production, reproduction, and sexuality. We must work towards these ends; remember, our lives are at stake. Fran Bernat JoW. Faber Peter Kaplan David Nelson Betsy Broder Alice Weiner Francine Bruno Amy Jo Tricano Kathy McDermott Katherine Edgell �New Blood Viewed Necessary for BLP Survival by Joyce E. Funda BLP are third year students students will be included as a who will receive three target group largely due to the Plagued by a shrinking academic credits for the suc- comprehensive nature of the membership and the apparent cessful completion of three restructured Research and inability to meet project semesters of involvement in Writing Program. deadlines, the Buffalo LegislaBLP projects. However, unless tion Project (BLP) faces an the current projects are comuncertain future. pleted, and it seems doubtful Managing Editor Jeremy that all of them will be, these Nowak, a third year student, students will receive no credit presided over a sparsely at- for their past participation. tended meeting of BLP on Another factor contributing January 22, 1981. The seven students present were urged to to BLP's troubles is the revocaby Pat Jayne return previously requested tion in June, 1980 of academic credit for BLP activity. A project questionnaires, apDuring the next month three parently in an attempt to meet memorandum from Dean Thomas teams sponsored by the Moot Headrick to E. the impending deadlines. Moments later, Nowak sug- Academic Standards and Court Board will compete in gested the possibility of Standing Committee cited the National Competitions. The discontinuing BLP due to a basis of the' decision as "a law school will be represented quality control problem which in the Niagara Cup Internalack of interest. improved, but in the eyes tional Law Competition by the Nowak's call for comments has team of Tom Eoannou, Tanya or suggestions was greeted by of many faculty, not sufficientwho ly." Harvey, Joel Kurtzhalts and were involvStudents silence. ed retroactively were allowed Ruth Pollack. In an action project pareditor, A ticipating in BLP for a third to complete their projects for before the International Court semester, cited poorly defined academic credit. BLP was in- of Justice, they will argue to apply for reinstateabout reparations due for a projects as a major source of vited frustration. The projects are re- ment as a student run hostage taking and attempted quests for research from spon- organization eligible for rescue between the countries of Vinaldn and Maldonada. sors concerning current public academic credit. Student interest-in The Niagara Cup CompetiBLP has policy issues for use in state and local legislative sessions. declined as evidenced by a reduction in membership and Many of the requests submitthe apparent inability to meet are ted by project sponsors project deadlines. vague, resulting in projects bein broad ing expressed overly Nowak announced tentative and, sometimes, confusing plans for a spring recruitment terms. drive to bolster membership. Many of the members of For the first time, first year The Buffalo Public Interest Law Program, Inc. will hold its annual meeting on February 5 at 3:30 pm in Room 108 The agenda for the meeting includes the election of the The editors and associates write and publish an article Board of Directors, amendof the Buffalo Law Review and share in the Review's ment of the corporation's byhave announced an informal editorial and business responlaws, and the creation and stafsibilities. meeting to be held Wednesfing of several committees day, February 18 at 3:30 p.m. in Membership on the Review whose purpose will be to help room 106 to answer questions is determined by a competition facilitate the financing "and regarding the Review and to which includes writing a operation of the organization's describe this year's competi- "modified" casenote and con- programs. tions for Review membership. sideration of the student's BPILP, Inc. is a not-for-profit The competitions are open to grades from the first two corporation chartered primariall first year students and they semesters. An alternate route ly for the purpose of funding are encouraged to attend. to Review membership, the internships in public interest The Review, now in its thir- "write-on" competition, occurs law agencies. Since its inceptieth year of publication, is the in the fall, and consists of suc- tion in 1979, it has provided scholarly journal of the law cessfully completing several SUNY at Buffalo law students school It publishes articles by outlines and two drafts of a with five summer internships: legal professionals and publishable article. Both comtwo in the summer of 1979, students. Student members of petitions will be described at both with the Legal Services the Review are expected to the February 18 meeting Absent an injection of new a sweeping plan for reorganization, BLP seems destined to fade into memory, taking with it the opportunity blood and for students to participate in an experience affording a practical application of legal knowledge and skills to real life issues. Moot Court Eyes Niagara Cup; Mock Trial Competitions Begin - tion was originally started by The competitors include law schools in the United States and Canada located near the Great Lakes. Each year a different law school hosts the competition. This year's host is Wayne State Law School in Detroit. Two teams of Board members and Trial Technique students are competing in mock trial competitions. Cliff ÜB. Barry and Bonnie McArtney are competing in the ABA sponsored National Trial Competition. In the course of the competition they will represent both the state and the defendant in a criminal trial. Ron Zarowitz and Wanda Lucibello are going to the Allegany County (Pa.) Trial Lawyer's Competition in Pittsburgh. They will represent the defendant trucking company in an auto accident case. Their witnesses include the truck driver, Lone Ranger, played by Scott Oakley and State Trooper Dudley Duwright, portrayed by Charles Elefante. Any student interested in sitting as a judge for practice oral arguments for these competitions should check at the Moot Court Board office, Room 8 in the Basement. Public Interest Group Will Hold Elections and Plan Their Future Law Review to Outline Upcoming Competitions Behr Wrestles With Campus Parking Plan To the Editor: INEANDERTH/M- for the Elderly Project and of those to be tapped. three in the summer of 1980, A proposed amendment to with Legal Services for the the by-laws, subject to the apElderly, Prisoner's Legal Serproval of the corporations' previces and the Protection and sent membership, would for eliminate the mandatory Advocacy System Developmental Disabilities, membership fee presently berespectively. ing put towards funding the inFor 1981, the corporation is ternships. It is hoped this will seeking to expand both its encourage participation from sources of funding and the a greater number of both number of internships to be of- students and non-students. fered. To date, funding has The present Board of Direcbeen provided to a great ex- tors consists of Howie Berger, tent by the Student Bar Professor Robert Berger, Jane Association and members of Crosby, Art Hall and Elaine Law Review. Student and Harold. For those interested in faculty contributions have also serving on the Board, the term been received. A coordinated of office is one year, running effort to solicit money from until February 5, 1982. outside the law school is The organization needs people comitted to keeping public presently being devised. Alumni, local law firms and certain interest "interest" alive at this business enterprises top the list school. Please attend. ESQ. coupons, a weakened version of the green stamp. Carpooling I resent very much the plan has strong, built-in economic by which the best parking and ecological incentives, and spaces on the Amherst Campus a guaranteed parking place — isn't going to have, been reserved for car- even the best poolers. This imposition is ob- increase its attraction. This viously the revenge of some plan simply rewards those who zealous and influential car- would carpool anyway, and in unfairly so it poolers who got passed over doing for a Dial soap commercial. discriminates against those The only justification that I who are unable or unwilling to can imagine for it is that it is participate in carpooling. meant to encourage carpoolThis irrational, unfair and ing and hence preservation of discriminatory plan must be natural resources and the halted before it reaches the enphysical environment. This forcement stage, when it will land-grab plan is about the begin to serve a legitimate weakest incentive to anything public purpose revenues for that I have ever heard of, and I the Town of Amherst. include decorator jars and Laurence Behr Brand Names' profit sharing — — ''/ don't understand it! My client insists upon acting like a barbarian. I told him if he really wants to get even, he should plunder the man's cave, but all he wants to do is litigate!" February 5,1981 Opinion 3 �Commencement Committee Plans Unique Events by Doric H. Benesh of months ago. Open to all law students, facility, staff and administration, the price of 'adAlmost one year ago, the mission entitles one to free 1981 Commencement Commit- beer, chicken wings until they tee began working to create are consumed (half-price wings and coordinate graduation ac- thereafter), free soda and drink tivities for students graduating Admission is free for specials. on May 24, 1981. The commityear students who those third are tee members Therese purchased or who do purRahill, Nancy Caple, Patricia have chase a senior ID before Baum, Jayne, Jay Ed Nor- February 12. All others will be thwood, Chris Trapp, Joe charged $4 until February 12 or Peperone, Scott Wright and $5 at the door. be no more than $8. Persons without IDs will probably be charged approximately $12. Dress for the evening is semiformal, black tie optional and all law students, faculty, staff, administration and their spouses or dates are invited to attend. The third activity is a reception to be held on the eve of graduation, Saturday, May 23, 1981, at the new Amherst MarLeslie Wolffe. riott Hotel on Millersport The second scheduled Highway. This reception will After months of meetings graduation activity is a dinner be for students, their parents, and planning, "graduation and dance to be held Friday, friends, faculty and staff. 1981" activities begin Thurs- April 3 at the new Buffalo Lasting from 5:30 pm until 7:30 day, February 12, 1981, with Hilton Hotel. The evening's aca cash bar and free hors the advent of the first annual tivities commence at 7 -pm pm, d'oeurves will be provided. A "100 Days 'Til Graduation with an open cash bar until 8 is expected to string quartet Party. The festivities begin at 9 pm when dinner will be served. entertainment. Admisprovide pm and continue until closing At 9:30 pm, the dance begins. sion to this reception is open at Rooties Pump Room, which Live music will be provided by to all, with or without senior is located on Stahl Road near a four piece ensemble, "LookIDs. The Student Bar Associaincludes Campbell Boulevard. The ing Back." Admission tion will be paying for most of original plans were to hold the full dinner, with wine, and the the affair. of the band. Seniors with party at a different site, but cost Finally, on May 24, 1981, those plans had to be IDs will be admitted at a disrevamped when the first site counted price, estimated by Commencement will be held at was destroyed by fire a couple the Committee at this time to Kleinhans' Music Hall in Buf- falo. Anthony Lewis, author of activities except the May 23 is Gideon's Trumpet and a former reception. The Committee "ad book" to Supreme Court reporter for the also preparing an expenses. If a sufficient New York Times will be the defray number of ads are sold, the the speaker. estimated cost of admission to The work of the 1981 Com- the dinner dance will decrease. mencement Committee is comA second reason the Commendable for at least two reasons. First, the group is mittee should be commended working with an extremely is because of its diligence and limited budget. In the past, cooperation. Never before SBA has provided substantial have such extensive graduation activities been planned. sums of money from an end-ofimportantly, the work of More surplus. year, This the-year SBA has allocated any surplus the Committee has been funds which may have existed thorough and productive. For and has provided an original example, last year at this time budget of only $300.00. the 1980 Committee was still Currently, it appears that SBA squabbling over the selection may add $200.00 to that of a speaker for graduation. budget line, but the $500.00 Seniors who have not purtotal is miniscule in com- chased IDs may db so when parison to the $1,500 SBA the ID and Ticket table are spent on last year's Kissing open outside the law library, or Bridge picnic alone. may contact a committee It is because of the small member. All other students amounts of SBA's contribution and the faculty, staff, and adthat the Committee has had to ministration can purchase resort to selling senior IDs and tickets for individual events in to charging admissions for all the same manner. Target On Again! BRC students had no cause for concern on four of the six essay questions on the July 1980 New York Bar Exam, because Joe Marino, Sr., a virtual legend in New York bar review (with over 35 years of experience) thoroughly analyzed the issues that appeared on those questions during the bar review lectures. BRC's amazing ability to "predict" many bar exam issues is only one of the critical differences that give our students a competitive edge on the exam. Ask a BRC representative for others. brc reps Debbie Decker JayMintzer Ed Northwood fclyseLubin Joy Kindrick Vincent Phillips Dean Emmanuelli Larry Friedman Tanina Liamari Mke Athans _ Eastern Regional Office: 17th Flrw MOOr brOaOWaV, TYtn M Rrnarlwav New York NeW York 10006 A o .n or» 212-344-0100 oh . ci \ 1 I / \\LJy Andrew Cataldo Rosenblum julie Larry Engel Greg Miller Wendy Fechter Mark Ventrome Matt Modica Alan Solarz Glenn Frank ) udy Holender —-mum iflHHßHiiiux— Marino-josephson BRC Opinion February 5,1981 4 nottnqtf �First-Year Student Reviews Course Headrick's Torts Described Innovative Though Confusing by Andrew Thaler approach worked well. The historical approach generally Auto Accidents and Safety, illustrated court shifts in attaught first semester by Dean titude and policy. Automobile Thomas Headrick, was an in- usage, in particular, acquired novative approach to the greater acceptance as a teaching of first year torts. The popular mode of transportacourse, with the exclusive use tion major impact and had a of auto accident cases, analyzed the evolution of the tort on such areas as product system over the past 100 years. liability and the tortThrough the use of the negligence system in general. automobile, which accounts The excluseive use of for the majority of torts prior automobile cases, however, to no-fault, the basic concepts caused many students to lose of tort were taught. The course interest in the extensive case offered a prime opportunity to materials. Despite assurances study the history and by the Dean to the contrary, legislative policies of the many students feel that they automobile and its effect on have somehow "missed out" tort-negligence compensation on a real torts course. In parmodels. The hope was to give ticular, students are concerned an in-depth and complete view over their general lack of of the tort system. Initially, this knowledge of intentional totst, especially when confronted with it in other classes. Perhaps cases not involving automobiles would have stimulated interest and introduced new areas of torts without losing sight of The basic history and problems of tee Berger the automobile. The student was often left Dean Thomas Headrick taught a unique torts course to first-semester confused as to the relative im- students. portance of the readings legislative reforms were dealt credit for his innovative apbecause they dealt intricately with in lecture form. The proach. He was often conwith so many areas. Students topics were not allocated suffi- fronted with the somewhat generally agree too much class cient class discussion time dur- abusive humor of both the time was spent on exercises ing the final days of the faculty and students which unsuch as full-period discussions semester to enable the student fairly reduced the course's of footnoted statutes and not to tie the course materials credibility. The course's sufficient time or preparation together. Many students did greatest faults lie in time on more important and difnot leave with the clear and management and focus, but ficult areas such as the new nocomplete picture the course the basic theory is solid. As fault and uninsured motorist was specifically designed to with all new ventures, some laws. Extensive reading on key teach. polishing and feedback is incost-avoidance models and The Dean should be given evitable. ~ Three New Law Librarians Help to Create a Full Staff by Karen Spencer The Law Library is celebrating the unique experience of having a full staff. Three new librarians have join- ed the ranks since November of last year. Marian Parker is the new Associate Director and Head of Public Services. She was formelry the Research Librarian and Instructor in Legal Research at Duke University Law School from May 1979 to November 1980. In this position she taught a legal research and writing course for first year law students similar to the course taught here at Buffalo. Marian received her J.D from Wake Forest University School of Law in 1978 and her MLS. from U.N.C. at Chapel 1979. . Her Hill in undergraduate degree from U.N.C. at Greensboro was in business administration and economics. Marian's role at Buffalo is to oversee the public service functions of the library including reference, audiovisual, documents, library instruction and circulation/reserve. She is also responsible for collection development and will eventually work with budget and SUNYAB from 1977 to 1980. MLS. from SUNYAB in 1978 Gemma received her M.L.S. and her B.A. in psychology from Columbia University in from SUNYAB in 1976. She was 1974 and a B.A. in History from the Head of Serial Records for SUNY at Binghamton in 1973. the SUNYAB University She is presently working Libraries from September 1978 towards a Ph.D. in Higher until joining the Law Library. Education, specializing in Mary is responsible for mainAcademic Librarianship at taining order over budget, SUNYAB. order and holdings records for Gemma has been actively in- a library which spends nearly volved in the General Educa- 80% of its money on serials. tion movement here at The nature of most legal SUNYAB. She authored the materials requires their conslibrary instruction workbook tant updating pocket parts, which is currently being used advance sheets, supplements, in the English segment of the new editions, etc. Thus, order and recordkeeping to maintain general education program. Mary Miller became the Acthe "living law" present a parquisitions and Serials Librarian ticular challenge and responin January. Mary received her sibility. — Frank Boh Three new welcome additions to the law library are (I to r.) Gemma DeVinney, Mary Miller, and Marian Parkey. Tenure System's Procedure is Exposed by Edward M. Sinker tenured colleagues enthusiastically and overwhelmTo tenure or not to tenure? ingly vote in the affirmative for That is the question on the tenure, the dossier is then forminds of tenured UB law pro- warded to Vice President fessors constituting the Promo- Robert Rossberg, who in turn drafts a letter of recommendation and Tenure Committee. Robert The Committee is thrown in- tion to UB President Ketter. Ketter refers the matter to deliberations upon the reto the President's Review quest of a professorial canBoard (PRB), which considers a tenure deterdidate seeking both Rossberg's and the law mination. University regufaculty's recommendations lations preclude the continubefore reporting back to ing employment of a professor who, after having taught at UB Ketter. Ketter, unless overpersonnel matters. ruled by the Chancellor, has Marian is currently working for seven years, has not rethe final word on granting of a decision. quested tenure on a major legislative history tenure. project which covers federal The Committee, prior to the Any contradictory conclulegislation from 1945-1970. Her candidate's official request for sions between the Vice Presiarticle on reference internships an on-the-record tenure deci- dent, the tenured law faculty in law school libraries will be sion, will meet and cast a nonand the PRB, as to the tenure published in Law Library Jour- binding, advisory vote after issue are resolved by President nal, Summer 19801 Mariart is having thoroughly reviewed Ketter. Dean Thomas Headrick very active in the American the candidate's dossier. The bears the responsibility of dossier will include, for examAssociation of Law Libraries. representing the law faculty's such items as SCATE sentiments to the candidate, ple, Gemma DeVinney joined the reference librarians in ear- forms, solicited student letters, the Vice President, the PRB, scholarly and the President. ly November. She worked in the candidate's commentary by When the non-binding, the Buffalo and Erie County works, and on those faculty advisory vote is against Library from 1974 to 1977 and other legal scholars granting tenure, the candidate as a reference librarian in the works. Should the candidate's has two choices: (1) she/he may Undergraduate Library here at victions." request a binding, on-therecord vote by his or her Should the faculty, at the tenured colleagues or (2) binding, on-the-record second she/he may withdraw from meeting requested by the cantenure consideration didate, ratify its negative adaltogether. The latter choice visory vote and the Vice Presiallows the candidate to move dent concurs with the faculty, on in his or her career without the candidate may be denied prejudice; as the candidate has tenure. The candidate may apnot yet requested a tenure peal both decisions by redecision, she/he cannot be said questing review by President to have been denied tenure. Ketter. "I rarely take an active part "The advisory vote," said Headrick, "serves to give the in tenure meetings," explained candidate some information in Headrick, "but I do vote at which to decide whether he both stages." Votes are cast should seek tenure. I try to via secret ballot. convey to the candidate the "I've watched the tenure central feeling of the Commit- process," continued Headrick, tee." "for over four years at ÜB, for "The advisory vote," com- three years at Stanford, and for mented Associate Vice Presi- six years at a small liberal arts dent for Academic Affairs college. Decision-making William R. Greiner, "represents faculty honestly try to set an attempt to gather some aside personal feelings in an sense of the Committee's feelattempt to objectively make a is no in way binding and decision on the basis of a writings on the Committee." Greiner ten record and a record of peremphasized, "The votes cast in sonal contact with the canthe advisory meeting are simdidate. Personal likes or perple 'yes' or 'no' votes and, sonal ideologies play no therefore, do not convey the significant part in the tenure intensity of a colleague's conprocess." February 5,1981 Opinion 5 �Women's Rights to Abortions Are Jeapardized by Frances P. Bernat 1,200,000 illegal abortions each year prior to its legalizaOn January 22, 1973, abor- tion. Wealthy women were tion was legalized. In Roe y able to obtain illegal but safe Wade, the U.S. Supreme Court hospital abortions in the US or declared that the decision to in countries where abortion have an abortion in the first was legal. Poor women, unable trimester of pregnancy is bet- to pay for private hospital serween a woman and her doctor. vices, faced either childbirth or State regulation of abortion illegal, high-risk abortions. may occur after the first These women utilized lye trimester except when douches, consumed poisons, necessary to preserve the life or injected sharp objects such or health of the mother. In ad- as coat hangers into their uteri. Attempts to drastically dition, the court held a fetus is not included in the constitu- restrict the right to abortion have been reinstated by the tional definition of a person. On the same date, the court Right. Some local legislatures in Doe v Bolton held as invalid have sought to require spousal, requirements that abortions parental, and/or informed concould not be performed sent prior to an abortion. Such without approval of a hospital committee and two licensed doctors. These two decisions legalized abortion on demand. Access to legal abortions has had a troubled, yet relatively young, history. In 19th century America, abortions were performed by midwives as part of their services. gynecological Towards the end of the century, however, the medical profession had grown to a point where male doctors began to usurp midwife responsibilities As part of the physicians campaign to control women's reproductive decisions, they sought legislation prohibiting ALL abortions. To justify their actions they cited unsafe and unsanitary abortion methods which they claimed resulted in greater risks to pregnant women than childbirth itself. One of the first abortion statutes was passed by Connecticut in 1821, making abortions illegal both before and after quickening. After the Civil War, abortion was similarly outlawed throughout the nation. Criminalization of abortion did not stop women from procuring the service. There were an estimated 200,000 to restrictions not only deny women the right to decide, but would delay the date of the abortion and thus increase health risks associated with late abortions. To date these" requirements have been held to be unconstitutional or invalid by reason of preemption. In 1977, the Hyde Amendment became a rider to the reviewing the cost of state HEW Appropriations Bill. The financed abortions for poor amendment has been the focus women. of great debate in both the The constitutionality of House of Representatives and restricting federal Medicaid local communities. The Hyde funds for abortions was upheld Amendment restricts the use by the US Supreme Court this of federal Medicaid funds for past summer. Harris v Mcßae abortion to cases of rape, in- can only be viewed as a major cest or to medically necessary step towards restricting the abortions. The result of the right to abortion on demand. amendment has been to When women lose their right reduce federally funded abor- to abortion, 70% of nearly tions by 98% and, thus, effec1,000,000 women who want tively cut off poor, minority abortions will turn to and teenage women's access dangerous self-induced or ilto safe abortions. legal back-alley abortions. If Many states have followed access to legal abortion is the federal Medicaid example denied then an estimated 250 and have similarly restricted or deaths and 25,000 complicacut off state medicaid funds tions requiring hospitalization for'abortion. New York State is would occur each year. The one of the few states that brunt of these tragedies would maintains state Medicaid funfall once again on poor and ding for abortions. This policy minority women. In 1974, four is currently threatened by out of five women who died Governor Carey's emphasis on from illegal abortions were cutting the state budget and non-white. Many poor and minority women may now be forced to undergo a sterilization operation to avoid unwanted or medically injurious pregnancies. Birth control methods may not prove to be feasible because the most reliable methods present serious medical risks to many women and other methods greatly increase a woman's chance of pregnancy. Sterilization may ideal of motherhood ahead of the Right's militarist, radst, and anti-labor programs. Currently, the anti-abortion movement has been pushing for a Human Life Amendment to the US Constitution. The HLA would nullify the U.S. Supreme Court's Roe v Wade decision. One alarming result of the HLA is that a woman who has an abortion could be prosecuted for murder. Never before has the criminal law equated abortion with murder. be viewed by poor women as the only alternative birth control method. Ironically, 90% of the cost of the operation is The pro-choice movement is paid for with federal funds. more than just a pro-abortion For the first time in history ideology. The movement there is an anti-abortion moverealizes the need for adequate ment that is composed of the daycare facilities, improved Right, the Catholic Church, prenatal and. postnatal care, an Evangelicals, anti-feminists end to sterilization abuse, and and anti-homosexuals. The development of safe, reliable movement has been providing birth control. Women's rights much funding for their cam- include the ability to make paign which has attempted to decisions concerning their prowin support by placing the ductive and reproductive lives. Prison Task Force Unveils Grim Reality of Attica Life by Last Alison Webster semester the Law School Prison Task Force arranged for students to take tours of the Attica Correctional Facility. The tours will be continued this sesmester and all law students are urged to take advantage of this f opportunity. Those who have already taken the tour found exposure to the penal system quite valuable. The prison is located in rural Wyoming County, approximately one hour's drive from the law school. Car pools were organized for the tours and provided an additional benefit unique Frank Boh Attica sits snow covered within, With no outer indication of activity and silent Opinion February 5,1981 6 of enabling students to share therr feelings about what they had experienced at Attica. Students were fortunate to be permitted to see many areas of the institution that most people, including criminal attorneys, are not able to see. Although the small hospital, solitary-confinement building and the major cell blocks were off limits, they did see most other areas of the prison. Students were shown the modern sections of the the prison, including classroom area and the gym. The staff guide was candid in explaining that these areas are to one of theB'xlo' cells to get a sense of what it might be like to be confined. The steel bed, cold water sink, tiny toilet and desk left little room for movement. It was difficult to imagine spending fifteen or twenty years in such a tiny area. During the tour students ninety-minute also saw the metal furniture workshop, chapel, mess hall, "honor" cell block and the small prison law library. In each area we were able to converse briefly with guards and prisoners, who were often candid in their answers to our questions. These conversations were prounder-used due to personnel bably the most valuable shortages and security reasons. aspect of the trip. The Most of the prison's prisoners were very curious as buildings were built in the late to why law students had come 1920's and clearly reflect their there an many expressed a 24 hour occupancy. For a desire to work on projects with number of students the most the students at our school. moving experience was being Most prisoners seemed geled to the sparsely occupied nuinely impressed that wing of "D Block", which was students had taken an interest one of the areas involved durin seeing the inside of the in' ing the 1,971 prisoner uprising. stitution. Most first year students had We were permitted to enter in- -, just completed a semester's class on criminal law focusing on the elements of different crimes and available defenses. Although some time was also spent studying different justifications for punishment, students did not explore the impact of such punishment of the confined criminal. Even a brief opportunity to spend some time behind the walls of this maximum security prison is valuable in gaining understanding into the practical implications of legal punishment. Whether or not law students have a particular interest in criminal law, as community members we have all developed opinions about the present criminal justice system. One of the goals of the Law School Prison Task Force is to provide experiences which will help insure well informed opinions. Sign up sheets for the prison tours will be in the student mail room All are encouraged to participate in this unique experience. ' �King Coalition Will Continue by Laurie Gross anything to alleviate the problem. The Martin Luther King Day In early November, the Memorial Rally Coalition is the Greensboro decision sparked a organization responsible for demonstration by three local the anti-Nazi demonstration groups who felt the Nazi Party which took place in Niagara had been given a green light to Square on January 15. carry on with racist moves: Contrary to what the name Buffalo Against Racism, suggests, the Coalition has Worker's World Party and Bufbeen in the making since long falo Students Against Racism, before Martin Luther King Day. a group based on the State To understand its evolution, it University College at Buffalo is necessary to review the campus. events which were concerning Reagan's election, showing a its organizers prior to that day strong support for the rightand their responses to those wing, furthered concern ofihe events. Coalition organizers. Since last summer, eight "The election created a naBlack men have been murdered in Buffalo. In mid- tional feeling that 60's acOctober, over 250 organiza- tivism had drained away," said tions, which included local Eleanor Dorritie, spokesperson church,, law and teaching for the Coalition. "The media associations, responded to the was acting as public relations violence in forming a Unity spokesman for the right as if it Day Coalition: There were in- were the grass roots feeling, dividuals who felt Unity Day but it wasn't." became a forum for local As an industrial city with political and community high unemployment, growing leaders who were not doing poverty, and tension fostered by the racial murders, Activities Buffalo The Coalition's reply on because the Nazis had no January 1 made the top of the rights," said Dorritie. news. The Coalition went ahead Mayor Griffin's decision to with the rally boasting the 60's December. ban both rallies on the premise slogan "the streets belong to "Visible and vocal response that violence could erupt, was the people." They were to their demonstration was formulated that weekend. He greeted by hundreds of people necessary as a signal to the en- launched a $90,000 campaign running, to Niagara Square to tire country," said Dorritie, to promote the Martin Luther see if the rally would take "we aimed to see that it King Day Rally jn Lafayette place and show their support. wouldn't be tolerated." "The proposed anti-labor, Square. -' The Coalition was banded "There was never a question anti-women, anti-black, and on December 18 and imof planning any form of anti-social legislation has to be provided a fertile climate for the Nazi Party demonstration which was announced in early mediately began mass physical confrontation," said responded to in an affirmative distributing leaflets Dorritie. "The organizers had way and it is the conviction of throughout the city and sur- been involved in the struggle people everywhere that will rounding areas. At that time for civil rights for many years turn that around," she said. the Coalition was in contact and guaranteed that it would The Martin Luther King Day with church and community be safely, peacefully and legal- Memorial Rally Coalition is leaders who "felt that the rally ly carried out in an organized hoping to provide speakers at was a good and necessary fashion." the National Anti-Klan Conthing," according to Dorritie. Following the decision, com- ference which will be held in Less than a week later, they munity leaders threatened Washington, DC. at the end of withdrew support, but comwithdrawal of funding. the month. munity response was conHowever, public opinion and Dorritie said there are no tinually growing and positive. involvement grew steadily and other immediate plans but they will continue in activities On December 31, the Parks significantly. Commissioner granted the "The people were 100% sup- along the same vein because Coalition a permit and a Chanportive. They felt there was no "it gives heart to people in-the same, situation throughout the nel 7 editorial proposed movjustification to oppose the raling their rally to a different sit. ly to go against the Nazis country."^ Carey's Proposed Budget to Eliminate SUSTA by Marc Ganz Governor Hugh Carey's 1981-1982 executive budget request for UB Law School does not include $247,000 for State University Supplemental Tuition Assistance (SUSTA), the financial aid package for the law school's economically disadvantaged students, According to Financial Aid Advisor Jay Marlin x there were 226 law students who received maximum payments under the Tuition Assistance Program (TAP) in and, therefore, automatically received additional financial assistance through the SUSTA program. In the 1980-81 school year, each eligible student received an additional $1200 credit against tuition charges. Marlin stated to a shocked Student Bar Assoc/iation\ also pushing for restoration of the deleted program. According to Janice Fine, Vice President of the student organization, "We're fighting for SUSTA, as part of a package we are asking the legislature to fund." She added, "We're asking students to stage a series of There are indications the actions, including budget hearNew York State Assembly and ings, meetings with legislators Sente will be willing to restore funding for the SUSTA pro- and trustees." At the law school, SBA Presigram. A reliable source in the William Altreuter has dent Assembly said, "If SUNY Cenformed a committee to tral pushes for restoration, we educate the legislature will go along also." In the past, concerning the SUSTA proSUNY Central has been suppor- gram and proposed tuition intive of the SUSTA program, creases. Altreuter stressed he and recently Vice Chancellor wanted the students to work Harry Spindler reaffirmed the with Dean Headrick and the SUNY administration's support ÜBTaw school administration for the financial aid policy cura unified campaign to in ■' rently in effect. restore Carey's budget to its The Student Association of original status. the State University (SASU) is There are indications the assemblage, "Students and administrators will have to work together to try to get the legislature to restore the SUSTA program." The Governor's proposed budget fnust be approved by the New York State Legislature by April Ist. . , ' ' Discrimination in Law Faculties? WASHINGTON, DC. While women appear to be making great strides towards integration into law school faculties, a number of barriers must ■be removed if they are to become full members of the law school community. That is the conclusion of a report by the American Bar Association's Section of Individual Rights and Responsibilities. The study entitled "The'integration of Women Into Law Faculties" was funded by the National Institute of Education and New York Law School. Project members sperit a year gathering information from the faculty, administration and students of selected schools. The attitude of students towards women faculty counterparts." Ashburn pointed out that the students seem more likely to challenge women professors. For example, Ashburn said, "We found women spent on the average 5 hours more a week inxlass preparation, and 5 hours less per week on research and writing despite similar teaching loads." This becomes important, she said, when we recognize the increasing importance of publishing to the advancement of a law faculty member. ' The study also found that presently most of the women are junior faculty members. According to Ashburn, "We don't know the attrition rate of women how many are leaving teaching as a result of this performance pressure.. But we do know that the integration of women in law school faculties is not a foregone conclusion." — members is one serious problem facing women law professors. Dr. Elizabeth Ashburn, director of the project, said, Copies of the study are "Women tend to be viewed as less competent than their male available from the ABA's law school tuition may be inDean Thomas Headrick is creased by as much as $600 concerned about the threatenper year. If SUSTA is deleted, ed financial aid cutbacks the student receiving max- Headrick declared that ''"the, imum TAP award and SUSTA deletion of SUSTA is will pay an additional $1800 disastrous. It opens the risk of per year in tuition charges maaking the school an elitist This may cause many of the institution." in citing that over current SUSTA recipients to a quarter of the law school drop out of -law school receives SUSTA, the DEAN adbecause of lack of financial ded, "The end of SUSTA may resources. Altreuter and mean denying poor persons Marlin are hoping the the opportunity for a first class Legislature will help us out. legal education." NEED RESUMES? Resume Typesetting & Copies Cover Letters 1 Composing ACCU-TYPEsetting RESUME SERVICE 47 Christine Dr. • Town of Amherst. (off Sweet Home Rd.) Section of Individual Rights and Responsibilities, 1800 M Street, N.W., Washington, DC. 200356, (202) 331-2279. , S - 691-7480 Quality Dependability - - Service Moderate Prices STUDENT FEE WAIVER APPLICATIONS are available in the SBA Office Deadline for applying is Friday, Feb. 13 Fee waivers are based on financial hardship! February 5,1981 Opinion 7 �Commentary Method and Purpose of Ethics Course Questioned by James J. Wilder Who should be blamed? To blame someone seems to be the natural tendency when something goes wrong. As tempting as it is to dish out blame for the fiasco called Ethics, I shall try to be somewhat constructive. SOMETHING IS WRONG WITH ETHICS!!! Based on conversations with Dean Headrick and Marshall Breger, the problems are as follows. The ABA has said all students must have a course in ethics before graduation. The first problem has been when to offer the course. The Dean said past attempts to offer the course in the third year of the program have been dismal failures. Third-year students read newspapers in front of speakers, fell asleep, cut classes and, generally, treated the course like a "joke." The experimental Ethics course was offered to first year students who, it was thought, might be more interested and more impressionable than third year students. Running the course from mid-semester to mid-semester was expected to avoid conflict with other courses and lessen the load. On paper the idea looks good. In mid-semester, however, other professors thinking the "first-year honeymoon" had lasted long enough, began to step up the pace of their courses. EnterMarshall Breger and course number six: Legal Ethics! Incidentally, a Wallin memo from early this year requires any student with more than five courses per semester to petition the Dean for a waiver of general academic policy. Breger was convinced the subject of ethics should not be dealt with lightly. In an attempt to engulf the growing field of legal -ethics, Breger provided his students with hundreds of pages of articles and cases. Unfortunately for Marshall, he seemed to be the wrong person with the wrong course at the wrong time. After all, the poor guy is up for tenure. Due to a lack of time, students simply put ethics on a back burner. Many people had good intentions about reading the materials over Christmas vacation as Breger has suggested, but few students accomplished that goal. The problems were compounded by a general lack of course planning, a failure to state objectives and a growing dislike for the course as a about any type of grade in ethics. Too many H's are likely to be meaningless and D's and F's are likely to raise a number of eyebrows. The plan that looked good on paper was much less attractive in practice. People still read newspapers when guest speakers appear, people still fall asleep, students still cut classes and ethics is once again a joke. Worst of all, most people have learned very little about ethics except that the subject's consent should be required prior to experimentation. Can anything be done at this late date? Changing the test to Pass/Fail is certainly one alter- New Catalog Begun in Lockwood As Law Library Makes Changes by Linda 1 i i AL KATZ / PHOTOGRAPHS 1970-80 tfbmaafMUaai *|PI "H fTTSiX i |"J,jWM«. || jggg few ftjji^ "& FEB. 6- MAR. 1 ADDITIONAL HOURS: THURS. &FR1.7:30-10 gallery hours: Wed. thru Sun 1:00to 4:3opm wbyappoirrlrrent: 886*3616 the Cohen On January 2, 1981, most American academic libraries whole. adopted a new cataloging Objective evaluation by procode. The new code is known fessors is another serious proas the Anglo-American blem with the ethics course. Cataloging Rules, 2nd edition Ten minutes of Monroe Freedor AACR-2. man discussing his code with Cataloging in American Robert Kutak would obviously academic libraries is a major demonstrate ethics is anything cooperative venture. Most of but objective. Although rote these libraries use cataloging memorization of the codes data from the Library of Concould be graded objectively, gress or peer institutions as the there are serious questions basis of their own efforts. OPENING, FEB. 8 at 8:00 ■ artists gallery commitit*gaHaiy 30 ESSEX STREET BUFFALO. NEW YORK 14213 \ 8 ite*t"r»i. Ml Py /•»— ||| —^ J ,«££, One reasonable suggestion is that the course be offered as an elective in the second semester of each year. The course would be open to all students. The responsibility of taking the course before graduation would be left with the student. Having the course in the second semester would reduce the intimidation freshmen would feel from the upper classmen. Finally, ethics should become a three-credit A series of pass/fail hour course. worksheets would be of Ethics will only be treated as greater educational value than a serious course by the a single test. These worksheets students when the design and would require familiarity and implementation of the course comparison of the various demonstrates serious imcodes and materials to complementation by the faculty plete. and administration. native. Many students are not anxious to be held liable for an experiment that failed as miserably as this one has. In the future, the course should start with definite objectives' and developing materials around those objectives rather tlan compiling articles of questionable worth. A class schedule would also be useful in telling the students where the course is headed. Lockwood Library and the Law Library are no exceptions. Both libraries are members of O.C.L.C. (Ohio College Library Center), a national computer network, from which we obtain cataloging data prepared by the Library of Congress as well as other member libraries. The Library of Congress's decision to adopt ACCR-2 has thus been the key influence leading to a similar change in most other libraries, including both the Law Library and Lockwood. The ultimate goal for academic libraries in America today is the development of an on-line catalog. This objective can only come about by having machine-readable records in a library's card catalog. It is impossible in a few words to detail the changes that will occur in cataloging and how these changes will affect the library user. Generally, libraries will now catalog books using authors' most common names or the names they list on the title pages of their books. Serials will be cataloged under the names by which they are commonly known, and not under the names of the associations which issue them. Because of the adoption of AACR-2 and because of the ultimate objective of creating an on-line catalog, the decision has been made to begin a new card catalog at Lockwood Library. This new catalog will be arranged.according to the 1980 American Library Associa- tion Filing Rules; these rules differ, from the filing rules* utilized in the old catalog. Users should be aware that the new Author-Title and Subject catalogs in the Lockwood Library will serve as union catalogs for the entire library system. The holdings for the Law Library will be fully ac- NOTICE Opinion February 5,1981 when the reclassification of the entire collection was started. It should be mentioned that the Law Library does, in fact, have two card catalogs. However, the existence of two catalogs is not a consequence of the new cataloging, rules. There are two catalogs because the reclassification of the collection begun nine years ago has not yet been completed. The old catalog represents those periodical and serial holdings which have not yet been reclassified. As items are reclassified, the cards representing them are removed from the old card catalog. Therefore, at some time in. the future when this project is completed, the Law Library will have only one card catalog. The library is offering Lexis review sessions for upperclass students on Mondays at 10:00 a.m. and Tuesdays at 11:30 a.m. or by appointment. See Karen Spencer. 8 cessed in the new union catalog; in other words, duplicates of all our author, title and subject cards will be filed in the Lockwood catalogs. If a user is trying to locate materials at Lockwood, he may find it necessary to check in two card catalogs. For items published in 1981 and later, the user need only check in the new catalog. For items published in 1980 or earlier, the user should look first in the old. catalog If the Item" is not found there, the new card catalog should then be checked. The Law Library will not be starting a new card catalog. While we are adopting AACR-2, we will be incorporating tbe~ necessary changes into our existing catalog. We are able to accomplish the because our card catalog is much smaller than the union catalog in Lockwood. In addition, our catalog is relatively new; it was begun only nine years ago �Canadian Law School Provides Unique Education by Ralph W. Peters generated by this Law Libraries are government unfortunate siting plan could publications. There is no gusts One's legal education is conducted a bit differently in our neighbor to the north, Canada. In the Province of Ontario, all law schools are part of the provincial univerity system. Tuition, as might be expected at a state-subsidized school, is low. Low, perhaps, is not the right word. Negligible may be more appropriate. Students at Osgood Hall, the Law Center of Toronto's York University, pay a mere $915 in Canadian currency per year in tuition monies. M Osgood Hall is part of a stark, barren, sterile complex of white and brown structures on the outskirts of Toronto. Winds reach terminal velocities between the six and seven story buildings, and SUMMER LAW STUDY in Guadalajara London Oxford Paris Russia Poland San Diego - For information: Prof. H. Lazerow U. of San Diego School of Law Alcala Park, San Diego, CA 92110 probably put a 747 into orbit. equivalent of West Publication Inside the main buildings, and Key Numbers. However, things are a bit cozier. Osgood the official reporters do give a has a nicely designed law small encapsulated report of library, which is said to be the the case. largest in Canada. The ComAdditionally, there are not a mons Room has a fireplace, a host of study aides available to pinball room, an elaborate Canadian law students. Bill sound system, and an Advent Burnfield, a student at Osgood six foot projecting television. Hall, said there is no Revenues from the game room equivalent to our Legal Lines, go to support Thursday night Sum and Substance, Nutshells, socials in this commons area, and the like. Hornbooks are thus keeping refreshment costs available, but are not extenlow. Bear in mind this area is sively relied upon. solely for use by law students. There is no tacky Bar Review Legal education is also a recruitment drive in Ontario three-year program in Canada. Law Schools. There is one However, upon completion of course, the Bar Admission one's three year course of Course, and is administered by study, graduates must spend a the Law Society of Upper year "Articling." Articling is Canada, a quasi-governmental nothing more than clerking, body. Students pay $700 tuibut students are required to tion, and take a series of two spend one year in this week mini-courses, after each apprentice-like capacity. Few of which an exam is given. This students have law-related jobs series of courses and exams during the school year. lasts a half year. If one fails an Research and Writing is exam in this series, she/he taught at Osgood, and is term- merely repeats that two-week ed the Legal Profession. Things unit and retakes the are conducted in much the troublesome exam. The per se at Osgood, one rarely same manner as they are at various units are largely taught sees a woman dressed in jeans, by practitioners. ÜB, excepting the Orals round and sports coats and ties seem which is done with full fanfare. For the most part, Canadian to be de rigeur for male Students deliver their Law Schools field debating students. By joining the Legal Aid arguments clad in gowns, and teams. These organizations exa panel of three be-wigged ist independently of Moot Society, Second and Third year students may represent clients "judges," usually professors, Court, and are primarily conpass judgement. This is concerned with non-legal ques- from start to finish. They are sidered Moot Court, although tions. Students at Osgood were permitted to take their case to there exists at Osgood a Moot surprised UB had no club court and argue before the Court system similar to ÜB's. devoted to the rhetorical arts. magistrate. First year students While there is no dress code can assist in research and brief All reporters in Canadian writing. Many Canadian law students look to the Western Provinces as the place of their future employment. The energybased boom in British Columbia and Alberta has created a demand for attorneys that has so far outstripped supply, and as such, there is increased interest in the study of pro- vincial law other than that of Ontario's. Loophole© byhal malchow February VW Opinion 9 �am\m\ H LmW W\. LmW \W\ DIRECTOR, BAR/BRI will be here to discuss the New York Bar Exam and the BAR/BRI New York Bar Review Wednesday, Feb. 11 11:15 a.m. room 106 refreshments served SENIORS SUMMER '81 EXAM now $495+ refundable book deposit. First & Second Year Students 1982 and 1983 Exams now $470+ refundable book deposit. DISCOUNT DEADLINE THURSDAY FEBRUARY 19 Also, Irving Younger in-Depth Course starts in February. Contact one of these representatives: Carol Cramer John Feroleto , Mike Doran Cheryl Possenti Dana Cowan Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto "Rocky" D'Alusio Opinion February 5,1981 10 Paticia Jayne Lew Rose Tanya Harvey Orest Bendrij Ellen Dickes Erik Lindauer Arthur Scott Carfinkel Jay Marlin Paul Israelson Winston Ellis Doric H. Benesh Therese Rahill Renee Lapides, Francine Bruno Joan Warren Carla Cersten Leslie Wolff Michael Chakansky Rosemary Gallick �Pep Talk Are American Sports Illustrative of Our Society? by Joe Peperone him a sissy. And if a woman must reflect reality, and are usually white, while the we since blacks have few role "out" field is primarily comdefeminize her. The models in law, economics, posed of blacks, much like Super Sunday has come ultimate "compliment" or medicine, black parents blacks are on the outside of and gone. The football game, paid to Olympic Diver Micki are sending their kids where mainstream American socieSuperdome, the the King was "She dives like a they see other successful ty. cheerleaders, $300,000 one- man." And Babe Zaharias, blacks the athletic field. Another study rated half minute commercials perhaps the greatest female But blacks are not "better" players on college basketand the winner of the beer athlete of all time, sports- athletes than whites. Blacks ball teams. When players challenge are all fond writers inferred she was a are socialized to go into were ranked, 47% of the memories. The day the lesbian because she was so sports because large "Number One" players on Super Bowl is played with good. numbers of blacks see it as each team were black, but PT: What means can be an escape. all its fanfare and hype, may only 17% of the "Number ;eem an atypical day for a used to reduce the sex-role PT> Do you feel there is Ten" players on each team sociologist studying stereotyping in sport? racism in sports? were black. The percentages American society, but not to Runfola: Two things can Runfola: In the American should be approximately third-year law student Ross be done now. First, girls sports structure there is a the same. What this serves Runfola. should be encouraged to high degree of racism. to show is that mediocrity is Third year student Ross Runfola, Runfola, 36, is a professor participate in sports. Whites own sports, and a white luxury. Blacks can author of lock: Sports and the Male of Social Science at Physically, girls can comBlacks are laborers. Look make it in sports superior Identity. Medaille College in Buffalo. pete with boys until the age how long it took to finally blacks are only but if you He is also a former of twelve, and if they do, it get a black manager in Maan average black athlete, material or classes missed newspaper reporter who has redounds to the advantage jor League Baseball. Many competing with an average because of practices or road published more than 100 ar- of both. very qualified blacks have white athlete typically trips. If a school refuses to PT; It, seems one barrier to been continually passed the black athlete will be cut sign such a contract, I ticles in a variety of newspapers and magazines, that is the fear of many over for pro football head or retired first. would tell the athlete to go mainly in the area of sports, parents of the "severe" coaching jobs. Again, you PT: In light of the scandal somewhere else. The key to including a piece in the New psychological damage can see sport as a reflection in .college sports regarding a successful sports program York Times which was which will be done to their of American society who recruiting violations, can in a college should not be selected as the best sports son if, for example, a girl works, and who controls. how many wins their major sports be "saved"? news feature published in beats him out for a starting Runfola: there has to be a teams get, but how many PT: Have studies been any American newspaper or position on a little league done to show the types of realization by high school students, both male and magazine in 1975. Most baseball team. racism facing players? athletes and their parents female, participate in recently, Dr. Runfola coRunfola: The point is it Runfola: Yes. In pro foot- that only 2% of all college sports. Title IX will help authored the book Jock: will be healthy for both. The ball, positional analyses football and basketball reach the goal of full parSports and the Male Identity, girls can then explore the have been done. In the so players ever play pro sports, ticipation. which was released last year natural limits of their ability called "intellectual posi- so that an athlete should PT: Are you anti-sports? i by Prentice-Hall, Inc. Far and the boys will learn a tions" quarterback, primarily go to college to Runfola: I'm anti- the way from the average sports sense of equality. This center, middle, linebacker get an education. When you sports are played today. The book, the anthology ex- relates to the second point only 7% of the players are have a winning-is-everything book attempts to show that amines the relationship be- of my solution the rapid black. Among kickers and mentality, that's when you everybody loses, given the tween sports and masulini- implementation of Title IX punters only 1% are black. see schools changing present sports structure. If ty, the American obsession in the college?, which would But in the "instinctive" positranscripts and forcing seyou understand sports, you with winning, and how significantly increase the tions cornerback.and run- cond and third stringers to understand society, and I 62% are black. give up their scholarships. -think reading the book will sports fosters sexism, racism budgets of women's colning bacjc one understand and violence. Recently, I legiate athletic programs. Are blacks biologically There should be a contract help talked to Dr. Runfola about This would give, women the superior to whites in these between a college and an American culture. his book, the ideas behind it, equality of opportunity to positions and vice-versa? athlete it wishes to recruit. *** and American sports in explore their natural No, but you have white That contract should relimits and an The book physical put is entertaining general. coaches telling players quire the college to give him Pep Talk: How did the end to the belief shared by where to play. Many blacks the best possible education. and enjoyable to read. The many college women that who were very good college Too many colleges force articles contained in it cover book come about? Through success, whether intellec- quarterbacks get turned inRunfola: their athletes to take easy or the many facets of sports, non-existent courses so as from participating to specteaching Sport and Society, tually or athletically, is to running backs or cornerloss of not to interfere with practating. It addresses the prowith of sport equated day pro have stressed that backs the first I never gettices or road trips. The same "blems, offers solutions, and mirrors American Society. If femininity. A few years ago, training camp American society is sexist, women at Radcliffe College ting a chance to prove schools will take away a views things in an always sport is sexist, if American were given information on a themselves. When a young player's scholarship, the on- perceptive but sometimes society is racist, sport is hypothetical woman who white quarterback suffers, it ly means he has for staying lighthearted way. It's just as racist, and if American was said to be first in her is said that it takes five in school, if he gets injured valuable for the person society is violent, sport is mcd school class and were years to make a good pro and is unable to compete on uninterested in sports as it is violent. My co-author asked to describe her. quarterback, but if a young the team. The contract to the most rabid fan or teacher sociology in the About 75% said she was black quarterback struggles, should give the athlete the athlete, and I would recomarea of masculine identity. unattractive and hard up for people start whispering that education he desires, in- mend it to anyone who We realized there has never dates. It appears that he's "dumb". The same cluding the opportunity to wants to spend a few hours been an attempt to cor- women are programmed to positional analysis exists in take more difficult courses. away from a casebook. relate the two-sport and be losers. They need equali- baseball. The so called And the college should pro- Copies can be bought vide tutorial help to aid the through the University pitty of opportunity;, the more "thinking" positions masculine identity. women to shortstops cher, catcher, freedom have student-athlete in grasping Bookstore or from Ross. does PT: What the book participate in sports, the attempt to do? Runfola: The book ex- more everyone benefits amines sport as an institu- from sports. PT; One area in which tion that disseminates and reinforces traditional you've written much on is INTERESTED IN SPECIALIZING? stereotypes for males and the area of blacks and females. To give an exam- sports. Could you explain ple, a boy's participation in your theories? Runfola: In a capitalistic sport reinforces traditional ag- society, masculinity is definmale characteristics gression, competition, and ed largely in terms of power. Fellowships Available dominance over women. On Black men today have few the other hand, girls are opportunities to prove their Full-time and Part-time Programs Offered socialized at a young age to "manhood" in the social, Quality Programs of a Fully Accredited Law School be passive, submissive and political, and economic details For contact: Mn. Mary Lcginiit dependent by the games realms of America. Arthur UNIVERSITY OF SAN DlfCO j-. a to black letter they play such as taking Ashe wrote School of Uv» care of dolls. Boys and girls parents which appeared in are continually reminded of the New York Times, telling SanMtfo,CA 92110 vpj^L^ (714) Ml-4SM these roles. If -a little girl is them to send their kids to \ZX replied But, as I we call her the library. good in sports vj.o.am—i ajmmama —aw ton al w.mm. at*. MAm, m, mumm «tt». a tomboy; if a little boy is in a column the next week: wcwify. m tmom n 1WOJb) ■ awa—jt not good in sports, we call Arthur, look around, dreams is good in sports, — — — — — — — — — — '" ' — — — University of &an Diego — LL.M. IN TAXATION LL.M. IN CRIMINAL LAW • • • sasrr — • • • i tin — February 5,1981 Opinion 11 �Book Review Douglas' Character Shines in 'The Court Years' by Peter Bergenstock The Court Years, the autobiography of William O. Douglas, is disappointing in several ways. At times it reads like an uninspired text on constitutional law , when as Douglas traces the twentieth century developments of the First Amendment and the Due Process Clause. Douglas states the theme of his autobiography is the growth of political bankruptcy in America the dissolution of public morals. The book, however, is written in such a disorganized fashion that some of the coherency of this theme is lost. With all its flaws taken into consideration, The Court Years still provides the reader with a valuable illumination of Justice Douglas' character and — his contributions to the marketplace of ideas. Having served with six presidents, Douglas was in a unique position to evaluate changes in American leadership from 1939 to 1975. According to Douglas, no president after FDR was able to meet the demands of the office in terms of ability or integrity. Truman was little more than a local politician, with little understanding of global diplomacy. Douglas writes that too often Truman relied on heavy-handed military intervention, setting a precedent which would have tragic consequences for Lyndon Johnson in Vietnam. Under Eisenhower, the business establishment set upon Washington, looking for favors and exercising a corrupt influence over government. Douglas points to a slow but ideology, but from a concern from the common man. As Douglas puts it, "The status quo only helps the fat cats." Moreover, his ideals were not to be bartered. When Douglas issued the stay of execution in the Rosenbuerg conspiracy case, later vacated by the Court, he found that many of his old friends avoided him, themselves caught up in the hysteria of the day. Douglas writes: "I was dropped from social lists, which do not bother me, as I much preferred to spend winter days looking for wild persimmon trees, or conversing with an old barred steady disintegration of leaderDouglas is candid about ship which reached its nadir presidents and the press in The under Richard Nixon. Court Years, but when writing of the Supreme Court and its Douglas credits the press, as members his tone becomes well as public opinion and an deferential. Indeed, his discusindependent judiciary, with sions of the Court" are little finally "concerning" Nixon. more than a series of anecdotes. We are told that Felix Despite his absolutist position regarding the First AmendFrankfurter loved to indulge in ment, Douglas chides the dramatics on bench and American press for its laziness that Charles Evans Hughes and commercialism. He writes once scared a bear from the that few reporters in porch of his mountain cabin, Washington do their own but we are not given the hard for research most are content criticism Douglas reserves to "live" on government handother branches of government outs, fhe press often fails to and society. Perhaps the live up to its role as greatest fault of The Court information-gatherer and, Years is it fails to give us a therefore, the public suffers. penetrating look at the "The Society of the Dialogue, Supreme Court itself. as espoused by the First Justice Douglas' own Amendment, is increasingly character shines through on difficult to stimulate," writes the pages of The Court Years. Douglas. His liberalism sprang not from — owl." This was the man to whom Lyndon Johnson once said, "Liberty and justice, that's all you.think of." Douglas replied, "You're goddamn right, Mr. President." The Student Bar Association and the - 1981 SBA Commencement Committee Proudly Announce the First Annual- s "100 DAYS TDL GRADUATION PARTY" — [ ' ■■''■ ' *-■■*■■."!. ■-.■■■■. OPEN ONLY TO ALL LAW STUDENTS, FACULTY, STAFF and ADMINISTRATION. Time & Place: Thursday, February 12,1981 9:00 p.m. until closing Rooties Pump Room (Stahl Rd near Campbell Blvd) Admission: Seniors who have purchased or who purchase Senior l.D.'s before February 12 will be admitted upon presentation of their l.D.'s. For all others, admission is $4.00 before February 12 or $5.00 at the door. ADMISSION INCLUDES FREE BEER (10 BARRELS OF IT!), SODA, WINGS AS LONG AS THEY LAST and DRINK SPECIALS. PURCHASE YOUR TICKET OR I.D. at THE LAW LIBRARY BEFORE FEBRUARY 12! 9 ——.^a—M————■—a^>^———Mai *" M —■—— —— I —————II � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-02-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/74b0dfdb19c986b11fc1f787c85fd24e.pdf 5e6fade0597e5b170b36c22b31192d90 PDF Text Text Bar Courses Questioned on Use of Law Facilities by Marc Ganz and recruit other students to be a part of the respective bar Bar-Bri Review and Marino- review "teams". As part of the recruiting Josephson's BRC, the two leading bar review courses at drive, the law review corporaSUNY Buffalo Law School are tions use university facilities. in violation of university rules For example,- in the past and regulations in conducting several weeks Marino BRC has marketing on campus. This, ac- recruited new staff from the cording to university officials first year class by holding is unauthorized and "over- meetings in lounges around looked." O'Brian Hall. Bar-Bri, during The Bar-Bri Law Review, a the week of February 9th, used subsidiary of Harcourt, Brace, the O'Brian first floor hallway. Jovanovich Inc., and Marino- Room 106, the first floor Josephson's 8.R.C., conduct lounge and the Moot Court extensive marketing camRoom. The law review compaigns at the law school. Bar- panies used these rooms Bri employs 30 law students in without paying the university its selling drive, while Marino for the service. In addition, the recruited 20 students to entice Corporations store equipment law students to take the month in the Library for a small fee long preparatory courses for and use the lecture halls durthe New York Bar Examination. ing the actual course-period at These students sit at tables in no cost. According to Al Dahlberg of the first floor of the law school Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 the SUNY-Buffalo Office of Facilities Planning, which authorizes use of campus facilities by off-campus enterprises, "We do not provide space for private corporations to make profit on. This is state property." Dahlberg advised this reporter that the Facilities Planning Office has problems with the Bar Review courses use of campus property in marketing their product. "One would think that at least they would be charged rent for space used." He added, "There's been a general understanding that some of the profits of other groups activities will be used for scholarhsips or other campus activities." He specifically School spokesperson, stated, students. We've, therefore, referred to the "faculty wives "We're not thrilled with having taken a hands off attitude group" in connection with bar review courses on campus. towards this and other offscholarships. At the same time, bar review campus organizations." Wallin cont'd, on page seven Charles Wallin, the Law courses are important to Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion Volume 21, Number 7 State University of New York at Buffalo School of Law February 19, 1981 Professors Hyman and Mann Are Soon to Retire by Bob Siegel The constitutional law department will, -in all probability, lose two of its more distinguished faculty members come next semester, as both Professors Hyman and Mann have reached the age of man- datory retirement specified in the State University of New York guidelines. According to the Policies of the Board of Trustees published by SUNY, the age of 70 is slated as time for mandatory retirement. Whether exceptions can be made is ques- tionable. Professor Hyman graduated from Harvard Law School in 1934 and entered private practice in New York City upon graduation. In 1939, Hyman became an attorney with the United States government. He worked for the Department of editor-in-chief of the lowa Law Labor and the Office of Price Review. Upon graduation, Administration in Washington before joining the law school faculty in 1946, serving as Dean of the law school from 1953 through 1964. His work encompasses the areas of con- stitutional law, torts, arbitration, and state and local government. ■As for future plans, Hyman expressed a desire to work as a labor arbitrator, and to possibly teach on a part-time basis "if there-is a need for me." He is also interested in continued involvement in the State and Local Government program, working with Professors Wade Newhouse and Milton Kaplan. Professor Mann graduated magna cum laude from the State University of lowa College of Law where he served as photo by Lee Berger Professor Jacob Hyman reposes in his office. He has been an instituion at UB Law School. Mann served as law clerk to Justice Wiley B. Rutledge, United States Court of Appeals for the District of Columbia. He later clerked for Justice Harold Burton of the United States Supreme Court. Professor Mann is a member of the United States Supreme Court bar. Before becoming a part of our law school faculty, Mann taught constitutional law at Indiana University and, in addition, served as a visiting professor of law at' Stanford, Chicago, and Yale law schools. Professor Mann has specialized in constitutional law. Within this broad field, his principle areas of concern have been the first amendment and justiciability in constitutional litigation. Professor Mann is not as of yet sure of his future plans. The only definite commitment he sees is to finish an article he is in the process of writing concerning judicial review of the powers of the president. His future plans are, according to Mann, "to make some plans but I haven't made any yet." Professor Mann also expressed an interest in continuing in a teaching capacity at UB Law Schoof, not being sure whether exceptions could be made to the mandatory retirement pro- photo by Frank Boh been Professor Howard Mann has hailed by students for his unique approach to Constitutional Law. teresting institution in which tive atmosphere," said Hyman. people are interested in comProfessor Mann also feels ing to teach and work," said we are moving "into a more Hyman. competitive position." But Both professors are satisfied Mann, while also in favor of inwith the "Buffalo Models" em- terdisciplinary pursuits, felt phasis on the interdisciplinary the best legal education is occuring in subject areas where aspects of the study of law. students can progress in an Professor Hyman felt this area of specialization. Mann created a "good mix" of facul- consequently was of the belief ty. The mix of the social more course sequences coversciences with traditional legal ing a specialty from the inmethology "creates an in- troductory to the advanced tellectual atmosphere which is stage should be employed. increasingly exciting," said Hyman was not totally in Hyman. This excitement, Hyman felt, has enabled us to favor of specialization, and compete with the best law was of the belief most students schools for personnel. Hyman do not really know what they credits this success to the work wish to pursue until graduaof the Appointments Commit- tion. In looking for employvision. Hyman and tee and, in addition, to the ment, "most people have to Both Professors Mann believe thefuture of this reputation of our law school in follow the winds of fortune law school holds great poten- the legal community. People and the happenstances of life," cont'd, on page eight tial; a "very good and in- are hearing about our "distinc- �President's Corner Opinion Vol. 21, No. 7 February 19,1981 Editor-in-Chief Edward M. Sinker Your Cooperation is Sought in Evaluating Dean's Performance Dean Evaluation Committee, Room 523) before February 19. Please indicate if you want to keep your communication anonymous; 2. Informing us of your opinions by visiting us during office hburs listed below. The criteria which the office Managing Editor Bob Siegel News Editor: Feature Editor: Photo Editors: Marc Canz Ralph W. Peters Lee Berger Frank Bolz Jim Kraus Business Manager: Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Steve Cabor, Laurie Gross, Joe Peperone, Mike Rosenthal Contributors: Roseanne Berger, Dana Cowan, Joyce E. Fun- da, Jon Malamud, Jay Marlin, Marty Miller © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those Of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Unceasing Tuition Hikes Unfounded The recent decision by the SUNY Board of Trustees to raise tuition $300 a year is indicative of theirs and New York State's commitment to state supported university and graduate education. SUNY/Buffalo Law School has long been the most expensive state-run law school, in the country. With the decision to raise tuition once again, we will assume clear leadership in the tuition stakes. Other states, far less wealthy and powerful than New York, manage to support excellent law schools on something other than the already stooped backs of law students. We mention, briefly, the tuition costs at the following schools: University of Wisconsin ($1237), University of Michigan ($2008), University of Minnesota ($1500), University of Oregon ($1600), University of California, Berkeley ($836), University of North Carolina ($604). All of the above schools have reputations equal or superior to that of ÜB. New York claims a proud progressive heritage, but when it comes to publicly funded education, this liberal tradition falls on its face. Its predominant tradition lies in sending its sons and daughters to private colleges and academies, to be instilled with the proper elitist notions regarding education. From this "erudite" pool comes our current legislature arid SUNY Board of Trustee* These people's loyalties lie not with the SUNY system, but with their beleaguered alma mater. It should come as no surprise that these people vote for tuition increases. We of the Opinion believe this way of thinking to be wrong, and contrary to the mandate of the people of this state. We demand a reappraisal of this misbegotten policy of unceasing tuition hikes. We ask Albany to reaffirm its commitment to publicly funded education. We believe publicly provided, free or inexpensive education serves to reinforce the democratic ideals upon which this nation was founded. And we are fearful these ill-conceived tuition increases will once again make a university education a luxury of the wealthy. 2 Opinion February 19,1981 by Bill Altreuter of the Vice-President for. Academic Affairs has directed us to consider, and which you should address in this evaluation process are: A. Academic Leadership 2. Ability to represent the needs, concerns and interests of the Faculty or School to the central administration, to the University as a whole, and to the external community. 3. Ability to work effectively within an all-University context for the general purposes and goals of the University. C. Personal 1. Integrity, openness, effectiveness in dealing with colleagues, students, and other interested persons. 2. Accessibility. 3. Ability to deal with and mediate conflicts. 4. Skill in catalyzing the development of the constituent units of the Faculty or 1. Contributions to the improvement of the instructional pointed as student represen- and research programs. 2. Evidence of leadership in tatives to a University committee conducting a review of academic planning and Tom Headrick's performance development within the FaculSchool. ty or School. as Dean of the Law School. 5. Evidence .of continued B. Executive and OrganizaWe hope that you will pardevelopment and professional tion ticipate actively in this evaluation process by: 1. Ability to organize and contributions. 6. Evidence of community 1. Submitting written manage the office of the Proresponses (addressed to Provost/Dean effectively and effi- service and contributions. Thank you. fessor Ken Joyce, Chairperson, ciently. Dana Dowan, Caitlin McCor- mich and myself have been ap- Critics of Placement Newsletter Ignore First Amendment Rights To the Editor: because some disagree with the particular political stance of those, soliciting applicants. Rather, all legal employers should continue to exercise the right to advertise and solicit those in agreement with their position, whatever that position may be. (We doubt that We would like to take issue with the letter in the February sth Opinion assailing November's Placement newsletter. The writers were "outraged" by the listing of a summer position with the Americans United for Life. the Placement newsletter Instead of launching into a would become an.ideological discussion of the merits of battleground.) their position, we would rather As John Stuart wrote in On support the rights of both the Liberty, "though the silenced pro and anti-abortion groups opinion be in error, it may, and ■to express their views in a very commonly does, contain public forum. Freedom of a portion of the truth; and speech is one of the corsince the general or prevailing nerstones of the First Amendopinion on any subject is rarely ment. It is a lugubrious day in- or never the whole truth, it is deed when those espousing only by the collision ofadverse free choice would deny others opinions that the remainder of their freedom of expression. the thruth has any chance of The offerings of the Placement being supplied." Justice Office should not be censored Holmes, a later day supporter of the value of free discussion, put forth the view that "the ultimate good desired is better reached by free trade in ideas that the best test of truth is the power of the thought to get itself accepted in the competition of the market." Abrams v. U.S., 250 US 616 (1919) (dissen- — ting). Although all ofv us do not necessarily support' the antiabortion position of Americans United for Life, we all eschew any attempt to shackle liberties .our country's founders fought for. Their lives were at stake and so are ours today. We are shocked that such Pharisaism would be flaunted at a law school. Jeff Taylor Rossella Brevetti Pam Anderson Says He is Offended by Letter To the Editor: This letter is in response to the group of "concerned students" who wrote "in outrage" regarding a placement listing on behalf of Americans United for Life (AUL), an anti-abortion group. Surely the students do not expect the placement office to assume a particular posture on abortion and deny an organization the opportunity to seek legal talent? Should Alan Carrel decide which political positions merit legal representation? I was also offended by the evidence of this insidious, underground plot? The students then affiliate the AUL, again without substantiation, to the John Birch Society, the Conservative Party, and the Young Americans for Freedom. The "concerned students" hint that the group's anti-abortion campaign is merely a respite from normal "militarist, racist and antilabor'" activities. It so happens, however, that there are many people, such as myself, who fully support women's rights, advocate homosexual rights, protest racism and militarism, and are in favor of any and all rights which allow persons to achieve their individuality and human dignity. Above all we champion the ultimate right: the right of person to his or her life. letter because the students advanced the notion that an antiabortion stance is somehow interconnected with hateful intolerance: "AUL, we suspect, is part of a small, well-organized and well-financed sector in the country which has stepped up their attack on women's right I will not attempt to change to choose." Is "there,no other anyone else's point of view. Just try to understand ours. We believe that every individual genetic code should be protected. Each conception is a unique, never to be replicated event; the resultant entity is as much of an individual then, as when he or she is two cells, four cells, or a billion cells. Any views we might have had in the past, such as "quicken- ing" (fetus movement) indicating life, are clearly erroneous in light of modern genetic science. The significant event, the beginning of an individual, happened at conception. Adopting this perspective, perhaps one can appreciate why we consider abortion to be so unfair. My views on abortion are the only ones my common sense will permit me to hold. I resent being stereotyped, or associated with any group, because of my views. Thomas A. Catalano �Marlin Offers Report on Various Financial Programs by Jay Marlin where all students are united, If the SBA cannot take the With six weeks to go until energy and enthusiasm that April 1 and the adoption of the people have for this issue and budget by the Legislature, translate it into meaningful acthere is still time to.,convince tion, they are truly impotent. the New York State Legislature If the SBA can organize the to restore the SUSTA program. student body on this issue, But to convince the then it will be in a much better Legislature to restore SUSTA position in representing the will take a lot of work from students with the law school the law school administration administration on other issues. and from those most affected In several short years, the the study body. SBA has changed from a fairly In 1979-1980, 226 students effective, well-run organizawithin the Law School received tion with a lot of enthusiasm to the maximum TAP award and an organization that is literally therefore automatically re- foundering' This issue can turn ceived SUSTA. Each student things around, and yield who received SUSTA had benefits beyond the restora$600/semester credited tion of SUSTA. towards.their tuition bill, in addition to the $300/semester *** TAP award. That's $1200/year In response to several inquiries, everyone is reminded in-financial assistance. Therefore, there should be that the elimination of SUSTA at least several hundred does not take place until next students who would be willing fall. Spring SUSTA still reto spend the time to write let- mains. While a final figure will ters to their legislators, parnot be available before March, ticipate in any planned trips to it is expected that Spring Albany, and voice their con- SUSTA will amount to approxcerns to the Assembly and the imately $600. Senate. *** Mobilizing this student Regarding National Direct energy is the responsibility of the Student Bar Association. Student Loan checks for Spring Now is the hour when the SBA 1981, the Office of Student Accan once again become an ef- counts reports that all NDSL fective and credible organizachecks for letters A-P are now available. The checks for lettion within the Law School. The SBA has an excellent op- ters Q-Z are soon to arrive. The portunity to provide real distribution of spring NDSL leadership within the Law checks is way ahead of last School community. This is a year until two weeks ago when ready-made issue. rAn Issue the checks stopped arriving — — from Albany. All students who were delayed by Albany. Of have not received their Na- that $5500, $4800 has been tional Direct Student Loan reimbursed and we-are confichecks by February 15 are dent of collecting the remaineligible to apply for a Law ing $700. The program has School Emergency Laon. worked well in providing shortterm emergency relief to ■ students who have had their *** loan checks delayed through Progress report on the Law no fault of-their, own. School Emergency Loan ProOnly one change is being gram At this point, during considered for the program. Inits first experimental year, the stead of being given the loan Law School Emergency Loan interest free for the first 70 Program is working very well. days with a 3% interest charge During the Fall of 1980, out of being assessed for anytime a capital budget of $6000, past 30 days, there will be a $5500 was loaned to 28 $5.25 loan processing fee. students whose loan checks Since all check-handling is operated out of Sub-Board, there are operating costs in running the program. If the $6000 capital account ($3OOO each contributed from the SBA and the Dean) is to remain intact, there has to be a processing fee. Operating costs have reduced the capital account by $140 already for Fall 1980. — ** * — Final note You cannot apply for TAP for next year until the end of April and you cannot apply for a New York State Higher Education Loan for next year until May 1. Ganz Proposes SUSTA Fight by Marc Ganz Governor Carey has proposed that the SUSTA financial aid program be eliminated. Over 200 law students- are affected by his decision. It is now time to organize a strategy to fight the Governor and actually increase the allocation to offset the anticipated tuition hike. In this gubernatorial stratego game, the students, administration and alumni must combine resources to fight for the law school's betterment. ■ Each student should send letters to his or her representatives in the Assembly arid State Senate by March 1. The earlier the letters get sent out, the more time the New York State Legislaure has to digest the law school's wants and desires. The most important people to write to, in addition to your own representative, are the legislative leaders. In the Assembly, Speaker Stanley Fink (D., Brooklyn), Ways and Means Committee Chairman Arthur Kremer(D., Long Beach) and High Education Committee Chairman Mark Siegel (D., Manhattan) are the people who will decide whether the SUSTA funds will be restored or whether the Governor will prevent law students from affording first rate legal education. In the New York State Senate, the most important people are Majority Leader (R., Warren Anderson Binghamton), Finance Committee Chairman John Marchi (R., Staten Island) and Higher Education Chairman Kenneth LaValle(R., Huntington). In the past, the Senate has played a background role while the Assembly shouted on behalf of the SUNY students. A little more pressure is needed on this side of the legislative building. It doesn't matter how little you think your letter will help. We know how hard you wetk in law school! If you feel that an hour's effort is not worth $2,000 then forget about the whole deal. But if you feel that your financial aid is important, then a letter or phone call will help. Irving Younger gives a free Introductory Lecture on the CPLR. February 19,1981 4:30-6:30 Moot Court Room STAN CHESS, Director of BAR/BRI * " Will Discuss 'NY B&r Exam the —>> 1 TODAY February 19 Room 106, 3:15 p.m. FREE Pizza, Coke & Beer DISCOUNT DEADLINE WED. MARCH 4 Save $25 Summer '81 Exam $470 plus refundable book deposit. First & Second Year Students: Save $150 '82 and '83 Exams \ $425 plus refundable book deposit. See one of the BARBRI Representatives: Seniors CarlaCersten Leslie Wolff Michael Chakansky Rtfsemary Callick Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto . Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes - Paula Feroleto Aldric Reid "Rocky D'Aloisfd Patricia Jayne ,. , DorieH Bene h; Therese RahilJ Renee Lapides Francine Bruno Joan Warren ErikLindauer Arthur Scott Carfinkel Jay Marlin Paul Israe son Winston Ellis^ February 19, 1981 Opinion 3 �BALSA Fields Frederick Douglas Moot Court Team Buffalo residents with not be a new idea, but how landlord-tenant problems. This many people really would At this point in time, is essentially an in-take pro- want to get involved in such a delayed as it may be, BALSA gram implemented under the program? would like to extend to all auspices of an attorney. A proThe BALSA, in conjunction warm wishes for a successful gram of this type will serve as a with the Coalition of Minority New Year. Having done so, link between the law school Craduate and Professional Students, will be sponsoring a now to the heart of the matter. and the community. At the outset it should be \ The program indicates to the Career Day designed to pronoted the BALSA is par- community we have not vide guidance for students ticipating in the Frederick forgotten about them. By propresently enrolled in primary Douglas Moot Court Regional viding such a service the and secondary education. This competition due to fhe untir- BALSA is establishing a supwill be done as an attempt to ing eforts of Percy Randall port base within the communi- give these students some direcThis is an opportunity for ty, which is viewed as one of tion as to the various career BALSA members to apply the the basic type programs any opportunities. Another purlegal reasoning, analysis and organization at this level pose of this program is to give persuasive methods they have should establish. learned since attending this The BALSA also has in law school. In addition, gives the Buffalo chapter of the operation at Prison Outreach by Dana Cowan BALSA regional exposure as an active and integral unit in the Northeastern Region because the BALSA will, be competing with other chapters in the Northeastern Region. Also, thanks and appreciation are expressed for the assistance of Dean Canfield. Lastly, all should be aware that an activity of this sort will enhance the reputation of the law school in terms of the quality of law students and education. There is always the possibility this chapter could win the competition and bring the gold to Buffalo. •As'for what the BALSA is doing in the community, we would like to note the relentless efforts of Leander Hardaway who has established a satellite office in People United to Save Humanity (PUSH). The BALSA, within the PUSH organization, will help Program which attempts to bridge the gap between the convicted felon and the outside world. This is an attempt to express to them someone out here cares. The energy supplied for this operation comes from Sheryl Robertson, Karen Powell and Otis Arrington. Students go to prisons (e.g. Attica) and sponsor workshops designed to meet the needs of the inmates. These efforts may be seen as both a reform and a new socialization process to get these people thinking about the return to the outside the BALSA members the opportunity to serve as role models and reinforce to these students that they can succeed if they want to. The significance, in these days and times, of such a program need not be expanded upon. The concerns of the BALSA in 1981 *are, among other things, the hiring of a minority faculty person and/or administrator, the continuance of the commitment on the part of is to be had. Lastly, it should be noted in these times to come, whoever' you are, whatever you are, we as citizens of this great nation must come together to aid one another in the day-to-day strugthe law school to admit gle or else we are not truly livminorities into the law school ing up to our obligations as at a representative rate and the American citizens. Prof Katz' Photo Exhibit Reveals the Sensitive Yet Sensual Eye by Edward M. Sinker Lindgren, and John Schlegel. As Katz calmly greeted his guests in the high ceilinged old icehouse, others enjoyed the appetizing buffet and cold wine or beer. The exhibit runs until March 1 from 1 to 4:30 p.m. Wednes- day through Sunday and from 7:30 to 10 p.m. on Thursdays and Fridays. Consult the February 5 Opinion, page eight for a map to the gallery. February 6 marked opening night for Professor Al Katz' photographic exhibit at The Artists Gallery. "Mostly Women" The exhibit reveals yet another facet of UB Law represents a decade of School's enigmatic Al Katz. photographic work commencing with 1970. Katz portrays the female as both sexy and serious, a combination heretofore atypical of societal impressions. What Katz does to an ordinary pie, in a photograph captioned world. i The members involved in "Schlegel's Pie," has to be experienced. The exhibit clearly this program have also attempsensual, yet ted to plug into the Criminal demonstrates the eye sensitive, of the artist. by Justice System by aiding atMany Section 111 students attorneys in the arraignment process. This is seen as one of the tended the opening along with more progressive programs the such law school notables as BALSA is sponsoring. This may Professors Jacob Hyman, Janet Professor Al Katz welcomes visitorsto his recent opening at the Artists Gallery. Boh Frank photo On Target Again! BRC students had no cause for concern on four of the six essay questions on the July 1980 New York Bar Exam, because Joe Marino, Sr., a virtual legend in New York bar review (with over 35 years of experience) thoroughly analyzed the issues that appeared on those questions during the bar review lectures. BRC's amazing ability to "predict" many bar exam issues is only one of the critical differences that give our students a competitive edge on the exam. Ask a BRC representative for others. ■ brc reps Debbie Decker jaV Mintzer Ed Northwood Elyse Lubin JoyKindrick Vincent Phillips Dean tmmanuelli Larry Friedman Tanina Liamari Mke Athans _ Eastern Regional Office: ei.~„, 17th Floor 71 Broadway, <-»»i« New York,• New York 10006 , 212-344-6180 V V mmnnm 1i J / Andrew Cataldo Julie Rosenb |um La"v En gei Greg Miller Wendy Fechter Mark Ventrome Matt Modica Alan Solarz Glenn Frank Judy Holender «lUin»— Marino- Josephson/BRC 4 restructuring of the legal •methods program. These concerns are self-explanatory and need no great elaboration except to say they are both valid and crucial if a successful and pleasant stay at the law school Opinion. Febmary 19, 1981 . •" �New Human Rights Clinic Proving Successful by |on Malamud The Human Rights clinic is thought to be the only one of its type in the United States. The clinic is part of the traditional clinic program that is run in this school and was instituted last fall as an opportunity for students to gain practical experience in this growing field of international law. Five students participated in the clinic last semester and five other students are participating this semester. The clinic is involved primarily with projects and/or issues that are referred to it by various human rights groups throughout the country. Prominent orgnaizations that either supply information to the clinic or work with the students are Amnesty Interna- is to oversee and direct, to some extent, the projects that the students are involved with.. Ultimately, however, students are left to independently work with organizations or persons who are related to the specific subject-matfer of the project. The types of projects that students will be working on from range preparing documentation of human rights violations in certain countries to the preparation of codes of behavior for the treatment of prisoners. Students felt the clinic offered them insights into ongoing problems they had never encountered before. Clinic students are required to also enroll in Professor Leary's seminar on International Protection of Human Rights. This requirement tional, "the International reflects the clinic's commitHuman Rights Legal Croup, in ment to combine the intellecWashington and the New York tual with the practical aspects Lawyers Committee for Inter- of a subject area. Last semester students from the national Human Rights. The Clinic instructor, Kathy clinic were enrolled in the Rimar, is a May, 1980 graduate seminar with non-clinic of the law school and is students. Professor Leary felt presently a part-time instruc- that the situation was very tor Ms. Rimar's responsibility helpful for both types of students. The non-clinic student was given the opportunity to see the practical results'of the subject-matter. For the clinic student, the seminar provided an arena where the general enthusiasm provided incentive for the students. This semester, only clinic students are in the seminar as Professor wishes to decide which is will be increased next year, a better approach for the corresponding with Rimar's management of the seminar. promotion to full-time. And as For the coming year, both to whether or not there will be Rimar and Leary are confident projects available to work on, that the clinic will grow and it is the unfortunate truth that play an important part in the violations of human rights are protection of human rights. an ongoing affairand the clinic The number of students who will not have to fear for lack of will be able to take the clinic activity. Leary NY Bar Association to Respond to a Comprehensive FTC 'Quiz' The New York State Bar Association will be among the first in the United States to respond to a comprehensive questionnaire from the Federal Trade Commission on consumers' access to legal services, according to Alexander D. Forger of New York City, Association president. indicate a belief that the FTC The Appellate Divsion of the has, or should have, the power Supreme Court is responsible to regulate the practice of law. for disciplining lawyers and in- "If equal justice is to be a reality, unencumbered access to legal services must be available to all persons, irrespective of their financial circumstances," Forger continued. the Among areas probed in "The New York State Bar the FTC questionnaire are Association believes it is imalternative methods of deliver- portant to cooperate with the ing legal services, such as federal government in collecgroup and prepaid plans and ting information concerning clinics; policies on lawyer the delivery of such services. advertising; ethics; investiga- While our Association has long tion of grievances; and sought to improve the efficienunauthorized practices of law. cy and quality of service, we Forger noted that 230 hours of are certain that we can profit state bar staff time were re- from the experience of others quired to complete the quesand thus believe the collation tionnaire. of this information from around the nation will be "Response to the questionproduce methane gas as an alternate source of energy. The naire is voluntary," Forger said, useful to the profession and Sea Grant Law Program under- "and in the opinion of the will unquestionably be to thetommunity at took the examination of the State Bar's Executive Commit- beneficial large." legal implications of an ap- tee, the FTC lacks jurisdiction He pointed out that the propriate entity (government v. to compel the Association to private) establishing test kelp respond. Our willingness to NYSBA does not regulate the farms in the Long Island cooperate, therefoferdoes rk>t legal profession" in the state. Sound. The research attempted to reconcile the concerns of various governmental agencies with the concerns of. outsiders, e.g. boaters. Norma Wedlake, Executive shown, with a following group Current projects include the Director of the New York State discussion, sometime in late consideration of long-range Temporary Commission to March or early April. Quesperspectives of kelp farming in Revise the Social Services Law, tions regarding future film international waters op a large will speak here February 19 at presentations may be directed scale and involvement in one. The topic of her talk is: to Shelly Reback (mailbox no. federal litigation in which "Women in the Welfare 771). In addition to the comRhode Island is seeking to ex- System". It will be followed by mittees organizing films and tend its mainland borders fo in- a question and answer session speakers, the Women Law clude an island off the Long and a reception. The Women Students' Association has a Island Sound. This case will be Law Students' Association is committee concerned with heard by the U.S. Supreme sponsoring Ms. Wedlake's ap- establishing ties with the comCourt. pearance as well as other munity and alumni. Rosemary Sea Grant scholars' par- future speakers and films. Jane Bis (mailbox no. 291) can ticipate in the program from Markle (mailbox no. 725) will answer any questions about provide further information on upcoming events in this area. January to December, parttime during the semesters and upcoming speakers. Registration packets for the The movies Killing Me Softly full-time during the summer. be will Rape and. Culture National Conference on from Applications are sought Five Students Get Sea Grant Awards by Joyce E. Funda Five second-year students are the recipients of the 1981 Sea Grant Law Program scholarships. Kevin Brown, Michael Crosby, David Eagan, Judd Ryan and Karen Stifter will receive a $6,250 stipend as well as the opportunity to apply for a tuition waiver. Accor- ding to co-director Professor Milton Kaplan, the students were selected on a competitive basis using criteria "not unlike the Law Review;" which includes intellectual capability assessed in terms of grades and individual evaluations and "demonstrated productivity" based on writing samples. The New York Sea Grant Institute, an agency created by the State University in collaboration with Cornell University, administers federal funds to the Sea Grant Law Program here at U.B. Professors Robert Reis and Milton Kaplan, as codirectors of the program, supervise the research projects undertaken by the students second-year students in and also maintain editorial November or December of responsiblity for these pro- each year. jects. •» According to Professor Reis, The projects involve issues whose enthusiasm for the proof contemporary significance gram seems boundless, the Sea waters. The related to coastal UB enemphasis is on applied Grant Law Program at joys a "super" national reputaresponit is the research and numerous resibility of these students to tion, receiving from all for research quests publicaan for produce article country. Citing stuover the tion in the annual New York dent apathy as an explanation, Sea Grant Law & Policy Jour- he acknowledged that within nal, which has a diverse authe walls of the law school, litdience including lawyers, is about the protle engineers and conserva- gram. known of projects tionists. The range Reis calls the program "exis impressive as is the potential impact of the research. For ex- citing." His enthusiasm is inample, scientific research pro- fectious. Upon hearing him, duced the possibility ofthe use few would go away unpersuadof kelp, a form of seaweed, to ed. vestigating grievances against attorneys. "Consequently, many of the questions in the FTC inquiry do not pertain to the work of the Association," Forger said. "The FTC is investigating whether bar association activities or regulations in any way restrict consumer access to legal services. Our Association has, in fact, made exemplary efforts to promote the availability of legal services to all members of the public, irrespective of their financial resources. Moreover, we are . constantly striving to improve the quality of legal services and reduce their cost," Forger Mid As examples, Forger cited the Association's plans to establish a statewide lawyer referral system this spring, its support of group and prepaid legal services plans, and its extensive confining legal education programs. OWLS Offer Upcoming Events • Women and the Law being held in Boston April 3-5 are available in the Associations' office, room 10. Anyone interested please stop by the office for information and the forms. The next general meeting will be a potluck supper Sunday, February 8, 5-7 p.m. in the fourth floor lounge. Please sign up on the sheet posted outside the lounge or stop in the office. Office hours are Monday through Friday 10 am to 3 p.m. The office always welcomes interested students who drop in with questions or to talk. Small Claims Is Raised to $1500 by Marc Ganz The New York State Legislature has raised the maximum limit allowed for a person to sue in New York State's Small Claims Courts. During the special session ordered by Governor last Carey November, the Legislature raised the limit from $1000 to $1500. According to a Senate aide. Chapter 902 of. tjpe.laws of 1980, introduced In ihe New sYork State. Assembly by, Assemblyman Marchiselli and Finneran, and in the New York State Senate by Senator Goodhue, is in line with the inflation cycle. There is increasing pressure by consumer groups to raise the limit even higher. Various Albany lobbyists are insisting that a $4000 limit would not impair the present system or lead to ill informed decision making. Meanwhile, corporation lobbyists are introducing legislation designed to let corpora tions -sue in small claims courts..-The" lobbyists contend that small businesses are often left in "legal limbo" because they cannot afford the high legal costs associated with New York Supreme Court >» jurisdictional decisions. This legislation is being opposed by the same consumer lobbyists that are pushing for a higher maximum ceiling for the small claims courts. These groups include the New York State Con-sumer Protection Board (CPU) and the New York Public Interest Research Group (NYPIRG). - The clash between the two groups will undoubtedly lead" to a stalemate. February 19,1981 Opinion 5 �. Before The Character Committee — A Scenario by Bob Siegel rules you cap pick up your ball Comand bat and go home Your eyes opened to the prende? greyness of a December mornApplicant: Si. Committee: (in a low whisper ing. Though every bone in your body ached, your mind raced barely audible on the tape, "I with anticipation. Jumping out think we may be dealing with of bed, you ran down to the some Commie Pinko here corner and purchased the last better give Edgar J. a ring") copy the newsstand had. Scan- Now, to repeat the prior quesning the list provided by the tion. Have you done anything New York Times you see your in your prior 26 years? name, middle initial and all. It Applicant: Maybe. Committee: Mr. Ego, there can't be a mistake. You've passed! YOU'VE PASSED THE are no "maybes" here. Obviously you've done something BAR EXAM!!! what did you do? You, however, have not yet Applicant: Well. it. .it reached smooth sailing. The bar exam is merely the first happened a long time ago. obstacle avoided along the torCommittee: Within the last turous path to practice. Many 26 years? Applicant: Yes. a fledgling advocate's joy is deflated when the inevitable Committee: Well then what evolves into reality: the con- on earth are you waiting for, frontation with the Ethics Com- the evening train!? Spit it out, mittee! Determined to find man! Applicant: You see In not more ghosts and skeletons than ever seen on Halloween, exactly sure how much this exacting scrutinization begins. will jeopardize my A recorded transcript of ah chances... Ya ethical proceeding is provided see... well. when I was nine below to give you an idea of I got made at my parents and chopped them up with an axe. what to expect: Committee: Why? Applicant: Well, they asked Committee: What is you me to go to church and I didn't name? want to go. Applicant: Joe Ego, sir. Committee: Do you know Committee: And so you performed this hachet job without why-you're here? Applicant: No exactly. further provocation? Applicant: They demanded I Committee: Do you know go, started ,yelljng i and then the purpose-of this review? Applicant: Not really. they pulled the sheet off my Committee: The purpose of bed. Committee:*So then it was this review is to prick you and cut you 'till you bleed, to scare self-defense? Your parents atyou, to harass you, and to trick tacked you and you retaliated you. The "means" used aren't in the only way one so young only the and impressionable knows of consequence result counts. The object is to how. Applicant: I did? air and rehash ail the dirty Committee: Of course you laundry of your life. And at the outset let me tell you that if did. Let us get something you did it we either know straight right here and now. We about it or will find out about are concerned here with ethics. it so it's in your best interests To examine your ethics, we to come clean at the begin- must examine your mental ning. Now, let us being. How state your mens rea your old are you, Mr. Ego. reasons for acting. ExaminaApplicant: I'm 26 years old. tion of your mental processes Committee: And in the last will provide us with insight as 26 years have you done to how you will function as an anything that you were asham- attorney: how you will repreed of, that was illegal, that was sent your client, your bar immoral, or that was fattening, association, and your profesor anything else that you think sion. There is nothing ethically in any way would be of interest wrong about killing. to us at this proceeding? Applicant: Really? Committee: What we want Applicant: Excuse me, sir, but isn't this question overly- to know is how your prior conbroad and somehow an duct will affect your future acabridgement of my fourteenth tions. .So what else do you amendment right of Due Pro- want to tell us about your life. cess? Applicant Weil... I bombed Committee: Mr. Ego. As to a legal clinic a little while ago your substantive knowledge, it because they were taking was supposedly tested on the business away from a promibar exam and is irrelevant at nent attorney friend of mine; this proceeding. As to any as a matter of fact, he was the rights you think you may attorney who got me off on the when you deal with murder rap. the Bar Association you forfeit Committee: That's good to loyalty is a very imthem all. We are solely after know the truth here, no matter how portant quality. Finks should scuzzy it may be, and this be strung up by their (expletive righteous goal exonerates us deleted). I'm surex you've from any suffering and seen Serpico. Tell us more. Applicant: And I'm totally humiliation we may cause. How could you have sat opposed to legal advertising through three years of legal and legal clinics.. I mean, imlectures without realizing that agine, if this keeps up we may the "ends" always justify the end up with socialized legal "means"??? WE ARE THE services, and. ETHICS COMMITTEE!!! Committee: Yes... yes, go And if you don't like the 0n... — . . _ . — • . — — — ' . — . Opinion February 6 1981 .. . Applicant: And pardon me for saying so, but I think theoretical ethic courses should be banned from the law school curriculum. They're a total waste of time everyone knows the ethics taught in school and the ethics of the legal practice are worlds apart. In our adversary system the client must come first. This fiction of the attorney having a dual role as an "officer of the Court" must be ended. I mean, it shouldn't matter what dirt you know about your client your job is to be his advocate, his mouthpiece, his friend. The only ethical consideration should be whether your client can afford to pay for your serApplicant: Well. Wall vices. You know, it's obviously unethical to defend someone Street is my first choice. I'd for free. I mean, what about like to stay as far away from the American way! and. reality as possible. Some peoCommittee: You probably ple say that law-in-action is imown an American car built portant, but I don't but that for with American steel that you a minute. If I can keep my nose bought with the allowances buried in research stacks for a you saved. couple of years, or anywhere Applicant: Fifty cents a else the senior partner wants, week does add up when you inI'll have a good chance of vest in the oil corporations! becoming a partner without Committee: One more ques- ever having to deal with the tion, son. What are your career riff-raff and down:and-outs who come to us for help. plans? — — . . ~ . and. . — Committee: Stop son you've said enuf. I like your style and you've passed review with flying colors. I just wish all attorneys practicing today were as ethical as you. You'll be an asset to. the profession. Thanks for your time.'" (Again, in a barely audible transmission, "I think Justice Rehnquist has a clerkship let's recomopening up mend him"!!) — Pep Talk Peperone's Puckish Predictions by Joe Peperone With football finally finished with its longest season, Buffalo fans are finally getting interested in the Sabres. The great Buffalo Bills season, coupled with the ridiculous NHL playoff system, which renders the regular season almost meaningless, have caused many fans, including myself, to ignore hockey until now. Unfortunately, for a while, it looked as though the Sabres felt the same way. The team struggled through October; and in December and January accumulated an amazing eight knee problems most of the season. Even without including Perreault and Martin, the rest of the team has accumulatedmore missed games this season the roster. Of course, some of these players- will: return to Rochester or their junior teams than the whole team.fli«Li4ast-H*wh«n Perreault and Martin season. return to actibn, but others Since December 31, the have won their way onto the Sabres have only lost one Sabres and will stay. One thing Bowman is commitgame of their last eighteen. fs clear What can their success be at- ted to youth for the Sabres' tributed to? Some observers future. Since a crew of exbelieve it is the resurgence'of cellent players, who are provAndre Savard, who is having ing the strength of the Sabres' the best season of his career. scouting system by conOthers point to the goal pro- tributing both goals and enduction of the defensemen, thusiasm to the Sabres' 1981 especially John Van Boxmeer. success. As for the rest of the NHL, it I believe, however, the answer is youth. Slowly, but surely, the would have to be said that the Sabres are changing the face' St. Louis Blues have been the of a hockey team which has major surprise of the season. undergone few personnel Counted out of the playoffs entirely by some pre-season prochanges in the last six years. In the last year and a half, gnosticators, the Blues are the Sabres have traded or challenging for the top spot in released players like Rene the league. The major reason Robert, Jerry Korab, and Rick for this reversal has been the Dudley, all who were keys to play of second year goaltender their success in the 1975 Mike Luit. Luit has singleStanley Cup finals.and over the handedly won games for the last five years. General Blues with his acrobatic saves Manager Scotty Bowman has and inspiring play. The fact brought in youth, and the that St. Louis knows they are Sabres are now at a point strong in goal has enabled the where more than half the wingers to concentrate on players on their game roster scoring, rather than defense, were not in professional and Wayne Babish is one who hockey three years ago. responded with 41 goals to ties in ten games. The ties were extremely frustrating to the fans, as most came in home games against weak opposition, and much complaining was heard from the 100,000 or so hockey experts residing in the Buffalo area. But now in February, the ties have stopped, and the winning has begun. The Sabres are now threatening the New York Islanders and the St. Louis Blues for the number one spot in the league standings, and are leading the league in the Vezina trophy race. Perhaps the most pleasant surprise about the team's recent success is it has occurred Players like Alan Haworth, all-time Gilles Hamel, and Olympic while the number one and number two star Mike Ramsey have replacscorers have been out of the ed the veterans, stuck with the lineup with injuries. team, and become key perGil Perreault and Rick Mar- formers. When Hame) and tin have lost a total of fifty Haworth were both injured a games due to injuries. Per- few weeks ago, Bowman reachreault was tripped while on a ed down to the Sabres' farm breakaway and. crashed into a team in Rochester and the. goalpost in a game against team's, drafted underage Washington, cracking three juniors and called up J.F. ribs. Martin has suffered from Sauve, Rob McClanahan, Steve . Patrick, arid Mike MolJer to fill — ' date. Another pleasant surprise has been the consistency of Los Angeles. Always a fast staring team, the Kings have kept up their winning pace all season, keeping a good Mon- treal team confined to second The Kings can thank their "Triple Crown" line of Dionne, Simmer and Taylor for holding off Montreal, and the rest of the league! place. �100 Days by Andrew Thaler and Lee Berger Rooties Pump Room, always known for its fine chicken wings and ice cold beer is now also known for its wild parties. The 100 days to graduation party Thursday night was a great success. The evening began with free chicken wings a la Rooties. In addition to the chicken wings there was an unlimited supply of beer throughout the night, which certainly aided putting people into the party spirit. The crowd started to arrive on the scene at about 9 pm, and the last did not leave until close to 4 am. the Although party celebrated the 100 days til this year's seniors graduate, that did not stop first year students frqm celebrating the 830 days til their sentence is up, and we all know there will be no parole. The dance floor was calm early in the evening, but was hopping by the time the Dean arrived. The Dean shocked everybody by crashing the party dressed "in fee tail." Professors Joyce and Delcotto showed they are as capable on the dance floor as they are in the classroom. Some people entertained themselves t on foosball, while others plucked quarters in the video games. Many just enjoyed socializing and simply having "good clean Botz Frank and Berger m. Lee by phot s fun." Overall, the party was a welcome alternative to the fast pace of the law school semester. Jessup Competition Commences by R.W. Peters This year's Jessup Moot Court team is comprised of five members. They are: Nancy Bridges, Caitlin McCormick, Boris Palant, Ralph W. Peters, and Robert Schultz. The Jessup Competition will be held at the University of Pittsburgh this year, with the first orals beginning February 28. The Jessup is an interna- tional law moot court competi- tinental shelf area. Extensive tion. It is named after the legal research was done by the noted international jurist of that name, and is conducted yearly. The competitions are sponsored and hosted by participating law school international law societies. The subject of this year's problem is delimitation of offshore boundaries and the consequent apportionment of con- team over the winter break so as to meet the mailing deadline. The team will be conducting practice orals in the later part of February, and would ap predate volunteers to serve'as judges. Those interested should contact Ralph Peters or Cheryl Oseekey by leaving a message in O'Brian Room 604. Gastronome Is Captivated By Kenmore Cuisine by Roseanne Berger After a long, hectic day, a well prepared meal in a pleasant restaurant can be a rejuvinating and nourishing experience. The Hourglass Restaurant on Kenmore Avenue is an excellent place for such a meal. The atmosphere is not reminiscent of a Turgeon Brother's authentic reproduction or a decorator's avantegarde high tech creation. The restaurant is simply a comfortable room with white clothed tables, subdued lighting and carpeting to minimize noise and facilitate conversation. On first glance, the clientele may appear as conservative as the decor. Customers have been patronzing Terry Bechakas' restaurant for approximately thirty-five years. This is a tribute to the culinary art of Jim Friejey, Willie Singleton, and Carol Fenton who are the chefs. Bar Review Utilizes UB Facilities cont'd, from page one added, "If the SBA wanted to control this (the bar review), they may." The BRC is now taken by 14,000 students in 14 states each year, with sales of more than $4 million in 1980. BARBRI reports that it has more than 16,000 students in 35 states and that the year's sales are expected to total more than $10 million. review courses increased pressures on already burdened students. Josephson said, "I think they're absolutely right; I think it's outrageous and unprofessional." But, he added, "I have found we needed it to survive if your competitor is doing it. I would love nothing better than for the law schools to say, 'Look, clean up your act, .don't advertise on campus, sell to seniors only in your senior year, and leave the In a recent New York Times students alone." Stan Chess of BAR-BRI article, Michael Josephson of BRC was asked about charges disagrees. "Both Michael that the promotion of bar Josephson and myself come to the law school, we talk one on one with the student, we ex- Dinner usually begins with vegetable; the latter oftencomplimentary h'ors d'ouvre times with a Greek flare. such as mussels in a delicate No matter how satisfied or cream sauce or a light puff of hurried to return to the library corn fritter with maple syrup one must stay for dessert. To While enjoying this, one can leave the scene without samplperuse the menu and select an ing those gossamer confecappetizer from a variety of tions would be negligent, if not homemade soups or spinach criminal! They are all prepared pie. on the premises by Jim Entrees range from delec- Bechakas Your choice should table lamb chops and steaks to be whimsical because they are liver and onions to an exten- all equally delectable. I highly sive selection of fresh seafood. recommend, if available, the The emphasis of the cuisine is pecan cheesecake, a creamy on simple, well-prepared delight laced with finely chopdishes. All meats are cooked to ped pecans which lend-a nutty the customer's specifications. flavor to the cake. Those of Seafood, which often includes you obsessed with tortes will 3 or 4 types of fish, scallops, or not be disapointed with the— shrimp, can be broiled, baked Hungarian, a rich chocolate or sauteed as desired. I highly cake with cherry fudge filling. recommend the stuffed sole or Most desserts are graced with haddock which is filled with a dolop of fresh whipped succulent morsels of shrimp in cream which seems to clear a light cheese cause not at all the palate for the next flavoroverwhelming or heavy. And ful bite. » for those still concerned with The price range of the menu academic performance, may I is from $8.75 and up. In brief, suggest the brains, always a for a respite from the grind, a plain things and people generally make their decisions over a long period of time." Mr. Wallin said that this situation has been going on since the law school moved into O'Brian Hall. Mr. Dahlberg said that the Office of Facilities Planning would check further into the matter. He concluded by comparing bar review courses to ice cream, commenting, "We favorite. would not approve of Good Entrees are complimented Humor trucks either." by fresh salad, potato and '•'■'■'-■fV-A taste of the sublime, and a fair price go to the Hourglass. I rest my case. February 19,1981 Opinion 7 - �Capital-Case Lawyers Find Practice Hard Going - CHICAGO, Jan. 23 The article of the February Student number of prisoners on death Lawyer, a publication of the rows across the country is American Bar Association. She notes that these lawyers growing and so are the problems that face lawyers who look forward to the time when specialize in capital defense. public opinion once again "No matter how you look at turns against capital punishit, capital defense is not a cozy ment, influencing state corner of the legal profession. statutes on the death penalty. The clients are from the wrong Until then, these lawyers conside of the tracks. The money centrate on litigation and apis poor. The emotional toll is peals, educational programs great. And, with an even more for attorneys new to capital conservative public becoming defense work, and public inforincreasingly fearful of crime mation campaigns. and violence, the stance is no The NAACP, sponsor of the longer popular," writes Faye National Defense Fund, is the Hamby Goolrick in "Counsel leading national organization for the Condemned," the cover* involved in litigation against capital punishment. Its ultimate goal is to show the Supreme Court that the application of the death penalty continues to be discriminatory and racially-biased, contrary to the Court's 1972 ruling in Furman v. Georgia that such application violates the Eighth Amendment prohibition against cruel and unusual punishment. In the meantime, it handles cases that are the furthest advanced when no one else is available to assist the prisoner in his defense. Jack Boger, a staff attorney with the National Defense Con Law Scholars to Depart of my experience here has been the acceptance by the students from the time I Hyman said. As for the future of the con- came." He felt students here stitutional law department are "critical of the curriculum" with the departure of Hyman and the legal education they and Mann, Professor Hyman receive and that this helps the did not feel the quality of the law school improve. Article XV of the Policies of department was in jeopardy. Hyman felt Alan Freeman, a the Board of Trustees states new addition to our faculty that mandatory retirement knowledgeable in constitu- must occur when faculty reach tional law, was "extremely the age of 70. Though excepwell qualified," and that tions on a yearly basis are Freeman, combined with Pro- possible upon filing an applicafessors Wade Newhouse and tion; they must be approved by Lee Albert, will make a "very the Chancellor of SUNY and, strong team." Mann believed said Dean Thomas Headrick, himself not in a position to "are rarely granted." The only comment about the depart- person from the law school ment, not knowing enough who routinely receives a yearly about Mr. Freeman. extension is Judge Charles DesIn closing, Professor Mann mond, the retired Chief Judge commented that "the highlight of the New York State Court of cont'd, from page one . Appeals. Professor Hyman, now 71, received a one year extension last year based primarily on his "versatility as a professor," said Dean Headrick. Alan Freeman had not at that time been hired, and furthermore, Hyman was needed to teach Torts to the first year class. Hyman has applied for another one year extension, this time to teach in a parttime capacity. Dean Headrick felt there was less likely hood of this extension being granted as the shortage of professors to teach first year courses has been alleviated with the hiring of new faculty members. Professor Mann has not, as of yet, applied for an extension for the 1981-82 academic year. Fund in New York role in preparing attorneys for capital defense. The author cites the State Office for Public Advocacy in Frankfort, Kentucky, which runs a "death penalty task force" to assist public defenders throughout the state in defending capital cases. Also in this issue of Student Lawyer, Grant Pick writes about a Chicago center that City, ex- plains: "You've got thousands of cases at the pretrial level, hundreds at the trial level, dozens at the state appeal, and fewer and fewer the closer you come to execution. Our nation has been to work backwards, to make sure that the cases that are furthest advanced are covered." Many attorneys believe that one of the reasons for the imposition of the death penalty is the quality of legal counsel. In order to remedy this, the Team Defense in Georgia and the Southern Poverty Law Center in Alabama concentrate their work at the pretrial and trial levels to guarantee adequate trains handicapped people to be independent in his article "Helping the Handicapped Help Themselves." Moira Griffin, in "Service with a Smile," looks at the work of a Vietnamese attorney who now practices in New York and participates in public interest programs to assist immigrants. The issue contains Student Layers's annual listing of .summer law programs abroad, along with a story by Deirdre Shaughnessy Alfred on international law practice. Student Lawyer is the monthly publication of the American Bar Association's Law Student Division. courtroom representation to poor and black people. "If you never get people sentenced to death then you don't have to worry about the death penalty," director John Carroll of the Law Center ex- plains. In addition to these private programs, some public defender offices take an active Appeals Judge Wachtler Demonstrates His Chutzpah Wachtler, in a .letter to Boston's eccentric lawyer Miles Zatkowsky, disagreed: "It would have been chutzpah if you broke the windshield and put it on the front seat" As for Zatkowsky's resume, peals. the Judge reportedly filed it in his glove compart"It's unorthodox," the note away read, "but I figured a little ment! chutzpah couldn't hurt." Court of Appeals Judge Sol Wachtler has chutzpah\\\ Returning to his car recently. Judge Wachtler found under his windshield wiper the resume of a lawyer looking for a job with the Court of Ap- ... SPRING MIXER Sponsored by SBA Social Committee • Saturday February 18,1981 •:!© p.m.-l:10 a.m. at Three Coins Banquet Room Niagara Falls Blvd. $ 1.00 for Law Students $5.00 for Guests ALL the liquor, beer and soda you can drink* after 1:30 drinks are $ 1.25 FREE Cheese, crackers, wings, potato chips, pretzels/~^a tggm Music provided by The Three Coins DJ. /l*S?5B Xr *i / _ j_YouA *tJ»»t A-p. r / Note: Please park across the street in the K-Mart parking lot. Ties are requested. [mmttf^A,yTyl \ fm S -A %\^/ \ LftU j \\ \ £mtl6._ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-02-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/19/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eab586efb49ff5b62b3c95cc2dde80b0.pdf 71d7df96d986e9c98651dae65cc6aafb PDF Text Text UB Students Once Again Beset By Late Grades by Edward M. Sinker Seminar in Constitutional Law (Mann) Over six weeks have passed Sociology of Law (Ross) since the 1980 fall semester Introduction to Legal final exam period ended. The Methods (Spiegelman) inability of certain-professors Civil Procedure I (Olsen) to meet their grading,responContracts (Schlegel) sibilities continues. To date, Federal Tax I (Joyce) fourteen professors have not Gratuitous Transfers (Joyce) turned in grades for the followEthics (Breger) Patents & Copyrights (Carting courses: wright) Limits on the Subpoena Problems with State and Power (Halpern) Local Government (Hyman) Financial Institution RegulaBalancing (Katz) Early American Constitu- tions (Spanogle) Judges (Berger) tional History (Ellis) » Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 8 State University of New York at Buffalo School of Law March 5,1981 Students Gather to Fight Proposed SUSTA Cut Despite over 200 students Altreuter, in response to the receiving SUSTA within the low turn-out. "You would think law school, only 30 students at- people who are going to lose tended an SBA-Administration $1200 a year would be inmeeting on how 4o fight the terested enough to try to do elimination of the financial aid something about it. There are. program. 150 first and second year The meeting, which had students receiving SUSTA. been publicized for several Where are they?" While thanking those perdays around the law school, was designed to inform the stu- sons who attended the dent body as to what the Stu- meeting, Altreuter noted that dent Bar Association and Dean it would take a much larger Thomas Headrick were plann- student response for a major ing to do to get the Legislature effort to be launched. Former SBA representative to restore the $250,000 financial aid program to the law John Feroleto urged Altreuter to have the SBA sponsor a school. "Fight SUSTA" party, with the Led by SBA President Bill price of admission being a letAltreuter, Dean Thomas ter to one's assemblyman or Headrick and Financial Aid Ad- , visor Jay Marlin, the law school plans on mounting a major effort to get the Legislature to restore the SUSTA funding, whose loss would mean the loss of $1200 per year in aid to anyone receiving the maximum TAP award. "This is unbelievable," state senator. Said Feroleto, "If you have several kegs, and have a party on the 3rd floor, and have the purpose of the party being to fight SUSTA, then I think you'll have a lot of students in attendance, even those who don't get SUSTA." Most in attendance nodded really their approval at this suggesstated tion, and Altreuter was ex- Scholastic Achievement to be Recognized The First Annual Honors Convocation will take place March 17 at 3:30 in the Moot Court Room. The Convocation provides an occasion to offer recognition for distinctive achievement by our present students. Awards will be given to students who have achieved superior overall records, and for achievement in-particular course areas. The St. Patrick's Day party will immediately follow the Convocation. Students from the present second and third year classes will be honored along with January 1981 graduates. It is an excellent opportunity for the students, faculty and administration to join in giving recognition where it is due. Plan on coming to the Moot Court Room at 3:30 pm on the Tuesday after Spring break and join in the Convocation and the St. Patrick's Day celebra- tion. pected to present the idea to the SBA. Altreuter suggested the possibility of sending in- dividuals to- -Albany to- personally lobby with the Legislature if there were enough students interested. While Altreuter was speaking, sample letters were handed out and the students in attendance wrote letters to their legislators in Albany. In conjunction with the sample let- Boh Frank by photo ter. Dean Headrick had prepared, with help from Jay Marlin, a fact sheet on the SUSTA program which will be made available to all students. Dean Headrjck informed the students he was personally contacting many of the key legislative leaders, and he was preparing a statement on the SUSTA program to be presented to those leaders. He urged the students present to have their parents contact their legislators, and to get their fellow students involved. Said the Dean, "Even students who don't receive SUSTA should be concerned and get involved because we all have a stake in the quality of the law school and it will suffer if SUSTA is not restored." Marlin, who was actively involved in the efforts to fight a tuition hike two years ago, expressed both his concern over the lack of attendance and his conviction that "this is a battle that can be won." "Everything we know about the way Albany works indicates to us we have a good case for the retention of SUSTA and this is a winable fight," said the financial aid advisor. Bill Altreuter, SBA President, distributes SUSTA fact sheets to some of the 30 students attending the meeting. "There are no guarantees that SUSTA will be restored," continued Marlin, "it is a 50-50 proposition. But there is no way SUSTA will be restored unless those students who are affected get involved. It's up to you and your friends. If you don't care about losing $1200 a year in aid, fine." Most people in attendance expressed surprise at the small turnout, and suggested various reasons, from not having enough publicity to the attitude that someone else will do the work. Conspicuous by their absence were any minority students within the law school population. When asked about this, Marlin commented, "Most minority students in the law school are on Equality of Opportunity tuition waivers. Therefore, they don't think they are affected by the loss of SUSTA, but they are wrong. Since all EOP students must apply for TAP, and since most receive SUSTA, the loss of SUSTA would mean more students trying to get a limited portion of the EOP pie. Their SUSTA funds are used in place of EOP money. If there's no SUSTA, there may not he enough EOP money to afford those on tuition waivers the same waivers for next year." The deadlines for the restoration of SUSTA funding are April 1, when the Legislature must vote on the new budget. If SUSTA is not restored at that point, the program could be restored by July 1, when the Legislature votes on the supplemental budget. All students interested in the effort to fight for SUSTA should contact the SBA office or their SBA representative. A sign-up sheet for sitting at the desk in front of the library is posted on the SBA door. Additional information on SUSTA is available in the financial aid office in Room 314 O'Brian Hall or at the SBA office. joining �President's Corner SUSTA Meet Is a Dismal Flop Opinion Vol. 21, No. 8 Tax meeting time, and frankly, students in those classes who get SUSTA now, or are going to be eligible for it next year would have been well advised March 5,1981 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Marc Ganz Ralph W. Peters Feature Editor: Photo Editors: Lee Berger Frank Bolz Business Manager: Jim Kraus Alan Beckoff, Doric Benesh, Peter Staff: Bill Altreuter, Bergenstock, Steve Gabor, Laurie Gross, Pat Jayne, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal Contributors: Therese Rahill, John Stegmayer © Copyright 1980, Opinion, SBA. Any republication ot materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. by Bill Altreuter Last Tuesday's dismal showing at the Save SUSTA Organizational meeting was, I suppose, an embarrasment, but more than that, it was an insult. Only thirty-odd students, out of what Jay Marlin estimated were about a hundred and fifty first and second year students who are now receiving SUSTA, gave enough of a damn to show up Tuesday. There is really no excuse for that kind of poor showing only a few research and writing sections and Estate and Gift — Editorial Headrick is Valuable Asset to the School The Opinion would like to extend its hearty thanks to Dean Thomas Headrick for doing a damn good job ofrunning this law school. The Dean has proven himself an able and-hardworkrng administrator. He is largely responsible for introducing a number of innovative programs into this law school. There are a few of the problems of accessibility that usually plague administrator-student relations. Dean Headrick's decision to attend the 100 Days Party and his ability to relate to students in a professional as well as social capacity are applauded. Except for two notable tax professors, no other faculty members could find time from their busy schedules and musty law review articles to appear at the bash. Perhaps some professors have an inherent inability to relate to the real world or perhaps they just do not wish to associate with this lower form of life known as the law student. The Dean's attendance at this" bash was an important indication of his support for the student body and UB Law School. We are fortunate to have such a Dean. Late Grades Plague Law School Again The semi-annual recurrence of late posted grades is upon us once again. As of this writing, there are fourteen professors who have yet to turn in their exam and paper grades. It is unfortunate so many professors take their duties so lightly. While it is granted exam grading is an unpleasant task, preparing for and taking them does not amount to a great thrill either. It is not unreasonable for law students, having toiled long and hard over a semester's span, to. expect a complete notification of their marks within two months of taking their exams. Students, unfortunately, are virtually powerless with respect to this matter. Much as you can lead a horse tp water, but can't make him drink, neither apparently can a balky professor, upon being led to his exams, be forced to mark them. We suggest, only half facetiously, that an ABA code of Professorial Ethics be drafted, addressing this problem: Opinion March 5,1981 2 * school. If you think maybe the conflicted with the money means something to you, I'd recommend sitting down and writing a few letters. I know your time is important, but if you think you'd like to to miss one class to insure that have your letters look as though you are informed, you they will have some way of becould pick up a fact sheet and ing here next year. to crib from it. You might even trying been has The SBA put together a lobbying effort want to enclose one. to convince the legislature to In the event that some of restore SUSTA to the budget. you do sit down and write letFor. whatever it's worth, the ters, you can drop them off at people who were at the the SBA office, and we'll mail meeting learned that we are them out, postage and now conducting a letter everything. writing campaign to individual The SBA has a tie-Jine. If assemblymen and state you're feeling garulous the chairpersons senators and might want to of the Higher Edcucation, sometime, you give Albany a call. stop by and Finance Means, and Ways and If it looks like people are really Committees. It is vital that we interested in going to school of support the get the downstate members of the next year, the SBA might even legislature. Students should have a phone-a-thon. ask friends and relatives to This had originally looked contact their state reps. like it was going to be a The SBA has fact sheets winable fight. It still is, but not available, outlining what if we don't come out of the SUSTA means to the law corner when the bell rings. Critics of AUL Are Set Straight 7o the Editor: I am writing this in response to the letter in your last issue concerning the Placement Of- fice's listing of positions with Americans United for Life (AUL). The letter was midteading about-the-type of organization that AUL is and I believe the record should be set straight. The writers accused AUL/AUL Legal Defense Fund of being "part of a small, wellorganized and well-financed sector in the country whichJias stepped up their attack on women's right to choose." They also suggested that it was aligned with the so-called "New Right" and the Catholic Church. First, AUL is a legal and AUL is not part of any political alliances or coalitions with the "New Right" or any other group. In fact, its IRS status prohibits any such activity. It also has no affiliation with any churches or church groups. It also was not the 1980 elections which made AUL "confident enough" to list its summer law student internship program with the Placement Office, as the writers allege. The announcement of the program was posted by the Office last year at this time also. AUL has a board of directors which includes distinguished Placement Office should not include listings from organizations like AUL. They suggested that AUL has no right "to utilize a State University service." I should point out to the let- writers that it is the men and women from all over students and alumni of the law the US. They include seven school, not employerst for physicians, one of whom is an whom this service primarily exinternationally renowned ists and we should be permitpediatric surgeon; a con- ted to have the full-range of gressman; two law professors; law-related job possibilities three other university pro- listed. fessors; and two prominent As a recent UB law alumnus, Protestant clergymen. One of I would strongly object to the the physicians on the board, is Placement Office suppressing Dr. Mildred Jefferson, the first job information because it ofblack woman graduate of Har- fends some students' political vard Medical School. and social view. The PlaceAUL wishes it were "well- ment Office's listing is not financed." On the contrary, it reserved for organizations describes itself as existing which espouse a particular "hand in mouth." It has an an- political philosophy. AUL is a nual budget of $250,000, which legitimate public interest law is not much for the substantial organization which should amount of legal work it does have access to the Placement (about 25 active cases), its Office. educational organization, not a political one. The Chicago Tribune described it as "the only national, full-time group devoted to providing legal support for the anti-abortion, or 'pro-life' movement." It intervenes in support of parties or as amici curiae in lawsuits around the country which involve human life issues. AUL concerns itself not only with abortion, but with such other matters as infanticide, euthanasia, in vitro fertilization, and so-called "wrongful death" tort actions. It can thus educational activities, and the legitimately claim to be a ge- Louisell internship program nuine "pro-life" group. It also (the subject of the Placement has not and would not take Office listing). It has no major any stands that would justify source for funds. Most seems lumping it with any "militarist, to come from relatively small racist, anti-labor" groups, as contributions in response to the writers suggest. direct-mail appeals. AUL carries out its educaAn exampel of the absence tional function by putting out of "fat cat" contributions was publications and sponsoring seen with the infanticide conscholarly conferences in areas ference mentioned above; The of its concern, such as its re- conference attracted scholars cent highly successful Interna- from the fields of law, tional Conference on Infan- medicine, and ethics from ticide and the Handicapped around the world, but none of Newborn. tions would give AUL a cent for it. (Apparently, these foundations don't think that infanticide of handicapped newborns is important enough of a subject to be discussed.) AUL's usual small contributors made theconference possible. The most-disturbing thing, about the letter was its obvious implication that the the major charitable founda- ter Our free political society tolerance for different views arjd permits an open and unrestricted intercourse in ideas. It is by doing this that it believes that it has the best chance to discover the truth. When persons, like the writers of the letter, try to suppress ideas they dislike, they show themselves to be afraid of the truth. They betray a wrenching uncertainty about whether the position they are advocating is really the truth. practices Stephen M. Krason �Financial Aid Office Reports on Student Loans by Jay Marlin Running out of money? Don't know how you're going to be able to afford to live while taking the bar review course? You were denied the full amount of your New York State Higher Education loan because you had reached the $15,000 loan limit? This news should then be good news. The total amount that may be borrowed under the guaranteed student loan program (NYSHEAC loans) has been raised from $15,000 to $25,000. You are still limited to borrowing $5,000 per yeaT, and borrowers only, the interest New York State Higher Educayou are permitted a total finan- rate on the New York -State tion loan for the 1980-81 cial aid package, which in- loans are going from 7% to school year until the last day cludes the loan, of no more 9%. For all individuals who of classes in April. than $7300 for a single student have borrowed before, the inUnder the Higher Education and $10,000 for a married stu- terest rate will remain at 7%. Act passed by the Congress dent. Those students who are first- this past fall, this and other To apply for another loan, time borrowers should contact changes will have a direct imthe same procedure that was Jay Marlin in Room 314 pact on the financial aid picfollowed when applying-for O'Brian Hall for additional in- ture at the law school. the first loan must be followed. formation. For example, all National Also, for all first-time bor- Direct Student Loans for You must get a NYSHEAC application from your local bank, rowers, the grace period for 1980-81 will have an interest and wait 3-4 months until the starting to pay back the loan rate of 4% instead of the preloan is approved. If your check has been reduced from 9 to 6 sent 3%, and the grace period is pink, it is likely to be the months after graduation. For for beginning to pay back that residue left over from govern- all previous borrowers, the loan is also being reduced ment red tape. grace period remains the same. from 9 months to 6 months. Students can apply for a In addition, for first-time Law School Involvement Urged To the Editor: I think I speak for all those who attended the "100 Days 'Til Graduation" Party when I say: Thank you, 1981 Commencement Committee, and congratulations on a job well done! Nancy Caple and Terri Rahill, who were in charge of the Party's arrangements, as well as Leslie Wolffe, Chris Trapp and Joe Peperone, who are also generally responsible for coordinating all graduation activities, deserve a particular- ly big thanks. AH the pople who purchased tickets and/or attended the 100 Days affair are proof that "the attitude around this place? hashlost'.some, of its overwhelmingly stench. Unfortunately, the apathetic aroma has not entirely evaporated. In spite of the best efforts of students and certain faculty administrators, the attitudinal problems of the law school cannot disappear without the support of the faculty as a whole. At a' time when state finances (and they will NOT offer free beer, soda and wings!). Were I asked today to contribute to either my undergraduate school or this law school, rest assured that budgets are being drastically my check would not order payreduced and the school's ment to' ÜB. Whether my reliance upon alumni contribu- preference changes between tions is proprotionately in- now and that infamous day on creased, the refusal of the which I receive my first "P-L-Efaculty to support law school A-S-E Give to UB" letter is conactivities is at the very least tingent upon the level of supcurious, if not hypocritical. On port the faculty can muster for the one hand, in 1981, these student activities between now persons as a group ignore the and then. In the meantime, I respectplea of the third year class for a mere four dollar contribution fully challenge the faculty to in exchange for which do their part to assure that the refreshments and enjoyable "give and take" component of company are offered; On the this school becomes just that: other hand, in 1982, this same reciprocal. faculty will be pleading with Doric H. Benesh the Class of 1981 to supplant their ever dwindling school "Cheerleader of Life" Reading Ethics—25% Is Necessary Open Letter to the Dean and last few weeks responsibly Everyone else at this law reading all 1200 pages and school: developing outlines for study groups, as some of us felt a I walked into school this responsibility to do. In the morning to find a group of peomeantime, the rest of our ple gathered around the en- course work has been abantrance to the library. Apparent- doned and our briefs not quite ly, one of more persons, as well-done as could have presumably first year students, been. And now all of this time last night papered several has been wasted. (Not to menareas in the school 'with the tion the wasted money we now useless ethics, material. spent on the material, and Someone, while admitting to wasted time of the people who the pOor administration of the had to offset all the material ethics course termed these who were hassled enough this "phantom paper plasterers" as semester.) In addition, we were "juvenile adults making false not given any warning or allowwere mereaccusations,." ed any input I suppose that these actions ly told that all that needed to were silly and maybe what was be read would be the ABA written fs untrue. Writing code. But, you may say, wasn't slogans and taping up ethics the material worth reading? material all over is not a very Won't we be more ethical for effective method of- rectifying having ploughed through it all? an unfair situation. But if we (That was the point, wasn't it?) Having been one of the unlook at these actions in the context of all the experimenta- fortunates to have read ALL tion this first year class has had the material, I think I can safeto put up with, we rfiay find ly say that for a one credit, first some method in this madness. year basic ethic course, maybe It is madness to find oneself one quarter of the material with over 1200 pages of was necessary. The rest reading to be finished by the well, it was just a lot of middle of the semester, with a esoteric diversion which brief, a midterm and regular though useful for some, hacTn'o classwork hanging over our place in a first year curriculum heads. And it is madness to already consisting of five have spent the majority of the Heavy reading courses and one —. large research project, demanding skills we were just now learning. Yes, e"thics is important, essential in fact in learning to become effective and decent lawyers. And God knows, the profession could use a few. But this was no solution. The phantom paper plasterers offered no solution and that certainly was his/her/their mistake. To fill thafgap, what might be a more feasible plan for the future, would be to give a ten week basic ethics course the first semester of law school one week for each code and one week for good luck. Three quarters of the material forced onus could be cut, leaving just several articles to illuminate problems with each canon. For those of us interested in further exploration, an elective including the rest of such materials sould be available. — And, for work-study students, it is now required that public universities must comply with the federal minimum wage. Prior to the Higher Education Act, public institutions weren't required to comply with increases in the minimum wage. As of January 1,1981 the federal minimum wage is $3.35/hour. Applications for New York State Higher Education loans for 1981-82 will not be accepted until at least May 1. New forms for 1981-82 will be available at that time. Statistics Presented on UB Financial Aid Information obtained from the financial aid computer indicates the following number of law students on loans and their average amounts. While the New York loan figures will undoubtedly increase as the year continues, these figures are the latest up-to-date data for school year 1980-81. Out of a student population . poration Loan (bank loan), . which is not based on any financial need. The maximum loan a student may receive is $5000/year. The average student loan was $4410, The following information is even more interesting . Typical law student profile: 45 (5%) of the students in the law school have only a of 836. NDSL loan. The average loan is 687 students (82.2%) have $1830. Aggregate amount is . either received a National $82,355. Direct Student Loan or a New 437 (52.3%) of the students York State Higher Education in the law school have only a Loan. Total dollars loaned to NYS loan. The average loan is law students: $3,218,278. Law $4603. Aggregate amount is students have received $2,011,581. $393,685 in NDSL money and 204 (24.4%) of the students $2,824,593 in New York State in the law school have both money. Average loan is $4684. loans. The average NDSL loan 249 students (29.8%) have is $1526. The average NYS loan received a National Direct Stu- is $3985. Therefore, this group dent Loan, which is awarded is taking out an average of by the Financial Aid Office on $5511 in loans per year. NDSL the basis of financial need. The aggregate is $311,330. NYS maximum loan a student may loan aggregate is $813,012.. receive is $2500/year. The These figures add up to average loan to a student was $1179. :, 82.2%. As you can see, the average 635 students (75.9%) have law student is heavily in debt received a New York State by the time he graduates from Higher Education Services Cor- the law school. ILC Plans Events for Week of March 25 Michael Posner, Executive Director of the New York Lawyers Committee for International Human Rights, and Amy Young-Anawarty, Executive Director of the International Human Rights Law Group (Washington, DC.) will be at the Law School on March 23rd to talk about the use of international human rights law in domestic court decisions. Emphasized will be the recent U.S. decisions of Filartiga and the Haitian case, among duced by Noel Fox, Cadagan Communications (1980) State of Siege, directed by Costa-Gaviras, written by Francos Solinas (1973) Last Grave at Dimbaza, proMahomo(l974) duced Generations of Resistance, produced by Peter Davis and the United Nations Free Namibia!, produced by the United Nations (1978) Formula Factor, produced by the Canadian Broadcasting Company (1977) others. Controlling Interest, producBut for those of us who are There will be an entire by California Newsreel ed affected, no on most we have week's worth of films choice but to suffer through human rights shown in O'Brian (1978) The Land of the Indians, the rest of the term spending Hall during the week of March sleepless nights catching up tn 23rd. They are sponsored by directed by Zelito Viana (1978) Nicaragua: Free Homeland courses we put aside. It is apthe International Law Clinic parently this frustration which and the Mitchell Human Right or Death, directed by Antonio has found its way to the walls. Lecture Committee and in- Yglesias and Victor Veta (1978) My Country Occupied, proclude the following: Amy Ruth Tobol Prisoners of Conscience, pro- duced by Newsreel (1971) March 5,1981 Opinion 3 �Law School Counselor's Door Is Always Open by Bob Siegel undergraduates, graduate Her purpose here, according students, and faculty members Have you ever felt a need to to Ms. Wright, is to help throughout the university. talk with someone but could students with their problems. When asked to compare the find no available ears? If so, "Problems" is defined as "the problems dealt with at the law you should be relieved to whole gamut"; from personal school thus far with those of the general university population, Ms. Wright felt she could sense more pressure here, but the differences were only a question of degree. "Problems law are generally the same students are no different from anyone else," said Ms. Wright. Ms. Wright's services have thus far been utilized mostly by first year students. According to Ms. Wright, "they feel they're not part of the total system, and that they weren't as prepared as they possibly could have been" for the law school experience. Ms. Wright tries to help the student work through the problem by "taking responsibility for it." "It's a photo by Lee Berger matter of their being aware that they have things within Professional counselor Maggie Wright awaits her next apthemselves with which to pointment in her office in O'Brian 725. work," said Ms. Wright. Ms. Wright hopes more know the law school has hired relationships, to anxiety and upper-level students will drop someone to listen to your pro- depression, to academic and in for a visit in the future. She blems, to consult with, and to financial woes. Being new to also welcomes dialogue with be of general assistance. Ms. the law school, Ms. Wright was faculty, administration, and Maggie Wright, a professional not sure how much help she support staff. "I just hope counselor, spends every Thurs- would be able to provide for everyone is aware my door is day in O'Brian Hall for ex- persons with substantive always open," added Ms. clusive service to the law academic problems. She Wright. school student body. pledged, however, to at a Ms. Wright feels she is Having received a master's minimum "point students in definitely helping to fill an exfrom UB the in Counselor degree right direction." "If J'm invoid. isting "Responses have Education, Ms. Wright is cur- capable of helping a person been claims Ms. very good," issue, coman definiterently in the process of resolve I will and Wright, "faculty and adpleting her dissertation for a ly seek out people who can be of ministrative endorsement assistance," of she added. Ph.D. In addition, she has had kind service this of supportive eleven years of counseling exWhile Ms. Wright is only at minimize perience in a higher education the law school on Thursdays, has helped greatjy.to anxiety." setting. She has, in the past, she "enjoys the day spent Ms. Wright did feel, at the taught workshops concerning here." When not exclusively the "psychology of examin- serving law students, Ms. outset, law students would be works ship" for students preparing to Wright with reticent about approaching a take the LSAT. — HONORS CONVOCATION Tuesday, March 17th 3:30 p.m. Moot Court Room followed by ST. PATRICKS DAY PARTY 3rd Floor Sponsored by the 1981 Convocation Committee and the SBA 4 Opinion March 5, 1981 - counselor "for fear of the implications it may have on their career." She has not found stigma to be a problem here. "Stigma lies in how a person thinks he will be perceived there is strong indication this service- is seen in a very positive light." And, Ms. Wright added, "If you're helpful, people don't really care who know!" Ms. Wright hopes the law school administration will favorably evaluate the outcome of her experience at O'Brian this semester and create a full-time counseling — for the law school. that Feeling strongly "something should have beenaround long before now," .there is no doubt in her mind a full-time counselor would be adequately used by the law school student body. "We don't' give students enough credit for taking care of themselves. If the need has position been identified, and you provide the service, students will take advantage of it." Ms. Wright provides the law school with counseling every Thursday, and can be found in O'Brian Hall, Room 725 from 9 am to 5 pm. No records of interactions are maintained. Counseling is confidential and "what goes on in the office goes no further than the office." There exists no rigid time schedule, Ms. Wright believing an "open" door best serves the needs of the student body. Even if the door is closed students should feel free to knock. If Ms. Wright is involved in a conference, the student will be given a specific time to return. So in the future, if you have anything on your mind, or just want to shoot the breeze, you should know where to turn. Ms. Wright will gladly provide with an ear to listen and a shoulder upon which to lean. Evidence of New Faculty at UB Law by R.W. Peters Students enrolled in Evidence quickly snapped out of their early morning reveries February 12th on hearing Professor Paul Birzon's announcement of his immediate departure for, as yet, undisclosed reasons. His replacement, David Stiller, completed the class for Professor Birzon. Professor Stiller is graduate of Columbia ,Law School, where he was* a classmate of Birzon's. Dean Thomas Headrick says Stiller, who is, as Birzon, a local prac- titioner, comes highly recommended as a sharp and competent attorney, proficient in the areas of evidence, trial practice and litigation. Stiller has had no prior teaching experience, but students presently taking the course indicate their general approval. _, Professor Birzon's reasons for leaving remain unexplainoffice, evasive His, ed., rti n ti, 7 ,J| (.was. v.r-i.Y >/. [villi when questioned $s;to hispte-r sent whereabouts. Dean Headrick did allude to the possibility Birzon would return before the end of. the semester. , Schuchardt Speaks to O'Brian Audience by Steve Gabor John Schuchardt, a member of the Washington, DC. bar and a group called the "Plowshares 8", presented a lecture called "Lawyers and the Bomb" to an O'Brian audience on February 19. Schuchardt was undaunted by the fact that an eight-count indictment is pending against him for illegally entering a Pennsylvania General Electric plant and destroying two nuclear re-entry vehicle cones. His actions were prompted by a belief that "the whole human family is about to be annihilated." A graduate of the University of Chicago and a public defender for most of his legal career, Schuchardt characterized his switch to an advocate of nuclear disarmament as a logical one. "As a defense counsel I made sure that the Bill of Rights was available to all who needed its protection. Today I'm an advocate of all the people because we all need protection from the bomb." Consistent with his attitude toward nuclear arms is Schuchardt's attitude toward the legal system. In. a recent edition of The Current, he asserted that, "In law school you lose your understanding of right and wrong, and of justice and the law. Justice exists. The bomb symbolizes everything evil, every untruth, and every capacity for destruction in the human family... If your society is based on overkill, that's where your law is." In light of the Reagan administration's proposed increase in defense spending, Schuchardt acknowledged his crusade will face a tough challenge in the year's ahead. He maintained unilateral disarmament is the only answer to nuclear holocaust. When a member of the audience exclaimed that unilateral disarmament would make America hostages of all people who have nuclear bombs, Schuchardt's response was a strange one: "That's strange. Thank you." Schuchardt's visit was arranged through the auspices of the SBA and National Lawyer's Guild. �Moot Court Wins Best Brief in Niagara Competition A team of four second year law students from the State University of New York School of Law returned victorious from Detroit recently, having won the award for Best Memorial and placing fourth in the 1981 Niagara Cup International Law Moot Court Competition. The competition, hosted by Wayne State University School of Law February 14 and 15, fielded twelve teams from the northeast and operation in South America. The issue paralleled the recent Canada. Iranian crisis and the 1976 Tanya Harvey of Honeoye Entebbe Incident. The team's Falls, Ruth Pollack of Long success was particularly Island, and Tom Eoannou and significant because the comJoel Kurtzhalts of Buffalo col- petition originated at UB Law laborated to write and argue a School almost a decade ago. brief before a mock InternaCase Western Reserve Law tional Court of Justice on an School won the final round, issue concerning a hostage followed by St. John's Univercrisis and subsequent rescue sity School of Law. Mugel. Twenty-eight teams from law schools throughout the northeast, midwest and southeast are expected to compete. The law school will be represented by the team of Bob Potenza and John Harras. The problem, written by Professor Kenneth Joyce, deals with the tax effects of a settlement received for a claim of sexual harassment brought by A panel of distinguished a male attorney against a authorities in international female partner. law, including Professor The entire student body is Robert Friedlander of Ohio welcome to attend the Northern University Law preliminary rounds on Friday, School, Franklyn R. Willis of March 20 and the quarter, semi the U.S. Department of State, and final rounds on Saturday, and Jean Ouelled of the Cana- March 21. Students who are indian Department of External terested in judging practice Affairs, Legal Advisory Divi- oral rounds for our team sion, served in the final round should check the Moot Court as justices of the International Board office door, Room 8 in Court of Justice. the basement for details. Boh Frank by photo In the next several weeks the On March 20 and 21 the Moot Court Board will host the law school will be represented eighth annual Albert R. Mugel at three national Moot Court Tax Competition named in competitions by Moot Court honor of Professor Albert Board' members. Betsy Broder Winners of Best Brief include Moot Court competitors (I. to r.) Tanya Harvey, Tom Eoannou, Joel Kurtzhalts, and Ruth . Pollack. Women Law Students Plan Spring Activities "Killing "Rape t and wish to attend Ms. Pessar's talk will be shown only. as part of a film/discussion presentation by the Women Law Students' Association on *,# .¥.*.* k. 'Mjm",ss&s #W in Room 106 O'Bnan.,. ; i", Attorney Linda Cleveland, President of the Buffalo Chapter of the National Organization of Women, will facilitate discussion after the films. "Killing Me Softly" looks at the image of women presented in advertising, and "Rape Culture" examines the social context in which rape occurs. The film includes interviews with victims, rape crisis workers and convicted rapists. Linda Pessar, M.D., a psychiatrist practicing in Buf- falo, will address a dinner meeting of the Women Lawyers of Western New York at the Buffalo Hilton at the Waterfront, San Carlos Room, on Wednesday, March 25 at 7 pm. Ms. Pessar will talk about the various problems faced by professional women, particularly women attorneys, including emotional responses to job-related tensions and conflicts with the "traditional" roles of women. Reservation forms are available in the Women Law Students' Association office, Room 10, until Tuesday, March 17. After that date, reservations may be made by calling Kathleen O'Brien Cirbus at 689-7331. Oinner reservations are $14.00, but the program begins at 8 pm for those who • ». * >sVs ¥ '. Both.the 1973. Attending the ABA Client Counseling Competition are Cathy Lojewski and Mitch Lustig. Pace University is hosting the regionals. In this unique competition, the problem is received only ten days prior to the actual event. The format is an actual interview with a potential client. This year's problem deals with discrimination in employment and credit. Shari Lewis and Rick Valentine will be arguing in the Wagner Labor Law Competition sponsored by New York Law School. The issues which were briefed and will be argued are the employer's duty to bargain and whether a credit union is a term or condition of employment. Innocent When Proven Me Softly" Culture" and Art Williams are competing in the Constitutional Law Competition at the University of North Carolina. The issues addressed are disclosure of a newsman's source of. information and whether handicapped persons have a private right of action under the Rehabilitation Act of • :■' experience of professionals and, the work of researchers have shown that one of the major reasons for the low conviction rate for rape and sexual assault lies in the victim's reluctance to continue with the. judicial process. The Volunteer Supportive Advocate in Court Assistance Program for Sexually Assaulted Victims has been set up with a view towards easing this situation by helping to reduce the victim and her fafnilyJs discomfort and apprehension, and increase the likelihood that the perpetrator of the crime will be successfully prosecuted. Para-professional volunteers are trained to act as a supportive presence for victims and their families during the The process. judicial volunteers are trained to give emotional support, and also to explain the proceedings to the victim and her family. Volunteers are to be available either three nights or two days a month, and the Cpurt Assistance Program asks for a commj/ment of six months. Applications are available in the Women Law Students' Office, Room 10. Please copy application and return to file. Volunteers are also needed to work at Haven House, a shelter for battered women. For information about the for program training volunteers, contact Susan Siegal, volunteer coordinator, at 884-6002. In early spring, I went to court Late summer off to trial Innocent till proyen Some justice for a while. — ... And so the accused, she takes the stand — patient all the time. Not really "much to say when charged with another's crime. "Do you swear to tell the truth?" "Beauty!" _-, I objected.. "The whole truth, nothing else?" Question uncorrected. "That is all I know," said she. .. . "That is all we need know," said me. Now sudden silence enshrouds the room to hear The Lonely Word it's hardly ever heard. Honesty so softly speaks "I know the victim I know him well' I even met the killer. . what more is there to tell?" "Should I tell yowhpw she killed -...- you've heardjt all before." With finger pointed straight at me, "Ask him to tell you more!" "Ask him about the night she lied and killed his trust in her. Why am I upon this stand when it's him you should prefer?" "Your Honor, I object!" said I, "TNs is really quite absurd. I am not on trial here, but the judge he wasn't stirred. "Because of you she goes on trial," said the judge in his dismay, "Victim and victimizes both roles you've played today." "Because you find one guilty man all others must guilty be? this really is the key." Place your faith in 'probable cause' can't to crime "She be made suffer for the of another's sin! Case dismissed both go free." The verdict now is in. . — ... .. . —— quasi N. Rem '81 Headrick Testifies on SUSTA On February 26, Dean Thomas Headrick testified at a joint hearing of the New York State Assembly and Senate Higher Education Committees in favor of legislative restoration of the State University Tuition Supplemental Assistance (SUSTA) program. The legislative representatives, including Assembly Higher Education Chairman Mark Siegel (D-Manhattan), and the amount of students afAssemblymen William Hoyt, fected by the cutoff in aid. Dean Headrick was warmly Robin Schimminger and John Sheffer and representatives of greeted by Assemblyman Senate higher education chair- Hoyt, who noted that the law man Kenneth LaValle school was "among the top (R-Suffolk) heard Headrick say twenty law schools in the that "there is no rationale for country." There was a generalending the law school SUSTA ly optimistic tune to the program." The Law School testimony, which ended with Dean also explained the nature praise for Dean Headrick by of the financial aid program Assemblyman Siegel. • March 5,1981 Opinion 5 �Utility Construction Cuts: An Industrial Dilemma by Marc Ganz rate What do Three Mile Island, the Federal Reserve Bank, Ronald Reagan and Mohawk Electric Company have in common? They are all central characters in the fight over financing and transmission of electric power in the United States. In the next few years, crucial decisions will have to be made concerning who will payers. Consumer ad- vocates argue the CWIP pass- along discourages energy conservation and leads to over capacity of electrical supply. Financial advisors are also discouraging plant construction. New York's leading bond rating company, Standard and Poors, is advising utilities to cut back on construction schedules because of high financing costs. The conserof vative bankers are only echo- pay for the construction new power plants and the decommissioning of older units. The question of who pays is the essential issue. Will it be the consumer, the stockholder, the banker or the taxpayer who pays the electric company's bills? The Metropolitan Edison Company is scampering for funds in order to pay old Three ing the advice given to utilities in past years by Ralph Nader and other environmentalists: stop building high priced power plants and start advancing conservation schemes. Is trouble starting to brew in the utility industry? According to the Energy Daily, six major utilities withdrew bond offerbecause of Mile Island Nuclear Plant bills, deteriorating market condiings in December service existing customers, and tions. In addition, according to repair the spoiled nuclear unit. Standard and Poor's Vice Presi: In the past several weeks, a dent Roger Taylor, 29 of the consortium of banks have 125 utility companies had their made clear they will not ex- bond ratings lowered in 1980. tend additional credit to the The utility industry's condinear bankrupt utility-company, tion will only worsen in the unless the Pennsylvania Public years ahead. Electric utilities Utilities Commission approves use an accounting device a requested $76.5 million rate known as Allowance for Equity boost by April 10. The Commis- Funds Used During Construcsion has stated it will not have tion (AFUDC). According to a decision in the rate case until Science magazine, this acnear May-. The operator of couting device allows utilities Three Mile Island is scheduled to "count as current income to pay nearly $25 million in cash that will not be available taxes to Pennsylvania and the until later when a plant has state has refused to defer the been completed and begins producing a marketable promonies owed. if duct." happens What Metropolitan Edison Company This accounting mechanism goes bankrupt? It will only back-fires if the plant is cancelcontribute to the already ed, or if sufficient revenues are worsening position of private not available when the plant is utilities across the United completed. For instance, the States. High interest rates, Long Island Lighting Company combined with reluctance on Shoreham nuclear plant • is the part of regulatory officials charging off billions of dollars to. assign higher consumer, i during the construction period rates have led investors to via AFUDC accounting. If the depart from the utility field. ; plant is not allowed to operate, Utilities, in turn are asking' of if economic conditions do both state and federal inot provide for huge increases legislatures for relief in the in revenue, LILCO may well go form of Construction Work in info bankruptcy. As Amory Progress (CWIP) legislation. ILovins of Friends of the Earth CWIP permits utilities to ]points out, "It allows the accharge consumers the cOst of count books to reflect a deconstructing new power imand and a willingness to pay plants. Presently it is up to 1for the electricity which may state regulatory agencies and inot exist in reality." legislatures to decide whether Utility companies cannot afNiagara Mohawk Corporation 1ford to complete nuclear may charge consumers for the |plants because of Federal Nine Mile Point nuclear power IReserve Bank inflated interest plant now under construction, irates charged on current borUtilities are asking Congress to irowing. Many utilities are pass legislation permitting 1therefore cancelling projects. CWIP to be passed along to The General Accounting Of- '< < fice reports 184 large utility However, with continued high interest rates and slumping demand, utilities will not risk York State, regulators concern- bankruptcy to continue a ed with siting of nuclear and nuclear future. Unless the other power plants have federal government incancelled projects scheduled tervenes,, there will be a conin six areas across the state and tinued trend towards conservahave notified private utilities tion and smaller capacity to change construction project generating facilities. Electric schedules to reflect this anti- rates will continue to climb as construction attitude. New AFUDC needs to be paid, and York State is currently proother financial payments moting a conservation atbecome due. For the next ten titude, via the Home Insulation years, consumers will pay for and Energy Conservation Act the mistakes of "the past ten of 1978, which mandates utili- years. Utilities have wasted vast amounts of time and* ty participation in energy conservation ratings, and also pro- resources predicting a' vides for low-cost loans for in- customer demand that has not sulation installation. New York come close to realization. In State legislators are also ex- the process they have scared ploring interest free conservaoff investors and; consumers , tion loans and expansion of the alike. V program to include business The utilities' future is bleak. and industry. Bankers' do.not want to lend The Three Mile Island them money. Regulators do nuclear accident provided the not want to increase rates. Consumers try to avoid paying impetus for a new era of conservation. The operators of the bills. Legislators resist changnuclear plant now concede the ing laws in utilities' favor. Inage of nuclear power is dead vestors run' away. The trend unless the federal government will continue until either the utility companies muncipalize,. steps in and subsidizes the entire utility industry. These go bankrupt, or consumers pay the high costs of electric steps involve moving the nation away from a conservation generation. The latter is more ethic and also away from realistic. The financing of utility Ronald Reagan's free enterpower plants has caused two prise model. opposing philosophies to These measures include a develop. The prospecial nationwide utility tax corporationists, led by Peter to be paid for the cleanup of Navarro, via an article in Three Mile Island, or a federal Regulation Magazine, argue of the Metropolitan that regulators have been bailout Edison Company by the US tough on utility companies government. This step may that must raise capital to build backfire, though, as consernuclear and coal plants, and to vatives and liberals unite replace oil producing plants behind the free enterprise ban- currently in operation. Mr. ner. As consumer advocates Navarro argues that the innote, the financing plans for creased demand forecasted by projects were cancelled between 1974 and 1978. In New , . conservation are cheaper and less of a risk than for centralized coal or nuclear plants. In addition, the recent appointment of anti-nuclear Congressman Richard Ottinger (D-New York) as Chairman of the House Subcommittee on Nuclear Power Issues lessens the chance of a federal bailout for the nuclear power industry. What's the future of this centralized power souce and the private electric industry as a whole? For the moment, there is a 35% surplus in electric generating capacity and, therefore, no" supply crisis. Opinion March 5,1981 6 utility companies is accurate, although the ten year chart of utility forecasts shows that corporations are always attempting to build two Or three times the amount of plants necessary. Mr. Navarro assumes a growth position which will never be accomplished with 20% interest rates. His entire argument is flawed by anticipated growth via new investment instead of ■ conservation installation. Navarro's solution is to federalize and regionalize utility production and take control away from. state regulatory authorities. He also advocates "temporary" aid to utility companies. He refers to this investment as petroleum displacement investment. Pro-corporationists, such as Navarro are attempting to have the federal government subsidize the utility industry, in the guise of reducing petroleum consumption. It is interesting to note that a proutility corporation advocate, such as Mr. Navarro resorts to anti-free enterprise models for arguments. He advocates federal standards for regulatory requirements, a nationalized CWIP program, and increased tax benefits such as accelerated depreciation. He goes so far as to say the federal government should take over the responsibility of regulating utilities. If ever' there was a program designed to help corporations avoid debate in the setting of policy, it is here. On the other hand, conservationists argue the' needed step is a moratorium on new plant construction involving strict construction standards and weatherization efforts. The anti-utility advocates municipalization of private utility companies, while the environmentalists suggest there is more than enough generating capacity for the next ten years. Amory Lovins suggests a "soft energy path" consisting of gas fueled cars, solar energy and hydro-electric power. Lovins' plan severely attacks federal subsidization of nuclear power and advocates a safe' energy future of renewable resources, and a shift away from centralized distribution. The utility companies obviously are opposed to this concept. Utility rate reformers are also active. Such New York groups as the Public Utility Law Project (PULP) and the Citizen's Alliance lobby against financing methods that encourage the building of new plants. The groups tend to agree that the accelerated depreciation tax treatment presently allowed by New York State encourages new plant building. Utility rate reformers also argue against allowing CWIP and advertising costs in the rate base. �Alumnus Feature UB Law Has Own Rock Star by Jimmy Kraus At first impression, the life Stein leads seemingly mirrors that of any typical third year law student. Completing his legal education, Stein attends classes and finds time to work part-time for a sole practitioner in his home town of Rochester. Like many other airplay and, more importantly, was licensed by CBS Records and achieved moderate success overseas. At that time, the record company did not take steps to develop the band because of perceived problems in marketing. However, the addition of Stein early last year along with another member change has graduating law students, transformed this hesitancy into Stein's life after law school is genuine expectancy. Already somewhat uncertain at this the band has become recogtime. What sets Roy apart from nized as the premier highthe masses, however, is the energy dance band in the fact that his destiny lies in the Northeast, a fact witnessed by group's eyes and ears of today's the repeated engagements in the showcase modern music performers. Roy Stein has pulled off a clubs of New York City as well remarkable feat. For the past as their selection to be the three years, he has endured the opening act for such top tourrigors of law school while chas- ing groups as The Pretenders. ing the dream most amateur These weekend gigs in New the fame York City, as well as their musicians share appearances and fortune associated with numerous breaking through into the upstate, are part of the band's mainstream of today's popular ( overall plan to become a moving force, in today's ffiiiSlc music scene. After playing with various scene. This plan also includes lounge and Top 40 acts, Stein the production of the band's was asked to join on as drum- material on both record and a strategy mer wjth the Rochester group videotape, New Math. This established necessary to bring their group had great potential but capabilities directly to those in had yet to achieve notoriety. A the music industry responsible record previously made by the for the development and proband had received some local motion of such new acts. Roy — Pep Talk Characterizing the band's music as "fast rock and roll", Roy relates the attitude of the group: "Our aim is to please those people who come to see us perform. Our music itself has no great social message. We have no show-offs in the band or any lengthy individual solo performances. We stick to the simple formula of basic three chord music with plenty of energy to get the crowd dancing and enjoying themselves." This mutual flow of energy allows the musicians instant gratification as to the performances they deliver on stage.' However, Roy acknowledges the misfortune of having this relatively new mode of music sometimes labeled as "punk Former law student Roy Stein sets the beat for his "new wave" rock group. Stein is hopeful that groups today including The something good will break for Police. By combining a law school the groupsoon. He realistically views the future success of the. education with his music band as hinging on the signing endeavors, Roy Stein has in a of a recording contract with a sense hedged against the usual major record company. The risks involved in the volatile band is fortunate to be music industry. If things turn associated with one of today's out well. Stein has the insights rock" and the like. "That label biggest names in the music in- into the legal profession to aid grew out of the bad social condustry producer Howard in protecting himself and the ditions in England where the Thompson. Thompson has band from unfavorable dealmusic of the time carried a previously handled the English ings with agents and the like. If strong message of rebellion," successes of such groups as the dream does not says Stein. "Attaching this Eddie and the Hotrods, The materialize, however, he, still name to all music with a Pscyhadelic Furs and the cur- has the benefits of the double somewhat similar sound rent number one group Adam life he has led. Regardless of damages the potential for pro- and the Ants. Thompson flew the outcome, Stein has effecmising music trends not to to Rochester this winter to tively proven the viability of mention the affect it has as to assist the band in recording pursuing an existence seemingturning off potential listeners." their latest single, "We Walk ly divergent from'a law school The less offensive term "new Among You." Also indicating education but, in the same wave" has more recently been interest in the band is producer sense, quite compatible when applied to this new music Myles Copeland, who also viewed together rather then > category. — very prominent handles some apart. Free Agency Has Deleterious Effect on Baseball by Joe Peperone The free agent systems in football, basketball, and hockey Well, sports fans, the ducks have been rendered almost have returned to O'Brian meaningless by similar comswamp, and that means only pensation plans imposed by one thing — baseball season is the owners in those sports. The upon us. For awhile anyway. chance of losing a popular or Last Wednesday, the Baseball important player has been too Player's Association voted to great to risk signing another go on strike May 29th if they team's player as a free agent. could not reach agreement Thus, there have been almost with the team owners on the no free agent movements of players in those sports, even issue Of free though the players technically tion. In a nutshell, the owners have the right to play out their voted February 19th to imple- options and go to another ment a free agent corftpensa- team. tion system. It goes into operaThe fact is, the owners are tion whenever a "Quality" desperately trying to save player goes the free agent baseball from themselves. route, leaves Team A, and Most owners decry the free signs with Team B. Under the agent system and, the huge owner's plan. Team B would salaries it has fostered, but not have to give up a player or they crawl over themselves for players to Team A to compen- the right to sign utility insate them for their loss. The fielders to $300,000 a year conowners see this plan as the on- tracts. A player with any talent ly way to protect their teams at all (12 wins or 20 HR's) on, from being decimated by the free agent market can,get player movements to the between $400,000 and $600,000 a year. And in these wealthier teams. The players, though, see the days of inflation, the term issue as it really is. Such a com- "superstar" has been devalued pensation plan would drive a to mean 15 wins or a .275 stake through the heart of the average, which has brought free agent system, a system these players contracts which has" made them so rich, sometimes in excess of one so fast. As it is now, team million dollars a year from owners sign free agents to fill owners desperately trying to what they perceive to be a buy that "one more player" hole in their lineup. If the that will win the pennant for owner's plan goes into effect, their trophy case. The Dave Winfield story is a they would be deterred from filling one position at the risk case in itself. Winfield may be of losing their own starter at a good player, but realistically, has consistently failed to play another position. Past experience has shown up to his potential. In his eight the player's position is' right. major league seasons, he has on rising, but are still the best buy in sports. Baseball remains the only major league sport you can take your whole family to see without going without food for a week. Which means that, despite inflation, the money is going to keep on rolling in, and everybody is going to be reasonably happy. That may end May 29th, however. Unless a compromise is reached between now and then, the strike will begin. The problem is that, given each side's position, there appears to be no room to compromise. If the free agent price spiral continues, the teams and owners which are less well off financially will be unable to compete for even average players, and those teams will this taking money. for player uncompetitive on the become After all, it was offered, so he to a drop in atleading field, took it. tendance, and a further loss of The owners admit they are revenues. responsible for the astounding salaries being paid this year in baseball. When polled by Sports Illustrated, they refused to blame the players for seeking these lucrative contracts, hit over .283 twice, has over 25 homers once, and has hit 90 RBl's three times. Last year his figures were .276, with 20 homers and 87 runs batted in. Yet, in 1981, Dave Winfield will make $1,400,000. The contract he signed with Yankee owner George Steinbrenner will be worth approximately 16 million dollars over a ten year period, and is adjusted for inflation, making the total package worth over 20 million dollars! I, personally, don't think anyone deserves that kind of money to play baseball. And I believe that deep down, he doesn't think so either. But I really don't think anyone can blame Winfield, or any other The players want to retain the.status quo, and will fight to the death against the im- plementation of any type of compensation plan. I believe m* there will be some sort of strike, and I think if that happens, the owners will end up losing. -They have the most to lose in revenue (after all, today a player can live well for a year on a month's salary), and have the weaker bargaining position, since' the players just want to retain the status quo, and aren't asking for additional salary or benefits. Actually, I don't give a damn what happens. They're all greedy jerks and deserve to starve and have their Mercedes repossessed. Translation: I have to study for the Bar Exam and I don't need the distraction now. I can skip the sports' page and go right to the comics. NEED RESUMES? and admitted the teams wouldn't be offering them if they couldn't afford to and didn't think they were investing wisely. The owners are getting rich much as the players. Although the owners never release their financial figures, \each team gets between one and three million dollars a year under various television contracts arid attendance is at an all-time high, getting better every year. Ticket prices keep just as Resume Typesetting 8t Copies Cover Letters Composing ACCU-TYPEsetting RESUME SERVICE 47 Christine Dr. • Town of Amherst (off Sweet Home Rd.) © 691-7480 - - - Quality Dependability Service Moderate Prices March 5,1981 Opinion 7 �British and Egyptian Espionage Equals Suspense by Peter Bergenstock The scene is Egypt, 1942. British Intelligence is on the trail of an Axis spy supplying Field Marshal Erwin Rommel with strategic information. Unless the spy and his radio broadcasts are stopped, German forces will push the British to the Suez Canal and defeat. The stage is set for Ken Follett's mystery novel The Key To Rebecca. Follett's beginning is captivating. The Egyptian-German spy, Alex Wolff, emerges from the desert like a phantom, his goal to intercept British military plans for North Africa. Wolff is successful. He lures a British courier into a liaison with a sultry Egyptian belly dancer, thereby gaining temporary access to information which he sends to Rommel. — his savvy, Wolff has left clues of his presence a dead British soldier who inadvertently discovered his plans, and a stream of counterfeit English pound — notes. The British are on to him, but their efforts are thwarted Wolff is an adroit spy he by red tape, ineptness, and received technical training in intra-departmental jealousies Germany in the arts of codes, within British Intelligence weapons, and disguises. Having grown up in Egypt, he also knows how to blend into the Cairo scene, whom to bribe and where to hide. But, for all itself. Not until the case is placed in the shrewd hands of Major Willaim Vandam are plans hatched for Wolff's capture. The Key To Rebecca, named for the code Alex Wolff uses to send his dispatches to Rommel, is a good mystery with crisp writing and well-paced action. In order to achieve some historical veracity, Follett includes "real" characters within the pages of his book. We see the Desert Fox, Rommel himself, conferring with colleagues about Wolff's dispatches. Follett also introduces us to other military figures, among them German Field Marshall Kesselring and British General Auchinleck- Follett even manages to weave young Anwar Sadat, an officer in the Egyptian army also involved in a movement to free Egypt from British rule, into the book. The presence of these real figures distracts from the plot as a whole since Follett gives us only fragmented glimpses of them, not any real character development. Still, the inclusion of the likes of Erwin Rommel and Anwar Sadat does add some historical spice to an already exicting book. Are Police Given License to Commit Legal Murder? - CHICAGO, Feb. 20 Most In addition to police use of states have adopted "fleeing deadly weapons, the incidence felon" statutes that allow local of excessive force, or street truth. That's what most people nual "Bar Revue" listing of believe from childhood it's dates, places, fees, and bar review courses for bar exams difficult to go against that." Because of the lack of sucin each state. A companion arpolice officers under certain brutality, also has caused a cess of civil and criminal acticle addresses the problem of circumstances to shoot at a sharp increase in public comtions, the Justice Department failing the exam and how to person who is suspected of plaints and alarmed the Comcommitting a felony. This use munity Relations Service, the Civil Rights Division and others of deadly force is the most U.S. Civil Rights Commission, believe that the federal volatile aspect of the police and the Police Foundation. government should take a Although these agencies, the larger rote in dealing with local brutality problem. "The Police are Getting ACLU, and community groups police brutality. Away with Murder," an article agree the problem of police . Barbara Brooks of the Civil by Phil Smith in the March brutality is growing, they do Rights Commission reports, by Therese Rahill issue of Student Lawyer, ex- not agree on how to punish it "Congress should enact some amines this problem and the or prevent it. Some think that legislation which would resistance that a complainant local police officials should authorize civil actions by the The time has come once again to tune up your guitar, encounters when he takes his bear the responsibility for setAttorney General against appropriate government or polish up that comedy act, test case to the police department ting the standards and then enforcing them. However, inter- police officials where there are out those vocal cords, or just or court. Smith writes, "At the heart nal discipline in police depart- clear patterns and practices of get ready to sit back and enjoy your peers entertaining. Plans of the debate is the question of ments has not been an effec- abuse." The cover story in this issue for the Fourth Annual Law whether a gun should be tive deterrent. A victim of police brutality of Student Lawyer is "Tempest Revue are now being made. To treated as a defensive weapon to be used only to protect the who is not satisfied with the acin a Test Tube" by Bruce Mays, refresh your memory, the Law officer, or whether it also tion of a police department which looks at recent Revue is the law school's own should be considered an offen- may bring a civil suit against developments in biogenetic version of a talent show comsive tool that can be used to the officer. The officer also engineering and the arguments bined with a night of partying. As those who have seen the prevent a suspect's escape." i may face criminal prosecution concerning regulation and conWhile federal law enforce- I by the government. These trol of new life forms. show in past years will tell you, ment agencies have chosen the i court actions likewise have not "Opening Fire on the Last you will be amazed at all the defensive approach, state I been successful in curbing Plantation" by John A. Jenkins hidden talent in O'Brian! In adstatutes have opted for the of- | police brutality because both examines the effects of dition, the show will include fensive. "The perception is j judges and jurors are lawsuits both legitimate the annual presentation of that under the guise of the -1 predisposed to favor the and frivolous that challenge Nude Law Professor of the fleeing felon rule the police i police. the right of Congress, often Year. As last year's winner, Philadelphia District At- called the Last Plantation, to Prof. W. Howard Mann, will are committing murder," Harvey Brinson of the Justice torney Edward Rendell exexempt itself from laws it tell you, it is quite a special Department's Community 1plains, "A policeman stands enacts for the rest of the counhonor. Ballots are distributed Relations Service told the for right and for law and order, try. after spring break and you'll be author. and a policeman tells the Also in this issue is the an- able to voice your opinion on — succeed the second time around. Student Lawyer is the monthly publication of the American Bar Association's Law Student Division. Annual Law Revue to Showcase New Talent — — 1981 Spring Dinner Dance Buffalo Hilton Hotel April 3 Tickets on sale March 16th to 31st, in front of Charles B. Sear's Law Library. II who you'd'most like to see in the altogether. Interestingly enough, in a school with twothirds males, a man has always won. This year's show is being dedicated to retiring Professors Jacob D. Hyman and W. Howard Mann. It will be held on Friday, March 27th at the Wilkesoh PUB, Amherst Campus. The show begins at 6 pm and lasts until 9 pm, during which time there are cheap drink specials and one can even order a bit of dinner while enjoying the show. The party does not end at 9 although the drink specials do, as the Pub opens to the general public at that time. The producers are still looking for talent so get a hold of Joe Peperone, Nancy Caple or Leslie Wolffe if you'd like to join in on the fun. , — — \^^^^^ ALL ARE INVITED! Tickets: . $13.00 per person $ 700 with senior ID - Sponsored by the 1981 Commencement Committee and ihe SBA � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-03-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/5/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6ce825f4e0db8369c6919f864c4bc5ee.pdf 1e862f205a978167785370156cd6946d PDF Text Text UB Faculty Adds Another Practioner To It's Ranks R.W. Peters SUNY/ Buffalo Faculty of Law and Jurisprudence has not lost a Birzon, but gained a Stiller, David Stiller will fill in for the recently departed Paul Birzon, and is expected to see evidence through to the semester's conclusion. Stiller is a graduate of Columbia Law School, where he was a Harlan Fiske Stone Scholar. This appellation is ascribed only to those enjoying the highest academic distinction. Professor Stiller is a homegrown Buffalonian, attending Bennett High School in his youth. He then journeyed to Cornell where he understook his undergraduate studies. On . graduation. Stiller joined the where he gained the rank of Captain. The new professor is an active practitioner, and has been in private practice for approximately fifteen years. He is currently a principal in the firm of Heimerl, Keenan, and Stiller. The firm is primarily involved in civil litigation, with Stiller's particular concentration being in the matrimonial field. Professor Stiller is Director of the Erie County Bar Association, a position which he admits keeps him very busy. Stiller's membership in this organization permits him closer contact with law school goings-on in general. Army, Stiller believes both he and the student profit from what each other have to offer. He benefits from the virtual refresher course he is forced to take each night before class, while the individual student profits from the practitioner's years of accumulated knowledge and practical experience. U.B. Law's new professor finds teaching very satisfying. Stiller believes many practiioners yearn to teach and do miss what pleasures academia can offer. Let us hope the travail of marking 140 Evidence exams does not dampen Professor Stiller's enthusiasm. Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 Y'Only the apathetic have no opinion ..." Volume 21, Number 9 State University of New York at Buffalo School of Law March 27, 1981 Loss Of Legal Services For Indigents Deemed Catastrophic by David Nelson Along with a number of poverty programs whose survival is threatened by the Reagan Administration's draconian budget policies, the Legal Services Corporation is facing its most severe political test since its inception in 1965. L.S.C, a. $321 million Federal program that pays the salaries of most of this country's legal aid lawyers and paralegals, has been targeted by the Administration to have its funding cut off or to be substantially reduced or restricted. The effect of such plans would likely minimize the L.S.C.'s ability to provide aggressive advocacy for low income persons in need of legal aid. The Senate Labor and Human Resources Committee recently voted to cut L.S.C.'s funding by two-thirds. Before this year is over, Reagan will be able to appoint successors for all eleven members of the L.S.C. board. The current Reagan proposal would make legal services funding part of the Social Services block grants, of which each state could spend as it saw fit. As the provision of most legal services for the poor is not mandated by law, the several states UB Law School Awards Convocation March 17, 1981 (Awards listed on Page 2) would be under no statutory 1970, Reagan vetoed a 11.8 obligation to adequately fund million Federal grant to programs comparable to the California Rural Legal present Federal program. The Assistance. Irked by that agenReagan block grant concept cy's success in blocking his would set each of the various cuts in welfare and medical aid poverty programs, of which to the poor and in forcing 21 L.S.C. is a part, fighting counties to broaden food amongst themselves for a por- stamp and school lunch protion of a reduced and inex- grams, Reagan instituted an inorably shrinking fund. vestigation of the agency, In addition to wiping out costing hundreds of thousands many offices entirely, the of dollars, when his veto was Reagan block grant proposal temporarily suspended. could subject those personnel Reagan charged the Califorable to survive to the political nia agency had "created furor whims of state and local of- and turmoil.. and had misus- ner." Dan Bradley, President of ficials. These are often the very ed taxpayer funds and... failThat particular Reagan L.S.C, put it this way: "Poor people the legal services ed in its mandated purpose of defeat, in California in 1970, is people will be denied their day lawyer must often confront in serving the true civil legal just one episode in what has in court and it will kill L.S.C" . court. It could be argued that it is the relative independence of the present Federal program which has antagonized Reagan and his allies. The Reagan criticism of the present system is that federal monies should not be used to pay for law suits which seek to enforce a judicial resolution of political and public policy issues properly left to the electorate. Reagan's disapproval of federally funded legal services for the poor is long-standing. As Governor of California in needs of the p00r..." "In all, 135 allegations of misconduct were made against the agency. A panel of three retired justices from different state supreme courts, commis- sioned by the Office of Economic Opporunity (which then funded L.S.C), subsequently investigated these charges and reported that "/n/ot a shred of evidence showing actual misconduct has been adduced. /the agency/ has been discharging its duty in a highly competent, efficient and exemplary man- . been a persistent conservative attack upon legal services for the poor. Despite this hostility on the right, the L.S.C. has been able, until today, to secure bipartisan support. It has been championed by the A.B.A. Under Reagan, however, things look bleak for legal services for the poor. Robert Kastenmeier (Dem., Wise), the head of the House subcommittee that oversees L.S.C, has stated that he is not optimistic that legal services for the poor would survive a federal shift to block grants. L.S.C. operates locally through Neighborhood Legal Services, Inc. Employing twenty lawyers and nine paralegals, N.L.S. is authorized and funded to provide free legal assistance to the poor in Erie County in civil matters. Their clients are the aged, the unemployed, the disabled and other poor and disadvantaged individuals who would otherwise be deprived of legal assistance. In addition to direct representation of individual clients in such areas as housing, consumer, family �Opinion Vol. 21, No. 8 March 5,1981 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Marc Ganz Ralph W. Peters Feature Editor: Lee Berger Photo Editors: Frank Bolz Business Manager: Jim Kraus Altreuter, Beckoff, Alan Doric Benesh, Peter Staff: Bill Bergenstock, Steve Gabor, Laurie Gross, Pat Jayne, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal Contributors: Therese Rahill, John Stegmayer © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Notice Opinion Elections Students interested in running for Editorial Board positions should apply in person by April 2 in room 623 (Opinion office) or by leaving a message as to their intentions. Cut In Legal Services Unwarranted President Reagan's decision to cut-back two-thirds of the funding for the Legal Services Corporation is astounding in it's shortsightedness and cynicism. We of the OPINION protest most strongly this ill-conceived action. The program has been a cost effective one since its inception. The Corporation provides one attorney for every 5000 poor people. The basic Legal Services Corporation entitlement is but $7.00 for every person satisfying Federal poverty guidelines. Given these seemingly unworkable parameters, L.S.C. has proven itself able to provide excellent legal aid to the needy. Reagan's decision fails on other than budgetary grounds, however. Cutoff of L.S.C. funding will effectively deny fourteenth Amendment rights—Equal Protection before the Law—to the poor. The poverty stricken will be graciously left with a paper guarantee as to their legal rights, but without the mouthpiece with which to assert them. The Legal Services Corporation is not some darling of the left. The legislation creative of the current national program was proposed by President Richard M. Nixon and Attorney General John Mitchell, two men not normally associated with progressive notions. The L.S.C. finds support for its tasks across the entire ideological spectrum of the legal profession. This wholesale denial of the poor's access to the legal system is inherently dysfunctional. The resentment, anger, and bitterness generated by this ill-considered action will take a terrible toll over the next decade. Ronald Reagan apparently believes the poor will now go out and find jobs, work hard, scrimp and save, get married, go to church, and when necessary, get their legal assistance from the private sector at private sector rates. It is unfortunate that a United States President in the 1980's is grounding his economic policies on the philosophies of Adam Smith and Herbert Spencer, men that have long been cold in their graves. Neither of these two men could have possibly envisioned a society as complex and legalistic as ours. Legal services for the poor has become indispensable. Corrections Opinion would like to apologize to (1) Bliss Cartwright for incorrectly reporting him to be the professor of Patents and Copyrights, instead of Professor Thorne McCarty. The course was one of several listed for which grades were still outstanding, (2) third-year law student Roy Stein for stating he had already graduated from the law school, and (3) the Women Law Students' Association for a headline referring incorrectly to the organiztion as the "OWLS." Although many professors requested an apology from OPINION for "wrongfully" including seminars in the list of courses for which grades had not timely been reported, we are not so certain that withholding grades from a majority of seminar students due to incomplete projects of some students is a valid excuse for late grading in seminars. On this last matter, OPINION will withhold apology Opinion March 27, 1961 2 April 1 Deadline! New Priorities For Parking? To the Editor: Editorial Photos by Bolz While several classmates and I were cruising through the parking lot, each disgustingly alone in our cars, ready to pounce on the first parked car that showed signs of life, yet bureaucratic another "success" showed its results. The first lane carpool-only spaces were only Vi occupied. Some of the cars parked there had tickets; they were those unthwarted by the posted threats to all who dare come forward as individuals. The other spaces remained empty, testifying to the success of this energy conserving method, while 10 other cars continued to drive in circles looking for a I don't think any, but it's a plan, and should keep the organizers of the carpool plan happy and busy. Let's all park by gas mileage! Four cylinder cars up front, sixes in the middle, and eights in the back. Those with five cylinder Audis can park in the driveway in front of the sixes; 12 cylinder Jaguars aren't allowed on campus. Diesels park in the University vehicle pool. For any given cylinder size, automatic transmissions must defer to manuals, and five speed manuals have preference over four speeds, unless the four speed has a sufficiently high gear overdrive. Carbureted cars will bow to fuel injected cars (either mechanical, electric, or throttle-body). A given car with fuel injection, 4 cylinder, and a five speed will legal space. I think a better solution is at hand. Instead of restricting spaces, let's just rearrange be allowed to select at ranthem so they can all be utiliz- dom, any space, and have the ed. What effect will this have? occupant towed away, so that he may pull in. University Police would be given training courses in auto mechanics so that proper summonses could be issued. They will be issued tools so they can break open hoods to check on cylinders and fuel delivery; year-long renewable search warrants for "all vehicles in Amherst" would be issued by the nearest disinterested magistrate. Further, owners of motorcycles may bring them into the classroom, and sit on them while taking notes. Portions of each classroom will have diagonal stripes painted on the carpet for such persons. I would imagine that by now, the parking planners have been whipped up into quasiorgasmic frenzy. May they stay so pre-occupied until the rest of us can leave. Ron Zarowitz 1981 Convocation Awards Course Administrative Law Am. Legal History Am. Legal Historiography Civil Procedure I Collective Bar. in Gov't. Constitutional Law I Constitutional Law I Constitutional Law I Contracts Corporations Estate & Gift Taxation Federal Income Taxation Nominee Erik Lindauer Kathleen McDermott Rick Kennedy Douglas Bantle Kimberly Kelsey Maureen Alston Robert Schwenkel John Ziegler Barbara Sundberg Joseph Skerpon I Thomas Course Federal Income Taxation li Fed. Post-Conviction Remedies Independent Study Labor law law & Public Education Municipal Law Property I Property I Property II (Public Control) Public International Law Torts Gick SECOND YEAR PERFORMANCE AWARDS: FIRST YEAR BOX AWARDS: FIRST YEAR Meiselman Award Nominee Maureen Sullivan Andrew Cataldo Michael Athans Dianne Avery Melanie Cyganowski Dianne Avery judd Ryan -- William Trask Lawrence Behr Edwin S. Brown Paul Murak 1. Lawrence Behr 2. Eric Lindauer 1. Christopher A. Buscaglia 2. Rick Kennedy 3. Murray Levine 4. Robert Schwenkel 1. Wendy K. Fechter The International Law Society will have its annual spring mixer and organization meeting on April Ist. The meeting will be held in Room 212, O'Brian, at 3. All those interested in international law please attend. �Jessup Team Returns From Iron City Victorious by Winsteadi Lome Weeks of hard work payed off for Buffalo Law School's Jessup team on selection of their brief as best in its division.Ten other teams, comprising as a whole the East Central Region, competed against the finals were held February 27-28. The regional was hosted by the University of Pittsburgh. All five members of the team argued their briefs before a very active mock panel of international justices. As is custom in international law, UB team. the judges were addressed as Finalists in this year's UB "Your Excellencies." Jessup competition were NanThe UB Jessup team learned cy Bridges, Caitlin McCormick, of the decision awarding them Boris Palant, Ralph W. Peters, Best Brief honors at the dinner and Robert B. Schultz. The following the last of the oral team split into two groups, one arguments. The Buffalo conside writing the brief for the tingent was presented with a applicant, the other writing for plaque signifying their acthe respondent. Much of the complishment. work was done over the The Jessup is the most Christmas break. prestigious international law The East-Central Regional moot court competition. Over 240 teams from twenty-two countries compete yearly. The brief, or memorial as it is termed in international law, will now be measured against the memorial finalists of the other ten United States regions. The winner of this national competition will have its memorial printed in the American Journal of International Law Societies. The winning memorial will also be the U.S. entry in the international competition. The overall winners of the East-Central Region were the team fielded by Washington and Lee, School of Law. Indiana, an early favorite, received no awards. Lucibello And Zarowitz Win In Recent Pittsburgh Competition The Trial Technique / Moot Court team of Wanda Lucibello and Ronald Zarowitz earned another victory for UB by defeating a team from the Dickinson School of Law in the semifinal round of the Pittsburgh Trial Competition on February 13. Co-counsellors Lucibello and Zarowitz successfully defended the Amicable Refining Company in a motor vehicle accident case involving a tanker truck and plaintiffs private automobile. Although the jury found for Little Improvement In Late Grading by Heather Byrne noted that of the nine courses for which grades have yet to be Despite growing student posted only two. Ethics and frustration and a week Gratuitous Transfers, are not the defendant. Judge Cohill of acted as witnesses for the vacation, only two more late seminars. The following are courses the United States District team, and received both the grades have been posted, Court for the Western District court's and jury's praises for McCarty's Patents and for which grades have not been Gratuitous of Pennsylvania also granted their realistic portrayals of a Copyrights and Joyce's Federal received: Transfers — Joyce; the UB team's motion for State Trooper, truck driver, Taxation I. According to sources in Ethics—Breger; Seminars: mistrial on a technical basis, and neurologist, respectively. after the plaintiffs counsel Third year students Lucibello Admissions and Records, Limitations on Subpeona previously and Zarowitz were selected to grades are to be submitted to Power—Halperir, Res. Seminar introduced excluded evidence. Judge represent UB by Moot Court that office no later than four in Constitutional Law—Mann; Cohill allowed the trial to Board Director Pat Jayne and weeks after the date of the Balancing —Katz; Selected continue, however, for the Trial Technique Administrator, examination. However, no Problems in State and Local Hyman; Professor Aaron Weinstein special allowances are made Government— purposes of the competition. Second year students after they both had won the for seminars and many Judges— Berger; Regulation of Institutions — Charles Elefante and Scott Robert Connelly Trial students request and receive Financial Oakley and fourth year Technique Award in the fall extensions for seminar papers Spanogle; Problems in Family and projects. It should be Law— Seipp. medical student Heidi Shale semester. Minority Students Encounter Discriminatory Practices Commentary: For the writer's purpose herein, minority students are defined broadly as AfroAmerican students. The unfortunate circumstance of minority students on campus today includes every conceivable method of race discrimination that existed during and after the period of slavery in American society. In effect race discrimination has as invidious an impact today institutionally and personally as has been experienced by any previous generation of AfroAmericans. The writer's ability to assert this proposition is suf- ficient evidence to point out the lingering effect -in this society of race discrimination based solely on skin pigmentation. Despite this the prevalent absence of minority professional faculty and administrators points to another institutional discrimination. What many colleagues fail to realize is the positive impact obtains the same results. On the other hand, the writer is of the opinion a sprinkling of minority role models will not alleviate the race discrimination problem. The past effects of race discrimination cannot be remedied by a handful of carefully chosen academics. Neither can an entire minority student body expect a radical institutional change in policy or otherwise on account of minority professional or administrative representation. Nor can the on minorities of minority role models. Whether one adopts a position that the current institutional plan is strategically designed or some other perspective accommodating present effects of perceived one's conscious; recognition of discriminatory policy and the deleterious impact of the practice in a pervasively lack of minority role models discriminatory system change / [Joel N ——_— • \ Wbat's wi+K 4*»* way «t| I +V\*«« p«op(* «.r«e dreited*? J I Xs H»«.r«. going ■*-• be I pa*l p«r+y ■for+zht. J « \ U«ua* »ehool J ">—<^ over-night by placements of person to occupy a professional or administrative posiministrative personnel. tion will be a professional or administrative person who At best, the endorsement of happens to be a minority or a a course of conduct consistent minority professional or adwith the tenor of right liberal ministrator. The writer's furmindedness of the previous ther concern is whether the two decades may evidence present administration and and inculcate the beliefs of a faculties are mentality prior moment. The goal reprepared, to implement an afmains at this late, date an adfirmative action plan with bite minority professional or ad- mirable one. The complex notion of taking affirmative steps to alleviate the present effects of past discrimination signals in this context a noteworthy concern. As phrased by a colleague the issue is whether the on this scale. William L Parker 82 NLG Plans Events The Buffalo Chapter of the National Lawyers' Guild will present the following events and meetings for the remainder of the school year. Monday evening, March 30: A general business meeting will be held downtown, location to be announced. This meeting will feature a discussion with Ernistine Robinson. Ms. Robinson is a member of the community group, BUILD, and she will discuss the Guild's potential role in jqing BUILD Thursday evening, April 9: At the law school, the Guild will present a discussion on Police Misconduct by Philadelphia attorney, Karen Detamore. Monday evening, April 13: A general business meeting will be held downtown, location to Barbara Morrison will discuss toxic_wastes. Time to be announced. Sunday, April 26: Lawyers' Guild Annual Picnic. Beer, food and political correctness will abound. Watch for details. Monday, May 11: Downtown business meeting. Thursday, May 21: Downtown business meeting. May 28-29: The National Lawyers' Guild's National Executive Board will meet in Detroit, Michigan. This presents a geographic opportunity for new and longstanding Guild members to influence and observe NLC national policies. Watch for details. EVENTS OPEN TO ALL! For more information: contact be announced. Monday, April 30: At the law Dave Nelson or Mike Wiseman school, environmental activist at 835-7486. March 27, 1981 Opinion 3 �Mr. Roche Mr. Sullivan Photos by Bolz Mr. Kiebala Mr. Conklin N.Y. Practice Course Breeds Mixed Reactions by Ken Levy are local attorneys, which is indicative of a pracNew York Practice has, been tical emphasis within the the source of much controver- classes. All instructors agree sy. The unfortunate death last this emphasis is important. year of Professor Kochery, who The course is problemhad taught the course in the oriented with one problem past, precipitated changes each in the areas of jurisdicresulting in the course presenttion and venue, statue of ly offered. limitations, pleadings and parA three credit course is now ties, and discovery and special offered in place of the four proceedings. These problems periodically credit course once taught by are due Kochery. This .year's class is throughout the semester. taught by five local attorneys: There is no final examination. Mssrs Wolf, Roach, Sullivan, The class is described by Kiebala and Conklin. All in Mr. Sullivan as "essential" for structors A.P.P.C. Approves Program Revisions by Marc Ganz On Friday, March 20th, the Academic Policy and Program Committee (A.P.P.C.) approved and sent to the law faculty revisions in the first year law school program designed to strengthen the common law phases of the program. Under the committee proposals. Torts, Contracts and Property will be taught in nine week sessions, with week breaks between the finals periods in November and February. There was a consensus within the committee to restructure the first year program so as to include in the first semester curriculum Constitutional Law, Civil Procedure and Legal Professsion courses. The second semester program would include Administrative Law, Criminal Law, and Dispute Resolution. Research and Writing programs will be conducted both semesters. In addition, from September until November, Contracts will be taught. Following the one week finals break, Torts would begin. In February there will be a similar week break. Property would start immediately after the finals week break. The courses will be taught three times a week. According to Dean Thomas Headrick, the proposal "makes for a more coherent Buffalo model than in previous years, but is nothing radical. Inevitably, there will be other changes." The faculty will meet On March 27th to consider the committee's proposals. Opinion March 27,1961 4 those who wish to practice in New York. 'Student opinion would seem to confirm this as almost all students who plan to practice law in New York take the class in their third year of law school. The Civil Practice Law and Rules (CPLR) and parts of the Criminal Procedure Law are studied as well as whatever other law is needed to solve each of the five problems. The course was intended to be a problem solving course. However, the classes seem to be "toobig" to be run in such a manner, according to Mr. Con- klin. In fact, Mr. Kiebala opines that the class has become more lecture oriented. The instructors generally agree class participation has required substantial work on their part. All of the instructors are teaching the course for the first time. The procedural nature ofthe course may be the source of some boredom in the classroom. Improvements suggested by law students are: (1) Analyze the CPLR through the context of specific problems. LfHII. ■■■■ 111lML ■■■■■MB ■■ WWaaMaSflfl _ BBJ |Wl'B# lIHI AmmAmmAmm. V m Qflfl ItAiOAIIC ■■■1 m k -V Hfc MMmrnMmWmW ■■%>*■ UVIIU oiuiiyiiiy iih uic N6W YOni ttai tXalll in to regular fjpu, lecures contained in the winterand J summer courses. THey did so because: „„ • • altowssturJentetobeadminadtotheNew have accurately forecast many ol questions appearing on past New York and Multistatebar examinations The faculty is composed of prominent lecturerson New York law. Multistatelaw and tr» New York tor Examination The 1981 lacutty wi include: BAJVBW otters written summaries of a* the law tested on the New YorkBar Exam-both Meallaw and Musstlate law. Students learn Ihe substantivelaw before going to class. Class time is spent focusingon New YorkBar Examination probterns. on hypotheteats and on the substantive areas most likely tobe tested ontheexam Prot Richard Conviser BAR/BRI Staff prof Richard Harbus. New York Law prof. Stanley Johanson. v. of Texas Law Prof. Kenneth Joyce.SUNY BuffaloLaw Prot. Qary Katrjar. Syrafcuse Law Prof. JeromeLeaner. Brooklyn Law Prol John Move BAR, BRi Staff Law Ho Uw Faust Rosa. CornelLaw S"°£. £* A^'??™*A ™?? ""* £2££^5&U BAR/BRI has an unparalleled testing program-torboth the Multistateand New York tocal portions The testing w«inckjdehurx*edso(Multrstaleand -ZL-THS-m , ?^! l!l i!!! L. Pfof. Charles Whitehead. U of Virginia Law Prrt Irving Younger. CornellLaw be a ,<^fe home and questions done m classunder sxnolatedbar exam condrtons Selected Multistate questions will be center-graded, and selected essays will t»»xJvir*>a*grarJedand critiqued by ?* • BAR/BRJo«am aspecial "Take 2 Bar FKstne'"* program Thisprogram ._ They W lust sxpsrte «. sub«ar*»bm.the high 80s. " T BAR/BRIhas the only New York bar review lecturer ever to receive five minutes of sustained applause for hrs lecture on New**attorneys I It>l /Tl/A Ja« 4oi snenmiMnui I i)Y(/ II flTmWml m "•" v ,ooo " "" °"' Wmfm sW»i2's»«.3e»B New York's Number One Bar Review. ' sows? Bar arxl another MutAstate Bar Yc<k iu>*°« —- If a sturjent signs up forNew York, does S* BAR/BRI otters a f»» transfer policy. not mark his or her books and elects to takeanother statebar instead, all monies . ~" paid wiH be transferred to theBAR/BRI course in that state " BAR/BRtotterstH>KM—l nUcdon ")■ ot courae sites and saows students to locations. Anticipated *■•» course••** locations for 1981 indude: 55SL. BrooWyn Bufteto Chartonesv* Chcago Durham U? m,>*"'d EUSL. n 'JEKu.**«»■ Pat Dooley Mike Doran Joe Ruh John Feroleto Paula Feroleto *£2?£L_ New** PhterMbHa Oussns County nochsmr SuWkCounty ' Arthur Scoot Garfinkel Tanya Harvey Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Mark Suzumoto Richard Roberts Karen Russ nr . .•—.-.T_ Nm^m,CaM Bar/Bri is pleased to announce the addition ol Dean loseph McLaughlin of Fordham Law School to the Bar Review teaching staff. Dean McLaughlin will be teaching New York Practice. See one of the following student representatives Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ellen Dickes aBAR/BRI #e^Zp^^£iW This programis addition the Twice as many as all mapr taw schools test year, students taking BAR/BRI passed the New YorkBar Exam on the first try with a 'percentage in Ihe 90s and tory job. notetaking necessary in #■>***■■■■*.■■ rnmhlnarl ■SwiiiiwllWll. professors. Of the unsatisfied students interviewed, most had no suggestions as to improving it. The majority of students seem to feel the only problem with the course is the inherent dryness of the materials and that the instructors are doing a satisfac- •^ssssSin, took BAR/BRI. other! I maarmnat VWUrajsjai lectures Locations *eady guaranteed videotape tor Summer 1961 include: Albany. Boston. Butlalo. Hempstead-lthaca. NYU/Cardozo area. Queens County,, Syracuse, Washington DC. and Westchester County aJP M 0 mm 0M * m*AtmMm AHIMIHMM I JM* MSiafta. UM ■PB ■■■■ aiß BBBv Practice In Mirjtown Manhattan, only BAR/BRI has rxinsistentty ottered two Sw sessions(morning and evening) during course. Afternoon videotape me summeravatar*, m ourlargerlocations replays are outside Manhattan, we otter videotape instead tf-aurJotape. mmAakAm.Amm,amAAmm. mjaam, York prepared by distinguished law cotaw ommtmmtmaaW maa mm Presently, the materials are taught by reviewing the CPLR more generally and then applying the law to the problems and, (2) purchase specific New ' �Prof. Weinstein Recalls Close Call With Death During WWII by Anne DiFonzo The second largest naval disaster of World War II was one of the best kept secrets of the War. The sinking of the HMS Rohna on November 26, 1943 claimed the lives of over a thousand U.S. troops. One of the survivors. Professor Aaron Weinstein, serving as a Red Cross worker, was on board ship when it was bombed. Though the story went largely untold for many years, it was never forgotten by those who survived. The Rohna left port at Oran, Algeria, as members of a thirteen-ship convoy headed for India and a more permanent assignment. The route they traveled was known as "Suicide Alley" because it was within easy range of German bombers. In fact, this was the first time in two years that the route had been used for convoy passage. It was about 3:30 PM when the Nazi planes hit the convoy. Heinkel 111's and the bigger 177's, along with Focke-Wolf Kuriers and Dornier 217's attacked the ships. The escort ships defended the convoy, and within 40 minutes it seemed as if the explosions were at an end. The pulse of the machine-gun fire faded away. Planes pulled up. The convoy was left intact. It was 4:30 when two more planes were spotted. One of the planes released a glider bomb, but no one aboard the Rohna knew exactly what it was. At first it looked as if it would miss, but a crewman in a Heinkel 177 made a course correction ( on the controlled bomb. There was a huge flash. What had once been the engine room was now a mass of flames. The ship was sinking and everyone aboard was aware of this. There did not seem to be much hope for survivors. Aaron Weinstein, one of seven Red Cross workers aboard ship, was talking to an Army officer in the corridor when the bomb hit. The blast ABA Denounces LSC Cut CHICAGO-We are deeply disturbed by the President's reported recommendation to eliminate the Federal program providing legal service for the poor. The proposed elimination of the Legal Services Corporation is unsounded, unwise and not in the nation's best interest. Eliminating this important program committed to ensuring access to justice for the nation's poor will, in the long run, cost our society far more than any immediate dollars we may save. The Corporation has been a Loohole© by hal malchow successful and cost-effective program. It provides the opportunity for the disadvantaged to obtain access to the legal system and seek enforcement of their rights through the traditional justice system. Moreover, the Corporation provides a sound base in many communities for the development and continuation of voluntary programs through which the private bar provides legal services to the poor without compensation. The effect of this partnership between government and private enterprise is also threatened. to sent him tumbling to the floor amidst rubble and debris. "It was like falling down, down into a bottomless pit. I was too surprised to know whether I was hurt. I just began fumbling through the wreckage for the stairs." There was darkness everywhere because of the lack of generator power. Men scrambled from the flaming hold to reach the lifeboats and possible safety. Some simply couldn't get out. They died because they couldn't climb to the top deck. Eventually, only eight of the twenty-two lifeboats were launched. Many of these capsized or sank before anyone could use them. For the most part, the soldiers relied onthe 101 rafts and their own life preservers. Though the ship finally sank at 6 PM, for many of the survivors, the ordeal was just beginning. It would be ten hours before some were rescued. Some would never be found in time. Weinstein was alone in the water, bobbing in the waves. Panic gripped him when he felt his life preserver failing him. "In that awful moment I felt I had to live. I had to see my wife who was pregnant with our first child. I had to see that child." Then suddenly there was a swish of water and an oar floated to him. He grabbed it and hung on. Though many were picked up by British rescue ships within a few hours, many also slipped under the choppy waters. Weinstein was rescued about ten hours later by the British destroyer Holcombe. A voice called to him, "Crab the life preserver." He reached for it and put his right arm through, but he couldn't unclamp his left arm from the oar. Finally, someone grabbed Weinstein by the hair and pulled him aboard. The next day the following story was released by UPI: The Algiers, Nov. 27 Cermans used their most formidable bombers '-*• giant Focke-Wolf Kufiei-s and — — — Heinkel 177s in a heavy attack on an Allied Mediterranean convoy yesterday, butfirst reports showed today that damage had been negligible and the enemy had lost nine planes... For those who had lost their lives that day on the HMS Rohna, there was to be no recognition for many years until government security regard- ing'the disaster was lifted.'But for those who survived, they relived the nightmares many times over. One such survivor, U.B. Professor Aaron Weinstein, gave his son Mark the middle name of "Holcombe" in lasting memory of the British destroyer Which pulled him from the deadly waters so that he ntay-live to return to his Wire and unborn child ■■' Nuclear Control Bills Approved by Marc Ganz Task Force on Nuclear Safety. The special committee determined several problems exist with respect to development and continued operation of nuclear power in New York.; They found there A comprehensive package of legislation designed to ensure the safety and economy of nuclear power in New York State has been approved by the New York State Assembly. was no, fund to pay tor the The bills,* sponsored by eventual decommissioning of Assembly Speaker Stanley Fink existing nuclear plants. The (D.-Brokklyn) are designed to absence of such a fund creates give the state a leading role in a potential unexpected cost defining its role in overseeing for either ratepayers or and controlling the power taxpayers, and the committee determined a sinking fund industry. The legislation is in reaction should be established to to an analysis of a hearing provide for the cleaning up of conducted by the Speaker's old nuclear plants. The special committee also found there was a lack of emergency preparedness plans throughout the state, and especially within a few miles of nuclear power plants. The Assembly passed legislation which would,establish a utility paid fund 'for preparedness planning and reimburse State and local governments in event of an emergency. The bill also calls for limited testing of emergency preparedness plans, including voluntary movement of limited population groups near selected nuclear plants. There are also provisions in the legislation concerning transportation of nuclear wastes and occupational safety monitoring. The chance of passage this year are unknown, but in the past the Senate has not considered the measures. The State Senate Energy Chairman, Committee presently Dale Volker (R.-Depew) has the power tip set agendas and he has decided not to place the Speaker's bill on his agenda. Assemblyman Fink has started a grassroots campaign for passage of the legislation, including sending letters to leading environmental groups throughout the state. Volker opts for alternative legislation that mandates the State Energy Department to place monitoring agents in every New York nuclear power installation. These persons would have the power to close the plant down in case of either emergency or poor management. As Speaker Fink wrote recently, "This year we hope the Senate will agree with us that the nuclear power industry is financially and technically able to achieve the high standards of performance which this legislation would require." March 27, 1981 Opinion 5 �Buffalo Public Interest Program Seeks Proposals The Buffalo Public Interest Law Program is presently seeking formal project proposals for its 1981 summer internship program. Over the past two years, BPILP has funded a total of five positions with Legal Services for the Elderly, Prisoners Legal Services, and the Protection & Advocacy Systems for Developmental Disabilities. Each internship has run for a $1500. The program is looking for project ideas submitted both by agencies and organizations, to utilize reserach and writing both within and without the skills, and should provide for law school, the number of insome degree of client contact. ternships that will be available The project should be design- for this summer will depend ed so that the intern will be upon the outcome of BPILP's and by individual students. working under the supervision The standard criteria for a pro- of one or more attorneys. These are only standards, posal are the following: the however, and not rigid reproject must be public interest quirements. and law-related, should be All students are eligible to geographically based in apply for the internships. Since period of ten weeks (beginning Western New York, should of- the funding of the internships in June) with a stipend of fer the intern the opportunity is based on contributions from Car Denied Rights In Unusual Proceeding Automotive News 312181 PITTSFIELD, Mass.-A 1968 Cadillac recently had its day in court here in a rather bizarre case. Officially known as "The Commonwealth vs. the 1968 Cadillac deVille," it was really represents the car and its owner, Arthur Roucoulet, 27, of Pittsfield, protested the state's attempt to seize the car before Roucoulet's trial on drug charges. Cohen claimed the attempted seizure threatened his client's Fifth Amendment rights against self- an attempt by Berkshire incrimination. County prosecutors to Flournoy asserted, though, confiscate an aging brown "We are suing the car, not him luxury car that, prosecutors And the car doesn't have any claim, was used to transport constitutional rights." Its guilt, unlike the illegal drugs. The car is currently being defendant's, doesn't even have held without bail at a State to be proved "beyond a Police garage In fact, the reasonable doubt," she said. As long as the state can vehicle even had its own establish that attorney. the The theory behind naming "preponderance of evidence" the car, said Lee Flournoy, an supports its contention about assistant district attourney, he car's illegal activities, it can was that any item used in the be seized, she said. are If prosecutors commission of a crime is legally considered to be part successful, the car will be sold and the proceeds used to of the crime. However, defense attorney further criminal investigations, Cohen, who Flournoy said. Leonard Opinion March.i.27, 6 m*.« fundraising efforts. groups as soon as possible. Students with proposals of their own are also encouraged to submit them. Proposals should be submitted to: All project proposals must Buffalo Public Interest Law be submitted by April 3. Program, Inc. Students or faculty members Box 90 who know of agencies or John Lord O'Brian Hall organizations that might be in- SUNY at Buffalo Law School terested in submitting a proposal should contact these Amherst Campus Buffalo, New York 14260 �Loss of Legal Services Mixer Pix Threatened and welfare law,- N.L.S. could harbor the illusion that action because that's the most they are engaged in "changing expeditious approach for that the World" or in any way usurp- case." ing the political function of the Edelman noted that N.L.S. electorate. "At N.L.S," she attorneys have long had to continued, "the large bulk of operate under budget variety of areas. our cases, at least 80%, are restraints. A Courier-Express Lynn Edelman, a graduate of day-to-day hearings, representeditorial of 3/19/81 notes "The this law school and an attorney ing poor people in the areas of basic entitlement for an at N.L.S. and President of Buf- landlord-tenant, welfare, and area with a legal services profalo Legaj Services Workers social security, and in divorce gram ($7 for every poor person Union, commented in an inter- and disability proceedings." meeting poverty guidelines), view with the author that the Speaking of her own work, would not pay for five minutes Reagan criticism of legal ser- Edelman noted, "I am now car- of a client's time in many vices for the poor is "naive and rying some 60 cases. Of those, private law offices." Because degrading". Naive because, ac- 30 to 35 are housing cases. On- of their limited financial cording to Edelman, no one at ly one is a class action, brought resources, they often cannot all familiar with the work that on behalf of all the tenants in engaged in the costly legal services attorneys do one housing project. It's a class discovery procedures which engages in impact litigation, legislative and administrative advocacy, community education and the representation of community groups in a wide private-practice attorneys can freely undertake, secure in the knowledge that the client will pay the costs. Edelman is skeptical of the private bar's ability to absorb the tremendous need of the poor for legal assistance. Her frustration and anger were apparent when she expanded upon her characterization of the Reagan attack upon L.S.C. as degrading: "Our job," she said, " is to enforce existing regulations and to defend our clients rights. The main problem is that people don't think that poor people should have rights." Sure-Fire Ticket To Wall Street LEGAL EDUCATION State University ofNew York at Buffalo Faculty of Law and Jurisprudence Buffalo, New York 14260 j.D. expected May 1980. Class Rank: 10% Honors Grades:, would have been appreciated in the following courses. Corporations; Enterprise Organizations; Evidence; Torts; Contracts; Federal Tax 11;Constitutional taw I; Constitutional Law II; Constitutional Law IV (seminar on Presidential Powers); Constitutional Law XXIX (research seminar on Lockhart, p. 429, note 3, par. iv vi or Gunther, p. 633, sec. B, line 4, 3rd word in.); Commercial Paper; Legal Profession III; The Legal Implications ofThe William Tell Overture (seminar). LSAT: 797 November 400 July 397 HONORS AND ACTIVITIES: Buffalo Law Review Received defective complimentary copy of Vol. 28, Number 1, - Charles S. Desmond Moot Court Competition Finals Sat in third row and attended free cocktail party following the arguments. Charles S. Desmond Moot Court Competition Best Briefs Accidentally revealed during post-banquet party. Buffalo Legislation Project to slice BLP's budget to facilitate more videotaping of SBA meetings. , Buffalo Consumer Mediation Service ■'Is Elicited their aid in dispute with Echo II over defective bong. Buffalo Legal Aid (Clinic) Former frequent (and well-liked) client. Sea Grant Fellow Spent several hours in law library searching for anything published by one. Student Bar Association - Former president resigned for personal and compelling reasons (e.g. membership on law review, important long-distance phone calls) Research and Writing Instructor Couldn't believe it when mine gota raise. - Law School Journalism The Opinion Read every other Thursday. LAW OFFICE EXPERIENCE Philledup, Lyres, Hafcrocked, Blinde, and Hubris Y p°er Jsonali ed form letter sigrjed by an associate's personal ßecel v ed my resume (C.0.D.). BMffa Z secretary offering to return Jaeckle, Fldschmann, and Mugel BU Y o areas of Future Interests and Estate ecdved ratings of "qualified" from a senior partner in Planning. % March 27, 1981 Opinion 7 �Pep Talk Sporting Rules Made To Be Broken? by Joe Peperone L.P. Malfitano of Canastota, N.Y. suggests the rule be Every sport has its rules of abolished that makes it a which every participant is to strikeout if a player bunts foul abide by. However, the with two strikes against him. propriety of some of these rules He believes the rule deters is questionable to say the least. players from attempting to bunt — one of the more ex- citing plays in baseball. The cry of "There oughtta be a law!" is rampant both in the law school and among the sports fans of America and Canada. Everyone can always think of a rule which should be passed, or an old one which should be abolished all in the name of improving a sport. Since I'm in the mood to start a few arguments, here are my suggestions, and my comments on the suggestions of others. In baseball, the DH controversy continues. Some purists believe the designated hitter rule, which was instituted in the American League a few years ago, should be abolished, and pitchers be — required to bat. Others think the DH is a good idea, since watching pitchers attempt to hit isn't their idea of excitement, and want the rule extended to the National League. The odds are that the National League will adopt the DH within two years. I think the rule is a good idea. It operates to extend the playing careers of some very popular players who have lost some speed and defensive skills, but are still good with the bat. We'll just have to wait and see. T. Cick of Trinitron, N.Y. disagrees. He believes such a rule change takes away from the managerial decisionmaking which makes the game so interesting. He also believes that when, for example, a poor hitter is in a bunting situation, he will be told to bunt with two strikes anyway, since the alternative may be a double play. Another proposed rule of Mr. Malfitano's sounds good, but would probably be difficult if not impossible to implement. It provides that, if the umpire believes a pitcher has deliberately thrown a brushback pitch at a batter, the umpire would have the discretion to award the batter first base, as if the pitch had hit him. The problem inherent in such a rule is that it would force an umpire to guess the pitcher's intent on what may have been merely a bad pitch, and therefore mistakenly affect the outcome of the game. Passage of this rule is doubtful, but could be more likely if the brush-back problem intensifies in major league play. Football rule changes are presently in the news. The NFL; owners recently proposed a rule to limit or ban the use of "stickum" by players. Oakland go on to the championship defensive back Lester Hayes game, then they should have made the substance famous the opportunity to have the last year when he slopped game played here. The team almost a pound of it all over with the best record in the conhis hands, helmet, and uniform ference should have the right in each game, so he could bet- to host the championship ter hold on to the ball. The game that's all there is to it. owners want to avoid a repeat Now we come to the sport of a celebrated incident of last which may just need rule — — hockey. year when Hayes intercepted a changes to survive by the infamous pass and then gave a team- Led mate a "high-five". It reported- Philadelphia Flyers, the NHL is the instigators of fights. Most ly took doctors four hours to setting new penalty records fights are caused by a thug separate the player's hands. Another change being discussed is to guarantee each team in an overtime situation at least one possession of the ball. This rule would prevent a team from losing an overtime game without ever touching the ball, which is the situation now if a team wins the coin toss, drives downfield, and scores. For fairness sake, this deserves to pass. The NFL Competition Committee has proposed a rule, however, which definitely should not pass. They have asked the NFL owners to approve a rule which would require all conference cham- pionship games be palyed in "warm weather cities". It's not just coincidence that the Dallas Owner proposed this rule. He just doesn't want to go up to Minnesota and lose anymore. Football players are big boys, and a true championship team should be ble to win in any weather. If the Buffalo Bills have a great season, attract consistent sellouts, and THE STUDENT BAR ASSOCIATION AND THE 1981 COMMENCEMENT COMMITTEE Cordially Invite All Faculty, Staff, Administration and All First, Second and Third Year Students TO The SPRING DINNER DANCE Date: Time: Friday, April 3, 1981 Cocktail hour at 7:00 p.m. Dinner at 8:00 Dancing at 9:30 p.m. Place: Tickets: The Buffalo Hilton $7.00 for 3rd Year Students with I.D.s $13.00 for All Others Price of Tickets includes full dinner with wine and dancing. Tickets can be purchased outside the Law Library. ALL SALES FINAL! All Tickets MUST BE purchased by March 31, 1981. Opinion March 27, 1981 8 every day. The rights are getting uglier and uglier, with no end in sight. Frankly, it's a disgrace to any fan who truly loves hockey, Olympic style. NHL President Ron Ziegler has gone on record as welcoming the Flyer's tactics, since they sell tickets, and the owners seem powerless to deal with the problem. Nevertheless, I am going to propose a few rules that should be looked into by the owners and the players to end the current trash which passes for hockey. I'm sure anyone who saw the Flyers-Maple Leafs game last week will agree that trash is putting it mildly. First, do what the colleges do. When a player drops his gloves or beings to fight, he should be kicked out of that game and the next one. The penalty for fighting should be swift, severe, and predictable. SEcond, get the goons out of hockey. A player should be "allowed" to accumulate 200 penalty minutes a season. When his quota is up, his season is over. If the player is getting close to the limit, it should be a warning to his coach to have him play a little less, and let a real hockey player play a little more. Finally, the NHL should go back to its old rule a two minute penalty is a two minute penalty. It should make no difference that a team scores a goal on the power play. This rule would make penalties cost a bit more, and perhaps make a coach think a little more before he sends his goons out on the ice. The NHL and the league officials have also go to punish — beating up on a good player. The macho image in the NHL as it is, both players go at it and the "bad" player's team gets the advantage. Both players go off'for five minutes, but which team is really hurt? The NHL has to go to the defense of its quality players or they'll all end up laying on the ice some night, in a pool of blood. Two non-fighting rules have also been tossed about. One would eliminate the red line, which would speed up the game by eliminating two lines offsides. That rule has been experimented with by the colleges. Another, proposed by Justin White, is such a good idea that it will probably never pass. He thinks the NHL, as a safety measure, should stick the net into the ice by means of balsa wood, or another similar breakaway material, rather than the iron pole they use now. Such a change could have prevented serious injuries which befell two superstars this year. Gil Perreault was tripped from behind in a game in January and slid, with great force, into the goalpost, breaking three ribs and missing eight weeks. With a breakaway support, Perreault would have knocked the net off the support and perhaps not have been as severely injured. Balsa wood supports could have saved Hartford Whaler star Mark Howe a lot of pain as well. Howe slipped and fell onto the iron pole support after the net had been knocked away, piercing his back and missing three weeks. On the whole, I guess he would have rather been punched in the mouth. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/27/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/25d196c79f7288d5b6ef124d132b80b5.pdf 9e1d2c5ee9e5fe2a48fc8dbf80fafdc5 PDF Text Text Cartwrights Legal Institutions: A Question of Competence? by Joe Peperone taught, and spoke with both Professor Cartwright and Dean Upon hearing complaints Thomas Headrick. His report from first year students atten- follows. ding Associate Professor Bliss i Cartwright's Legal Institutions Twice a week, for 75 class. Opinion reporter Joe minutes each, the first year Peperone set out to determine students in Section 111 attend a whether the complaints''were class called Legal Institutions, justified. He attended ' two taught by Associate Professor Legal Institutions classes, inter- Bliss Cartwright. The course atviewed students who were tempts, through the use of against, and for, the course as social science studies, graphs Non-Profit Organization US Postage PAID Buffalo. New York Permit No 708 . and statistics, to give the students a basic understanding of how judges, lawyers and legislatures use data to reach their decisions. The goal of the course is to enable the students taking it to analyze data and be able to use it, or attack it, when they encounter it in litigation in the future. The basic complaints I heard about the class before I attencont'd, on page three — Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14 260 ['Only the apathetic have no opinion Volume 21, Number 10 , State University of New York at Buffalo School of Law April 9, 1981 Many Seniors Will Be Unemployed at Graduation by Jim Kraus As another year of study draws to a close, the current class of graduating law students prepares to clean out their lockers, unload their case books and whistle "Pomp and Circumstance." However, don't be surprised when someone tells you that roughly 70% of the Class of 1981 will attend graduation without knowing who will be supplying the bacon which they are suppos- used by Placement to describe the status of those students who have found work with which they are satisfied regardless of their having passed, failed or not taken the bar exam. That is, if a law graduate those with less than ten at- torneys. The results of the employment survey of last year's class can be further delineated: of the 203 students who have found employment, 114, or is working a transitory job until 56% are working in private something breaks, he would practice; 20, or 10% are not be deemed "employed" employed by the government; for the sake of Placement's 18 or 9% are working in the statistics. Therefore, only a tru- area of public interest/service; ly employed graduate is 17 or 8% work in business posireflected as one. Additionally, tions; 17, or 8% are judicial 17 students, or 7% have pass- clerks; 9, or 5% have taken positions in academia; and 4, or 2% have joined the JAG Also, this particular survey showed a growth of employment in large firms as well as a doubling of those hired in Rochester, as compared to the results of one year earlier. Recently, the Placement Office attempted a survey of the second and third year class members who had taken part in the on-campus and New York interview sessions. However, due to the pathetic lack of response and errors in some {>f those which were timely returned, no credible results could be elicited from the survey. Therefore, no specifics as to this year's interviewing experiences and results are readily available. Soon, however, seniors will be asked to fill out and return Alumni Directory Forms which will provide the Placement Office with information as to each student's whereabouts" as well as providing their employment situation. It is from these forms that the yearly Alumni Directory will be put together sometime next year. Corps. Audrey Koscielniak, Assistant Director of Placement, remains optimistic about UB law students' futures. ed to bring home. That is, if ed the bar exam but have not past history rings true, only found employment, while the about 30% of the class will remaining 12, or 5% did not have confirmed job offers for pass or take the bar exam and, the fall of 1981. because of this, are not While the above figures employed. might seem somewhat startTherefore, the rough ling, Audrey Koscielniak, Assis- estimate projecting 70% of the tant Director of Placement, Class of 1981 to be believes the employment pic- unemployed at graduation ture at graduation is hardly in- should quickly dissipate dicative of the opportunities downwards to about 10% awaiting those law students within one year. Audrey who have not found jobs at believes.one main reason for that time. Finding the job this lies in the inherent nature market this year to be of the small firms which cansomewhat similar to that faced not afford to take on a "highby other recentclasses, Audrey priced law clerk" until that instresses the findings of a cur- dividual has taken and/or passrent employment survey of the ed the bar exam. Reinforcing Class of 1980. this notion is the fact that The Placement Office was employment surveys of recent able to contact 232 students, graduating classes have shown or 95% of last year's class. Of approximately 25% of responthese, 203, or 88% have found ding students are indeed, "employment", a term of art employed in small firms, i.e., ter understanding of this year's New York, students must employment situation will result. Audrey stresses the importance of every graduating stu- become aware of untapped job possibilities. Only by actively working the job market can a student expect to really dent responding even if they find out what lies ahead as far are without jobs at this time, as employment is concerned. Although Alan Carrel, since those students will receive feelers from Place- Audrey, Chris Moon and the ment as well as the monthly rest of the Placement staff can Employment Bulletin. do much to help a law student Along these same lines, the secure a job, the burden is on Placement Office definitely the student to employ Placewants to keep ongoing comment's constructive advice as munications open with those a tool to further track down graduating law students who employment. Those students have not found employment. It without heavyweight credenis important that unemployed tials must, in most cases, work graduate law students keep in somewhat harder. touch with the Placement OfWhat it comes down to is fice since law firms will con- the fact that no one is tinue to contact Placement guaranteed employment simpwith immediate job openings. ly because they weather out Also, it is not unusual for a three years of graduate study Buffalo Law Alumni to contact in law. The profession has the Placement Office with in- allowed itself to become formation concerning an im- bloated with practitioners in a mediate opening and ask the way unsurpassed by any other Office to contact those comparative occupation. Until students still looking for work. some sort of limitation is devisThis is a main reason, Audrey ed, the situation is bound to states, that those without jobs degenerate. It is for this reason should periodically contact that students in years to come the Placement Office to make must alter their employmenttheir employment status seeking strategy from that usknown. Furthermore, since job ed by their predecessors. This openings also tend to occur alteration may take place in including after the bar results are releas- many ways ed, this ongoing communication seems imperative. All in all, nobody can rightfully contend that the Placement Office is the source of their unemployment. While Placement can open the doors to interviews and help with tactical strategy, students owe it to themselves fo be alert to specialization of study, chang- ing geographic target areas and fully investigating nontraditional jobs for those with a traditional legal education. It is only by this realistic viewthat future classes will be able to forego the employment bottleneck as it now exists. After all, it does" take opportunities and make their something away from your own breaks. Students in years stint here to be accosted by The Placement Officewould to come must not be lulled in- the fact that possibly seven like to see aruearly response to to the false sense of security of out of ten students receiving these forms, which should be having a Placement Office on their juris Doctor degrees on available this week. In fact, if hand to find them employ- Graduation Day will walk the majority of these forms are ment. Given the market condi- away not knowing where their returned within a week, a bet- tions, especially in Western futures lie. . �Vol. 21, No. 10 Opinion I April 9,1981 Editor-in-Chief Student Evaluations Sought in Cartwright Tenure Decision Managing Editor Bob Siegel News Editor: Feature Editor: Marc Ganz Ralph W. Peters Photo Editors: Lee Berger Frank Bolz Business Manager: Jim Kraus Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Joyce E. Funda, Steve Gabor, Laurie Gross, Pat Jayne, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal Contributors: Gemma DeVinney, Ron Winter © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Editorial Cartwright Should Be Denied Tenure - miftee will decide whether ProCartwright will be Open letter to students who recommended for tenure and have taken Professor Bliss promotion to full professor. Your letter, which can inCartwright's Courses. Following the usual custom elude comments about his of the Promotion and Tenure teaching effectivenss, his To the Editor: Edward M. Sinker fessor Committee, may I request that you take part in the evaluation of Associate Professor Bliss Cartwright's professional status. Professor Cartwright will be reviewed by the Promotion and Tenure Committee later this semester. The Com- ' scholarship or his interpersonal relations with students, should be delivered to Linda Mudd, Room 312 O'Brian Hall praisal of Mr. Cartwright's professional progress. The letter will be kept in strict confidence. It should be addressed to Professor Thome McCarty. May I thank you in advance for your kind and thoughtful response. If you have any questions or concerns, please feel free to call me at 636-2060. no later than April 15, 1981. Your letter will become part of a larger packet of materials which will permit a fair ap- Allan L. Canfield Assistant Dean for Student Affairs Thanks to Revue Participants Wilkeson Pub, its manage- To the Editor: ment and staff, for accom- On behalf of those who attended and enjoyed the 1981 Buffalo Law Revue Show at Wilkeson Pub on March 27, I would like to thank the following people: Leslie Wolffe for her production; Joe Peperone, Chris Trapp and Terri Rhill for M.C.'ing; Aaron Chambers for musical direction; Karen Russ for the use of her sound equipment; Dale Clark, Joe Ruh and Jon Malamud for dealing with the lights; Tenured faculty members should re-assess their criteria recalcitrant Doug Johnston, Tom Gick, for extending tenure to colleagues. Too much emphasis Pat Jayne, Mark Berkovits and has been placed on a professor's capacity to publish, and all the others who checked at not enough on his or her ability to teach. the doors; Teaching ability and scholarship are not necessarily mutually exclusive, but when a candidate demonstrates President's the two to be exclusive, the scholar must unquestionably be denied tenure. Such scholars should no longer be allowed to hide behind the facade of tenured professorships. Bliss Cartwright should unequivocally be denied tenure at this law school. Opinion has, in the past, not sought to editorialize tenure matters properly before the faculty, but never has this paper felt so strongly about a candidate being so totally void of any teaching ability in the area of law. Cartwright's lack of substantive knowledge of the law and his inability to achieve leadership status in the classroom have caused many students to lose respect for him and avoid his courses. by Bill Altreuter Dean Headrick must cautiously scrutinize the employment of his "Buffalo Model." Quality and compatibility The SBA budgetary process, with law courses and faculty, if the Buffalo Model is to traditionally a debacle, promean anything, must be a factor in bringing other mises this year to produce a disciplines into our present curriculum. We firmly believe budget that is fair, carefully that neither our law curriculum nor our faculty would be worked out, and reasonable. enhanced by Cartwright's continued presence at this law With any luck, in fact, we may be able to approve it in school. modating us; The SBA Social and Athletic Committee for paying for the production and beer; The Library AY Staff for taping the show for posterity; The Faculty and Staff of the Law School who attended and participated; and, especially, All performers, who gave their time, effort and talents in order to entertain us. I would, however, like to take exception to some of the comedy sketches that took place. The Law Revue Show was created to showcase the considerable talents that exist in the Law School. In the spirit of the First Amendment, the producers have never attemp- ted to censor the Show in advance. The purpose of the Show is spoof our common experience in Law School and laugh at the problems we've all had. There is absolutely no need to use insult, lewd suggestion and sexist humor to acto complish this. Not surprisingly, the majority of the comedy acts did not stoop to such tasteless behavior to fry to generate laughs. I hope that in future Shows those who were unable to exercise sufficient self-censorship in the 1981 Show will realize that comedy can be funny without being offensive. - Cheers! Nancy Caple Corner SBA Budget to be Applauded J> OPINION ELECTIONS THURSDAY, APRIL 9 623 O'Brian 3:30 p.m. % Any law student can nominate him/herself for any of the following positions: * Editor-in-Chief * Feature Editor * Managing Editor * Photo Editor * Business Manager New Editorial Board will assume responsibilities for the ■■ last issue (April 23) of Opinion. s * News Editor Opinion Apri^,^ 2 something less than the endless hours of meetings which permanently scared the lives of so many, and soured the reputation of the' SBA among the organizations which either didn't get what they wanted last year, or couldn't get it this year. Some history is probably appropriate at this point. Because almost no organization ever spent its entire SBA budget line, it was popularly assumed a huge "surplus" was simply carried over from year to year. This fabled surplus was variously estimated at sums ranging from $10,000 to based on a $5.00 fee raise. Viewed in this light, I believe that the cuts made in the individual organizations' budgets are extremely reasonable. This triumph of reason in the budgetary process is due to the efforts of the SBA Budget Committee, under the direction of Joe Ruh. Some credit is due, as an aside, to our former treasurer, Marc Ganz, who was responsible for assembling the Finance Committee back in the beginning of the year. The Committee met with the heads of the various organizations, reviewed with them their $20,000, but for accounting budgets, and then met to put reasons which remain obscure together a coherent whole. to me, no accurate fix was ever The new budget allows the made. For this reason, it was SBA greater flexibility than we difficult to figure out how to had .this year by budgeting a spend the thing, ideological notions on how best to squander cash aside. "Squander" is precisely the correct word in this context, because what ultimately became of this nebulous treasure trove was as follows: Over the course of several meetings, totaling perhaps 12 hours, the 1 SBA parceled out cash like some updated version of the Oklahoma Land Rush. Printed below is this year's budget, along with the figures from last year's budget. The totals are what's significant: this year's total reflects the SBA's income for next year in our discretionary fund. The new budget will allow next year's Board to award the groups which are the most active, and reasonable amount give promising new groups money with which to get started. This places the emphasis on organizations having visible activities in order to qualify for further funding, rather than simply giving out cash and encouraging people to spend it hand over fist. Fiscal f'espdnsibility has political overtones which make me uncomfortable, but it is a policy we all are going to have to live with, - �Cleo a Fixture at Law School: She Celebrates 21st Year by Edward M. Sinker A "fixture" to a law student is a chattel so annexed to realty that it legally is regarded as part of the realty. A "fixture" to UB Law School, however, is a gentle and warm woman named Harriet "Cleo" Jubulis. Cleo has served as Dean Thomas Headrick's secretary since Headrick arrived here in 1976. She started working at the law school 21 years ago when she responded to a newspaper advertisement. "I was interviewed by the registrar," she beamed, "and got the job the next day." Since 1959 and prior to Headrick's arrival, Cleo has worked for Deans Hyman, . Hawkland, and Schwartz. After having worked for four deans, does Cleo have a favorite? "Asking me what dean I liked best," smiled Cleo, "is like asking a mother her favorite child! Each dean has a different style, but I've en- joyed working for all of them." Cleo met her husband at ArCleo's real name is actually thur Murray's after he had gotHarriet, but she is fondly call- ten out of the Korean War. He ed Geo because Harriet, in was then, himself, an instructor Greek, sounds much like Cleo. there. He is presently a local "I love my heritage," admit- architect. Both have been hapted Cleo, "and I always, enjoy pily married for over 16 years. meeting Greek law students." Cleo likes to spend her spare Both of Cleo's parents were time enjoying the theatre, danborn in Constantinople and cing and art. She has spent Cleo boasts of her 82-year-old vacations seeking out Greek mother's rice pudding as being areas in different cities. the best around. One would think a Dean's Cleo, a Buffalo native, secretary would have enough graduated from Bennett High responsibilities on her mind so School and always wanted to as to preclude a good memory, be a dancer — not a secretary! "I took dancing lessons," said Cleo, "since I was three years old when my parents saw talent and wanted to ex- — plore it." Responding to an ad in a local newspaper, Cleo applied for a position at Arthur Muray's Dance Studio and was hired as a dance instructor. It later became her responsibility, for 10 years, to train the dancing instructors. but, with Cleo, on the contrary! First-year students are astonished when she greets them by name in the halls after having seen them only once in the Dean's office. "There's really no secret," she explained, "in my ability to remember names. I just think it's important to remember names and details... like that summer before you started law school and were in the Dean's office seeking campus accom- photo by Lee Berger Harriet "Cleo" Jubulis at work in the Dean's office. modations..." Naturally, I was Like clockwork, as she has flabbergasted! done for the past 21 years, "I really enjoy working Cleo will start work at 8 sharp — a half hour before most secretaries at the law school. She can be expected to be as amiable and around law students," continued Cleo adding, "and I can't ever remember any hassles. My only complaint is that I wish I could be more exposed to law students than I tomorrow morning as she charming is helpful... and if that's not a fixture, what is? already am." Are UB Freshmen Enjoying Bliss in Cartwright's Course? — cont'd, from page one ded were that it required a statistical and mathematical background which many of the students lacked, and that the students saw no relevance in the course to their education in the law. Other students thought the course was poorly taught,by Professor Cartwright, who, they said, didn't explain the statistical portions of the materials clearly, and misread the basic legal theories inherent in the studies. "' The first class I attended definately bore out some of those complaints. The study being reviewed in the class involved how different factors in deterrence and sentencing affected the crime rate. Combining these factors in various ways produced correlations. These correlations were then analyzed in the study to determine which of the various factors were significant alone or ended with many students visably upset at what had taken place. Following the class, I spoke with Dean Headrick, and voiced to him the complaints I had heard, as well as my opinion of how the class had been conducted. The Dean took note of these comments, and then gave his views of the" course and why it was being taught. The Dean said it is important students realize that the things important to them as lawyers are not all found in cases, statutes, and their analysis — which tend to be the focus of the basic first year courses. Institutions, and the roles of class lawyers, judges, and organizations, the Dean continued, are alsp important, as well as the legal processes used to arrive at these decisions and the way those processes affect "law". Headrick said future lawyers have to understand these proor they will not be cesses together. The class clearly began the able to function in the legal discussion confused with the world of the future. As to the assigned study, and the mean- argument that the class may ings of the symbols and for- be steeped too much in mulas used to arrive at the cor- statistics Dean Headrick adrelations in question. Many mitted that law students questions were asked of Cart- without a training in math are since the wright to try and clarify these in for a rude shock symbols, but his answers ten- law increasingly involves math especially in ded to ramble, and he drew and statistics more formulas on the board to the area of environmental law. "I don't quarrel if Cartwright show how the symbols and numbers were arrived at, fur- wants more statistics," the ther confusing the" class. The Dean exclaimed, "but I do class never really got to what worry about inadequate the article actually meant, or preparation of our students in what the numbers proved or statistics and computer disproved. Instead of ignoring science." The Dean said he the formulas and discussing would recommend law the results, Cartwright mud- students take these courses in dled in unnecessary statistical the future while in law school. As to the student complaints theory losing the class in the they are guinea pigs in the that process. » Finally, some students with school's great experiment, the backgrounds in math and Dean made some pointed comstatistics stood up and address- ments. He said the school's ed the class themselves, at- curriculum is now being changtempting to explain what Cart- ed in the direction legal educawright was trying to say. The tion should be going. Every — — — — — change, he said, has been a movement toward an ideal — not a result in itself. Courses such as the Legal Institutions course, the Dean said, are all steps in the right.direction, but can and will be improved. the right questions about it — otherwise you would have to take an expert's testimony on faith." As for the problems others had encountered with the questions must be asked of it. Cartwright said a lawyer should be able, without advanced training, to get at these issues, and see if the studies he or she may see in a brief or in evidence come up to the rough state of the art standards. Then the lawyer would be better able to ascertain what type of expert witnesses were necessary to their case and what should be asked of them. Cartwright admitted the course was placed in his lap in early December after Professor Schlegel had other commitments, and said the lack of preparation time forced him to use the coursebook he was using, which, he said, included some badly written studies. But he did not think the course involved more statistics than would be taught in the first day of an undergraduate statistics course. Cartwright said the class would not be given next year, but a seminar is in the works if good raw material in appellate briefs can be found. course and the philosophy the Dean behind it, one student thought stated emphatically, "People Cartwright's main problem would be guinea pigs if we sometimes was he tended to continue to educate them in over explain himself. Another the ways, of the past, in the said it was a tactical mistake world of the future that to call the course an experiment would be slaughter!" the relevancy of such Some other students in Carta class should have been wright's class tended to agree shown in the beginning a with what the Dean had said. relevancy this student said was While they admitted Cart- there. "Good standard lawyers wright may have limitations as are a dime a dozen," he said. "I a teacher, they liked the give credit to the school for course in general and thought making innovative curriculum people will be betit to be a welcome addition to changes the curriculum. One stated it ter lawyers for it." was very difficult to know as a Finally, I spoke to Cartstudent what you need to wright himself, about the •know as a professional and above comments. He basically said he had seen the use of repeated the Dean's explanamore and more social science tion of why the course was besaying the course data in briefs. Another thought ing given the course was necessary sought to demystify statistics to discover how informabecause "You have to know how data is put together to ask tion is generated, and what Summing up, — — — — — — — Commentary UB Curriculum Has to be Proven the law school courses for the curriculum, and persuade the best legal themselves. they can get, to teach The Law School's goal to No one will argue against minds be innovative .and teach change if the change can be them. Guessing what courses the students what will be important to their legal careers in proven relevant and first year students will be the future is a commendable necessary. While the Law forced to take next year is a School can show change is fine game but a sick one. one. What is not commenthey have not The ones playing it won't be dable is how it has been car- necessary ried out. Courses have been proved what new courses affected. But the men and thrown together at the last taught to date have been women who send in their money and decide to attend minute. Different students relevant either to a signifireceive different doses of cant group in the faculty or the Buffalo Law School next what is decreed important. to the students. The burden year don't even get to play. Certain students are told of proof is on the Law They are the ones who run they are being experjmented School administration to the risk of being placed in with. And those experimen- show they can put together a unproven courses, taught by tal courses are taught by pro- package of relevant, in- unproven professors, for unfessors who are experimental novative and necessary proven goals. by Joe Peperone to — — ' April 9,1981 Opinion 3 �Clinical Instructor Seipp Will Leave Law School in Spring by Joyce E. Funda Gerald P. Seipp, clinical inlecturer for the Lawyer-Clinic Program, will be leaving his position at the end of the spring semester. Although his future plans are uncertain, Seipp indicated he would be attracted to legal serstructor and law Boh Frank by photo Under Seipp's supervi- the clients receiving legal sersion, third year students in the vices. He also pointed out that program counsel actual clients the Clinic is involved in the years. in various contexts, providing litigation of significant issues valuable experience to the such as education and mental students and legal services to health. His point was ilthe needy. Additionally, Seipp lustrated by reference to an arrecently offered a seminar in ticle which appeared in the Gerald P. Seipp, clinical instructor and lecturer for the Welfare Law. Buffalo Evening News on Lawyer-Clinic Program, reposes in his office. When asked why he was March 29, 1981 highlighting on the Clinic's involvement leaving, an area he was noted that the Seipp vices litigation, involved with for five years instructor/lecturer line is a behalf of Buffalo parents and would only say they were talent and enthusiasm, but non-tenure position and that it teachers in an effort to obtain uncertain. Half-smiling, best wishes are extended by before coming to ÜB. Seipp has been an instructor is "time to move on." He was appropriate instruction for however, he said just maybe he the law school community for his future success, whether in would open a bicycle shop. in the Legal Assistance Pro- quick to emphasize that he handicapped children. The" Clinic Program will cer- the legal field or bicycle In response to inquiries gram, also known as the considers the Clinic Program Lawyer-Client Clinic, for four to be valuable, especially to about his future plans, Seipp tainly miss Gerald Seipp's business. Mugel Tax Competition Is Again a Success The Moot Court Board Professor Kenneth Joyce, dealt hosted the eighth annual with the tax treatment given to Albert R. Mugel Moot Court a settlement received by a Tax Competition on March 20 male associate attorney for a and 21. This year twenty-seven claim of sexual harrassment by teams competed from nine- a female partner. The respondent team from teen law schools throughout the northeast, midwest and Suffolk University of Boston south. The problem, written by won in the final round over the photo by Lee Berger Professor Kenneth Joyce wrote this year's Mugel Moot Court Tax Competition problem. tioner and UB alumnus for whom the competition is named. Many Buffalo law students took advantage of the Mugel to observe top oral advocates from throughout the country. Following the final round, an awards, dinner was held, highlighted by a Glenn Pincus ballad based on the problem. The Moot Court Board is proud to be able to host this, event which draws attention to the law school by students and from schools faculty throughout the country. The Miller, Deputy General Board received many comCounsel of the IRS in plements for the smoothness in Washington, DC, John White, which the competition was run District Counsel of the IRS in and friendliness of the Board Buffalo and of course. Pro- members and students here at fessor Mugel, a local practi- the law school. respondent team from the University of Cincinnati. The team from the University of Maine won the Best Brief Award. Michael Costa of New York Law School won the Best Oral Advocate Award. Buffalo was represented by third year students Bob Potenza and John Harras who won both their preliminary oral rounds. Judge Louis Spector, a Trial Judge on the United States Court of Claims and a UB alumnus, presided over the final round with Stephen PAD Fraternity Welcomes New Members by Ron Winter Phi Alpha Delta Law Frater- nity is extending a cordial invitation to the law students and faculty of this school to join our organization when it inducts new members, in- cluding Professor Ken Joyce and State Supreme Court Judge Joseph Mattina, later this month. PAD offers its members, both students and alumni, a chance to develop professional ties not available to the legal community at large. This bond of fraternalism, which is Phi Alpha Delta, is the essence of the ideals which the Fraternity strives to foster. What does the Fraternity do and what does the student get for his thirty-five dollars? Members get nothing out of PAD unless they get involved. They get back only as much as they put into it. The rewards are there if you seek them. PAD's seventy members have many and varied reasons for joining. For some, it is a method of making new friends; for others, an outlet from the daily grind of law school. Still others use PAD as nothing more than a line on their local bar as guest speakers, and promotes business associations between students serves the Generally, PAD attorneys. student, the law school, and and practicing lighter note, PAD sponOn a are a the legal profession. We sors social activities such as its professional organization of recent Mardi Gras Party and world-wide, members 90,000 upcoming end of the semester divided into nearly 200 law week starts our bash. Next school and alumni chapters. Contest, a welcomed Jellybean Members include some of the rigors of law from the escape most prominent jurists, world's life. lawyers, and government school you would like to know If leaders, past and present. more about Phi Alpha Delta Locally, the Alden Chapter Law Fraternity, stop by our ofat UB Law School sponsors a fice (room 506) or ask one of semesterly used-book sale.and our members. We will be inbloodmobile. It also sponsors itiating new members on April prominent members of the 14th, so act now. resume. In any event, PAD has something for everyone. ITALSA Makes an Offer You Cant Refuse by Steve Gabor A petition for the recognition of a new organization called the Italian American Law Student Association, ITALSA, has been submitted to the Student Bar Association by Rocky D'Aloisio. The main objective of the organization is to "increase student rapport with the practicing attorneys in'the Buffalo area by coordinating activities with local lawyers of Italian descent." The principal means by which D'Aloisio has proposed to accomplish the goals of the organization is to invite practicing attorneys of Italian descent to address the group. One outlined topic for discussion is "past discrimination against Italians in the field of law and what, if any discrimination an Italian law student can expect to face when he goes into practice." The group also expects to sponsor activities where nonlaw related issues of Italian heritage will be presented and discussed to increase the members' awareness and pride in their heritage. D'Aloiso claims- "the history and development of Italian culture is not well understood in this country, and this organization will hopefully provide an opportunity for law students of our school to learn more about this history." In his letter to the SBA. D'Aloisio requested an office in the law building "in order to effectively carry out our objecleave their names at the tives." The organization is Reference Desk so additional open to all law students regardless of ethnic origin. classes can be scheduled. Library Will Highlight Looseleaf Services Today by Gemma DeVinney Reference Librarian tionsand rulings, statutes, and court decisions on a single area of the law such as environmental law, family law, labor law, taxation, etc. Because of their looseleaf format these.services are updated as often as once a week to keep students, scholars and The Law Library will be offering instruction on the use of looseleaf services today, April 9, from 12-3 p.m. in the* Library's newly-instituted Looseleaf Room (Room 223, formerly called the Attorneys' practitioners abreast of rapidly Room). Looseleaf Services are changing and important areas excellent, but frequently of law. In addition, many underutilized, research tools looseleaf services provide that provide quick and easy ac- editorial explanations and cess to administrative regula- commentary, as well as current awareness notices, such as news of proposed legislation and pending agency decisions. Marcia Zubrow, Head "Reference Librarian, will discuss the organization and effective use of Commerce Clearing House (CCH) and Bureau of National Affairs (BNA) looseleaf services in today's session that is open to all interested students and faculty. Those with scheduling conflicts who cannot attend today's class are encouraged to This issue, my last as Editor-in-Chief, is dedicated to my grandfather, George Bonamassa, whom I pray will be here to enjoy it. Edward M. Sinker — 4 Opinion April 9,1981 ILS Elects a New Board; Upcoming Slated Events Law Court Competition the International Law Socie- Moot ty has elected its executive and publishing an Internaboard for the upcoming school tional Law Journal. year. Ralph W. Peters was On the immediate agenda of chosen as the new president. the ILS are the upcoming lecServing under him will be tures by R. Michael Cadbaw Robert Schultz as Treasurer, and Arthur Gellman The two Boris Pal ant and Ellen Sinclair men will speak on April 13 in as Vice-Presidents, and Dana Room 108 at 3:30. Gadbow is Brutman and Cindy Kanterman an authority on international trade law, while Gellman is an as Executive Secretaries. expert in the acknowledged Also discussed at the law. field of immigration organizational meeting was Following their presentations, the possibility of hosting next wine and cheese will be servyear's Jessup International ed. �Solo Practitioner Claims Second Circuit Cover-up by Robert Siegel Textile and Rudd Plastics entered into a new contract. Cries of "fix" and "Nixonian This new agreement, however, cover-up" are echoing in the eliminated Oscar Shuffman's chambers of the U.S. Bankrupt- right to a finder's fee. Oscar cy Court and in the Second Cir- Shuffman died in 1975. cuit Court of Appeals. David Shuffman entered It all began with what U.S. Bankruptcy Judge Roy should have been a routine Babitt's courtroom for the first legal matter. David Shuffman, time in June of 1977 expecting a thirty-three year old solo to receive a calendar date for a practitioner from New York Ci- later hearing on the merits. ty's Eastside, tried to win, for Babitt however decided to his widowed mother, $80,000 hold an immediate hearing on claimed due on a finder's fee the merits thereby not giving contract. Things, however, did Shuffman the opportunity to tion, to the exclusion of the from the public view by long other party, ac\d this com- black robes. munication led to. the prior In addition, Shuffman's judgement. Surely the ap- allegations have been brought pearance of impropriety here to the attention of the U.S. atis overwhelming. Attorney torney for the Southern Shuffman charges the District of New York. The U.S. Bankruptcy Judge with making Attorney's Office, however, is an "accommodation" to the quietly biding time and has powerful of Wall Street. not, as of yet, taken any conThis is not the first time structive action. Judge Babitt has been charged Attorney Shuffman has filed with acts of impropriety on the formal charges of judicial bench. In 1978, Babitt handled misconduct with the Judiciary the bankruptcy of D.H. Over- Committees of the House of myer Co., a national Representatives and of the warehouse chain. Babitt's Senate. They responded in brother's accounting firm was bureaucratic fashion, telling picked to be in charge of the Shuffman to address the procompany audit resulting in blem to the local bar associawhat some felt were thousands tion. Seems like more run of patronage dollars being around. paid. While Judge Babitt was Attorney Shuffman now has cleared of all charges after an a wealth of talent in his corner: investigation at the hands of Former Attorney General the federal judiciary, he was Ramsey Clark and bis firm reprimanded for "using bad recently won arguments reverjudgement". It should be sing judge Babitt's order pointed out the firm of Weil, holding Shuffman contempt in Gotshal & Manges was involv- and assessing monetary fines. ed in the Overmyer case, Gilbert S. Rosenthal, the representing the First National New York State Bar AssociaBank of Boston, the company's tion Criminal Lawyer of the primary creditor. Year in 1979, argued the apThe Southern District Court peal of the injunction issued of New York affirmed Babitt's District Judge Brieant barrby ruling in the Hartford case, ing the filing of papers in his though noting that Hartford had acted "improperly" in the courtroom. Irving Anolik, the defense filing of-the Chapter XI reorganization petition. The lawyer who defended Bronx U.S. Court of Appeals, Second County Chairman Patrick Cunningham against attack from Circuit, likewise affirmed. Shuffman then moved, in State Special Prosecutor the Court of Appeals, for the Maurice Nadjari, has been enlisted to lead Shuffman's appointment of a special prosecutor to investigate the case. defense in the disbarment proIn doing research for his oral ceedings. presentation, Shuffman found Ephraim Leibowitz, who his motion denied in the Court regularly writes for the New record before he was ever York Law Journal on Bankruptheard! What happened to the cy practice, is on hand to give due process all of us are entitled to? Be it temerity, or hutzpah, the persistance of young Attorney Shuffman has forced — — not run as smoothly as expected, and Shuffman is now facing disbarment for verbally assaulting the federal court system in general, and his opposing counsel, the powerful Wall Street firm of Weil, Gotshal & Manges in particular. "There is a fix and cover-up taking place in the U.S. District employ discovery techniques obtain information. Judge Babitt ruled that the new conto tract was valid and legitimate, and that under the new contract the older Shuffman was entitled to compensation. Thus, Oscar Shuffman's widow not was only entitled to the commission on goods delivered Courthouse which has before the fNing of the reached such proportions as to bankruptcy petition (before deserve being called a judicial the new contract), the sum beWatergate" Shuffman charged ing slightly over $1,000. Accorin a Westchester newspaper. ding to Judge Babitt, "there Indeed, Shuffman is of the was no post, petition agreebelief that the Court of Ap- ment between claimant (Shuffpeals of the Second Circuit is man) and thedebtor (Hartford), also involved in assorted and there can not be a priority skulduggery and corruption. claim arising from a contracShuffman, who has aptly tual position without a conbeen labeled "the Frank Ser- tract." pico of the Federal Courts", David Shuffman then moved has been fighting the federal to amend the findings and was judiciary for over three years granted a rehearing. At the now, with little success to rehearing, Judge Babitt changshow for his time and trouble. ed his mind and ruled that an In 1971, Oscar Shuffman, agreement had been struck the father of our Eastside at- between Shuffman senior and torney, acted as a middleman Hartford ior payment of a to a sales agreement between finder's fee after the execution Hartford Textile, Inc., a of the new Hartford/Rudd conmanufacturer of housewares, tract. According to Babitt, and Rudd Plastic, Fabrics, Inc. Hartford therefore owed Shufffor the sale of vinyl. As part of man's widow the grand sum of the negotiations, Oscar Shuff- $3,300. (Still way less than the man was to receive a commis- $80,000 being requested.) For Judge Babitt to come up sion on all the vinyl delivered. In June, 1973, Hartford Tex- with this second finding, he tiles was forced to declare had to reverse his prior decibankruptcy. They filed for a sion; his decision that "no postChapter XI. proceeding, Weil, pefition agreement" existed. Gotshal & Manges as counsel. So one must ask from where This is where the ir- the $3,300 plus amount was regularities young Shuffman derived, this figure being forterm "fix" begin. Although mulated without any in-court there were four law suits pending at that time against Hartford and its President, Robert Magid, for fraud, waste, and mismanagement, these law suits Were not mentioned on the bankruptcy petition. Federal bankruptcy law demands absolute disclosure of a corporation's finances for the protection? of all the parties involved. Two weeks later Hartford . discussions involving Attorney Shuffman. Since Judge Babitt initiated the discussion of the newly found post-petition agreement, it must be assumed that sometime between the first and second hearing Judge Babitt had entered into private communications with attorneys from Weil, Gotshal & Manges. Thus, Judge Babitt entered into discussions with one party involved in the litiga- — — . advise if needed. With all this talent, however. David Shuffman still faces an uphill battle. The scales are tipped against him as the federal judiciary and a power of the business world team together to avoid Attorney disgrace. In reality, it's a question of balance, or more correctly, the imbalance existing in our judical system. "I have learned the hard way over the last four years that truth doesn't count for very much in a court of law, especially when you are a solo practitioner and your adversaries are a large and politically well-connected law firm. I have also learned, as a result of the pending disciplinary proceedings, what happens when you dare to speak out against injustices," said Shuffman. To determine whether there is any merit to the substantive arguments of Attorney Shuffman's case, to determine whether the District Court of the Court of Appeals of the Second Circuit covered up improprieties perpetrated by a federal Bankruptcy Judge, and to determine whether signed statements made by the Wall Street law firm of Weil, Gotshal & Manges were blatantly false, an indepth investigation of the entire record is needed. Acknowledging this,: Attorney Shuffman has waived any rights 'to confidentiality he may have. Attorney Shuffman would like the entire scenario aired in a public hearing. Can the federal judiciary afford to allow this openness? Probably not, and this is why the mutual disbarment proceedings initiated two years ago are still pending. «* the federal judiciary to resort to an endless list of sanctions. Bankruptcy Judge Babitt fined Shuffman for contempt of court. And because Shuffman refused to change his tune, the judges df the Second Circuit ruled "in bane" to begin disbarment proceedings against Shuffman. Attorney Shuffman has moved for disbarment of attorneys from Weil, Gotshal 8c Manges. The petition for disbarment of Shuffman by the powerful and prestigious Wall Street firm doesn't mention the initial fraudulent bankruptcy petition, nor the covert agreement reached between judge and litigant prior to the second hearing. Nor does the petition address the abuse and harrassment Attorney Shuffman claims to have received from a federal District and Circuit Court, or the improprieties he claims they have perpetrated in the name of justice. The firm of Weil, Gotshal & Manges charges Shuffman with defamation, and with interference with the disposition of a case through repititious motions and appeals. These, however, are merely the affects of Wall Street 'and judicial misconduct hidden April 9,1981 Opinion 5 �Loophole© byhal malchow Commentary Moynihan's Mailings Present a Taxing Situation by Marc Ganz amination of the United States Senate $39 billion tax cut bill. He states that it "will benefit all New Yorkers." Moynihan's propaganda sheet fails to recognize there are many persons who do not want the rich to get richer and the poor to get poorer. There are those' who believe in a progressive The Neo-convervatives annoy me, ad nauseum. Our Senator, Harvard Professor Daniel Patrick Moynihan, is a perfect example. For his first few years in office, he never sent me a newsletter or offered yograms that benefited the poor people of the state. In tax structure and few other words, he represented his loopholes in the tax code. Moynihan voices his apfriends. There is a strong case to be proval of the Senate bill which made against the reelection of includes a rate reduction in all our present senator. It centers brackets; it includes a reducon his lack of creativity and tion in the lowest bracket from originality in coping with press- 14 to 12% and in the highest ing problems of the era. His are bracket from 70 to 67%. He ideas copied from Rockefellers goes on to support a reduction and Rothchilds, and are full of in corporate tax rates, a cut in anti-populist principles and the capital gains tax rate, an increase in the charitable conconcepts. Let us examine Moynihan's tributions deduction and an last three mailings to my ad- accelerated depreciation dress, which incidentally were schedule that will help big paid for by the taxpayers. The businesses speed their travelfirst, in October 1980, is an ex- ing schedules for the long trip Contributions Still Being Accepted for The Onion Opinion's Lampoon Issue No Fool in'!! Leave material in O'Brian 623 or with Justin White •i Look for Trie Onion on April 23 Why isn't Moynihan out' front arguing for tightening up industrial and municipal bond exemptions and closing off other loopholes in the Tax Code that only help a limited amount of people to the detriment of most Americans? A representative -of Ralph Nader's Tax Research Group had mixed reactions about Moynihan. He said the Senator was good in trying to eliminate » tax statutes where ordinary income is converted to capital gains income by future contracts. This device, tax strat-. windfall profits to wealthy investors. Tax Research Groups' spokesperson ' concluded by saying Moynihan "represents New York State and therefore represents Wall Street." ' I thought Buffalo was hun- dreds of miles from Wall - Street? Moynihan seems far more concerned about corporate affairs than about hazardous'wastes in our drinking water supply. For example, he sent me a letter dated March 13, 1981, detailing his resolution calling on the President to organize a conference regarding the rights of diplomats. He fails to mention we may have too many diplomats and that may be-the cause of all our problems. In this age of computers and tling, costs the United' States Treasury hundreds of millions of dollars each year. But the group's representative said "Moynihan is horrendous on the capital gains exclusion." Our Senator has in- telecommunications, a truly troduced legislation to exclude creative Senator would call for 75% of capital gains income the gradual reduction of all from taxation, thereby giving diplomatic staffs to a level far less than those maintained today. For example what were all the aides doing in Teheran when the embassy was cap- tured? Is there a rational reason for leaving this amount of personel abroad? The only conceivable reason for maintaining staff at current levels is to help large corporations expand operations in foreign nations. In other words, the United States taxpayer is subsidizing the big business's search for more wealth. And now our Senator wants to protect the subsidization program we naively call the diplomatic corps. Well fellow Yorkers, as Moynihan paternalistically calls us, we need to get out the muskets and fire at the Harvard brat a few times. Let him commute right back to the St. Charles River, where he surely belongs: NY Bar Urges Legal Aid Preservation The president of the New repudiation of this nation's York State Bar Association has longstanding commitment to urged Congress to preserve equal justice under law." funding for the Legal Services This year, the Corporation's Corporation, in order to con- budget of $321 million dollars tinue providing the poor of this has funded more than 300 nation with a "meaningful legal programs in 1,450 ofmechanism for obtaining ac- fices, aid serving 1.2 million of the to justice." cess nation's estimated 20 million In testimony before the Sub- poor people. Courts, Civil committee on Liberties and the AdministraAn immediate past president tion of Justice of the House of the Legal Aid Society in Committee on the Judiciary, New York City, Forger noted Alexander D. Forger of New that one-third of the society's York City said the Reagan ad- budget came from the ministration's proposal to federally-funded corporation. "Statewide, a total of apeliminate all directfederal funding for legal services pro- proximately $22 million dollars grams "would represent a of Legal Services Corporation Opinion April 9,1981 6 to Arizona. money supported 27 programs with 109 offices, providing representation in almost 100,000cases," Forger said. He pointed out that nearly all of this funding W3S used to vin- Calling upon critics to pro- duce evidence of abuse. Forger acknowledged that every program can benefit from thoughtful periodic review, "and the legal services prodicate individual clients' gram should be no exception." rights. A small portion was exIn urging support for the pended for class action litiga- continued existence of legal tion action against programs, Forger *said ment agencies, institutions and services that it "unconscionable to is* private industry. lower segment of deprive the "alleged said that Forger abuses" by legal aid lawyers in society of the single most bringing class action pro- significant instrumentality ceedings "more than likely available to them access to constitute an excuse for seekthe legal process and through' ing termination of the program it, the best hope of securing not justification based in basic human rights, on which reason or logic." survival itself may depend." — — — �Pep Talk Which NHL Team Will Capture Lord Stanley's Cup? by Joe Peperone Where will you be. May 28th? If you're a senior, you'll probably be sitting on a beach somewhere, sipping ice-piks, tanning and relaxing. It will be four days after graduation and a week before the Bar review courses start. You'll say to yourself, "Boy, it's sure a long way since April 9th! Back then I was worrying about catching up in my courses, then I had Trial Technique, then that seminar paper to write, and — whew!, I then those exams thought I'd never make it. Then I had that long party week between exams and graduation. And then graduation day — my parents came up, I graduated and then we all celebrated. Now there's less than two months to go!" But, as usually happens, the sun will begin to set, and you'll go home. You'll put a burger on the outdoor grill and eat dinner. It will still be hot and humid outside almost 80°, and not much better inside. The windows will be open and yOu'll pop open a beer and turn on the tube to survey your choices The Waltons — . . . . . Eight' Is hockey — Enough NHL what!? That's right Cub Scouts, NHL hockey may still be with us after the exams are over and after graduation. If all the playoff series go the limit, you could be watching game seven of the finals on May 28th. The ice may be slushy, and the atmosphere in the rinks foggy, but the blood, sticks, skates and pucks will still be there to warm your already warm nights. So in the interest of putting puck in mouth I will now give you, in my borderline, mystical way a peek at how l! see the fight for Lord Stanley's Cup. For the uninitiated, the NHL season began in early October, 1980. Jimmy Carter was still President, John Lennon hadn't had an album out in five years, and the hostages still had 100 days of captivity remaining. Since then, the 21 teams have played a total of 840 games, and the result is that Winnipeg, Hartford, Detroit, Colorado, and one other team (I'm rooting "for Toronto) were eliminated. This leaves 16 teams left to enter the playoffs. Now, before I go on, I just have to say that I think its ridiculous to play a six month season to eliminate five leaving many teams teams which didn't even play .500 hockey in the playoffs. The NHL's philosophy in this matter appears to be we won't tolerate terrible teams in the playoffs, but if you're only mediocre come on in! The underlying motivation is the more money of course teams in the playoffs, the more tickets sold for the Owners, etc., etc., etc. but the pjan just reeks of overkill. Why — — — — — — — Law Revue '81 quite an erratic year, but they have be'en able to beat both L.A. and Philly, their likely quarterfinal opponents, regularly this year. Alas, their bubble will burst in the semis, and the perpetrator may just turn out to be their old nemisis, the Islanders, but I the Stanley Cgp. think no matter the opponent, just doesn't have the Buffalo That ain't the way it is, horses to get into the finals this or next year. however, this year year. This year, the top team in the St. Louis won't make them to a spend league will have The Blues have been either. week disposing of the worst the surprise team all year and team in the league. Next goaltender Mike Luit has season it will get even funnier. become hockey's new After playing 32 or 40 games phenom, but a closer look against the teams in its own reveals six teams have let in division, the first place team less goals this season. Defense will then have to play the is the name of the game in the 1 team in the divi- playoffs, and St. Louis just fourth place sion in a best of five series to doesn't have a strong enough prove its superiority and move one to make it past the semis. on in the playoffs. The regular of playoff exTheir lack season is thus reduced to perience won't help either. merely a method of selecting Thus, I'll take a stab at an playoff pairings. Islander-Canadian final. Both However, since nothing I say teams have had a worse year will change what is or will be, than last season, and Montreal let's get on to this year's has especially had its proplayoff picture. I'm going to blems, with a rash of injuries to assume when the dust clears, key personnel and what seems the top eight teams in the like musical chairs in the nets. regular season will remain for But I think the Canadians will the quarterfinals — the N.Y. win it in seven. The team is hot Islanders, St. Louis, Montreal, now, and LaFleur should be Ids Angeles, Buffalo, fully recovered- and in full stride by the finals. Unless Philadelphia, Calgary and Minnesota. As for the four teams Bossy and Trottier have exto remain for the semifinals, traordinary series, Les I'll go with New York, St. Louis, Habitants, tradition, and Montreal and surprisingly, mom's crepes suzette should Buffalo. The Sabres have had prevail again. should a team which has the semis and finals best four out of seven. This way, a good team which has proved itself in the 80 game regular season would only have to play a maximum of 19 games in the playoffs, instead of the ridiculous 26 games they may have to play this year to win played great all year have to beat a team with a record of 28-38-14 in a best 3 out of 5 series just to make the quarterfinals? Could you imagine such a system in baseball? Last year we would have been treated to the New York Yankees against the Cleveland Indians in an exciting American" League playoff battle! Another argument the NHL uses to justify this stupid system is that those mediocre teams will be fighting for playoff spots right up to the end of the season, and their fans won't lose interest, as they would if their team was eliminated in January. Again, so what! When a team can't even win half their games, I hardly call that a fight, and baseball teams are eliminated in June, but fans still come to the games. Instead of rewarding mediocrity, the league should encourage excellence, by making a team really deserve a spot in the playoffs. Although I would rather see only the top eight teams make the NHL playoffs, I hope at least someone in the hockey hierarchy sees the light and tries to limit the playoff teams to twelve in "the future. Theri I would give the winners of the four divisions first round byes to give them a reward for finishing first. The first two intra-divisional rounds would be best three out of five, with — ' Spring Dinner Dance photos by Lee Berger and Frank Boh photos by Frank Bolz 'arid Lee Berger M9 '^ Opinion 7 �ATT Making Plans With Eye to Future 1981-82 Law Review vicing 39 cities by by Marc Ganz Two recent Federal Communications Commission filings by the mamnffbth American Telephone and Telegraph Company (ATT) could be good indications of the prospects of a future communications, network in the United States and around the world. f In the first filing, ATT asked permission to build and operate transmission devices for its new Picturephone Meeting Service, a dual audio visual teleconferencing service. This is an outgrowth of the widely acclaimed picturephone first introduced at the 1963 New York World's Fair. However the service was never successful because of photo by Frank 801l The new Law Review Board includes the following: (I. to r.) Front Row: Kevin Flannigan (Publications Editor); Joe DeMaria (Managing Editor); Ed Flint (Editor-in-Chief); Brian Edwards (Executive Editor); Jack Collins (Publications Editor). Back Row: Peter Kaplan (Note & Comment Editor); Glenn Pincus (Articles Editor); Bob Schwenkel (Articles Editor); Alyson Cummings (Articles Editor); Elizabeth Freedman (Note & Comment Editor); Howard Bluver (Note & Comment Editor); Gary Carleton (Note & Comment Editor); Justin White (Note & Comment Editor). Not pictured: Jon Malamud (Note & Comment Editor); Edward Rogalin (Note & Comment Editor); Ron Ploetz (Note & Comment Editor); Jo Faber (Note & Comment Editor); Jeff Crandal (Note & Comment Editor). Bromberg Concert "Painful" by R.W. Peters David Bromberg plays the kind of foot stompin', legtappin' music best suited for the beery confines of a WestTexas honkytonk. When he is trapped in the inappropriate of the Fillmore environment koorn, his act suffers almost as much as his audience. Bromberg is a charming and extremely talented performer. However, the toll of doing two performances in one night has evidently reduced his stamina, and his entire first set last Friday nite lasted but an hour and a quarter. Which, sorry to say, may have been for the best, for after fifteen minutes of his expert bluegrass and country Satire to offer call answering and other stored-now, transmitted later services for its basic telephone customers. This is a result of the Computer II decision of last year, where the FCC ruled that the large corporation must ask for a waivet from regulators in order to co.mpete in the unregulated markets. There are two services ATT wants to offer. One is called "call-answering" where the caller will be connected to a customer's recorded greeting whenever the phone was not answered. The other new service ATT wants to advance is called "advance calling" and will allow customers to record messages and transmit them later to another number without redialing. The costs for the services are unknown. It is possible that in the future one could conceivably want to make a conference video-phonecall to another party somewhere around the world. That party will not answer and instead, you will ween York and transmit the message via the New Philadelphia, which could in- phone company's advancevolve two rooms of persons. calling service. Can you imATT said they hoped to be ser- agine? mation. It makes one wonder whether George Brett is a Bromberg fan. Bromberg did not play any of the old chestnuts, and expertly sidestepped the boozy requests for Sharon and Got To Suffer To Sing The Blues. In A Long Island advertiser has to the exact typeface, "Why fact, the only song this less reason not to trust his typesetstay alive when dying is so than fanatical writer recogniz- ter anymore: That person may cheap." Also in addition to ed was Travellin' Man. have lost him a cemetery's describing the crypts as endurMatt Luba/The Current was Bromberg accompanied ing,, and dignified, the ad was business. David Bromberg in concert. by two musicians, Jeff Weiser According to the New York changed to read "homey." Times, Herb Stolitsky of the And the final line was "ask pickin', yours truly felt like get- and Gene Johnsbn, acting up and punching out a complished fiddlers and Stoner Agency in Great Neck about our family layaway wall. At a Bromberg concert/ violinists both. However, I was assigned to do an ad for plan." The advertisement was run one needs to move around, can't honestly say they added the Sanctuary of Abraham and preferably with a cold beer in much to the event. It was Sarah in Paramus, New Jersey. in the New York Daily-News one's hand. The polite and dry Bromberg's show from the Yet somewhere along the and later a make good ad was sitting arrangements, on the start. It was just a shame printing line, something went placed in the same tabloid. cold tile floor of the Fillmore UUAB didn't book him into the wrong. Into the body copy Lawyers are investigating the Room, is not conducive to Rathskeller, a better ventilated where the ad describes the case for the cemetery.. .Mr. anything but hemorrhoid for- and much more humane arena. costs someone had inserted in- Stolitsky lost his account! Ad Man Falls Victim to Gruesome Editing Shooting Straight From the Hip by Jay Marlin you feel out of place?? or where you don't know many It's good to see everyone people?? And, all of a sudden, having a good time at a party. you feel as if everyone is lookBut, don't you hate being told ing at you. that you should be having a What do you do then? First, good time. You know, the type you make sure you have a of person, usually found at boring parties, who comes up drink in your hand, and then to you and says, "You look you look like you are doing towards bored. You should be having a something as looking waiting for if the door T»od time." Heh, I don't know Charlie's Angels to enter or about you, but if I'm miserable you start juggling your drink or not having a good time, the from one hand to the other. to thing want be told very last I you find yourself walkThen, is that I should be having a around the room until ing time: good in feel like a satellite orbit. you Would't you like to once, •tirhen Mr. or Mrs. Glory MornI don't know. I guess I've ing Sunshine comes up to you never really liked parties that and says, "You should be hav- much. Guess, it goes back to ing a good time," to say "Leave early childhood. Doesn't me alone, go bother someone everything go back to early childhood? I remember when I else." "***" Ever been at a party where was forced to go to little — — 8 . the astronomical costs involved. The telecommunications firm, however, believes it can successfully makret the service. even though there is a one time fee of $118,000 and a monthly charge of $11,950. In addition, there would be a charge to customers of about $240 for a 30 minute call bet- 1983! In the second filing, ATT asked the FCC for permission Opinion April(9,l9Bl ... About Parties and Sex Johnny/Mary's party, and was told I was sure to have such a great time. I wish I had told my mother, "Heh, if it's such a good time, you go and let me stay home!" Parties can also be embarrassing. Remember the first time you went to a party and they played spin the bottle or seven minutes in heaven, and you didn't exactly know what was going on!? You sure weren't going to ask anyone! Hell, how many of you were supposed to be kissed by a girl or vice versa, but she started arguing with her friends that she did't want to kiss you, but she was told she had to kiss you because those were the rules. You didn't know whether to kiss her or punch her out. There are party people and there are date people. I'd up to women at bars and shoot much rather go out on a date.I the breeze and lay on them a like playing Johnny Carson. To fine rap. I don't know how they make mayself appear in- do it. Most of my conversaterested in what the other per- tions at bars start with, "Hello, son is saying, when I don't how are you?" and end with have the foggiest idea of what her silence. I just can't get into they are talking about. Like the the corny stuff like, "Do you time I asked a girl what she know what time it is?" and had done the previous day, when she doesn't know, you and she said she had cried. then tell her the time. Guys have strange techniWhen I asked her what was the matter, she said nothing. She ques for psyching each other cried all afternoon to know the up to meet a woman. How feeling of crying. It takes skill many of us have been guided to learn to smile and appear in- by such wonderful terms as terested when you are out with "You have nothing to lose" or "You won't be any worse off a zombie. I like going on dates, rather than you are now" and my allthan going to bars. Not that I time favorite line is "No don't like to go to bars, but I guts, no glory." Isn't that a just cannot meet anyone at a beautiful line? Doesn't it bar no matter |i°W much I sound like Rommel fighting may want to, or try-to. I think across North Africa or Patton it's great that guys who can go leading his tanks into battle. — — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-04-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/9/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c44fc3e8216704b670738fc74d3b05a4.pdf 79b25b82648cbcf6c2c8ed516640bc36 PDF Text Text First Year Students Prefer Orthodox Course Load by Steve Getzoff Two thirds of the first year students responding to an Opi- nion sur/ey disapproved of portions of the experimental curriculum' used in their respective sections. ter off having taken the Auto Safety course. In spite of the numerous jokes from his students last semester indicating that they were being led to assume that no one ever is injured except in an auto collision, the Dean felt that the automobile accident approach is currently the most appropriate way to look at the The courses involved in the study were Dean Headrick's Auto Accident and Safety course, Professor Boyer's Ad- field of torts. The Dean did agree that ministrative Process class and several basic tort areas were Professor Cartwright's Legal Ingiven little or no attention, but stitutions class. felt that the principles learned The Dean's Auto Safety regarding auto accidents course was approved by 40% would be applicable in most of of the responding Section I these areas. He defended the students,, while 60% would course as being "real world have preferred a more tradi- oriented" as opposed to being tional torts course. Dean "hornbook oriented." Headrick, however, maintainThe same basic points were ed that his students were bet- raised by the Dean in defense Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 of Professor Cartwright's Section 111 Legal Institutions course, which received an abysmally low approval rite of 10%. The one bright spot in the new curriculum, according to the students' responses, was Boyer's Professor Administrative Process course. The course was approved of by 75% of the Section II students responding, many of whom felt that it will be a most useful course in their future legal careers Professor Boyer's class is certainly the least experimental of the three involved in this survey, in that it is not a novel'offering at Buffalo Law School, nor has it replaced any of the standard courses generally given to first year law students. cess, he will not be teaching it In spite of their overall next year and consequently it disapproval of the Auto Safety will not be available. Professor and Legal Institutions courses, Cartwright's course will be of70% of the Section I and 111 fered as an elective and the students felt that these courses number of students selecting it would either benefit, or at the could provide a very inworst have no effect on their teresting assessment of the future legal careers. The Dean, concept. Professor Boyer's in concurrence with this class will be offered in the result,stressed his belief that it form of an Administrative Law is very rare that a student's course to Sections Hand 111 of legal career and development the intoming first year class. will be significantly hindered a course. by single Generally, this survey which He did feel, on the other hand, that an ex was responded to by 40% of. perimental course can often be the first year class (a typical of substantial benefit to response to surveys of this students by opening them up nature) indicates that the students are much less willing to new concepts and more conto experiment with new contemporary ideas. cepts in their introductory curAlthough the Dean felt his riculum than is the Dean and Auto Safety course to be a suc- faculty. - Opinion Opinion John Lord O'Biian Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken I Volume 21, Number 11 State University of New York at Buffalo School of Law April 23, 1981 Tenure: Is This The Final Academic Frontier? by Frank Butterini Where you stand depends on where you sit. —Miles' Law "It works best when faculty take a full sense of responsibility and accountability. In other departments they pass the buck and it leads to chaos," proclaimed Dean Headrick in his evaluation of the senior law faculty's role as the lords of tenure. Tenure. For some faculty members tenure is an official birthrite into the world of scholars, perhaps the individual faculty member's only explicit recognition of his achievement. It is also the academic community's means of creating a living legacy and, perhaps, the best chance of ieaving a lasting mark upon the*'minds of the institution's ' future generations. This semester has seen junior faculty members Richard Bell, Marshall Breger and Bliss Cartwright arrive at the stations of tenure, and SUNY administration. The final, formal stop is on the desktops of the Board of Trustees. But faculty consensus has it that the most crucial hurdle for tenure candidates is the evaluation the candidate must undergo before his colleagues on the Faculty Committee. This evaluation is then forwarded to the UB heirarchy. According to Professor Jacob Hyman, the law school is generally- accorded great autonomy by the University administration in its evaluation process. According to Mr. Hyman, who was dean of the law school from 1953-1964, the nature of the legal world is different from that of most traditional academic disciplines and the heirarchy is usually deferential to the law faculty's evaluation of its peers. Yet while most of the current local debate seems to center on the merits of the faculty members currently undergoing their tenure rites, there has long been a nationwide debate upon the role and validity of tenure itself. It is a point of "argument that has pierced academic and administrative discussion for years. Reflecting one point of view in this debate is junior, law faculty member Richard Bell, himself a current candidate for tenure. In Bell's view "tenure is undesirable and unnecessary. Its protections too often encourage people to do sloppy work or no work at all and that's a cost that's not outweighed by any undergo the first round of the law faculty's tenured members. The question of whether to grant Messrs. Bell, Breger and Cartwright tenure has spurred some partisan hallway debate and has been the source of a few sharp-edged letters to the Law Faculty Tenure Committee, a committee which functions as the gatekeeper through the first station of the process. The stations of tenure are benefits." many, and they are located Such a camp of thought is along the main arteries of the shared by many. Any "armscrutiny by chair" sampling of the conver- sations floating through the law library lobby give testimony to the view that tenure protects poor and irrelevant teaching. This is a sentiment backed by some emsubstance. pirical UB Sociology Professor Lionel Lewis found in a recent study of tenure conducted at a northeastern "large university", that there was no evidence of any faculty member being denied tenure because of poor teaching. There has also been views expressed by junior faculty members that tenure simply perpetuates a privileged class of senior professors and a generally held belief that tenure is unnecessary for those with ability. "Its only justification is the protection of people from dismissal for unpopular scholarship or teaching, when," according to Bell, "the unpopularity may be no measure of its merit or truth." Bell anchors his view in the belief that today's society has taken on a pluralist composition which has permeated its policy decisions. The result is a social groupthink that is tolerant of the critical examination of ideas and the espousal of unpopular positions. Thus, in Bell's view, there doesn't exist the threats against academic freedom that perhaps existed in earlier days It was in fact such threats of dismissal made by the guardians of wealth upon emergent academic social scientists in the late 1800's that spurred the birth of tenure. • Mr. Hyman, who no doubt over the course of his career has seen the ebb and flow of ideological change, sees tenure as "important and necessary for academic freedom." Yet Hyman acknowledges that tenure does have its costs, particularly in making it difficult to jettison non-productive faculty and staff. An interesting alternative to the present system, that has been suggested, is the "contract for term" position. This concept premises its views on the belief that labor laws and negotiated contracts can protect the faculty member from administrative whims and also avoid the "dead wood" pitfalls of the current system. Proponents have cited court rulings which have held that peo- ple whose contracts are not renewed are entitled to a written reason for non-renewal, a hearing or both. Mr. Bell supports such an approach, feeling that those with ability would have nothing to fear, and it provides a good method of housecleaning. Yet Mr. Hyman noted that as faculty members work together and friendships develop, the normal anxieties, created by the on-short tenure ritual, may become chronic. Such a procedure may create "a constant source of stress" to both faculty and those who have to administer the annual process. For now we are left with a process that is admittedly less than perfect; an evaluation system, which like any evaluation system is open to subjective, value predilections and measurement schemes. One important tool noted by Dean Headrick, in helping to fill in holes of the tenure process is that of letters submitted by . students to the Tenure Committee, addressing the scholarly merits Of the tenure candidate. Though Mr. Headrick acknowledged that many letters are "perhaps not as useful as possible, he stated that a large number of them offer a detailed analysis of teaching style and other academic strengths and weaknesses. He observed that these kinds of letters have an "enormous impact" on the tenure committee and go a long way in filling in the broad holes of the process �Vol. 21, No. 11 Opinion April 23,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg ■<, News Editor: Feature Editor: Photo Editors: Business Manager: Barbra Kavanaugh Joyce Funda Lee Berger Gary Games Frank Bolz Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Steve Gabor, Laurie Gross, Pat Jayne, Jim Kraus, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal, Bob Siegel, Edward M. Sinker Contributors: Al Bozer, Betsy Broder, Dana Brutman, Frank Butterini, Steven Getzoff, Amy-Ruth Tobol, Ellen Sinclair © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the fditorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Harvest of Confusion? Next year's incoming class is, once again, "one of the brightest groups of students we've ever had." This group of very bright students will begin law school, for the most part, expecting a traditional, "Paper Chase"-type of law school curriculum, and, for the most part, they won't see it here. A creative approach to legal education is desirable and exciting to be a part of, but we hope that the Administration will be more responsive to the inevitable frustrations and resentment of the freshmen "guinea pigs." Perhaps the rationale and expected benefits of the program will be explained before the halls are childishly papered with discarded and useless materials, before resentment arjd unhappiness with any one course or instructor erupts into classroom misconduct and large-scale absenteeism, and before the first year class reaches the month of April.feeling like manipulated, confused and inconsequential "guinea pigs," whose legal education may or may not have suffered in the search for the "Buffalo ModeL" Many of next year's changes seem to be aimed at relieving some of the problems and complaints of this year's freshman class. The controversial ethics course will be given during the second semester, rather than spanning both Fall and Spring semesters, and it will be extended to a two-credit course. An administrative law course, widely approved in an Opinion survey, will be offered in Sections 2 and 3, and the much-disputed Legal Institutions course will be offered enly as a first-year elective. The proposed sequential organization of Contracts, Torts and Property, and the combination "Contorts" course which will be offered to next year's Section 3, are innovative ideas which will enable faculty and students to look at those areas in a coordinated and integrated manner which will transcend the traditional boundaries between these subjects. Althodgh the proposed first year calendar, which allows for mid-semester exams coupled with a week-long break and the carry-over of Torts into the second semester, carries some unpleasant reminders of this year's.Ethics format, it can be seen as an attempt to lighten the work load of. next year's incoming class./ Although these changes come too late for this year's freshman class, if they are combined with a consistent, coherent explanation of the program's rationale and objectives, next year's freshman class should have a rewarding introduction to their legal education, only subject to the "normal" fears and anxieties. OPINION Recruitment Party "Bring Your Own Meat" Come to Room 623 for Further Details. Ex-Editor Stands by Editorial To the Editor: As a member of the staff and editorial board of the Opinion for the last three years, I have suppressed the urge to write a letter to the Editor, feeling it -best to express my beliefs in anonymity within the confines of the editorial board. Editorials being collective statements, speaking out alone acts to undermine a • newspaper's credibility. Elec- tions have been held, and thus I am free to speak unburdened by collectivism. Two weeks ago the Opinion published an editorial stating, "Bliss Cartwright should unequivocally be denied tenure." The editorial caused a stir as topics so controversial and explosive as tenure decisions had been avoided in the past. The faculty responded with a resolution in which they "deplored the actions of the Opinion editorial staff both for its misapprehension of the faculty's concern with teaching effectiveness, and also for extreme insensitivity to the special concerns of anyone undergoing tenure review. " Thus, the Opinion editorial was attacked on two fronts. . As to. the faculty's first point, the editorial did state that "too much emphasis has been placed on a professor's capacity to publish, and not enough on his or her ability to teach." While this may well have been a "misapprehension" of the faculty's concern, it was, however, the collective belief of the editorial board. After an examination of past tenure decision we concluded that more weight should be attributed to teaching ability. In our editorial we simply stated our belief. As to the faculty's second point citing the editorial staff's inaensitivity" for making public its feeling on the ability of a professor up for tenure, the editorial board "extreme deliberated for endless hours whether or not to address the topic in editorial fashion, and if so, how strongly to word it. There is no doubting the fact that someone can be hurt when an editorial is printed. This possible hurt, however, is law student body. So one must ask what this faculty censure means? Is the faculty merely coming to the aid of a wounded colleague? If so, camaraderie is surely an admirable trait. But is there more to it? Is it a to to the Opinion to" steer warning what is be unity in deciding printed. This was more than clear of uncharted seas? Will the faculty and administration adequately done. left now demand final say as to Opinion has past the In tenure decisions to the faculty. what is fit to print? Maybe The faculty must live with the strong-arm tactics will be used newly tenured professor for to convince the SBA to slash eternity; the law student is the Opinion budget? The merely a transient passing future is unknown. What is known, however, is through these hallowed halls. Thus, as a rule, the editorial that the Opinion took a stand board agreed that tenure is a on a controversial issue and faculty decision and has, in the finally became a periodical past, refrained from editorial more resembling.a newspaper comment. However, never in than a newsletter. The key is balancing. At the past has there been such a tumultuous outcry of opposi- times in journalism, as in the tion to a candidate for tenure legal field, the individual is by the law student body. The sacrificed for the benefit of the Opinion, as the mouthpiece of community at large. Sensitivity are the law student body, felt it and responsibility proper to annunciate the necessary attributes for the journalist. This, however, must resentment it perceived. How can the faculty, en not mean that all sensitive bane, accuse one of insensitivi- issues must be avoided. ty in the production of an end Bob Siegel product without ever looking into the depth of the deliberations preceeding that end product? Thus one must conclude that the faculty feels any editorial mention of a tenure candidate is taboo. This posi- To the Editor: tion is absurd. Receiving The Faculty of Law and tenure is of huge importance to a professor. It provides him Jurisprudence of the SUNY at but one factor to be* considered. Since an editorial, by definition, can never be neutral, someone or something is bound to be affected. The responsible and ethical journalist weighs the possible hurt against the interest of the corn- OPINION with security and an at- Buffalo,. Opinion April 23, 1981 ~ ■„... ,„ ;..,., editorial in 'the mosphere of academic April 9, 1981 edition of the freedom. It is also, however, of on the inmajor importance to the law Opinion commenting stitutional criteria extenschool student body. Many a on the and ding tenure professor loses his freshness, creativity, and motivation suitability of one of its upon receiving tenure. It is members for tenure; and having provided each very easy to become delinstudent with the opportunity on quent and rest one's laurels. to express his or her opinion Being of such import, the law tenure candidacy concerning must student's voice be heard. to the Promotion and. Tenure Tenure Committee requests for Committee,. done having, and letters have sufficed in the past. But when-student uproar so tra,ditiqna|Ty'| Jong before, it is so one-sided arid vocal as to was. generally.. customary, and be echoing in the halls Of required in this University,, and O'Brian, a student newspaper reaffirming our .continued has a duty to merge these commitment to provide such separate, but similar, com- an opportunity; deplores the actions of the plaints into a collective stateOpinion's editorial staff: both ment. No one has charged the editorial staff of the Opinion for its misapprehension of this with distorting the views of the faculty's concern with teaching effectiveness, and Noting an Treasurer Thanks Aides To the Editor: The $BA recently approved the budget for the next fiscal year. The budget was the result of a lot of hard work and spirited debate by the spokespersons for the organizations and the members of the SBA Finance Committee. The budgeting process is traditionally the most frustrating experience undertaken by the SBA. For their support in cooperating to also for .extreme insensitivity to the special concerns of anyone undergoing tenure make this year's hearings ex- review, and thus the peculiar ceptionally efficient, I would inappropriateness of such like to publicly acknowledge public comment. the efforts of the student organizations who appeared James B. Atleson Barbara Blumenthal before the Finance Committee Alfred Konefsky Also, special thanks are owed to Sylvia Fordice, Mike Janet Lindgren Wiseman, Scott Oakley, SherJohn Henry Schlegel Philip Halpern win Suss, Rick Roberts, and Larry Baer whose dedication as Robert Berger Virginia Leary members of the Finance Committee made my job infinitely Nils Olsen easier. W. R. Creiner Wade Newhouse Paul J. Spiegelman loe Ruh Next Opinion Deadline: SEPTEMBER 9th, 12 NOON The new Editorial Board intends to continue the Opinion's policy of commenting on all issues it deems appropriate. 2 ., Questioned , �T.A.s Speak of Experiences by Amy Ruth Tobol First year students are breathing a collective sigh of relief as final oral arguments signal the completion of their research and writing courses, but many of the teaching assistants view the course as a rewarding and valuable experience for both themselves and the students. Wendy Fechter, a Section 3 T.A., said that she was very glad she took the job and called it "the best experience this year," and Hatem El-Gabri, also a Section 3 T.A., called the experience an "overall satisfying one. It's something that as time goes by, you're not sure how it will turn out until you see the final product," although he did see significant improvement in each student, and felt that they should be congratulated. "If you don't achieve your goals," said Mr. El-Gabri, "you tend to blame yourself, but, conversely, when you do, there's a great deal of satisfaction."'. .•--• ■' ■ .'.•.•.' Bob Elardo, aSectionl T.A., agreed that he enjoyed the contact he had with first year students, especially during the individual conferences where he had a chance to more fully discuss a student's work. "So much of what goes on is based on one-to-one contact, but the burden is on the students to .decide if they want to spend time with their teaching assistants, discussing pro- the job is not really that of peer advisement, that sort of is a part of it." Professor Nils Olsen agreed that to give students an opportunity to meet in small groups blems ." with successful upperclass Mr. Elardo also felt that students can allay their fears establishing a fr,iendly rapport about law school and help to with his students helped in answer general questions, parmaking students feel more ticularly during the first comfortable in approaching semester. "That's not insignificant at him. Mr. El-Gabri agreed, saying all, I think. It gives a realistic that he likes teaching, but "I perspective to law school," honestly felt it was something said Prof; Olsen, and Prof. so- Robert Berger agreed that the, lacking in law school meone to go to for advice in opportunity tp meet one-toaddition to teaching. I left one with someone in an institumyself open and was glad tional position-helps the transiwhen students took tion into law school. advantage." Ms. Broder and Mr. Elardo / Betsy Broder, a Section 1 both said that teaching T.A., although disappointed research and writing involved that her jokes didn't always go a large commitment, and was over very ,well, also enjoyed possibly more work than they working with first year had anticipated. students. She commented that Often their work cut into the in her first year her teaching time they needed to complete assistant liked her authority as their own coursework and outan instructor too much. "I side commitments. Yet, all the wanted to dispel that idea of teaching assistants who were instructor.as authority figure. I asked seemed to think that the expect that some students in entire experience was a very my class will do better than I." rewarding one. Ms. Fechter added that, Prof. Berger pointed out that "particularly in the first the teaching assistants also semester, I tried to help people benefit because "by teaching to relax about things like legal anything, you're forced to writing and exams. Although learn it better." - — - Student Disapproves . of Editorial ■ .■• To the Editor: AsS farmer ajid editor, I would like to;6ffer a few'reattioris to! the recent editorializing on Professor Bliss Cartwright's up- tenure decision. formulating Whenever editorial policy on- any controversial matter, the Board must always be cognizant of the role and responsibility of the press within the community it serves. The right and obligation of the press to criticjze the powers that be remaihs'a cherished Institution In coming Arrtetican' s'oceJty'. ■ ■. ■. ', ■ ■''.•-..• . .. I believe suggesting that unnecessar/7y However, antagonizing others can only ilaecounterproductive!./ ', Steadfast and critical •t.ions can be firmly.maintained with a view toward minimizing hostile reaction. Just because, an editorial is sensitive and tactful instead of vitriolic does indicate a lack of resolve. What, you might say, does this have to do with Bliss Cartwright? Well, it has everything to do with the manner in which the Opinion's editorial staff castrated him in their tenure piece. I do not know Bliss Cartwright.- I -do- not have any firsthand knowledge of his professorial abilities. I am unqualified to comment on such matters. However, of what value was such an editorial? Yes, I am sure it will win the kudos of scores of disgruntled students, but it has also incurred the wrath of the faculty. So the Opinion is king of the kids, but alienated from the decisionmakers. A phyrric victoryat best. Is this power of the is the power? press? That is not to say that the editorial, regardless of-how it was written, would have been not such notions as "freedom of the press" frequently become so abstract and idealized as to be totally divorced from reality. I would not deny that freedom of the press has an inherent value. However, I firmly believe the ability to openly and candidly discuss relevant issues has a much more practical value. The most desirable situation emerges when freedom of the press also entails power of the press, that is, when the unencumbered ability to discuss relevant issues can be highly significant in any tenure translated into an ability to decision. But any hope of any have an impact on relevant impact was, in this case, abdecisionmakers. Thus, in this dicated early on. Such conceptualization of the role responses as "no one is going and responsibility of the'press, to tell us what to print," etc. is editorial policymakers should all well and good, but if the strive to blend a pragmatic subject matter is ignored, the political vision with their role journalism is reduced to as social critic. Similar to nothing more than mental judicial power, the only real masturbation serving as a power of the press emanates cathartic experience for'angry from legitimacy and respect. | writers. But where is the power am the last person who would of the press? I would hate to suggest that the press should see the potential impact of be solicitors of others, but I am policy decisions. the Opinion could have very effectively communicated its position without being caustic and perhaps gaining a bit more-faculty sympathy. If I was assigned the task of writing the editorial it would have looked something like this: , With the development of the Buffalo Model, the need for proficient instructors is more critical than ever. Pro- fessors must be able to organize and present disparate materials previously foreign to most law students. The success or failure-of curriculum innovation largely hinges on the ability of instructors to provide stimulation and. leadership in introducing novekapproaches law. -•> Thus, the Editorial-Board of the Opinion believes now more than ever that teaching effectiveness should be an extremely significant criterion in tenure decisions. No longer, should incompetent instructors be awarded tenure, regardless of scholarly achievement. Shortly, the decision on Professor Bliss Cartwright's tenure will be made. There have been many allegations regarding his incompetence the in classroom. The Opinion believes that the Tenure Committee should give these criticisms very serious attention. If the tenure committee substantiates these allegations, the Opinion unequivocally urges that Professor Cartwright not be granted tenure. to s- Steve Va/ero He felt that the T.A.s would this year's Research & Writing improve their own legal writing course. Prof. Berger pointed by analyzing that of their out that substantial transcripts students and improve their were used during the second research skills by teaching semester, rather than "canned" problems. He said others. Professor Paul Speigelman that the • purpose of the also said, "I think that one transcript was to give students never learns so well as when more experience in using a record and developing facts you teach." He added that although the from a record. This was an atjob is extremely difficult and tempt to make the course time-consuming, "I hope that more realistic, as was the exthe contact. with first year changing of appellate briefs students is rewarding." and oral argument before a There were few criticisms of panel of judges. the program. Prof. Spiegelman Prof. Spiegelman said that felt that it was not as effective "the main value of the course is for people to write a lot and as he would have liked in providing feedback for him in his receive feedback as they are writing. Learning by doing is Civil Procedure class. Mr. EI-Gab/i said, "I don't the best way." think the support facilities are The changes in the Research adequate. By this I mean the and Writing course for next things the instructors, would year will be primarily adneed to teach the research part ministrative, explained Prof. of it. These tools could be bet- Olsen. Although the first semester ter organized." He also thought that the will still be taught with the teaching assistants should Civil Procedure courses, the have a role in formulating the teaching assistants wilj work with the Legal Assistance problems used. "I understand and sym- clinical program and Prof. phathize that it was an attempt Olsen during the second to save the T.A.s grief, but we semester. had to live with it." "As the second semester Ms. Fechter, however, had really didn't have anything to no major criticisms. "Within do with Civil Procedure, it fits the constraints of trying to more sensibly with the clinic," teach legal writing, it is a fairly said Prof. Olsen. effective program. Any In addition to developing refinements are a matter of research, writing and oral adtime and experimentation," vocacy skills, Prof. Olsen said and Ms. Broder commended that "the course will be designthe program for its emphasis ed as a continuation of the on "cultivating a sense of legal skills that Civil Procedure tries analysis and not just the to import, which is an understanding of the legal mechanics." There were major changes in significance of facts." Good Luck on FINALS! Hopes Are High For Continuing SUSTA Much of the credit for the restoration of SUSTA must go In light of Governor Carey's to Dean Headrick, who spent restoration of SUSTA to the Ex- many hours talking to key ecutive Budget, there is an ex- legislative leaders and with cellent possibility that SUSTA University officials. Despite a will be available for the generally apathetic student body, the Dean put together 1981-1982 school year. to present to Since the Covemor and the materials members of the Legislature, are still fighting State Senate most importantly, was and over Medicaid funding, the convince Dr. Robert final budgetary approval of able toUniversity Ketter, President as SUSTA has not yet occurred. to importance of the the However, it is considered the Law highly unlikely that the SUSTA program to to this University. School and State Republicans in the Dr. Ketter made the restoraSenate wNI eliminate SUSTA as tion of SUSTA a key point on a part of the budget.. his agenda in his talks with The restoration of SUSTA members of SUNY Central and will mean that over 25% of the with leaders of the Legislature. While the matter is still not students in the Law School will now be able to look forward to settled, Dean Headrick is opa continuation of the aid pro- timistic the Law School wil gram which has equalled receive a quarter of a million $1200 per student per year dollars in SUSTA funding next year. over the past several years. by |ay Marlin April 23,1981 Opinion 3 �we 'Good-night, good-night! Parting is such sweet sorrow thatbemosrtawil.y'god-bye 4 Opinion April 23, 1981 �SENIOR SURVEY RESULTS Physical Characteristics Best Dressed: Billy Bozzuffi Honorable Mention: B.L. Wagner, Renee Lapides Worst Dressed: Scott Wright Honorable Mention: Russell Leisner, Billy Bozzuffi Most Neanderthal: Jay Baum Best Briefcase: Wanda Lucibello Sexiest (Male): Russell Leisner Sexiest (Female): Terri Rahill Classroom Behavior Most Unprepared: Rick Valentine, Ken Levy Most Compulsive Worker: Markus Berkovits Most Comatose: Joshua Berry Least Punctual: Michael Chakansky Foot in Mouth Award: Paul Israelson Best Backbencher Award: Bob Siegel Class Cheerleader: Doric Benesh . Where We Are Headed Most likely to sell used cars: Ron Zarowitz Most likely to chase ambulances: • Tony Ronci, Cliff Barry Most likely to foreclose on a poor widow's mortgage: Scott Wright Most likely to sell insurance: t Bob Potenza Most likely to represent the National Inquirer: - Ed Sinker Most likely to remember the Rule Against Perpetuities after the Bar exam: Maureen Sullivan Most likely show up for the Bar exam the day after its over: John Toal Most likely to pursue a career collecting Rehnquist opinions: Joe Maruzak Most likely to become President of Exxon Corporation: Eric Lindauer Most likely to take over for Ralph Nader: Lew Rose Most likely to run for U.S. President in the year 2000: Bob Whitbread Most likely to own a controlling interest in Nutshell, Inc.: Mitch Lustig Most likely to return to UB as a law professor: Kathy McDermitt Most likely to become a judge: - „ Jeremy Nowak' Least likely to settle out of court: Bob Whitbread Most likely to drink Ken Joyce under the table: Mike Corp Most incoherent when drunk: Tom Gick Most likely to be picked up on a morals charge (The Al Katz Award): Sandy Nagrotsky Most likely to become next U.S. astronaut (without spaceship): Billy Bozzuffi Most likely to be disbarred: Cliff Barry Photos by itaf f s April 23, 1981 Opinion 5 , �Schlegel And Lindgren Will Teach "Contorts" by Barbra Kavanaugh them to sit in on one another's classes this past fall, during Professors John Henry which time they discovered Schlegel and Janet Lindgren that "we sort of approach will team-teach a course com- things similarly," according to bining both contracts and torts Schlegel. to Section 3 freshmen next fall. "What we will be making an According to Prof. Schlegel, attempt to do is to bring to the "one can intuit our rudimenfore those issues we found tary goals as an attempt in part each other, that we to create first year materials in were going over and over an essentially common-law again, but always' as a subarea that de-emphasizes doc- sidiary to this or that piece of trine and brings statutes to the doctrine or in analyzing this or fore, that works on an explicit that case." level at the problem of lawyerProf. Schlegel stressed, ing in a system of common law however, that "we hope to and statutory rules." have fun teaching it and the "It has been said for about students learning it. Ultimate15 years now that contracts ly, that's where it should get." and torts, were growing Each time you work on a together as a doctrinal matter," continued Prof. Schlegel. "That theory has been a part of our education, so to speak." However, for various reasons, a joint course of this type has never been offered, and when Prof. Lindgren took a sabbatical two years ago, she and Prof Schlegel agreed to work on a joint torts-contracts course. The agreement called for the "contorts" project, Prof. Schlegel answered, "Surely not this semester. We have never before worked with a property teacher—the group has always taught together in the first semester and as property has been a second semester course, we have been uninvolved with it. However, it is conceivable that the course could fit in with property, perhaps in a fu|J year course." Although he mentioned some areas of property which two subjects to some degree. Schlegel Prof. also might fit in, such as modern urspeculated that given Prof. ban leases, and "as much as I Mensch's- interest in the rela- am interested in the economic tionship between the public history involved, I admit to and private spheres, she may knowing next to nothing about "play off" Prof. Alan property. Indeed, I remember Freeman's course on Constitu- it as one of the worst courses tional Law which will also be of my law school career. part of Section 2's fall Awful, just awful." semester curriculum.> Although there have been As for Section I's contracts reports that an exam in this professor F.red Konefsky and course will be given at the end incoming torts professor David of nine weeks. Prof. Schlegel Engel, Prof. Schlegel feels it is said that he didn'tknow if that unlikely that they would work would be the case, although together on this type of pro- "my guess is that we won't." gram this fall as they "hardly "If you never taught the the changes may be made by the law school in the hope of Professors Schlegel and Line getting others interested in the new approach, Prof. Schlegel dgren themselves. "We've made a marvelous did add that "I sense that all agreement," explained Prof. three groups go after things Schlegel, "that by the first day differently, with different emof class all of the material will phases." be assembled. However, For this reason, only Section although I would distribute all 3 of the freshman class will be the materials, as the thought of taught the joint course. not having it all together drives However, Prof. Elizabeth me up a wall, Janet likes to Mensch will be teaching both weigh the progress and direc- torts and contracts to Section tion of the class, perhaps 2, and she may integrate the changing it as we go along." The course will be teamtaught by both professors in the classroom, although Prbf. Schlegel wouldn't be adverse to splitting the job up. "The first time there will be new course, you hope you may a real tendency for Janet to have found the 'Rosetta teach the torts stuff and Stone,' that you'll make your myself the contracts. This year name and become a household is the first time we heard each word, but this hope is other in class, after all, and tempered by a healthy neither of us has shown a deep, awareness that the chances are abiding interest in-each other's extremely small that this will areas." Although the course outline, happen." "I wouldn't be surprised if which will be further worked someone down the line ex- on by both professors and course before, you just don't perimented with and changed research assistant Hilde. .know each other."''1 the course." As to whether or not proper- "know where you'll be in nine Neubaur, will be made As a matter of fact, some of available to other professors in ty might be taught along with weeks." Corps Disappointing Proves Symposium Freshmen by Al.Bozer Beware , Prof. Michael Schaeftler carhigh hopes with him to the ried by Joyce E. Funda recent conference in St. Louis for' AALS professors of corAlan. L. Canfield, Assistant poration law. For three days, for Student Affairs, is Dean spearheading the committee making preliminary .plans for Orientation '81. About twenty first and second year students met on April 10,1981 for a brainstorming session. After voicing criticisms of last year's orientation program, the group enthusiastically pooled ideas for this fall. The basic considera- tion seems to be to provide the new students with a warm, supportive atmosphere. Many of the specific activities to be included in the program will be decided by the committee Schaeftler listened and conversed with his colleagues in I trie field: Schaeftler Jiad expected discussion of possible ap- proaches to pedagogical theory and casework in this discipline a workshop of the esoteric. What jie found was a good deal of concern and frustration with the field's — direction. "Are we to aim for Main Street or Wall Street? I wanted to find what the others were thinking on this subject," said Schaeftler. But no consensus arose at the conference; no before the end of this coherent theory emerged from semester. eighty-five attending prothe Anyone having talents or Instead Schaeftler -skills such as writing, graphics fessors. gained a new confidence in the or organizational ability is encouraged to contact Dean Can- methods he is currently pursuing, a feeling that he is free to field. Your involvement will help to ease the peculiarly disabling experience of starting law school for the freshman class. Doodle Space by Betsy Broder The legal research skills which almost become intuitive knowledge to law students are considered precious to a class of students at the Albion Correctional Facilty. The research classes are part The class of approximately emale inmates meets, weekOpinion , ference to hawk hew editions of their casebooks. Nevertheless, he called it an "intense experience," worth the sacrifice of three days in St. Louis. "They did have some good French and Italian restaurants in the city," he commented. • Prof. Schaeftler remains concerned over students' preparation for his introductory course. "Those with no experience in business, whose background is in music or English, often have trouble in the first weeks of the course." He said that if he were to attempt to fit all the work into . an attempt tjp reconcile his students' disparate bacjcr grounds. Prof. Schaeftler maintains an open door policy. Prof. Schaeftler brought home a fresh approach to his the course that his colleagues teaching from the conference seemed to think was in St. Louis. His enthusiasm is necessary, it might easily run contagious, his-determination into a twelve hour monster. refreshing. In a world where (n lauoirlj tut ••.-:>-, »r , 7 <?.-c' nes " better teaching methods in a wide-open, field.. He would also like-to take this opportunity to assure his friends that he plans no further travels in the immediate future, and contrary to widespread rumor, he is- not teaching any course in language this semester. R&W Techniques Taught To Albion Women of a project organized and directed by the Prison Task Force, a group of students who are concerned with the conditions of New York State prisons and who engage in various projects aimed at improving the prison system. 6 pursue the discipline along his He strongly encourages his dullness seems to dominate own lines. students to read the Wall the horizon and to be praised The staid Schaeftler was a Street Journal, one tactic wide- above other virtues, he stands ly espoused at the conference. out. He is actively, pursuing bit disappointed at the atmosphere of socializing which he felt pervaded the three days. Also, several authorities in the field used .the con- April 23, 1981 ly with law students who instruct them in the use of case reporters, digests and McKinney's. Classes consist of an hour or more of lecture, followed by small ■ group meetings of two or three inmates to each law student. The law students usually within the prison. Most of the law students involved agree that one of the most serious deficiencies in the legal research program is the inmates' law library..While the law library in the men's facility is equipped with federal and state digests and present a "canned" problem to reporters, the women's library the class, and help them to contains only New York State research it. references. Recently, third-year student Many of the women are Mike Wiseman presented a working on problems involving problem about a superinten- federal law such as §1983 civil dent's hearing. This problem rights actions and habeas cornot only helped to improve pus petitions, but do so with a research skills, but also served severe handicap. Although to inform the inmates of their -they may request books from substantive due process rights the men's library, it often takes days for such books to be delivered. Limited access to the women's law library also restricts the impact of the class sessions, as well as the practical benefits of the law library. Many books are kept in boxes due to lack of shelf space and thus are not easily located. Also, only two people are allowed in the library at a time and many people cannot use the sources to the, extent that they feel is necessary. Despite these deficiencies, both students and inmates feel con't. on page seven �Pep Talk Departing Law Senior Philosophizes Re: Life, etc. by Joe Peperone rare for me lately. Life can be, and usually is, a sport, sport, n. A pastime or bitch intermittent moments amusement in which a person of normality and happiness engages; a game; a surrounded .by problems, merry-making... pressure, doubts and both major and minor tragedies. Things I have in my typewriter the last column. (Yeah! never seem to go well for more Cheersl) May Tiger Williams than a few months at a time, and, as Murphy has said, "If high-stick your grandmother. Seriously, in preparing this anything can go wrong, it will," column this week, I asked be it problems at work or getmyself what have I been do- ting work, accidents or illing for the past two years? A nesses, the inevitable prolot of commentary, a few blems with the opposite sex, or pathetic predictions (Isn't that the haunting realization that Wayne Gretzky great?) and a you may not pass that course. lot of fun. Rarely in life do you Despite our problems, get the chance to say or do though, we who pass through anything you want, as I've had law school are basically forto do in this tunate. While a J.D. certainly the opportunity column. I'm grateful for the doesn't guarantee happiness, opportunity. or even a job upon graduation, But what is it about sports the overwhelming odds are that makes it so important to that in the future we will have so many people? What is it jobs which will enable us to about it causes a city to come live comfortably at the very alive and together to celebrate least. or causes fans to cling to a Some people are not so forteam or a player so religiously? tunate. They do live on the No one really knows the cusp or a paycheck-toanswer, but for my parting paycheck existence. The shot, perhaps I can wax elo- tragedies tend to fall on them quent, and perhaps find one. more than usual, and Starting from Ross Runfola's sometimes they're locked into sport is a deadends before they begin. premise micrbcosm of life and lookSports teams can have ing around, things began to "similar" fates. They can be make sense, which has been perennially successful, con- sistently schizophrenic, or they've lost opportunities in usually awful. But their fans parts of their lives, and they'll live and die for them, never get the chance again, be regardless. Why? Perhaps it a chance at an education, an because sports are, as they say, opportunity for a job, or a shot an escape. But is it that simwith someone they care about. ple? It's also said people watch In these situations, people sports to channel their aggreslive with the knowledge that sions. But will a baseball "sometimes the door becomes walkout cause an increase in locked, probably permanently. wife-beatings? Th"ey hear words, "I'm sorry, I may.be way off, but maybe we just can't help you" or "It a sports team or player is iden- won't work," or realize for tified with because no matter themselves that it's too late for how their play mirrors life, and something to occur. sports mirror life, there is a It's sad. It sounds corny, but fundamental difference. The really do exist on hope. difference is, no matter how people bad a team (or player) is, how No matter how hopeless the many times in a row they've situation, people still dream, lost to another team, or how still strive. And it can get many years it has been since depressing when you know they've been successful or you've "lost" at anything in "won it all", six months later life. It just seems as though in they can start again, dead even the world of today, people get with everyone else. They get to discouraged far too easily. play again, get to beat the They're continually being told do this or that, or other team, and get to van- they can't too old, or too inexthey're was conquish what once sidered unattainable. No op- perienced, or that they should portunities are ever totally just give up. Some, on the basis lost, and hope really does spr- of such "advice," do just that. Should they? ing eternal. So, that factory worker who Life just isn't like that. Horatio Alger still lives, and doesn't think he can afford the you can, and many people do, money or the time to get a colpull themselves up by their lege degree, that- business exbootstraps, and succeed. But ecutive who doesn't think he many people live their lives can take, the crazy risks he did with the gnawing realization in college, or the scrawny kid Students Teach at Albion Financial Aid Tips For Students — — — . — — . page six con% *~*»•«,. ■ . . from ■v »- mt that the *cTa*sstf>re thwhile. For the law'students, the classes at the prison are an opportunity to share their legal knowledge with a group of people for whom that knowledge has a direct impact. Since many of the inmates are indigent, theyrely on their own ability to function in the library and tend to their own legal needs. Plans are now being made to continue the program through the Summer: The studertts'inHefb volved are ~. !..««. mjmtim Eisenberg, Otis Harrington, Nancy Heywood, David Nelson, Scott Oakley, Wayne Sachs, Andy Sapon, Alison Webster and Mike Wiseman. The Albion project is but one sponsored by the Prison Task Force. During the last school year, and the beginning of this year,' a group of law students met monthly with an inmate group at Attica, the prison's Legislative Action Committee. The Committee was involved with drafting proposed legislation on good time provisions, abuse of administrative discretion and other matters of primary concern to state prisoners. The law students assisted in the drafting of these provisions and gave guidance to the group. The LAC no longer meets, however, as an administrative Sponsor is required to work with any such group, and the former official has not been replaced. Several groups of law students had the opportunity to tour the Attica facility last semester as part of another Task Force project. Prison administrators cited "security considerations" in discontinuing these students' tours. \ SBA Budget Results In The Student Bar Association Directors met April 15th and approved a $33,632 budget for the fiscal year beginning September 1, 1981, The Student Activity Fee will also be increased to $19.50 this fall. -Even with the fee increase of $2.50 per semester, the. new budget is almost $6000 less than the present one. Joe Ruh, Chairman of the Finance Committee which prepared the budget, explained that the primary reason for the decrease in overall funding is due to the $9000 decrease in the surplus from the previous budget. He noted that for the first time in recent memory, most student organizations ac- tually used all the allocated to them. .The $4900 money new budget includes in unallocated funds which will permit the newly elected SBA to provide the final touches to the budget when they take office in the fall. The budget adopted by the SBA wa's essentially identical to that proposed by the Finance Committee. The one change was an increase of $100 to BALSA to allow advance planning on the Law Day Activities to be held early next semester An itemized copy of the budget is posted in the Student Mailroom on the second floor. by |ay Marlin SUSTA for 1981-1982 While SUSTA funding for It's hard to believe that it's next year is still uncertain, almost exam time. Most there is nothing students need everyone is thinking about the to do to apply for SUSTA. If summer ahead, but it is also you get the maximum" TAP time to make sure before you award of $300/semester, you leave school that next year's will automatically get SUSTA. financial aid situation is under It is expected that if SUSTA funding is restored, SUSTA will control. Under control? Sure. Make grant each student an addisure everything you have to do tional $600 per semester which for financial aid has been done will be credited towards tuiby. the time you leave school. tion. The following is a brief look at New York State Loans the status of financial aid: While the New York State program (bank loan Work-Study Summer The Summer Work-Study of- loan/NYSHESC loan) will confice reports that summer work- tinue, there is still a big quesstudy awards should be made tion mark as to what changes, during the first two weeks of if any, .will occur in the proMay. Last year, the average gram due to the Reagan adaward notice was sent out ministration. And, it is still around May 10.Work study for uncertain as to what forms will the summer will be $800, and be used for applying for a will run from Julyl—August NYSHESC loan for next year. If 15. Please remember that you —there is no major change in the won't get your first work-study program, students will be able check until August 1. There are* to apply for the NYS loans any far better ways to earn a lot of ' time after May 1. Albany will money over the summer, but not start processing the apwork-study may give you that plications until June 1. If job "experience you might not iucky, you should have your money by the middle of otherwise be able to obtain. August. TAP for 1981-1982 All students who received TAP* for this year should automatically be receiving in the mail'a TAP application for 1981-1982 from Albany by the end of April or beginning of May. If you didn't receive TAP this year or you haven't received a new application from Albany, the forms will be available at Admission & Records or at the Financial Aid Office. The Office of Student Accounts will continue to take the check for a week and then take out tuition charges. It cannot be emphasized enough that you should file this loan early! It will still take 12-16 weeks to get the loan processed. All loan applications must first be sent to the Admissions and Records Office of the Law School. The Reagan administration has proposed several changes . who just can't get his or her coordination down, they can all identify with a group of finely tuned athletes, male or female, fighting to be Number One. If their team fails, so whit! "Never" doesn't exist in sports, as it may in life. Even if your .team comes in last or bites the dust, next year is a new year. You can throw away the record book, beat that rival who's been beating on you for years you have another — chance. As opposed to life; when the odds seem stacked against you in many situations, every day in sports you can see examples of odds being beaten, upsets occurring, records being broken. But most of all, you see hope. The hope that grew in Buffalo last fall. The hope that exists in spring training, even for Mets fans. You can see it in your grandfather's eyes as he goes off to Wri'gley Field for one more summer to see the Cubs. And you saw it in a bunch of kids in Lake Placid last year. Sports can't save the world, avoid the bomb, or whiten your teeth, but maybe they're the only example left of a lesson which should rule people's lives. Don't fool'yourself, nothing is really impossible, after all. Even the Bar exam. which should prompt you to write your congressman. First, theFederal Government would no longer pay the interest on the loans while you are in school you would pay it. For a law student who has accumulated previous loan debts, the quarterly interest payments while you are attending school would be quite — high The second proposal would take what the student or his parents are expected to contribute towards his education and subtract that from the stu- dent budget ($7300 in the law school) and what was left could be borrowed. Under the current program, if the school says you or your parents can contribute $4000 towards your education, how you get that money depends on whether you borrow from the loan program or pay it out of your own pocket. Reagan's program would eliminate this ability to borrow to meet the expected contribution figure. You could borrow what was left after your subtraction of contribution figure. April 23, 1981 , can't, on page eiqhl Opinion 7 �Soviet Dissident Speaks To Buffalo Students by Dana Brutman In the USSR the name of Alexandre Ginzburg conjures up conflicting notions. For some he is a respected and distinguished spokesman whose efforts for freedom and human rights, stand as a talismanic inspiration. For others he is a iconoclast, whose convictions remain as an avatar of insolence and contumacy. On April 9th Mr Ginzburg visited the Squire Hall at ÜB, and, I. of questionable Russian dissent, was intrigued by this paradox of demonand virtue. I managed with little difficulty to lay aside my homework for the evening and attend his lecture. The Fillmore Room was filled with interested observers like myself, and with what I immediately noticed to be a strong showing of local Russian emigres. These expatriates exuded a sense of anticipation and admiration, and I could feel the expectant infection easily descend on the audience. My first reaction to this man was ordinary. I wondered to myself, how could this infamous person look so much like an owner of a better men's clothing store? He did not seem to be the moral giant he had been touted as. Mr. Ginzburg spoke in Russian, and through a translator transmitted to us his recollections of life in Russia, his tumbling into a search for human rights, and his nine and one-half years in labor camps. his Ginzburg began discourse by speaking of the evolvement of human rights in Russia. He explained that after the revolution a reign of terror gripped the country until the 19505. He described a country where whole small groups of nationalities were decimated, and where 66 million people were obliterated. The government, he explained, was working to dissipate any recollection of the states' prior history, so that at the end of this terror, no traces of life before .the revolution remained. The goal was to erase from the people's minds any remembrances of a different system, a different way of life, and replace it with Financial Aid Advice con't. frompage seven publishing an underground told poetry periodical. He and his us,when Stalin died and friends would stuff nine carKhruschev came to power, bons in their typewriters and small truths of this .shocking amateurishly peck out the era were revealed. Prisoners poems, and then distribute returned from labor camps, their creation. His "crime" was and their stories circulated inspiring modest reforms. At this time, Mr. Ginzburg related, he was a young man with great journalistic aspirations. But after trying his hand at journalistic endeavors within the system, he left the profession after picking up the paper one morning only to see his name attached to an article which had been metamorphisized by a line of editors. He found the only way to escape the emasculation of his work was by writing reviews of —Current/Landau ballets. Mr. Ginzburg explained that easily traced back to the a journalist reaches a point of publisher who had inscribed decision, where one either his name and address on the languishes from the frustration back of the magazine. and becomes obeisant, or one He recalled that after returnturns in the opposite direction ing from two years in a labor and becomes an activist. Mr. camp, he found others practicGinzburg suffered from the ing his prior offense by "misfortune" of taking his jour- publishing similar undernalism too seriously and opted ground uncensored articles. for the latter. They were not arrested, and It was then that his career as the first small victory in Soviet a seeker and "recidivist" of human rights had been attainhuman rights was born. He ed. described his first offense of His second arrest came after fear. In the he had written the "white book", a collection of 19505, he Tuition Waivers All persons on tuition National Direct Student Loans waivers or on EOP funding are and Work Study for 1981-1982 reminded that they must file Any student who wished to for TAP to obtain those by Ellen Sinclair be considered for financial aid waivers and funding. All assistance from the University students on EOP waivers The student body, by a 141 should have filed the should fill out their materials 8 margin, approved the proto necessary financial aid forms when they return to school in posed change to Article 111, with the College Scholarship the fall Section 3 of the Student Bar Service and with the University Association Constitution in a Aid Office at the end Financial Emergency Loan Program held on Tuesday, referendum of January/February. If for any The Emergency Loan Pro- April 14, 1981. reason you do not think your gram will be extended for file is complete, be sure to another year. The only possiArticle 111, Section 3, had check with the Main Street ble change is mandated that elections be be that there will Financial Aid Office before a $5.25 processing fee to held within ten school days of you leave Buffalo for the sum- replace the 3% interest rate. in 1981, before Labor Day mer. An incomplete applicaSeptember 21. The approved tion can result in a late award change now mandates that the Financial Aid Problems' or worse no award! election be held within fifteen For any financial aid prosummer, for National blems over the Funding Direct all in- school days of the first day of Student Loans has been reduc- quiries should be directed to class. Classes are tentatively ed by 11%, so all awards the Main Street Financial Aid scheduled to begin on August should reflect 11% less than Office, (831-3724). The loca- 27, making September 17 the they would have been for this tion is Room 6, Butler Annex. final day for holding elections. year. Work-study will remain Two purposes for the at its previous funding level. Student Budget change had been voiced by The maximum'NDSL award for The student budget memembers of SBA. Mark 1981-1982 will be $2500/year, dian expenses of the law and the maximum work-study school student body for award for 1981-1982 will be 1981-1982 will be $7650 for $1300/year. As in the past year, non-commuterinon-married do not expect your NDSL students, $5970 for a comcheck or your work-study posi- muter (student who lives with tion to be available the first his parents), and $10,800 for a. by R.W. Peters week of school. NDSL checks married student. will be available from the midDon't forget tuition has been Unidentified vandals threw dle of September to late Oc- increased by $300 and will be out approximately 800 Opi$2500 for 1981-1982. tober. nions between 11:00 p.m. Thursday, April 9, and 9:00 a.m. Friday, April 10. The discovery was made by Jim Kraus on his early arrival at O'Brian Hall. He and another student retrieved the discarded papers and returned them to their normal distribution documents describing and publishing transcripts of a trial of Russian dissidents. He was reincarcerated for five more years. His third offense surrounded his involvement in the Helsinki Watch Group, and his administration of the Alexander Solzinenitsyn Russian Social Fund. The Watch Group was a Moscow based organization which reviewed human rights in the USSR. The SocialFund was established to aid families of imprisoned dissidents. The Voice of America broadcast to the Soviet Union the names and addresses of the members of the Watch Group. Mr. Ginz4-' burg recalled being subject to disquietude, believing his next arrest was imminent. Much to his surprise and pleasure, many supporters from within Russia sought his counsel and , voiced their agreement with his convictions. But it was only a short time before his next and last arrest. After remaining in the camps for two years his exile to the west was effectuated. Mr. Ginzburg accepted and answered a number of questions from the audience. SBA Referendum Results Tallied — — — — OPINION Chairman of fhe Rules Committee, stated in a letter available at the polls, "The new proposed date is designed to give the Board more time to advertise the availability of SBA elective positions, and to give the stu- necessary to validate the results before the newly elected students could be seated. This delayed SBA's new members from getting an early start, the main objective of Article 111, Section 3. When asked about the result dent candidates more time to of. the change (calling for campaign for office." This pur- holding elections sooner under pose will not be served in the change than the original Fall of 1981 nor 1982. It will the mandate), an SBA member however, lengthen the total Reisman, responded, "It is still better to permissible time before elec- have a fixed period within tions anytime classes begin which elections must be held, less than five days prior to instead of basing the period on Labor Day. a variable holiday." The second purpose, as ex94% of the,voters agreed pressed by SBA President Bill Altreuter, is to avoid the pro- with their vote. However.less blems created last fall by not than 20% of eligible voters having the election within the went to the polls. First year mandated period. After the students sent 81 voters (30% election was finally held a of class)rsecondyear43(l2%), separate referendum was and third year 23 (8.5%). ' Found Dumped point. iln an unrelated incident, on March 27th the library's Xerox machines were tampered with and the change within stolen. Police are investigating the incident. —AP/D. Floss Lois Gibbs and Art Schmitt, Love Canal activists �LIVE From Buffalo: It's THURSDAY MORNING! Onion NO NEWS FIT TO PRINT "Only the pathetic have no Onion" Volume 2, Number 1 State University of New York at Buffalo School of Flaw April 23,1981 First Year Curriculum Will Undergo Further Changes by Justin White The Office of the. Dean announced April 1 that a new curriculum has been created for the Class of 1984. The first semester will be designed to "indoctrinate" first year students into the "Buffalo Model Legal Education." We've had sojne good results with ,thjs-year's classes," said Headrick," as he leaned back in his swivel chair (which has been fitted with a tip-proof device to prevent recurrent spills he took last year). "So good, in fact, that we're inclined now to make major changes." Citing the success that Professor Greiner had last year with Money and Markets, Headrick indicated that all courses would conform to an abbreviated format. ."Stydenjs,. seem to like it wherrwe "shoot ..., « from the hip " i Pressed as to what courses would be offered, the faculty chief said the dice have not yet been thrown. "There are, however, some sure bets. To continue what I started with Auto Accident Law, I'm going to teach Farm Vehicle Torts. We hope to cover tractor accidents, harvester hit and runs (to emphasize an interdisciplinary approach) and Barn Yard No-fault." "Fred 'Beaver' Konefsky will teach Civil Procedure to Section 1, with emphasis on New Mexico practice. Above all, we want to be known as a national law school. Barby Blumenthal and Betsy Mensch are going to teach a cooking class to the girls. There are so many, now that our.system uses gender as a proxy for achievement." Above all, the Dean was opttrpistic that the "Buffalo Model" would cohtinue to grow. "We've got plenty of glue. With some luck, we'll be built by 1984. A man Colorado Moon killed while standing in the highway with trousers down to "moon" a friend in an approaching car is not necessarily charged with contributory negligence barring recovery in a death action against the driver, according to the Colorado Court of Appeals Decedent and fellow workers, including the"driver of the death car, had been drinking together and decided to return to town in two cars Decdent's car was some distance ahead, of the,other car when its occupants decided to stop and "moon" their friend in the following car. Beeson v Deal (Colo App, December 28, — Dean Thomas Headrick prepares to greet class of '84 Birzon Vanishes The absence of Paul Ivans Birzon, Esq. from his law school teaching respon- sibilities has given rise to speculation that the notorious Buffalo trial lawyer is missing When last seen, Birzon was announcing to a shocked early morning evidence class that he 19,79). would be "called away for a (A case Headrick left out of few weeks " Those weeks have his Auto Accident course. As become months, and but for reported in Case and Comment the steadying influence of [West 1980].) David Stiller, Esq., this situation could have gone from bad to worse According to one source, a telephone call to Birzon's ofsin to start a dairy farm. It's fice revealed that he had something I've been putting returned to Buffalo ten days off for some time. Declaring after his abrupt announcethat he would trade in his ment. This was dismissed, three-piece suits for some however, as hearsay. Birzon's "farm overalls," Mann said he car, a 1972 Ford Torino bearing license No. Paul I was seen was very anxious to begin farming. parked (illegally) outside City (Readers will recall that in Court ori April 3. That fact was designated "merely circumstantial" and not con- Law Profs. Hit The Road With a retirement age of 70 possible court action would be imposed upon all SUNYAB necessary to protect his "funprofessors, the law school will damental" fight to engage in lose two eminent teachers at commerce." the end of the spring semester- "Did you think it was by Professor Jacob Hyman, chance that I discussed who has been on an extended obscenity .at the consitutional stay, used an alleged shortage. law forum we had last week? of constitutional law! pro- I've been gearing up for this • fessors as an excuse for violating the "golden years statute of limitations." The Katz in Slammer — — who had vowformer dean ed jiever to teach here if the Amherst, N.Y. Prof. Al law school were moved to Katz was removed from his |ohn Amherst ate crow as Criminal Law class Monday Lord O'Brian Hall was one of when one of his students the first buildings to go up on tified himself as an Amherst the new campus. policeman and arrested the "It was a personal setback," tenured professor for smoking remarked Hyman as he mused directly under the "no smokin his fourth floor office. "I lovwho ing" sign. The officer ed 77 West Eagle. It was just not to be identified. -Professors Mann & Hyman ponder their futures asked across the street from the said that he only took the accourts, and all those judges tion after Katz had for the sixth were my good drinking bud- battle for years. As you know, the last issue of the Onion, time told the story of a former it is not possible to be accordMann's indictment for cruelty dies." " student who had outraged the Questioned about his plans ed standing without 'injury. to animals was handed down professor by making personal for retirement, the tall fiftyish- Depending upon restrictions by a Wisconsin county grand telephone calls on a university looking professor replied, affecting my right to do jury. After a short trial, the con "Who says I'm retiring?" business in Kenmore, I foresee law professor was found guilty grace." Professor Milton Kaplan was Reminded that his year of being in court early next year." of that offense, and sentencing Asked whether venturing ingrace was'up, Hyman snapped, by Judge Bo Vine was reserved also asked about his plans for retirement, but scoffed at the "Well, all right. So what? I'm to thebook selling business up to press time.) going to attend to my business was intended simply to stage Questioned whether his idea that a teacher should anin Kenmore full-time. I've own- constitutional litigation, the hopes to begin dairy farming ticipate such an event by 23 ed a bpokstore there for the old man smi|ed, "No com-, would be affected by the con- years. "I'll probably do some type viction, Professor Mann made ment." \ • past two years." , Professor W. Howard Mann an unfamiliar gesture at this of kelp-farming though. I've Mentioning that the business has met with a surpris- was less equivocal about his reporter, and left doubt beard that there is cheap land whether he would indeed be around Three Mile Island, Pa. ing amount of community own plans. resistance, Hyman indicated "I'm headed out to Wiscon- forced to seek his own "year of It has the warm water — — . • elusive proof of his presence in W.N Y. It was argued that absent a $50000 suit, a pair of bush eyebrows, and a diamond pinky ring that no case for his being here could be made out Adjunct Professor Stiller, who was a stoned scholar at Columbia, explained.that his knowledge of Birzon's whereabouts was limited to a letter which he- received the day after he took over "All the letter said was, I'm going to Crooked Creek with Walters.' Maybe Mr. Birzon went out west for the opening of Steelhead season I don't know." Most students in the class were, convinced that an irrebuttable presumption faced anyone with a possible explanation: namely, -when you're making big bucks downtown arid have' had your fill of Buffalo Law Students, you leave without explaining yourself, and never return — phone. "Katz had just told us," the officer said, "that none of us has the right to selectively determine what laws should be enforced. So I arrested him " Later, in a jail-cell interview, the Onion asked Katz why he smoked in class. "How would you like to stand up in front of eighty people waiting for you to make a mistake," he replied. Regarding his defense, Katz said he intended to consult with Prof. W. Howard Mann, noted constitutional law expert. temperature I'd be looking for." Professor Richard Bell, himself more removed from the deadline than Kaplan, seemed to have some ready answers. "Thirty-two years can pass •by awfully quickly," said Bell. "But statutes of limitation can be manipulated. Believe me." �#nion Vol. 2, No. 1 April 23,1981 Innovative Course Offerings Should Highlight The Fall Term Editor-in-Chief Justin "Perry" White by Managing Editor Anonymous News Editor: Feature Editor: Photo Editors: Business Manager: Anonymous Anonymous Anonymous Anonymous * - Joe Peperone Responding to accusations that the Law School has failed to offer a well rounded curriculum, Registrar Charlie Wallin has released the following course descriptions for the Fall 1981 Term i © Copyright 1980, Onion, SBA This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! December. Contortiminal Procedure, Prof. Konefigrenatzelegel (15 cr.) My Friend The Industrial Revolution, Prof. Atleson Prof. Atleson shows his true colors in this course, describing his past life as a minister in a small town and how he kept the union out, though he had to shoot a baby in the process. Protecting Civil Liberties, Prof. If a wiget sold to X Corporavalid UCC Article Justice Rhenquist No course description is Using the Boston Red Sox as 2 contract with basic warranty an example, Prof. Joyce will disclaimers falls off an office available at this time, but the show how an organization with building and knocks but a final exam will be a floater. a paper value of 17.8million police officer attempting to Sometime during exam week, you will be given the name of a dollars, a television and radio stop a crime, can the comclassmate. That night you will contract worth 4.2 million plaint withstand a 1.2 (bX6) modollars and annual salaries of tion? Find out September sth. have to break into his/her living quarters,-forcibly take any only 2.9 million, can have a net worth of zero and qualify as a The Camera Never Blinks, Prof. evidence you deem relevant to anything, tie up your victim, arClass A charity Katz Professor rest him/her and give the peroffering, this In Who Needs Microfiche?, Prof. Katz will show films and pic- son their rights in Ukranian, Mann tures of his role in the Abscam and force the person to conThis course will reduce scandal Female Con- fess to multiple unsolved felonies under threat of urine everything you really ever gressperson Division. No inneed to know about the cases dictments resulted from Prof. analysis. If the convictions in the National Reporter Katz's work, but Liz Holtzman hold up in court H City! System, Federal Supplement, can be heard saying nasty Guerrilla Property, Prof. Federal Reporter Ist and 2nd things about Bess Meyerson. Greiner series and the decisions of the Learn how you can, in one U.S. Supreme Court (official Molotov Repossession, Prol. and unofficial) to both sides of Girth short semester, take possesa 3x5 index card. Former Creditors giving you sion of multiple tracts of land students of Professor Hyman troubles? Bankruptcy, staring for future profit making and must attend a two-week you in the face? STRIKE BACK! condo development, all under debriefing prerequisite. Learn how to wire your car as a color of law. The intricacies of deterrent to repossession. Be adverse possession, surprise Environmental Law, Visiting taught how to sneak into Coun- easements, and condemnation ty Hall late at night and steal procedures will be taught Professor James Watts Interior Secretary Watts will all papers which perfect securi- with guest lecturers lending ride in from his job in ty interests in your possessions their expertise. Know how to Washington once a week to Turn household appliances in- file eviction notices on your teach "this course. Subjects to inventory and mining in- enemies- without ever, acquiring an interest in the property.' covered will be: How the tree terests into farm products population of Washington all for your incidious Article 9 Turn your fee simples into life must be eradicated to stem purposes. Prof Girth is a interests and tell your heirs to pollution; How Bambi really graduate of the Smiling sit on it. Prerequisite: clean loves strip mining; and How Crocodile School of Financing. hands Yellowstone National Park can be safely reduced to a KOAsupervised three-acre zoo Tax Tricks, Prof. Joyce Staff: Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous Required for first year class, open to all others. A very important course, essential to legal studies. The syllabus will be released sometime in tion under a — — Tuna Flounders by Alan Junne On the eve of his job being posted, financial aid advisor Ray Tuna stunned law school officials when he announced today that he will reapply for the position of financial aid ad- visor for school year 1981-1982 Ray, an erstwhile 3rd-year law student who has served as the Law School's financial advisor for the last two years, said that he felt he had the "experience" necessary for the job When asked how he could reapply when the position is normally filled by an enrolled member of the Law School, Ray scratched his receding hairline and argued that since most persons, including his teachers, didn't think he was a student, there should be no problem about his status in the future Ray cited the creation of the Law School emergency loan program, increased financial aid budgets, excellent student service, and his own lack of a job as prime reasons as to why he deserved the post for the next two years Said Ray, "Look, I feel we've accomplished a lot in financial aid over the past several years I would expect that based on my experience we could accomplish a lot more over the next two years. Besides, where else could I get a job whose office has its own patio!" Response from the administration was mixed. Chuck Lallin, who serves as Ray's immediate boss, reacted with a shrug of his shoulders and a puff on his pipe. Associate Dean William ("Antilla the Hun") Grinder was heard muttering, "Give a student a job, and he thinks he's got a lease for life."Associate Dean Alan "Good News" Cerrel expressed his delight that Ray was finally able to obtain a law-related job. Student reaction, especially from those who were expected Onion 10 to apply for Ray's position, ranged from weeping in the halls to suggestions that Ray be used as the cornerstone of a new student union. The Bookstore reported an increase in the sale of handguns, especially to first year •.tudents, and a first-year student on financial aid was reportedly circulating a petition of mandamus demanding Ray's graduation from the Law School Sources close to the scene anticipate that negotiations between Ray and the Law School administration will begin shortly The Onion has learned that' noted sports agent Leslie Fox will represent Ray in those negotiations It is expected that Ray will be seeking an annual $30,000 two year no-cut contract, the use of a sports car from the State motor pool; an expansion of the WATS line to cover the United States, and a complete refurbishing of his office, mcc luding a wet bar and couch (to provide a suitable atmosphere to discuss the more sensitive aspects of financral aid). Staff personnel who work with Ray in Admissions and Records expressed shock that Ray would seek reappointment. "We thought he graduated last year," said one hidden source. "Whenever we called his office, someone answered the phone and said that Ray was not in." Ray's constant companion over traveling the past several years, noted Moot Cout member Juanita Carmelita Gumba Tomares, was seen emptying out the contents of Ray's locker, and filling it with huge bags of rice in the event of a siege at Ray's office. When last seen, Ray was gathering all financial aid materials within the Law School and promised ta start a huge bonfire if anyone attempted to dislodge him from his third-floor hideaway. April 23, 1981 . — — Microbiological Nuclear Macroeconomics, Prof. Zork Rocky II Replies To the Editor: I am writing to express my disgust with the slanderous headlines on the article for ITALSA ("ITALSA MAKES YOU ANT OFFER YOU CAN REFUSE"). It only highlights the need for this organization to combat such invidious discrimination against Italians. If the responsible for that headline is ever discovered, I guarantee he will sleep with the fishes. The first meeting is being planned (at a time and place which will be announced only to members). Jimmie Fratianni will address the group on the prominence of Italians in the American Criminal Justice System. Also, the Joe Valachi choir will be on hand to sing folk songs about their family In addition, the meeting wilh feature discussion about discrimination against Italians in the NBA (since most of the. teams won't consider players under 510"). As a cultural sidelight, members will be lectured on important aspects of Italian heritage, including cooking.with tomatoes and speaking with their hands. The organization has steadily been increasing in size. Rarely does a day go by who doesn't join the group. Funding has been requested from "the SBA to increase the group's collection of Sinatra records. Rocky II (Editor's Note: It was Joe Peperone who suggested the headline. Go get him, Rocky.) �Student Beats The System by Frank Zip it would be easier to period of 24-36 hours before camoflague myself in the the exam and take in all the .It's taken me four semesters dense -forest of an overloose talk for which that place of law. school to do it, but I enrolled class. I had to be is well known. The only prohave finally perfected the art careful, though, because some blem with that method arose of getting Q's without doing courses, like tax, are taught by when non-law students sat any work. The reason it took so professors who could pick a D around that area; then I had to long was that I came to law off the tail of a skunk at 500 be careful not to pick up stray school actually expecting to yds. And, there are also some concepts. (The only explanabe educated, trained to be an teachers who I ike. to call on tion I had for talking about attorney. I know this sounds random students in large returns to scale on one exam like a Dickens novel, but I was classes. Needless to say,, this was that I must have thrown into Section 3 and my repugnant practice has overheard an economics stutroubles began. Disillusion- disastrous effects upon efforts dent say something as the ment and skepticism set in to avoid serious work, and I ' elevator opened on the second quickly, as I realized I was a therefore devised a method to floor. mere playtoy in the intellec- deal with this unpleasantry. I A major hurdle I was unable tual deathgrip of various pro- wore a paper bag over my to clear was the dreaded fessors. They wanted to teach head. When any professor callseminar. They are usually too me.to be a lawyer like I wanted ed out, "Mr. Zip," I said small to use the paper bag a case of acne. So I decided to nothing It used to make me trick, and professors normally fight back. Play a game within laugh so hard after class that I require each student to present their game, so to speak, and nearly sucked the paper bag a paper at the end. While I win both. It was a beautiful down into my lungs. have resorted td unusual plan, and it worked. The real challenge, however, methods, cheating or First of all, I realized that came around exam time. If the plagiarism are not among professors at ÜB. give very exam were an in-class, openthem. So, what I did was this: I few D's and rarely any F's. The book, I used to turn pages told the professor that I'd people who received those slowly and write fast Once I research a very narrow topic. grades weren't .dumb, just took too many reds and nearly What I really'meant was that I stupid. They studied for exams copied the book, page-forwould find the most obscure all semester as if what they page. Most of the time, I had subject matter, about which wrote really mattered no idea what I was writing. But mothing was actually known this, Understanding I I'd throw in words like 'nolo and about which nothing could developed a system. contendere', 'condition precebe really said or disputed. I I avoided courses known for dent', and 'de minimus' to remember one paper well, their high percentage of divert the reader's attention (It "Federal Court Martial ProD's,like any of Al Katz' classes backfired only once, when I cedure As Applied in State I reviewed meaningless SCAT suggested in an evidence exam Courts of Small Claim: The Erie sheets for the one bit of rele- that the faultering lawyer use Problem Revisited " Citing vant information they contain- habeas corpus to remove a Hawaiian and Puerto Rican ed, i.e., the grade percentage hostile witness fcom the stand precedent, I maintained that breakdown. They were my de novo). there was, little threat of indead reckoners Closed-book exams present terference by the federal Then, I registered for their own problems They restatute (especially since Puerto courses' 'which* .had, plenty df quired that 'I sit on the window Rico was not yet a state). After students, under the theory that sill of the law library for a discussing jimmy Ko (those Hawaiian names!) v. Kahuna Laundry, 331 Hawaii 50 (1960) (a case involving alleged damage to one of those famous "pineapple" shirts the plaintiff had purchased in Hong Kong, in which Federal Court Martial Procedure was held not to apply), the teacher advised that we take a break, after which no one returned to hear my conclusion So there you have it the wealth of my law school experience Anyone interested in Who are these people (one hint —one of them was a surprise en further "information can pick try in N.Y.U. Law School, Class '82)? up my book, "SUNYAB LAW WITH YOUR FYES CLOSED," on sale now in the Baldy Bookstore - ' - — ! — Goldberg v. Kelly Reversed In a surprise move last jnonth, the Supreme Cdurt reversed the landmark welfare entitlement case of Goldberg v. Kelly (397 US. 179). Goldberg had been argued and decided in 1970, when ÜB. law professor Lee Albert and others successfully defended John Kelley's right to a pretermination hearing. The impact of the case, later overemphasized, was that welfare cent political changes, receipts of welfare benefits could in no way be considered a right. Mr Justice Brennen, writing for the court, remarked that "there change which we foresee will occur in the wake of our decision." (436 U.S. 103) ... . .. . Reached for comment, Professor Albert was in his conhas been an overwhelming demnation of the court's decirevision of our thinking in this sion. country, particularly with "Well, come on. No, well respect to government largesse. President Reagan's re- no. It just isn't possible is it? I cent mandate is sufficient mean, what if ... if there authority for the proposition are due process questions, that the public fisc can no issues, that this decision raises. strike that a benefits or the receipt longer subsidize private ir- Am I, Lee pracThere a h aven't university professor is responsibility. was a right as thereof you people in the Onion tired, tical problem which threatendistinguished from a privilege. ed to render this whole quesI" mean become bored, with In an ex patte proceeding, tion moot, i.e., a sheer lack of parodying my delivery. It's bad the Supreme-Court granted the 'public funds to provide enough that Goldberg's been respondent's petition for a Disability Benefits. However, reversed. You sons of.,_, strike get me a copy of the rehearing and decided, citing we do not reach that question. that Swift v. Tyson. A unanimous Our purpose here is to Opinion, will you. I'd like to court held that in light of re- facilitate broad legislative see it." —— .. ... Ms. McCormick move. makes her Headed for Hollywood - ' Tax dollars spent wisely Random Briefs Carol Burnett v. .The National Law Review respectively, concurred that it was probably a bird house (what does that say decided by a Los Angeles about law review?). Bob Potencounty court, former drug user za, glib wit and tax whiz, and alcoholic Carol Burnett stated emphatically that it was recovered 1.4 million dollars a "periscope to see into the seagainst the prestigous National cond floor bathrooms." Mary Inquirer. The Inquirer, which Fahey, who will clerk for the has assumed the role of public 4th Department next fall, said watchdog, had released a story it was an airlines arrival and linking Ms. Burnett with departure console Mary plans drunken episodes inside a to fly to Rdchester next year, although it is not known yet Washington restaurant According tha that story, the actress whether she will do so with the had hurled vituperative assistance of aircraft. To be sure, the box is a housepithets at former Secretary of State Henry Kissinger while ing for a monitor which will totally intoxicated Although broadcast taped messages these facts were controverted from Dean Headrick to the law by Ms Burnett's lawyers, the school .* Onion has learned that one the ** In an uncharacteristic show night in question, Ms Burnett of stealth, Ms. Caitlin McCortook a Urge quantity of cocaine in addition to various mick attempted to glean alcoholic beverages, and in the unawarded honors at convocaheld ceremonies of several tion company Hollywood personalities, said prematurely this year. The efthings to Mr Kissinger which fort, which would have deprived Kathleen McDermott of a cannot be reproduced herein hard-earned accolade, was After interviewing the jurors frustrated when Ms. McDerwho decided the issues in favor of Ms. Burnett, it was learned mott appeared to receive the award herself. Unwilling to that she had made promises of substantial compensation to allow Ms McDermott's each of them for a favorable presence to deter her, McCor mick approached the stage verdict When pressed as to which charity the actress (who hoping to beat her classmate was responsible for the careers to the envelope. Dean sensing something of such heavyweights as Tim Headrick, was amiss, smiled sheepishly Conway and Harvey Ko(man) would be donating the pro- as he greeted the two canceeds of her million dollar ver- didates for the single award. It dict, she indicated the award was only quick thinking on the will be made to Carol Burnett part of Ms. McCormick which saved the day: realizing that Enterprises, Inc., a corporation responsible for the support she was beat, the pretty, perand maintenance of her drug sonable international law scholar put the blame on dependent daughter. Inquirer In a precedent setting case Headrick's mispronunciation of Irish names. Later, capitaliz- *** In other news, Governor ing upon another mispronunciation, Caitlin copped an Goulash, whom the Onion has award'intended for Kate Mclearned was married 18 times Cdurt who did not attend before meeting New York's *** chief executive officer. ReachBob Seigel, former Associaed for comment, Carey equiption Editor of the Opinion, ped, "Are you kidding?" rehearses for his sojourn to the West Coast, where he plans to *** The box pictured above has (a) go to journalism school, (b) spurred intense speculation practice law, or (c) begin a regarding its purpose. Larry career in showbiz. Does the Malfitanoand Peggy Fabic, Expicture leave us any doubt ec and Senior Editors of the which of the above it will be? Carey married Ms. Evangeline April 23, 1981 Onion 11 �Requiem For a Lightweight U.B. Law Loses An Institution this of his request did not strike us blush, vve have acwill lose one of its arguably quiesced. The prejudice of strongest assets. Joe Peperone, hindsight wduld weigh too sports afficiando to the law heavily, perhaps, upon those school, will leave in September guesses, and in the spirit of to become a clerk for the Palsgraf v. Long Island R.R., it Court of Appeals in Albany. is not the hindsight of a fool During the past two years, but the foresight of the Mr. Peperone (who will remind "reasonable man" which we you without asking that must bear as a standard. Peperone' is spelled with one What, then, can be said P') has blessed us with insight, about our former Sports commentary, and prediction That he was a selfEditor? the events of profesabout proclaimed "expert?" No one sional sports While this article can remember back that far. to was originally intended That he never played sports review some of the many himself? Pure hearsay. That his predictions that Joe has made identification with athletes dyer the years, he asked that was Freudian? Scandal! we refrain from dding sd. Although the reasonableness Actually, the gipper has With graduation of year's senior class, the Opinion at first sports in his blood. Like you and I have platelets and corpuscles, Joe has little baseball mits and footballs. Remember the show, "Let's Talk Sports?" Joe had an idea one year, "Let's Eat Sports!" In fact, at press time, the little fella was rounding up a group to attend the Blue Jays-Yankees game in Toronto. In short, let us savor the light Pepperone shed upon sports while he was with us. Even if that means ignoring all the prophecies Joe made. If we can forgive Tamara Rand, certainly Joe deserves the benefit of our doubt. Good Luck, Joe, with the justices on the Court of Appeals. Hopefully, they'll be more gullible. At Your Newstand Now BUFFALO LAW REVIEW I 12 Onion VOLUME 29 ' SPRING 1980 NUMBER 2 Articles Free Speech in the Classroom: Is There a First ■" Amendment Right? by Phil Halpern The Shoe Theory: Taxation on the Wright Foot, by Louis Del Cotto - Running On Water Joggers' Rights and Coastal Zone Management, by Robert I. Reis Carl, I Think We're in roto. by John Henry Schlegel Notes None Dare Call It Treason -A Critical Look at UNCLOS 111. by Winsteadi Lome Comment Chemise Lacoste: Implied Warranty of Prepiability? by Scott Andree Wright Use of Dogfood at Taco Emporiums - Within FDA Purview? by Marshall Breger The ABA Dress Code: Will Law School Ever Enforce It? by Justin White FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITY OF NEW YORK AT BUFFALO April 23, 1981 Opinion sports reporter Joe Peperone is seen here outside a bar in Edmonton, Alberta. Joe's search for a reporting job came to a tragic end last week when he showed his last sports article to the Edmonton Star, the only paper dumb enough to acknowledge his resume. Gypsies In Possession by Scott Capen Dean Headrick announced today that the gypsies who Act. The Dean, noting the. shoddy construction, remarked that they may be remodeling for a more permanent stay. The Oxford-educated have inhabited the second floor since spring break have helmsman of the law school met the statutory requirements declined to comment on for adverse possession and rumors now circulating throughout the school that the cannot be,forced to leave. were responsible for a gypsies The boy Dean noted that law library break-in and gypsies have been doing this recent vending machine heist. sort of thing since the 15th cenHowever, he * cautioned, tjfciai "We may that, and he tury 1 able to incdrporate their hbres'l bwneri and pareTrfS-'crf small well children would be presence here into our properadvised to keep their charges ty curriculum." at home during the gypsies Headrick was first alerted to stay. this situation when members light of these In of his Property I section in- developments, security around formed him that they were the duck pond has been doublunable to use the bathrooms ed While the gypsies on the second floor. Plastic themselves have consistently sheeting had been erected by refused comment, several have the itinerant wanderers in front been overheard to say that, of the bathrooms in order to while there is not much room proivde sufficient im- for sleeping, thejr family of 16 provements on the property to to 23 never has to wait to use qualify under the Homestpad the bathroom in the morning. Prof. Doubles As Cleric Law Professor James Atleson recently'admitted that he was dnce a Catholic Priest named Father Guido Sarducci. Atleson confessed that he was kicked.out after he attempted td unionize the priesthood and strike for better hours. Atleson says that "The man upstairs is guilty of unfair labor practices." When asked -if he recommended a career in the church for law graduates, he quipped that after three years of law school celibacy is easy The University of Buffalo's to accept. '■■ of Law Faculty and jurisprudence boasts the largest Ethics Professor, or us- U.B. Talking Proud ed to, and the most expensive Ethics Course east of the Rockies. The Law School at Buffalo also can claim to have the only Torts section in the United States since 1928 where Palsgraf v. Long Island R.R. was not taught. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-04-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/23/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4b392cd6300acefbb377581f0d9fc357.pdf 73a767fac977a090977d0889597ed601 PDF Text Text Orientation Extends Warm Welcome to Freshmen by Barbra Kavanaugh . The Class of '84 was eased into the law school community by the Orientation '81 Committee, co-chaired by second year students Joyce Funda and Sara members of the administration introduced the class to various aspects of the school ranging from the practical pointers by Registrar Charles Wallin to reflective ruminations of the law school experience by Pro- brilliant yellow shirts, the wine supply. freshmen separated into The whirlwind of activities groups of 10 or 12 studentsand on Tuesday led to an assortbegan a crash course in learn- ment of optional activities on ing the A to Z's of law school. Wednesday checking out In addition to touring the the open house held by the school's facilities, from the various clubs and organizalibraryjo the vending machine tions of the school, buying areas, the groups were given more books, taking care of hints on briefing cases, buying A&R matters and having taken books and other gems which the seating chart photos of historically have been anxietythose who somehow missed — provoking in the first few weeks of school. After having lunch with their group leaders, the students met in their sections with the first semester professors. The opportunity to scrutinize the faculty (and vice versa) extended to the traditional wine and Sheldon Hunt, on August 24 fessor Emeritus Jacob D. Hyman to the "entertaining" and 25, 1981. Officially launching this demonstration of the socratic year's orientation, Dean technique by Professor Thomas Headrick rendered his William R. Criener. traditional welcome to the apGuided by approximately 35 proximately 250 first year law upperclassmen, dubbed the students in attendance. Other "canaries" because of their Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 cheese party which was held on the second floor of the library and the adjoining terrace. The congenial crowd and perfect weather were big factors in explaining the premature depletion of the out on Tuesday's snapping ses- sions. It was a casual type of day and it was noted that the freshmen turnout was rather low, perhaps indicating that some of Tuesday's activities could have easily been scheduled on Wednesday. Wednesday night, the night before classes started for the entire school, found almost 200 people crammed into Rooties Pump Room partying as if there indeed would be no tomorrow. The beer was free and flowed easily until the Opinion kegs were emptied by the en- thusiastic crowd. Chicken wings and pizza were also provided, although there are some who swear they never saw the food due to the voracious appetites of the crowd hovering over the food table. The crowd was a mixture of first year students, the students who worked on the orientation committee, a few second and third year students who would by and adnever let a party ministration and faculty members, including Dean Thomas Headrick, Prof. William Criener, Prof. Al Katz, Prof. Elizabeth Mensch and Prof. Allan Freeman. The consensus was that the party was a great success and seemed to indicate that the Orientation Committee had succeeded in its goal of easing the new class into school and creating a relaxed and comfortable atmosphere. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 'The function of a free press is to comfort, the afflicted and afflict the comfortable. ' H.L. Mencken — Volume 22, Number 1 State University of New York at Buffalo School of Law September 17,1981 Prison Task Force Teaches Legal Research At Albion by David Nelson a revised curriculum for the men. In general, the classes were Beginning last March, members of the Prison Task well-received by the,prisoners, Force have been conducting a many of whom have a serious Legal Research Class for the interest in learning how to prisoners of the Albion Correc- research and to use the law. tional Facility, a mediumWhile the primary emphasis of security prison for some 70 the course has been on legal women and over 250 men. Dur- research skills, some materials ing the Spring 1981 semester, have been developed on the Task Force taught the class specific substantive legal quesfor the women, whose pro- tions of interest to prisoners, grams are almost exclusively and these proved the most Albion will continue, although no definite arrangements have been made. All members of the law school community are welcome to participate in this year's project. An organizational meeting will be held soon, hopefully the week of September 15th. The Task Force is funded by the SBA through the National Lawyers' Guild, of which it js a subcommittee. Membership in the Lawyers' Guild is not required. If you are interested in segregated from those stimulating for the students. It is anticipated that the participating in this year's proavailable to the men. This past summer, the Task Force taught Task Force's relationship with gram, please look for signs for the organizational meeting next week, or put a note in take up to five hours including transportation. Teaching responsibilities and preparamailbox No. 468. In terms of time commit- tion take up additional time, ment, the classes are held but are shared on a relatively weekly, in the evenings, and loose, rotational basis. Parking Poses Problems and Acheson Halls on the Main Street campus. Undoubtedly, Returning UB Law Students much of the current parking have found themselves battl- congestion can be traced to sudden influx of ing for the privilege of parking this their automobiles. With the undergraduates. Captain Jack Eggert, head of opening of the Knox Lecture Halls, the once simple task of SUNY/AB Public Safety and parking one's car has become Traffic forces, maintains that a trial somewhat akin to the the current difficulties will date for administering the nine labors of Hercules. soon dissipate, and claims a ethics portion of the exam. An estimated seventy similar problem exists at the In other developments, a classes per week will be held at start of every semester. Lieutestate court has set aside a New the capacious Knox lecture nant Little, nominally superYork requirement that the halls. Previously, many of the visor of ÜB's Traffic and Parkmultistate portion of the bar classes now scheduled for ing Division, could not be exam be taken while being Knox were held in Diefendorf reached for comment. physically situated in New York. Such a requirement had made jt difficult for students to take examinations from New York and other state concurrently, since often both states would require physical presence for the multistate by R.W. Peters Bar Exam Changes Proposed by The Patrick Dooley New York Court of Ap- peals is now considering posal that could make that final frontier of all law the bar examinastudents tion a little harder to cross. The exam as it currently exists requires two days of testing, one day covering basic "multistate" fundamentals in a 200 question multiple choice — — question format, and a second day of essay-type questions on New York law, which draws on a possible 25 subject areas. The State is now considering adding a third day of testing which would cover the area of professional ethics and would based solely upon knowledge of the ABA Code of Professional Responsibility and Judicial Conduct. To date, fourteen states have adopted be such a requirement. The test format would consist of 50 multiple choice questions which would be designed to test an individual's knowledge of the ABA canons and their application in given situations. If the proposal is adopted, the state will allow the test to be taken by students prior to graduation, which would allow an examinee the option of avoiding the burden of a continuous three-day bar exam. Given the nationwide trend towards the adoption of an ethics requirement, it is likely this exam will be required for all students graduating after 1982. It is unclear at this point whether seniors taking the 1982 test will be required to sit for the ethics portion, but an answer is expectlpd by early November, the first proposed portion. In an unrelated action, the filing of a federal suit persuaded New York to allow persons who had twice before failed the bar exam to retake the test on the )uly test date. Previously, such individuals were only allowed to take the February exam, which forced them to wait an entire year before attempting another go at the exam. photo by Lee Berger �Vol. 22, No. 1 Opinion l Editor-in-Chief Ralph W. Peters September 17,1981 , Photo Editors: Ken Artin, Colleen Jones, mrnistration and staff. Steve Cielowski, Matt It was truly a team effort. Orientation '81 has been put Plunkett, Carolyn Messana, Our job was certainly made to rest, but we feel compelled Mike Kanaley, Jon Malamud, easier and perhaps more importantly, we feel that the to do just one more thing. We John Stegmayer, Laura Doolitwould like to publicly thank tle, Joe Ruh, Julia Carver, Ron myth of the apathetic law stuthe students who worked on Mendrick, Angela Reyes, dent has been dispelled. the Committee all summer Sylvia Fordice, John Faria, Thank you again. You were Kathy DeWitt, with so much dedication and Rodd to work with. wonderful competence. These people Gladstone, and Judy Holender. Our appreciation also exwere an integral part of Orienloyce E. Funda tends to all the small group tation and in no small way conSara Sheldon Hunt to the and ("canaries") of the leaders to the success tributed Co-Chairmen members of the law school adprogram: To the Editor: Managing Editor Larry Spielberg News Editor: Feature Editor: Orientation Leaders Extend Their Appreciation To All Those Involved ■ ' Barbra Kavanaugh Joyce Funda Lee Berger Gary Caines Frank Bolz Business Manager: Contributors: Pete Dooley, Steve Cetzoff, Marty Miller, Dave Nelson, Rick Roberts, Joe Ruh, John Stegmayer. © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. U.B. Student Expresses Satisfaction With Her Orientation Experience tators were sensitive to this and sincerely tried to help us relax once we broke up into The Orientation Committee's attempt to smooth the small group meetings. It was transition into Law School for extremely helpful to have the some 280 students was a noble opportunity to question upendeavor. Doubtlessly, the perclassmen about whatever vast majority of us were aspect of school we were hopelessly confused when we curious about. Throughout the walked in I, for one, was much entire day, everyone was more more at ease when I walked than willing to talk, and eager out. to assist us in any way possiIt was touching to be ble. Unfortunately, too much welcomed by the Dean and his entourage, but the mystique of was crammed into the first day Law School which encourages of Orientation. The whirlwind symptoms of anxiety and/or tours, locker-hunt, and seatingparanoia, remained. The orienchart photo, among other To the Editor: Editorial No More Atticas! At 9:44 A.M., Sept. 13,1971, six minutes of police gunfire end- ed the Attica Rebellion. Five hundred state troopers opened fire on 1,200 prisoners, leaving 43 men dead, including nine hostages taken by the inmates when the rebellion began four days earlier. Many reasons have been cited for the Attica Rebellion. However, the extremely overcrowded conditions of the maximum security facility have always been thought to be the most decisive and immediate reason for the violence that erupted during that long weekend. When the takeover began, there were 2,250 inmates at Attica. Although the New York State Special Commission on Attica recommended that the prison's population be held to a maximum of 1,200, that number has gradually grown, and Deputy Attica Superintendent Richard Fietz expects the prison population to reach 2,150 or 2,200 by January 1, 1982. Attica reflects a state-wide problem, as the prison population throughout New York has doubled since 1971. There are many reasons for the overcrowding of New York State's prisons. Although many people claim that the overcrowding is caused by the growing rate of violent crime, there is little or no reliable evidence that the crime rate has changed since 1970. What has increased is the public's fear of violent crime, a fear that is fostered by the media and some politicians; with many judges reacting to public and political pressure by handing out more and lengthier sentences. Fifty percent of the people convicted of felonies in New York State in 1979 were sent to prison, compared with 35 percent in 1970; 73 percent of New York's felony offenders were sent to prison or local jails in 1979 and 24 percent released on probation, compared wiih 58 percent sent to prison or jail in 1974 and 36 percent-released on probation. In order to contain the growing prison population, Covernor Hugh Carey is presently pushing a $500 million bond issue on November's ballot that would add three new maximum security prisons to the six already run by New York State. Throwing money at the problem will not solve it. A 1980 report by the U.S. Department of Justice's National Institute of justice indicated that as new prisons are built, the courts will simply commit more criminals to them. This will cause inmate populations to expand anaPipvercrowd the new facilities as well. community service or school for There are alternatives first-time or non-violent offenders, half-way houses, work release programs and others many of which were suggested in the aftermath of the Attica Rebellion. There have been successful experiments with many of these programs, but they are expensive and too many have not survived. Five-hundred million dollars could be better used to explore these types of alternative programs. There is no reason, there can never be any reason, to build more Atticas. ... — — * * * ALL LAW STUDENTS * * * Student Activity Fee Waiver Applications Pick-up: Monday, 9/21 Return by: Friday, 9/25 Available at SBA office, O'Brian Room 101 2 Opinion September 17; 1981 things, left little time to enjoy the wine and cheese'party to its fullest. Spreading these activities a bit more evenly over the two days would have alleviated some feelings of distraction and exhaustion, However, the general consensus of first year students I know was that the orientors greatly eased apprehensions and misconceptions. The feel- ings of congeniality continued through the second day of the program, culminating in a party at Rooties. Denise Balan Law Review Announces New Staff To the Editor: Richard Alexander, Susan Arx, Keith Bond, Victoria On behalf of the Buffalo Brieant, Linda Casciotti, Joe Law Review, I would like to Cavan, Chris Desmond, Alan welctJme back all returning Friedman, Wayne Cradl, Judith law students and extend Holender, Mary Home, greetings to our new incoming Cathryn Jackson, Ruth class. We are pleased to an- Keating, Robert Lane, Jane nounce that the following Markle, James Mayer, Raystudents have accepted invita- mond McCabe, Caitlin McCortions to become Associates of mick, Alan McCracken, Ron Mendrick, Rochelle Reback, the Review: yon Barbara Schifeling, Stephen Sheinfeld, Leonard Singer, Alan Solarz, Enid Tanenhaus, and Ron Weiner. We wish all law students a successful and productive school year and good luck during the interview season. Ed Flint Editor-in-Chief Statement of Opinion Policy and Principles The Opinion is the student run newspaper of the State University at Buffalo Law School. Holidays, exams and finances permitting, the Opinion will be distributed every second Thursday throughout the school year. Editorial decisions are made by the Opinion Editorial Board. The Board is elected by Opinion Staff, who are those persons who have had three or more articles or graphics published by the Opinion during the course of the school year. These elections are held towards the end of the spring semester. The Opinion welcomes copy from all those who care to submit it. Deadline for printed material is Wednesday noon, the week prior to publication. All articles should be typed, double spaced. The Opinion would like to increase its revenues this year. In furtherance of this goal, the commission on the sale of an advertisement has been increased to 25%. Interested students may pick up rate sheets at the Opinion office, Room 724, O'Brian Hall. �New Reagan Bills Affecting Student Loan Programs by Joe Ruh This is the first of a series of columns I plan tarun in every edition of the Opinion. I will use this space to highlight recent developments in the financial aid area and answer the questions most frequently asked at the office. If you through your law school career. Some of the obvious changes are summarized below. ■ 1. Origination Fees If you had not received your promissory note from the bank by August 23, 1981, then your lender has the authority to take 5% of the total amount of the loan off the top before disbursement to you. The lender will apply this amount to reduce the government's cover the interest are in school. payments to while you Therefore, if proved for your loan was ap$5000, and you hadn't signed the promissory note by August 23, the check you get will be for $250 (5% of $5000) less than your room- mate who received his check would like a particular area before the deadline. covered in this column, stop 2. Limitation of Eligibility by the office or leave a note in The new law provides for an my mailbox, No. 785. Guaranteed Student Loan Pro- gram (NYHEAC) On August 13, 1981, President Reagan signed, the Postsecondary Student Assistance Amendments of 1981. The effects have already been felt and will affect you income test to determine for federal eligibility guaranteed student loans. This provision will apply to all loans on which the Main Street Financial Aid Office completes Section B of Ihe application on or after October 1, 1981. The Main Street Financial Aid Office is tasked with making I -rue opinion] —i— (X* *°*r/rvs y / >**] f r Close But No Cigar As OPINION Fails To Win the had by R.W. ■ I i Peters wit, that Opinion been selected best newspaper, and Editors and staff of the further details regarding this Opinion luxuriated for a week matter would soon be forthor so in the belief, albeit a false coming. one, that the Opinion had been Had Ms. Murphy remained selected by the American Bar in her seat a few seconds Association as the nation's longer, she Would have no best law school newspaper. doubt been informed that the The basis for this misap- Opinion being accorded this prehension was a short, hand- great honor is that paper written note, scribed by one published by the William MitLisa Murphy. Ms. Murphy, cur- chell Law School of East rently a resident of Brooklyn, Podunk, Minnesota. (The New York, is the Second Cir- wierdness of this entire incicuit Governor of the ABA/LSD dent reminds this writer of the (the LSD does not indicate Ms. classic Star Trek "parallel Murphy's drug of choice; it universe" episode.) merely is an abbreviation for Such is the story of the great Law Student Division). Ms. Opinion award hoax. Not take her not one to Murphy, tale, but it made of a much duties lightly, attended this things somewhat interesting newspaper year's ABA/LSD for a few days this summer. awards ceremony in Chicago, Finally, lest (Cod forbid!) it it was announced that there the Opinion had won the be said we of the Opinion, New much-coveted ABA/LSD Best York variety, are poor sports, Law School Newspaper Award, the entire staff of the Opinion or something to that effect. would like to extend a hats off Ms. Murphy, in her joy, beat a to our comrades-at-typewriter hasty retreat from the awards in far off Minnesota. Conarena and dashed off a little gratulations for a job well note to this writer, stating, to done. IF'you submitted your apgifts or financial support of the need determination. NOTE: The Main Street plication after August 1, and any kind valued at more than Financial Aid Office does not have not talked to me or been $750 for any of the years 1980, yet know HOW they will make contacted about it by me, your that need determination. Most chances are NOT AS GOOD. If likely, the Higher Education you have spoken to me, your Assistance Corp., in Albany, chances are back up to GOOD. will promulgate guidelines. IF you submitted your apThey have not done this yet. As plication after September 1, soon as the criterion is your chances are POOR. Don't available, I will print it in this bother to try and rush it column. through unless your excuse for The following guidelines are being so late is unique. See me generally agreed on: for excuse evaluations. a) If your adjusted gross inNOTE: If you fall below the come (or your folks' if you are $30,000 limit, it doesn't matter a dependent [see below]) is whether your application is below about $30,000, then you processed before OCTOBER 1. will see no change in the loan Your eligibility remains the availability or your eligibility. same. b) If your adjusted gross income (or your folks' if you are Dependency/Independency a dependent) is above $30,000, First of all, until the then the amount of your loan NYHEAC loan needs criterion eligibility will be reduced in mentioned above are publishproportion to some formula to ed, I'm not sure exactly what determine the amount your independency rethe family or you would be ex- quirements are going to be. pected to contribute. Until this However, for planning purformula is promulgated later poses, the following checklist this month, I cannot be more is suggested. specific or give individual To be financially indepenestimates. dent of your parents for the haven't If you already year 1981-82, you. thought of it, there is an ob- school 1) should not be declared a vious question: Will my application get out of the Main dependent on your parents Street Office before October federal or state tax returns for the year 1980 and 1981. 1? 2) should not have lived with Here's a Good Question. your parents or in a house or checklist. IF you submtted your loan apartment paid for by your application to the law school parents for more than 6 weeks before August 1, your chances in 1980 or 1981. 3) should not have received are GOOD. . 1981, or 1982. These restrictions are severe and may not apply when the final regulations concerning NYHEAC loans are published. I borrowed these from the TAP regulations as a guideline. DO NOT quote this column to me after October 1 when the actual guidelines will be available. TAP/SUSTA TAP is currently unaffected by the federal budget. You may apply up until March 31, 1982 However, if you wait until after January to apply, there is an excellent chance that even if you receive the maximum award ($300) for this semester, there may not be enough SUSTA- money to award for the Fall semester. MORAL: If you think you are eligible, apply now. Applications are in my office. SUSTA is not something you can apply for. SUSTA is a program specially created to help mostly law students. The rules are simple. If you receive the maximum TAP award for any semester when SUSTA is available, the Office of Student Accounts will automatically (no application needed) credit your account with the SUSTA award which has been determined for that semester. Currently, the award is $600 per semester. Metamorphosis Of A Law Student by Rick Roberts Characteristic First Year Second Year Third Year Shoes dirty Adidas top-siders wing-tipped Shirts ripped Grateful Izod sweater over overly starched Dead T-shirt button down shirt white shirt with outdated tie Facial Hair considers trimming beard considers growing back mustache considers cutting nasal hair more Favorite Drink Miller Mateus Martini Favorite Musician Springsteen Neil Diamond Sinatra Pause-Filler ".. .like, y'know..." ".. .it seems to me..." ".. .well, in essence, what we're dealing regularly with..." "Scientific evidence has clearly established that it causes sterilization in males and brain , damage." Views on Marijuana "I'm trying to cut down." "National decriminalization legislation is inevitable." Favorite Magazines National Lampoon, T-V Guide Time, Business Week U.S. Law Week, Foreign A ffairs not being called getting a good summer making partner in eight years Romantic Dilemmas "P.J.'s or the Grill?" "Seeing my girlfriend is becoming an imposition on my work." "When should we Personality neurotic: "I'm so confident: "I'm so smart!" neurotic: "I'll never get a job!" Ambitions I on in Criminal Law job have kids?" dsfdsfsdf dumb!" September 17,1981 Opinion 3 �Moot Court Schedules He>f U»K«f» IMS tjrn\r>i*j\ He ge+ Desmond Competition The Law School Moot Court Board will once again host the Judge Charles S. Desmond Appellate Moot Court Competition for second and third year students. The problem will be handed out at a general information meeting for all interested participants on October Ist, and the culmination of the competition will be the final round on Saturday, November 14th in the Moot Court Room. Judge Charles S. Desmond, former Chief Justice of the New York State Court of Appeals will preside at the final round, along with Judge Matthew Jasen, a U.B. graduate, and current New York State Court of Appeals Justice. • The Honorable Judge M. Dolores Denman of the New York State Supreme Court, and past president of the U.B. Alumni Association, will also be a member of the final round panel. The schedule for the competition is as follows: October Ist: problem available, and general information meeting; October 7, noon: due date for outline of argument; October 9: outlines returned by 5:00 p.m.; October 21: rough draft of brief due, or letter of intent to complete; October 30: final briefs due; November 2-5: practice rounds; November Mm 10-12: preliminary rounds; November 13: semi-finals; and consists of Lynne Monaco, Director; Andrea Roth, Assistant Director; Mark Pullano, Secretary; and J. Alex MeQuiston, Treasurer. .-Professor Kenneth Joyce "is faculty moderator of the Board. h tL v U.B. Law School Hosting Human Rightsthe Colloquium States courts. On October 30-31, 1981, Law School will be hosting a On Friday, September 18th Colloquium on International at 1:00 p.m., there will be an Human Rights Law and Policy. organizational meeting for all Participants include both na- students who would be intional and international terested in volunteering their authorities and topics include services for the colloquium. the role of human rights in Students will be needed to act United States foreign policy, as guides for the various the relevance of the distinction speakers, act as ushers and perbetween authoritarian and form other assorted chores. If totalitarian regimes and the ef- you have any questions, please fect of "quiet diplomacy" and see Judd Ryan or Caitlin Methe role of international Cormick. human rights law in United Happy Rosh Hashanah 4 Opinion September 17,1981 v ' i / .r . [If| TO e* L J| 4CMSOt< \f& \ / Conference On Psychiatry And Law — BUFFALO, NY. A conference on "The Reciprocal Use and Abuse of Psychiatry and the Courts in Civil and Criminal Proceedings" will be held September 24 from 8:30 Pullano. The executive committee a.m. to 4:30 p.m. at the Cowanfor the 1981-82 academic year, da Psychiatric Center in fliVjfaTEeviEW 1 ge \K1 >/ «n"H '»rq Vm —& November 14: final round and awards dinner for all judges and participants. The Moot Court Board will hold an open house on Tuesday, September 22 from 10 a.m. to 4 p.m. in their offices for all faculty and students who are interested in the competition or other Moot Court activities. In addition to hosting the Desmond Competition, the Board sponsors the Mugel National Tax Competition each year in the spring for students from other law schools. Members of the Board also compete in Moot Court competitions hosted by other schools. Currently, two teams of three Board members each are busily preparing for the regional rounds of the National Moot Court Competition to be held in November. Representing U.B. at the regional competition will be Greg Dalton, Carmen Crullon, David Kimpel, Cathy Lojewski, Glenn Pi.ncus, and Mark deo/j u>kyj Xx I Helmuth, NY. The purpose of the conference is to identify factors that affect the interaction of psychiatry and the courts in civil and criminal proceedings. Members of the health, academic, judicial-legal, the Nassau County Department of Mental Health, will deliver the keynote address. "Recent Changes in LegislaAffecting Forensic Mental Health Care" will be discussed by Paul Litwak, deputy commissioner and counsel with the New York State Office of Mention tal Health. Colin C.J. Angliker, MD, director of the Whiting Foren- Bth Judicial District and a Supreme Court trial justice; Jean B. Jackson, chief of the regional forensic unit at Gowanda Psychiatric Center, and Roslyn Kantor, administrative director of the Division of Forensic Services at Nassau County Department of Mental Health. Sponsors of the conference the are the Gowanda Psychiatric sic Institute in Middletown, Center; the Department of Conn., will speak on "The Use Psychiatry and the Department of Clinical Facilities by the of Continuing Medical EducaCourts." tion in the School of Medicine political and correctional The use and abuse of the at U/B; Continuing Nurse law and psychiatry will be Education in the School of systems who attend will examine the psychiatric, discussed by four panel Nursing at U/B and the Contipsychological, social and legal members: Martin J. Littlefield nuing Education Program in methods used in the pro- Jr., chief of major offense pro- the School of Social Welfare at ceedings and how they in- secution, Criminal Carrier Unit, the State University at Albany fluence the practice of mental Office of the District Attorney, The registration fee is $15. Erie County; the Honorable More information can be obhealth. A. Louis McGarry, MD, Theodore S. Kaiser, supervising tained by calling 716-532-3311, director of forensic service at judge of the criminal courts. ext. 553 or 301. Tnnii-e will IOpiCS Will inriuHp- UICJUae. - DnM I. Hvaroe Professor, University of Te«as School of Uw Human Rights Policy and Foreign Affairs of human rights in U.S. foreignpolicy •• role relevance of the distinctionbetween authoritarian and , Direc,o, Pro™*"™! Aspects o< InternationalUw SSl*™ institute International Hitman Rights Law in Domestic Court* Professor.'University ofVirginia School ofLaw totalitarian regimes and theeffect of "quiet diplomacy" be j!™ra txtta }Jt linl 1 O CT • countries rights observance ands%L their human"^""V^Z * of international human rights norms in recent U.S. • use decisions and in those of other countries on the future impact of human rights on • peispeillyes ma Ue Uw * * Marc Bossay! of Antwerp, ISndlwcr, U.N. ■ niftiiof, UfttVCfvtyPrevention of Di.crimin.tion and OfXi. WWilnfton School of Uw, Amtricu, Univmity. Judp, Inter-American Court of Human Rights mbe-cmos] Vk|Ma A U«ry Professor, Sute Unhrentty of New York at BuffaloUw School Ronald Mellier Professor. Political Science Department, Sute University of New York at Buffalo ah** m Council on International Studies. Professor, History Director. Department. University Sute Colloquium participants include: - Pronator. Queen's University. Faculty «f Uw. Kingston. Ontario, Canada Hunl HMmum PatrldaDtrllli Formtr Assistant Secretary of Sute for Human Rights and Humanitarian Affairs of New York at Buffalo *<***, b. o>™, Partner, Covinjton and Burling Amy Youftai Anjiujjitu ExecußvTDirector. InternationalHumanRifhti Law Croup •""*■"" "U """"""I Co-sponsored by: Jacob Blauslcm Institute for tht Advancement of Human Rights Conferences in tht Discipline. (SUNY/Bu«.lo) Council on Intemallorof Sludk. (SUNY/BuH.lo) MitchellLectureship (SUNY/BuH.lo Uw School) Student Association Speakers Bureau (SUNY/BuH.lo) The Sute University of New York at Buffalo Uw School is pleated to present this colloquium SI JNY/Buff.lo has had s long-standing interest in international human rights. It presently has the only international human rights law clinical program in thecountry. �Opiijioif Secruitiqeqt Party Thursday, Sept. IT Soon? 724 Beer, Pizza, aqd Other Goodies will be served fiiqe: 11:00 ajq. &11 Are Welcome — international Law Society open house Wednesday, Sept. 23 Room 604 —Vo&ka, pickles, an6Wings— - 3:30 p.ip. Please Stop By Tbe Moot Coaßt Boaßd uoill bold an OPEN HOUSE on Tuesday, Sept. 9.9. in tbeiß offices in O'BRiao Hall —will Be seßved— Come One, Come ail no one Refused entßy on basis of Race, CRee6 or qen&eß. See you theße. - Copfee and doagtanats cuill be seßoed 1O a.m.—4 p.m. All ioteßested stadeats please stop September 17,1981 b^. Opinion 5 �STAN CHESS, Director of BAR/BRI Will Discuss the NY Bar Exam TODAY September 19 Room 106, 1:00 p.m. FREE Pizza, Coke & Beer Proposed changes in the New York Bar Exam format may require a third day of testing. Mr. Chess will discuss the implications of the proposed ethics portion of the exam as well as addressing the bar exam and review courses in general. DISCOUNT DEADLINE THURSDAY, OCTOBER 15 SAVE $100 BY ENROLLING BEFORE THIS DATE. Discount Price for All First, Second, and Third Year Students: $475 plus $45 refundable book deposit. A deposit of $150 freezes the course price at the discount rate, with no additional money required until the course begins. [~L / Buffalo Representatives: sO-ins*fk [Lj]\(JJllw JW m m The course taken by more people studying for the NY exam last year than all other courses r-nmhinoH comomea. 6 Opinion September 17,1981 Orestßedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ellen Dickes pat D °°'ey Mike Doran R h . . John Feroleto " Pau|a Fefo|eto Arthur Scott Garfinkel Tanya Harvey Lori Marian Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Steve She.nfed Mark Suzumoto Richard Roberts Karen Russ �Loophole byhalmalchow UB Law Students Invade European Continent by Joyce Funda quick to criticize." "Another thing that was reai"I agree," said Barbra. "I ly strange, we were headed for While many U.B. law went to England with the usual West Berlin through East Gerstudents were spending the American chauvinism and my many when the train stopped past summer months working; perspective on the U.S. role in at about 5 a.m. and you could going to summer school, tidy- world affairs has definitely see guard towers all over the ing up resumes and/or taking „ ,-, , place.UnifprmecLjjgards were advantage of perhaps their last "I was surprised by the pacing slowly up and down the and chance to spend three months English Irish length of the train, while dogs of checked underneath it." in the sun, five second-year peoples'awareness students made a"Crand Tour" American politics* and em"Later, I was going through of Europe. barassed by my own ignorance the checkpoint between East Marsha Koretzky took a law of European affairs. I was also and West Berlin tarrying a" though I guess I copy of Let's Go Europe," said course in Oxford, Cindy surprised to find Glen, "(all Americans carry Kanterman and Barbra shouldn't have been Kavanaugh attended a similar that important distinctions bet- Let's Go Europe), and the program at the London School ween classes do exist in guards inspected it page by of Economics, Lisa Hobika England and, to some extent, page, especially checking any written notes in the book combined travel with a self- in Ireland." taught "intensive course in Marsha, who took a course both on entering and leaving European art," and Glen Burns at Magdelan College, Oxford East Berlin." made his second trip to the University after five days of Cindy also learned about an Continent. travel through Scotland, added aspect of the political reality Cindy, who spent three that she "thought there were of life in Northern Ireland from weeks traveling by rail through more frustrated people, more a woman who had grown up in Europe before attending the people who felt trapped in Belfast. "Ursula worked in the dorm six week course in London, was their class in England than at we stayed at in London. She able to stay for a week with a home." Clen, who traveled with had worked in a Catholic area Parisienne family. "I found that the middle class is the "whoever I met there" for 56 of Belfast and was going home same all over.* I expected days, had memories of a more to another Catholic district Europe to be different, but it's anecdotal type. late one night. She decided to not at all." He recalled his trip to West take a shorter route through a Yet Lisa, who traveled in and East Berlin as "pretty Protestant section and was bones Europe for seven weeks after unbelievable." "It was strange really beaten up first flying into Rome, did to see people our own age and broken, teeth knocked out, the notice at least one difference realize that they've never been whole thing." Lisa's trip, however, was in the people she met. "People to West Berlin, and would proare much more attuned to bably never be allowed to go, concentrated more on Euroworld events. I'm talking about while we can go back and pean culture than politics. me, it was like taking —^_ the young people, they're forth." ~ — — — — Orientation 1981. Berger Lee by phot s an intensive art course. We went from city to city, only spending 1 or 2 days in each, trying to see all the museums and everything. I had heard all my life about the beautiful artwork over there. When you go and See it yourself, you really know what they've been talking abdut." "I think that was the best way to go. It was really a good overview and'now I know'the' places I'd like to go back to and explore in depth." Barbra, on the other hand, spent almost six weeks in London and found that "I enjoyed getting to know one city very well; its theatres, restaurants, museums and side streets much more, I think, than more cities less completely." "I was only able to spend three days in Dublin, and found that I was overwhelmed and frustrated by the many things I wanted to do and see .. English tutorial system and is taught by English Dons." The English system of legal education combines almost voluntary lectures with small, mandatory tutorials. "The London courses were almost all taught by English professors," said Barbra, "and one of those professors was particularly critical of the American 'Socratic' method of legal education. He felt it a sort of 'hide the ball' type of teaching, and wasted too much time which could be spent discussing the actual reasoning behind the policies for a decision, and its impact on a body of law." "However, he did admit that, as English law students start their legal education at 18, that this more straightforward style of teaching may work better with younger students without a four year academic background before they enter law school." and couldn't." The students who took part When asked about how they in educational programs also felt to be back, most of the had different thoughts and students had the same feelfeelings about those exings. periences. Lisa said that "when I was Marsha took a course in there I couldn't wait to come Comparative Environmental home, but now that I'm here, I Law, but was disappointed that can't wait to go back. It's an the professors were American, endless cycle." and that she did not have an Barbra agreed, and added, opportunity to contrast the "I've changed from one of English and American teaching those people who could never styles. really understand travel for its "The course was less comown sake to one of those peoparative than it was American pie who arrange their lives law, although that may be around getting back to because more is being done in Europe." the United States." And as for Clen, "I'd rather "The San Diego program, be in France picking grapes which I was on, is a good one, right now." but there's another program out of Santa Clara Law School Recovery, with a big difference for people interested in going to Oxford for Oxford," Marsha advised. "That program uses the .. Speedy Frank! September 17, 1981 Opinion 7 '" �Sports Fan Makes Pigskin & Horsehide Predictions by Steven Getzoff Obviously no column should begin this fall without a brief discussion of the eight week phenomenon that nearly ruined the summer. I say near- appeared more and more as an attempt by the management to "break the union." Credit this shift in sentiment to Mr. Crebey, from the Ronald Reagan school of compromise. Fortunately, when the beloved strike fund (which provided many owners with a greater profit than the scheduled games could have) was about to expire, a settlement was reached. A six figure fee should go to any lawyer who can interpret the entire agreement correctly. Still not completely satisfied, the owners reserved the right to ruin what was left of the season, which they did with a vengeance. After a deep philosophical debate led by ry because most of us were able to pass the time without our favorite pastime. Some turned to other summer sports, while others graduated from spectator to participant, finding outdoor activity far more invigorating than a day in the armchair. For those of us who are true die-hard baseball nuts, cable television provided a steady dose of the Paw Sox (they were), the Tides, the Red Wings, and the Clippers, whose level of play could put the Yankees to shame. Last of all (I should say least of all), were the Bisons, who consistently filled one box on the first base line. Regardless of the manner in which we spent our summer, everyone had their own philosophy on the matter. To many, what had started as a complaint by a group of overpaid, overpampered athletes Tom Laßusso (a lawyer, of course) on whether winning is losing, the usual season format was adjusted. Several teams have made the most of their new life (e.g. Houston). Mets II seem to be fading, while the Royals should win their division by default. Mr. Frey was disposed of by Kansas City (one pennant per season isn't good enough these days), while George has again displayed his total lack of class by firing Gene Michael. This is the second time in as many years that George has shamefully mistreated one of his managers. Both Michael and Howser were Yankees long before George knew what the word meant. Michael simply requested that the constant harrassment cease and that he be treated as a manager, not a puppet. Unfortunately, to George, who has consistently proven himself to be a disgrace to the Yankee tradition, the world is composed of only owners and puppets. * * the incomes of our sports heroes, the New York Times did an interesting expose this summer on the discrepancy between the salaries of basketball and football players. Of course, it never occurred to the Times that the true underlying cause of the difference is the fact that a football team has a payroll roughly four times as long. Still, Buck Williams is not worth 2.5 million. Neither is Albert King for that matter, unless his contract includes breeding rights after retirement. No ten salaries, however, can compare to the compensation to be received * * Concerning by Magic Johnson. In fact, rumor has it that if he chooses to run for the presidency, the Lakers promised to finance his campaign and put his children through law school. * * * * At this time of year, it is incumbent on every sportswriter and fan to forecast the outcome of the upcoming football season. Having spent several hours in the armchair in careful deliberation, I have reached the following conclu- sions: AFC East: The finest linebacking crew in the league will keep the Bills in most games until Ferguson can put some points on the board. New England has the most potential in the division, and a consistent record of not living up to it. Miami won all four preseason games, but that and $13 will get you into a Bills game this year. AFC Central: Cleveland is by without Vince but will go the class of the league offen- no further than last year, while sively, and should win any Joe Montana will make San game in "which they give up Francisco look almost respecless than three touchdowns. table. * * * * Houston struggles by without Football is also being played the Bum, while Pittsburgh fades rapidly. The Bengals, north of the border, and however, should not be taken Feragamo and a few other NFI "stars" have found that the too lightly. AFC West: San Diego will competition up there is as dominate with or without J.J. tough if not tougher than in the They still have the most NFL. There are several teams awesome passing game in foot- out west (Edmonton and ball. Plunkett had his glory British Columbia, to name year for Oakland, and like two), who could do more than Craig Morton, will soon fade hold their own in the NFL. We better begin to apinto mediocrity. Kansas City is young and confident, and will preciate Canadian football, for cause a lot of problems in the next year that may be all we division. have. The NFL Players AssociaNFC East: The best defense tion intends to strike unless in the conference will provide they get a larger share of the Jaworski with enough easy gate, and are compensated for scoring chances for the tagles, every conceivable injury short while Dallas, without Roger's of a household accident. We last minute heroics, will fall a should rest at ease, however, game or two short. Washington because even if there should pulled a couple of running be a strike, Jack Lambert has backs out of the NFL archives, said that he will cross the but hasn't got the firepower. picket line and play football NFC Central: The Vikings next year. love the cold weather, which means they should win most * * * * accustomed to winning not to repeat in the Division. Detroit and Chicago will each go as far as Simms and Payton can carry them, while Green Bay benefits from a schedule that pits them against the Giants Finally, this week's malpractice suit is brought against Walt Michaels, the Jets head coach, and his offensive assistants for their play calling in last week's game against the Bills. Without taking anything away from the superb Buffalo defense, it still must be acknowledged that many of twice. NFL West: If anyone can unseat the- Eagles it is Lehmann's boys from Atlanta. They have outstanding personnel at the skilled positions and drafted as well as anyone this past April. The Rams will get sistently played right into the Bills' strength, especially on key short yardage possession downs. home games played after Labor Day. Bud Grant is too the Jets' troubles were due to a game plan which was predictable and not innovative, by which the Jets offense con- The Annual OPINION Recruitment Party and Open House will pc held Thursday, Sept. 24th. A keg of beer (domestic) will be tapped, and several pizzas will be set out. All those harboring journalistic predilections should attend. We can't publish without your help. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/23262520736f84f6fc1d903ec64ad024.pdf dfbcd9f7628f47171ccd5d881a6eeea5 PDF Text Text Human Rights Specialist Joins UB Law Faculty by Wendy Cohen "Halfway through my law school career, I discovered human rights law. It was as if I had found a home, somewhere I could be comfortable," explains Professor Kathleen Rimar, director of the Law School's International Human Rights clinic. A 1980 graduate of UB Law justice issues through her work at the Center for Justice in Buf- The ten students enrolled in her clinic "deal with real situafalo. The Center for Justice is tions of international human an educational organization, rights violations," says Prosponsored by the religious fessor Rimar. Human rights community in the Buffalo violations range from torture, area. At the Center, she and detaining people without became involved with trial, to refusal to allow unions "whatever kind of matter to organize. Students prepare which came along," including complaints for the United Naa boycott of the Nestle Comtions on behalf of their clients, pany, and work in the cor- who last year came from coun- School, Professor Rimar joined porate responsibility area. It was while working at the the ranks of full-time faculty this fall. After graduation, she Center for Justice that Projoined forces with Professor fessorit Rimar "began to see Virginia Leary to set up the that would help if I had an inhuman rights clinic. "I believe terest in international law, and we're the only law -school in when I came to law school, I the country with a human was really pleased to find rights clinic. It's something of courses in this kind of law." In human rights law "an inan honor," she notes. dividual can have a certain tries such as South Korea and Pakistan. Students are currently working on a study of child labor in the United States, and a human rights analysis of conditions in Sri Lanka. "I think the clinic is important for two reasons," Professor Rimar said. The first reason is that students may be able to help someone, and the second is that "it makes a difference in making -students aware of what they can do as Professor Rimar, who has amount of impact," she said, been a member of the Fran- adding "I always found other ciscan Sisters since 1964, first law interesting, but not became involved in social something to spend my life in." practicing attorneys." Non-Prolil Organization U.S. Postage PAID Buffalo, New York Permit No. 708 photo by (idrv Cdines UB Law School wlcomes new staff Professor Rimar continued, other countries," she said. pointing out that because "We get clients in a number "there's no money in it," most of ways; sometimes the lawyers who handle human students themselves suggest rights cases do so on a pro an area," she said. '"Most of bono basis. "You're dealing the time," however, "we conwith people who don't have tact groups like the Lawyer's anything. Your clients are Committee for International political refugees, or people in contd. on page seven Opinion Opinion |ohn Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." Volume 22, Number 2 — H.L. Mencken State University of New York at Buffalo School of Law October 7, 1981 Strong Student Turnout Elects Romeo President by Bill Sharp Just after 11 p.m. on that special Wednesday evening, three puffs of white smoke wafted from the third floor window and spiraled gently to the roof of the law school building. The crowd waiting outside roared their approval. "Hooray, we have a new S.B.A. President," they shouted. I success, both in terms of voter the election seriously and by turnout and candidate par- all indications expects the new ticipation. In two days of S.B.A. officers to assume their heavy balloting, 479 students positions with the same or about 56 percent of the law seriousness and sense of comschool cast their lot among a mitment. crowded field of candidates. Robin Romeo, a 23-year-old, By S.B.A. standards, the tur- second-year student, was nout was quite large and a elected the new S.B.A. Presiclear reversal of the dismal dent. A Western New York showings of recent years. Also, native, Robin developed her this year almost all offices leadership skills as president of her high school senior class, as editor-in-chief of the yearbook should work within their pre- budget allocations, although that determination will be made after S B.A. Treasurer Sara Hunt and the finance committee make their recommendations to the board. Some of Robin's plans include scheduling semiformal faculty-student parties, conducting tours of the sent downtown Buffalo court system and possibly organizing a trip to see the United States and as a steward in last spring's Supreme Court in Washington, S.U.S.T.A. campaign. After DC. graduating from U.B. with a As Treasurer of the 5.8.A., degree in English, she spent a Sara Hunt assumes the second year in California working with (some say first) most powerful author Tom Robbins [Only position in the organization. Cowgirls Get the Blues) on his Sara, who was this year's colatest novel, now in print, Still chairperson of the Freshman Life With a Woodpecker. She is Orientation Committee, won chairmanship of the finance committee as well. After some serious discussions with last year's budget chief Joe Ruh (now the school's Financial Aid officer), Sara appears to have the intricacies of the budgetary process under control. Last week, she held mandatory meetings with the student groups. Joe Mcßride was elected Vice-President of the 5.8.A.; he served as a director during his first year. Mcßride's ability to hang his posters on the ceiling of Room 106 was surely one element of his election success. Mark "I Can't Type ' Reisman was elected S B.A , Secretary. Mark received the most votes of any candidate. married (but has retained her her seat by the largest margin However, he was uncontested maiden name) and works part- in any contested race. Under in his bid for office. Mark was time as an aide in the placethe S.B.A. by-laws, Sara also a first year director last ment office. automatically assumes the year. One of her goals as S.B.A. New Prez prepares to take reins turned from the window and extinguished my cigarette in one of Mr. Wallin's ashtrays. The other ballot counters were already on the phones to the candidates. It had ail gone very smoothly. The S.B.A. elections were a President is to work with the Board of Directors to better represent law students' needs to the administration. Robin believes the director's role is to make frequent contact with the students in order to ascertain their views and then to actively work for those interests. As President, her role will be that of "chief instigator" of board action. She thinks this year's directors are "strong, photo toy I UtTyt'i *'«• of office vital" persons who can make inroads on the students' were contested and the behalf. As an incentive to margins of victory, especially work, only active directors will among first and second year receive keys to the S.B.A. ofdirector candidates, proved to fice. Robin also hopes to probe extremely close; some races mote better relations with the were won by two and three faculty and alumni. vote margins. A fiscal conservative, Robin The law student body took thinks that the student groups SBA Election Results President Second-YearDirectors Robin Romeo JeffEisenberg FordSicyelva Funda Vice-President Joyce Joe Mcßride Julia Carver Caurcokl Treasurer Rich Wiebe Sara Hunt Third-YearDirectors BAiltreu Secretary Tom Catalano Mark Reisman Matthew Modica DMalrgeuis Second-Year Directors Jeff Eisenberg Sylvia Fordice Funda Julia Carver Carol Cuck Rich Wiebe Third-Year Directors Joyce Bill Altreuter Tom Catalano Matthew Modica Dale Margulis Sherwin Suss First-Year DirectorsSherwinSus Timothy Brock Mary Wong Jan DavidoffFaculty/Student Relations Irene Hi rat a Board Cindy Niad Jack Hams Faculty/Student Relations Rob TurkewitzJohn Stegmayer John Stegmayer Ron Osson JulieRosenblum Mary Wong Board Jack Hams Julie Rosenblum �Commentary Opinion ' Vol. 22, No. 2 October 7,1981 Editor-in-Chief President Called Reactionary by Marc Ganz Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Joyce Funda Lee Berger Gary Caines Business Manager: Frank Bolz Contributors: Dana Brutman, Frank Butterini, Wendy Cohen, Marc Ganz, Steve Getzhoff, Marty Miller, James Newman, Ward Oliver, Earl Pfeffer, Bill Sharp, John Stegmayer, Amy Ruth Tobol. ® Copyright 1981, Opinion, SBA Any republication ot materials herein is strictly prohibited without the express consent ot the Editors Opinion is published every two weeks during the academic year It is the student newspaper or the State University ot New York at Buttalo School ot Law, SUNYAB Amherst Campus, Buttalo, New York 142b0 The views expressed in this paper are not necessarily those ot the Editorial Board or Statt ot Opinion Opinion is a non-profit organization, third-class postage entered at Buttalo, NY Editorial Policy ot Opinion is determined collectively by the Editorial Board Opinion is funded by SHA trom Student Law Eees Composition & I vividly remember reading front-page lead in the Village Voice approximately eighteen months ago. It read, and has also made dramatic "The ship of state is at sea and reversals in estate tax policy there's an asshole at the by reducing the tax rates on helm!" I remember calling large estates. Corporate taxes friends and laughing with them will also go down. In the midst at the joy we got seeing J immy of hearing Reagan talk about a Carter ridiculed by the balanced budget last week, I populist periodical. also read that the defense Yet since Carter left office, budget was being doubled by we have seen a shift from 1986. asshole to actor at ship's helm. Actor Ronald Reagan canI have long since stopped not talk his way out of the laughing at Jimmy Carter. drama; too many people will Rather, I now observe be hurt by Reaganomics. The Americans >as they rise from people most affected will the dense complacency that react with passion unheard of had characterized Carter's in Carter's era. presidency. Lower income perHere are the issues that they sons, third world persons, will use: unionists and other constituen1. Social Security cutbacks Reagan has proposed reduccies have awakened to see ing benefits for those who many of their favorite programs decimated, while the retire before 65, deferring the wealthy see their tax rates go cost-of-living increases for recidown in what one observer pients and ending the called "the largest raid by the minimum benefits for the most United States govement since needy entitled persons. Senior D-Day." citizens will support canWe all remember laughing didates who support social during the campaign when security entitlements to the Reagan promised increased fullest extent possible. This defense spending, reduced does not include President taxes for the wealthy and a Reagan or any of his congresbalanced budget by 1984. All sional followers. of a sudden the American 2. Deregulation of natural public has stopped laughing. gas Ronald Reagan wants to They have seen Reagan deregulate natural gas by 1983, elected, inaugurated and doubling and tripling natural honeymooned. Now the gas bills to utility customers honeymoon appears to be throughout the nation, but hitover. Reagan has lied to the ting especially hard the con- the Barbra Kavanaugh Design: University Press at riutralo Editorial Squire Should Stay Squire Hall. An architectural monstrosity that rises Phoenix-like from the featureless Buffalo plain. The building certainly cannot be defended on any aesthetic grounds. But while it is not pleasing to the eye, Squire Hall does serve the very important purpose of being the University of Buffalo's only centrally located student union. Notwithstanding administration-sanctioned student population surveys, the center of student social life is and will continue to be in the Main Street area. The majority of students living off-campus will continue to reside in the Bailey-Main-Kenmore triangle. The most favored watering holes are in this area. Main Street will continue as the staging area for the Main-Amherst shuttlebus. Important services, such as financial aid and health care will carry on from their current quarters. Students will still convene on Main Street for a quick round of tennis or intramural competition. In short. Main Street will continue to be the locus of a great variety of student activity. The Main Street Campus will continue to be proximate to the great mass of off-campus students and commuters alike. For these reasons, it is imperative that the Squire Hall Student Union remain in operation. Mr. Robert Ketter's tenure as President of SUNY/AB has been characterized by grandiose schemes based on faulty fiscal and demographic projections The plans for the North Campus appear to have been drawn up by a demented Southern California architect secure in his belief gasoline would hold steady at 32 cents a gallon. The Amherst Campus is a boondoggle of unprecedented proportions; it is the Brasilia of the Niagara Frontier. It should be now apparent, even to those as unresponsive to reality as Ketter and his minions, that the Amherst Campus was built in the wrong place (an exurban swamp) at the wrong time (the energy costly seventies and eighties). There will be no mass exodus of students from the cheap cozy housing of the Main Street area to the prefab, shag carpeted, mock Tudor rabbit warrens of Amherst and North Tonawanda. The majority of UB students will continue to use and enjoy the Squire Hall facilities. rtretetet — — Opinion October 7, I9JII sumers in the northeast and midwest. The natural gas consumers will react with anger if their utility bills rise that fast. This time-their anger will not be aimed at NFG, but at Republican Reagan. 3. Anti-union activity Reagan has pressed for weakened OSHA enforcement of regulations, repeal of the — Davis-Bacon Act, which requires prevailing wages to be paid in all federal construction programs, and a tough stance against the PATCO strikers. It will not be Lane Kirkland who leads the fight for organized labor. It will be the local labor movements that fight for better working conditions and full employment for all workers, something that the AFL-CIO has not prioritized lately. Kirkland seems more interested in securing shale oil development in Wyoming and Colorado, complete with environmental disaster and few jobs for union members. In Western New York, COSH and pension rights advocates are the main source for activism. 4. Gutting civil rights enReagan has forcement laws made many statements in opposition to discrimination against blacks, Hispanics and other non-caucasian persons. However, actions speak louder than words. He has destroyed, via budget cuts, the infrastruc- — that enforced the civil rights laws throughout the nation. In addition, the Justice ture contd. on page six Two Students Propose Adding An Admiralty Law Course by James Newman separate course in law schools throughout the world. Buffalo Most U.B. Law students and Albany are the only law found a Maritime-Admiralty schools in New York State Law Course poll in their which do not offer at least one mailboxes last Monday. Initial course in admiralty law; U.B. is response to the poll was the only major law school on positive. The tally to date is: the Great Lakes which does First Year 52, Second Year 42, not teach a maritime law course. Third Year 37, Total 131. The poll also showed that Maritime law has an ancient many respondents are in- history. The first extant comterested in pursuing careers as pliation of the laws of the sea admiralty lawyers and that is the 6th Century A.D. Byzanothers welcomed the chance tine Digest of Justinian The to study the course for its own Digest refers back to the Bth merits. The latter students Century B.C. Rhodes laws. usually felt that there is a lack Although these laws may be of variety of courses available mythological, it is clear that the earliest maritime civilizain our curriculum. The poll's sponsors feel that tions of the Mediterranean had a maritime law course is an ap- bodies of law governing propriate and a legitimate maritime commerce. Later is found the extensive course to be offered here. As the poll states, Buffalo is an in- Venetian 11th Century Conternational port and an impor- solato del Mare which was tant part of the Great Lakes' recognized by the entire maritime community. Also, in Mediterranean world. In the view ofthe fact that U.B. is the 12th Century, Eleanore of only SUNY law school, many Aquitaine promulgated the graduates will practice in New Role d'Oleron which was later York City the largest port in introduced to England by her the world. Lastly, throughout son, Richard the Lionhearted. the United States over 5000 at- The Role d'Oleron is still cited torneys practice admiralty law in maritime cases today. Finalto a significant extent. ly, the most complete codificaMaritime law is a distinct tion is the British Black Book form of law and has tradiof the Admiralty written in the tionally been addressed in a 19th Century. — 2 Americans who voted for him. He has not sliced the middle class tax rate because of social security tax increases. He has cut the tax rates for his friends Today all maritime jurisdiction has a purpose separate from common law; it is substantially derived from civil law. And, of course, there is an extensive international content. This is illustrated by the fact that until recently the United States Federal Court system contained separate Ad- miralty Courts. The poll refers to some of the elements to be covered in a general course of maritime law carriage of goods, salvage rights, ocean jurisdiction, etc. It is also important to mention, that admiralty practice involves not only issues of law pertaining to craft on navigable waters, but, also, applies to personal injury cases, labor law, fishing and mineral rights, and environmental — pollution cases. Logistically, it would be preferable if a present member of the faculty could teach this course. The poll was conducted in order to demonstrate to the faculty and administration that the student body is interested in the course. If such a faculty member cannot be found, then Dean Thomas Headrick has suggested the possibility of hiring an adjunct professor from the Buffalo maritime law community. �Nuclear Power Proves To Be a Costly Proposition by Frank Butterini "Believe me, Mrs. Yokes, these dancing lessons will make you a beautiful dancer, capable of dancing with the most accomplished dancers." Yokes v. Arthur Murray, Inc. — The news of delays and price increases come like clockwork. You finally sit down and figure out the economics of this "dream you discover that deal" you're going to end up paying several times more for this car than you ever expected. Reali- — Try to picture the following ty sets in, you've already laid in your mind. You've ordered a down a couple of thousand new automobile of which dollars, its still a hazy day in praises have been sung by the future when the hardware newspapers, trade publications will arrive, and then you can and salespeople alike. The anticipate heavy maintenance auto is being hailed as the costs to keep it on the road. "car-of-the-future" —a sleek, Suddenly your old car doesn't swift piece of machinery. look so old anymore. Thoughts about this new Is there a way out? Can you model made you grow weary get your money back? Perhaps. of your old car. It began to But if you are reading this artilook outdated compared to cle, chances are you may be what you wre seeing on the stuck and you will be paying highway. It still is reliable, but for it. The question is, should it just doesn't seem to have you throw good money after that pizzazz. Besides, bad. Welcome to the world of everyone is saying this car will public utilities' conserve fuel like you Power wouldn't believe and you'll Corp., the supplier of electricinever have to worry about it ty to most of the Western New starting on some cold, gray York area, is currently conwinter day. Your hormones are structing a nuclear power a-stirrin'. plant on the shores of Lake OnYou immediately put tario. The plant, on which conyourself on an installment pay- struction began in 1973, is callment plan, eager to put your ed Nine Mile 11. money down and be secure in Niagara Mohawk estimated the knowledge that one of that it would take three years these gems is on its way to you. and $450 million to construct. The salesman said the final With construction less than price may go up a bit, but half complete by this past sprthat's to be expected. Besides, ing, the state Public Service it will save you much more in Commission ordered an audit gas, and it will put you out in of the project. The audit confront; it's the mark of ex- cluded that the plant wouldn't cellence. be completed until the late But lately you've been get- 19fl()'s and the final cost would ting irked by incessant delivery run about $6 billion, or fourdelays, along with continual teen times original estimates. price increases to boot. A The audit characterized semester has passed, payments Niagara Mohawk's original projections have been made and still no cost as car. Also, you've come across "unrealistically low" and newspaper articles of owner predicted that the price of its complaints about your model's electricity will be two and a failure to perform consistently. half times above the going They also complain that the market rate. car is difficult to handle even The Public Service Commiswhen it is running. In fact, a sion, which has the innumber of drivers have congruous role of protecting brought negligence suits claim- the interests of the utilities, its ing injuries due to the car's investors and the general design decificencies. public, has declined to hold an inquiry into whether the construction of the plant should be halted. Yet earlier this year, an administrative law judge for the Commission said that participation in Nine Mile II by Central Hudson Gas and Electric would bankrupt that company. Niagara-Mohawk executives must have the hair on their backsides standing on end, since the company's investment in Nine Mile II currents accounts for well over onequarter of the company's total capital, and final tabulations — prestige and government favors. Pringle and Spigelman contend that pressure on utilities to go nuclear was con- engineering profit. Thus, in the constant corporate struggle for legal tender, it serves the best interests of utility executives and siderable. Manufacturers their constituent stockholders made technical promises that to seek greater costs whenever couldn't be kept. They possible. Their modus vivendi describe the sale of two reac- is to use capital "wastefully" tors by GE to the energy-rich on marginal construction proTennesee Valley Authority in jects and to seek out greater 1966 as Nuclear Power's big- construction, engineering and gest breakthrough. The deal consultant costs whenever stunned most utility executives feasible.Their work motto Magzine Yorker New The 1981 © are still not in. (Long Island Lighting leads the state with a whooping fifty percent of its capital sunk into nukes). Critics contend that the Public Service Commission must do a sweeping examination of whether the project should be stopped in its tracks. They contend that the state's energy needs do not necessitate the construction of this plant. In fact, Niagara Mohawk, which was predicting annual 7 percent increases in electricity consumption a few years ago, now states that the annual rate is at one percent, and should remain there through early 1983. But Niagara Mohawk officials are blaming the cost spiral on the mass of regulatory chaos they have to contend with a response that is standard throughout the industry. Challenging the corporate party line is a new book, The Nuclear Barons, which argues that the idea of making electricity from atoms has never made much economic or technological sense. The The Buffalo Public Interest were compensated with apauthors, British journalist Peter Law Program, Inc. is a not-for- proximately $1350 for ten or Pringle and former Australian profit corporation organized eleven weeks of work. government official James by law students in 1979. In Students and their employers Spigelman, say that utility exrecognition of our obligation have been very satisfied with ecutives the world over have longed for nukes, much like as law students and future the success of this program. This year, we hope to be dreaming about that sleek, members of the legal community to contribute to public able to sponsor an increased sexy car. They've sunk billions of dollars into them, and have interest efforts, the program number of internships, not onseeks to offer opportunities to ly during the summer, but looked the other way when law students to work in public possibly during the academic their dream machines produce interest law at reasonable rates year as well. We would also more grief than power. They of compensation. In 1980, we like to make more students note that large companies, like and Electric were able to sponsor three aware of the program, and to General summer internships. Last sum- get them involved in various Westinghouse were under continual prompting from military mer, four internships were public interest law projects. one each at We will be holding a officials after World War II to sponsored Prisoner's Legal Services, meeting on Monday, October find positive uses for atomic Client Advocacy Services, 12, at 3:30 p.m. in Room 107. technology. This was done by Chautauqua County Legal Ser- All first, second and third year the military to help justify vices, and Legal Services for students are invited to attend. huge atomic research budgets the Elderly. In each case, If you are interested in the in Congress. GE, Babcock & students were selected on the organization, but canot attend Wilcox and Westinghouse basis of thefr own proposals the meeting, leave a note in came to compete throughout the 1950's by adapting military and agency requirements, and Box 375. Public Interest Law Group States Policy for commerical uses, scrounge the earth looking for motivated not so much by ways to spend more dollars market analysis but by and thus receive a larger net reactors — who then began a mad dash to get one of their own. As it turned out, CE had supplied TVA's reactors at an artificially low price in an effort to lure buyers. When executives asked for the same prices, they found that they were no longer available. Price escalations became the rule. The early justification for nuclear power was that it would produce energy "too cheap to meter." But in reality, according to the Atomic Industrial Forum and other industry lobbyists, completed nuclear power plants were already 50 percent more expensive than equivalent coal units by the mid-19705. It is predicted that this differential will rise to 75 percent by the late 1980s. Pringle and Spigelman attribute much of nuclear power's appeal to the lure of sexy "Big Science." They remark that "utility executives have been trapped into going nuclear by a seductive campaign of manufacturer's propaganda, fascination with new technology and questions of corporate prestige." But Alfred Kahn, the nation's ordained inflation fighter during the Carter Administration and a Cornell economist, argues that utility executives are not innocent sheep being led to economic slaughter. In his primer on public regulation, The Economics of Regulation, he argues that it is the nature of the utility executive job to spend his or her hours devising ways to exploit their monopoly status and reap greater economic harvests. Kahn points out utilities are granted monopoly control over their markets, in return for being confined to receiving a certain set percentage of profit on their expenditures. Since they can't get more profit per spent dollar, their executives becomes: "To make money, you have to waste money." To Kahn, this "exploitation" by utility executives is the result of their pouncing on the inherent weaknesses of the regulatory system. To effectively regulate the expenses of utilities would require a "detailed, day-by-day, transaction-by-transaction, and decision-by-decision review of every aspect of the company's operation." It's believed that any company could only operate at a glacial pace under such management. Regulators can do little more than review major decisions, with a chance of doing some cutting and snipping along the edges. Courts have denied regulators the authority to substitute their judgements for any utility company decisions that have a shred of empirical rationale to back them up. As a result, utility executives adhere to the maxim of the late, great Robert Moses: once you sink in the first stake, they'll never make you pull it up. There have been a number of remedies suggested to this of consumer affairs. Ralph Nader has advocated the establishment of citizen watchdog commissions to monitor utility decisions. Such state a commission, which has had some success in Wisconsin, would require legislative approval. Others advocate the public take-over of utilities, an occurance which has happened in several areas in New York and in the rest of the country. But in the meantime, Presi- dent Reagan and dentistturned Energy Secretary James Edwards, have advocated greater nuclear power plant construction. The Reagan administration has increased spending on nuclear research and construction programs, one of the few non-defense areas to win a budget increase. Stay October 7, 1981' tuned. Opinion 3 �Thousands Converge on D.C To Protest Reagan's Policies by Ward Oliver and Earl Pfeffer People began to gather around the Washington Monument in the early morning as buses and carloads of protesters from across the nation arrived in the capital. There was a festive feeling in the air — balloons floated and placards waved even before the scheduled start of the rally. All morning long the mass of people swelled. Early radio reports listed the crowd's size as 500,000 people, a number later verified by Cable News Network. Even if the correct figure lies somewhere between half a million people and the National Park Service's estimate of 260,000, it still amounts to the largest rally ever held in Washington, DC. This assemblage was even more imwhen one considers the distances people traveled. A group of Seattle trade unionists, for example, cancelled their U.S. flight because of the PATCO strike, drove to pressive Vancouver, flew to Tornoto, and from there took buses to D.C. Much is made in the press about how organized labor is Sixpack", would not be attracted to the pro-social service theme (Jobs, Justice, Compassion) of the Solidarity Day scheduled by the AFL-CIO for D.C. on Washington, September 19. It appears that Mr. Crawford's predictive skills aren't as sharp as he would have us believe. The fact that the overwhelming majority of these people were, to again borrow Mr. Crawford's terminology, "real work-class stiffs," hardly lends support to his thesis of a serious indeological split between labor's leadership and its membership. Whatever may be the significance of this turnout for the future direction of the country, at the very least it was a demonstration of spirit that has not been visible in the American labor movement for a long time. Although many groups, including environmental, civil rights, and women's rights, planned the event with the AFL-CIO, the "union flavor", as the Washington Post described it, was most prominent. Throughout the morning, buses arrived with passengers from virtually every area of the country (including 5,000 from with the Western New York, and at last American worker. Based on count, 11 law students from last Saturday's showing, we UB). Under a sunny sky they wonder just who is really out congregated, donning brightly of touch. colored caps bearing union in Readers of the New York signias and unfurling banners. out of touch Machinists from Vermont met machinists from Chicago. Hospital workers from the Bronx joined their Mr. Crawford's prediction that brothers and sisters from North the American worker, i.e. "Joe Carolina. Blacks, whites, and Times on September 17, 1981 were "treated" to Alan Crawford's analysis of the contemporary labor scene. It was fellow Hispanics, young and old, converged to demonstrate their opposition to the social policies of the Reagan Administration. A little known fact about this rally is that it was born here in Buffalo. Last winter, |)holn nnifli">\ //«' N/ji-rirurv the Western New York Labor shows its dissatisfaction with Reagan policies Organized labor Coalition For Jobs, organizing local trade unions around the ched under the banner of the sheer size of the gathering. The issue of high unemployment in American Federation of State, shared purpose of everyone's the Buffalo area, conceived County and Municipal presence and the resulting the possibility of a rally in Employees, next on Reagan's camaraderie seemed to give all Washington this summer. A hit list after PATCO. The a sense of hope and a realizameeting last December Amalgamated Clothing and tion that the power to create a brought union representatives Textile Workers and the Inter- more just society does in fact from all over Western New national Ladies' Garment lie with the voting public. York to Buffalo to discuss a na- Workers came from both the At least it made these two tional labor response to the North and the South. Teachers observers realize that from the failure of our government to marched with the American perspective of the government establish an effective program Federation of Teachers, while and big business, there is more to abate the current their university counterparts to be feared from organized joblessness, which is especially marched with the Association labor than the demands for high in the northeast. Then last of American University Pro- larger paychecks and more exspring, over 100 delegates fessors. Migrant workers tensive health and safety from locals and internationals, displayed the red banners of regulation. Ultimately, the representing 17 states, met the United Farmworkers and trade union movement has the here to lay the groundwork for the Farm Labor Organizing capacity to mobilize the a national march on Committee. Legal Services American worker into a very Washington this fall to protest workers (yes, even lawyers) potent political force. It is the economic and social marched under the District 65 significant that the largest policies of the Reagan ademblem (UAW). And perhaps march on Washington in ministration. In early summer most imortant, PATCO was United States history occurred the AFL-CIO national leader- there, the victim of Reagan's without the support and ship joined the call for a anti-labor sentiment and thus assistance of any of the news Washington rally and the rest one of the catalysts of the media. is history. In feeling their power, the demonstration. Few people expected the passions were high. marchers' While people gathered, response to be so overwhelmof their wrath target A prime ing. Spread across the field various musicians and vocal was the military budget, curthat morning were unions groups supplied bluegrass, rently growing at the expense covering nearly every segment folk, and salsa music. The morof social programs 50 years in of American working life. From ning began with "Cod Bless the making. If the protesters' Pete America" and ended with the Applachians came the words were harsh, it was in United Mine Workers, while Seeger singing and strumming response to the callousness of crowd, the he as the Steelworkers and Auto his banjo for president who wants to has on so many other impor- asubstitute Workers represented urbanizcatsup as a the Although ed north. 60,000 workers mar- tant occasions. school lunch vegetable the in music was of diverse origin, it who wants to reduce program, united those present. Whether explicitly political or not, its unemployment benefits in the significance lay in its face of a shrinking economy, cuts grassroots sources. It might and who has made drastic medical in federally funded have been the music associated with a particular care and food programs ethnic group or region or without considering the immovement, but on Saturday, pact on the individuals who September 19, it was the music presently need those proof all American working peo- grams. As they marched, the parpie. ticipants sang labor hymns and Around one o'clock in the chanted expressions of protest afternoon, the procession to and solidarity. At one point, a the Capitol began. Every union darkening sky and blustering marched behind a banner pro- wind threatened the event. claiming its name. It took three However, as the march prohours for all the marchers to ceeded, the sky began to clear. make the short trip to the Hill. Finally, assembled on the lawn The rest of the crowd lined the before the Capitol, the people streets and cheered the prolistened to Lane Kirkland (AH testers as they rallied by. CIO), Coretta Scott King, Union members carried signs Douglas Fraser (United with messages to the govern- Autoworkers), Sam Church pholo hv I «iff\ Spu'tht'rn ment: "OSHA Saves Lives, (United Mine Workers), Bayard Don't Weaken It!," "ERA," Rustin, Benjamin Hooks Construction has been under- "Dim Jim Watt," "Organized (NAACAP), and Eleanor Smeal way for about one year, which, Labor Opposed to Social (National Organization of Neal claims, is "neither an Security Cuts." Auto workers Women) rally against the inunusual nor inappropriate displayed placards decrying justices being advanced by the length of time for completing a the proposed cuts in the stu- present administration. durable lot." The Marriott dent loan program. Besides the Perhaps the best expression of unions, there were organiza- what the day meant came from Hotel's parking facilities took over a year to complete. The tions as varied as the Cray Pan- Sam Church: "We did not real problem, according to Dr. thers, the National Lawyers choose this battle; it was thrust Neal, has been one of release Cuild, the Baltimore Women's upon us by President Reagan, a of funds by Albany. "The pro- Union, as well as several te- president who claims to have a ject doesn't start until the state nant and student groups. the mandate from releases the funds. The whole All day there was an elec- people.. .Well, we are the peoAmherst campus was suppos- tricity in the air that grew out ple and I proclain that if ed to be completed already." of something other than the thebattle must be, let it be." Parkers Irate At Ticketing Parking problems continue plague students at the Amherst campus one month after the start of classes. With the opening of the Knox lecture halls and Baird music buildings, the number of available parking spots has substantially decreased. A common complaint is that the lot presently under construction south of Cooke-Hochstedter halls should have been completed before the opening of the new buildings. According to Director of Facilities Planning, Or. John Neal, however, adequate parking, exists if only students to would avail themselves of north lots P4 and P5. The crux of student complaints, thoughts that upon entering the campus from the south they search through all of the parking lots south of the academic spine, only to find there are no available spots after about 9:30 a.m. Faced with the decision to either travel a mile around the spine to the north lots (and end up late for class) or abandon their vehicles along fire lanes hoping to not be ticketed before moving them, they frequently opt for the latter. During page four ~ Opinion Remember this day? September, approximately 1060 illegally parked vehicles were ticketed at the Amherst campus. Although two parking lots are now under construction, one south of Cooke-Hochstedter which will hold about 400 cars and one northeast of the field house which will hold about 200 cars, completion of .these lots this fall depends upon good weather (so don't be surprised if they're still working on them next year). J October 7, 1981 �ETHICS EXAM —— to be required for 1983, 1984 graduates virtually certain to be required for Summer 1982 examinees TEST DATE: NOVEMBER 13 You must be registered for test by October 16 SENIORS: If you choose not to take the test in November, you have ONLY the March exam to pass the ethics portion prior to fall bar exam, .' JUNIORS: You may take the November exam. BAR/BRI HAS A LIMITED NUMBER OF TEST REGISTRATION FORMS - ALL Bar/Bri Enrollees may take the Bar/Bri Ethics Course for NO ADDITIONAL CHARGE (although you must put down $50 toward your final amount due). i Tentative Tape Showings: Thurs., Nov. 5; Sun., Nov. 8 Enroll in BAR/BRI at the discount rate of $475 15 DISCOUNT ENDS OCTOBER price $50 _ IIL — / I LjaLJ 111 mJm m m The course taken by more people Studying for the NY exam last year than all other courses combined. freezes the course See one of these representatives: Judy Hollender Orest Bendrij Lori Marian Dana Cowan Ruth Pollack Carol Cramer Cheryl Possenti Rocky D'Aloisio Christopher Reed Demopolis Ann Aldric Reid EUen Dickes Pat D°oiey J°e Ruh Steve Sheinfeld MikeDoran Mark Suzumoto Feroleto John Paula Feroleto Arthur Scott Garfinkel Leander Hardaway TanY a Harve Richard Roberts Robin Romeo Karen Russ * October 7, 1981 Opinion 5 �Commentary Homegrown Comedy at Mulligans Attica Recalled Ten Years Later by Amy Ruth Tobol were gassed and beaten. On September 14, 1981 the National Lawyer's Cuild Buffalo Chapter sponsored a Ten Year Commemorative Program remembering the massacre at the Attica State Correctional Facility on September 13,1971. On that day, inmates who had taken over part of the prison in an attempt to highlight the urgency of their needs (poor food, poor health care, no training or drug rehabilitation programs) were violently subdued by state troopers. These troopers forcibly took back control of the prison by firing indiscriminately into the crowd of inmates and killing 43 persons and wounding many more. Liz Fink, an attorney currently working on the civil suits which were filed as a result of the re-taking of Attica, in- — troduced and discussed the film "Attica" which was shown that evening. Ms. Fink emphasized that although the troopers were responsible for firing 3000 rounds of ammunition into a crowd of unarmed men, thus causing the death of 43 people, no criminal charges have been filed against them. Instead, charges were filed against many of the inmates who were thought to be the "leaders" ' of the rebellion. Years of working through many of these criminal trials delayed the filing of a civil suit until 1974. A class action suit, currently in front of Judge Elfin, was filed on behalf of the inmates who were injured or killed and their families, is currently in the discovery stage in Federal Court (Inmates of Attica v. Rockefeller). The Attica rebellion and subsequent massacre forced the public to question the effectiveness of prisons as a remedy to increasing crime rates, and to question the validity and legitimacy of the use of such incredible force and violence on human beings by the state. Yet, ten years later, on September 18, 1981, an affidavit was filed in U.S. District Court on behalf of Special Housing Unit inmates alleging that they had been gassed and beaten in their cells on September 11, and since that date, had been deprived of bedding, clothing and showers. According to the affidavit, the inmates had been locked up after an altercation in the dining room. During the lockup, a guard dropped some of the food he was serving them on the ground, and proceeded to give an inmate the food anyway. The inmate refused to take the food, threw water on it, and was threatened by a guard who subsequently left without feeding the inmates. Throughout the night, inmates continued to shout and make noise as well as throw water and "personal items" out of their cells in protest. The next day, the affidavits allege, they Opinion 6 The Full Moon has several creases to iron out. Much of their stand-up adventures need to be rehearsed and there are places in which they need to add a little flavor. But mostly these comics remain more of an association than a real team. They need to learn how talents to offpleasing ability for impersona- to combine their evenly each others' tions. His imitation of Jack set more was told by Nicholson at the Academy particular humor. I they were Awards, introducing a film the comedians that that they all had on occasion "spit a few comic balls" between themselves but this was their first real crack at consolidating their talents. The majority of the show, however, remained based on their individual stand-up routines. Reed Rankin displayed a by Dana Brutman Tuesday at the "non"-club side of Mulligan's on Hertel, a Full Moon rose over a crowd of ex-Tralfamadore-Room comedy enthusiasts. Three comedians who used to frequent the open-mike show at the Tralf combined their talents with a theatrical comic actress from New York City and formed an association they call the Full Moon. As evidenced by the about obscene flippers, wa presence of their fans and very much enjoyed. friends, Buffalo still exhibits a Pancho Parrish initially apcontinuing affection for the peared as Francis Ford home comedians. The recent developments at Attica illustrate that the Attica rebellion brought very little change in prison conditions at that facility. And from time to time, the media continues to report flare-ups at other facilities around the country. The story seems to be the same, only the names and prison dates have changed facilities are inhuman and debilitating, evidenced by the grown high rate of recidivism. Certainly the prison system as it The association, comprised now operates is ineffective as of Reed Rankin, Pancho Para remedy for criminal rish, Dora Evans, and Tom behavior. Stratton, had originally planned to open their first night We need to remember Atback on the Buffalo comedy because we need to tica, with a credit film. Reed beat remember that an ever increasexplained to us that the Rankin of the ing segment population equipment had camera is being confined to prisons; failed them when mysteriously new are conprisons being that the lens. The comics they used structed; that these prisons are through the use of improvised producing very angry people. We are not really dealing with assorted props, special effects the problems of crime and by Tom Romano, and a logo of those who commit crimes by a full moon with a courageous allocating more monies for the pig outlined on the corner. rings, construction of prisons which Animal noises, phone star spiritually and wars were the government has recently done. We to matched to the moves made need acknowledge that an increas- by the man-powered flying ing sense of powerlessness and credits. helplessness, a continuous Each of the male comedians decrease of paychecks, has been pushing his comic welfare checks, food stamps, wares around for years as a etc., will continue to breed the solo stand-up. I was informed kind of frustration and desperation that often leads to crime. The sense of worthlessness that our children will feel as they go through in- Department has reversed past adequate educational pro- policy concerning affirmative grams with limited job action, school busing and availabilities ahead adds to the educational rights of aliens. It growing tension in this coun- is clear that the minority try. It is here, too, as it was in groups in this nation must Attica, that the frustration, make themselves known once desperation and struggle to again. Using the tools that Dr. survive, will, if not addressed, Martin King left behind, the explode into another rebellion. minorities must march and Rockefeller is no longer with demonstrate, protesting the us but Reagan is. And as the policies of benign neglect that new prisons become filled, and Ronald Reagan espouses. as the streets become Policies must be established overloaded with unemployed, that secure meaningful jobs impoverished people, Attica for all people, affording again and economic and social stability will happen again. There is much truth to to all people, and not just Reagan's Perrier crowd. the chant, Attica is all of us. — Thunderbird, wearing a beanie and wax eyes with springs attached to the sockets, and to accent his real personality he carried a wind-up shaker. Tom Stratton, who is a nationally known cartoon writer and has been published in Playgirl magazine, is noticeably short. He is maybe, give or take a bit, 4 foot 5 inches. His condescending humor somehow fits, in sort of awkward precision, with his unimpressive physique. The prevailing comedy was a combination of wholesomeness and absurdity, topped with a few sexually overtoned pranks provided by Dora Evans. A fellow law student, Stu Shapiro, was the guest attraction. He sang out, and had us join in on some old horn jokes and jingles in a style reminiscent of Arlo Guthrie. continuously writing new material, and perhaps with time, some of these will be smoothed out. In any case the necessary zeal and comic push was present. Mulligan's service unfortunately was off the mark. We didn't get served all night and had to slither our of our seats and journey to the bar during the show if we wanted anything to drink. But the decor was nicely done; we each had a flower on our table and a matching pink napkin. The Full Moon is appearing at Mulligan's every Thursday night. They hope to supply ad- ditional guest attractions weekly. This writer was informed that they will be changing the show each week with new skits as well. Mulligan's could grow to be the new place in Buffalo for comedy on Thursday nights. In fact, it may be the only place for comedy in Buffalo on Thursday nights. If you are looking for a little absurd zeal, check it out. Reagan's Policies Condemned Finally, Ronald Reagan will be destroyed from within. The Moral Majority will start to fight Reagan, the conservative libertarian wing will fight the president over corporate subsidies for Reagan's friends, Wall Street will fight for more budget cuts and Nancy Regan will fight for more fine china. In addition, other consth tuencies will awaken. James Watt's bugle has played reveille to a swarm of environmentalists angered over Reagan's callous disregard for the nation's natural resources. Family planning advocates will battle in Congress for needed — — cont d. from page two • • a dollars to finance their operations, and pro-choice forces will assemble a war chest to defeat supporters of the "human life amendment" to the Constitution. As stated before, there is a ship of state at sea, and an actor at the helm. Yet his militaristic, aristocratic style may prove to be too powerful for Bonzo's keeper. Reagan will see in the next few months increased resistance to his programs, a hesitance by Wall Street and Congress to support them, and by the November 1982 election, opposition from all parts of the nation; Women Law Students' Assoc. WoWtN LAW STUDENTS' OPEN MEETING Today, 4 p.m. CHILD CARE sth floor Faculty Lounge .. Agenda will include: membership plans, bylaws, dues, program planning, conference plans, and child care much more — and We will also be seeking chairwomen and members our for committees: publicity, community liason, faculty liason, child care, fundraising, conference, etc. Please join us. Kids welcome, Bring ideas, too. Tell friends! Don't forget!! October 7, 1981 . now open \t> oil ftiiouroMiraa , tc> : BarBRA name Appe.es»s. � xnutp it iv Mimeox 704 kavam aO6« pmome: jfl y§B — «b^^d' Tit**!*: Voo! �Sports Roundup By U.B. Law School's Own Crantland Rice by Steven Getzoff One can't help wondering if there isn't something about playing games for a living that causes adults to behave like reform school dropouts. Ap- ballpark beer than the average U.B. student spends on tuition, and what they don't drink is usually hurled at visiting players. Until teams are willing to improve stadium security, this will continue, and ballplayers are going to have to accept this fact. As long as the fans do not venture on to the field, it is out of their hands. If Messrs. Smith, Rose and Cedeno cannot accept the current situation, they should find another profession. Not all the violence has parently, a guaranteed spot in the playoffs has caused the attention of several players to wander into the crowd to be specific. Last week Reggie Smith charged in after a verbally abusive fan at Candlestick Park, a la Cesar Cendeno, and according to Reggie, he got in his licks. On been confined to the stands the same night, in St. Louis, this month. Reggie Jackson, after belting one against Denny of Cleveland, completed his — Pete Rose swung a bat in the direction of tw<3"bbscene spectators, mistaking their heads for Bruce Sutter curve balls. Fortunately, he fared no better than most batters do against the Cardinal ace, and no one was injured. Add to these incidents Mr. Cedeno's assault on an unfriendly spectator a few weeks ago, and Gary Templeton's obscene gestures at his home-town crowd in St. Louis, and we have a scene more akin to professional Thus, the ratings were division rivals eight times, and disastrous. Chicago won the plays only three games against game in a shootout, no less, everyone else. The balanced following 105 minutes of schedule of the prior two years scoreless soccer in front of was counter-productive, and 37,000 who had come expec- was retained only because ting to see a wide-open high- several owners of Canadian scoring game. Overall, the teams, concerned about attenleague's success this year was dance, threatened to throw so overwhelming that five themselves in front of Bobby teams are packing it in. UnforHull slapshots if Montreal tunately there isn't another didn't come in at least twice a Pele to revive the sport, and year. thus interest is fading fast in Concerning the probable spite of the gradually improv- outcome of the season, last ing quality of play. year proved that finishing near There are a few bright spots. the top in the regular season is One is the Montreal Manic worth about as much as a Q*, who drew 58,000 for one of its so it will suffice to predict that playoff games. Participation Washington, Detroit, Coland interest at the school orado, Hartford and Winnipeg levels are improving, for will all repeat as failures, with another, and if only the league the remaining 16teams making can hold on for five or ten the playoffs. years, a new source of fan supOverall, the Islanders should port should be forthcoming. prove again to be the class of * * * the league, with the Rangers, As September ends, and Philadelphia, St. Louis, Bufwinter begins in Buffalo, we falo, Calgary, Minnesota, Edturn our attention to the rink, monton and Montreal all havand find a totally realigned ing a shot at finishing a distant NHL, to cut travel home run trot with a beautiful flying tackle of the Cleveland pitcher in retaliation for having been thrown at during a prior at bat. Not being one to idly sit by and watch his rival steal the headlines in the next day's paper, Steinbrenner announced that in the future any pitcher throwing at a Yankee will be faced with a lawsuit within 24 hours. All absurdity aside, designed the possible effects of such a costs, and improve regional concept is phenomenal. An in rivalries. fielder cut down by a runner's The Rangers, Islanders and spikes would appear to have a Flyers remain together, but onsimilar cause of action (see ly one can go to the semifinals Prosser on Base Running), and under the new set-up. The the application of such a doc- Sabres join two rapidly fading trine to football would require hockey powers, Montreal and teams to employ on-field Boston, neither of which won a counsel and devote half their training camps to a seminar on football torts. Lost amidst all the recent events was the 1981 Soccer Bowl. Thanks to the NASL who scheduled the game in Exhibition Stadium, which could only hold the game on Saturday wrestling than baseball. night, there was no live televiThe fans aren't to be held sion coverage, and by Sunday blameless, however. Many are anyone who might have been capable of spending more on interested, wasn't any longer. playoff game last year, and thus the Sabres should represent that division in the semis. Performances by Minnesota and St. Louis in the midwest, and Los Angeles and Calgary and Edmonton in the western division cause the league to seem a lot more balanced than one might have thought when the new alignment was announced. Under the new schedule, each team faces its second. College football is in full swing, with the first week providing more surprises than last spring's Corp i final. Alabama, Nebraska and Michigan were stung by Georgia Tech, lowa and Wisconsin. All three got revenge the following week, Michigan's coming at the expense of the then-Number-One Irish. Notre Dame has now lost two in a row to Big 10 teams. USC is currently king of the hill, rallying to a 28-24 win against Oklahoma in what may turn out to be the game of the year. Of the threeunbeaten teams after four weeks in the NFL, only Miami is a surprise. Don Shula's rebuilding program is well ahead of schedule, although it took a holding call to hold on to a three point win last week in Baltimore. Other improvements this year can be credited to Kansas City and Cincinatti, who are both 3-1 and on top in their respective divisions, though K.C. has to share its position with S.D. and Denver. The Bills, already two games out, found their once seemingly invincible defense yielding 47 points in the last two defeats, against Philly, who they could have beaten and against the Bengals, who they should have beaten. The Jets finally escaped from the ranks of the winless, as Todd-toWalker again became a viable threat. Much of the credit for last week's rout of Houston must go to Mike Augastiniak, a fullback who can run, but more importantly, loves to block, thus putting the running game in gear. Across the Hudson and up Route 3, the Giants have suddenly rediscovered respectability, and possess one of the stingiest defenses against the run. Neither Rodgers or Dorsett could come close to 100 yards against the New Jersey triangle. The NFC, however, appears likely to send the same five teams to the playoffs again, provided of course that future episodes of "All My Rams" are as successful as the last two. With Kramer back, the Vikings should dominate the otherwise dull NFC Central. * * * Finally, I'm sure you're all dying to find out who the defendant is in this week's malpractice suit. This week we bring suit against the offensive line of the Houston Oilers for allowing its quarterback. Ken Stabler, to be sacked eight times in each of the last two games. Securities Symposium by Joyce Funda RES IPSA LOQUITUR - The Piepcr Jsfcu; York State Multistat* Bar Review offers an integrated approach to the Hew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skillsand a concise, organized presentation of the law. You will he prepared and confident. It Speaks For Itself. SCHOOL REP; John Schaus U.B. Law School will host a on- Securities Regulation and the Capital Raising Process for Small Issuers on Friday, October 16, 1981 in the Moot Court Room. The program, which will be held from 9:00 a.m. to 5:00 the expansion of small p.m., is being sponsored by the businesses. Law School, the U.S. Securities The $50 fee for the* seminar and Exchange Commission includes a luncheon ticket and (New Regional a set of course materials. York Office),and the Erie County However, law students will be Bar Association. welcome at the sessions (exThe faculty for the sym- cept for lunch) without charge. Further information may be posium is composed of staff members of the SEC, Buffalo- obtained in Dean Headrick's area accountants and at- office. Room 319. symposium New Faculty PIEPER NEW YORKMULTOTAIE BAR REVIEW 1517 Franklin Avenue Mineola, New York, 11501 (516)747-4311 Limited Enrollment. Early Registration Discount to Nov. 30, 1981 torneys and faculty members of the U.B. Law School, including Prof. Barbara Blumenthal, Prof. Roger B. Deitz and Dean Thomas E. Headrick. The program has particularly important implications for Western New York whose future depends on stimulating Human Rights. We find out what their needs are, and work through them." Professor Rimar also brought back ideas for the clinic from a U.N. conference she attended in Geneva, Switzerland this summer. While at the meeting of the U.N. Subcommission on the Prevention of Discrimination and the Protection of Minorities, she made valuable cont'd. from page one contacts in her field. On October 30-31. UB Law School will present a Colloquium on International Human Rights Law and Policy. Topics will include human rights policy and foreign affairs, and international human rights law in domestic courts. Professor Rimar is planning to teach a clinic on immigration next semester. October 7, I9m v, ; Opinion 7 �ENROLL BY OCT. 23 SAVE $100 mM M M 1 ll■■ I I A A Pi II IMI I II Some things are better the second time around isn't one of them. A ■ — taking the bar exam Take a good look at the Marino Josephson/BRC Course and we think you will agree that there is no better assurance that you will have to take the New York Bar Exam only once. No other course has our experience (over thirty years with the New York exam and seven years with the Multistate Exam), our record (over 30,000 New York attorneys, consistently superior New York passing rates, exceptional Multistate performance), our materials (our Capsule Outlines and Law Summaries prepared by the same people who produce the Sum & Substance of Law series and annotated and edited by the Marino staff), the lecturers (drawing from Marino's experienced staff of bar exam specialists and BRC's faculty of over ninety outstanding law teachers) or our uniquely effective study program (the Programmed Learning System featuring constant feedback, pacing and discipline). . Marino-josephson/BRC _ Mike Athans Howard Bluver Andrew Cataldo Larry Engle „ ~ Wendy Fechter Tanina Lianunari Greg Miller Matt Modica Julie Rosenblum Mark Ventrone Keith Bond •., D r V %, ''ju 'lllKliilk f 'i/i „ _. 4 § 5 = S i , J <$ ifkP ,�-• %\\^%%%V ■■■■■IllißHHHHßlllllH 111" BEST OF BOTH WORLDS Catherine Cleary Glenn Frank Julia Garver Rick Juda, Jr. Cynthia Locklear Bob Lane Diane Martin A 1M°*hiber Scott Nadel Ed Robinson Alan Sola " � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-10-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/7/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c9a8e6e6c985c83244c4831c82f2b131.pdf 1a3e90ffa4b5456a3dc2b15b869f5734 PDF Text Text Constitutional Law Scholar Finds Home At U.B. Law by Jim Provenzano multi-dimensional students which reflects the diversity of New York state. There is a happy balance of big city and small town philosophies which With a burst of energy, Professor Alan Freeman whips off his plaid flannel shirt and flings it to the side of the classroom. He straigthens his now-exposed red tee-shirt, leans against the blackboard and tells a joke. He is now ready to teach. For the next 75 minutes, the energy does not dissipate as Professor Freeman rips into the heart of Constitutional Law exposing not only its traditional aspects, but introducing radical approaches and notions as well. The class is Photo by Lee Berger caught up in the sweeping current generated by his Prof. Freeman in his famous red t-shirt. dynamism and many students find this flamboyant approach to legal instruction, a far cry He attributes this to a 'I'm excited about being from the more traditional here," says Professor Freeman. diverse and intellectually wellmethods, a welcome addition "Of all the. law schools, this is rounded faculty, and to what to the well-balanced program the most interesting place to he calls the "New York-type of studies at U.B. Law School. be." student body," the corps of Non-Protil Organization U.S. Postage PAID Buffalo, New York Permit No. 708 challenges the reaches of law. This, according to Professor Freeman, creates the best environment for teaching, scholarly research, and hopefully, for the application of his radical critique approach. Professor Freeman brings a wide range of experiences w th him to U.B. He clerked for a Federal judge in the Southern District of New York, worked in the Pentagon as an AttorneyAdvisor for the Air Force (thereby avoiding the draft), and has taught at the University of Minnesota Law School. These experiences, he explains, have been most radicalizing. Seeing from the inside how American institutions work has enabled Professor Freeman to Opinion critically examine them. His interests include Civil Rights and Anti-Discrimination Law, Land Use and Property Rights. He has written much in these areas, and has a book review and an essay being published in upcoming issues of the Yale Law journal. Currently, he is teaching Constitutional Law I and Property I to Section 2 of the first year class, and a seminar on the History of the Civil Rights Movement. Next semester, Professor Freeman plans a seminar on Law and Marxism. Outside of school, Professor Freeman enjoys the easy living of Western New York. He likes to spend time outdoors gardening, walking or raising a few animals. He loves to cook, often trying varied ethnic dishes such as Italian and East Asian delights. He also enjoys tennis, bowling, and supporting local barkeepers. — Opinion |ohn Lord O'Brian Hall SUNY/K, North Campus Buiialo, New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number 3 State University of New York at Buffalo School of Law October 22, 1981 Administration Announces New Associate Dean by Wendy Anne Cohen A wonderful thing I love dearly was reported through an intermediary. Two students were talking and one student says, "You know, Schlegel's going to be the new Associate Dean." The other says, "Oh, come on, nobody can do that to us." Professor John Schlegel sums up student reaction to his ap- — pointment. "I'm/looking forward job in a reflected to the bizzare way," Professor John Schlegel, who will become Associate Dean of the law school on January 1. Schlegel was appointed Associate Dean late last April, after several weeks of negotiations with Dean Thomas Headrick. "One never searches for an associate dean," Schlegel said, adding, "In an organization this small, it's who can we stick." By using the term "stick," however, Schlegel does not intend to imply a question of drudgery, "but if you held an election, there'd be no candidates." When Schlegel moves into the third floor associate dean's office this January, he'll be taking over a job previously divided among several other faculty members. Dean Headrick explained that when former Associate Dean William Griener moved on last fall, the associate dean's job was shared by Barry Boyer and Virginia Leary. When Boyer became sole director of the Baldy Center for Law and Social Policy, and Leary made plans to go on sabbatical "it made sense to appoint one person to pick up the responsibilities, and replace the split," the Dean noted. As Associate Dean, Schlegel will be involved in curriculum matters through his work with the Academic Policy and Program Committee, and student scholastic affairs through the Committee on Standards and Standing. "All the student petition stuff crawls across your desk," he commented. An important aspect of his new position will be "brokering courses," among the faculty, Schlegel believes. "I'll be the guy who walks across the hall yelling 'I need teachers for Contracts'," he said. "The job used to include dogging the admissions committee," Schlegel stated, but this aspect of the job will be handled in the future by a director of admissions. He expects the law school to hire a director of admissions by the first of the year. (Previously, admissions have been handled by the registrar, but as Schlegel points out, "that's too much paper work for him.") A graduate of the University of Chicago Law School, Q: Is He Not Dean? A: He is John Schlegel Schlegels have two children, me myself." Adding to the demands on Elizabeth, six, and Steven, one. Schlegel's time is his work with They also have one cat, Munthe Faculty Appointments chen, whose name was inCommittee, which he will chair spired by the Munchkins who until April. "It's going to be ut- populate Emerald City. ter chaos for three months," he "I am told that I'm quite tercommented. He concluded rifying in class. This has always that ultimately "my tolerance surprised me. Bring afraid of for the job will turn on how it Schlegel is like being afriad of fits in with my family." the Wizard of Oz." Schlegel Professor and Mrs. Schlegel, senses that there is an "ima professional musician, share plausibility," about his apchild care responsibilities. "I pointment, but concedes work while she takes care of "Whether or not it's implausithe kids, and she works while I ble, my lung power won't help Schlegel began teaching at UB in 1973. He was a member of the Chicago Law Review, a teaching fellow at Stanford, and an attorney with the Legal Aid Society of Chicago. Schlegel's main area of research is American legal realism. "Why did I do it (take the job)knowing that it will cut into my time for scholarship? That I don't know. It puzzles take care of the kids." The you make that choice." Schlegel believes that he and Dean Headrick share a basically similar academic philosophy. Where they differ, he thinks, is in style: "It's a matter of a tendency to dig my heels in harder than he does. He may decide something is not worth fighting for that I would fight for. It's more a difference of personality." Comments Dean Headrick: "We do share some considerable reservations about the efficacy of traditional legal education, but I'm not sure we always agree on what to put in its place." He added, however, "I don't think it's important that we agree on every educational philosophy. I wouldn't want people around me who always agreed with me; that does not make for a healthy administration. In the classroom, Schlegel trys to impart to his students the importance of thinking for themselves. "One teaches the way one is. I don't know why. I don't suffer fools, gladly or otherwise. The half-life of rules is short, the half-life of understanding the system, how it works in act, is relatively longer," he added. Schlegel plans to keep relatively regular office hours when he moves into 318 O'Brian in January. "My suspicion is that it will be fun. I like dealing with students," he con- cluded. As Cleo Jubalis, Dean Headrick's secretary who will be working in close proximity to the new associate dean, commented, "It certainly won't be quiet around here:" �Opinion ■ Vol. 22, No. 3 October 22,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Barbra Kavanaugh Joyce Fund a Lee Berger Gary Games Business Manager: Frank Bolz Contributors: Wendy Cohen, Diane Duffy, Marc Ganz, Earl Pfeffer, Jim Provenzano, Rick Roberts, John Stegmayer, Amy Ruth Tobol. Staff: Steven Cetzoff, Marty Miller Photo Editors: © Copyright 1981, Opinion, SBA Any re publication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Start ot Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by .the Editorial Board Opinion is funded by SBA from Student Law Kees Composition & Design: University Press at Buffalo Editorial Off The Undergrads The Sears law school library has recently become overrun by hordes of undergraduates. These babyfaced Lolita's and Lance's have taken over the best carrels and seating spots on the first and second floors of the library. These callow youths strew their unwanted copies of Alternative Press, The Current, and other low-brow undergraduate publications about the library. They speak constantly, noisily, and senselessly about the library. They crowd valuable table space with tomes on such meaningless subjects as Physical Therapy, Mechanical Engineering, and Sociology. They caper about the study areas, distracting hard working law students. One law student, when asked whether he considered undergraduate usage of the law library disruptive, responded "Do porcupines piss on flat rocks?" Law school is a trying enough experience without having to compete for study space with urchins just barely out of nappies. The situation has gotten so bad that to paraphase Mick Jagger, "It can make a grown law student cry." A number of solutions to this nagging problem come to mind. There is first, and perhaps the most appealing, the self-help solution. This would involve walking up to one of the offending persons, gently grabbing him or her by the scruff of their neck, and quretly but convincingly advising them to depart from the confines of the library. By its absence of any bureaucratic interposition, this approach should be very attractive to Reaganites. Secondly, an ID. check might be instituted. All non-graduate students would be summarily turned away from the Sears Library portal. So as not to deny procedural due process, spurned undergraduates would be granted an informal hearing before a court of second and third-year law students. Members of this tribunal would be required to have taken administrative law. The third solution, and what we call the passive restraint system, would be the posting of cautionary signs at the entrance of the Sears Library. Suggested wording for such a notice might be "Achtung! Untergraduates Verboten." A graphic of a skull and crossbones might be added for effect. This list of corrective measures to the aforementioned problem is not an exhaustive one. The Opinion would like to hear from its readership on this matter. Reagan's Policies Defended tions, Reagan still can't be accused of lying, for as every This is in response to last school child knows, the tax week's "commentary" by Marc cuts extend across all income Ganz entitled "President Call- categories. 2. But Mr. Ganz pressed the ed Reactionary." To paraphrase what William point: "(The President) has cut Buckley once said of Eleanor tax rates for his friends." If this Roosevelt, following Mr. is the case, Mr. Reagan should Ganz's thoughts in search of ir- rejoice, for he has a lot of the tens of millions rationality is like following a friends burning fuse in search of an ex- whose taxes are in fact reducplosion; one need not waitVery ed under the Economic To the Editor: — long. Mr. Ganz's remarks represent a toxic stew of invective half-truths, misinterpretations, and misrepresentations. A point by point refutation of his 'arguments' is probably in Recovery Act. 3. Mr. Canz charges that the President "has destroyed, via chimp has been slandered budget cuts, the infrastructure enough the past year. (Bonzo, I that enforced the civil rights suspect, could have written a laws throughout the nation." I thought the courts and prosecutors (untouched by the budget cuts) were largely responsible for enforcing civil rights laws. Perhaps Mr. Ganz learned something in Constitutional Law I didn't. 4. Concerning Mr. Reagan personally, Mr. Ganz asserts: "his militaristic, aristocratic style may prove to be too powerful for Bonzo's keeper. to the American public insofar [??]" I cannot begin to fathom as he has not "sliced the midwhat this passage is supposed dle class tax rates." Now, Mr. to mean. It should be observGanz cannot have it both ed, however, that it reveals Mr. ways. Either the President proGanz's penchant for not-somised tax reductions for the chic leftist sloganeering. middle class or he did not. If, Come, Mr. Ganz, you can do as Mr. Ganz maintains, Reagan better than that! Whatever promised tax cuts only for the happened to "running dog imrich, he can't be accused of ly- perialist" and "capitalist ing to the middle class. If, on swine?" Moreover, it is really the ohter hand, he did promise unfair of Mr. Ganz to drag poor Bonzo into this. The poor across the board tax reduc- order. However, that would get rather tedious, so I have chosen to address only a choice selection of his assorted ravings. 1. Mr. Ganz recalls "laughing" during last fall's campaign when President Reagan promised to reduce taxes for the wealthy. Just four short sentences later, the President is chided for having lied more incisive critique of public policy than most of those appearing in the Opinion). I could go on and on, but enough has been said to demonstrate the nature of Mr. Ganz's attacks on the President. Reasonable men may, of course, differ on the wisdom of the administration's program. While I support the tax and budget cuts and the administration position on a variety of social issues, I acknowledge that intelligent criticism is always in order in a republic. That is not, however, what Mr. Ganz provides. His response represents the typical radical cliche-ridden, kneejerk response to anyone who dares to differ with the left's version of Utopia. Robert A. Klumpf Human Rights Colloquium Schedule The faculty of Law at the State University ot New York at Buffalo will sponsor a International Human Rights Law and Policy Colloquium on October iO and 31 at John Lord O'Brian Hall on the Amherst Campus. The following is a schedule of sessions: David Filvarotf, University of Texas Faculty ot Law Michael Posner, Executive Director, Lawyers Committee tor International Human Rights, New York Steven Schneebaum, Patton, Boggs & Blow, Washington, DC. ' Friday, October 30 Key-Note Address: "Internaa.m. tional Human Rights: Past and Future Failures and Accomplishments" Thomas Buergenthal, Dean, School of Law, American University; Judge, Inter-American Court of Human Rights 9:30 — Panel: Human Rights and 11:00 a.m. Foreign Policy: Divergent Views David Sidorsky, Philosophy Department, Columbia University Albert Michaeles, History Department, SUNYAB B Ramcharan, Human Rights Division, United Nations, Geneva 2:30 p.m. Workshops: Panel Presentations (1) Limiting U.S. Military and Economic Aid on Human Rights Grounds David Weissbrodt, University of Minnesota Law School Amy Young-Anawaty, Executive Director, International Human Rights Law Croup, 'V* Washington, DC Hurst Hannum, Executive Director, The Procedural Aspects of International Law Institute, Washington, DC (2) The Impact of Human Rights Law on U.S. Domestic Law "A Look at Reagan's Human 4:15 p.m. Rights Policy" Patricia Derian, Washington, DC, formerly Assistant Secretary of State tor Human Rights and Humanitarian Affairs. 5:30 p.m. Wine & Cheese Saturday, October 31 9:30 a.m. Panel: "Perspectives on Human Europe and North America" Rights "The Canadian Perspective" —John Claydon, Queen's University, Kingston, Ontario "The European Convention of Human Rights Marc Bossuyt, University of Antwerp, Belguim "The U.S. and Southern African Human Rights Issues" —Coler Butcher, Howard University, Washington, DC. — " — 11:15 a.m. Panel: Third World Perspectives on Human Rights "A Third World View on Human Rights —Radhika Coomeraswamy, Sri Lanka "Human Rights and Development" —Ronald Meltzer. Political Science Department, SUNYAB "Indigenous Peoples and International Human Rights Law" —Howard Berman, Faculty of Law, SUNYAB " Opinion Election for Feature Editor: 3:45 p.m. Thurs., Rm. 724 Opinion 2 October 22, 1981 �Dean And Others CreditedWith Saving SUSTA by Marc Ganz the exception of SBA President William Altreuter and a few There are various tales that students, notably Sherwin may be told concerning who Suss, there was little concern saved SUSTA from the over the possible loss of the budgeteer's ax in the spring of law school's financial aid pro1981. One story is that gram. When asked to write letstudents rebelled when faced ters or call legislators, students with the loss of their financial turned and went away. In short, they couldn't care less. aid. But this is far from the truth. Dean Headrick felt difIn fact the restoration of the ferently though. The law Law School's financial aid school Dean's basic package resulted from the philosophy was that the law thankless work of Dean school, as a part of the State Thomas Headrick, and from University of New York, had a external factors relating to mission to provide quality undergraduate students. It was legal education to all qualifybasically Headrick's campaign. ing students, regardless of He made the phone calls, financial need. This mission wrote the letters and enlisted would ultimately be destroyed if the SUSTA program was the aid of local legislators. There is a short yet intense eliminated. Dean Headrick history to relate here. In therefore planned a campaign January, 1981, Governor Hugh to save SUSTA. Headrick turned to allies in Carey delivered his executive budget proposal to the New the State Legislature for help, York State Legislature. The and also relied on friends of State University of New York, the law school elsewhere. Acof which this law school is a cording to Dean Headrick, the part, had asked for money for Assembly played the activist the law school SUSTA pro- role in saving SUSTA funding. gram. SUSTA, the State Univer- Headrick enlisted the aid of sity Supplemental Tuition William Hoyt (D-Buffalo), Assistance Program, is ear- Arthur Eve (D—Buffalo) and marked for those eligible for John Sheffer (R.-Williamsmaximum financial aid under ville). Hoyt was most active, as the Tuition Assistance Program he lobbied Assembly Higher (TAP). Over one-third of the Education Chairman Mark law students attending U.B.law Siegel (D. New York City) sucschool receive maximum TAP cessfully. and SUSTA financial aid. Perhaps unknown to Hoyt It would therefore seem con- and Headrick was that there ceivable that a sizeable were those in Albany also inpercentage of the student terested in SUSTA's survival. body would rally behind a Steven Allinger, a key aide to campaign to save SUSTA. Au Siegel, stressed that the SUSTA contraire. The student body program benefitted many didn't seem to care about even minority students in SUNY their own self-interest. With undergraduate schools in argu- — In the State Senate, the Dean asked Walter Floss (R.—Amherst), Dale Volker (R. —Depew) and Majority Counsel Dean Headrk k comes through tißilin ing for SUSTA funding. In addi- tion, the Student Association of the State University (SASU) made SUSTA their number one budget priority for 1981 legislative session. Members of the Black and Puerto Rican Caucus also lobbied for continuation of the SUSTA program, again arguing that the loss of SUSTA would minority hurt ■ many undergraduate students. Assemblyman Arthur Eve, alumni members Rose Sconiers and Hugh Scott and Governor Carey's regional representative Dan Workman all assisted efforts to save SUSTA. In addition, the Black American Law Student Association (BALSA) urged Eve and other legislators to support SUSTA funding. Headrick also asked other alumni members active in the alumni association to write letters or call friendly legislators. Next, the Dean asked U.B. President Robert Ketter to make SUSTA funding a part of his legislative agenda. Ketter wrote legislators in support of SUSTA and was generally helpful to law school's efforts in this area. Sal Martoche for assistance. Yet the action centered in the State Assembly, where Assemblymen Hoyt, Eve and Sheffer combined to successfully push for the law school's financial aid package. Dean Headrick credits a number of factors for SUSTA's inclusion in the state budget. He said that "somebody was getting to legislators." The Dean credits the Black and Puerto Rican Caucus, and Assemblymen Hoyt, Eve and Sheffer for leading the SUSTA fight. He warned though that the fight was not over and that there may even be another attempt to slash SUSTA in the next budget. One important party ignored us. SUNY Chancellor Clifton Wharton chose to tell Dean Headrick, in a late evening telephone plea, to "go it alone." The resources of SUNY, including lobbyists, were too busy arguing for a tuition increase to worry about financial aid for law students. There are lessons to be learned in looking back at the fight to save SUSTA. Law students should thank Dean Headrick and the legislators who helped find funding for the SUSTA program. Mostly though, law students should look out for their own interests a little more. Next year's battle may be fierce, and it may take more than a committed Dean and friendly legislators to win the thankless battle. Commencement To Be At Statler by R.W. Peters It has tentatively been decided the commencement ceremony for the SUNY/AB Law School Class of '82 will be held in the Grand Ballroom of the Statler Building. The Statler, a large building given over primarily to office suites, is located on Delaware Avenue in downtown Buffalo. The Freshman Class Profiled by RW. Peters The University of Buffalo Law School class of '84 numbers 272 persons. This would make it a medium-sized class when compared to previous enrollments. A gender-based breakdown of this total enrollment figure allows for 108 women and 164 men. This would indicate the entering class is 61 % men and 39% women. Minority students total twenty-one in number. This would include Blacks, Hispanics, Asians, and those of Arabic descent. Of these twenty-one, twelve are women. Crand Ballroom reportedly has a capacity of 1500 persons. Kleinhans Music Hall, where the event has been Registrar Charles Wa|lin . Mr. Charles Wallin, Registrar this institution, states 1685 applications for admission were received. The median LSAT score was 636, and the median CPA was 3.4. The vast majority of UB Law students, as might be expected, hail from New York State. 146 persons identify themselves as Western New Yorkers, while 113 fall within the Downstate-Southern TierNorthland pastiche. Only thirat teen enrollees out of state. held in the years seats3sOO souls past, by Dean Thomas Headrick, citing possible problems arising out of religious beliefs of faculty and students. A cocktail party is planned the Saturday night prior to the commencement ceremony. The site of this gala is as of yet unsettled. A formal dance is also planned. All those interested in helping the Commencement Committee should contact Sherwin Kleinhans is unavailable for this year's senior class. The UB Dental School got the jump on the Commencement Committee and secured the use of the hall the appropriate Sunday following the end of finals. Kleinhans was available Sunday morning and Saturday afternoon and evening during "graduation weekend" but the idea of holding commence- Suss, Jay Flatow, or ment at these times was nixed Agnello. Rich Law School /Mcd School HALLOWEEN PARTY Live Music — Dancing All You Can Drink $ 1.00 Admission claim residence Other information as to the composition of the freshman class is currently being compil- Saturday, October 31, 1981 Talbert Hall Bullpen ed This data will be released upon the Opinion's receipt. October 22, 1981 Opinion 3 �The Ins And Outs Of The Tenure Process by Diane Duffy Not all trials occur in the courtroom. In many real life situations, you are called upon to prove your personal worth and ability before an assemblage of your peers. The process of receiving tenure at the law school in many ways resembles a trial with its long waits, burdens of proof, and its uncertainity of outcome. For the 1981-1982 academic semester, there are two professors up for tenure consideration, Fred Konefsky and Phil Halpern. There are also BAR/BRI offers the maximum AAff IffUll* scheduling flexibility of any New York BJ course, in Midtown Manhattan, only hBbI W■ %JmmmM & h■ ' I ■■Bj|BjPß| BAR BRI has consistently offered two live sessions (morning and evening) during the summer course Afternoon videotape replays are available In our larger locations outside Manhattan, we offer videotape instead ot audiotape ■■kf%Bfe I ■ ■ ■ III! MM ■•«■ Iff ■ Bμ Mm " MtftBiAAMA #j U|V ■'mf War 'mt BJ'JB _ B" Tr OVI _ _ —^i—— ■■■■■■■■■I _ . THE —J ' Locations already guaranteed videotape for Summer 1982 include: Albany Boston Cambridge area Buffalo, Hempstead. Ithaca, NYU Cardozo area, Queens County, Syracuse Washington and Wes,cnester County me ■% * mMtmWf m*\f£%\WfW% ifAWlf N6W IUIR Dal CUdill ■■ class hypotheticals. These handouts njlD /nni R~**Jlm Tbßßß|# VC II Ik BAR/BRI offers a special CPLR BBi course taught by Prol. Irving Younger. ■ ■■■ oiiiuyiiiM iiii ■T W 1■ M■ \wM. m IAMI I // ■%■% ■Wβ ■■ ■/ ■*■'■■■■ _— _ _ XMAII nin ■Kill MBBUMJ •■■•■ • ■■ save valuable study time and minimize the n^ingnece^ryinaßAß/BR, I VP This program is in addition to the regular CPLR lectures contained in the winter and summer courses. 1 AC m answers to substantive questions. Students who are unable to ask questions directly of our lecturers maysend their questions in writing to Editorial Director. BAR BRI Bar Review A written response will be returned. There Is no additional chargefor this program, OA WAAIM IffA Nil lOuullldu" «*■ BAR/BRI has had a consistently high pass percentage. At most rnapr law schools last year students taking BAR BRI passed the New York Bar Exam on the , 88 first try with a percentage in the 90s and high 80s o ,,.»,,i«m[ ,,mm«iocn i n«D.n[iu« • BAR/BRI provides updates and law. Students tea n the substantive law before going to class Class time is spent focusing on New York Bar Examination problems, on hypotheticals and on the substantive areas most likely to be tested on the exam BAR/BRI has an unparalleled testing program— for both the Multistate and New York local portions The testing will include hundreds of Multistate and New York local multiple-choice questions. and local New York essays Included are questions to be done at home and questions done in class under simulated bar exam conditions Selected Multistate questions will be computer-graded and selected essays will be individually graded and critiqued by New York attorneys BAR/BRI professors are more than just experts on substantive law. They have accurately forecast many of the questions appearing on past New York BAR/BRI offers a special "Take 2 jhis program aHOWS students t0 admrtted to the New York Bar and another Multistats Bar MM) Bar Exams -T» program, and Multistate bar examinations The faculty is composed ot prominent lecturers on New York law. Multistate law and the New York Bar Examination , , , Pro Richard Convisef BAR BR| s aft Prot Richard Harbus New York Law Prot Stanle Jonanson uO Tex as Law Pro G v Kelder Syracuse Law Hon Rex Lee So|)C|( or Qenera| Q the y S Dean Joseph McLaughlm Fordham Law Prol John Moye. BAR BRI Staff Prof John Nowak Uof Illinois Law Prof Alan Resnick. Hofstra Law Prof Fausl Rossi. Cornell Law Prof Robert Scott, U of Virginia Law Prof Michael Spak. BAR BRI Staff Prof William Watkms. Albany Law Prof Charles Whitebread. BAR BRI Staff Prof Irving Younger. Practicing Lawyer , , BAR/BRI offers a free transfer policy. transferred to the BAR/BRI £ BAR/BRI offers the widest selection of course sites and allows students to Bwitan locations. Anticipated course locations for 1982 include: •"** Manhattan Albany Ann Arbor (Columbia University (NYUCardozo area) Boston , New Haven Brooklyn Newark Buffalo Charlottesville , Philadelphia O^a^ F "g 0 i Syracuse siand Director Stanley D Chess. Esq Associate Director Steven ft Rubin. Esq. Editorial Director. Prot Richard T Farrell "",7 Rochester Su()o k county Hempstead imaca Mannatian (MidtownKve location Washington. DC. Westchester County New York's Number One Bar Review. See one of these representatives: Orest Bedrij Ann Demopolis John Feroleto Leander Hardaway Ruth Pollack loe Run Karen Russ 4 Opinion Dana Cowan Ellen Die kes Paula Feroleto Tanya Harvey Cheryl Possenti Steven Sheinfeld Richard Roberts October 22, 1981 Carol Cramer Pat Dooley Arthur Scott Carfinkel )udy Hollendar Christopher Reed Mark Suzumoto Rocky D'Aloisio Mike Doran Julia Carver Lori Marian Aldric Reid Robin Romeo three professors up for reappointment this year: Barbara Blumenthal, Kathy Carrick and Betty Mensch. Reappointments occur at the end of the second year of teaching when the Committee decides whether or not to allow the professor to continue for another three years or to discharge him/her at the end of the term. Reappointments are a preliminary stage to the tenure process. For the nontenured professor, the trial period runs from three to six years during which a capacity for competent teaching and quality be must scholarship demonstrated. The nontenured professor's performance during this probationary period will be judged by the Law School's Probation Tenure Committee. The Committee is composed of all tenured faculty at the law school and is en- trusted with the difficult task of evaluating a person in terms of his/her potential for substantial contribution to the intellectual environment of the law school. As a professor who is granted tenure will in most cases be associated with the law school for the remainder of his/her life, the tenure decision affects the growth and reputation of the law school twenty or thirty years down the road. The tenure decision is not one taken lightly by the law school faculty. Prior to the decision concerning tenure, a faculty visiting committee composed of three members of the Promotion and Tenure Committee will on several occasions attend the classes of the professor who is up for tenure. The visiting committee will make recommendations to the professor concerning ways to improve and will report their evaluations of the professor's teaching to the Promotion and Tenure Committee. Other faculty members, particularly those who teach in the same area, will also attend classes and prepare written comments. The Promotion and Tenure Committee also solicits student input about teaching ability by the use of SCATE questionnaires answered by students in each course at the end of the semester and from a random sampling of students' letters obtained prior to tenure deliberations. Besides a professor's teaching ability, the faculty also looks at a professor's ability to produce significant scholarly work. A professor up for tenure must provide some evidence of scholastic achievement such as law review articles, books, journal articles, manuscripts, or lecture transcripts. A candidate's dossier must include at least two substantial articles or their equivalents. Published cont'd. on page eight �Cinema Buffs Given Rare Glimpse of Soviet State by Earl Pfeffer Anyone going to see Moscow Doesn't Believe in Tears expecting a statesanctioned docu-dama glorifying the achievements of socialism will be surprised, or even startled by the film's seeming lack of political content. Likewise, anyone refusing to take in this movie because of a belief that any art produced in the Soviet State is tightlycontrolled propaganda devoid of expressions of personal coflict and growth as well as social criticism, will'be denying him/herself of an opportunity to see a love story of exceptional tenderness, humor, and insight, which is universally human. One should go see Moscow for what it is an exploration of personal relationships in a transforming society. But perhaps more importantly, one should go see this it is film for what it isn't lacking the content and form that one would expect in a film produced in what we are told is a totalitarian state. The movie probably won't change anyone's predetermined view of the quality of life in the Soviet Union; after all it is just a story. But it does point out the humanity of a people who our media usually depict as rigid, frightened, supressed, dressed in gray, and usually — — systems of support on which people had formerly relied, it points to the fact that debate in Russia is more open than Americans generally believe. It would be strange indeed if a society which explored the freedom of personal growth and expression in its films from a factory machinist to become its director. But even in the "workers' state," achievement and advancement in the name of socialism leaves something to be desired: our heroine still requires the support, companionship, and intimacy of a lover. state's vice-like command is a true one, and that Russian mass urbanization (yes, even in Russia). But at the same time there appear to be all too few denied that very freedom to This proves to be no easy task. the theater-going public. If the There seems to be no shorprevailing American view that tage of men eager to avail Soviet citizens lead their lives themselves of the sexual in dull conformity to the freedom that accompanies the found pushing in long lines at empty supermarkets. The film did not offer the usual bleak and regimented view of the USSR to which Americans are usually treated. The primarily Russian immigrant audience warmly applauded the film at its completion. They had found its humor uplifting, its appeal to emotion genuine, and its dramas realistic. The film has met international acclaim for its excellenceand it received tribute from the American Academy in being awarded the Oscar for best foreign production. This has generated speculation that debate is in fact everywhere stifled by an omnipresent men who can blend the police force, then this film is strength and tenderness, the an anomalous creature. One playfulness and devotion to viewing alone is likely to work which is demanded by a stimulate discussion and woman who wants a tradicriticism of many aspects of tional man in a non-traditional the movie was intended only Soviet society, and would relationship. When she finally ' for viewing outside Russia and necessarily preclude its being meets him, one "Gosha," she that Soviet film-goers continue shown there at all. tells him she has waited 20 to be treated to the same dull, The story itself requires little years to meet him. gray, socialist-realism in the explication. Initially set in Some reviewers have likentheaters at home. Some myths 1958, the drama is concluded ed Moscow to the American die hard. around 1975. Whereas film An Unmarried Woman. A film made for popular American film characters Perhaps. But Moscow is a consumption must address often develop and grow within much deeper and more fulfillreal social issues, not a matter of days or weeks, the ing movie. Certainly Cosha, fabricated ones that merely premise of Moscow seems to with his captivating blend of create an illusion of an open be that personal adjustments macho-sensitivity is a more society. So when the film exto changed conditions are complex and intriguing plores such issues as elitism necessarily slow, and often character than was Alan Bates' and privilege within Soviet painful. Soho artist. society, delinquency among its One can only hope that a The story centers around the youth, the lonliness afflicting lives of three country women growing exchange of films betnumerous single urban who come to Moscow in the ween the Soviet Union and the dwellers, alcoholism, and the fifties because of the opporUnited States will contribute breakdown of traditional tunities it promises for getting to renewed detente in the near work, acquiring an education, future. Such a notion may and most of all, finding men. seem farfetched. But in viewing films about Soviet people Each woman's different personality, ambition, and luck and seeing the crises, dreams, leads to a very different set of and humanity which they share Act presently doesn't provide circumstances. All are not with us, we Americans will for answers to the acid rain blessed with good fortune, and perhaps grow a little less problem. The EPA recently set the charades of youth create disposed toward gearing the standards for acid rain polluthe dilemmas of maturity. greater part of our national tion from new plants. However The story unfolds itself, resources and productivity the existing plants continue to focusing particularly on the toward our mutual destrucemit substantial quantities of life of Katyrina, who through tion. We have waited 30 years pollutants which combine to hard work and study advances for this film. form acid rain. Congress will be asked to set strict limits for the mid-west power plant's pollutants. Fine Particulates: Congress will be asked by environmentalists to control to a greater extent small particles containing large amounts of toxic chemicals. This will be resisted by industry though. Cost-Benefit Analysis: Currently the Clean Air Act does not take into account costs to comply with the program. President Reagan has indicated that he prefers ammending the act to include a cost-benefit analysis of all regulations, under which the EPA would have to prove that the benefits of clean air to society exceed the cost to industry of compliance. Rep. Henry Waxman, Chair of the House Subcommittee on Health and Environment recently stated that the standards should be based on protecting the public health, and not on extraneous factors. "We can't say the costs are so great that we can't care about health of the old or those who have lung disease and are particularly susceptible to t> adverse reactions from pollution." t> A A A A A AAAAAAAA cont'd. on page eight Clean Air Act Faces Renewal Battle by Marc Ganz emission limits set under the The Clean Air Act, the law which protects the public from polluted air, faces an uncertain future in the face of a renewal battle in both houses of Congress. The Act, first enacted in 1970, expires in September 1982. The Clean Air Act requires the Environmental Protection Agency (EPA) to establish air quality standards for safe levels of seven widespread and carharmful air pollutants bon monoxide, hydrocarbons, — lead, nitrogen oxide, ozone, particulates and sulphur dioxide. In other words, the act has required that industry control pollution from its plants and has also set limits on pollution from cars. The National Commission on Air Quality estimates that the Clean Air Act saves 14,000 lives annually. Also, a recent Harris Poll shows 84% of those polled were in favor of a strong Clean Air Act. Hearings on reauthorization have begun in the Senate Committee on Environmental and Public Works and the House Subcommittee on Health and Environment, and debate may continue through the fall. Large corporations have donated over $1,000,000 to current members of the two committees responsible for Clean Air Act reauthorization. Nearly half of the campaign contributions were contributed by corporations which the EPA says are in violation of act. According to a recent Common Cause study. Clean Air Act violators in the steel industry accounted for 98% of the corporate contributions; in the forest products industry, violators accounted for 91% of the contributions; in the chemical industry, violators accounted for 82% of the contributions. Individually, the National Automotive Dealers Association gave over $100,000 to Congress members and Dow Chemical Company contributed over $30,000 to friends in Congress. Who are these friendly congress members? Representative Clive Benedict (R.—W. Va.) received over $50,000 last year from special interest groups intent on weakening the Clean Air Act. Rep. Phil Gramm (D—Texas) received $49,000; Senator James Ador received $185,000 and Senator Steven Symms is in receipt of $183,000, all from corporations with an interest in gutting the Clear Air Act. These contributions will lend acrimony to the Clean Air Act debate. (R—S. Dakota) In debating the Clean Air Act reauthorization, Congress will ultimately address these areas: —Acid Rain: Formed when sulphur dioxide and nitrogen dioxide mix with rain, sleet or snow, acid rain has left more than 100 lakes in New York State fishless and has damaged forest and crop lands in the northeast and in Canada. The _ >vvvvvvvvvvvvv < > < — — >SB A I party! > < > > > > > > > 3rd Floor Near A & R Thursday October 22 4 p.m. October 22, 1981 « < < < < < < < Opinion 5 �Vegetarian Restaurant Promises Dining Experience by Amy Ruth Tobol — a sense that the restaurant's success will affect all of the After several months of people employed there. Consemunching out on Creek salads, quently, there is a very obvious bean burritos, and mushroom desire on the part of the and cheese pizzas until they servers and other workers to were coming out of my ears, I make the meal an enjoyable was more than ready to gorge one. There is also the feeling myself on the organically- that the restaurant is a very correct fare of Greenfield special place the first Street Restuarant. The vegetarian restaurant in Bufrestaurant, as it is fondly call- falo, as well as a place where ed, had been closed since part of the meal is running into December 1980 due to finan- people you know. cial difficulties, as well as a The restaurant has been turnover of collective significantly renovated, which members. The restaurant is creates a somewhat different collectively owned and run, atmosphere than that of the which, though it sometimes former restaurant. Originally, makes for difficultly reaching the restaurant operated consensus, has been very sucsomewhat like a cafeteria. You cessful as an alternative to the placed your order with the cashier, and waited for your .usual one owner restauarant. What makes the restaurant a name to be called at which welcome change from other time you went up to the more traditionally run counter to receive your food. restaurants is that the workers Certainly that caused some difat the restaurant are involved ficulty, especially when twenty with the entire operation, and Janes fought over their there is more of a sense of spaghetti and tofuballs. commitment to the restaurant Nonetheless, it was a homey — atmosphere. The kitchen also had been open so that one could watch the food preparation and now the kitchen has been blocked off, and waitresses and waiters bring the food to the table. I suppose many people might prefer this more traditional method of eating at a restaurant, but I miss the mad dash to the counter. At least I got some exercise that way. The renovations have succeeded in toning down the restaurant's atmosphere the restaurant is a quieter place, there is not quite the frenetic activity of the former arrangement. Quite honestly, the new structure did not help me digest my macroburger more easily, but there is something to be said for being able to eat without twenty people encircling the table waiting to give — ) YOU BftlAf« YOutSiLF y. TO TW£ a< P — THORSMiY ! ) October a.q*\«fr3:3OPM.! i LAW LIBRARY A/V-itt nJ;r Opinion 6 er A/v -4 SBA October 22, 1981 serves dinner specials, and offers brunch on Saturday and Sunday. One welcome change is the late night hours and snack menu which inlcudes a formidable list of coffees and teas. Law School Wag Offers Trivia Test by Rick Roberts » 1. How many words does the full name of the law school have? 2. Which room has the third largest seating capacity? 3 Which professor has the longest hair? 4. Name the four officers of the Student Bar Association. 5. What is Dean Headrick's secretary's name? 6. Full name, you sexist! 7. What is on the seventh floor of the library? 8. When did O'Brian Hall open? spo«so«£d restaurant — 9. Which two librarians are currently first year students? 10. When was the law school found? 11. Which U.B. law professor represented the plaintiff in Goldberg v. Kelly''. 12. What is Dean Thomas Headrick's middle name? 13. What does "HANALSA" stand for? 14. Who is the editor of the Opinion (without looking!)? 15. What is Dean Greiner? 16. What is the law prohibiting your first born from having indigestion for 21 years? h came with a marinated salad. Both were quite good, though the portions were small, and if you like your quiche hot, you'll have to ask. I never heard of luke-warm/cold quiche as a meal, but then what do I know? I'm the one that likes to smear peanut butter on cucumbers, and put raisins in my scrambled eggs. On weekend nights, the Though the restaurant is not quite what it used to be (a little to be wonderful. And the too laid back for my tastes), it always available minestrone continues to be one of the betsoup is terrific thick with ter restaurants in Buffalo, beans, vegetables and pasta, especially because the food is seasoned with cayenne (There wholesome and nutritious. The were moments when I could've cooks, the waitresses and the cashier their orders. What is perhaps most sworn it was chili.). My dinner waiters, and the dishwashers noticeable about the new companion ordered the quiche take great pride in their restaurant is the disapof the day (tomato) which restaurant. pearance of the community Students. SMft+ Faev/* | 1. oji*WE*U BRIN* TH£ PAINT* | { bulletin board. The board offered the community a space to advertise upcoming events, as well as create the opportunity for local people to share skills, apartments, rides to Alaska, etc. through posted notices. The restaurant could serve its community better if it were to continue the community board. There are few other places in the city which are frequently visited as the restaurant and which could serve as a central location for the sharing of information. on to the food. The So food has not changed drastically, though the menu has been significantly shortened. The macroburgers continue Rick Roberts riot!! 7. Chairs, Photo by Krank Bolz A one-man latt — tables, and the records and briefs of most New York Court of Appeals cases from 1850 to 1962 and Appellate Division cases from 1944 to 1979 (2 points if you knew only NY stuff was kept there) 8. 1973 (1 point) 9. Karen Spencer and Nina Cascio (1 point for each) 10. It was never lost. It was founded, however, in 1887. (1 point if you caught the grammatical boo-boo, 3 points for the answer) 11. Lee A. Albert (1 point) 12. Edward (1 point) 13. Hispanic, Asian, and Native American Law Student Associaiton (2 points, but give yourself one if you only missed Answers 1.12: State University of New "Asian") York at Buffalo Faculty of Law 14. Ralph Peters (1 point, but and Jurisprudence (1 point) minus one if he's your friend) 2. No, none of the carrels. 15. Irish, and a nice guy (1 Room 112 the "Purple Pit," point for any answer) after the Moot Court Room 16. The Rule Against Burpeand 106 (1 point) tuities (5 points) 3. Janet Lindgren (1 point for the correct answer; Vi point if Scoring you guessed Al Katz) 0-3: Tell people you're pre-law. 4 President: Robin Romeo; 4-6: First year: not bad; UpVice President: Joe Mcßride; perclass: no excuse. Treasurer: Hunt; 7-9: Now we're talking proudly. Sara Secretary: Mark Reisman (1 10-12: Impressive! point for each) 13-16: There's more to life than 5. Cleo (1 point) law school, you know. 6. Cleo Jubulis (3 points) Over 16: See a doctor, fast. — �Fellowship Offered A Warning To Incompetents The "National Association of the NAB will assist the appliBroadcasters is currently seek- cant in acquiring employment ing applications for its Legal with the federal government, Fellowship Program. The pro- the communications bar, a gram, commencing September broadcast station, a network, 1982, is open to all graduating or any other related activity in or recently graduated minority the communications industry. law students who have The annual salary for the demonstrated interest in communications law. The selected student will participate in rulemaking proceedings, draft briefs for appellate review, assist the NAB Government Relations Department in its activities before Congress and become involved with the federal regulatory process. At the end of the program, The New York State Bar Association's Committee on Professional Discipline, in a report issued earlier this month, said that during 1980, court-appointed professional one year fellowship is $21,500. discipline committees issued It is not necessary for the ap- 389 letters of caution, admoniplicant to have taken or passed tion, and reprimand to lawyers the bar exam prior to applying. who had commited infractions Resumes, postmarked no of the Code of Professional later than November 15, 1981, Responsibility. should be mailed to Erwin C. 'In addition, the report showKrasnow, Esq., Senior Vice ed that the courts disbarred 25 President and Ceneral lawyers in New York State for Counsel, National Association violations of professional conof Broadcasters, 1771 N Street duct, and also accepted the NY., Washington, D.C. 2003b. resignation of seven lawyers, suspended 21 from practicing regardless of its nature, is inlaw for specified periods, and vestigated to make certain that publicly censured seven lines of communication between lawyer and client are others. Inquiries from the public reestablished and maintained. about attorneys' conduct totalHalpern pointed out that the ed 6,733 in 1980, according to Professional Discipline Comthe report, of which 1,561 did mittee has unanimously gone not indicate any basis for acon record in favor of an tion. amendment to section 90 of Harold M. Halpern of Buf- the New York State Judiciary falo, the current Committee Law to eliminate confidentialichairman, pointed out that ty of formal disciplinary prolack of communication bet- ceedings against attorneys, ween lawyer and client is still once there has been a one of the main complaints preliminary determination of received by grievance commit- probable cause justifying the tees. Each inquiry, he added, proceedings. He said that the committee is preparing a report for submission to the NYSBA's House of Delegates for its consideration. Halpern said that, "the adoption of such an amend 1 ment would enhance public awareness of the serious manner in which the bar treats matters of legal misconduct." Sure-Fire Ticket To Wall Street LEGAL EDUCATION State University of New York at Buffalo Faculty of Law and Jurisprudence Buffalo, New York 14260 J.D. expected May 1982. Class Rank: 10% Honors Grades: would have been appreciated in the following courses. Corporations; Enterprise Organizations; Evidence; Torts; Contracts; Federal Tax II; Constitutional taw I; Constitutional Law II; Constitutional Law IV (seminar on Presidential Powers); Constitutional Law XXIX (research seminar on Lockhart, p. 429, note 3, par. iv vi or Gunther, p. 633, sec. B, line 4, 3rd word in.); Commercial Paper; Legal Profession III; The Legal Implications ofThe William Tell Overture (seminar). LSAT: 797 November 400 July 397 HONORS AND ACTIVITIES: Buffalo ■Law Review Received defective complimentary copy of Vol. 28, Number 1. - Charles S. Desmond Moot Court Competition Best Briefs Accidentally revealed during post-banquet party. Buffalo Legislation Project Tried to slice BLP's budget to facilitate more videotaping of SBA meetings. Buffalo Consumer Mediation Service Elicited their aid in dispute with Echo II over defective bong. Buffalo Legal Aid (Clinic) Former frequent (and well-liked) client. Sea Grant Fellow , r Spent several hours in law library searching for anything published by one. Student Bar Association Former president resigned for personal and compelling reasons (e.g. membership on law important long-distance phone calls) review, - LAW OFFICE EXPERIENCE Philledup, Lyres, Hafcrocked, Blinde, and Hubris I N O N DEAD LINE I i IJ II ILNE!1 ! I 1 TUES. OCT. I . I „ Buffalo, New York to Received personalized form letter signed by an associate's personal secretary offering return my resume (C.0.D.). i /Pa 2 2 Research and Writing Instructor Couldn't believe it when mine got a raise. Law School Journalism The Opinion Read every other Thursday. ® i Charles S. Desmond Moot Court Competition Sat in third row and attended free cocktail party following the arguments. Finals - \ J 27 12 f ZNOONZ Jaeckle, Fleischmann, and Mugel , , -, Buffalo, New York Received ratings of "qualified" from a senior partner in areas of Future Interests and Estate Planning. October 22, 1981 Opinion 7 �Resident Sports Expert Mourns Baseball's Changes by Steven Cetzoff Many may wonder what lies in store for baseball in years to come. Perhaps the answer can best be illustrated by a brief journey into the future. The year is 1997. A father and his "son touring are the Cooperstown Hall of Fame. All when the Yankees didn't win. Son: Who does he fire now? Dad: Once after losing the Series to the Phillies, he tried to fire their usherettes, but the networks threatened to break .their TV contracts and not focus on him between pitches anymore. Son:Was this man a manager too? Dad: Sure. That's Joe Torre. He managed the Mets for four years, back when most teams had managers. Son: How did he stay so long? DadrWell, they wanted to fire him, but he was so quiet, no one was really quite sure who he was. Son: What did managers do? Dad: Well, they used to decide who would play what position and the batting order. Of course, today, most of these details are covered in the players' contracts, so there was no longer a need for them. . like they could be three game the NHL, there will be an open- who will have to rely even sweeps, but only Oakland had ing at head coach (see Job more on Cervin this year, it as easily as that. The Book "R," batch submission Portland, who is always well disciplined under Jack Dodgers were the first team to only). Ramsey, and Golden State win a five game series after los� • with Bernard King and Short * ing the first two, and the providing the fire power. Yankees received a bit of a scare from the Brewers and The last of the winter sports * * some harassment from Stein- to get underway is basketball. * brenner before Reggie got it The NBA East features three The Bills hTwe finally overdominating teams, Boston, going in the fifth game. Moncome the ABC jinx, against after and each Phi Ity scared its own fans Milwaukee treal one a shade better than the none other than the suddenlyPhiladelphia evened its 2-0 advantage by winning games next. If the Bucks can't sign suspect Miami Dolphins. After three and four, but in game Marques Johnson (which they hearing the post-game reports, five Steve Rogers out-pitched probably can't; without though, they might have to and out-hit the Phillies to make Federal aid) they could have order a shipment of spare the Expos the first Canadian problems, however. The knees in order to field a team team to make the league primary difference is in depth next week. The Jets are making at the center position. The it easy for Todd, by providing championship playoffs. Celtics enjoy the services of him with a superb ground atKevin and Rick Robey, tack, and a league leading 25 * * * which McHale allows Bird and Parrish sacks. If it continues, the Bills The hockey season is under- to be a bit more aggressive and may be glad that the Jets way, and thus far little has changed. The Sabres retain the unique ability to look things are as they will be then, awesome one night, and as lost only We Are There. as college freshmen at orientaSon: Dad, who's that? What did (Organ music). Thus was the tion the next night. To be fair, he do? fate of the baseball manager. they're in the midst of losing a Dad: That's Don Money. He Rule changes and clauses in war of attrition at the center was the last ballplayer to lay players' contracts made position, and if things don't down a sacrifice bunt. strategy decisions obsolete, change, they'll have to trade Son: Dad, what's a bunt? and eventually they began to for centers in bulk. Even a solid performance by Dad: A bunt was when a batter disappear. There were stories gave up a chance to hit a home told of strange knocks on the Buffalo did not atone for the run to move the runner into door in the middle of the night disgraceful treatment of the scoring position. and managers hauled off in ar- Sabre fans this year. Obviously Son: Why don't they bunt mored bullpen carts. a bit dissatisfied with season anymore? A few purists remained, ticket sales, management Dad: Well, players were com- longing for the game they once decided to make up for lost plaining that they were being knew. The more outspoken revenue by extorting $50 from asked to bunt, and their home ones were rounded up and exil- any fan who wishes to see most run and RBI statistics were suf- ed to a large parking lot outof the home or road games on fering. They claimed that this side Forbes Field in Pittsburgh. TV. It's unfortunate that the hurt their bargaining posiiton Yet they still clung to their NHL is powerless to impose when they became free agents, dream. One day they might be severe sanctions on the team so after a long strike, the rewarded and see good oldfor such conduct. Returning to teams who fashioned baseball not here league agreed to outlaw it. Son: Dad, who's that man? in the prefer to go public, the of course, but Dad: That is Bob Lemon. He twilight zone. Islanders looked positively was the last man to manage dominating in their opener + , the Yankees. against LA., a team still suffer* * ing from a trouncing at the Son: 1 didn't realize the hands of the Rangers in last Yankees ever had managers. I As we leave the time tunnel thought George Steinbrenner and return to the present, we year's playoffs. owned the team. Olympic hero Herb Brooks find that the fund-raising Dad He does, but they used to round of the playoffs is over. If has the Rangers skating circles have managers. Not that the owners were disappointed around themselves, looking George didn't run the show, with attendance in some cities, more and more like a Chinese but he was required to have a they certainly could not comfire drill each game. The manager in the dugout, for TV plain about the quality of play Rangers were loose enough on appearances, I think. Besides or the excitement. defense last year without havhe needed someone to fire Initially all the series looked ing to do figure eights at center ice. When they did win it was with good hard-nosed closechecking hockey, and with cont'd. from page five each player always in the right position. If Brooks doesn't Enforcement: Congress is ask Congress to amend the law learn how games are won in being asked to allocate more to remove deadlines for comfunds for enforcing the Clean pliance with health standards Air Act. However, President in urban areas. This will effecReagan prefers to delegate tively eliminate industry worauthority in this area to the ries about compliance with states, a viewpoint that is hotly health standards, and is certain opposed by environmental to face an uncertain future in manuscripts and completed groups. Congress. we can see. Conbut unpublished manuscripts From what Mobile Standards: The has much to debate in which are submitted for Comauto industry will lobby for gress the ahead. Lobbyists will mittee consideration are year relaxed pre-testing of new buttonhole the Senators and reviewed by noted scholars in for emission stanautomobiles on both sides the field. The Promotion and Representatives In addition, the industry of the aisle search of the Tenure Committee places a lot in wants to increase allowable perfect compromise. We'll see of emphasis on scholarship limits for nitrogen and carbon a Clean Air Act next year, and because scholarly work admonoxide. Congress will be perhaps for many years to vances the legal education of hard pressed to make severe the legal profession at large by Yet, what health stanchanges, as a recent report for come. will be effect, how the providing new insights, apin dards Congress shows a 90% drop in will be enforced, and real- proaches and methodology to -'automobile pollution as a law ly how well each of us will an old but frequently result of catalytic converters. breathe may well be decided misunderstood subject matter. Finally, the Committee Health Standards: The in the next Congressional sesmeets to decide whether or not Reagan administration plans to sion. ...— Clean Air Act .. — less concerned with fouling out. The remaining playoff teams in the east should be as follows: The Knicks, who still lack a power forward, and a complete center, but can run most of the lesser teams off the court; Chicago, with an aggressive Cilmore, and good depth at forward with Xenon; and Indiana with Billy Knight, even though they lost James Edwards to free agency. Cleveland signed every free agent in sight including Edwards, James Silas and Scott Wedman and have Mitchell, who averaged 30 a game for them last year, but all four cannot share the same ball contentedly. The Nets are two years away from domination if King, Williams, Legarda and O'Koren come around as expected. Imagine, the first allACC team in the NBA. In the West, the Lakers should return to supremacy. Last year they had a harder time adjusting to Magic's return than to his absence, but barring the unspeakable, they'll be up there along with Phoenix, another unsuspecting victim in last year's playoffs. Houston finally showed some balance, which got them into the finals. Robert Reed is a force to be reckoned with inside the lane, and Dunleavy was pulled out of law school last year and adds some stability to a freelance backcourt. Rounding out the playoff picture, we have San Antonio, Ins And Outs... — — to grant an individual professor tenure. The faculty members have been supplied didn't go for the win in Miami the other week. The giants overcame a dreadul performance against the Packers to trounce the Car- dinals, holding long time nemesis Mcl Gary to 18 yards. Carpenter gives the Giants their first real running threat since Ron Johnson, as the Giants at one point scored on five consecutvie possessions against the Cardinal defense. The biggest difference this season thus far has been the ability of NFC teams to hold their own in interconference games. Minnesota pulled out a thriller in San Diego last week, while Detroit shut out the champs world-and-AFC Oakland not long ago. Even the losses have been surprisingly close (such as Detroit's to the Broncos or Chargers). By the time Oakland scores again, we'W all have full-time jobs on Park Avenue. * * * Finally, this week's malpractice suits are against (1) the Miami secondary, beaten at least six imes on the identical pass pattern leading to three of the Bills touchdowns; and (2) to the AL championship series umpiring crew, who in game one called three Yankee runners out at three different bases when replays clearly indicated that all were safe. If this is the league's best, then baseball is in more trouble than I thought. cont'd. from page four tries not to focus on any one character flaw of the professor up for tenure but instead to consider the whole person in determining his/her future with all the candidate's materials at least one month prior to the meeting and must worth to the law school. be present to vote. They try to Whether the Committee arrive at the tenure decision in made the "right" decision in the course of a discussion any individual case is much like a jury in chambers. debatable but moot. The verTenure as administered at dict will be passed on the sucthe law school strives to be a cess of the tenure process by tough but fair procedure. The the generations of law students law school lays out their stan- that come after us who will dards so the professors know in choose whether or not to enter advance what is expected of this law school based on the them. Also, the Committee caliber of its faculty. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-10-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/22/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dc494f02c37813e9afbda4935190f47f.pdf 2b5ded0dc560737b701203cc4de2fb96 PDF Text Text U.B. Law Graduate Returns To Join Faculty by Earl Pfeffer Professor Ron Hager, direcSchool's Education Clinic, began his legal education at U.B. in 1975 hoping to learn a skill which he could use to help people. "I suppose you'd say I was very idealistic," he said, "but after a few years of law school I asked myself the nagging question how much change can I do?" This is a question frequently asked by law students. However, after beginning their first year with the goal of contor of the Law — fecting social change. For 18 months he worked as a Vista Volunteer. Placed in Buffalo with BUILD (Build Unity, Independence, Libjerty and Dignity), a black community organization, and with St. Augustine's Center, a private service agency on the~ city's east side, Hager advocated the educational rights of (earning handicapped and suspended students. "The Vista Program was directed toward the prevention of juvenile delinquency, which "we hoped to accomplish through detection and fronting some of society's in- remediation of learning projustices, they often conclude blems when the kids were their three year stay here with young." the belief that the Jegal practi"If you invest services and tioner is a tradesperson for programs in students at a hire. In the end they usually young age, no matter how hire themselves out to the severe the handicapping condihighest bidder. tion, you'll give them greater Yet, Professor Hager, upon ability to function ingraduation in 1979, set out to dependently and productively find out for himself what later on." potential a lawyer has for ef"Take, for example, a person of average intelligence who is unable to perform in school because of a severe reading disability. That kid's frustration will be enormous, and if not addressed, it will lead to discipline problems and possibly later on to delinquency. You can put yourself in their shoes and see how the frustration would cause them to become angry. Even if such students may never be able to read, they are entitled to services which will enable them to learn, such as having tests read to them." However, special education programs cost money and legislators' and Washington bureaucrats may be disinclined to provide funds for the services necessary to assist these children. "You pay now or you pay later," Hager asserts. "It has been estimated that 50 to 80 percent of the kids who come through Family Court because of delinquency or as Persons In Need of Supervision (PINS) are educationally handicapped." "Besides, these children have as much right as anyone Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 -Larry Spielberg Clinical Professor Ron Hager else to participate in and enjoy the benefits of society." Thirteen U.B. law students —Continued on page 3 Opinion John Lord O'Brian Hall SUNYfB, North Campus Buffalo, New York 14260 "The function of a free press is to comfort,, the afflicted and afflict the comfortable. H.L Mencken — Volume 22, Number 4 State University of New York at Buffalo School of Law November 5,1981 Steven B. Sample Announced as U.B. President by Barbra Kavanaugh As television cameras pann- ed the crowded room, opportunitiy we couldn't turn down. We are thrilled and excited to be here." After his brief statement, photographers jostled for posi- reporters from both inside and tion and reporters strained to outside the University com- asked by Council Chairman Koren to sit down_and another reporter was invited to ask her questions. However, several minutes later, Steve Cotrone, also of munity were invited to ask ANC, asked Dr. Sample if he questions. was in favor of the South Although the general tone of African policy of apartheid, to the conference was that of which Dr. Sample answered warm and polite welcome, flatly, "No." concerning such issues as Cotrone then asked what student-administration com- steps, if any. Dr. Sample would munication, problems with take-as University President to state funding and future plans, end University investment in Michael Niman of the Alternative News Collective touched upon a different note when see and hear, the new president of the State University of New York at Buffalo was introduced last Wednesday, October 28, at a press conference in Capen Hall. Dr. Steven B. Sample, 40, now executive vice president for academic affairs and dean of the Graduate College at the University of Nebraska, will assume the presidency of U.B. he on March 1,1982. After Robert I. Millonzi, chairman of the Presidential Seach Advisory Committee, thanked the members of the committee for their efforts during the seven month search and welcomed Dr. Sample to U.B. M. Robert Koren, University Council chairman, introduced him and his wife, questioned Dr. Sample about a gift of South African krugerands made to the University of Nebraska while he was vice president of Academic Affairs. Reading from notes, Niman said that a gift of $1 million worth of krugerands was accepted by the University, pro- mpting State Senator Ernest Kathryn N. (Brunkow) Sample Chambers, a progressive black to members of the press, facul- legislator, to propose a cut in ty and student body in the state funding to the University room. of $1 million. Niman said this "This is a great honor, bill lost in a close vote. Dr. Sample replied that, in responsibility and privilege for both Kathy and I," said Dr. fact, the gift was made, not to Sample. "We love Nebraska the University itself, but to the and the University and didn't University Foundation which want to leave. W« have turned ultimately did divest itself of down other universities, but the krugerands. He futher were so impressed with the stated that he knew nothing of University at Buffalo and the a "close vote" to cut Universitown of Buffalo, so impressed ty funding by the state. When Niman attempted to with the way we were treated here, that we just felt it was an ask further questions, he was and support of instituitons sive university in the SUNY in the Northeast," in South Africa. in response to a reporter's "I don't know enough about question, 'why Buffalo?' whose funds are invested Although he said he was where," he replied, "and am aware of the problems at U.8., not in a position to answer "I'm a lot more aware of the questions." potential." He mentioned the The conference then con- University's "great heritage" of tinued along more non150 years, a faculty which is "very, very good" and saw one controversial lines. Dr. Sample praised the of his goals as maintaining the University at Buffalo as an already high academic quality. Dr. Sahiple did recognize "outstanding university, the largest and most comprehen- that problems do exist in finishing the commitment the state has made to complete the Amherst campus and to refurbish the Main Street campus. "There is always a problem with building a new campus. Moving students and faculty breaks down traditions and the institutional framework," he said, pointing out that "Amherst has been fairly well completed, and, while walking around campus, I saw 'traditions' building up again, in things such as coffee and doughnut areas,' and student meeting places. It takes a long time to move in." As to state funding problems generally, "every public institution has these problems, although the commitment the State of New York has made to faculty salaries and (physical plant) development is very which invest and do business system and strong." New President Steven Sample Murphy, GSA Peter representative to the Search -Continued on page 3 �Presidents Corner SBA Gets House In Order Opinion Vol. 22, No. 4 November 5,1981 Editor-in-Chief didates to share their enthusiasm in other SBA. func- Ralph W. Peters Managing Editor Larry Spielberg k News Editor: Feature Editor: Barbra Kavanaugh Earl Pfeffer Photo Editors: Lee Berger Gary Games Business Manager: everyone was qualified. We appreciate the interest and encourage unsuccessful can- Frank Bolz Contributors: Diane Duffy, Mark Frankel, Cindy Kanterman, Mark DellaPosta, Robin Romeo, Sherman Suss Staff: Marc Ganz, Steven Getzoff, Marty Miller, Rick Roberts, John Stegmayer © Copyright 1981, Opinion, SBA. Any republication pf materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Editorial Human Rights Should Be Foreign Policy Keystone tions. To encourage everyone to share their ideas we have introduced a new policy of open office hours. There will be a board member in the SBA. office on the first floor across from the elevators every day from 9-5. We have hired an exby Robin Romeo cellent work-study student In a mere five weeks the new who takes care of many of the S.B.A. board has assembled smaller details, freeing board and is functioning smoothly. members to concentrate on This can be attributed to the more important issues. We extensive personal involvehave instituted office hours to ment of this year's board. We ensure that your input will be are glad to have a large proporheard and considered. Please tion of last year's members feel free to approach us with back, as they have helped any comments, positive or tremendously in the transition. negative. To complement activity Most importantly it is encouraging to see this year's within the law school I have atfreshman class so aware and tended Law Alumni Associainterested. I'm sure this will in- tion Luncheons where issues sure for them continued succoncerning this school and the cess in the next few years. students are the focal point. These factors, together with a The Alumni carry on several hardworking second year class, functions to raise money to will guarantee a most produc- maintain and upgrade the tive year. quality of the law school. To A large proportion of our ensure student input in other first month's work was piecing areas, I attended a meeting of together Faculty-Senate com- the Erie County Bar Associamittees. The turnout of cantion Law School Liason Comdidates for these positions was mittee. The Committee, overwhelming. Over 100 together with the Placement students applied for 22 spots. Office has initiated a "One-onThe choices were difficult as One Program" which will allow While most would agree that former President Jimmy Carter's tenure in the White House was an uninspiring one, there was one aspect of his Presidency that demanded acknowledgement as a giant step forward in American foreign policy. That was his unswerving commitment to the protection of human rights, at home and abroad. During his four years in office, there was a marked increase in efforts aimed at the protection of human rights. A number of barbarous regimes were overthrown and replaced with more benign forms of governance. To the Editor of the total tax cuts are going to those now earning $50,000 Hundreds of watchdog organizations were formed to This is a reply to Robert or more (who comprise only monitor the repressive activities of authoritarian regimes. Pressure was brought to bear on these governments in the X lump's letter of last week 6% of all taxpayers) and that form of embassy demonstrations, adverse publicity, defending Reagan's tax and the average worker will budget cuts, in response to an "benefit" from the tax cuts tourism and product boycotts, and perhaps most imporby Marc Canz entitled next year to the tune of 3 or 4 tantly, the linking of U.S. military and economic aid to a article "President Called Reactiondollars a week. Indeed, this regime's record on human rights. With the loss of billions ary." very same worker will profit of dollars in military hardware and economic assistance Mr. Klump has a penchant even less by the tax cuts, as he grants at stake, many South American and African nations for the ironic. He castigates will be paying nearly $100 grudgingly muzzled their repression. Mr. Canz for what he perceives more in social security taxes in to be "not-so-chic leftist 1982. Now who is guilty of seen of this hardThe election of Ronald Reagan has all "half-truths, misinterpretations won progress stopped dead in the water. Reagan's choice sloganeering," and sarcasticalCanz to upgrade and misrepresentations?" ly exhorts Mr. of Ernest LeFevre for Assistant Secretary of State for his epithets to the level of As to the effects of Human Rights was correctly perceived by the interna- "running dog imperialist" and budget cuts on civil rights the entional community as an about-face on Carter's human "capitalist swine." Yet, Mr. forcement, Mr. Klump, by rights policies. Soon after his election to the Presidency, a Klump appears prone to the claiming that the courts and paroxysm of political killings swept through South same malady he believes Mr. prosecutors will be untouched America, as strong-men there saw little to fear in the way Canz to be afflicted with, for by the budget cuts, is not only of economic reprisal. Much of the fragile foundation of in his last sentence Mr. Klump incorrect, but also confuses political liberalism that had taken root during 1976-1980 typifies Mr. Ganz's critique as the litigation of civil rights "kneejerk." Not only does Mr. with the effective implementawas destroyed. Klump out-slogan his prey with tion of court orders and deciThe Reagan Administration has employed a double a well-worn conservative sions in civil rights cases. The standard with regard to human rights violators. It has catch-word, but also, by label- truth of the matter is that the distinguished between totalitarian and authoritarian ling Mr. Ganz's comments as budget cuts will have an enorgovernments. Vocally it condemns human rights viola"radical," Mr. Klump paints mous impact on both litigation tions by our foes while it uses so-called quiet diplomacy in with the all too-familiar broad and enforcement. Reagan has conservative brush 'that proposed a 6% budget cut in response to violations by friendly regimes. equates the liberal with the 1982 for the Justice DepartThe problem with quiet diplomacy in regard to human radical. ment's Civil Rights Division rights violations is that it is qu/et. You can't tell if anything As to the merits of Mr. and U.S. Attorney's Office, as is being done.Perhaps more important, though, will be the Klump's political points, they well as a 12% cut in the Comlong-term effect. Without a strong policy against human are easily countered. In reply munity Relations Service. The rights violations wherever they occur, popular movements to Mr. Canz's statement that budget'cuts also affect other in authoritarian nations will not seek U.S. support. Reagan has cut tax rates for his governmental agencies and offriends, Mr. Klump declares fices with civil rights responMoreover, Reagan's short-sighted human-eights policy is that there are "tens of millions sibilities, including the EEOC, resentment, to and bitleave a legacy of distrust, likely taxes are in fact reHUD's Office of Fair Housing terness amongst aligned and non-aligned nations alike. In whose duced under the Economic and Equal Opportunity, the Ofan era where international economic and political Recovery Act," and that "as fice of Revenue Sharing's Civil cooperation will assume ever-increasing importance, we every school child knows, the Rights Division and the Justice have a president still thinking in terms of a bi-polar, ustax cuts extend aross all in- Department's Office of Civil against-them world. The President should continue the come categories." What Mr. Rights Compliance within the human rights policies of the previous adminsitraiton. Klump omits is that one-third Law Enforcement Assistance second and third year students number of hours in several law offices observing the legal wheels turning. Applications may be obtained in the Placement Office. On October 13,14 and 15, a Phonathon was held to raise money for the Alumni fund. Many students were enlisted to help by the board and the response was better than every. They helped to raise approximately $15,000 and deserve a round of applause. On October 15, the New York State Court of Appeals handed down its decision requiring third year students to take the Ethics portion of the Bar exam. Dean Headrick has been looking among local practioners for someone to instruct third year students next to spend a Spring. On a more social note, the T.G.I.T. party on Thursday, October 22nd, organized by first year director Irene Hirata and third year director Sherwin Suss, was a huge success. We hope to try it again in the future. Now that the dust has settled, the S.B.A. is ready to plan for the rest of the year. Our minutes are posted on the S.B.A. board in the mailroom. Please check it regularly for upcoming events. Again, your input is encouraged and we look forward to a most productive year. Taxation Scheme Questioned Opinion November 5,1981 2 1} I ( ;: I«! ■- I i Administration. Our economic plight does not justify a backwards step in the enforcement of civil rights. I stand with Mr. Ganz and happily leave Mr. Klump to his fellow tax and budget cut supporters, the wealthy and the oil companies. Michael Israel OffUndeLGrads auded To the Editor: Concerning your editorial of 10-22-81: BRAVO! Throw the little bastards out! After having been in the 4th floor carrels and having tolerated two nineteen yearold females behind me snap their gum, and discuss that "he's gonna ask on the test", I feel the library must have a reserve system for the carrels. Leaving an I.D. at Circulation, and receiving a specific carrel seems the most logical system. Availability would still be on a "first come, first serve" basis, and we would be assured that law students (who pay significantly higher tuition) would get priority usage of • their library. Yours in hopes of passing contracts, - A First-year Student P.S. That goes for people who eat apples in the carrels. �Ganz Mounts Counterattack by Marc Ganz Part of my commentary today will be to respond to Mr. Robert Klump's critique of my assorted ravings concerning Reaganomics. Then we will get serious. Mr. Klump's basic idea was that I was full of kneejerk liberalism, using cliches instead of using facts. Well, now I have the facts. According to a recent letter written by Senator Dale Bumpers (D., Arkansas), the following seems clear: 1. AT&T alone stands to reap $14 billion from the tax-cut Graduate Returns are participating in the Education Clinic this semester. They primarily are handling cases in which there are questions on the need for more appropriate services for the children with handicapping conditions. "A couple of cases are impact cases," said Hager "The others revolve around issues affecting a single child." One class action suit is against the City of Buffalo. The law provides that the Committee on the Handicapped will make determinations of need and recommend programs for persons with handicapping conditions. Once a child suspected of having a handicapping condition is referred to the Committee, it has 30 days in which to make a program decision and another 30 days in which to implement it. There have been problems in the past with severe delays, resulting in an extensive backlog of placements. "The class of affected persons is very broad," he explained. "The class is certified for all handicapped or potentially handicapped children residing in the City of Buffalo. In addition, we have intervenor status in the desegregation case for the purpose of influencing how desegregation decisions will affect the needs of handicapped students." The Clinic is trying to work with the Buffalo education system rather than litigate the issue at the present time. "We've worked on a policy in Buffalo which we hope will address the delays in the initial process of making a program decision. Now we're going to investigate some of the placement problems." "Another case on which the clinic is working involves a suit against the State Education Depatment and the Office of Mental Retardation and Developmental Disabilities (OMRDD). The issues involved have broad implications, but right now we have only one plaintiff and, therefore, a class action would be difficult," said Hager. The student in question suffers from a serious disability and is residing at a facility of the OMRDD, getting what is little more than custodial care. "The State Education Department has a responsibili- ... —Continued from page 1 ty and an obligation to insure that federal laws are complied with and that students in New York recieve an appropriate education," Hager exclaimed. He also explained that "Buffalo is such a big system that without an effective advocate, lots of kids will slip through and will get no help of any kind." "This is especially true," Hager continued, "for racial minorities who are often denied a meaningful educational program and are also misclassified and stigmatized by the very educators who are supposed to be helping them. At a very young age these kids may be given a profile which says they'll never be able to read or write. Now how can . bill. On and on we may roam, yet no where will we find equity. Mr. Klump, it doesn't matter that every school child knows that the tax cuts extend across all income categories. What matters is that someone just raped the United States Treasury of funds needed for the defense missiles Reagan et al seem to yearn for. Many prominent economists already project a 1984 deficit of nearly amination reveals that the Reaganites kept their promise of cutting social programs, but forgot to cut the fat out of government. There are still enormous subsidies given for nuclear power production, and Reagan has recently endorsed giving $300 million towards the Three Mile Island nuclear cleanup. Additional funding for the Clinch River Breeder Reactor has been allocated, with Reagan's blessings. There were other proposed cuts that never made itinto the $150 billion. Where will the Reaganites get the money from? Will they borrow funds or will they increase taxes? budget. For example, many A look at the critical facts water projects were supposed reveals what everyone has said to be axed but instead will be bill; all along (except Ronald built because of the Reagan ' 2. The All Savers portion of Reagan and Robert Klump?): committment to resource the bill will cost $14 billion, You can't cut taxes by $500 development over cultural and not the $3 billion the adbillion oyer four years, in- educational achievement. ministration projected. crease defense spending by We may delve on and on in3. The provision allowing $600 billion over four years to the hypocricy known as corporations to sell their losses and' balance the federal Reaganomics. From what we may cost $27 billion, not $3 or budget by 1985. This my know now, one thing is clear: $4 billion, as the administrafriends, is impossible. Reagan has not changed much, tion estimated. Now for the serious part. but only continued to camNext, according to insurance The reaction to Reaganonmics paign for his rich friends at the tycoon Clement Stone, he will has not started yet. Reagan's expense of those without the receive a windfall of $100 1982 budget has just been resources to fight King Ronald. million- per year for the next enacted, and as of yet is not I await your reply Mr. four years under the tax cut fully implemented. An ex- Klump In't Law Society To Host Jessup Each participating law advocacy experience which school will be represented by DESMOND provides is essenSometime in March, the law one team, composed of two to tial to this end. school will be hosting the five students. The selected The new stipulations were regionals of the 1982 Phillip C. team must present written not implemented with the inby Cindy Kanterman Jessup International Moot memorials (international Court Competition. The comlegalese for "brief"), and oral petition, now in its twentyarguments for both sides of the year, is sponsored by the problem. To be eligible for this you make that prediction on third Association of Student Interna- year's team, competitors must kids before you've given them tional Law Societies (of which meet the Law School adthe benefit of a program our I.L.S. is a member), and the ministration's newly imposed designed to meet their needs?" American Society of Interna- prerequisites: they must have The Buffalo community can tional Law. In 1981, teams competed in DESMOND at only be enhanced by the work two hundred law some time (although accepfrom over of Professor Ron Hager and the schools in some 35 countries tance to the Moot Court Board students in the Education participated in this prestigious is not necessary) and they must Clinic. In many ways the event. Competing, in JESSUP be second or third year measure of a society is in the a law student with the students. The alleged justificaprovides care and nurturing it gives to to argue a tion for those prerequisites is unique opportunity its children. Often the state complex timely question the administration's interest in and neglects'children who have the of international law as if having our school represented misfortune of a handicap the International Court by the best team possible. 1t is particularly if they are poor before of Justice, while enjoying felt by the administration, and and/or minorities. It becomes process. the I.L.S. agrees, that the oral the responsibility of people in him/herself in the the community to secure those • • • children's rights, although -Continued from page 7 often at great difficulty. There is room for attorneys Committee, asked Dr. Sample in these battles. Clearly han- to comment on student indicapped children and their volvement in administrative parents need skilled advocates and programming decisionto protect what rights they making. "I think it is implicit in the have and to secure more care and benefits for their futures. position that I would work While their claims have merit closely with elected leaders of and their entitlements deserve established student organizaprotection, there appears to be tions. I think student involvea shortage of attorneys like ment with the planning process Ron Hager who will take the is a good thing." "Mγ style is to maintain time to develop the skills and courtesy A.N.C. knowledge necessary to effec- open communications, in- Kathryn Sample, the woman tively represent them. It seems cluding those with student behind the man (see page 1) that in the legal market place organizations. It will be a high there are all too few attorneys priority that the lines of com- him from U.N., he did mention willing to engage in less munication are easy and open Nebraska's greater emphasis on intercollegiate athletics lucrative work, no matter what at all times." "I taught at Nebraska each programs. other rewards it may offer. "Athletics were a positive We are left asking ourselves fall semester, except the first. a very disturbing question. In a Here, it would appeal to me a force at Nebraska, but adsociety which places price tags great deal, but my primary ministrative people at other universities have had other exon its products, why is there responsibility and commitperiences. I don't think (such more value ascribed to a ment is to the presidency." Although he flatly denied programs) are necessary. I brlawyer who handles a bankruptcy than to one who any plans to bring any other ing an open mind and good exhelps a child? administrators or faculty with periences." — PresidentSample — of discouraging noneligible students from being active in JESSUP. As the hosting institution, there will be endless delegable duties for interested non-competitors. In fact, it is strongly recommended that those first year students who wish to compete in JESSUP next year play an active role in the execution of this year's regionals, for it is only through participation that one can get a real idea of what the competition is all about and what responsibilities it entent tails. This year's problem, an international dispute involving human rights issues, has already been received by the I.L.S. All those who are eligible and interested in competing are urged to pick up a copy in the I.L.S. office or contact Cindy Kanterman, mailbox no. 702. Although the competition does not begin until next semester, the I.L.S. would like to see the team selected by mid-January. Therefore, it is suggested that those interested in competing submit outlines of their argument prior to However, the schedule, selection criteria and selection process are as of yet undecided. These will be made available as soon as they are finalized. It should be noted that the research and writing skills necessary for J-ESSUP are no different than those used for DESMOND. Therefore, experience in international legal research is not required. O'Brian library has an extensive international collection making research outside the school virtually unnecessary. January. November 5,1981 Opinion 3 �Voting Rights Act In Danger of Repeal by Marc Ganz The Voting Rights Act of 1965 is up for renewal in 1982 and faces an uncertain future at the hands of Senator Strom Thurmond (R., South Carolina), chairman of the Senate Judiciary Committee, which has jurisdiction over the act. The Voting Rights Act does several things. Permanent provisions of the act ban the use of literacy tests and poll taxes. In addition, key provisions were included in the act to insure civil rights for minorities in those states with a history of voting discrimination. These plans, and protections for Critics assail this approach as language minority voters. "loving the act to death". AcThese provisions will expire in cording to Common Cause, August of 1982 unless Conwhich is an ardent supporter of gress acts to extend the Voting the Voting Rights Act, "it would be impossible for the Rights Act. The House of Represen- Justice Department to monitor tatives has already overwhelm- voting changes in all 50 states ingly approved a ten year ex- with existing staff. The key tension of the Voting Rights special provisions were designAct, which includes all of the ed specifically for those areas above provisions. The bill was of the country with a proven voter of sponsored by House Judiciary history Committee Chairman Peter discrimination." Rodino(D., N.J.). According to Common The story in the Senate is en- Cause, the provisions are still tirely different though. Senator necessary because discriminaStrom Thurmond has declared tion still occurs. They cite his opposition to the prior ap- Senator Thurmond's district as provisions include prior proval sections of the act and an example of an area that has federal approval of any pro- has stated that the provision gone from a district voting posed changes in election should be either applied to all legislature to an at-large voting laws, such as reapportionment fifty states or to no states. legislature, with the intent of keeping minorities out of government. They also cite a 1978 Mississippi incident where Charles Evers was runn- extension include the AFL-CIO, the National Urban League, the NAACP, the League of Women Voters, the Lawyer's for State Senator from Jackson, Mississippi, and on the day before the election the voting places in predominantly black districts were moved, in violation of state and federal Committee for Civil Rights Under Law, the American Bar Association, the American Association of University Women and the World Council of Churches. The main opponents include southern state and local government officials and key Senators, including Thurmond and Jesse Helms (R., N.C.). A Common Cause official summed up the groups position by saying, "Selma may seem tike a long time ago but the voting rights law remains critical. It was meant to self destruct when compliance is widespread and blacks are secure in their franchise. That work is not yet done." ing laws. Key groups supporting the Commencement To Be At The Statler by holder, redeemable at several $1.50; manhattans, martinis, local bars, restaurants, and gimlets, gibsons, rob roys $1.25 theaters. Like last year, the ID Holders of the ID can purcard provides for reduced ad- chase theater tickets from the Sherwin Suss This year's commencement ceremony will take place in the Golden Ballroom of the Statler Hotel, on Sunday, May 23, at 1:00 p.m. Previous graduations have attracted about 1300-1400 people including faculty and alumni. The 1500 seat capacity of the Statler Ballroom will more than suffice, and the style and atmosphere of the Statler is far superior to Kleinhans. There will be a reception immediately following graduation. Other commencement activities in the planning stages are a 100 days party, a formal dinner dance and a cocktail party on the Saturday night before graduation. There will also be an exclusive senior activity to be named later. This activity will be financed through commencement com- Commencement Committee for $2.25 each. These tickets are good for all performances at: Boulevard, University, Thruway and Eastern Hills Bullfeather's Lounge 3480 Millersport Hwy. Cinemas. $2.50 pitcher Cenny Cream; The price of the ID is $10.00 drink till midnight; $1.00 off and they are available to all double wings. Law Students. If any one has ideas, suggestions, or quesPierce Arrow Restaurant tions, please see Sherwin Suss 1680 Elmwood Aye. $2.25 pitchers all the time; or Jay Flatow. 75-cent mixed drinks 8-11 p.m. P.J. Bottoms 3270 Main St. $2.50 pitcher Strohs; $1.00 by Mark Delia Posta and Rick Roberts drinks till midnight; $1.00 at mittee fund raising projects. doule wings. A symposium on Tax IncenThe principle fund-raising Scotch AJ' Sirloin 1. What jury would give an tives for Economic Revitaliza- accused sailor a fair trial? project will be the selling of ID 3999 Maple Rd. cards similar to those sold last Sun., Mon. (after Jan 1), Tues., tions: New Directions in the 2. What do people with 1980s will be held in O'Brian year. However, this year's Wed 9-2 asthma have? cards have additional value by All beers 75 cepts; wine, Hall on November 13, 1981. 3. What do you call the A number of speakers will good manners of the inmates providing discounts to the highballs $1.00; fancy drinks deliver talks, including Ned in Hartford State Prison? Regan, Henry Nowak, and 4. What do male midgets Robert L. Beebe. have? 5. What did Andy Griffith The symposium will comto his aunt? say at 9;45 mence a.m. and end at 6. Under what legal theory 4:00 p.m. All are invited to atwould an old pay check be adtend. mitted into evidence at a trial? 7. What makes a landlord's job so hard? 8. What is the name of a mission to commencement activities. The participating establishments and their discounts are: Punsters Securities Talks Held US. Law RES IPSA LOQUITUR - The Pieper h[ew York State Multistat* Bar Review offers an integrated approach to the Hew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will be prepared and confident. REFER NEW YORK-MULTTSTATE BAR REVIEW It Speaks For Itself. SCHOOL REP; John schaus 1517 Franklin Avenue Mineola, New York, 11501 (516)747-4311 Limited Enrollment. Early Registration Discount to Nov. 30, 1981 4 Opinion November 5,1981 Career Day For AWLS The Association of Women Law Students, with the Women Lawyers of Western New York, will present a panel discussion on "Women Attorneys: Career Product Japanese doll? 9. What do most people think of Katz? 10. Where do the judges do all the talking? 11. What did the athletic landlord say to his lessees? 12. What rock group is number one on the property top 40? 13. Why don't they hayed urinals in ladies' rooms? 14. Where does Alan study? 15. What are Reggie Jackson and Joe Ferguson statistics? Choices," Thursday, November 19 at 5:30 p.m. in the Faculty Lounge, 545 O'Brian Hall. Four women attorneys from different areas of law will speak about their work. Panelists are the Honorable Rose D. Lamendola, Erie CounAnswers: ty Judge; Dianne Bennett, a tax 1. A jury of his piers; 2. Overattorney with Hodgson, Russ, 3. Con Etiquette; 4. breadth; Andrews, Woods & Goodyear; Subpeonas; 5. U-B; 6: The Karen Leeds, an attorney with Payroll Evidence rule; 7. The Borins, Halpern, Setel, Snitzer, right reentry; 8. Bar/Bri; 9. of Levy, Yellen & Fradin PC, and They're fun to cuddle, but a Cheryl S. Fisher of the United pain to clean up after; 10. Mute States Attonery's Office. Court,ll. Tenants, anyone?; 12. A question-and-answer ses- The Four Seizins; 13. Urinals sion will follow the panelists , are only for the Mann Method; presentations and refresh14. Alan's Carrel; 15. What ments will be served. Steve Cetzoff on. 5 �The Trials And Tribulations Of A Transfer Student by the Unknown Student taught us anything, it is how to school didn't know quite cope with the many little in- where to put us. They told us We're the ones from the conveniences that our legal that we'd have to find off camother section or so they think. education system can conjure pus apartments on our own. (But they're mistaken.) We up. Oh, the joys of registering They gave us lockers in the huddle in groups in the back of for the LSDAS for a second basement with the freshmen their second year classes, try- time, collecting transcripts and and told us that we had to ing not to look as out of place letters of recommendation share our mailboxes. And these as we feel. We are the from schools that have already were the nice things they did " transfers. forgotten your name, and for us. "What made you decide to waiting and waiting to hear if Registration was a real come to Buffalo?" everyone you have been accepted. For theat. We quickly learned that asks. Sometimes we ask that each step you take, you must we were closed out of question ourselves. But we multiply it by a factor of ten to everything we wanted to take. know why we came: to renew compute the possibility that What was left were classes olcf friendships, to live closer the system will mess up. that nobody else wanted. But to home, to escape the costs of Early in August, we were in- 'Admissions and Records private education under the formed that we could transfer reassured us by handing us Reagan cuts, and because our to U.B. once they received our force registration slips and telllife wouldn't be complete one hundred dollar check. We ing us that if we could just , without the Buffalo Bills and chicken wings. We had to really want to come here to leave all our good buddies from first year like madmen to had catch a teacher between drop all our classes at the classes we could take what we our bagother school, pack wanted. gage and hustle off to Buffalo -Boy, were we fooled! We in time for our first class. We behind to start all over again. had all been told that only the soon learned that certain Even now we get calls from very best students could teachers are never in their offirst year friends saying, "Why transfer. Well, I don't know if fices and others leave did you leave us? The old dive we were the best but we cer- threatening notices like, ins't the same without you. tainly were the most determin- "Upon fear of death, do not try to late register into my class." Remember Professor Jones? ed. Well, he's gay now ..." When we arrived in late For those of us who were lucky Yet if our experience has August, we found out this enough to get a teacher to sign to run a force registration slip, we left its scars but didn't leave us were then informed that we ex- with any marks. None ofthe seceeded the room's seating cond year transfers as yet have capacity. By now, we were into a Q or Q+ to speak of. It's our second week with no hard to interview for summer classes. Return to CO —do not jobs when you don't have any collect $200. marks from the school you are But we thought once we had attending to show to classes that our troubles would employers. That puts us on the be over. That's when we spot to answer the question of discovered that our student why we transferred and to loans had become forever lost make it sound convincing. at the Main Street Financial We know though with time Aid Office. Since we had only we will get our marks. Maybe been accepted in the middle ol we'll even learn to think August, it's reasonable that our policy —one subject our loans would have to be refiled were dreadfulfor the new school and would former schools ly remiss in teaching. They take a few weeks to be pro- were too busy teching us what cessed. We figured we could in rem jurisdiction quasi sponge off Mom and Dad or subject which will our husbands or wives for a was—one draw many blank stares from however, of us, while. Most many U.B. law students. But still do not have our loan sooner or later, we'll all our money and loved ones' become indoctrinated by the generosity is wearing thin. We Buffalo Model. though that the arrival of our As each day our feelings of loan checks would be like Christmas coming early. Now belonging grows, we realize we realize we'll be lucky if we that we are glad to be here. Heck, what more can they do see the money by Christmas. Yet all this nonsense they to us now than they have done have put us through may have already? Or shouldn't I ask. Speakers Gather at U.B. Human Rights Colloquium A Resounding Success The Colloquium on Human Rights Policy and Law, held this past Friday and Saturday, was a resounding success. Speakers from as far away as Sri Lanka convened at O'Brian Hall to speak on various human rights topics. The key-note address was delivered by Dean Thomas Buergenthal of the American University Law School. Buergenthal, who was formerly Dean of Buffalo Law School, spoke at length on the need for a continuing strong U.S. effort for human rights. He outlined some of the more noted failures and accomplishments of American human rights policy. Following his opening address, Buergenthal responded to questions from the large audience. Much of Friday was given over to various panel discussions and workshops. If there was any common thread linking these separate discussions together, it was the recognition accorded former President Jimmy Carter for his strong stand on human rights. At 1:00 p.m. the speakers and Colloquium aides broke for a very pleasant luncheon at the Marriott Hotel. Some of the topics addressed Friday afternoon were U.S. law and human rights, using international law as domestic law, human rights law as applied to Haitian and Cuban refugees, and the strategy of linking U.S. military and economic aid to a nation's human rights observances. For many, the highpoint of the day came when Patricia Derian delivered Friday's closing speech. Using more than a trace of sarcasm, Ms. Derian proceeded to lambast the Pat Derian, Virginia Leary Steve Schreebaum, David Filvaroff, Michael Posner Reagan Administration's foreigTi policy and its twofaced committment to human rights. The Colloquium continued on Saturday with panels considering various world perspectives on human rights. Canadian, American, European and Third World experiences were all discussed. In addition, Professor Howard Berman of U.B. If you're not certain what the difference is between an Law spoke regarding indigenous peoples and internaordinary "bar" and a great one, its time you came to P.J. tional human rights. Bottoms. The Colloquium proved to be a thought-provoking exP.J.s (as we are so affectionately known) offers YOU perience for all those attending. It served to put the enriching edibles, splendiferous spirits, frivolous frolics Reagan administration on and bewildering atmosphere galore. notice that a sane human not should be rights policy and more U.B. Law students are saying, No wonder ananomolous event in the worth passing (up)." "P.J.'s is one scheme of U.S. political affairs. I couldn't pass the bar • • • more J. BOTTOMS P. FOOD BOOZE BOOGIE - SS7O main street photos by R.W. Peters — Colloquium Hurst Hannum, David Wesibrodt, Amy Young-Anawaty, Halpern Steven I MANY SANDWICH 4 m —.-. — - buffalo n.y. 14*14 8»J »170 MDOUBLE WINGS fc — November 5,1981 ' Opinion 5 - �Millonzi To Receive Jaeckle Award At Conference "Driving While Intoxicated I The Law is Changing" is the title of the U.B. Law School Alumni Association's Sixth An- — nual Convocation to be held this Saturday, November 7 at the school. The program will begin at 9:30 a.m. with a brief welcome by Dean Headrick, followed by the Keynote Speaker Leslie G. Foschio, recently-appointed Commissioner of Motor Vehicles for New York State. The luncheon program will be highlighted by a talk from Senator Claiborne Pell of Rhode Island and the presentation of the Edwin F. Jaeckle Distinguished Alumnus Award to Robert I. Millonzi ('35) of the highest award the Law School to its alumni, has served as a Commissioner of the Securities and Exchange Commission in Washington, DC, as Chairman of the Covernor's Commission on Judicial Selection for the Fourth Department, as a Trustee of the New York State Power Authority and as Chairman of the Council of Trustees for the State University of New York at Buffalo. He is currently Chairman of the Character and Fitness Committee for the Eighth Judicial District. His career in public service has earned him numerous citations, include receive given by Courier-Express Magazine's Diebold and Millonzi, Buffalo. Focus Man of the Year, the Mr. Millonzi, who will Buffalo Evening News' Award for Outstanding Public Service, the SUNY College at Buffalo's President's Distinguished Service Award and the University of Buffalo's Samuel P. Capen Alumni Award. The Buffalo Philharmonic Orchestra Society has recently renamed the building which contains its offices the "MillonziPhilharmonic House" in his honor. Luncheon speaker, Sen. Pell, has served in the Senate for twenty years and holds influential posts on a number of im- people yearly." techniques, Arrest breathalyzer and blood test portant committees. He has procedures, effective methods recently proposed the first of prosecution, defense federal legislation directed as strategies (from client interthe drinking driver after two of view through trial) and plea his close aides, Elizabeth bargaining will be discussed. Powell and Stephen Wexler, The recently enacted Smith Act, which made many were killed in separate ac- BAR/BRI otters the maximum mm**.**.m* scheduling flexibility of any New York I W %JMMmW ™ _ H||ApA Bβ mA _ course. In Midtown Manhattan, only BAR/BRI has consistently ottered two live sessions (morning and evening) during ,he summer course. Afternoon videotape replays are available. In our larger locations outside Manhattan, we offer videotape instead of audiotape. _■■ \mmi Mill 1%^% MM £A I Locations already guaranteed videotape for Summer 1982 include: Albany, Boston/Cambridge area, Buffalo, Hempstead. Ithaca, NYU/Cardozo area. Queens County. Syracuse, Washington Wim%O%J%J mm)%MU PI ■ ■Mβ ■ ■■ 0 ■■■Aμ ■■■in _ ** wVbVIbT ■■ ■U' DC, and Westchester B BlkßbMb Llffllll |H Atffctffcl* lAD /EIDI ifllllff nfln/Knl A IUIHI ■/ KMM ■■■ ■■ m UHI m ■■ ■' [_ _ - - Far more than all other bar! review courses combined. I • m- ■ I PHI IIPnQ U|U uU Uullll " I • " BAR/BRI has had a consistently high pass percentage. At most mapr law schools last year, students taking BAR/BRI passed the New York Bar Exam on the firsf try with a percentage in the 90s and high 80s. • BAR/BRI otters written summaries of all the law tested on the New York Bar Exam-both local law and Multistate law. Students learn the substantive law before going to class. Class time is spent focusing on New York Bar Examination on hypothetical and on the problem! l «uhetantiup arpa« • on mp mna likeiu tn ho toctoH am BAR/BRI has an unparalleled testing program-tor both the Multistate and New York local portions. The testing will include hundreds of Multistate and New York local multiple-choice questions, and local New York essays. Included are questions to be done at home and questions done in class under simulated bar exam conditions. Selected Multistate questions will be computer-graded, and selected essays will be individually graded and critiqued by New York attorneys. ' * • . - BAR/BRI otters a special CPLR taught by Prof. Inring Younger. This program is in addition to the regular CPLR lectures contained in the winter and #Pri^^,en-^^^r R, answers to substantive questions. Students who are unable to askquestions directly of our lecturers may send their Editorial Director, BAR/BRI BarReview A written response will be returned. There is no additional charge for thisprogram. questions in writing to " BAR/BRI professors are more than just experts on substantive law. They have accurately forecast many of the questions appearing on past New York and Multistats bar examinations. The faculty is composed of prominent lecturers on New York law, Multistate law and the New York Bar Examination The 1982 ,acul,y wlll include . , qtaff /RB .„ . !,° atowt tfudents York Bar and another ,k , rnnul<!Pr R B/RRI g*!£ ™J rd ™rbuSl N New Law w YYork ™ °:k Liw "£™ r0 Stanley Johanson, fU o Texas Law ' RAR R, p a ~_ . tom^NPw V Multistate Bat BAR/BRI offers a free transfer policy. ent signs up for New York, does Wlfnota stuQ mark his or her books and elects to 'ake another state bar instead, all monies Wi be ,rans,erred ,0 ,he ***'&« course in that state. " Prof Gary Kelder: Syracuse Law BAR/BRI offers the widest selection Hon Rex Lee Solicit r General of the U.S. Degn Joseph McLaugh in Fordham Law §M course sites and allows students to | freely «wHch locations. Anticipated Prof John Moye, BAR/BRI Staff course locations for 1982 include: Prof. John Nowak, Uof Illinois Law Prof. Alan Resnick, Hofstra Law Prof. Faust Rossi, Cornell Law •*, Ann Art™ Prof. Robert Scott, U. of Virginia Law h > Michael Spak, BAR/BRI Staff Prof. New Haw* Prof William Watkins, Albany Law Buffalo Newark Prof Charles Whitebread, BAR/BRI Staff Philadelphia Chariottesvilie ° °' aZ,Z BriSklyn Prof Irving Younger, Practicing Lawyer Director: Stanley D. Chess, Esq. Associate Director: Steven R. Rubin. Esq. Editorial Director: Prof. Richard T. Farrell New York's Number One Bar Review. Chicago Durham hSSSSj Ithaca kST Queens County Rochester w" DC vSngton Manhattan Westchester County (Mkitown)L/ve location . ©1961 Opinion November 5,1981 6 dramatic changes in the law, will be reviewed, and regulations and enforcement procedures and policies of the Department of Motor Vehicles will also be examined closely. In addition, proposals of Governor Carey's Alcohol and Highway Safety Task Force will be presented. These proposals, which may be recommended for legislation, include the administrative, suspension of licenses before trial in the courts, based on breath test results, and traffic road tests where cars will be stopped systematically and breath tests performed on the drivers. One unique aspect of the Convocation program is that civil consequences will receive a great deal of attention. Consideration will be given to the liability of tavern keepers and other dispensers and suppliers of alcohol, to recent cases which have broadened no-fault coverage and the effect of various dispositions on insurability and insurance rates. The event will be open to the general public at a cost of $20.00 including lunch, but pre-registration is required. Registration forms can be obtained by calling 636-2056. The Dangers Of Environmentalism summer courses. lICOb UdU. p f q h County BAR/BRI provides updates and A class hypotheticals. These handouts save valuable study time and minimize the note taking necessary in a BAR/BRI lecture ■■fW fcJVUIII ■ WWW lIfI II Mill UMJ ■ ■Oil cidents within eighteen months of each other, both "due to the actions of drunken drivers." Chairman Stephen Kellogg has announced that "an impressive array of panelists has been assembled to give attorneys practical information on effective representation of clients in both civil and criminal matters, and to explore possible solutions to a problem which kills 26,000 BAROM in f—i ii by Mark Frankel Those who want to recycle their newspapers can deposit them in the blue garbage bin located between Diefendorf Hall and Diefendorf Annex on the Main Street campus. Be forewarned, however, that risks are involved. On or about Saturday, Oc- tober 24, at 10:30 a.m., two law students were observed approaching said Diefendorf "A" quonset hut when they encountered two roads, each bearing the warning, "DO NOT ENTER." Foresaking their leftist tendencies, they proceeded to the right. Upon stopping at the garbage bin, the entire area was flooded with flashing red, white, and blue lights a clear indication that the police had arrived at the scene. While one of our heroes (fearing the consequences of returning to their student abode with a Chevette full of — newspapers), hastily commenc- ed dumping the* papers, the other kept the campus security officer occupied with various forms of identification and registrations. After answering inane TV cop-type questions ('You know why I pulled you over, don't you?"), our fellow student tried to impress upon the dutiful constable the moral imperative of recycling and other important public policy considerations. ■ Fortunately our brethren were released when they promised never to engage in such unlawful activity again, but they vowed inwardly that they would repeat this exercise in civil disobedience the very next time they were threatened with eviction on account of excess verbiage accumulating on the back porch. . �UUflB Coffeehouse & CPA presents Today is the Day to Experience Comedy Night at the Rat with You Should Produced by Philip Glass, |HIHH Avante-Garde Composer Improv Comedy Ipm TODAY Haas Lounge, Squire Hall Saturday, November 7, 8 pm Squire Hall Rathskeller Tickets: $2.50 students $3.50 general public BEER & WINE AVAILABLE , UUflB Concerts Presents Rock with the Rats starring The Good Rats Ileal m m ML, (ICJOB Coffeehouse Presents An Evening of Folk Music with mm rust -me *i A Friday, November 13, Bpm Fillmore Room, Squire Hall ? A free show brought to you by CICJfIB Concerts. Tickets: $4.00 students $5.00 general public Tickets available at Squire Hall Ticket Office Saturday, November 14, 8 pm Squire Hall Rathskeller Tickets: $2.50 students $3.50 general public REFRESHMENTS AVAILABLE November 5,1981 Opinion 7 �Extra! Yankees Choke, Lose Series In Six Games Guidry was almost flawless through 7. Davis almost put the Dodgers back in the game and the Goose had to finally bail him out, with help from Nettles. by Steve Getzoff It's finally over. The longest, yet shortest baseball season in history came to an end admidst a deathly silent gathering in the Bronx, watching their Yankees bow meekly to the Dodgers in six games. The season saw a strike, several fights between players and spectators, an umpire suing a manager, and finally a brawl between George Steinbrenner, the beloved Yankee despot and two unfriendly Dodger fans in an elevator. George may very well have felt provoked by derogatory comments about his team and city, but his conduct is hardly befitting a man in his position. It's just one more step down the ladder in the decline of our American pasttime. While may not George's conduct have been par- donable, his frustration was vide any worthwhile commentary during the series, consistently overlooking the critical aspects of the games, while continuously making references to prehistoric contests. The man does not know the first thing about the game of baseball, and listening to him and the rest of the ABC Games 2. John and Hooton were superb, and. Milbourne's two out double in the fifth was the difference. Again the Goose shut the door in the late crew (with the possible excepinnings. tion of Jim Palmer) could only Game 3. Everything but the make one long for the wit and hot dogs were flying out of the insight of Messrs. Kubek and park in the early innings, but it Garagiola. If Major League was a couple of incredible baseball has any pity left for its bounces off the trampoline- fans, it will never again allow like clay around the plate that ABC to carry post season provided L.A. with the tying baseball. If not, the players and winning runs. Valenzuela's should consider striking once more. At least this time they endurance was amazing. Game 4. Yanks blew 4-0 and could accomplish something 6-3 leads,, eventually losing for the sport. courtesy of slapstick-like fielding in the outfield. As * * * usual, once the Yanks fell behind they died. The NBA season seems to Game 5. Reuss was well have been delayed eternally, rested after only going 3 inn- perhaps thinking that pushing ings in Game 1. Yanks tried to the playoffs into June will give sit on a 1-0 lead which Guidry fans something to watch in the couldn't hold past the 6th, event of another baseball allowing carbon-copy homers strike. The one newsworthy octo Yeager and Guerrero. Game 6. Reggie choked curence in preseason involved three times with two out and a a trade whereby the Knicks runner on second. Guerrero sent Ray Williams to the Nets had the big hit, and the Yanks for Maurice Lucas who could could not recover. be the power forward they've Admittedly the two best been looking for since the teams in baseball were pro- 'retirement of Dave Deßushere. bably not in the World Series. Williams' starting spot in the Baltimore, St. Louis, and Cin- Knick backcourt will be filled cinnatti deserved to be in the by Mike Mewlin, another exSeries more than anyone else, Net, aided by ex-Brave Randy but the best teams for the Smith. Williams will join Otis Birdsong in the new backcourt, sport were in it. For baseball, 1982 must be a which gives the Nets a powerperfect year, to recover from ful starting five, whomever this discouraging one. For the starts up front. Yankees, Steinbrenner is certain to make numerous * * * certainly justified. He saw his team consistently giving away early leads and then falling behind, showing about as much backbone as a limp noodle. Credit should not be denied the Dodgers however. Throughout the series they the one changes, after going through displayed characteristic that prior the obviously aggravating Yankee teams had been noted ordeal of watching his team's for, but that this team lacked performance in the last four character. They refused to games. quit, played intelligent, headsup baseball and made every * * * break count, while the Yankees George should take comfort, continued their pursuit of the record for men left on base. however, in the fact that he did Here is a brief summary of not have to subject himself to the series: the inane commentary of Game 1. Watson won the Howard Cosell for six games. game in the first inning, while Mr. Cosell was unable to pro- — The major surprise in the young NHL season is the Winnipeg Jets, with more wins thus far than they had in forty games last year. Hawerstrom joins Mike Lukowich and Olympic star Dave Christian to give the Jets their first real firepower in three years. The Sabres are still juggling lines to compensate for a rash of injuries, yet are managing to beat most of the lesser teams Alumni Contributions Make Phonathon A Major Success On October 13, 14 and 15, financial the Law School conducted its School. annual Phonathon campaign for alumni contributions, securing pledges totalling $14,746. — A record number of students thirty-four — participated as volunteer callers, joining twenty-four alumni. Dean Headrick and Associate Dean Alan Carrel for this year's cam- paign. the cant funding for faculty recruitment and for the PlaceThe private contributions ment Office's programs. Some generated by the Phonathon private money is used to rent provide flexible dollars which equipment or hire part-time help to meet many immediate support staff when the need and unexpected needs at the arises and State funds are School and to assist programs unavailable. that do not receive adequate The personal contact which State support. For example, is made possible by the private money is used to fund Phonathon campaign is often some student assistantsihps very meaningful to those alumand most scholarships and ni who may have lost contact awards. It also provides part of with the Law School over the the budget for the Library, the years. The growing success of Trial Technique Program, the Phonathon over the past other clinical programs, Moot five years has provided a base Court, the Buffalo Legislation of alumni support upon which Project and the Buffalo Law an expanded development proReview. In addition, alumni gram for large gifts is currently support for Phonathon '81 was sponsored in cooperation with the U/B Foundation and coordinated by Associate Dean Carrel and second-year student Linda Nenni. The campaign was designed to generate good will among alumni as well as contributions provide signifi- being planned. in the league. They will have to recover quickly if they have any hope of catching the Canadiens, though, who have demolished Vancouver, Buffalo and several others and recently handed the Flyers their first loss, 11-2. The Patrick Division is now led by the Islanders, who have just expressed their gratitude to Mike Bossy by making him the highest paid player in the league for the next five years. Herb Brooks hasn't been fired by the Rangers yet so hold on to your resumes. Recently the Rangers have begun to show flashes of the persistent forechecking that got them into the semifinals last year. In fact, in one game in Toronto they kept the puck alive in.the Leafs' end for over three consecutive minutes at one stretch, a surefire way to win hockey games. Toronto of course is still caught up in its endless struggle to achieve mediocrity, a goal that may be beyond their reach. * * * The Northeast is enjoying its finest year in College Football, with Perm State and Pittsburgh ranked No. 1 and No. 2 respectively in both polls. Attribute this development largely to the fact that Oklahoma, Michigan, Ohio State, Nebraska, USC and Georgia have all been upset recently, while Notre Dame is having its worst season in modern history. Should things stay as they are, lowa would meet Washington State in the Rose Bowl, with lowa State a leading candidate for an Orange Bowl bid. , * * Bay are all one game behind the Giants in their chase for the final playoff spot. Chicago, Washington and New Orleans all managed to make last place seem a little more bearable with upsets over heavily favored AFC opponents last week, while Creen Bay, with its multi-million dollar corps of receivers has looked about as impressive as a pre-law student trying to explain the Rule Against Perpetuities. Miami is still clinging to a half-game lead over Buffalo, only winning once in the last four weeks. The Bills are playing very well at home, but will need a cushion going into the final three weekends which they will spend in Miami, San Diego and New England. The Jets wasted a golden opportunity to climb back into the race, last week actually making Seattle look like a football team. Seattle could put together a streak since they play the Packers this week. It's a shame someone has to win that game. In fifth place (only because that's all the places there are) are the Colts with the worst record in the league. K.C. leads the West, apparently headed for its first winning season since 1971, while the surprising Bengals share the lead in the Central with the stubborn Pittsburgh Steelers. San Diego and Denver are tied with the Bills for the two wild card spots, "with Houston and Cleveland a game behind. As far as the ftaiders are concerned, Oakland is more and more willing to send them off to Los Angeles each week. * * * * With the pro football season Finally, the malpractice suit half over, only the Eagles have fewer than two losses, staying for this week is brought against a game ahead of the Cowboys, Bob Lemon for installing Bobwho have looked unimpressive by Brown in the outfield inin the last five outings. Still, game four in the late innings Landry's genius has managed when Jerry Mumphrey, an exto earn them victories in three cellent fielder, was available. of them. The Giants chalked Brown has enough trouble up their third straight and first covering his own back yard, let OT win since the concept was alone center field. Of course adopted for regular season Lemon may wish to interplead games. Steinbrenner claiming that it The other NFC division was George's decision not to leaders are Minnesota, whose use Mumphrey. Considering success is no surprise to Tomthe degree of authority given my Kramer fans, and San Franto Bob Lemon, one would cisco under the leadership of think Mr. Steinbrenner would Joe Montana in his first full have to bear an exremely season as a starter. The Rams, heavy burden of proof if he Atlanta, Detroit and Tampa chose to deny liability. something to say? Sure you do. if you can't let everyone know by A professionally typeset word of mouth, we at and printed resume can University Press can help. Getting the be a real asset to a job message across is hunter In any field. business. If your PGot OAnd S Tourgroup or organization an Eis sponsoring event and needs a poster for promotion we're the people to talk to. Rthen UNIVERSITY S PRESS 361 Squire Hall 831-2588 RESUMES We're experts) UNIVERSITY PRESS 361 Squire Hall Monday Friday 10 a.m. to 5 p.m. - 831-2588 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-11-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/5/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/808fb36824f8cf30a52734ac6c177d83.pdf 3008bbabcf1e756f99848e351cb53f89 PDF Text Text Zuffranieri and Hains Win Moot Court Competition by Glenn Pincus the appeal before panels of judges drawn from the local The annual Charles S. Des- bar. This year 58 teams (116 mond Moot Court Competition students) competed and more reached its climax Saturday than 200 lawyers, many of afternoon, November 14, when them alumni and alumnae, the team of Benjamin Zuf- took their turns on the bench. franieri and John Hams, Each student team argued the appellees, for three consecutive nights. The top four teams, chosen on the basis of their brief scores and their scores from the preliminary oral rounds, then competed in two semi-final Chief Judge of the New York rounds. The two semi-finalist Court of Appeals, presided teams which did not reach the over a finals court which also finals were Karen Leo and Molincluded Judge Mathew J. ly Roach, and Scott Miller and Jasen of the Court of Appeals; Timqthy Snell. Judge Michael F. Dillion of the This year's case presented a Appellate Division, Fourth child custody battle between a Department; Judge Dolores "natural" father and a "surDenman of the Appellate Divi- rogate mother," i.e., a woman sion, Fourth Department; and who, according to the record Dean Thomas E. Headrick. had contracted to be artificialThe competition, sponsored ly inseminated with the by the Moot Court Board, con- father's semen, to bear the sists of preparing an appellate child, and then to give up the brief in response to a "record" child for adoption by the of decisions of two lower father and his wife in return for courts, and then orally arguing $10,000. representing defeated Anne DiFonzo and Linda Nenni representing the appellants in the final round of oral arguments. Judge Desmond, former After the child's birth, however, the mother changed her mind, secretly left the hospital, and ran off to live with her homosexual lover. Three months later the father found the baby and abducted it. The main legal issues dealt with the validity of the contract and the proper criteria for week's Desmond competition. For the first time the Board will be lacking a central core of veterans with experience in creating the problem and coordinating the hundreds of Board members who took a major role in the successful competition include the pro- blem committee of Elizabeth Friedman, Lou Cigliotti, Alan determining custody. The cometition is the means by which the Moot Court Board chooses its new members. This year about thirty new members will be selected. Up until two years both first and second year ago students were eligible to compete, but after heated debate amid charges of "paternalism" and "immaturity," the faculty on a close vote decided to prohibit the Board from allowing first-year sutdents to compete. As a result, next fall the Moot Court Board will consist entirely of the third-year students who are selected for the Board as a result of last i.-R.: Runners-up Ditonzo and Nenni; Winners Hams and Zufiranieri judges, clerks and competitors. Ferster, Tom Foannou and The final competition round Mark Su/umoto, which drafted was followed by a cocktail.par- the record during the summer; ty for the judges and comCathy Lojewski who coorpetitors, and the annual dinated the Herculean task of awards dinner, this year held at obtaining and scheduling the Romanello's Prime Rib judges; and Lynne Monaco and restaurant. In addition to the Andrea Roth, the Board's winning team, the award for Director and Assistant Direcbest brief went to Scott Miller tor, who oversaw the entire and Timothy Snell, and the operation. Prof. Ken Joyce is best oralist award was won by the Board's faculty advisor Opinion Non-Profil Organization U.S. Postage PAID Buitalo, New York Permit No. 708 Benjamin Zuffranieri. Opinion |ohn Lord O Hrian Hall SUNY/B, North Campus Buffalo, New York 142M) "The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L Mencken Volume 22, Number 5 State University of New York at Buffalo School of Law November 19,1981 Public Employee Unions Vocal on Right to Strike question should not be 'Do public employees have the right to strike?' but whether the by Amy Ruth Tobol and Barbara Kavanaugh Representatives from four public employee unions, including PATCO, participated in a program sponsored by the Buffalo Chapter of the National Lawyers' Guild last Thursday on the Main St. Campus. The four panelists spoke about "Public Employees and the Right to Strike." David Polino, vice president of the Buffalo local of PATCO claimed that the right to strike, to withhold services, is a basic human right. "I would like to submitJhat we already have the right to strike. It is simply against the law to exercise that right. The - government should be able to keep a basic right from a large sector of the population simlpy because of who their employer is?" "What we are seeing in the public sector now," said Polino, "is a repetition of American labor history." Polino also explained that the issue in the PATCO strike was never one of money, as "the newspapers would have you believe." Although a substantial wage increase was included in the 99 proposals PATCO made to the government, most of them had more to do with the conditions which air traffic controllers Robert P. Castle/The David Polino, V.P., Buffalo Local, PATCO Spectrum work under. "We wanted stress intervention, and the government answered that our job was no more stressful than a bus driver's." Only one out of ten air traffic controllers ever makes it to retirement, and, as many ofthe larger airports will not hire anyone over 31, David Polino, at 36, is on the down-hill side of his professional life. Other demands included increased vacation time and sick-leave (these items were instead cut), mandatory simulated training for new hirees (these people currently train "on-the-job"), five days refresher training a year ("In 11 years, I have received 18 hours of refresher training, despite new rules and changes in equipment.", control over equipment and minimum staffing requirements. Ray Nowakowski, executive of Council #35 AFSCME, echoed Polino's statements while speaking about the New York State public employee's right to strike. "New York State denies public employees the right to strike by statute (most other states have a common law prohibition), yet, with the possible exeception of police and firemen, every title in the public sector has a "private counterpart who does have that right." Nowakowski also pointed out that while strikes in the private sector tend to be very short, public employee strikes pressure to settle the dispute. "If the Constitution says that "all men are created are often very long because equal" why are public the government is not usually employees a "separate, lower under the same economic continued on page 4 — Laws Changing For Intoxicated Drivers by Barbara Kavanaugh Traffic deaths are a leading killer of Americans under 35, and are second only to cancer in cost to both individuals and society. Alcohol is a factor in 50% of these deaths, yet the odds against the arrest of a drinking driver range from 200 or 2000 to 1. With these harrowing statistics, Leslie C. Foschio, President of the Law Alumni Association and New York State Commissioner of Motor Vehicles opened the Sixth Annual Alumni Convocation, blem. which kills over 1200 people a year in New York alone. Foschio said that broadbased community programs are needed to close the "gap between growing public awareness and action." In an effort to close this gap, Gov. Hugh Carey approved a bill last July which enables localities to establish programs to coordinate countywide efforts to reduce alcoholrelated traffic injuries. The programs, which are to be funded by the fines paid to persons convicted of alcoholrelated driving offenses, will While Intoxicated — The Law is Changing," held at include rehabilitative treatO'Brian Hall on November 7. ment for offenders, the forThe program, attended by mulation and development of approximately 250 U.B Law traffic options for the intoxalumni, was designed to icated driver and recommeneducate the audience about dations with respect to existing changes in legislation, the pro- law. cedure for arrest, defense and In addition, the new laws improsecution of the drinking pose substantially increased driver, existing community pro- mandatory fines for alcoholgrams and possible state and related driving offenses, which federal solutions to the procontinued on page 4 "Driving — �Point-Counterpoint Continues Opinion Vol. 22, No. 5 November 19,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Lee Berger Gary Caines Frank Bolz Business Manager: Contributors: Glen Pincus, Amy Ruth Tobol Staff: Marc Ganz, Steven Getzoff, Marty Miller. Rick Roberts, Robin Romeo, John Stegmayer © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Stall ot Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo. NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law l-ees Composition & Design University Press at Buffalo Editorial Media Flies High at PATCO's Expense When twelve thousand of the nation's air traffic controllers walked off their jobs in protest last August, most Americans knew very little about PATCO, its work, and the discontent of its members. We relied on the news media for information which would enable us to make reasoned decisions as to whether we would support or not support the actions of the union. The information we received on our televisions and in our newspapers focused on the inconvenience being forced on the American people by an organization of highly-paid professionals greedily seeking more money at a time when we all are experiencing some amount of belt-tightening. Most Americans accepted the media's view of the strike, which echoed our President's belief that walkouts by public employees are illegal and must be prohibited in the interests of "National Security." Ten months earlier, the President had exhibited different sentiments. During his campaign he wrote to Robert Poli, President of PATCO: "I have been thoroughly briefed by members of my staff as to the deporable state of our nation's air traffic control system. They have told me that too few people working unreasonable hours with obsolete equipment has placed the nation's air travelers in unwarranted danger. In an area so clearly related to public safety the Carter Administration hasfailed to act responsibly. "You can rest assured that if I am elected President, I will take whatever steps are necessary to provide our air traffic controllers with the most modern equipment available and to adjust staff levels and work days so that they are commensurate with achieving a maximum degree of public safety." The stress on PATCO workers is illustrated by figures released by the FAA: the average controller lasts only 14 years on the job, and of those who retired in the last four years 90% did so for medical reasons. The responsibility which air traffic controllers bear daily for the safety of tens of thousands of passengers in crowded skies has contributed to hyper-tension rates two-to-three times that of the average American. If the President had known for a year that the issues which formed the basis of the strike were an ever-increasing work load, stress and public safety, why wasn't this information made available to the American public? The news media failed to explain why 12,000 well-paid individuals would give up their jobs, forfeiting a secure future of earning as much as $33,000 a year for the humiliation of unemployment, and the insecurity of welfare. We can only wonder about the reliability of current reports that the present crew of controllers and support personnel is keeping the airways safe. The coverage of the PATCO strike by the American news media has shown their reluctance to present a full range of fact and opinion from which informed decisions can be made. A democratic society requires that people's choices be based on equal access to information. Journalism which limits the flow of that information is irresponsible and un-democractic. 2 Opinion November 19,1981 To the Editor: Commenting on the running debate on legal philosophy between H.L.A. Hart and Lon Fuller that occupied many a law review page, Ernest Nagel observed: "There is, in general, little intellectual nourishment to be found in rebuttals to re- joinders to replies." Keeping Mr. Nagel's admonition in mind, I nevertheless go forth to do battle yet again with my Canzite adversaries. For those who may be having trouble keeping score, I note that this is my rebuttal to the GanzIsrael rejoinder to my reply to Mr. Canz's initial attack on the President. First, I shall discuss tactics. In my previous editorial, I did, as Mr. Israel notes, castigate Mr. Canz for what I perceived to be his fondness (nay, passion) for "leftist sloganeering." Evidently, Mr. Israel decided the best way to defuse my attack was to emulate it. Thus, I stand accused of having "outsloganed" Mr. Canz through my use of the "well-worn conservative catch-word" —"kneejerk." I was not aware that conservatives had a monopoly on use of the term "kneejerk" (in fact, I recall Mr. Reagan often being labeled a "kneejerk reactionary"). Moreover, I doubt that anyone could out-slogan Mr. Canz. In just one column, he managed to hurl the following epithets and slogans at the President: "Actor Ronald Reagan" (three times); "Reagan's Perrier Crowd"; "militarist"; "aristocrat"; and, finally, "Bonzo's- keeper." Mr. Israel attempts to equate my use of "kneejerk" with all of this. Nice try, but it won't wash. And whose knee is jerking anyway? In his peroration, Mr. Israel states: "I stand with Mr. Canz and happily leave Mr. Klump to his fellow tax and budget cut supporters, the wealthy and the oil companies." (emphasis added). Now, we all know that anyone who supports Reaganomics must be allied with the "wealthy" and the "oil companies." Right? I probably have as little love for big oil as Mr. Israel, and my family is certainly not among the "wealthy" who stand to reap the most from the tax cuts. These last two observations are irrelevant to an argument about the merits of the administration's economic policies, but I raise them to demonstrate that, contrary to Mr. Israel's implication, I have no vested interest in the recently passed tax cuts. Let us now proceed to substantive arguments. Mr. Israel claims that I misrepresented the real thrust of the Economic Recovery Act when I failed to note that fully one-third of the tax cuts are going to those earning in excess of $50,000. It is true that in my last column, I noted only that the cuts extend across all income categories. But this observation was made to counter Mr. Canz's suggestion that reductions were slated only for the rich. Nevertheless, Mr. Israel maintains that what I failed to note is more important than what I mentioned. Two can play this game. Naturally, higher income taxpayers stand to reap more in absolute reductions from the Administration's tax cuts, for, as Mr. Israel fails to concede, they are taxed at a much higher rate. For example, a one wage earner family of four with a gross income of $15,000 paid (assuming deductible expenses equalling 23% of gross income) $1,233 in federal income taxes in 1980. Under the then-existing tax schedule, another family with a five times greater income would have paid nearly sixteen times greater in- ($75,000) to Mr. Canz's Turning arguments, I must note initially that in his last column, he dispenses (with the exception of his inspiration "King Ronald" passage) with the Ayatolloahish rhetoric that characterizes his first outburst. I congratulate him. If my critique of his first eassay had anything to do with taming Mr. Ganz, I feel that I have justified my existenece. Mr. Ganz trots out a number of imposing statistics to justify his contention that the President's economic program is idiotic. It is true, as Mr. Ganz states, that the President has called for both tax decreases and increased defense spending. But in order to understand the rationale behind the Pesident's willingness to increase the federal expenditures while decreasing (for the moment) tax revenues, it is necessary to examine the assumptions behind "supplyside" economics. Supply-side theory, which is supposed to provide the basis, for the Ad- ministration's tax policies, is premised on the notion that a in tax rates will, evendecrease Under the administration in higher, not tually, result program, cumulatjye reductax revenues. This would lower tions for the poorer family in 1982 will come to $151 while occur because the additional the reduction fo the wealthier take home pay would be inand spent, thus increaswill total $1,831. At first vested ing production, and producing glance, the reductions do appear to favor the wealthy. But additional taxable income. three important facts must be I make no pretense of kept in mind: (1) the $75,000 understanding the comfamily will still be paying plicated economic arguments roughly 16 times as much in in- for and against supply-side come taxes as the $15,000 economics, and I am skeptical family; (2) in percentage terms, as to whether it will "work," the tax reductions for the two but it must be acknowledged families work out virtually the that the Administration's same; (3) it would be difficult economic policies rest on a to reduce the poorer family's coherent (if untested) theory. taxes by as much (in absolute Aside from tax cuts, the terms) as we are reducing the President's programconsists of richer's since the former paid in federal sizable reductions to with. just $1,233 begin expenditures. Mr. Israel Mr. Israel mentions none of charges that cuts in the this. Nor does he note that the budgets of federal departtop 25% of all wage-earners ments responsible for the encurrently pay 72% of all forcement of civil rights laws federal income taxes (Gilder, will "have enormous impact Wealth & Poverty p. 40). If I in- on both litigation and enforceadvertently misrepresented ment." come taxes ($18,282). [Newsweek, 8/10/81 p. 19). the thrust of the administration's tax cuts, Mr. Israel deliberately does so. In this area, I have little trouble supporting the reductions. In fact, I think they are justified in and of themselves, regardless of their impact on the economy, for many of the programs whose demise Mr. Israel forsees represent big government at its interventionist worst. For example, I would be quite pleased if Congress were to forbid entirely the expenditure of Justice Department funds on that most expensive and idiotic of so-called "civil rights" Mr. Israel also maintains that our poorer friend "will profit even less by the tax cuts, as he will be paying nearly $100 more in social security taxes in 1981." This asertion makes little sense. Accepting a 1982 social security increase as a given [note that it is politicians of Mr. Israel's persuasion who have ensured that social security taxes will rise), it is still true that our hypothetical wage-earner will be better off measures with a reduction in his income tax than he would be without — busing. Robert A. Klump You Can Smell It in the Air. The "Onion" is Coming! �Presidents-Comer Some Notes from the SBA President rently under the "jurisdication" of the SBA. Any organization or group that would like to reserve it can stop by the office and make ar- / I / jX(/ rangements. In addition to study and class there are opportunities here on campus to gain insight by Robin Romeo Due to the success of the last TGIT party, the commencement committee has another one in the works, scheduled for the last week of class. Honored and Recognized guests will be this year's winning Softball team. A calendar has been placed outside of the SBA office in attempts of starting a new practice of publicizing Law School activities and meetings. Officers of the organizations on campus should try to post prospective events. If prospective student support looks strong, the Law School may start a program of bringing in practitioners on a regular basis to speak on the practicalities of legal practice. Those interested should stop by the SBA office. The first floor lounge is cur- into the legal world. The International Human Rights Colloquium and the Seminar on DWI, both held this past month, are good examples. Students should take notice of events such as these and capitalize on the opportunity to gain the unique type of information being offered. Later on this month there's an Erie County Bar Association Seminar on local practical techniques of handling an estate. Watch the SBA notice board on the second floor for more upcoming events. A late afternoon rush hour has been presenting problems for students wishing to ride the Bluebird buses. After calling Bluebird this past week, Rob Turkewitz, first year director, was able to find out several things. Bluebird is currently renewing its contract and plans on sending the SBA a copy. Also they're presently forming a new bus schedule and promised to take our concerns into consideration. 111wL Mm MW ' 401 Seven,h Avenue Sui,e 62 New York New York 10001 212 / 594-3696 New York's Number One Bar Review. *■ Orest Bedrij Dana Cowan Judy Hollender Lori Marian Carol Cramer Rocky D'Aloisio Ann Demopolis Ruth Pollack Cheryl Possenti Eleen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Leander Hardaway Aldric Reid Joe Ruh Christopher Reed Steve Sheinffeld Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ Tanya Harvey Don 9t Let Your Law School Career Pass in a Blur of Day & Nights in the Library Purchase your law school I.D. for $10 and develop your social skills at events like these: (and at very special prices!) Bullfeather's Lodge 3480 Millersport $2.50 pitchers G.C. $1 mixed drinks $1 off double wings 7 days a week P.J. Bottoms 3270 Main St. $2.50 pitchers Strohs $1 mixed drinks $1 off double wings 7 days a week Pierce Arrow 1680 Elmwood $2.25 all pitchers 75c mixed drinks, 8-11 7 days a week Scotch *N Sirloin 3999 Maple all beers 75' happy hour on all mixed drinks Sun., Mon. (1/1/82), Tues., Wed. Boulevard University 1 Thruway | Eastern Hills 82 days party dinner dance. * \ / „. Cmemast All performances only $2.25 with tickets purchased at Law School. Good anytime — day and night. reduced admission to these events, which last year resulted in marriages, divorces, hangovers, a view of the dean in his tuxedo and set the standards by which all social events are now measured All proceeds from the I.D.'s will be spent on student activities. SPECIAL PRICES GOOD UNTIL MAY! Get your card at the table near the library. November 19,1981 Opinion 3 �Driving While Intoxicated . . . — continued from page 1 are to be in addition to any sentence of imprisonment which a court is currently authorized to impose. The law also provides for a mandatory imprisonment of not less than seven days for any person who is found operating a motor vehicle during a period in which his/her driving license has been suspended because of an alcohol-related driving offense. However, Daniel I. Labowitz, head of the D.W.I. Bureau of the Monroe County District Attorney's Office, said that D.W.I, cases are among the hardest to prosecute. "A jury in a homicide or assault case thinks 'how could they?' but in a D.W.I, case it's 'I'm lucky I didn't get caught that night." Other speakers, such as David Koteras of the Erie County Sheriff's Office Depart- ment, Kevin Dillon of Dillon and Cataldi, and Richard D. Smith, Assistant Director, Governor's Alcohol and Highway Safety Task Force, spoke about the arrest techniques, testing equipment and Shop Act makes a barkeeper liable for injuries caused because he made an "illegal sale" of alcohol to an intoxicated person, or habitual drunkard, although proof of notice is required in the latter case. Case law has established, however, that social hosts, absent their complete control of the motor vehicle involved, are not covered by the Dram Shop Act, and are not liable to the person injured by a drunk rarely willing to treat it as one." Right to Strike , public employees not to use tool. the right to strike as a bargain"It is leading to 'brain drain.' ing tool. Top quality people are leaving "Usually the leaders are as they get older, and younger senior employees, and they people are going to other have more to lose than just go- states or staying in the private ing to jail. They lose seniority, sector. The State obviously pension benefits and jobs that doesn't feel that its own they may not be able to citizens deserve more than humble pie." that." Schmatz agreed with an replace." all, they're not running around." He claimed that the New York law is not successful, but that penalties are so severe that law abiding people don't want to become criminals, so they end up eating "a lot of I couldn't pass the bar •. • If occasional beer after work, or someone who has a glass or two of champagne at a friend's wedding," have nothing to fear from the kind of strong drunk driving laws he is advocating. <:in crimes of passion as well as with drunk driving, there is no premeditated criminal intent, but in both cases the end result is a crime, it's just that when drunk driving is the cause of death, we are too driver, unlike California and — continued from page 1 Connecticut. After lunch, the program closed with Sen. Caliborne In addition, nurses and other without the same rights earlier statement of David Pell's (D-R.1.) address to the class" are told that professionals people private saying sector, as the Polino's that under in in gathered alumni. with whom they often work New York law "we really don't "unionizing" is unprofessional, Sen Pell became interested side by side?" have collective bargaining, we and are encouraged to think of in the D.W.I, problem when themselves as somehow difJames B. Schmatz, represen- have collective begging." two of his aides, Elizabeth tative of the New York "We need illegal strikes to ferent from other workers. Powell and Stephen Wexler, Educator's Association show PERB, the legislature and "We have to recognize that were killed within 18 months agreed, saying that the New the public that the law is not we are workers, and have the of each other by drunk drivers. York law "forces the public working." same interests and problems as The driver in each case was employee into a form of indenAlda Willis, a general duty the non-professional work convicted of manslaughter by tured servitude." nurse at Roswell Park and a force." automobile and given a "I see it as someone saying representative of the statewide Willis pointed out another suspended sentence. that the marriage is working, bargaining unit for profes- consequence of New York's Sen. Pell has proposed when their spouse is locked in sional and technical staff, denial of public employee federal legislation which the basement, because, after pointed out other pressures on right to strike as a bargaining would require that a drunken driver convicted of a first offense would receive a minimum sentence of at least legislation. 10 days of providing communiSheldon Hurwitz, of Hurwitz ty service and a jail term for at and Fine, also talked about the least 10 days would be mancivil law implications of tavern dated for those convicted two or more times within a fivekeeper liability. In New York State, the Dram year period. use of expert witnesses, as well as plea bargaining, defense suggestions and task force proposals to be recommended for Lubowitz that most judges and lawmakers, as well as juries, believe that because a typical drunk driver doesn't fit the image of a "criminal," it's not appropriate to invoke serious penalties. Yet, Sen. Pell pointed out that a 160-pound person must drink five ounces of alcohol in one hour to reach the bloodalcohol level which determines legal intoxication. He said that moderate drinkers, "the average guy who has an Sen. Pell's bill would also resentencing judges to determine if the offender is a problem drinker in need of a referral to an alcohol treatment or rehabilitation center. The "cornerstone" of Sen. Pell's bill is the certainty, not severity, of punishment that will deter the drinking driver. For this reason, his bill manlight dates relatively sentences, but certain ones, which judges will not balk at invoking. He agreed with Mr. quire - UUAB Concerts & Black Student Union present UNLIMITED TOUCH Performers of the big hit "/ Hear Music in the Street" you're not certain what the difference is between an and a ordinary "bar" great one, its time you came to P.J. Bottoms. we are so affectionately known) offers YOU enriching edibles, P.J.s (as splendiferous spirits, frivolous frolics and bewildering atmosphere galore. No wonder more and more U.B. Law students are saying, "P.J.'s is one bar not worth passing (up)." W'M J. BOTTOMS P. FOOD BOOZE BOOGIE - 3370 Main street I ! ZLZL-IL-i. 4 Opinion •»»-J»7O 1 i Many sandwich [ 14*14 r ' i - buffalo n.y. November 19,1981 \double wings ! _IZI~I-J November 20, 8 p.m. Fillmore Room, Squire Hall Tickets: $3.50 students, $4.50 general beer and wine available � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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A graduate of the University ed the ranks of the law school faculty. of Michigan Law School, ProAlthough this semester fessor Engel spent five years at marks Professor Engel's first as the American Bar Foundation a full-time law school faculty in Chicago on the research member, he does bring some staff, designing and carrying teaching experience with him out projects involving the to the job. During his three study of law in its social conyears with the Peace Corps in text. His most recent project Thailand, he was involved both for the Foundation involved in teaching and in training studying the legal system in an others to teach a variety of Illinois community. "I talked to lawyers, judges, subjects, primarily at the teachers, ministers, beautielementary school level. "I just told teachers they cians, and bartenders," Prohad to be themselves, and not fessor Engel said, explaining worry about an abstract idea how he went about getting a of how they should teach, or sense of "why and how the forthey wouldn't be comfortable mal law was used on some ocor successful," he noted. casions and not on others" in "UB is a very exciting place, the community. and it's generally recognized Before joining the Bar Founas being an exciting place dation, Professor Engel studied elsewhere in the country," Pro- the social impact of law in fessor Engel said. He finds the Thailand. "I spent three years law school's commitment to in Thailand in the Peace Corps, the "Buffalo Model," and an so I guess it was natural for me to start thinking about these issues in a comparative context," he added, noting the similarity between his research in the Illinois community and in Thailand. The professor is the author Custom in a Thai Provincial Court, a look at how Thai law functions in a provincial setting. Professor Engel is a member of the Committee on Asian Law and serves as a representative for South Asia. — by Larry Spielberg of Law and Kinship in Thailand During the Reign of King Chulogkorn, a study of Thailand's traditional legal and political system, and Code and Professor Engel is aware that he will "certainly have less time for research," particularly during his first year teaching, but adds it's "a trade-off I Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 and knowingly willingly." This semester he is teaching a seminar entitled made "Law, Culture and Society," and a nine-week torts course which began the second week in November. Although a nineweek torts course is a departure from the traditional full semester course, he~points out that the number of class hours will be equal to that of a fullterm course, and he will just have to "wait and see" how the shortened course works. Professor Engel may also teach a course in Southeast Asian legal systems in the future, if there is student interest. A somewhat rusty violinist, outside of the classroom Professor Engel enjoys music and is interested in photography. The Engels have two children, Anya, four, and Mark, two, and have settled in Eggertsville and "We're very happy here so far. My wife enjoys it here and the kids enjoy it," he said. Having lived in Ann Arbor and Chicago, Professor Engel is also used to snow, although perhaps not in such quantities as Buffalo receives Opinion |ohn Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken November 30,1981 State University of New York at Buffalo School of Law Volume 22, Number 6 Buffalo Proud of Its Long Maritime Tradition required the manipulation of Great Lakes' commerce will both the Congress and the U.S. reveal its vulnerability to the Long before George Stein- Coast Guard. There were kind ot manipulation that the brenner befell the New York unions to be busted and owners used Entrepreneurial Yankees, he'd worked the same money to be made; commerce capitalism allowed the lakes's magic on Great Lakes' was never tor ttie taint ot shipping industry to grow organically through the 19th maritime commerce. Krom his heart. off when expansion peakAnyway, George century was to position as a Cleveland shipping magnate and his leader- the Big City and the ownership ed and maritime commerce a very quickly became a Rockefeller ship role in the Lake Carriers of a sports team Association, he held reign over fashionable undertaking tor fiefdom. On to history. There are five of them the virtual disappearance ot members of his class who reAmerican Lakes' shipping. quire more immediate and Superior, Huron, Michigan, the George and his cohorts man- public affirmation ot their Erie and Ontario greatest fresh water repository aged the shrinkage of the potency. I mean the detumesAmerican Great Lakes' fleet cent Yankees were tor sale and in the world. And, navigable; from bOO ships after WWII to certainly George could get they flow from the mid-North American land-mass, rich in just over 100 today. An them up again. A review of the history ot minerals and grains, 2,000 awesome task, certainly, that by |im Newman — miles to the Bay of Bisque and the global sea routes. To this system, then plied by native 28-man canoes, came the commercial European. The first "ship" was built by Francis La Salle In 1668 the 10-ton Frontenac was launched on Lake Ontario. He tried to sail up lake despite native warn- ings that the Niagara River was not passable. The Frontenac went on the rocks within sight of Niagara Falls. After the necessary portage, La Salle built the 60-ton Criffen in what is now the Black Rock section Continued on page 4 — SWJ Lawyers — Mete Out Justice — Every Tuesday and Thursday night, SUNYAB law students can be found in Room 201 Norton honing their advocacy skills before a three-justice panel of the Student-Wide Judiciary (SWJ). Whether an ar- raignment, hearing or appeal, fhe Waterfront - A study in decline — Courtesy of fhe Spectrum prosecutors and defense counselors are applying the fundamentals of trial technique and learning to present arguments based on extensive client and witness interviews. normally established in the early 19705, and until 1979 combined with an InterResidential Judiciary now subsumed by it, SWJ is an all student operated and funded court. Its purpose is to provide a fair hearing and a decision by peers to student defendants brought before it. The court's jurisdiction extends to any non-academic regulation of the University not specifically excluded by other University statutes. It handles election disputes,constitutional challenges against constituent student governments and disputes arising between student governments, where SW) arbitrator. SWJ's bench is composed of acts as student volunteer justices, and representatives from ÜB's Graduate, Undergraduate, and Millard Hllmore Student Associations. These students act as both judge and jury throughout their staggered two-year terms. The court is presided over and administered by a Chief Justice who is elected by the court. Law student prosecutors work out of ÜB's Division of Student Affairs under work- — Continued on page i �Prez Threatens Discipline Opinion Vol. 22, No. 6 November 30,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Lee Berger Gary Caines Frank Bolz Business Manager: Contributors: Che Berkowitz, Devin, Jim Newman, Jill Paperno, Anna Marie Richmond Staff: Wendy Anne Cohen, Marc Ganz, Steven Getzoff, Marty Miller, Rick Roberts, Robin Romeo, John Stegmayer " Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School ot Law, SUNYAB Amherst Campus, Buffalo, New York 142b0. The views expressed in this paper are not necessarily those ot the Editorial Board or Statt ot Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Kees Composition & De«ign: University Press at Buffalo Editorial Progressive Courses Are Recommended In this issue we continue the Opinion's introductory interviews with new faculty. The staff of the paper extends its most sincere welcome to all new professors and is grateful for the clinical and theoretical depth they bring to the teaching of law at ÜB. We believe that the humanitarian and progressive concerns represented in the new staff will complement the more traditional aspects of our legal education. We encourage students to take advantage of the course offerings of professors who offer a more theoretical and historical approach to the study of law. The critical focus of course offerings in labor law, legal history and civil rights will not be available to most of us once we leave the academic environment. Moreover, classes with professors who hold ideas which challenge mainstream interpretations of the law and society can provide an enlightening forum for the discussion of disagreements. Greater understanding of the relationship between law and the social factors which engender it will enhance us both as attorneys and as members of a deeply troubled society. While technical skills are important for the practice of law, a deeper comprehension of the forces underlying the development of legal concepts will make us more effective advocates, especially in areas in which new law and policy are being contemplated. With society in a constant state of flux, students at UB Law are fortunate to have devoted faculty members interested in societal change and social policy. It is the interaction of these two elements of modern society that produce much of the challenge to be found in the study ot law. Law students are strongly advised to expose themselves to the thought-provoking courses available at our law school. &MK9OMJ Good Luck on Finals 2 Opinion November 30,1981 Spring before Apr. 1 to report S.B.A. funds for survival. It's on the group's activities and surprising that the interest in continuing an organization is plans. 2. Publish a letter in the slack enough to fail to comply Opinion between Oct. 15 and with an hour and a half comMar. 15 describing the club's pliance. Each organization has now activities and plans. 3. Submit a list of ten been given recent individual signatures of matriculated notification of the violation by students who are members of the Rules Committee, the responsible S.B.A. organizathe organization. The organizations subject to tion. At the last Rules Commitby Robin Romeo compliance include: Center for tee meeting it was decided Public Interest Law, Women that this non-compliance with All S.B.A. funded organiza- Law Students Association, the Nov. 1 deadline would BALSA, HANALSA, National reluctantly be waived. Further tions are presently on probanon-compliance will be taken tion for violation of by-law 13. Lawyers Guild, BCMS, EnThe by-law, passed last April vironmental Law Society, Opi- into consideration in the future by the S.B.A. board, sets up nion, PAD, Law Review, OSHA when the S.B.A. Board votes on certain requirements that each Committee, Buffalo Public In- requests for additional funds organization must follow in terest Law Program, and Inter- and when the budget for next year is compiled. order to be considered for funnational Law Society. It's in the organization's and All have failed to meet the ding. The requirements, which Nov. 1 deadline of sending a law school's best interest to take approximately one and a representative to one S.B.A. follow this by-law. It makes half hours to comply with, are meeting. Only one organiza- public the organization's acwhich in three parts. Each organizaintion has yet complied with #3. tivities tion must simply: In spite of notification in the creasesunderstanding by the 1. Send a representative of beginning of the semester at a student body of its functions. the organization to one S.B.A. treasurer's meeting violations This may increase participaboard meeting in the Fall are still being committed. tion as well as awareness. All before Nov. 1 and one in the These groups depend on will benefit. Save Library for Truly Needy school, what more do they want? While we're at it, we should I agree wholeheartedly with both the editorial of 10/22/81 seriously consider the banishand the letter from the first ment of 3rd year students. year student on 11/5/81, with Listen, if they have jobs lined up they don't really have to some modifications. Throw the little bastards out study and if they don't have of the library! Banish those jobs, they should get off their gum-snapping, applebehinds and find one. After all, munching carrelers but let's if they can't find jobs its gonna not stop with the undergrade. reflect on the whole law While we're making the library school, right? I mean, some of a better place to study we them sit on the ledge all day might as well get rid of the because they apparently don't freshman law students too. know how to make coffee and They have no research to do so have to hit on the vending they don't have to be in the machines every ten minutes. library. First year law students Don't they have any kind of don't know what any of the social life? Maybe they're trybooks are for anyway. And ing to get dates. I hear some they can study Torts or people consider the law library Criminal Law anywhere. At to be as good as a single's bar. home. In their cars. In ftie baseSpeaking of singles, let's ment of O'Brian. We should be send those married people spared their hair-pulling, teethhome where they belong. They grinding anxiety attacks over should be home taking care of Contracts. My God, they were their spouses and/or children given nine days off from and/or pets. That's what they To the Editor: got married for! And divorcees make me nervous, you know what they say about them. Are they really in the library to study? I think it goes without saying that anyone who pays less tuition than I do should get the boot. Got a TAP award or tuition waiver? Get a job. I pay more, so I got more rights to use the library. Have I left anyone out? Oh yeah, people with alligator shirts because I don't own one. So there you have it. It makes good sense that if we keep all these people out of the library I'll be able to study and research much more comfortably. Sincerely yours, A second-ye#r law student Wait'ra minute. Who's gonna check out my book? Ethics Questions Questioned To the Editor: I've decided not to take the New York State Bar Examination Professional Responsibility exam. Instead, I will petition the New York Court of Appeals and ask that body to waive the ethics exam requirement in my case. I need a short and persuasive argument in favor of my request now. I'll start off by saying how silly the ethics requirement is, that we all know that in 20 years we'll probably have broken the canons of ethics many times, and that a test of our knowledge of the rules of ethics will not prove anything. Really what I am saying though is that we are a part of a system where we are the hired gun, the living auction, testers want to achieve by testing me. In the present case, there is little that may be accomplished by testing a law student about professional responsibility. Ethics is something that is bred into people and is not something a law student learns in a law book. People change enough during the course of three years of law school, basically emerging in most highest bidder. Ethics is more than how we act within the legal community, it is in essence how we act as moral beings. The Court of Appeals has ignored the reality of the legal cases as little more than searcommunity and without hesitachers for the royal dough. The tion, required all bar apethics exam contributes little plicants to take a test which to making for a better lawyer, examines little about actual and actually does detriment to professional responsibilty from the system known as moral a societal perspective, but ethics. The test should be done rather tests the person on how away with, hopefully before they interact with the client. too many people bother to I'd rather not be a part of take this inherently flawed exthis mockery of the legal am. system. If I'm going to take a with the talent going to the test, I want to know what the Che Berkowitz �DVF Wants Student Input Clubs May Request by Jill Paperno and Anna Marie Richmond allocated to the Forum for the Brad Bennett, Rod DeWitt, Joe 1981-82 academic year was Mcßride, Jill Paperno, Anna $1350. Since many major Marie Richmond and Bill The Distinguished Visitors speakers request more than Forum (DVF) is an SBA- $2000 for an engagement, DVF sponsored organization charg- plans to lobby other welled with bringing speakers to funded groups, such as the Stuthe law school who have some dent Association Speakers measure of expertise and Bureau and the SBA itself, for recognition in a given area of aid in financing the major law or public policy. speaker once that person is While DVF has already con- selected. tributed funds this year to the Last year, DVF followed a International Human Rights policy of sponsoring speeches Law and Policy Forum and the by a greater number of lesserKlanwatch speaker of the "Teach-in on the New Right," known and less costly men and This year the group is the Forum is currently working women. sacrificing diversity for drawon bringing a major speaker ing power in an effort to idenhere next semester. DVF with a successful maThe members have iden- tify jor event. Hopefully this will tified ten potential speakers, including Melvin Belli, William increase attendance for the less well-known speakers, as F. Buckley, Daniel Ellsberg, well as demonstrate that Abe Fortas and James Watt, as funding is needed if the greater the major attraction this sprForum is to continue to bring ing. worthwhile speakers to the law DVF, just as many other school. SBA-funded groups, is operating on a reduced The members of the Forum budget. The total sum are Carol Cuck, Chairwoman, Campus Lawyers study grants, and are supervised by third-year student and Chief Prosecutor Debbie Loßello. Complaints against any UB student can be filed with the Prosecutor's Office by Housing, Public Safety, or another student. The Office then determines the alleged violation's applicability to University rules and regulations. If, after investigation, the complaint is found to lack evidence or to be otherwise insufficient, the prosecutor will not press charges. Once the sufficiency of the complaint is established, it is . Sharp. Fortuitously, the seven individuals who applied for membership on the committee (all were accepted) represent a broad spectrum of political and social views. They generally agree that DVF's principle objectives are to attract informative speakers who represent the various views and politics of the student body. — Continued from page I the defendant need not enter a Ed over by the Chief Justices defense. The court's decision is from the three student associabased solely upon the tions represented on SWJ, acts evidence presented at the as an appellate tribunal of last hearing, and a defendant can- resort,, except in cases of not be convicted solely on the disputes between governments testimony of a co-defendant. and constitutional and jurisdicJustices are free to ask ques- tional challenges, whereit acts tions of anyone at any time. If as a court of first impression. ing statements. The defendant is innocent until proven guilty and proof must be beyond reasonable doubt. The burden of proof is on the prosecution; — by Gary Games /..-(?.. Debbie Loßello, Head Pres.; Dave Kimpel, SWI Coordinator Group Lep,al Services; Karen Korkuc, Chief justice; lohn Hart, Prosecutor; Mary Ellen Berber, Defense Counsel. defendant has been criminally charged, he has the right to remain silent on any point which might tend to incriminate him. Trial panels of the SWJ are composed of three jusjtices and act as the court of first impression. Sanctions which the court can impose upon finding the defendant guilty include a warning, request for restitution, loss of privileges (consistent with the offense committed), disciplinary probation (with or without loss of privileges), request for participation in a rehabilitative program, recommended suspension or expulsion from the by Frank Bolz Despite substantial budget cuts in the 1981-1982 SBA budget, funds are still available for those organizations in need of additional funding. With the close of the approaching, only five or so organizations have sought additional funding through the SBA. Organizations seeking addipotential Currently, tional funds must first submit a speakers are being considered formal funding request to the as a result of personal Finance Committee. Sarah preferences and at the suggesHunt is the chairman of the tions of friends and professors. Finance Committee. The reFinal selection will be based maining seven members of the on broad criteria, including committee are Anne DiFonza, "topicality" and "drawing John Hart, Nancy Hamburg, power." Sylvia Fordice, Greg Philips, Students who would like to Rob Turkewitz and Scott recommend speakers for DVF Oakley. Each committee to sponsor are asked to speak member receives a copy of the to a DVF member, contact one proposal before the scheduled of the SBA directors or leave a weekly meeting of the commitmessage for Carol Cuck in the tee. The organization requesting funding sends a SBA office. filed with the Chief Justice who then mails a copy to the Defendant along with a sub- peona to appear for arraignment. The Court informs the Defendant by letter that he may contact Group Legal Services (GLS) for counsel, or may be represented by any person of choice at the court proceedings. Law student volunteer defense counselors operate under the auspices of ÜB's GLS and are supervised by thirdyear student Dave Kimpel. If contacted by the indicted student before arraignment, defense counselors provide advice regarding the student's rights, the court's procedures, and how a plea is entered. A plea of guilty entered upon arraignment will usually result in the court's imposing a warning or form of probation. Arraignments and hearings are informal and no strict rules of evidence or procedure are followed. Hearings are conducted somewhat like trials where law student prosecutors and defenders present organized witnesses, arguments, opening and clos- Additional Funding Decisions of all panels from ar- raignment through appeals are by two-thirds majority. Violation of sanctions imposed can lead to contempt charges, in which case the defendant is notified of the filing of charges and asked to show cause for failure to comply with the sanction. SWJ provides a means of safeguarding a defendant's right to due process in a disciplinary proceeding. The procedures of the court assure that the accused receives adequate notice of the charges, and a fair hearing with an opportunity to present his posi- tion with evidence or an exUniversity housing, recomplanation. mended expulsion or dismissal For law students, SWJ offers from the University; and other a good forum for perfecting may be apsuch sanctions as oral advocacy skills and inporved by SWJ. creasing their knowledge of The accused has a right to appeal the court's decision substantive areas of the law. within ten days. Appeal panels,' "Working on SW) has been also composed of three good experience for me," says justices, act as the appelate Debbie Loßello. "I recomtribunal for lower court deci- mend the experience to all law sions. A Supreme Court, presid- students." semester representative to the committee meeting to answer any questions concerning the fun- ding request. Shortly after, a formal vote is held. The treasurer abstains from voting unless her vote is necessary for a quorum. If the proposal is approved, the next step is for the SBA board to vote on the request at the next scheduled meeting of the Board. The Board has the final say on the proposal. If a proposal is voted down in the Finance Committee, the organizatian has the right to appeal the decision to the SBA Board. A'final note is in order to dispel the rumors echoing through O'Brian Hall. The SBA currently has a work-study student working in the SBA office as a typist. None of the mandatory student activity fees are being used to pick up the wages of the typist. The Administration is footing the bill 'Prince of the City' Seen as Flawed by Devin Sidney Lumet's newest film. Prince of the City, when combined with two of his earlier successes, Serpico and Dog Day Afternoon, may be seen as part of a definitive triology about big-city crime. All three are based on real events. All three have a mastery of street vernacular and an acute sense of the social of pressures metropolitan life. Although Lumet has several other distinguished films to his credit [The Pawnbroker, Twelve Angry Men, Network) and a great many clinkers [The Wiz, Equus, lust Tell Me What You Want), I think his reputation will rest on these three films. They are some of the best New York City movies that anyone has ever made. Prince of the City is based on Robert Daley's book about a N.Y.C. police officer, Bob Leuci, who assisted a federal inquiry into police corruption following the disappearance of a large quantity of heroin confiscated in the famous, "French Connection" case. Leuci began by confessing his own misdeeds (three minor acts of graft during an 11 year career). He told federal authorities he would never implicate his buddies (there are certain lines he would not cross in the name of abstract morality) but he agreed to be "wired" to record incriminating conversations with big-time hoods, many of whom he knew had shady dealings with his colleagues on the police force. Leuci soon learned that he could not control the scope of the investigation. His personal code of honor meant nothing to the federal authorities. Lit- tie by little, he was drawn into exposing his closest friends (two of whom committed suicide), until finally there was no one left untouched. Leuci ended up being a hero to some (including director, Lumet), but a treacherous rat in the eyes of many policemen, a deluded fool in the eyes of his wife, and a prime target for gangster retaliation so that he and his family could never be safe again Prince of the City is nearlythree hours in length, funereal in tone, pseudo-documentary in' style, and exhaustive in detail. You guessed right: it's not enjoyable. Perhaps because it does not have Al Pacino at its center, but a rather ordinary actor. Treat Williams (from Hair), Prince of the City never galvanizes one's attention the way Serpico and Dog Day Afternoon did (and still do). There are many fine performances in the smaller roles, notably Jerry Orbach as a tough cop who refuses to be intimidated by the investigation, but Williams is an annoyingly shallow actor who plays every scene in big waves. Prince of the City is a serious film that many filmgoers would find difficult to enjoy under any circumstances, but with a charismatic actor in the leading role (i.e., Robert DiNiro) it could have been so emotionally hypnotic that one would find it tragic but pleasurable to watch. a i found it punishing well-made and important film, but something to be endured, respected rather than liked. Unlike True Confessions, for instance, which covers much the same territory probing the heart of darkness and moral Prince of the City ambiguity does not instill a desire to see it a second time. November 30,1981 — — — Opinion 3 �Spears'Softall Team Emerges Victorious by Steve Getzoff "Stanky D" was defeated by Al Spears' team 7-3 in the Law School Intramural Softball "Stanky D" jump out to an early 3-0 lead. Eventually, though.Spears' boys (and girls) were able to capitalize on several errors to gradually pull away, while pitcher Karen Russ shut the door on the "Stanky D" hitters. League Championship game, culminating a bizarre season in which every team that managed to! show up the last "Stanky D" earned the right weekend was in the playoffs. The game was played at to play for the title by winning perpetually soaked Three Mile the weekday league championIsland Stadium, and saw ship in an extra inning thriller against Rocky's Team 8-7, while Spears' team won convincingly over "Nancy's team," named for the pitching phenom, Nancy Hamburg, in the Saturday division. Thanks and appreciation are due to Rocky D'Aliosio for organizing the league and seeing it through to its conclusion despite the frequently uncooperative weather. — byLfe Berger — by Larry Spielberg — by Larry Spielberg Buffalo Proud of Its Long Maritime Tradition of Buffalo and set about exploring the Lakes. Surely, Francis was an explorer only trying to avoid the predations of a hostile and well organized Iroquois Nation, but he was onto something much more. Yet, after just two years the Criffen was lost one November day and La Salle went on to the Mississippi, leaving the Lakes to fur traders and missionaries. For 100 years ship traffic was limited to Lake Ontario until the 25-ton Surprise was built by Yankees in a French trading post named Beau Fleuve (they mispronounced it Buffalo). Things then began to move very quickly. In 1800 John Jacob Astor arrived from New York City to see if the production and shipment of pelts could be expedited. They could. So well, in fact, that by the War of 1812 American and British navies clashed in the Battle of Lake Erie. Admiral Perry succeeded in protecting Astor's far flung network of trading centers and ships. It was a commercial war and commerce prevailed. By 1817 President Madison achieved an understanding with the Empire and the Lakes were officially brought under admiralty jurisdiction. That same year the first large ship was built the 237-ton Ontario. And fortune smiled. By 1820 copper had been discovered in Michigan's upper peninsula. One year later the 110-foot Walk-in-the-Water was built in Buffalo. It carried 400 passengers and cargo on its route from Buffalo to Detroit and Chicago. In 1825 the Erie Canal opened. This immens* speculative project succeeded in connecting the upper Lakes — 4 Opinion with New York Harbor; and Buffalo was the conduit. Homesteaders and finished goods sailed out and minerals and grains went by canal barge to the sea. The Welland Canal opened in 1829 and brought Lake Ontario into this commercial system. As more farms were established uptake, grain became the dominant cargo and Buffalo became the largest milling center in the world In 1839, the year the first grain cargoes reached Buffalo from Chicago, 90 ships operated out of the Port of Buffalo. The first screw wheel ships entered theLakes in 1843 when larger copper mines were opened along Lake Superior. In 1847, iron was found in Marquette. Within 3 years of this discovery a steel industry was established on the GreatLakes. The huge iron mines of the Mesabi range in Minnesota were opened in 1850. Shipping increased dramatically and traffic became bottle-necked at the St. Mary's River between Lakes Superior and Huron. A singularly tenacious entrepreneur named Charles Harvey (from Buffalo) pushed a canal around the river in 1855. Tonnage passing through Sault Ste. Marie was 14,500; ten years later, 153,000 tons moved through the Soo locks. Ore and grain moved downlake; passengers, coal and finished produces sailed uplake. At this time Buffalo, with 17 railroads connecting her to New York Harbor, and Cleveland, through which Appalacian coal entered the Lakes, were the two most important cities in this system. But within 50 years commer- November 30,1981 cial power would move West to Detroit and Chicago. In 1869 the first great November gale swept the Lakes since major commercial traffic had appeared. Over 100 ships and 1,000 people simply disappeared. These storms have produced winds approaching 100 mph and 30-foot waves and usually last for several days. After this setback industry and commerce grew with a By vengeance. 189-5, 17,000,000 tons moved through the Soo locks. Steel hulled ships had become dominant and the first 400-foot ship, at 12,000 tons, was launched. This is also about the time that Andrew Carnegie and lohn D. Rockefeller began to vie for control of Lakes' shipping. Rockefeller, headquartered in Cleveland, soon prevailed and immediately broke the nascent Merchant Marine Union. After the turn of the century, freighters (bulk carriers) held such massive amounts of cargo that self-unloading ships had to be designed to reduce harbor time. In Buffalo the first automatic grain elevators were built, replacing the backs of Irishmen. Both automatic unloaders and standard bulk carrier hull design were first developed by the Bessemer Iron Works for use on the Lakes On November 23, 1913, the second large storm came. Ten ships of over 500 feet and 250 seamen were lost. But in the next year 106 even larger freighters were built and 85,000,000 tons of cargo was shipped. During WWIT almost a trillion tons of goods moved on the Lakes four times the — — by Larry Spielberg .. — Continued from page I amount to cross the Atlantic. beginning in the late 19605. But as the 1960s came, Great The supposedly "unsafe" ships Lakes commerce began to were then sold to Canadian stagnate — this despite the dummy corporations which opening of Lakes to "salties" were owned by the same inwith the completion of the St. terests that had sold the ships. Lawrence Seaway in 1959. Buffalo was hit especially hard because the Seaway replaced Buffalo as the gateway to the Then, George, et al., per- suaded Congress to pass the Maritime Act of 1970. This designated the Lakes as "coastal waters", instead of an extension of the Atlantic, thereby allowing the owners to be subsidized in the building of new larger ships. And I mean "larger". Meanwhile, there was another problem to be solved the Soo locks would accomodate ships of only 700 feet. George returned to the Congress and impressed upon it the necessity of building new 1,000 foot locks. This was accomplished, at the price of 500 million dollars in 1978. By the way, the largest "salties" that can enter the Lakes are only 730 feet due to the size of the Seaway locks. With everything in place, the owners set about building 1,000 foot behemoths. These new super-lakers, which we subsidized, are now plying the Lakes even further reducing the number of ships under American registry. This, of course, has damaged the Merchant Marine Union and the practice of American admirality law. But beyond those considerations, is the doubtful structural integrity of the freighters. These fears have been expressed to me by members of the Buffalo shipping industry. Their viability has yet to be tested by a November gale. We can only hope that George is a better ship-builder than baseball — — Courtesy of The Spectrum oceans. And although the export of grain has increased, most goes by barge down the Mississippi to the Port of New Orleans. Lakes' tonnage has held at around 200,000,000 annually for the last twenty years. Here George Steinbrenner Operating out of Cleveland, he and the other owners responded to their declining profit margins. The first problem was to get rid of older "inefficienf'ships over the objections of a now very powerful Merchant Marine Union. Using political clout they persuaded the Coast Guard to condemn these ships reappears. manager. �Placement Wishes All Good Luck in Job Search The Director of Placement, above that figure is going to be Alan Carrel, drsclosed in a yet icing on the cake." unpublished report to the Questioned as to the Dean that Placement's efforts reasons for this quotient of have borne substantial fruit success, the Director offered this year. News that over 3% several answers. of the Class of '82 have "Well, first of all, the secured full-time jobs for next number of firms visiting the fall was heralded as food for campus has decreased over unguarded optimism. the last year. This is true for "Wow, gee whiz," bubbled New York City firms (Editor's Audrey Koscelnick, Carrel's Note: which have never sent First Lieutenant, as she sat in representatives to U.8.) and the nerve center of employers closer to Buffalo, Placement's operations on the like Rochester. In fact, over third floor. seven firms pulled out of "It's so exicting to see this theN.Y.C. interview program many nice boys and girls get- (dubbed SUNYAB Law "Job ting jobs. By May, we could be Fair" to connote exclusivity). Asked how such comup to 5%." "We view 3% as a real parative lack of interest and high," said Carrel, who himself participation would occasion accepted part-time employ- increased employment, Carrel ment downtown this year, after responded that such a graduating in 1967 on Law downturn forces students to Review. make independent efforts, "I'm afraid, though, that 3% which "is by far the most sucis a plateau. Any increase cessful method of job hunting anyway." "You see," said Carrel, "U.B. has refused to send around what is known in the business as 'bird-dogs' to drum up business. We're receiving weekly reports that schools like Harvard and Yale are employing touts and women of moral questionable background to solicit the hiring partners of major Wall Street law firms. How else could those schools be so suc- cessful?" In addition to disparaging the competition. Carrel noted activism on the part of the U.B. faculty as another reason for 'hardship' cases." Stating, "No, I did not mean catatonic," Carrel pointed to the example of Shawn Hymie Mendes Lieberman (a partminority student) who went "right from U.B. to work for Justice Potter Stewart on the Supreme Court." Informed that Martindale- Hubbel showed no such clerkship, Carrel demurred by stating that although he was not sure in what capacity Mendes-Lieberman was employed, he was sure that the U.B. grad was working for Justice Stewart. (A telephone call to the Supreme Court ofincreased success. fices of Potter Stewart con"They [the teachers] have firmed that Mendes-Liberman always gone to bat for our was indeed on the Justice's students. Especially on behalf payroll, not as a law clerk, but of the 'little guy', who stands in rather as a vehicular navigadesperate need of such help. In tion engineer, and could not be this regard. Professors Kaplan, reached.) Swartz, and Spanogle have "What we're especially been catalytic in a number of proud of is our record in . Onion LIVE FROM BUFFALO It's Monday morning Boston and DC. despite the tight job markets in those cities, our students are flocking there in great numbers (Editor's Note: like lemmings to the sea). We've had to put a ceiling on recruitment efforts. Saturation in a place like DC. could spell doom for our future grads. This year, we're limiting on-campus interviewing to just one firm, which couldn't conceivably hire anyone from U.B. So, we're cool." When asked what he considered his greatest success. Carrel replied simply, "My own job." With respect to future plans for the expansion, Carrel hoped that U.B. could attract more law schools to interview on campus, so that then students "might avoid the stigma of a U.B. diploma" and hopefully, "find a job." All The Slander Fit To Print "Only the pathetic have no Onion" Volume 3, Number 1 State University of New York at Buffalo School of Flaw Professor Buys Car - Professor Michael ("Mick," "Micky," "the Shaft") Schaeftler, after years of hitchhiking and bumming rides, has finally bought a car. This news came as great relief to those who had been chosen as his de facto chauffeurs over the years. And it came as a big surprise to those who know him, (block) in the decisional process came after Schaeftler sat down to decide what kind of car to buy. "My copowations classes have been listening to me cwiticize CM for six semesters now. I could hardly go out and buy a Twans Am." Knowing too much about the inner workings of corporate America, the effervescent Schaeftler decided to look to the East, where gas economy has always been a consideration. "Honda's an easy name to pronounce. 'Owdsmobile,' 'Chevwolet,' 'Chwysler' are unwieldy. And I hate Wee major Prof now ready for Buffalo nightlife. as one of the most frugal and conservative members of the law school faculty. "Fooled me," said Lee Albert, a frequent lunching partner. "Of course, I had always hoped to sell Mike my Alfa. Well, I didn't want to sell \ it. Oh, you know what I mean." y This decision, evidently the ( result of summer-long deliberation, was prompted by a series of debacles in which Professor Schaeftler found himself on campus late at night without a ride. "I hit a weally bad spell in June. Nobody was here. I had just weturned from Club Mcd, and the pwace was empty. It was awful. One night I had to sweep sitting up in my office lacoco." Choosing a light green Accord, the thirty-four year old associate professor feels now November 30,1981 Professor Shocks Law School erstwhile Human Rights ad- huddled together in the damp vocate, has been keeping four and ill-lit cellar. "They were Philippino slaves in her base- chained to the waste line com- ing down from the upstairs The four were discovered apartment I never saw yesterday by a National Fuel anything so pitiful in all my repairman, Albert Bronkhorst, born days" stated the still who was investigating a visibly shaken Bronkhorst. Virginia Leary could not be neighbor's complaint regarby Ed Stinker ding a smell of gas coming reached for comment. She is reportedly overseeing one of from Ms. Leary's basement. There, the horrified Mr. her agricultural estates in El It was revealed today that UB Professor Virginia Leary, Bronkhorst found the helots Salvador. ment for the past five years. Instructional Blast this idea as supply-side economics "finest hour". He Secretary of State Alexander noted that by choosing an that he has taken command of Haig recently announced that economically depressed area his life and can now look for- NATO has formulated plans to for obliteration, the planned ward to a more fwuitfoo (fruit- set off a "warning" nuclear tax-cut program would result in an increased money flow ful) social wife (life). blast to deter a possible Rus"Dates didn't like riding on sian invasion of Europe. Haig within that sector. Kemp the back of my bicycle. I said that a strategic site would theorized that residents would thought of buying a tandem, be chosen and subsequently spend their money on a last "flbut even that gets tough dur- blasted, "to send Russia the ing" or save it, thus enabling ing the winter." message that we mean banks to underwrite blastrelated commercial enterAsked how he likes his new business." car, Schaeftler said, "Cweat. I In an effort to appease the prises. The former Buffalo Bills get 55 miles a gallon. And I use citizens of any town or village quarterback predicted that wegular gas. I know, I know, chosen for the "warning shot", "such activity will result in inthe Hondas take unweaded. NATO and its member nations creased jobs, a kind of But I bought an adapter for the have formulated an economic mushroom effect which would no lead pump. It works gweat." incentive package for the spread over the entire Alluding to the sparkle his "Nuclear Annihilation Zone." economy." Substantiating Kemp's new wheels have added to his NATO has promised to see that night wife, the Shaft just smil- property taxes are cut in half predictions is the appearance for the designated community of various electronic games ed. for distribution and "Now I can get to the Pan— together with free garbage scheduled sales this Christmas. Now in cake ( —anache?) and the pickup for one year. chaiw." Republian Jack Kemp hailed — Continued on pane 9 A major stumbling bwock Pwayboy Cwub!" by Frank BuHermi — Girth Is Hep by Ed Sinkhole Marjorie Girth, best known for her erudition in such fields as Bankruptcy Law and Debtor-Creditor, is also an avid afficionado of Punk and New Wave music. Found last Saturday at Buffalo's New Wave hotspot, the Continental, the black leather and wrist stud garbed Ms. Girth was leading a crew of skin-heads in an energetic version of the "LA. Slam." Girth's revelry was briefly interrupted when a brawl broke out on the active dance floor. The petite Ms. Girth more than held her own against several later-day Johnny Rotten's. This writer personally saw a leatherclad punk double up and sink to his knees after receiving a well placed boot to the 'nads from Ms. Girth. �vJAimil Vol. 3, No. 1 Exciting Upcoming Events Novem ber 30,1981 Founder Justin White (1950-?) Get ready for "Gun Control and Reaganomics: A Shot in the Arm?" Colloquium sponsored by S.B.A. Guest speakers: Cleveland Amory, Cesar Cedeno, Claudine Longet. Thanksgiving, 3 p.m., Talbert Bullpen. Mismanaging Editor Anonymous Disinformation Editor: Character Assassin: Underexposure Editor: Embezzlement Dept.: compiled by Rodd DeWitt Anonymous Anonymous Anonymous Anonymous Staff: Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous National Lawyers Guild Annual Field Trip to U.S. Court House, Buffalo. Courthouse steps lecture: "Close Your Eyes, Click Your Heels, and It Will Wither Away." Dish-to- plates to be collected and Ethics Reunion Please prepare mailed to Kathy Boudin. (Ad- pages 1-2486 (omit pages dendum: NLG-sponsored lec- 1178-79) of Proust's Rememture entitled "Federal Prisons" brance of Things Past for by Ms. Boudin, originally discussion. Tonight. Arby's, scheduled for 1/27/82, has 1395 Niagara Falls Blvd. been postponed until 2/8/97, 3 "The Reagan Revolution: p.m., Moot Court.) Rebirth of McCarthyism?" Since the death of Edgar Conservative Lawyers Club Bergen, we've heard little from meeting: 12/1/81, 2 p.m., Charlie McCarthy. Professor O'Brian Hall, Sears Library, Howard Mann will speculate Carrel 346 (pending availabili- upon the burgeoning Red ty). Elections. Speakers to be Menace, specifically upon the announced. Casual dress. Soviets and their "puppet" regimes. First Annual Class of 1983 pass required (food optional); © Copyright 1981, Onion, SBA. This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental. WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! PAJAMA BOTTOMS J fOFF! $ 5 Ib. bucket of ] J CHICKEN THINGS*! Little pieces of chicken anatomy. Sliced and cut to obscure identification. Tender, moist, and often surprisingly supple. No bones, no wings, no feathers. ■OFFER NOT GOOD FOR YETERNARY STUDENTS SBA Prez Is Germanophile UB Law is fortunate to have in its midst a resident expert in the field of PrussianLaw. Robin Romeo, called by many of her closer friends "The MiniFuhrer," has devoted much of her academic career towards the mastery of the arcane laws and procedural devices of Otto van Bismarck's Prussia. Ms. Romeo, who admits to an admiration for most things German (except sauerkraut, she. avers), can also boast of one of the largest collections of German period costume on the Niagara Frontier. "I'm especially proud of my leather Prussian crossing guard uniform. When I wear it with my fishnet stockings and spiked heels, I just feel tingly all over," says Robin. Win) Ding Thing .<«.* 200 LIVE *>"% irt**** CHICKENS just a year. Buffalo International Airport was jammed In Headgreiner's most re- with recruiters from Wall cent comparison oi United Street firms who had reconStates Law schools, Buffalo sidered on-campus interview nipped Harvard in having the programs. highest quality legal education Some of the factors conin the country. The students, sidered by this highly regarded faculty, and administration study were: were all beaming in the halls of 1. Amount of snow. O'Brian, since this ranking 2. Creativity of academic showed a jump of 16 places in programming. £Skl&s Drawing Sharp For — The Latest Fallout Look In Three-Piece MUTILATED HENS RETURNED TO OUR HUMANE AKRON Lead-lined Suits FARMS FOR 24 HR. EGG PRODUCTION. — What? Mutant — Dec. 1 Stan Chest will lecture on the advantages of the Bra/Bri approach. November 30, 19« I Sara Hunt Debbie Cohen Elisea Hobika Jurors — Should You Exercise A Peremptory §■ M BaY A « Mt M lawyer Tht migtziae For the Attorney Heady For the Atomic Age B Byfl X B V H, ■. ■ Challenge? BUST REVIEW COURSE Onion ■ Radio-active Evidence Tainted Fruit or BRA REVIEW ASSOCIATES PRESENT 2 survival Holocaust Expires 12(31/81 — Germany?" Plus' An Interview With ■ Neville Shoot, Author I ol On the Bench Cooking With radiated Legumes Ir- V V Vj 3. The degree to which the schools resemble fortresses. 4. Research Directors of libraries (keep dazzling them, Karen). 5. Arbitrary manner in which members ot Law Review and Moot Court Board are chosen. 6. Incoherence of first year professors. 7. Availability of chicken wings in the area. Apologia Premier Issue ChantsAlter A Nuclear Limited Oiler 'Last year, no one studying for the New York Bar exam took Bra/Hri. *We offer the only 'PCrated videotape lectures in the Northeast. 'Those signing up before Dec. 15thwill receive a FREE wet "Be a Bra/Bri t-shirt imprinted with the Bra/Bri logo Balloon Smuggler!" 'Special student discount of up to 25% available to deserving female applicants. political dissent, the petite Ms. Romeo, with a strange far-off look in her eyes, stated icily, "You haf relatiffs in Trying Harder Pays Off EACH PATRON GIVEN RAZOR SHARP MACHETE. CHOP OFF AS MANY WINGS AS YOU CAN IN THREE MINUTES. THEN WE FRY THEM IN OUR SPECIAL RED SAUCE. Bra/Bri Representatives: Caitlin McC ormick Karen Stifter Ellen Dickes "/ vant the negatiff! Ms. Romeo is the current president of the Student Bar Association. When asked what she thought of the Nazi method of dealing with by Rick Roberts WOOTIE'S Shea's Buffalo, 1/1/82,8 p.m. (Sold out). K. To the Editor: I want to take exception to recent written comments made by Robert Klump in your newspaper. As the Reagan Administration's budget director and formerly chief spokesperson on economic and political theory for the Reagan administration, I have a certain sense about the way things are running in Washington. In other words, Mr. Klump has made a raving [deleted] of himself. Come on Bob. I made up half of the numbers that you used to defend Reaganomics. There was no need to add~ figures up properly anyhow. Congress likes to see good numbers. It makes their job easier. It's a pity that you found those numbers so interesting, because mostly they are miscalculations. Sorry. With regards to Jack Kemp, David Stockman �Bloody Coup Rocks Moot Court Extremely Random Flames and screams colored the chaotic scene in the basement of O'Brian Hall today, as second year students overthrew the Moot Court Board. Frustrated by obnoxious questions and humiliating criticisms, students gave up trying to get on the board in the traditional manner and resorted to violence. One rebel blurted "Hey, guns talk; arguments walk!" as he filled members of the problem committee with bullet holes. After kicking in the door to the office, another second Roth could not comment on the situation, as they were both tied and gagged. The Dean was also not available for comment. However, Cleo told Onion reporters he sud- student gleamed, "Awright! Now I can put it on my resume!" Lynn Monaco and Andrea Board members moments before tragedy. year Notes ... denly decided to go on sabbatical to "rethink the Buffalo Model," and would transmit a ****Professor Spanogle was reply shortly. rumored to have been offered the job of host on "Let's Make A Secured Transaction," a new game show on ABC-TV. Declining the offer, Spanogle said, "I have more fun playing teacher." coughing was heard in the vicinity of the faculty library on Monday when the topic was discussed. Plans for a faculty seminar entitled, "What to Do When Your Student Lover Graduates" have been made, however, and it is expected to draw a large audience. ****A recent article in the Courier Express (Sunday, Nov. ****Former law student and 15) detailing the dynamics of U.B. Alumnus Ed Stinker will student-teacher romance give his famous "I Shot John raised more than a few Kennedy" talk in the Moot eyebrows id" the law school. Court Auditorium on Although such affairs are November 22, 1981. Next year. evidently the exception rather Stinker plans to lecture on his the the rule at U.8., uneasy Continued on page 4 — Effects of Drugs on Law Students When Taken Singly and in Combination November 30, 1981 Onion 3 �Commie Prof Makes Buffalo His Home (An exile from the University of Minnesota, where he taught for a "while," Assistant Professor Alan Freeman is the latest edition to the law faculty. A pseudo-intellectual, Freeman has come to U.B. highly recommended by the Golden Gophers coaching staff. Interviewed at home, the expert in constitutional law drank glass after glass of Ripple 'Sec' while the Onion conducted its interrogation.) ference?" Freeman: "Marxists believe in Marx, Leninists believe in Lenin." The Onion: "What effect do these radical political views have on your teaching of con- Extremely Random Notes ... — Continued irom page J latest pet topic, "Hinckley and the 'I thought I was balling Jodie Foster' Defense." ****Law student found awake in Agency and Partnership "Weasel Brain" Fred Krapowski. — stitutional law?" Freeman: "That's a good question. Actually, none. I teach American constitutional law. Lenin was Russian." ****PAD will hold an The Onion: "As a Leninist, Underwear Sale in January. however, don't you have a Used 2nd and 3rd year briefs peculiar interpretation of and panties will be sold on the Onion: The "Professor American constitutional sth floor. Second semester Freeman, our first question history?" students are urged to "step innecessarily has to do with your Freeman: "I'm not sure Proi. Freeman relaxes with fellow traveller Betty Mensch. to a pair." ideological views. It is 'peculiar' is the right word, but that's what we learned in a means of precluding judicial rumored that you are a Marx- I know what you mean." "Faculty ****A new game ist." "As a matter of fact, I think civics." review?" was introLive-in Bingo" Freeman: "Not true. I'm a tl c Constitution is a piece ot The Onion: "Do you agree Freeman: What?" duced this Fall to enliven an Leninist." p per, with 17, 351 words, and with the move towards using The Onion: "What do you and boring The Onion: "What's the dif- witten in English. At least constitutional amendments as think of the Hyde Amendment otherwise staid social scene among professors. and its progeny?" So far, there have only been Freeman: "I've never met its two winners. children, but aren't you asking about my views on abortion?" ****Hiring for legal jobs is The Onion: "In a way, no. down this year, according to we would be an informal survey conducted But by members of the Buffalo interested. ." Law Review. "Nobody's Freeman: "I'd have to have hiring," $LA from announced Jon one before I could answer Malamud. "There are no jobs that." for next year." Lamenting that The Onion: "Perhaps, then, he should -have stayed at you could discuss your initial Toledo, the third year editor impressions of U.8." remarked, "At least there I'd Freeman: "You mean my have a shot at the Toledo own thoughts about the clerkship on the Supreme Court." school?" +«>deys quiet 4-«rrci4rial oHerntys The Onion: "In so far as the u«U b« +r«niform«d by fh* ceasdeM same might be understood, ****"The difficulty we have /|\ of ruiK e'me4wi\ +cclinolo<jy i«*» without the Commie rhetoric." with U.B. students" was part * a survey sent to the hiring partFreeman: "O.K. It has nice ners of large local firms, in an THFSE COURAGEOUS COSMIC COUNSELORS offices. The library is big. And effort to determine the causes Al Katz is a pretty funky guy." for low hiring ratios. Audrey WILL ENCOUNTER OBSTACLES MADE MUCH The Onion: "Any minuses?" Koscelniak released several Freeman: "You mean bad "representative" responses in MORE NASTy By THE COLD HEMVTLESSthe hope that the interviewing things?" NESS OF THE GALACTIC process could be made easier. The Onion: "Yes." VOID Freeman: "Bill Greiner. In order of frequency: (1) "Bad Breath" Room 112. And the student (2) "Can't be told apart. The body." men wear three piece suits The Onion: "What's wrong with padded shoulders the with the latter?" women blue suits with ribbon Freeman: "You mean bow ties." students?" (3) Falsify Resumes The Onion: "Yes." (4) State that they love BufFreeman: "I'd rather not falo in the most insincere mangeneralize. But take Justin ner Paying t*-j< process (5) Fart during interviews. White, for example." The Onion: "What's wrong ****Late Flash Janet with him?" "Lucky" Lindgren, U.B.s Freeman: "What's right?" Con-Torts proThe Onion: "Well for one charismatic fessor, has accepted a tenured thing, he's graduating next faculty position at the worhi *Wr hwn �•vis,* jj/> M#y semester." r9 *. ,«••� renowned Esalen Institute of Freeman: "Thank God." Zen, Law, and Oneness, The Onion: "Amen." hMM« »urwl.... located in scenic Monterrey, Hwiiii 4» d«al /*Vy Freeman: "Don't get me California. wrong, though. I'm very happy Ms. Lindgren could not be here." reached tor comment regarThe Onion: "How long do ding this sudden career change. She is said to be out of you plan to stay in Buffalo?" Freeman: At least until next town, investigating retailing abuses in the hot tub industry. week." The Onion: "But you said ****Louis "Eat My Shorts" you liked it here." Swartz, U.B.s dynamic Family Freeman: "Buffalo is like sex. Law professor, has found a Nine months later, you wish lucrative second career as a you hadn't come." star of porno films. Swartz, The Onion: "0.X., that's known to cognoscienti of this enough. Thank you for agree- much maligned art form as ing to be interviewed. We wish Johnny Cucumber, has ap- — / Wi \ ?■"■- LJ \ J r°/7 \*Lw — . SPACk — J , - *• «••••»�•«• // /^ you every success." Freeman: Thank you, Comrade. 4 Onion November 30, 1981 peared in such blockbuster hits as "Study Carrel Carol," "Eskimo Pie," and "Thirty Seconds Over Stockholm." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-11-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/30/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9e633d5f805fae71e9232c83f92b42fe.pdf f9be408788c263529bbc310c68222a2f PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion John Lord O'BrUn Hall SUNY/B, North Campus Buffalo, New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number* November 30,1981 State University of New York at Buffalo School of Law Fight to Save Squire Gains Momentum by Earl R. Pfeffer The University of Buffalo campus is alive with activity the likes of which has not been known since the anti-war demonstrations of the late sixties and early seventies. Ironically, it is Squire Hall, the locus of the protests and mass activities that characterized that period, around which the students are rallying. To both the administration and the concerned student body. Squire Hall is a symbol. To the latter it represents a tradition of community and organization, which seems all the more necessary today, given the inhospitable" nature of the Amherst Campus and the alienating effect of having the academic facility spread over three campuses. To the administration, Squire Hall represents a history of another order; its image reflects an era they would soon forget. Although they constantly echo the reminder "this isn't the sixties", they know as well that in centralized assembly and communications lies the germ of student protest and activism. They also understand that once the building is no longer a union it cannot be used as a vehicle for the continued protest of its planned reconstitution. Yet the events of the past few months and the information they have engendered reveal a struggle steeped more in pragmatic goals than in lofty sentiments. The battle over Squire is a fight between factions who have very different interests. It may be surprising to some that a university administration and its student body are not united in their aspirations for the future of their community. Yet universities Have grown into massive educational factories in which purposes and goals of their various components have come into harsh conflict. The battle for Squire Hall in many respects is over the future of this University. Will it grow into a nationally recognized research institution or will it focus its efforts on teaching imparting onto young people — academic and social skills which their careers and lives require? In this battle the parties are hardly equal. Behind the reconstruction of the /vjedical and Dental Schools rest many powerful and influential individuals with a vision of a research center bringing millions of dollars annually into the University's coffers. For the students, what remains is largely an attempt to salvage a university cpmmu.ni.ty. decimated by 16 years of poor planning and misplaced priorities. The victor in this fight would seem to be clear. Yet a sizeable number of UB students have organized an effort to block Squire's closing. This is fueled by the university's failure to provide concrete plans for the replacement of a centralized union on either campus. President Ketter maintains problems designated in the an alternative plan? The distended state of the Universianswer lies in the future of UB ty, the inaccessibility of the According to Dr. Powell, the as a research institution. Amherst Campus, and the lack Report's major criticisms of Lost in the debate over the of cheap housing in the the Dental School involve cur- Dental School is the fact that suburbs, have made the exriculum, financing, hiring, groundbreaking on a new istence of a centralized union salaries, and recommendations Medical School/Research a major need of the UB student for increased interaction with Center is scheduled to occur body. other departments of the this spring. The Medical At a rally on January 27, University, as much as the School will need to use the students expressed their feelspecific recommendation for space in Farber now occupied ings about Squire Hall. "This is the new allocation of space. by the Dental School as con- not just a place to play PacThe Report also notes, fin- struction proceeds to its man," one student said to the crowd of several hundred, "it is a meeting place, a gathering place, and a place to learn." Another student added, "Squire is not just used by students, but by people throughout the community. We learn as much through our interactions here as we do in the classroom." Other students maintained that they do not want to kill the Dental School, but neither do they want to be forced to choose between a union and a new dental facility. They see themselves as the victims of the administration's ineptness. They believe that their activity fees and taxes have gone into Squire and it is therefore their report." Wave of Protest Reinvigorates UB Student Body (photos by Frank Bolz) building. One student pointed out ding it "difficult to believe, scheduled 1985 completion. much less understand," that The plan is to make UB a that 10.000 people use the only $50,000 has been spent on medical research center of na- building daily. Another exministration claims, because the Dental School facility tional importance. Besides the pressed fears about the loss of without a new facility, the since 1962, when it became millions of dollars this will protection and safety for Dental School will lose its ac- part of the SUNY system. bring to the University (schools students engaged in activities creditation. The Dental School If the future of the Dental customarily expropriate 50% at night if there is no central sees no alternatives. Dean School is in a state of emergenof all research money granted place to gather and from Feagans believes that efforts cy, it is more than students to professors), it is a part of a which to leave. fighting to save Squire which vision which sees Buffalo's to postpone the proposed conDr. Powell announced that struction are endangering the has created the crisis. The future as a city of medical he is initiating a lawsuit to stop school. "We do not have the question naturally arises as to reknown. We currently house the taking over of Squire. In option of time," he said. "It why President Ketter and the two highly esteemed research about one week the Citizens has all run out. We go ahead or administration did not foresee institutions in Roswell Park Assembly will file an injuncface the very real threat of loss the needs of the Dental School and Children's Hospital. The tion to halt the of accreditation and imten years ago. If an emergency new medical school would be administration's plans. mediate loss of federal funds situation exists which requires a crowning jewel. When KABOSH leaders Bob for the school." the conversion of Squire Hall it As the costs of private Hayden and Peter Hirshman atPresident Ketter echoed appears to be due to the ad- medical education soar, ÜB, as tempted to gain access to these fears in announcing that a state institution, looks to university records in order to become one of the most pro- determine, for purposes of a the plans could not be postponed without causing minant medical schools in the legal claim, if a prior condition on the original grant to Squire country. This will not be possiseveral years of delay and the depletion of resources and ble without a new facility. If limited the building's use to the Dental School does not that of a student union, their funds by inflation. move to a new building in efforts were blocked by PresiAccording to Bob Hayden, Director of Sub-Board I and a short order, the Medical dent Ketter who called such an leader of KABOSH, a student School plans could be delayed. investigation "nothing more organization fighting to save And that could L>e costly. than masturbation." Although contrary to PresiThe students protesting the Squire, a high source in the American Dental Association closing of Squire believe that dent Ketter's liking, a sizeable the University must not forget number of students are comtold him that a member school the students in its drive toward mitted to a fight to save Squire has never been denied acgrowth and expansion. The Hall. Dr. Powell, addressing creditation and UB would not original 1967 Master Plan call- the students, quoted the great lose its accreditation unless it (Frank Bolz) MichaelPierce ed for a 180 building campus abolitionist Frederick specifically requested it. Crowd Dr. Elwin Powell, Professor Addresses in Amherst, reserving the Main Douglass, expressing perhaps of Sociology, has reviewed the ministration's inept planning Street campus for the Health the growing sentiment of the Sciences. That blurry vision students: Report of the Commission on for this University's future. If the Dental School is not has led to four revised Master "If there is no struggle, there Accreditation. He maintains that "the accreditation crisis is really about to lose its ac- Plans since the original. is no progress. Those who proorganizational not physical; creditation and if for 20 years KABOSH asserts that since the fess to freedom and yet the University has put off Amherst Campus never fully deprecate agitation are men space inadequacy is a correlate not a cause of the dif- significant improvements in developed, the Main Street who want crops without plowficulty the Dental School finds the dental facility, why is the Campus has remained vital to ing. Power concedes nothing without a demand. It never did itself in. The acquisition of administration now claiming the University's well-being. Moreover, the present and it never will." 5<JW'/«.Hall.will not solve the that it has no time to search for that Squire Hall must be converted into a Dental School. This is necessary, the ad- �Vol. 22, No. 6 Opinion ' Policy Statement Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Lee Berger Gary Caines Business Manager: Frank Boiz Staff: Wendy Anne Cohen, Marc Canz, Steven Cetzoff, Marty Miller, Rick Roberts, Robin Romeo, John Stegmayer © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Law School Must Embrace Struggle For Squire Hall The community at large looks toward the legal system to serve as a problem-solving mechanism. The student body is faced with a very serious problem the closing of Squire Hall. Little has been done to pursue the legal options available to the student body in hopes of opposing the unilateral actions of the Administration Bob Hayden, co-chairman of the KABOSH Committee attempted to research the original planning and financing of Squire in hopes of finding some restrictions that might prevent the closing of the Union. The documents themselves were restricted and the matter was referred to President Ketter. President Ketter saw "no reason why the restricted records in the Archives having to do with "prior conditions" should be made available. Furthermore, President Ketter stated "such an exercise would constitute nothing more than masturbation." (Letter dated November 18, 1981 to Mr. Chris Densmore, Associate Archivist, from Robert L. Ketter, cc: Mr. Robert Hayden.) Whether President Ketter's actions were within his discretionary powers remains unanswered. It is our belief that legal avenues are still open to the community. Mr. Elwin Powell, Professor of Sociology, is in the process of filing a Citizens' Taxpayer Action under Article 7(a) of the State Finance Law of New York with the aid of his attorney, Leonard Klaif. This action is being instituted in hopes of preventing the scheduled closing of Squire Hall. Whether Professor Powell's action will prevail remains to be seen. The long struggle to save Squire Hall is not yet over. While the fight to keep Squire open is far removed from the concerns of most law students, our membership in the University Community dictates that we take a more active role of participation in this struggle. When the law school was moved from downtown to scenic Amherst, the rationale for therelocation was the value to be gained from interaction and exchange with other segments of the academic community. Here is an opportunity for the SBA to express its concern for the University Community as a whole and to gain experience and credibility as an organization committed to action and the betterment of univefsity life. We applaud the recent decision of the SBA to form a committee that will look into the Squire matter. As the closing date of Squire approaches, among the last hopes for saving the building is the legal action being initiated by Mr. Powell. In this final effort to save the Union, the contribution of law students could prove to be very significant. — Welcome Back Law Mavens! Next Opinion Deadline: Feb. I Oth All Submissions Considered (and probably accepted) 2 Opinion February 4, 1982 National February 4,1982 Lawyers Guild of interest to the legal comThe Buffalo Chapter of the members of the legal comto know one munity in Buffalo. We are inget can munity Guild is National Lawyers' political- vestigating the possibility of comparatively young. In 1974, another and ofdiscuss importance to beginning a variety of projects issues legal Guild members from across us. For those of us who are law geared towards providing serthe country came to Buffalo to students, the Guild provides an vices and/or information to law defend prisoners accused of opportunity to do progressive students, lawyers and others participating in the 1971 Attica work, as well as to address within the community. We encourage input and welcome all prison rebellion. In the proissues of tantamount importance to law, but not covered suggestions. If you are incess, a Guild chapter was formin the Buffalo law school cur- terested in beginning a Guild ed. After the Attica trials endproject, or working with the ed, the chapter continued. riculum. major focus is Guild in any capacity, drop us our Currently, The Buffalo Guild strives to provide a forum where all to provide speakers and films a note in room 118. Policy Statement In the Public Interest The phrase "public interest law" is perhaps more amorphous in the definitional sense than it was when originally conceived. Certainly, it appears that the legal world, at least, has never been in total agreement concerning the scope of what the definition in- , cludes. The goal of this publication, then, it to provide a lens through which we can bring our concerns and uncertainties into better focus by attempting to explore its origins, — understand its scope, and promote student and professional legal world. We perceive the essence of this project, then, as an interdisciplinary exercise. As such, we welcome contributions from students, faculty, professionals and other interested persons from diverse fields. We welcome, too, articles and analyses which take issue with the assumptions and assertions that will be presented on these pages. interest in its destiny. It is our hope that the journal will provide a much needed forum for analysis and debate of the issues and ideas that will shape the contours of this new and precarious decade. By no means will the journal be restricted solely to a Please submit manuscripts legal analysis of these questions; the ramifications of and/or articles to: Center for In these issues venture far the Public Interest, Room 118, beyond the confines of the O'Brian Hall. Complete the Cost Survey eligibility for every type of financial assistance, including student loans, is determined by the predetermined annual budget, a budget figure of $5000 severely penalized a stu- dent whose actual costs are significantly more than the predetermined figure. In ef- fect, the amount of the annual Financial Aid Advisor |oe Huh (File Photo) by |oe Ruh U.B. law students will be asked to complete the third annual Cost Of Education Survey during the week of February 1-5. The survey, the only one of its kind conducted at SUNYAB, provides the only accurate means of assessing the actual financial burden assumed by students in law school. The survey was first conducted two years ago in response to a university-wide committee's determination that a U.B. law student's cost of education, including tuition, housing, transportation, books, and food, was $5000. The law school believed actual costs were substantially higher, but had no proof. Since a student's budget is the amount of financial aid, including loans, that every U.B. law student is eligible for. In response to the committee's decision, the first Cost Of Education Survey was conducted at the law school. The data it supplied enabled then Associate Dean Creiner, the Registrar, Mr. Wallin, and the Financial Aid Advisor, Jay Marlin, to convince the committee that rather than $5000, the actual costs of a single, iiv dependent U.B. law student were closer to $7800. As a result, law students are currently able to borrow the full $5000 Guaranteed Student Loan, and still be eligible for higher student budget means the family can still borrow up to the full $5000, depending upon how much over $30,000 the family income lies. This year's survey is being conducted in anticipation of the forthcoming budget-setting committee meetings. Since the Governor has eliminated SUSTA for the school year 1982-83, it is critical that realistic, up-to-date cost information is available to Dean Headrick and his staff for their impending budget battle. Every law student is requested to take the twenty minutes required to complete the survey, which is a 40 question, multiple choice type format. The survey will be distributed in class to all first year students, and some of the large upper division classes. Students not contacted in class will be able to pick up survey forms in the vicinity of the second floor mail room. Questions should be addressed to Joe Ruh, Room 314, other financial aid including the school's financial aid ad- TAP, SUSTA, NDSL, ALAS visor, who is administering the loans, Tuition Waivers, survey. Scholarships and so on, depenREMEMBER, if your cost of ding on eligibility. More impor- going to school at Buffalo is tantly, with the new Needs more than $7800, this is your Test imposed on the chance to make sure everyone Guaranteed Loan program, knows it and makes the apwhich limits loans to families propriate financial assistance with incomes over $30,000, the available to you. , Ethics Requirements Released More information has become available concerning the new Multistate Professional Responsibility Examina- have set a scaled score of 72 as ween 80-90 percent. passing, which for most test of3. If the ABA adopts the ferings, will require a raw score new code, the test will emphasize the provisions of the of 32 or 33. tion (MPRE): new code that are not essen2. The passing rate, based tially different from the pre1. The examination has 50 multiple choice questions. The on performance in other sent code, at least for the first State Board of Bar Examiners states, is expected to run bet- few tests. �Yearly Registration Confusion Causes Hardship by Joyce Funda cards are then made available to students and the drop/add Registration for spring process begins on the prescribsemester was a frustrating, ag- ed date. gravating experience accorIn his memorandum regarding to many second and third ding preregistration, Charles H. year students. Complaints ranged from confusion over drop/add days to the early closing of a substantial number of courses. The registration process begins with the students' submission of preregistration forms to the Admissions and Records Office by the required date. Third year students' forms are processed in one batch on a certain day. After Wallin, Assistant Dean and Registrar, advised second and students that drop/add would begin on January 4. However, students inquiring- about drop/add before leaving for the semester break were in numerous instances told by certain staff members in A&R that drop/add would not begin until Jan. 18, the first day of classes. third year Instead, students were the batch and allowed to drop/add the week closed out of classes which may have been open the previous week. Wallin, in an interview on January 27 and 28, offered several observations and explanations for the registration snafu. Observing that Fall 1981 registration was -"much worse," Wallin seemed to be unaware of the extent to which students were dissatisfied. When informed of the confusion surrounding the beginning of drop/add, he pointed out that A&R, although located within the law school, is a satelite of the Main Street A&R Office, and thus not "controlled" by the Registrar's Office. He noted that there was no good reason for A&R not to drop/add before Jan. 18 and in- Wallin ClaimsClosed Class Situation Not Critical (File Photo) Graduation Speaker Selected dicated that future dates will be better coordinated. Turning to the problem of closed classes, Wallin was quick to distinguish between the problems peculiar to Spring 1982 courses and the larger issue of the quantity and/or substantive nature of the of- This year's commencement YaleLaw School and is currentis Jack Greenberg, ly an adjunct professor at ColDirector Counsel of the umbia Law School. NAACP Legal Defense and His current involvement inEducation Fund. Mr. cludes serving on the Board of Greenberg handles the Directors of the New York City New Associates Are Welcomed reviewing satisfied that no major pro- before classes started. Those blem exists within that batch, students who returned to A&R processes all second year register on Jan. 18 according to forms. The course schedule instructions found themselves speaker Supreme Court Litigation for Legal Aid Society and working the NAACP He has argued with the International League numerous cases before the for Human Rights. Mr. court regarding such issues as Greenberg has also authored school segregation, employ- such works as judicial Process ment discrimination, free and Social Change, Race Rela- speech and capital punishment. He has been involved ki such noted cases as Loving v. Virginia, Warth v. Seldin, United Steelworkers v. Weber and Boyton v. Virginia. Mr. Greenberg, a native New Yorker, received both his undergraduate and law degrees from Columbia Univeristy. He has worked with the NAACP since 1949, has served as a visiting lecturer at tions and American Law, and futher co-authored Citizens Guide to Desegregation. The Commencement ceremony will be held in the Golden Ballroom of the Statler Hotel on May 23, 1982 at 1:00 p.m. Other planned Commencement activities include an "82 days till graduation" party at Bullfeathers Pine Lodge on February 25, 1982. This party features unlimited beer, soda, wings and munchies. The charge is $1.00 to all holders of the Buffalo Law School ID. and $4 oo to all other law r students. Another major commencement activity is a dinner dance to be held at the Marriot Hotel the evening of April 16th(more details later). During commencement weekend, there will graduation (night of May 22nd) and a reception following the ceremony the next day. Money for the above ac- 176-138 to reject a proposal to terminate the school's recently The American Bar Associa- granted provisional accreditation has decided to allow the tion. By so doing, the ABA has Oral Roberts Law School to altered its long standing policy keep its provisional accredita- against any type of religious tion. The Oral Roberts University Law School has been in the news recently due to a number of legal and administrative actions pending for and against the institution. At issue is the school's practice of restricting student enrollment and faculty membership to those adhering to fundamentalist Christian precepts. The Oral Roberts Law School has a policy of requiring students to sign an oath as to their fundamentalist beliefs. Faculty members have a similar obligation to adhere to the teachings of the Oral Roberts Church. The ABA ostensibly has a stated policy against religious discrimination, but made an exception in this case after an Oklahoma judge issued a preliminary injunction against the ABA and in the law school's favor, prompting the ABA to grant the law school provisional accreditation this summer. Last week, the ABA policy body voted ASSIGNMENTS Six students were welcomed as new second year associates for the Buffalo Law Reivew at a party in the Review office on January 21. Stephen Barnes, Julie Dee, David Doughtery, David Long, Jim Meltzer and Jim Mulley are now fullfledged members of the Review, assisting in the publication process for upcoming issues of the Review and various office duties. the Buffalo Law Review. Topic proposals were varied, including the first amendment rights of high school students, the search and seizure powers of the Food and Drug Administration, a survey of "Belle-Terre" type zoning restrictions for unrelated persons in single-family residences, the Supreme Court's interpretation of Indian treaties, a state's liability for negligent re/ease of a parolee and an examination of the Supreme Court's recent decisions on car searches and seizures. "We are very pleased with the results of the Writing Competition," said Editor Jon Malamud. "The new associates are fine examples of the type of students that the competition program is supposed to reach but who aren't reached by the Spring Case Note Com- tivities is raised through the sale of Buffalo Law School The Writing Competition I.D.'s (in front of the Library). Buy the ID. and get great program began on September deals on movie tickets, drinks 7 last semester with 21 topical proposals being submitted. By and wings. November 2, the competitors had been reduced to seven students by Writing Competition editors Peter Kaplan and discrimination within the Jon Malamud. Second drafts academic context, and has by these seven students were allowed an exception where evaluated by the entire thirdthe accreditation relates to law year editorial board and the six schools with religious affilia- students were invited to join petition." Fundamentalists Cow ABA by Ralph W. Peters be a cocktait* party at the Marriot Hotel the evening before by Barbara Kavanaugh fered courses. He suggested that criticism or suggestions for change be directed to the Academic Policy and Program Committee. Part of the closed course problem is due to the relatively large sizes of the second and -continued on page 6 tions. LAW STUDENTS (Spring Semester) Student Activity Fee Waivers Last Day To Apply Wednesday, Feb. 10 Applications Available in SBA Office Room 101, O'Brian Hall determining February 4, 1982 Opinion 3 �Sub Board Provides Services by Barbra Kavanaugh $5000 to campus groups in order to publish two issues of Would you pay $18.50 for any special interest publicafree or discounted prescip- tion during the. year. In fact, tions, films and concerts, for this board has paid half of the free special interest publica- printing costs of In the Public tions, counseling, an oncampus "music room" and legal services? Terrific, because you already have. to Alan According Rosenfeld, SBA representative to Sub-Board I, Inc., law students give $15,000 in student fees to Sub-Board, which receives a total of $300,000 each year from all U.B. students. Yet, law students rarely take advantage of SubBoard's programming and services. For example, the U.U.A.8., a division of Sub-Board, offers substantial subsidized concerts, films, dance and theatre presentations as well as the annual Folkfest. These events are free or discounted for students, but "for some reason, law students don't come to this type of thing very much," said Rosenfeld. "Maybe it's poor advertising, or this type of programming doesn't appeal to law students, or maybe they just don't have the time, but I don't think that's it." The U.U.A.B. is just one of three divisions operated by Sub-Board. The Publications Division funds Current Magazine, and the Innovative Publications Board gives up to Interest for two years, with the SB.A. picking up the rest of the tab. "This is an opportunity for law students to get something published or give them something to read which will introduce new ideas and perhaps attract more creative people to the University," said Rosenfeld. I "Deep down, think that Sub-Board's primary function is to make the University more counseling and workshops for those who choose abortion and those who do not. The Administrative Division also runs University Press on an "income-offset" basis, offering printing and resume service to law students at very low rates. The Squire-Amherst Division is responsible for the OffCampus Housing Office and Croup Legal Services. According to Rosenfeld, "GLS could provide clinical experience for law students in providing low cost legal protection to the university community in such areas as landlord-tenant law and consumers' rights. Unfortunately, few law students testing, "Also through the pharmacy and the Sexuality Education Center," Rosenfeld continued, "all birth control devices are available at drastically reduced fees. This is where the price difference is most dramatic because there is no mark-up and we can get special clinic prices ourselves. We can actually sell birth control devices and pills cheaper than offcampus pharmacists can buy them." In addition, individual counseling is available at the Sexuality Education Center, and there are several programs for pregnant women, including . have taken advantage of this program." This division also operates the Browsing Library/Music Room on the Main Street Campus. This is a big, comfortable "living room" where students can, read or use listening booths to listen to music. "Not too many law students use the room now, but when it moves to the Amherst Campus it will be a really nice place to read, listen to music and relax. The point is that, for roughly $18 each, law students are being provided with films, concerts, cheap prescriptions, special interest publications counseling and more. You've paid for it, use it. These days, it's hard to find a better deal. Hiring Process Underway attractive and to draw people to U.B. by offering day care, health insurance, legal protection and concerts." Five prospective law faculty The Administrative Division members have been interviewis responsible for running the ed on campus during the last pharmacy on the Main Street two weeks. For them, it was the Campus. Law students on the final step in the continuing health insurance plan may get recruitment and selection protheir prescriptions filled for cess. free and others can buy While the final decision on prescription drugs at discount which candidates will be ofprices. fered positions rests with the "Our big problem is the faculty as a whole, the initial struggle each year to make screening and selection sure that the pharmacy doesn't responsibility lies with the make any money, because we Faculty-Student Appointments are committed to running it as Committee. an 'income-offset' operation. Although the committee During the flu season, we acreceives direct inquiries from tually lower prices. All applicants and referrals from prescriptions are drastically sources within the profession, cheaper than in off-campus the basic source of candidates pharmacies. is the Association of American Faculty Register. publications, references, and ethnic Those wishing to teach in an gender, American law school file a background. resume with the Register. A At committee meetings each one-page distillation of the prospect was briefly discussed resume is sent to each law and then loosely ranked from school. The Association then high to low on the basis of the Law Schools conducts a two-day mass interviewing session to facilitate the law schools' preliminary selections. and Last October November, the Appointments committee members read interest of the committee in interviewing him or her. Using this ranking, appointment slots were filled for Buffalo's interviewers, Dean Thomas Headrick and Associate Dean John Schlegel, at a December several hundred of these 4-5 mass interviewing session forms. Each one briefly listed in Chicago. the candidate's academic The interviewers then probackground, honors, teaching vided the full committee with experience, present employ- the impressions gained during ment, teaching preferences, these half-hour interviews and —continued on page 6 geographical preferences, SPRING MIXER Sponsored by SBA Social Committee Friday, February 5,1982 9:00 p.m.-1:30 a.m. at Three Coins Banquet Room 1620 Niagara Falls Blvd. $3.00 TOT LdW StUdentS (Law School I.D. must be presented at door) $6.00 for Guests ALLthe liquor, beer and soda you can drink, after 1:30 drinks are $1.25 FREE wings, potato chips, pretzels Music and Dancing Note: Please park across the street in the K-Mart parking lot. Ties are requested. 4 Opinion February 4, 1982 / | I f \ff\j \\ c°»'^- �Faculty Update A few law students may still remember the name of Grace Blumberg. Ms. Blumberg was a UB Law graduate who later became a member of the facul- Grace Blumberg at UCLA (R.W.Peters) ty at this institution, teaching here until leaving for UCLA Law School in 1979, ostensibly on a leave of absence. She subsequently decided to remain in the City of Angels, and now teaches Property and Equitable Distribution at UCLA. A far ranging Opinion reporter had an audience with Ms. Blumberg this past semester break. Speaking to the professor in her cluttered office in the UCLA Law building, the reporter got the distinct impression that the exUB professor enjoyed her new home, and enjoyed teaching at UCLA. She praised the local students as being very bright, but remembers her UB students as being better prepared and more apt to attend class. She gives her regards to all those who knew her during her stay at ÜB. Heads Up, Hams!!! An Open Letter to Students and Faculty: All Law and a chance for everyone to laugh with (or at) their friends. We need singers, musicians, LAW REVUE IS COMING!! interested in workFourth Annual Law Revue Show is invited to attend a general meeting on Tuesday, February 15th, at 3:15 p.m., in the first floor lounge. The show itself will be better than ever. It's been set for April Ist at 6:00 p.m. in the Talbert Dining Hall. There'll be plenty of liquid refreshment, and we willnot be under the time constraints that were faced in the Pub the past several years. For all those who either don't know, or can't remember, Law Revue is the Law School's annual showcase for all of its-talented denizens, Anyone ing on the , comedians, and anyone with any presentable talents. You are all encouraged to participate. The show will have a house band to accompany anyone who'd like to perform. The target date for rehearsals is the week before spring break, so start thinking about skits, and tuning up those instruments. Look for future announcements in the Opinion and in front of the library as to meetings and deadlines. For now, any questions should be directed to Jeff Shein (Box Rich Wiebe (Box 621). 578), or A splendid time is guaranteed for all!! The SBA Law Revue Committee The Gem of Local Pizza by Marc Ganz As a native New Yorker, I yearn for the taste of real pizza. Not the dry, tough "garden variety" pizza to be found in the Buffalo doldrums. But real live pizza, the kind that wakes you up when you're down and keeps you feeling good the rest of the day. Ray's on the upper east side, and V&T's on 110th Street are the pizza places I prefer the most: a gourmet's delight. Last week, we ventured to a pizza lover's paradise: Syracuse's Pizza Plant, in the Clarence Mall in Williamsville. They serve a stuffed pizza that is delicious. This gastronome's equivalent to orgasm consists of a bottom crust, a top crust enhanced with a rich tomato sauce, mozzerella, and other ingredients in between. In our icase, we chose the homemade sausage and onions to complement the cheese and tomato sauce. It was made from scratch, like any other great parlour's pizza, and it was obvious from the smell that we were in store for a great meal. The medium (10") pizza sells for $5.80, plus $.60 for each additional ingredient you order. It is well worth the price to allow your body the pleasure of stuffed pizza. The Pizza Plant also serves The Pizza Pod, consisting of a fresh loaf of french bread with your favorite fillings inside, or the conventional pizza, oozing with cheese wherever you turn. Beer and wine are also serv- ed and we recommend the Holstein German beer, which is a touch above your usual brewski. The restaurant's interior design is attractive, with nice wooden tables and a quiet, mellow atmosphere that contributes to a good meal. Bocce's: eat your heart out. True class exhibits itself in Syracuse's Pizza Plant, a true culinary delight. There are perhaps one hundred or more pizza parlors in Buffalo. Yet we have found no pizza that even approaches the fresh, rich and zesty taste to be had at Syracuse's Pizza Parlour. Try it yourself. You'll see. SBA Sub-Board Representative Position Open—All Those Interested Please Sign Up in Mailroom Those interested in becoming representatives to the Young Lawyers' Division of the NYS Bar Association will find a sign up sheet in the mailroom as well. BUTTNOSE L*yeiiHr£>ii?7 0/^AwpixccwMa 3Y KELLY &LEVINE February 4,1982 Opinion 5 �Loophole by hal malchow Registration Confusion... —continued from page 3 third year classes (280 and 305, respectively) according to Wallin. He noted that the school is attempting to expand the full-time faculty and that a firm lower enrollment limit has been imposed for next year's incoming class. Wallin noted that students compound the registration problems. For example, approximately 60 percent of third year schedule cards reflected registration for five courses SUMMER LAW STUDY in Guadalajara London Oxford Paris Russia Poland San Diego - For information: Prof. H. Lazerow U. of San Diego School of Law Alcala Park, San Diego CA 92110 6 and twelve third year students registered for six courses. Wallin asserted that it is unlikely that that many seniors are taking five courses, let alone six, but that they register for an additional course for 'insurance." The result, of course, is that second year students were closed out of classes that in reality weren't full. Further, many students don't register for alternate courses on the preregistration form. Wallin asserted that this is one indication of poor planning by students and if utilized would reduce some of the frustration of registration. Acknowledging that some courses are simply more popular than others and therefore closed early because of demand, Wallin's position was that the closed class situation is not as critical as it might seem. For example, using enrollment figures taken from a January 28 computer list, he pointed out that the following courses are among those still open for enrollment: Collective Bargaining, Criminal Procedure, Corporations 11, Evidence, Evidentiary Problems, Estate Planning, Tax 11, Securities Regulation, EmployDiscrimination, ment Remedies, Legal Order and Constitutional Law IV. Because it is common for students to register for a course and later decide to Opinion February 4, 1982 drop it, Wallin emphasized that the closed status of a essentially giving his or her suggested that correctly permission for a student to preregistering after thoughtful register even though the planning would help avoid course can change daily. Citing Commercial Paper as an exam- course is closed on the comple, Wallin noted that the puter. He said that the majoricourse had an enrollment limit ty of faculty members will of 81 and 85 additional force at least 10 percent of the students attempted to register enrollment limit in anticipafor the course. The January 28 tion of offsetting those who data, however, showed enroll- drop the course. Emphasizing ment at 78. Wallin said that if a the general willingness of the student really wanted to take faculty to force register, he did the course, repeated attempts acknowledge that there are a would have been successful as few members who, for various evidenced by the January 28 reasons, choose to limit class "open" status of the course. size. Wallin also advised that the faculty has been "educated" about forced registration — registration disappointments. While noting that second year students had the most difficulty with spring registration, he pointed out that as third year students they will have first choice in all courses. For early planners some of the offerings for Fall 1982 will most likely mclude: Gratuitous Transfers, Agency and Partnership, Criminal Procedure (possibly), New York Practice, Recognizing that registra- Trial Technique, Labor Law, tion can be difficult under the Family Law (possibly two secbest circumstances, Wallin tions) and Corporations. Hiring Process —continuedfrom page 4 with more detailed resumes. The committee decides which of these candidates or other prospects from alternate referral channels to bring to Buffalo for more intensive scrutiny by faculty and students. The five recent visits, one last semester, and possible additional visits this semester give the law school community the opportunity for input into the decision. Each candidate comes for one or two days filled with half-hour appointments With individual or small groups of faculty members. One hour is allotted for any in- terested students to meet with ... might have received. Appointment committee In addition to Deans members gather impressions Headrick and Schlegel, the from their constituencies and faculty is represented on the assess both the qualities the Appointments Committee by applicant can bring to the law librarian Marcia Zubrow and school and whether he or she Professors Robert Berger, has generated sufficient sup- Louis Del Cotto, and Janet Linport within the faculty for apdgren. pointment. A favorable committee report places the quesStudent committee tion of tendering a formal offer members Nelson Aviles, Tom before the faculty at its next Bantle, Robin Romeo, and meeting. The faculty's positive Alan Solarz were appointed by vote will bring the candidate the SBA. Anyone desiring furto Buffalo contingent upon ther information on prospecnegotiations as to salary and tive candidates or wishing to teaching responsibilities con- express opinions on them ducted by the administration should contact any of these and other offers she or he members. the prospect. �MR. STAN CHESS, Director of Bar/Bri will discuss the N.Y. Bar Exam and the Review Courses TODAY, Thursday, Feb. 4 at 3:30 p.m. in Room 106. Refreshments will be served. DISCOUNT DEADLINE FEBRUARY 18 First & Second Year Students—SA YE $150 off regular price price: $525 plus book deposit if enrolled by Feb. 18 Seniors—SAVE $25 off regular price price: $550 plus book deposit if enrolled by Feb. 18 PROFESSIONAL RESPONSIBILITY (MPRE) Test Date is Friday, March 12. February 12 is the deadline for registering for the test. BAR/BRI has registration forms available. ALL JUNIORS and SENIORS may take BAR/BRl's MPRE Review Course for NO ADDITIONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. For information on any of these programs, see one of these BAR/BRI representatives: Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ann Demopoulos Ellen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Leander Hardaway Tanya Harvey Judy Holender Lori Marian Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Joe Ruh Steven Sheinfeld Jon Solomon Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ BAR/BRI The Review Course Taken By More People Studying For the N.Y. Bar than ALL Others Combined. February 4, 1982 Opinion 7 �Super Sunday Caps Spectacular Grid Iron Season by Steve Getzoff ' Last Sunday's events conone of most excluded the citing and successful NFL campaigns in recent history. An unprecedented number of teams were in contention for a playoff spot going into the final weeks and several perennial cellar dwellers suddenly found themselves in postseason competition. Aside from the 49ers, who recorded the greatest improvement in a single season since the 1970 realignment, and Cincinnati, who succeeded in literally turning the AFC Central division upside down, the greatest surprise had to be the Giants, who at the start of '82 suddenly found themselves in the second round of the NFL playoffs. Actually, none of the players really knew what a playoff was, but over the last 15 years the team had heard rumors to the effect that there was such a thing after the regular season had concluded. The Giants also found themselves with a host of supporters who in years past displayed as much interest in the team as a third year law student in April, and who were now boasting about "their" Giants. The Jets also brought some joy to New York with an amazing turnaround after a disastrous start, losing only to Seattle in the last 13 weeks of the season. In the playoffs they spotted the Bills a rather substantial lead causing what might have been a miraculous comeback to fall painfully short. Other unique developments in 1981 included a sudden resurgence of the home field advantage. Dallas, Detroit, Denver and Buffalo combined for a 30-2 record at home and a 10-22 record on the road, with only the Giants having a better record away from home. The 1981 season also saw record-setting attendance figures and major improvements in the TV ratings for all but NBC, whose ratings mysteriously dropped a few fractions. Once Bryant Cumble is gone next year they'll be lucky to break double figures. Of course CBS, despite forcing its viewers to suffer with Jimmy the Greek (if the NFL doesn't accept gambling on football as legitimate, why do they allow both networks to bring on bookies to tell the fans how to bet the spread) and Co., has the good fortune to be affiliated with Middle America's team, the Dallas Cowboys, whose image would make Jerry Fallwell look like a hippie. The S.F.-Dallas playoff game received a 41 rating while the Cinn.-S.D. game the same day had less than half that number of viewers. The new prosperity of the NFL may be shortlived however, because of serious differences of opinion between players and management over some critical issues, and last summer we learned the natural and probable consequences of such a problem. The players want a substantially larger portion of the teams' revenue applied to salaries, the removal of all astroturf surfaces and compensation for everything short of a toilet training mishap as a footballrelated injury. Needless to say the two sides are gridirons apart and it will take more than a few Joe Montana bombs to bring them closer together. If no major changes occur in this matter during the off season, the words 'Black Sunday" may take on an entirely new meaning next fall. As long as the topic of the day is labor disputes, it may be interesting to note that the NBA barely averted a strike when it arranged a last minute settlement on grievances brought by John Havlicek and other assorted ex-pros. How many of the players would have given up their five-figure weekly paychecks over the issue isn't known, however. The season itself is anything but unusual, as the usual powerhouses are in control, although league leading Boston lost consecutive home games, for the first time in two years. The Celtic's depth has set them a step above the rest of the league, especially with Darryl Dawkins out for a few months. The Lakers, coached by whomever Magic Johnson doesn't dislike this week, lead the west. In fact it is rumored that next Magic is going to insist that the Lakers provide catered shootaround, bimonthly practics and will insist that the league schedule all Laker games in Los Angeles so he won't have to travel (From Peter Vescey's column, N.Y. Post). The improvement of the year has to be the Seattle Supersonics led Dγ all star forward Lonnie Shelton (for Marvin Webster, remember?) and all-star guard Gus Williams returning from a one-year sabbatical. � * * With Isiah Thomas leading the Detroit Pistons all the way into fifth place, dominance in the NCAA belongs to the. ACC again, as North Carolina and Virginia appear headed for the first intra-conference final since Indiana beat Michigan in '76. Georgetown and Villinova have helped revive the sport in the Northeast, with the Big East Conference becoming one of the better ones in the na- tion. In addition, Canisius and one is reminded that the ice St. Johns have provided their hockey season is in full swing, respective cities with excellent with 7-Up phenom Wayne Gretzky headed on a collision basketball, usually reserved course with every scoring for the other cities. in record in the books. He and his UCLA discovered November that even the highly underrated supporting cast (Grant Fuhr and Mark almighty dynasties are not immune from the wrath of the Messier to name a few) have Edmonton in contention with NCAA, and was placed on probation. In a few years writers the revitalized Sabres for best will be selecting the top twen- record in the league. Buffalo ty and the two or three teams has been aided immensely by on the list not on probation McCourt and Foligno arriving will play for the national title if in a trade that most fans apthe current trend continues. proved of once they evaluated The NCAA has placed itself in it with their heads rather than the unpleasant position of at- their hearts. Unfortunately, tempting to strictly enforce unless you are one of the few rules that have for years been who subscribed to the Video casually ignored. Finding a Season Blackout package, the school with a totally clean team is only a distant image record will be about as easy as heard on radio. Herb Brooks's beginning to finding a virgin at an orgy. mold the Rangers into his type * * * Probation also affected of team, with a few necessary several football programs in modifications, and the Rangers ■'81, including the impressive have shed much of their early inconsistency, and moved into Miami Hurricanes, who overwhelmed several top twenty third place ahead of the teams en route to a 9-2 record. Penguins, while the Islanders Clemson brought a well- and Philly battle for first place deserved title to the ACC for (whatever that's worth). the first time since the days * * * Finally, amidst the chill of when Prosser was beginning law school with an impressive winter, baseball again merges thrashing of the Cornhuskers in the sports headlines, this of Nebraska in the Orange time in the form of allegations Bowl. To recite all. the bowl by Marvin Miller that the game results would require a. owners are m collusion in an treatise rather than an article, effort to keep free agent offers so for now it'll suffice to say down. The fact that Miller conthat Perm State, Pitt and Texas siders offers within the realm all can make a legitimate of the feasible as evidence of claim for the No. 2 spot after collusion only demonstrates bowl victories over Georgia, how absurd his position has USC and Alabama respectivebeen.all along. Besides, Reggie ly. Most significantly Perm was recently offered close to State removed the cloak of in- $1,000,000 per year plus 2/3 of vincibility worn by Marcus the upper deck and bleachers Allen all year, possibly reopen- by the California Angels. If onning the issue of who will be ly sportswriters could receive a percentage of the salaries of drafted first in April. the guys they write about, I * * * Driving through the Amherst wouldn't have to send out so campus parking lots this week, many resumes .this year. _ . Law students at Harvard, Stanford and Illinois want them, but only U/B Law students can get them! What are they? Law School I.D. 's! Purchase your law school I.D. for $10 and develop your social skills at events like these: (and at very special prices!) Bullfeather's Lodge 3480 Millersport $2.50 pitchers G.C. $1 mixed drinks $1 off double wings 7 days a week P.J. Bottoms 3270 Main St. $2.50 pitchers Strohs $1 mixed drinks $1 off double wings 7 days a week Pierce Arrow 1680 Elmwood $2.25 all pitchers 75 C mixed drinks, 8-11 7 days a week Scotch 'N Sirloin 3999 Maple all beers 75 C happy hour on all mixed drinks Sun., Mon. (1/1/82), Tues., Wed. Boulevard University Thruway Eastern Hills Summitt Park "| > Cinemas } 82 days party (Feb. 25) dinner dance (Apr. 16) \ f All performances only $2.25 with tickets purchased at Law School. Good anytime—day and night. Good at all General Cinemas in the U.S.—including NYC! reduced admission to these events, which last year resulted in marriages, divorces, hangovers, a view of the dean in his tuxedo and set the standards by which all social events are now measured All proceeds from the I.D.'s will be spent on student activities. SPECIAL PRICES GOOD UNTIL MA Yl Get your card at the table near the library. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-02-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/4/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/664f6272e6f78186b376ff7172471658.pdf 9540f55a91001b77d8d2ef9f7b16ef22 PDF Text Text Syracuse Law Graduate Fills Canfield's Position by R.W. Peters In keeping with this goal, Ms. Garcia will be attending SBA meetings, meeting with the heads of the various law school organizations, and making herself available to the law student population in need of an advocate or counsel. She will of course be a key voice in student admissions and faculty recruitment. Her position should be called Law Student Ombudsman. Instead, Vivian Carcia's title is the rather intimidating one of Assistant Dean for Admissions and Student Affairs. Ms. Garcia, a graduate of the Cornell School of Labor and Industrial Relations and Syracuse Law School (Class of '81), began working at UB Law in late December of 1981. She is replacing the notable Alan Canfield, who occupied a similar position prior to assuming his current job with the Division of Undergraduate Education. Ms. Garcia was hired as a liason between students and administration. Any serious gripe with school policy should be channeled through her. The recent BALSA convention has occupied the bulk of Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 New Assistant Dean appreciates level of morale at UB (Kevin Moran) Ms. Garcia's efforts up to this She was pleased with the smooth passage of this complex event. With the BALSA regional over, Ms. Carcia will have far more time to devote to the point. needs of the entire student body. "I want to stress that my concerns rest with the entire not just with student body the minority student population," said the new assistant dean. — activism at UB to be very high," stated the enthusiastic Garcia. "If my initial impression is borne out, it will be a great pleasure to work for this institution." Ms. Garcia is married, and currently resides in the Allentown area. She appreciates that locale for its nightlife, its varied architecture, and its With only a month or so of sense of neighborhood. As for recreation, she likes her new job "under her belt," nothing more than a brisk as it were, Ms. Garcia is undoubtedly still getting her sea game of squash, a sport sheadlegs with regard to her present mits to picking up while at employ. However, she men- Syracuse. She is also partial to tions that so far she has found a good game of low stakes her work environment to be ex- poker, and wonders if such actremely pleasant, and the town tivity exists at UB Law. If so, itself to be very liveable. She is she wouldn't mind sittin' in. In addition, Ms. Garcia also especially impressed by the attitude of the students at UB breeds birds, Australian Zebra Finches to be precise. Only Law. time will tell what she will find "Compared to Syracuse, I've more fragile Finch eggs or found the level of morale and law students' egos. — Opinion Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." CB3 Volume 22, Number/ — H.L. Mencken State University of New York at Buffalo School of Law February 18, 1982 U.B. —Sponsored BALSA Regional Termed A Success by Michelle P. Wong Region of the Black American Law Students Association. Second year U.B. Law I cinder Hardaway, president students Sylvia Fordice and of U.B.s BALSA Chapter, took Angela Reyes tied for best oral primary reponsibility for advocates in the preliminary organizing the event. rounds of the Frederick L. Participating schools in the Douglass Moot Court Competi- Northeast Region included tion Northeast Regional U.8., Boston College, Hofstra rounds held at U.B. Law School University and Harvard Univer- sity, which sent two teams. this weekend. The competition was the This year's distinguished panel featured event of a three day of judges included Judge convention of the Northeast William Murphy of City Court, Baltimore, Md., Rose Sconiers, Executive Attorney, Legal Aid Bureau, Buffalo, Carl Cooper, professor at the University of Pittsburgh Law School and Joseph Feaster, Esq., director of the Boston Chapter of the NAACP. Conference activities were held at the Marriott Inn and at the Law School. The convention was a landmark occasion in the history of U.8./s BALSA Chapter for two reasons. First, SUSTA Again Imperiled by Marc Ganz The State University Sup- plemental Tuition Assistance program (SUSTA), currently giving 25% of SUNY-Buffalo Law School's students financial aid, has been eliminated from the New York State Executive budget, according to Governor Hugh Carey's office. This is' the second year in a row that the law school's financial aid program has been removed from the Governor's budget, and last year it was only after an intense lobbying effort by Dean Thomas Headrick that the SUSTA program was restored by the New York State Legislature. < According to Student Bar President Robin Romeo, the fight will be harder this year than in years past, "but not impossible." Romeo said, "Our strategy is to apply tunity Program (EOP), with pressure on state legislators more students seeking money early, and en masse." She went out of the EOP pool. Meanwhile, in Washington, on to say that tables would soon be set up where students it was learned that President will be asked to write letters or Reagan's proposed budget phone their local senators and eliminates guaranteed student assemblypersons. loans for graduate students, inThe SBA President said that cluding law students. The Dean Headrick would be ac- Reagan Administration has tively contacting leading proposed that students turn to legislators, especially those the Auxiliary Loans to Assist from the Western New York Students (ALAS) program, region. "Dean Headrick's ef- which charges 14% interest a forts last year were greatly apyear, as opposed to the 9% a preciated, and we hope that he year for current federal loans. applies equal pressure this the SUSTA and If year," Romeo added. guaranteed student loan proStudents are eligible for posals are adopted, it is likely SUSTA if they receive maxthat many law students will imum Tuition Assistance Prohave to drop out of law school. gram (TAP) payments'. There is One law student's reaction to a feeling among law school adthe proposal was, "This may be ministrators that if the SUSTA my first and last year in law program is eliminated, there school. Without the grant and will be massive pressure plac- loan, I could not possibly be ed on the Economic Oppor- going to law school." (Mitch Stein) Frederick Douglass Competition finalists |ohn Carr, Cecil McNabb, Paula Stepter and Louis Brown it brought recognition of Buf- attorneys-to-be. The competi- Hardaway's presidency, as he intends to become involved with the organization at the na- hone their lawyering skills and to achieve a standard of excellence measured in competition on both regional and na- falo's chapter and second, it tion was founded as a vehicle marked the culmination of for law students of color to tional level. The meeting was a chance for Black American law students to come together and talk about the future directon of BALSA. This concern was echoed by Judge Murphy in his keynote address. The judge stressed the potential of new avenues of progress at tional levels. This year's problem centered on the issue of vote dilution in Burke County, Georgia. The question presented concerned whether at-large voting as opposed to district voting invited invidious discrimination. The main case BALSA'S disposal in directing on which the problem hinged its own future. was Rogers v. Lodge. Adding a The Frederick L. Douglass real life dimension to the comCompetition showcases the petition was the fact that this oratory skills, the legal writing case is presently being talents and the quicksilver litigated. reactions of neophyte continued on page 6 — �Opinion Vol. 22, No. 7 SBA To Fight For SUSTA February 18,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Business Manager: Barbra Kavanaugh Earl Pfeffer Gary Caines Frank Bolz Contributors: Bill Altreuter, Kevin Moran, Jim Newman, Alexander Plache, Mitchell Stein, Michele Wong Staff: Wendy Anne Cohen, Marc Ganz, Steven Getzoff, Marty Miller, Rick Roberts, Robin Romeo, Joe Ruh, John Stegmayer © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo SUSTA is Necessary It appears that once again the 25% or so of UB Law students are in danger of losing their SUSTA grants. Governor Carey has again proposed that this line of supplemental assistance be axed from the 1982-83 budget. This move points up the fundamental lack of commitment by the Carey administration to publically funded education. SUSTA funds, not even totalling $300,000, are deemed expendable, while the Governor found it expedient to pull $140 million out of the State's coffers for Syracuse University's Carrier Dome. Additionally, Carey recently gave his support to a state gift of $31 million to RPI. What gives here? The SUSTA grant, in many cases, means the difference between law school attendance and dropping out. If Carey's intention is to have a legal profession comprised solely of the landed gentry, then SUSTA should be discontinued. Such a cut, combined with the Federal Government's expressed plan of backing out of federally subsidized student loans, will soon put a legal education out of reach for all but the wealthy or the lucky recipient of the occasional scholar- ship. The fight for SUSTA is an important one, involving more than the small grant alloted to individual students. We urge all to join in the fight to save SUSTA. ELECTION FOR PHOTO EDITOR Today, 3 pm, Rm. 724 envelopes, stamps, a sample plans to cut 66% of it. This cut is ridiculous and our legislators letter, and a list of the issues. must be made aware of the University The SUSTA (State Why fight the SUSTA cuts? Tuition For several reasons: 25% of fact that we don't want it cut. Supplemental Assistance program has once the student body receives All law students would be effected and are encouraged to again been left out of GoverSUSTA, a cut would have a help in the letter writing cambudget. proposed nor Carey's "rippling" effect on the other Last year the elimination was available financial resources, paign. In other SBA news, a student effectively halted through ef- and the law school as a whole opinion poll regarding grade forts made by law students and would be effected. changes is being researched. Dean Headrick. SUSTA is an additional grant possibility of additional To stop the elimination an of $600 per semester to The vending machines and/or a number of senators optimal who receive the full food change is also being and assemblymen must be students award of $300. This researched. Distinguished contacted and appealed to, to TAP 72% of tuition cost. Visitors Forum will be bringing eliminates vote against and help fight the effect would occur Daniel Ellsberg to speak at rippling A the cuts. on the other financial aid pro- law school March 17. Later in Many issues will be the subgrams, causing fewer students the year Sen. D'Amato and ject of concern in this year's overall to receive aid should it Sen. Moynihan are scheduled budget, so the most effective be cut. NDSL/Work-study and to speak. An SBA Subtools we have in getting state waivers are a limited committee has been formed to tuition legislators enlisted in our funds, which extend to research the issues and compool of behalf are time and numbers. greater number of students pile a resolution regarding We have to reach them en a as SUSTA provides a gap-filler. Squire Hall. The board has also masse and soon. Cutting SUSTA would mean recently voted to allocate The SBA voted in a general less aid to go around in general money to: The University Wide board meeting to take on the and would enable a smaller Day Care Center Committee SUSTA fight as its major visiof needy students to for costs of a feasibility report; ble political cause of the number attend law school. This would the N.Y. City Interview Prosemester, on behalf of the diversity in the gram; Association of Women less result in students. It was decided that less appeal Law Students to hold a conbody student and the most effective way of reaching our legislators is to come to SUNYAB/Law ference on infant formula School. marketing in Third World through a letter writing campaign by the entire student SUNYAB/Law School is the Countries; the C.S.A. to help body. The SBA has set up a most expensive state- sponsor the First Annual Setable outside of the library pro- supported law school in the cond Semester Dance Boogie; paper, a list of country. TAP and SUSTA are and Moot Court Board for additional costs incurred this senators and congressmen and the only state means of finantheir addresses and districts, cial grants and Carey's budget past competition. by Robin Romeo Sally-Mae Adds Flexibility by Joe Ruh For example, assume you graduate with $5000 in NDSL SPECIAL FOR GRADUATING loans and $15,000 in GSL loans outstanding. Also assume that SENIORS: you would elect to use the reduce monyour You can thly student loan payments maximum time currently while you establish yourself in allowed to repay those loans, your new career. On January 1, currently 10 years for both 1981, Congress authorized the NDSL and GSL. The typical Student Loan Marketing monthly payment would be Association (Sallie Mac) to about $230- per month, for ten years. You will be expected to begin offering various repaythose payments six to begin ment options to students repaying their student loans. nine months after graduation. Sallie Mac offers three opThe purpose of the program is to provide students easier tions, all keyed to a longer repayment options and hopefully avoid default on the loans. Sallie Mac is the student loan equivalent to Fannie Mac (remember Property 2 ?). Sallie Mac functions by paying off all your credits in a lump sum, and working out a personally tailored repayment plan with you. The advantage to the institutions is that they receive their loan proceeds back quicker, and can then make more loans to students. The advantage to you is that you can spread your payments out over a longer period than the ten year maximum currently allowed by student loan legislation. Although it is a non-profit agency, Sallie Mac is directed by Congress to become selfsufficient, requiring no annual federal support. Accordingly, when it consolidates a student's 3% NDSL loan and the student's 7% GSL loan, the new loan carries a single Intent rate of 7%. The beneficial interest rate on the 3% loan is lost, but the repayment options under Sallie Mac might still make consolidation attractive. Opinion 2 February 18, 1982 payments at $230 per month for 10 years are $27,600, whereas at $155 per month for 20 years total payments are $37,200. However, before dismissing the options offered by Sallie Mac as too expensive, it is important to remember that great tax concept the Present Value of Money. Unless the prevailing interst rate falls below 7%, it may be to your advantage to take the money you would have used to pay off your loan early (the difference between $230/month repayment schedule. and $155/month, or $75) and inOPTION 7 stead invest that $75 in an area Rather than paying $230 per which can return you interest month for ten years, under Op- at the prevailing rate, say 15% tion 1 your payments are $155 or so. Or, use the money to buy per month for twenty years (or food and pay the rent. In either any term less than twenty that case, with inflation around you choose). The payment 10% annually, that $155 is gostays constant over the whole ing to seem awful small in term of the repayment. years 15 through 20 Option 2 I obviously cannot endorse In anticipation of your the program. However, I can career starting slow, but pick- offer it to you,for your inforing up steam later on, under mation and further scrutiny. Option 2 you pay $125 per The ideal time to get into the month for two years, with program is just when your first gradual increases every two loan payments are due. years, to a maximum of $216 Therefore, you should begin per month for years 19 and 20. filling out the application Option 3 material about four months For the fast mover, who ex- before that date to give the pects quick earning increases, system time to work. You can Option 3 offers a variation on write away for information and Option 2 reducing the term to applications ahead of time to any amount less than 20 years, the following address: with corresponding larger inThe Student Loan Consolidacreases every two years. For tion Program repayment in 15 years, for exP.O. Box 1600 ample, monthly payments start Merrifleld, VA 22116 out at $125 for two years with gradual increases to $285 for For more information, conyears 14 and 15. sult the fact sheet and illustraThe cautious among you will tion posted on the Financial look to the total payments re- Aid Bulletin Board in the sequired and see that, under Op- cond floor mailroom, or see tion 1, for example, total me in my office. Room 314. — �Fight To Save Squire Hall Gains Momentum by Earl R. Pfeffer The administration and the students protesting the closing of Squire are no closer to accord than they were two weeks ago. Unless the Board of Trustees and the Administra- All week long warnings emanated from President Ketter's office that criminal charges and suspensions would follow any continued obstruction of the University's plans to close Squire. tion perform an unexpected turnabout, the University will move ahead with the February 26th closing of the facility. There had been rumbling in high places that Squire might be kept open until the end of the semester, thereby enhancing the students' chances of permanently saving the Union. But last week's announcement by SUNY Central that further delays in construction would not be possible due to "legal and fiscal constraints" quashed all remaining hope that the building would be saved absent some form of successful legal action. Nonetheless, the students plan to continue their protests. A sit-in was organized for last Friday night, despite threats from the administration that the lenience shown the 87 protestors arrested the previous week would not be continued. ter's earlier position. The fact that the President had previously spurned the latter The University had already shift in policy, several hundred received a dose of bad press students attended the rally Frifrom a New York Times educaday evening where they heard option suggested that sometion survey which ranked UB speeches, enjoyed music and one else may now be pulling high academically but low as danced. By 1 a.m., most people the strings. One student leader to "quality of life." According had left the facility, but a speculated that Albany doesn't to the article, even Oral group of 25 remained and plans to camp out inside the building until they are forced to leave. The SBA has yet to take a position on the closing of the Union. Last Thursday they invited student representatives Shades of the '6Cs as Squire becomes the locus of protest Early Friday morning the Administration announced that operation of Squire would be expanded to 24 hours a day. This marked a reversal of Ket- IMitch Stein) want the adverse publicity Roberts University where sex, which would result from the alcohol and rock-and-roll are mass arrests of students proforbidden, offers its students a testing the closing of their better social life. union. Despite the Administration's from the Dental School and leaders of KABOSH to present their differing opinions on the issue. It remains to be seen whether or not SBA will take a stronger position in the future, whether on Squire's closing or on the equally pertinent issue of the lack of a student union on the Amherst Campus. In this area of Reaganomics, perhaps students will have to turn to the private sector to meet their needs. One law student in fact suggested that some business person should open up an oversized burger and beer hall on Main Street and call it "the Student Union." Maybe "trickle down" will save ÜB's social life. Equitable Distribution Subject of Law Seminar students in recognition of the ment, and tax considerations. fact that no single course at Perhaps one of the most striking changes the new law The 1980 New York State this school offers a comEquitable Distribution law has prehensive analysis of the new has brought on is the enorcreated sweeping changes in law. While the area is of parmous amount of judicial matrimonial law by allowing ticular interest to students tak- discretion which may now be judges wide discretion, by re- ing Family Law or Federal Tax used in marital dissolutions. Professor Birzon pointed out quiring the lawyer to act also 11, Birzon and Funda felt that as a business person, an ac- an understanding of the law is that although the legislature countant and/or a banker, and essential to anyone intending has established certain factors by giving individual clients a to practice in New York State for the judge's consideration in great deal more responsibility or any of the other equitable distribution of property, maintenance and child supand voice in their financial distribution states. Two U.B. law professors, the port, the law allows considerafuture. The new law was the subject Honorable Joseph J. Sedita, tion of "any other factor which of a program held on January New York State Supreme Court the court shall expressly find 30 at John Lord O'Brian Hall, Justice, and five local lawyers to be just and proper" in deterarranged by Professor Paul Bir- spoke about such areas as case mining distribution or zon and second-year student management, the role of the maintenance. As Richard Corexpert witness, disclosure, don, speaking on the manageJoyce Funda. Birzon and Funagreements, ment of an equitable distribuda organized the program separation tion case, commented, "Under specifically for U.B. law modification and enforcethe new law, the limit is only the creativity of the judge and lawyers," in property settlements and maintenance payments "as long as the settlement is enforceable and Knowing how to analyze complicated essays, conidentifiable." fusedly combining several fields of law, and writing However, according to coherent, logical and consistent answers thereto, can both Cordon and Barbara Handschu, who talked about make the crucial difference in passing the Bar Exam. separation agreements, Why not get the feel of 16 very difficult Bar Exam roughly 90% of all marriage questions before the Feb. or July, 1982 Bar Exams? dissolutions end in voluntary Thousands of students, for the past 40 years, have and do not go to settlements been convinced that the approach analysis and style court. This requires that a techniques and methods they need at THE KASS PROmatrimonial lawyer be capable of designing a settlement BLEM ANALYSIS CLINICS were essential to their suc"package" which is fair to both cess on the Bar Exam. from 1 starting parties. 6,1982, to Sundays, successive June Six "Besides trial expertise, the 4 p.m., at the NY. Sheraton Hotel, 56th Street & 7th law office today must have Avenue, N.Y.C. some non-lawyerlike business Tuition: $125 skills, such as those of the UB Agent: Aldric Reid business person, accountant and banker. Lawyers must be able to draw the client into the process so they can have a meaningful say in their financial destiny," says Cordon, pointing out that it can be "very difficult to interview a woman who has been home with the kids for twenty years and never seen the size of the by Barbra Kavanaugh , BAA EXAMS AREN'T LIKE LAW SCHOOL EXAMS - - KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH 3-2690 (Frank Bolz) Equitable Distribution panelists respond to student question mortgage payments. Most interviews are more like a banker than a lawyer talking to a client." As the new law requires matrimonial lawyers to enter sometimes unfamiliar areas such as business and accounting, the expert witness is becoming more and more important in marriage dissolutions. According to Grace Marie Ange, "experts are useful, and we need them more now than we ever did. We used to need psychological and medical experts, but now we use actuaries, accountants and other business types." However important the expert witness, it still remains for the lawyer to discover all the relevant facts about the financial position of his or her client. Under the old law, property was retained by the owner, but under the new law, Because of this new power, Nelson Zakia said that "discovery, always of utmost importance, has become absolutely crucial in the equitable distribution case. The first interview has been enlarged in time and detail and the lawyer should be aware of any clues leading to finding out the actual financial and property interests of the mar- ried couple." The program ended with a presentation by Professor Ken Joyce on the tax considerations in the equitable distribu- tion case and a "View from the Bench" by Justice Sedita. Although it was a well-planned and comprehensive program, and was very informative for the audience of over 100 students and practitioners, the presentation could do no more than scratch the surface of a complicated new the court can force transfer area of the law. The many from the owner to non-owner, unknowns and uncertainties even without direct contribu- will be discovered and handled tion, in making an equitable by lawyers and judges in years distribution of property. to come. February 18, 1982 Opinion 3 �Prison Task Force Offers Challenging Programs by Bill Altreuter The Prison Task Force is assuming a higher profile this semester with the resumption of its two most successful projects. Both the Albion Inmate instruction Program and the Attica Correctional Facility Tours are in full swing once again. last year's tours of Attica were cancelled because of inmate overcrowding. This situation resulted in the proposal of a $500 million dollar bond try with a mixed population. The yard is bisected by a fence, which the inmates are not permitted to come within six feet of. So they stand opposite of each other, twelve feet of air and chain link between them, and they talk to each other. It is a picture at once civilized and perverse, and it neatly sums up how disciplined their existence must be if this is regarded as a privilege enjoyed nowhere else in this state. The Prison Task Force has taught Legal Research and Writing to both the men and women inmates in the past. Generally speaking these are all individuals who have served a lot of time, and are at Albion because they have been model prisoners elsewhere. Other observations by Atnarrowly defeated at the polls last tica visitors to date have proNovember. This year students vided a diverse view of what who have been on the tour life on the inside is really like or at least how it is shown. already have reported that the facility is substantially more "Like parochial school with populated than visitors have green pants (Note: stripes are no longer de rigeur as prison atnoted in previous years. tire) and more rules," reported one tourist, but others looked past what was shown to them to arrive at deeper conclusions. "There's obviously a lot of tension in the air which they fice, we are in the process of try to disguise by only showing creating a reference file on the best parts," commented subjects relating to women one observer, while another and the law. noted that "when they close More specifically, our plans one gate behind you and for this semester include an all- you're standing there with 50 day conference on "Bottle convicted felons waiting for Babies," concerning the inter- them to open the gates in front national and domestic of you, you begin to realize marketing of infant formulas, what life in there must be and featuring speakers from like." Infact, and Nestle Corporation, Because of the overas well as local experts on crowding problem which Atnutrition, international law tica faces, tours are limited to and corporate policy; a film groups of six once a week for called "Nothing Like Love," the remainder of the semester. concerning the pornography Sign-up is in the second floor industry; a panel discussion mail room. with women in non-traditional Individuals who are inlegal careers; a lunch program terested in doing something with Cray Panther, Maggie positive about prison condiissue that was — Policy Statement: Women Law Students The Association of Women Law Students is in its second year. The purpose of the Association is to facilitate the entry of women into the legal profession, both during law school and afterwards. The group is an umbrella organization composed of women with many diverse opinions and perspectives. Our programming reflects such diversity. Among the group's interests is a community outreach program, involving working in programs of particular interest to women,, such as battered women and rape counseling. We also try to provide publicity for community groups that need volunteers and we welcome any such information. Another prime goal of the Association is to promote contact between women law students and women already in the profession. Towards this end we have sponsored programs with the Women Lawyers of Western New York, in which women attorneys with different careers and perspectives have spoken. Additionally, we are planning an Alumni Network through which past women U.B. law graduates can help those newly entering the profession. Consequently, they are more or less resigned to their presence inside, and the program therefore leans less towards the areas of criminal law and procedure and more towards areas of more personal, immediate consequences, such as article 78 proceedings, family law, constitutional rights and effective writing techniques. This semester's program consists of a class being taught to a group of the men inmates on Tuesday nights. Interested Each semester the Association sponsors a number of films and speakers on topics of interest to women. The group also coordinates and helps sponsor students attending the National Conference on Women and the Law. The Conference will be held in Detroit this March. Kuhn; and, of course, the Nations after being exposed to AtFinally, the Association tional Conference in March. tica should look into the AlWe encourage participation bion Inmate Instruction Proholds meetings and occasional social events. We have an of- from all and urge women law gram. The Facility at Albion, fice in Room 10 (next to Moot students to indicate types of recently featured in Newsweek Court) and try to maintain programs they would like to be is a medium security prison regular office hours (a sign up involved in or like us to spon- noteworthy because it is one sheet is on the door). In the of- sor. of the few prisons in the coun- UUflB Concerts and The Tralfamadore Cafe present an evening of Jazz with James "Blood" J and the I couldn't k^Ik aimer students should contact the Task Force through the Lawyer's Guild Office. £*h«r Blyth pass the bar •. • If you're not certain what the difference is between an ordinary "bar" and a great one, its time you came to P.J. Bottoms. P.J.s (as we are so affectionately known) offers YOU enriching edibles, splendiferous spirits, frivolous frolics and bewildering atmosphere galore. No wonder more and more U.B. Law students are saying. "P.J.'s is one bar not worth passing (up)." J. BOTTOMS P. FOOD Quartet - M7» MMla atrcct BOOZE traffalo - n.jr. BOOGIE 14X14 •MiST Friday. Feb. 26th, 8 pm Squire Hall. Fillmore Room Tickets: $4.50 student $6.50 non-student available at Saalre Hall Ticket Office Opinion 4 Febniary 18, 1982 MANY SANDWICH 4B .„ i j I WINGS i �Asbestos Related Injuries Center of Controversy Editor's Note: This is the first of a series of articles examining asbestos, its link to disease and the impact of statutes of limitations on the right to recovery of individuals injured from asbestos exposure. by Alexander Plache On October 29, 1981 the Court of Appeals of the State of New York rendered its long awaited decision in Steinhardt v. johns-Manville Corp. The decision in Steinhardt covered seven actions for personal injuries arising from long term exposure to asbestos. In each case the action was initiated more than four years after the victim's last employment related exposure to the substance. Based upon the three-year statute of limitations applicable to tort cases in New York the court held that each of the causes of aciton was barred because not brought within the prescribed time period. The New York court, relying on forty year old judicial precendent, 2 refused to adopt a rule in which that statute of limitations would begin to run, not from the date ot exposure to the substance, , tremely flexible and durable. Its physical structure allows it to be woven or spun intoyarns, respiratory system, enter the digestive tract. Most of the fibers which enter the digestive materials or fabrics. Asbestos system are excreted. However, fibers can also be laid and some may become embedded pressed to form paper or used in the walls of the as structural reinforcement for gastrointestinal tract. materials such as cement, Although not as common as plastic or asphalt. asbestos related respiratory Because of its high tensile disease, gastrointestinal strength, flexibility, heat and disease has been casually linkchemical resistance, and ed to asbestos. favorable frictional properties, Because the smaller asbestos is adaptable to an ex- asbestos fibers are more apt to treme and diverse variety of become airborne and are more uses. Various authorities state apt to remain in suspension that there are thousands of they present the most serious uses of asbestos. The U.S. problem to human health. Bureau of Mines states that the Moreover, the larger asbestos number of discrete uses of the particles which do enter the substance exceeds 2,000, while body are more likely to be the Asbestos Information caught by nasal hairs or expell- but rather when the resulting disease was or could have been discovered. In doing so the court concluded, "We believe it to be inappropriate and injudicious to intrude into Association and Canada's an area best suited for Department of Energy, Mines and Resources suggest that legislative scrutiny." 1 The Steinhardt decision is il- there are more than 3,000 uses. lustrative of the problems with Wherever heat and fire have which courts have been faced presented a threat to safety or when an applicable statute of to surrounding material or limitations is raised as an affir- equipment asbestos tradimative defense in an action to tionally has been used as an inrecover for personal injuries sulator. Many insulation proarising from exposure to ducts still contain asbestos; asbestos. The Steinhardt case is however, greater public particularly interesting, not on- awareness of the deleterious ly because the case arose in health effects of the substance Erie County, but also because has caused some reduction in of its surprising result. The the number of uses to which New York Court of Appeals is asbestos is presently put. Asbestos is one of the most in an ever decreasing minority amoung courts as most dangerous of all naturally ocjurisdictions have adopted curring materials. The reason discovery or manifestation the material is so hazardous is rules in cases where injury because it is easily friable. A does not result until years after material is friable if it can be exposure to a particular readily crumbled into small substance. The Steinhardt pieces, pulvarized or powered. result seems particularly out of Individual asbestos fibers are place in a jurisdiction which extremely small. Futhermore, has long been known as a they cannot easily be leader in upholding and pro- destroyed or degraded. Their tecting the rights of injured small size and shape permit citizens.4 The decision has them to become airborne and already been criticized as hav- to remain suspended in the air ing damaged New York's for long periods of time. Whenever asbestos fibers reputation as a jurisdiction in which justice could be obtain- are exposed to the environed by an injured citizen within ment minute particles are the state's legal system.' The released which enter and Steinhardt result will un- permeate the air condoubtedly be the center of taminating the surrounding considerable controversy area. Once the fibers are airamong members of the bar, borne individuals frequenting bench and legislature in the the area are exposed to them. It is the inhalation of air concoming months. Asbestos is a generic term taining asbestos fibers which is given to a family of naturally so dangerous. While most of occurring silicate minerals the fibers, especially the larger which separate into relatively ones, will not remain in the soft, silky fibers. The proper- lungs, some are retained. will ties of asbestos are unique Those which are retained among naturally occurring stay forever. Once inside the nose and mineral substances. Asbestos in adis non-flammable even at very mouth the particles can, the entering to is dition exhigh temperatures, and (Earl Dotter) Ed from the system in mucus. It is the smaller particles which are more likely to be retained. While available evidence suggests that the detrimental health effects of asbestos exposure are both time and dose related, even a relatively light exposure can produce disease years later. Manifestations of asbestosis and carcinomas in workers heavily exposed to asbestos usually occur from ten to thirty-five years after their initial exposure to the or home environment, although certainly dangerous, it is not as hazardous as when the material is being handled. There are many occupations in which asbestos exposure constitutes a serious health hazard. Although fewer than six-hundred persons in the U.S. are employed in mining or milling asbestos, millions are employed in occupations which use the substance either as a raw material or in the form of a finished product which contains asbestos. Over 37,000 persons are employed in the manufacture of products from raw asbestos fiber. Over 300,000 are employed in occupations which process asbestos manufactured products to make other products. Millions more work in fields which utilize a finished pro- health problems associated with asbestos exposure has caused the government to pass laws limiting the number ofairborne fibers in a particular environment in the past decade, no reduction in the number of deaths is likely to occur for at least another 15 to 20 years. These recently passed limits will not help those exposed during the 19405, 19505, and 1960's whose illnesses are presently developing but have not yet become manifest. Three major diseases are known to be asbestos related. These are asbestosis, pulmonary carcinoma (lung and mesothelioma. Asbestosis is not a carcinoma. Rather it is a condition of the lungs resulting from the continual inhilation of asbestos fibers over an extended period of time. The disease is duct containing asbestos with characterized by scarring of out additional modification. lung tissue. It occurs when Over 185,000 of these are the minute particles of asbestos employed in shipyards. In- become lodged in the lung sulators, automotive tissue remain there causand repairmen, especially brake ing a tissue reaction that is and and clutch repairmen, slowly progressive and apshipyard workers constitute irreversible. The reacthe largest number of those ex- parently tion occurs when scar tissue posed. There are also surrounds the lodged particles or exbystander secondary in order to prevent the parposures to the substance. ticles from moving around or Moreover, even the wives of asbestos workers who do their husbands' laundry are exposed to fibers which have contaminated their husbands' clothes. The foregoing indicates the extent of the asbestos ex- posure problem. Joseph A. Califano, former Secretary of Health, Education and Welfare, has estimated that cancer) causing irritation to neighboring cells. In the case of limited exposure to asbestos the en- capsulation of the fibers is a good thing. The problem is when the number of asbestos particles inhaled causes so much encapsulation that the functional area of the lungs becomes significantly reduced making breathing difficult. It is at this stage, when breathing becomes difficult, that the disease asbestosis is said to be eight to eleven million workers been exposed to asbestos, and that during the present. next 30-35 years 67,000 people Asbestosis is the most com-"* " will die from cancer caused by mon disease associated with exposure to the substance. exposure to the mineral. It One of the foremost medical typically develops in workers who are continuously exposed to airborne asbestos fibers. Normally the latency period for asbestosis is 15-30 years. The average period of latency is 17 years. However, in some have - individuals the disease manifests itself in less than 10 substance. Occupational exposure to asbestos presents the most serious health problem. There are several reasons for this. First of all individuals who are exposed to an asbestos con- taminated environment on the job inhale the material eight hours a day for many years. Se- cond, because in an occupational setting the material is often being handled, its friability tends to increase the number of airbrone fibers and therefore the amount which is being inhaled by employees in the area. When Asbestos insulation is exposed in a school years. Still others who are heavily exposed to the substance never develop the disease. Pulmonary carcinoma is also considered to be linked to asbestos exposure. While exposure to asbestos is the only cause of asbestosis, lung (Earl Dotter) cancer has many causes, only one of which is asbestos.This authorities suggests a more creates a potential problem for conservative annual death toll. plaintiffs trying to prove Nonetheless his estimate is still causation in an action against staggering. Dr. I.J. Selikoff the manufacturer of an estimates that 20,000 asbestos asbestos product. Studies incaused deaths per year will oc- dicate that lung cancer is cur in the U.S. until the year much more prevalent among 2000. asbestos workers than among The seriousness of the the general population. health problems caused by However, studies also show asbestos is not only due to the that a cigarette smoking substance's toxicity, but is also asbestos worker is many times due to the fact that exposure more likely to contract lung to the substance is so cancer than his non-smoking widespread. There is no doubt co-workers. This again presents that asbestos related disease is a problem for plaintiffs the largest single occupational wishing to prove that their lung health problem of our time. cancers were caused by Even though concern over the —continued on page 6 February 18, 1982 Opinion 5 • �Three Coins Party Many law students felt at liberty to behave like perfect fools. (photos by Kevin Moran) Maritime Course Gains Support Asbestos . . . continued from 5 —asbestos exposure. It also presents the possibility of a """iefense of contributory or comparative negligence being raised by the defendants to such an action Mesothelioma is a malignant tumor which arises from the mesothelia surface lining. Asbestos is considered by most authorities to be the major cause of mesothelioma. Although mesothelioma was the last of the major asbestos related diseases to be linked to the substance, the relationship was documented by the 1960"s at the latest. Adverse human health effects have long been known to be caused by exposure to asbestos. In 1924, Cooke in England diagnosed a case of asbestosis in a woman who spent 20 years in a textile factory weaving asbestos. Within the next ten years many cases of asbestosis were observed both in the U.S. and abroad. By the mid 1930's the hazard of asbestos as a pneumocomotic ,dust was universally accepted by the medical field. Throughout the 1950's and 1960's many medical reports and studies on asbestos and workers exposed to the substance were published. In -«y1965 a study entitled "The Occurence of Asbestosis Among Insulation Workers in the U.S." was published by I.J. Selikoff and his colleagues. After examining and studying 1522 insulation workers the Opinion 6 by concluded that asbestosis and its complications are significant hazards authors insulation workers. knowledge of the hazardous nature of asbestos, the U.S. government did not among Despite enact any regulations to protect workers from excessive exposure to the substance until 1969. By way of contrast, England enacted regulations which reduced exposure to the substance in 1933. These regulations led to a striking reduction in the incidence of asbestosis among the workers in England employed after 1933. lln the Matter of leanne Steinhardt, as Executrix for lames McKee, \r., v. \ohnsManville Corp., et. all., No. 434, _N.Y decided October 29, , 1981. Schmidt v. Merchants 2 Jim Newman Deans Headrick, Creiner, and Boyer have all expressed The Student Bar Association support for the inclusion of and the International Law such a course in the Law Society have formally endorsSchool curriculum. Professor ed a proposal for the addition Leary has stated that an adof a course in maritime law miralty course here would give here at U.B. Law School. The U.B. a complete international proposal calls for the hiring of law program. It would appear, an adjunct professor from the then, the remaining obstacle is Buffalo marftime law com- budgetary. munity and the introduction of Each fiscal year the Law the course no later than the School is allocated a finite Spring term of next year. The amount to be spent for adjunct proposal also mentions the and visiting professors. Supfact that almost 140 students porters of the proposal feel have requested that maritime that the maritime law course is law be taught here and that a top priority because the New York State has the largest absence of that course is the admiralty bar in the nation. most glaring omission in the Moot Court After initial elimination and both schools will represent rounds, a tie developed bet- the Northeast Region in the ween U.B.s team, represented National Frederick L. Douglass by Fordice and Reyes, and Har- Despatch Trans. Co., 270 N V vard's team represented by 287. John Carr and Cecil McNabb. 3 Steinhardt v. lohns-Manville, A "tie-breaking"' round was No. 434, _N.Y decided Ocheld between the two teams to tober 29, 1981. decide which one would ad4 McPherson v. Buick, 217 NY. vance to the final round of 382, (1916) is representative of competition. After intensive the cases decided by the New argument by both sides and York Court of Appeals which vigorous questioning by the gave the court a reputation as tripartite panel of judges, the a leader in protecting the winner of the tie-breaker was rights of injured citizens. announced. U.B.s team lost to 5 New York Law lournal Harvard by only one point with December 23, 1981, Levy a final score of 157.5 to 156.5. Stanley J., "Toxic Torts," pg. 1, The final round of arguments pitted Carr and col. 1. McNabb against Boston ColNext Issue: Problems raised by lege's Paula Stepter and Louis statutes of limitations in Brown. Harvard beat B.C. in asbestos related litigation. the final round of competition, February 18, 1982 ... Law School curriculum. This is especially true given the fact that U.B. considers itself to be a "national law school." Supporters also plan to extend their campaign into the Buffalo maritime commerce and law communities. They believe that the expansion of Buffalo port activitiy has been one of the most ignored elements of possible revitalization of the area. Maritime law, then, could become another area of cooperation between the community and the Law School. Supporters hope to see the announcement of an admiralty course made this term. — continued from page 7 Moot Court Competition to be held at Temple University in Philadelphia. , contestants Sylvia Fordice and Angela Reyes ÜB. (Mitch Stern) �DISCOUNT DEADLINE TODAY First & Second Year Students—SAVE $150 off regular price: $525 plus book deposit if enrolled by Feb. 18th Seniors—SAVE $25 off regular price price: $550 plus book deposit if enrolled by Feb. 18th FREEZE PRICES WITH $50 DEPOSIT PROFESSIONAL RESPONSIBILITY EXAM (MPRE) Test Date is Friday, March 12. ALL JUNIORS and SENIORS may take BAR/BRl's MPRE Review Course for NO ADDITONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. Course: Wed., March 3rd, 6-10 pm or Sun., March 7th 2-6 pm Room 107 Irving Younger CPLR Course 18 hour comprehensive NY Practice Course cost for Bar/Bri enrollees: $45 See the first lecture free: 2/18 3:30-5:30 or 2/21 12-2 pm Tentative course dates: 2/28, 3/7, 3/14, 4/4 For information on any of these programs, see one of these BAR/BRI representatives: Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ann Demopoulos Ellen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Leander Hardaway Tanya Harvey Judy Holender Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Joe Ruh Steve Scheinfeld Jon Solomon Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ BAR/BRI The Review Course Taken By More People Studying For the N.Y. Bar than ALL Others Combined. February 18, 1982 Opinion 7 �Sports Fans Likely To Find Cable T.V. A Rip-off dream, cable TV has been able perform these miracles originally by bringing in out-oftown stations, and now through two relatively new all sports networks, ESPN and USA. It is the iminent expansion of the latter that will by Steven Getzoff to Any prolonged discussion concerning sports in recent years inevitably turns to television, for the interaction amongst these industries is surpassed only by that of the make the proposed offerings. engine and the wheel. Most currently negotiating ESPN is now an major sports derive for the Sunday overwhelming proportion of with the NBA (USA Night package has it on their gross revenue from televiThursdays) Friday and for the sion contracts. Tickets sales Night NHL package (ESPN curcan never hope to keep pace with rently arranges with the rising salaries several teams intelecasts N.E. area the demanded by the players and individually, while USA has the thus, few teams, if any, could rights on Monday Nights). survive even a single season without television. The College Football prowas purchased for an gram Perhaps the biggest success sum by Ted Turner, outrageous shared by the two industries is one of the pioneers in the field .Monday Night Football, a phenomenon that has forced of Cable TV. It restricts the which may appear on the reorganization of social teams to those ABC his cablecasts itineraries, and the demise of did not cover nationally this countless romances. With that past season, or in other words in mind, we may soon have the pleasure of being introduced the best of the leftovers. Once the foot has been placed in the to several new concepts soundoor, it is obvious that more ding something like this: Thursday and Sunday Night NBA strides will be made by Cable TV in the field of college footBasketball, Friday and ;Monball in the near future. day Night NHL Hockey and Before the addicts pop the Saturday Night College Football. Before a final's week type champagne cork in celebration panic sets in amongst the na- of this new panorama of sport- tion, I mustpoint out that none of these telecasts would involve the pre-emption of your favorite prime time sleaze operas. The new programs will be offered courtesy of one of the most recent inventions in sports relecasting, Cable TV. Referred to as the sports fan's scasting, I should point out that in many instances Cable TV has proven to be the sports fan's ripoff rather than his dream. While Cable com- panies initially served the arm- chair public by supplementing the regular TV offerings and providing telecasts of local home games otherwise not seen in the area, and the like, several organizations, the Sabres included, have begun to use Cable or "Pay" TV in place of regular television, figuring that a fixed hook-up charge would provide a handsome supplemental income. Hence, the number of Sabre games available to ordinary TV viewers decreased from 34 in 1980-81 to 15 in 1981-82. Cable may also replace CBS and the point where it is limited to two participants who are on the ice at that time. This has been accomplished by the "third man in rule" and a recent law mandating suspensions for players who leave the bench to participate in an altercation, all in an effort to change the image of the sport from one that centers around violence to one that emphasizes finesse and skill. In the last few weeks we had exclusive two major opportunities to find out just how serious the league is about changing its image. A few weeks ago, L.A. King coach Don Perry ordered journeyman defenseman Paul telecasts than he could Mulvey to go out onto the ice possibly know what to do with, during a play stoppage to fight but he will have a hefty an opposing player. Mulvey, hookup charge imposed for believing that such conduct many of the "choice" events does not belong in the sport of he might wish to see. (The hockey, and realizing that such reason why Al Davis wants to action would result in the move the Raiders to L.A. is the aforementioned suspension potential for a cable package (for three games), refused to that would enable him to go. As a result, Perry suspendcharge $5.00 or more per ed Mulvey and then placed viewer per game.) Meanwhile him on waivers. The league, the ordinary viewer unable or after a week's investigation, unwilling to make the extra ex- fined the team $5,000 and penditure finds his supply of suspended Perry for 15 days, become the distributor of nationally televised NBA Basketball. Thus, the fan who's quick to jump on the cable bandwagon will enjoy more sports that any longer suspension would be unprecedented and unwar* * * ranted. Dave Schultz, the exThe National Hockey hockey goon, now turned antiLeague has been concerned violent author, accused the with a lot more than television NHL of side-stepping the issue coverage in recent weeks. The for the most part and hoping League had been undergoing a that it will disappear by next gradual alteration in its rules season. Schultz points out that on fighting, in recent years, to since Mulvey was on the last sports rapidly dwindling. suggesting year of his current contract, his future in the NHL is very bleak. If the league were truly concerned about its image, according to the "Hammer' it should severely penalize a coach who orders a player to violate the rules of the game and then benches him for refusing to do so, and also see to it that Mulvey's future in the league isnot jeopardized by the incident. The second incident involved a "sucker" punch by Jimmy Mann of Winnipeg which broke the jaw of Penguin Paul Gardner. Mann was suspended (again after a week or more delay) for 10 games, a trivial sentence in light of the fact that Gardner will be lost to his team for 25-30 games. Again, Ziegler's argument in support of his position is that any further penalty is unprecedented. Actually one could make the same argument when the NBA suspended Kermit Washington (for breaking the jaw of Rudy Tomjanovich) for a half a season and fined him an additional $10,000, making it clear that such conduct would not be tolerated and that its rules would be strictly enforced. It is about time the unwritten "common law" of the NHL, embraced by Ziegler and the almighty board of Governors began to conform to the written rules they adopt. After all, bad law not only makes for hard cases, but for a poor public image of the entity involved. 1982 Commencement Committee Presents Open at all Law Students, Faculty, Staff and Administration Time: Thursday, February 25, 1982 9:00 p.m. to closing Bullfeathers Pine Lodge Place: |—v •—\ I i i r ■ I r~k ■ ■ CLASSIFieDADS TO THE MAN In the tuxedo at last year's party: Your Infant ■ Kenny J. KA ill Q |TQ r\f\ f"f I—l \A/\/ O4OU IVI I I ItJI OUUI I rlWy. Admission: Holders of the Buffalo Law I ■ I . «*i OCnOOI I. D /\ I m m #* f% * * ■ *'■ CJirierS lllLrlUvloo. : v|> I ....■■■■■■■ ■ l"lrt ICC I f\ nUIIIIOOIUII m f\f\ .UU — S>tt flO \f T.V/Vy ■ tho Door OnH CaHo \#r\ll AI MLL II It? Dccl dllU OUUd VUU Cdl J *" **" X J„' QI . I|\ 100 lbs. ofr Chicken Wings l_ ■ li_ I t>fi t OtnPr lvlliriPniP*S fcllwl lUI 1100 ITI Ul X M ■ _| PN ■ music and Dancing MARGE: The Law School I.D.s are a greatbargaln but they are non-ne B otlable. Andy PHIL: Cokeadds life without parole. See you at the 82 days ™£^^n*^.*-, p^,. «« he can. flo ,o the 82 days party. What's yours? MIKE: Showup before latty gets to the wings. BUI LOUIE P.: I'm yours, you animal. SCOTT: Too bad you cant letyour hair down at the 82 days JANET: Your breasts are ready. Pick them up at the 82 days party. Stan Chest, Bra/Bri CHARLIE WALLIN: We are overenrolled for the 82 days Par, V Dut wel, ,orce register you. The Commencement Committee I'M COMING BACK for the B2 days party. Bliss poslPLACEMENT FLASH: Volunteer ,ions available in Ba,on Houae n e »cin8 con. ducted at 82 days party. Audrey. CLASS: Can get back to you about this party? Barbie LAW REVIEW ASSOCIATES: Attendance at the 82 days party will be weighed heavily at promotion time. Law Review Czars >< I Bullfeathera may be hiring at the 82 days party. Alan ~ ED: Happy sesqulcentenmal. CHERYL: Yen a Casa. Good eats at the 82 days party. THE 82 DAYS PARTY: Vldl Vlcl Venl mutvinmm!*,***!*.**,,***. Purchase your I.D. in Front of the Library. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-02-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/18/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a5ab860710c77f1e0f61069fa8bb1317.pdf 232415ab833ca1521bc869affc46f14e PDF Text Text Clinic Instructor Gerken Is Advocate For Disabled by Larry Spielberg When Professor Joseph Cerken became a member of the Law School faculty last fall, he was surprised by the energy of students enrolled in the various clinical courses. "I spent three years working developmentally disabled clients in individual and class action litigation, working primarily in the areas of special education, employment discrimination, access to public transportation and public services and provided training and back-up services for attorneys and other ad- at Neighborhood Legal Services. Many of the staff at- vocates. Professor Gerken's interest torney's there were frustrated by the budget crunch and the in disabilities law began in fact that you lose so many of 1975 when he visited what was these cases, whereas second then the only hostel in Western and third year law students are New York for retarded persons, Sereager to go out and do operated by PEOPLE vices To the Retarded Adult in something in the face of many Erie County, Inc. Soon obstacles." thereafter he joined their staff. As a staff attorney at During his two and a half years Neighborhood Legal Services in association with PEOPLE, Mr. Cerken established and the community residence prooperated the Western New gram was expanded from one York Protection and Advocacy to six community residences, Program. He represented each serving between eight — Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 . tough." U.B. graduatereturns at clinical instructor and twelve residents. Although initially hired to teach the Mental Health Law Clinic, Professor Gerken is now also teaching a clinic in Developmental Disabilities Law, his specialty. "What impresses me about the setup here at U.B. is that (Moran) there is a lot of flexibility as far as coming up with innovations. I was hired to do mental health law and yet it was very simple to add a clinic in developmen- tal disabilities and help Professor Newhouse teach his seminar. In a more traditional setting this would have been Opinion Professor Gerken is a 1975 U.B. law school graduate His first two years at the law school were spent at the Old West Eagle Street location adjacent to the various courts. And how does the new location compare? "Ironically/ he notes, "the one big difference is that students today are a lot more sophisticated about how the law works; they know how the courts work." A jogging enthusiast, Professor Cerken can usually be found sporting his running shoes. "Occasionally I jog home from Amherst to my apartment on Buffalo's west side when I find it inconvenient to wait for the bus." Cerken also enjoys jazz music and has an extensive record collection which includes punk rock as well. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." Volume 22, Number 9 — H.L. Mencken State University of New York at Buffalo School of Law March 4, 1982 Law Student Alan Rosenfeld Arrestedand Suspended by Barbra Kavanaugh Third-year student Alan Rosenfeld plans to bring a §1983 suit against former Univeristy President Robert Ketter and others, claiming that his automatic suspension following arrest for criminal trespass was a deprivation of his constitutional right to procedural due process. Rosenfeld was acting as a non-participating legal observer at the sit-in and demonstration at Squire Hall on Friday night when he was arrested for refusing to leave the building at the request of U.B. security and insisting that he be allowed to observe the arrest of thirty-eight demonstrators. At the request of Save Our Squire (5.0.5.) representative Craig Fields, Rosenfeld had organized eight law students to act as legal observers at the sit-in.' "Essentially, it was impor- tant for us to be non- participating and to be available as 'potential witnesses, if necessary. I was also hoping that our presence' might decrease the chance of unintentional violence. Everyone, students and security, was acting very tense and paranoid. Our role was to function as witnesses in case any violence broke out, also to calm diffuse people, and to diffuse any violence by our presence." The legal observers, including Frank Butterini, Bar- bra Kavanaugh, Ward Oliver, Shelly Reback, Andy Sapon, John Ziegler, and Rosenfeld, all wore bright badges and car- ried law student I.D.s as well as copies of a letter to Public Safety Director Lee Griffin which identified them as par ticipant legal observers. students who threatened peo"I never actually got a letter ple with weapons or start fires into Lee Criffin's hands until and certainly was not apFriday night," said Rosenfeld, plicable to myself, as I merely "but Dr. Ketter said that he wanted to exercise my responknew on Friday afternoon that sibility of attending the public the observers would be there protest as a non-participating as non-participants and he legal observer." made a decision to have us ar"I told him all I wanted was rested. That decision was the right to go to classes, go to made during the day, so there the library and work in the isn't really any doubt about clinic office, and there is no notice problems. Ketter knew conceivable way he could imabout it and made a decision." agine that I would be a danger Rosenfeld spoke to Ketter to public safety. He said that on Saturday morning when he since I broke one rule by not demanded that either the leaving Squire Hall when I was suspension be reversed or that told to do so by Lee Griffin, he an immediate hearing on the couldn't tell what else I might issue be scheduled. Ketter do. So he saw me as a "contiagreed to meet at 1 p.m. that nuing clear and present afternoon. danger" and upheld his own "He had an attorney there in suspension of me!" the room, and I had a tape "These issues have to be recorder," said Rosenfeld. "He resolved, at least within the acknowledged on tape that he University: the students' right knew in advance that the law to have people with them students would be there as while they're being arrested legal observers; he knew in ad- and the students' right to have legal vance of my efforts to diffuse non-participating the situation and to prevent observers at public protests. violence, but that didn't By arresting me, Ketter gave change his mind." me the standing to take the "I talked to him about his issue to court, which I intend power to suspend someone to do even if the suspension is from school prior to a hearing lifted," said Rosenfeld. Ketter in which the student has the has scheduled a hearing on protection of due process of March 20 before the Presidenthe law: the right to confront tial Committee in order to exand bring witnesses, to present amine the issue of Rosenfeld's evidence and have an impar- suspension, despite the fact tial body make the decision. that the Trustees' Rules and The Trustees' Rules and Regulations require that all Regulations allow him to sus- suspension hearings be held within ten days ofthe incident. pend someone prior to a hearing only when that individual At press time, there was still presents a continuing "clear some confustion as to what difand present danger" to public ference Dr. Sample's arrival as safety and administration of University President could the University. I explained to have with regard to him that it was an extraor- Rosenfeld's case or in regard dinary power that he had to the cases of any of the other which was only to be used with arrested protesters. Rosenfeld cited several examples of the importance of having non-participant legal observers at a demonstration. A man was pointed out to him by a student as having attended a meeting of S.O.S. on Thursday afternoon and having talked about violence and sabotage. Another student claimed to have seen the same person in a Buffalo police police started to forcibly push the crowd out of the building. Another woman began to stumble and fall, as U.B. public safety officers pushed the crowd out of the building. But when two legal observers shouted to the officer, who was pushing the person in back of her, to stop, he did not. He was not wearing any visible what he thought should be policeman began swinging at identification, and did not resuniform. pond when asked for his name "I asked Don Shonn, at- or badge number and contorney for Sub-Board I, Inc., tinued to push. Another done about the individual and students' arms with his he suggested that I assign one utilityflashlight in order to of the observers to stay near break their hold on the doors. the possible provocateur. Subsequent to his arrest and That's what John Zeigler was suspension, Rosenfeld on doing. If it did turn out that March 1 requested of Dean this individual was a police of- Headrick that he make a perobserved ficer, and was in- sonal intercessionary phone citing violence in which call to the new University students were hurt, it would President, Steven Sample, on have been critically important his behalf. that the observers were there and were able to testify. Another student had been pointed out as being slightly irrational and unpredictable and Andy Sapon was assigned to stay near and to watch that person's behavior. One man had his camera Rosenfeld, who, as a suspended student, is subject to arrest for trespass should he be found on school grounds by U.B. security staff, was told by Dean Headrick that such a was call phone "inappropriate," and was also told by the Dean that he would decline to give an opinion to the new president on the Rosenfeld arrest. Headrick pushed into his face by what appeared to be a plainclothes officer, who retreated into the building when asked for his name. An observer was promis- could not be reached before ed by another uniformed of- presstime for comment on this ficer that the man would be identified, but when she asked about it later, outside of the building, the uniformed policeman denied any knowledge of the incident. Other observers, who were among the very last to leave the building of their own volition, reported that a tense situation was created when the matter. Robin Romeo, President of the Student Bar Association, has written a strongly worded letter to President Sample's office protesting Rosenfeld's arrest. A number of other students have written Sample as well, asking for clemency for Rosenfeld, in view of his legal observer status. �Librarian: 'Smoking, Si; Eating, No' Opinion Vol. 22, No. 9 March 4,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Gary Caines, Kevin Moran Frank Bolz Business Manager: Contributors: Captain Arthur Carfinkel, Winsteadi Lome, Ward J. Oliver, Jill Paperno, Alexander Plache Staff: Wendy Anne Cohen, Marc Canz, Steven Cetzoff, Marty Miller, Rick Roberts, Robin Romeo, Joe Ruh, John Stegmayer © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Reinstate Rosenfeld The arrest last week of law student Alan Rosenfeld at the hands of university authorities and his subsequent suspension are indicative of the cavalier attitude the administration has displayed in the closing of Squire Hall. Mr. Rosenfeld and other law students had been asked by student organizations protesting the closing of Squire to be present at the Union Friday night as legal observers. The students were anticipating that the high level of emotion and tension surrounding the building's final hours might cause tempers to flare when security forces cleared the building, possibly resulting in abusive treatment of the protesters. This was a" legitimate concern in light of behavior exhibited by police in confrontations with students over the past fifteen years. A two-week occupation of the U.B. campus by Buffalo City Police in 1970 represents a lamentable example of harsh treatment and overreaction. The Opinion believes that the seven U.B. law students who were in attendance Friday night as legal observers were fulfilling a responsibility and obligation to the U.B. student community by their presence. As future attorneys and as individuals familiar with the legal process, these students were best suited to be watch-dogs of Campus Security's behavior. Mr. Rosenfeld's refusal to leave Squire until all students being arrested had been processed does not make him a "continuing clear and present danger" to the U.B. community (to use former President Ketter's words justifying Rosenfeld's suspension), unless of course the University Administration believes that efforts to secure people's civil rights are dangerous. The Opinion hopes that the new administration is not ready to take such a harsh and undemocratic position. We strongly protest this ill-advised display of autocratic force and believe that the administration here at the Law School should intercede in Mr. Rosenfeld's behalf. SBA President Robin Romeo has sent a strongly worded letter to President Sample asking that charges against Rosenfeld be dropped. We applaud Ms. Romeo's actions. We sincerely ask that Dean Headrick take a position on this matter. If the Dean believes that one goal of the educational process at the Law School is to impart to students a sense of courage and a commitment to principle, then there is no better way for him to express his convictions than by setting an example in defending Mr. Rosenfeld's rights. The Onion is Coming!! Make All Submissions by March 24. out. area on the main floor. The final item I would like to The library is having a to your attention is the bring we would and Every so often it becomes mouse problem, library's receipt policy. The in cooperation your important for us to review and appreciate foods library does not formally bringing from refraining that procedures revise some library. We recognize receipt of a library the Law School and student and liquids into the to be book unless you fill out a recis convenient here it realize in are with body familiar while ceipt at the circulation desk. sup to munch and have able the Law Library. Students All the University Libraries unfortunately long wanted a smoking area in studying, but creatures have this policy and it protects only not the have are you the Law Library and we your claim of having returned the in supping and munching establish the to decided enan item if our records show it mice are often library. The O'Brian Room as the smoking missing. area for a test period. The ticed into the building during Kathy Carrick weather, it is and the cold O'Brian Room is the conDirector of Law Library ference room off the study always a problem to get them To the editor: Law Review Invites Competitors The annual law review Spr- Ed up from the Law Review Competition will be starting March 18. Competitors discussed on Thursday, March will have 10 days to complete 11 in room 106 at 3:30 p.m. the casenote. Further details of Each spring, all first year the competition will be providstudents are invited to com- ed at the meeting above. All inpete for associate membership terested first year students are with the Buffalo Law Review. also invited to the Law First year students wishing to Review's open house on Moncompete will be required to day, March 15, from 10 a.m. to write a modified casenote us- 4 p.m. The Buffalo Law Review is a ing a case furnished by the Law Review. The case may be pick- student run organization ing Opinion Mv«h4, 1932 for publication. Incoming members will be required to produce publishable a casenote or comment during their junior year. As associates, members will afso participate in the publication process. The Review welcomes participation from all first year students in the Spring competition. Tax Tourney This Weekend The Moot Court Board at the free loans. Professors Joyce U.B. Law School will once and Louis DelCotto coagain host teams from all over authored an article on this subject in the 35th volume of the the country in the Ninth Annual Mugel Tax Moot Court Tax Law Review in 1980. The competition will take Competition. The tournament, named after Albert Mugel, a place on March sth and 6th U.B. law professor and partner here at the Law School. in the Buffalo firm of Jaeckle, Preliminary rounds will be held Fleischmann and Mugel, will on Friday, March sth at 2 and 4 have 32 teams competing this p.m. The quarter-final rounds year, an all-time record will be on Saturday, March 6th at 10 a.m., the semi-final number. The problem, written at 1 p.m. and the final rounds by tax professor Kenneth round, in the Alden Moot Joyce, faculty moderator of Court Room will take place at the Board, focuses on the 3 p.m. Judges for the final issues of trusts and interest rounds include, among others, Professor Mugel, Stephen Miller, Chief Counsel for the IRS. in Washington, DC, and Agatha Vorswanger, I.R.S. Director for the Northeast Region. The public is cordially invited to attend all of the rounds. TheJvloot Court Board will be represented on the Respondent's side (the 1.R.5.) by the team of Brian Lewandowski, Matthew Newman and Lawren.ce Petitioner's Paul. The side will be represented by Bradley Bennett, Joseph DiCennaro and Benjamin Zuffranierri. BPILP Sponsors Interns In the Spring of 1979, (Law Review), Anne Carberry, students on Law Review and members of the Student Bar Association, motivated by a personal commitment to social justice and perceiving the need for programs in which students could get paid for public interest legal work, combined their own personal funds with those of the SBA to finance summer employment for two law students at Legal Services for the Elderly of Erie County. The Buffalo Public Interest Law Progam, Inc. has continued to be successful because students and professionals in the commnity have remained committed to the original vision and have pledged financial support to programs which try to ensure that all members of this society have access to legal assistance. Law Review has continued to be committed to the program's success, as has the SBA. Each organization places a representative on the Corporation's Board of Directors. Tim Brock 2 which produces significant student and professional articles (SBA), Chris Desmond Rick Juda and Earl Pfeffer comprise the current board. The program has grown over the past three years and is now incorporated. BPILP was able to fund four interns last year in legal offices throughout Western New York. May McHale worked atPrisoners' Legal Services of New York where she assisted in legal challenges to disciplinary proceedings against inmates. David Milliken worked at Chat tauqua County Legal Services, where he studied the workings of the New York State unemployment insurance system and assisted laid-off workers at unemployment hearings. Alan Ferster worked at Client Advocacy Service, a program provided by the Mental Health Association of Erie County, where he aided clients with problems relating to housing, consumer fraud, workers' compensation, and Social Security Disability Benefits. Earl Pfeffer was employed by Legal Services for the Elderly where he maintained his own caseload, assisting clients who faced utility shutoffs, terminations of medical assistance, and possible evictions. BPILP hopes to fund at least as many internships this year. Students will be invited to submit resumes sometime this month. Yet the success of the program depends on the generosity of contributors. The organization realizes that most students are strapped for funds, especially with cutbacks facing them next year. But it strongly believes that if students are committed to a legal system which guarantees everyone legal representation in principle, then they should do what they can to guarantee such representation in fact. Starting the week ot March 8, a table will be positioned outside the library where BPILP members will solicit contributions. Please be generous. A $5 contribution from every student would be enough to fund three interns next summer. �Faculty-Student Board Investigates Misconduct by R.W. Peters fice of the University President. Upon doing so, their administrative remedies are considered exhausted, and they * can if they so choose, then initiate an action in state or federal court. Students at UB Law are sometimes tempted to do things which they ought not to do. Generally, these transgressions occur coincident with finals' time. Cheating, plagiarizing, and forbidden collaboration, while not rampant, do occasionally occur in the hallowed testing chambers of O'Brian Hall. If a student is unlucky or in- FSRB hearings are for the part informally conducted, although the increased student retention of professional counsel has led to greater structuring of the pro- most ept enough to get caught, there is a great likelihood that his or her case will appear before the Faculty Student Relations Board (FSRB). The FSRB is the facultystudent committee that handles the delicate task of or hearing reviewing disciplinary actions against students accused of violating ÜB's unwritten honor code. The Board, constituted in the late 19605, is composed of three faculty members (Janet Lindgren, Nils Olsen, Andy Spanogle) and three student representatives (Jack Hams, Rosenblum, John Stegmayer). Each member of the board is given one vote. Janet Lindgren is chairperson of the Board, having been elected to that position by its Julie members. There are essentially two ways in which a disciplinary matter finds its way before the FSRB. In the first scenario, a professor, believing a student has cheated on an exam or FSRB members (left toright): JulieRosenblum, |«* Haira and Nil, Olsen plagiarized sources in writing a paper, may give the suspect student an "F" in his course. The professor would usually advise the student, by letter or in person, the reasons for his or her failure. At this point, the aggrieved student may ask for a review of the professor's action by the FSRB. The machinery of the Board may be invoked in another way, wherein a professor may request that the Board meet to consider questionable student activity and that it make recommendations on what it table The best established procedures relate to those instances where the Board is meeting as a review panel, not where it is a court of first impression. The FSRB, in such a situation, often faces the difficult task of being both prosecutor and impartial fact finder. Indeed, in past FRSB hearings of this type, it has been necessary for the administration to appoint an advocate for its essentially pro- secutorial position, as the FSRB has sometimes chosen to maintain a neutral posture. sees fit. Once the FSRB has made its This second method by determination, the case is subwhich a student-related conject to review by the Dean of troversy gets before the FSRB the UB Law School, Thomas is one with which members of Headrick. The Dean, who up to the Board are a bit uncomfor- this point has been insulated Law Student Attends Meeting Of NLG In Santa Fe, New Mexico by Ward J. Oliver program included many topics on Central America, Friday that affect Guild members in night. The program began with The National Lawyers Guild their daily work, as well as the the movie "Attack on the held its annual national con- important social issues of the Americas." a right-wing film vention in Santa Fe, New Mex- day. that attempts to resurrect the Tony Mazzochi. Vice- domino theory with respect to ico, February 17 to 21. The meeting drew progressive President for Health and SafeLatin America. Responding to lawyers, law students and legal ty of the Oil, Chemical, and the film were several speakers workers from all areas of the Atomic Workers Union, who offered a different noncountry to the capital of this delivered one of the keynote imperialistic perspective. They southwestern state for five speeches. He discussed the in- included Dr. Ernesto Castillo, days of meetings, workshops dustrial health problems faced Nicaraguan Minister of Justice, and conviviality. by American workers in a and Alfredo Monge, labor The theme of the conven- depressed economic climate, lawyer and member of the tierra, aqua y gente (or as well as the need for a third Democratic Revolutionary tion loosely translated: land, political party (labor) to pro- Front's Diplomatic Commisresources and people) — vide a real alternative for the sion to the United States. In spite of the full schedule focused on the struggles of American People. Lila Bird, the peoples, both at home and other keynote speaker, is from of events, conferees still abroad, to control their lives Cochiti Pueblo and a graduate managed to find the energy to and resources. Situated at the student in public administra- socialize at the end of the day. base of the Sangre del Christo tion at the University of New A salsa party and a dinner Mountains, Santa Fe offered a Mexico. She spoke about the followed by a production of beautiful location in which to expropriation of natural the one-man play, "Clarence meet (and, need I add, to resources and its effect on the Darrow," were among the escape a harsh Buffalo winter). indigenous peoples of the diversions. In some ways, these social gatherings are as imporYet, given the importance of southwest. Throughout the conference, tant as the workshops and land and water rights to the people of the southwest, as a series of workshops educated skills seminars. Besides prowell as the relative proximity participants on various social viding needed recreation, they of Central America, Santa Fe and legal problems facing the helped define the Guild's sense also served as a reminder of progressive community. They of community. Ifs reassuring in these times the grave issues facing us in ranged from "The Retreat of Federal Civil Rights Enforce- of Reaganomics and the sothe 80s. Throughout its forty-five ment and Our Response" to a called "New Federalism," to year history, the Guild has discussion of the "Political know that there are others who worked on behalf of oppressed Problems of Collective Law think and feel similarly about people in the United States Practice," to "Preemptive An- the injuries being perpetrated and throughout the world. Its nihilation: Nuclear War, the upon our country by the premembers are active in the Military Budget and Reagan's sent administration. Guild conareas of labor, criminal Global Strategy of Interven- ventions, as much as anything else, help sustain us through defense, legal services, and im- tion." highlight of the the hard times and give us opPerhaps not the is therefore migration. It surprising that the conference five days was the presentation timism for the future. — (Moran) from the disciplinary proceedings (to avoid any charges of taint or bias), subjects the Board decision to the usual appellate "substantial evidence" test. If the FSRB recommendations meet this test, they are given the administration's approval. Should the student or faculty member seek to appeal the FSRB ruling beyond the confines of the law school, they may request a review by the of- ceedings. Evidentiary rules continue to be very loose, with virtually all testimony permitted. The accused party is permitted to introduce evidence and to present and crossexamine witnesses. Members of the Board may ask questions of the various witnesses. The hearings are recorded, and the tapes saved for a number of years. The FSRB has been functioning effectively for fourteen years. In that time it has heard a number of difficult and potentially divisive cases. In each case, the Board has fairly and humanely heard all of the evidence before it, and has made its difficult but necessary decisions. Local Attorney Speaks by Barbra Kavanaugh Paul Cambria Jr., wellknown Buffalo defense attorney, initiated the S.B.A.'s "Practitioners' Forum" series last Thursday night when he spoke to an audience of thrity law students about his experience in Buffalo and before the Supreme Court. Cambria, a senior partner with Lipsitz, Green, Fahringer, Roll, Schuller & James, is the head of the firm's criminal department and spoke primarily about his work in the areas of First and Fourth Amendment law. Referring to clients such as Larry Flynt of "Hustler" and Al Goldstein of "Screw" magazine, as well as the "Ken- more Bookstore" cases, he admitted that there is a lot of misunderstanding and time wasted by the media and the courts because of these cases. "For example, the Kenmore Bookstore case involved a misdemeanor against a clerk, there were no kids involved, no allegations of children being in the store at all. Nonetheless, the store came into a small community and was resented. So much time is spent on a trivial case when so many more important things are going on, including violent crime which is happening in this very city." "I handle everything from drunk driving to murder, carrying a caseload of 150-160 cases at a time, along with the staff, but the toughest is the Kenmore Bookstore type of case. The most difficult Constitutional issues are involved and there is a high degree of emotionalism on both sides." 'You get involved in a Kenmore Bookstore or Larry Flynt case and everybody hates you. You walk into the courtroom and there is always electricity. People in the gallery shout at "you, and you receive phone calls and threats." Cambria prefers not to be thought of only as a "smut lawyer". He has done a lot of work on Fourth Amendment "search and seizure" cases and has appeared before the Supreme Court in the New York v. Belton case. That case concerned a search and seizure following an arrest. Cambria tried to suppress the evidence found in a zippered jacket pocket which was left in the car when the passengers were arrested. "We moved to suppress on the grounds that, even though Belton was under arrest and in custody, he did not lose his exception of privacy. "The trial judge, literally between sandwiches, said, 'Denied. When can you go to trial?' and the Appellate Court found that the evidence was admissible, because the jacket was in the "grabbable reach" of the defendants. But the Court of Appeals, that fantastic court in Albany, reversed 5-2 and said we were right." However, "the Onandaga County District Attorney also had a recent young graduate in the office who got the idea "Why don't we petition for certiorari in this case?" They did and the day it was granted we knew we were in big trouble. There was no reason for the Court to take the case to agree with the Court of Appeals," and the case was ultimately ' lost. Although Cambria's talk was brief, he was warmly received by the student audience, and provided a pace-setting kickoff for the "Practitioners' Forum" series. MaiWi 4, 1982 Opinion 3 �Materials ». BRC BAR/BRI L»w Summaries BRC law summaries are written on the assumption that the student has not had the subject in law school, but are also tightly edited to give you exactly the law needed to pass the Bar Exam. Extensive explanations, excomprehension amples and bar-type and retention and the ability to spot issues. The BAR/BRI materials are prepared for "review" purposes only, and are thus far more skeletal than BRC's materials, (All of the Multistate subjects are condensed into one cursory The summaries are authored, edited and updated by outetanding legal educators with personal accountability for substantive quality. The BAR/BRI outlines closely parallel the Gilbert outline exception that they are all "anonymously" eeriee> written (unlike Gilberts) and edited down significantly. - volume.) miction » Testing _j « « Alia. OttlCly "D ff atn JrrOgram none of Ac m wf fey ef> BRC law summaries are written with the same clarity and precision that have made our Sum fit Substance series the most effective law school study aids available. A specially designed format features variable typeface print, numbered lines, and caption headings. - Capsule Outline* BRC provides condensed outlines (with wide margins for notes) for each bar-tested subject, keyed to page numbers in the law summaries. BRC provides a complete written system of how to use the CapsuleOutlines in conjunction withthe main summaries, to allow intelligent .shortcutting when necessary or desirable. volume ofcondensed outlines section numbers in the long outline. There is no system provided for their use, and the "Mini" Outlines only cover Multistate subjects. BAR/BRI provides a separate keyed to BRC Capsule Outlines, in general, are longer than BAR BRl's "Mini" Outlines. - J^eCtUXeS Mnemonics and Issue Graphs BRC provides an extensive and unique set of "JlG's" (Josephson Issue Graphs) and various mnemonics as part of the review course. Nothing comparable, BRC students participate in the unique Programmed Learning System (PLS). PLS involves a well-planned study schedule which integrates comprehensive pre course diagnostic testing, reading assignments, self-testing "reinforcers," problem solving lectures, delayed feedback reinforcement and review tests, and weekly practice exams (individually graded and analyzed). Although BAR/BRI will provide some essay grading, there is no system of testing and feedback that is designed to provide a paced study approach, Stressing the flexibility and non-programmed nature of BAR/BRI, students are required to decide what, if any, study features they should use. BRC consciously seeks to direct the student's study time, to build confidence, to channel nervous energy in constructive directions, and to provide a broad range of diagnosis and feedback mechanisms to asure that the student has solid objective informationabout his/her strengths and weaknesses. BAR/BRI does offer an objective pre course exam for Multistate subjects only. The exam, in our view, is far too N.Y. CPLR lectures are presented in advance of Summer course and at no charge for BRC enrol lees who want to learn Precourse CPLR program incurs a $45 charge. complex for a pretest and few students find it worthwhile, CPLR before the course. - MultistateSubstantiveReview Three full days of intensive lectures at the conclusion of the course, highlighting all the substantive law that you need for the New York Exam. - Management j aHO. \Oβ t\ fhffi -5 O AtaUVllllt l r»"V" T>f-kl "-*■■"'*•' J' Nothing comparable, Problem Integration Lectures Draw on thirty years of Joe Marino Sr.'s experience in preparing student for all thirty subjects that have appeared on the New York exam. The lectures serve to instruct students on how to handle the multistate crossover questions always found on New York's essays. No single lecturer of comparable stature for New York Exam preparation, BRC is a totally independent,closely held company, managed and controlled by the same people -who built itinto its present position. All decisions affecting any academic component of the course must be approved by its director and founder. Professor MichaelJosephson (a full professor of law at L°.yol a Law School, Los Angeles). Key positions are held by people who have been active participants in the development ofBRC programs and the educational philosophy from which all BRC and CES programs spring. In 1975, BRC rejected acquisition attempts by Harcourt-Brace-Jovanvich (which alreadly owned BAR and BRI). BRC is, by far, the largest independent bar reviewer in the nation. In 1978BRC purchased the Marino Bar Review course, and contracted with Joe Marino, Sr. to continue to lecture forBRC. Marino's thirty years of New York bar exam experience has lent an unparalleled dimension to BRC in New York. BAR/BRI of New York is a division of the Harcourt Brace Jovanovich Law Group, which in turn is a subsidiary of the Harcourt-Brace-Jovanovich conglomerate. This con glomerate owns Sea World, insurance companies, magazines, and other diverse products. The only law school academician involved on BAR/BRl's Board is a professor at ITT/Chicago Kent Law School. -. '';f ''''/// %. IffM | £ < •/ 5 ~S «$ * *' <^ %%»•**'" iiiiifflOHßiuiii BRC NEW YORK: BHC, 71 Broadway, 17th "1., New York, N.Y. 10006 (212) 3444180 4 Opinion March 4,1982 �Statutes Of Limitations Restrict Asbestos Recovery Editor's Note: This is the second in a series of articles examining asbestos, its link to disease and the impact of statutes of limitations on the right to recovery of individuals injured from asbestos exposure. by Alexander Plache Today there is no doubt that exposure to asbestos causes serious illness. Futhermore, there is no doubt that the manufacturers of products containing the substance have been aware of the causal connection between asbestos and disease since the 19305. It is therefore not surprising that in our society the most litigious in the world, many personal injury and wrongful death actions have been instituted against the manufacturers of asbestos products. It is noteworthy that although ac- , tions by employees against their employers are barred in all states by legislative enactment of Workmen's Compensation Laws, there is as of yet no such bar to an action against the manufacturer of an asbestos product who later sold it to the plaintiff's employer. Currently there are from eight to ten thousand cases pending against the asbestos industry. This number is not expected to decline in the near future. The first asbestos case to be tried to a successful conclusion for a plaintiff was the landmark case of Borel v. Fibreboard Paper Products Corp., et. al, 493 F. 2d 1076, (1973). The plaintiff, Clarence Borel, an industrial insulation worker, claimed that he contracted asbestosis and mesothelioma as a result of his exposure to the defendants' products over a thirty-three year period beginning in 1936 and ending in 1969. In Borel the United States Court of Appeals, Fifth Circut, affirmed a decision of the District Court which held that manufacturers of products containing asbestos had knowledge of the medical hazards associated with exposure to the substance and were negligent in failing to adequately warn those who came into contact with their products. The verdict for the plaintiff in Borel necessitated a finding that the asbestos industry knew or should have known of the dangers of asbestos inhalation by insulation workers. Because the issue of the adequacy of the industry's warnings to those exposed to their products was, decided in favor of the plaintiff in Borel. defendants since that case have had to redirect their strategies toward other defenses because of the rule of collateral estoppel. One defense which is invariably raised by defendants in an action for injuries arising form long term exposure to asbestos is that of an applicable statue of limitations. Statutes of limitations present courts with a difficult problem arising in actions for injuries from exposure to asbestos because the injury does not always manifest itself after exposure and because if an injury does occur it typically takes years to show up. In the typical negligence or products liability case there is no problem as to when the cause of action accrues. For example, when a plaintiff gets his hand mangled in an allegedly defective punch press the paintiff's action against the manufacturer of the press accrues at the time of the injury. Moreover, in most jurisdictions, the result is the same even though a number of years have passed since the press was delivered to the plaintiff's employer. It should be noted that a number of jurisdictions have specifically enacted statutes ofrepose in products liability actions so that if the plaintiff is injured after a prescribed time period has lapsed since the manufacturer relinquished control and possession of it no action can be maintained against the a legislative enactment which prescribes the period within which an action to recover for personal injury caused wrongfully by another must be brought. Statutes of limitations are both useful and necessary. The purpose of statutes of limitations is to force a plaintiff to bring his claim within a reasonable time so that the defendant may have timely notice of a claim him, and so that stale claims and the uncertainty which they produce will be avoided. Such statutes are against legislative attempts to prevent faded memories, death or disappearance of witnesses and the loss or destruction of records from unfairly burden- injury. Most of the courts which have recently faced the question of when an applicable statute of limitations begins to run in the case of a latent injury which takes many years to manifest itself have adopted some sort of discovery or manifestation theory. Various reasonings are used by courts which have accepted such a theory. One of the early cases applying the discovery rule to a latent disease was Uric v. Thompson, 337 U.S. 163 (1949). In Uric the In cases involving similar inplaintiff contracted silicosis juries resulting from exposures from exposure to silica dust to deleterious substances over which arose from sand a period of time, courts have carried in consistently held that the cause materials locomotive sanding boxes. The of action does not accrue until plaintiff was suing for compen- the effects of such exposures manifest themselves 493 F.2d. 1102 In Hang v. lohns-Manville Products Corp., 284 Md. 70, 394 A2d 299, 1 ALR 4,h 105 (1978), the Court of Appeals of the adopted Maryland However, a product which causes a disease or an injury only after years have elapsed Worker tends to mechanized weavingprocess (graphic by NACLA) since the plaintiff was exposed to the substance presents ing defendants. They afford sation under the Federal courts with a more difficult protection against ancient Employers' Liability Act. In problem. In such cases courts claims and prevent claims by Uric the U.S. Supreme Court must decide when an ap- those who have not timely accepted a manifestation rule, plicable statute of limitations followed up on their rights. A holding that the date the plainbegins to run. Since asbestos statute of limitations is a tiff discovered the disease related injuries typically take legislative codification of the commenced the running of the several decades to manifest principle that it would be un- statute of limitations. In so dothemselves, if the statute of fair or inequitable to allow a ing the court rejected the limitations is found to begin to party to enforce his legal rights defendant's argument that each breath of the silica was a separate injury and that the accrual of the cause of action dated from the time the substance was inhaled. In criticizing the position of the substance then the plaintiff can be literally barred from maintaining a cause of action before he is aware of an injury. That such a result would be unjust, inequitable and possibly unconstitutional as violation of due process seems obvious, however, there are a few jurisdictions, and New York State is currently among them, which adhere to an exposure theory in such cases. Every state in the union has enacted a tortstatute of limitations. A statute of limitations is This of action does not accrue until the injury is discovered or in the exercise of reasonable diligence should have been discovered. injury. ruri at the time at which the plaintiff is exposed to the .. principle is analogous to the "discovery rule" applied in medical malpractice cases, which provides that the cause manufacturer. Nonetheless, except for occasional problems with statutes of repose in states which have such a thing, problems rarely arise in determining when an applicable statute of limitations begins to run in the case of a traumatic Miner displays atbeitot ore. reached by the Supreme Court in Uric. In Borel, although it was unnecessary for the court to decide the specific issue of when the statute of limitations should begin to run in the case of a worker who has developed an asbestos related disease, the court nonetheless cited with favor the result reached by the Supreme Court in Uric. After noting the similarities between asbestosis and silicosis, the Borel court wrote: (photo by NALLA) after too much time has elapsed between the wrong and the bringing of the action to right it. The statute of limitations is intended to run against those who are neglectful of their rights and who fail to exercise proper diligence in enforcing them. There are many different possible times at which a particular statute of limitations could begin to run. These may be grouped into two main classes: Those which relate to exposure to the substance and those which relate to manifestations of the resulting defendant the court wrote: It would mean that at some past moment in time, unknown and inherently unknowable even in retrospect, Uric was charged with knowledge of the slow and tragic disintegration of his lungs; under this view Uric's failure to diagnose within the applicable statute of limitations a disease whose symptoms had not yet obtruded on his consciousness would constitute a waiver of his right to compensation on the ultimate day of discovery and We do not think disability. the humane legislative plan intended such consequences to attach to blameless ignorance. Nor do we think those consequences can be reconciled with the traditional purpose of statutes of limitations, which conventionally require the assertion of claims within a specified period of time after notice of the invasion of legal rights. 337 U.S. 163,183-187. discovery rule in a case involving mesothelioma holding that a plaintiff's cause of action for latent disease, whether framed in terms of negligence or strict liability, accrues when he discovers, or through the exercise of reasonable care and should have diligence discovered, the nature and cause of his disability or impairment. In so holding the court likened the development of a latent disease to the discovery of professional malpractice for which a discovery rule had already been adopted in Maryland. The court wrote: In our judgment, the critical factor, which precipitated our adoption of the discovery rule in the professional malpractice cases, is equally present in the instant case. We noted in a professional malpractice case against an accounting firm that the rule "gives to the individual exercising reasonable diligence . the full benefit of the statutory period in which to file suit, while at the same time protecting the defendant from 'stale claims,' as was intended by the Like the victim of statute." undiscoverable malpractice a person incurring disease years after exposure cannot have known of the existence of the tort until some injury manifests itself. In neither case can the tort victim be charged with slumbering on his rights, for there was no notice of the existence of a cause of action. This feature distinguishes these situations from ordinary tort cases, which require no exception to the general rule that knowledge of the wrong is immaterial, because usually some Many other courts which harm will be apparent to a have faced the problem have reasonably diligent plaintiff... —continued on page 8— reached results similar to that ... March 4, 1982 Opinion 5 �In response to mid-year final exams taken by the first year class, the discount deadline has been extended. FREEZE PRICES WITH $50 DEPOSIT ~ - PROFESSIONAL RESPONSIBILITY EXAM (MPRE) Test Date is Friday, March 12. ALL JUNIORS and SENIORS may take BAR/BRl's MPRE Review Course for NO ADDITONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. Course: Sun., March 7th 11:30-3 Room 107 Irving Younger CPLR Course 18 hour comprehensive NY Practice Course cost for Bar/Bri enrollees: $45 Course dates: 3/7, 3/14, 4/4 For information on any of these programs, see one of these BAR/BRI representatives: Carmelo Batista Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ann Demopoulos Ellen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Carol Guck Leander Hardaway BAR/BRI Tanya Harvey Judy Holender Sara Hunt Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Joe Ruh Steve Sheinfeld Jon Solomon Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ Molly Zimmermann The Review Course Taken By More People Studying For the N.Y. Bar than ALL Others Combined. Opmkm March 4, 1982 6 . �Spectre Of Human Rights Violations Haunt Salvador by Jill Paperno Reagan's certification of progress on human rights, and susMounting concern over U.S. pend alt aid until Congress involvement in El Salvador led recertifies that the human to visits by three Congressional rights conditions have been delegations to that country met. This proposal has so far last week. received the support of U.S. representatives met seventy-three representatives. with Defense Minister Guiller- In addition, twenty-nine mo Garcia in an effort to deter- representatives have initiated mine whether human rights a lawsuit in federal district violations by the El Salvadoran court to suspend U.S. military military and paramilitary aid to El Salvador. They claim forces have continued, despite the American involvement in President Reagan's January 29 El Salvador is in violation of assurances that they had stop- the War Powers Resolution, the Foreign Assistance Act and ped. Reagan's claims were made the Universal Declaration of in an effort to comply with Human Rights. General Wallace Nutting, stipulations set out in the December "Congressional the head of the Southern comConditions on Military Aid to mand in Panama, met with El Salvador". The "Congres- Salvadoran officials this week. sional Conditions" stipulated Nutting has insisted on increasthat the President certify that ed military assistance in the the government of El Salvador past. Several weeks ago he was meeting a number of re- stated that it might be quirements before it would necessary for U.S. "advisors" receive further aid. Among the to accompany Salvadoran criteria which were stipulated soldiers on combat missions. were the verification of signifiCurrent Administration cant efforts by the Salvadoran plans include over $100 government to control human million in military and rights violations, to control its economic aid for El Salvador military forces, to hold free in 1982. Plans to increase the elections and to make con- number of Salvadorans being tinued progress in land, trained in Fort Bragg, North economic and political reform. Carolina and Fort Benning, Reports of continued viola- Georgia are also being contions, including a December sidered. Although Secretary of massacre of over 700 civilians, State Haig recently denied the has led Congress to question Administration intends to send the President's assertions. On American troops to El February 3 Representative Salvador, he added that he Gerry Studds introduced would not rule out any Resolution 399. This resolution possibilities. would nullify President Expansion of the role of U.S. advisors has also been sought by Salvadoran officials. On February 7 the New York Times reported that, according to a non-American diplomat, "the Salvadoran government cannot win without troops from the United States or from somewhere." On February 21 the 7/mes reported that Secretary of State Haig had urged President Reagan to warn that the United States will do "whatever is prudent and necessary to protect El Salvador from foreign-backed subversion." Repeated assertions of — Cuban and Njcaraguan involvement in El Salvador have remained unsubstantiated. When questioned by reporters about evidence of Cuban and Nicaraguan arms Alan D. Romberg, deputy State Department spokesperson, said, "I don't have anything specific for you at the moment other than to indicate that the statement represents a clear consensus by those accumulating and assessing data." The Administration faced similar difficulty in substan- tiating its assertions of Cuban and Nicaraguan intervention in last year's "White Paper." Claims that these two countries have supplied arms have been investigated by various reporters on assignment in El Salvador. Their findings do not support the Administration's allegations. According to an interview by Raymond Bonner of the New York Times with a Salvadoran rebel. Commander Jonas, guerrillas had received no arms from Cuba or Nicaragua, and Jonas stated that in fact the biggest arms market was in the United States. In a February 21 New York Times interview another top guerrilla commander denied the presence of Cuban and Nicaraguan supplied arms, stating, "the government of the United States is interested in having a political justification for intervention." In his address to a Nicaraguan crowd on February 21 President Jose Lopez Portillo of Mexico stressed that the rebellions in Central America were the result of "misery, tyranny and oppression," and were not caused by East-West or capitalist-socialist conflict. On February 21 the National D'Aubisson, leader of Salvadoran death squads and candidate for President in the March 28 elections, is believed to be linked to Romero's death. This spring's upcoming elections have been supported by the Reagan administration, although they will be boycotted by the opposition groups of the Democratic Revolutionary Front (FDR). The FDR, an umbrella organization for numerous trade unions, professional workers, university students, peasants, teachers, clergy, armed rebels and others, has claimed that El of history Salvador's fraudulent and violent elections will not permit the free political expression of the people of El Salvador. This posiConference of Catholic tion is supported by many, inBishops expressed its opposi- cluding the Directorate of tion to increased military aide Salvdoran Federation of in El Salvador. Through the Lawyers. Lawyers in this country have period of conflict the church has steadfastly remained one sought to aid Salvadoran of the organizations opposed refugees who being generally to further U.S. military in- classified as illegal aliens, are being deported. Yet, according tervention in El Salvador. El Salvador's Archbishop to Kathy Rimar, Clinic InstrucRivera y Damas, when discus- tor, only one Salvadoran sing foreign intervention, refugee was accepted into the stated "foreign countries in United States in 1981. Ms. their zeal to dominate the Rimar stated that permitting world, supply the arms, and the refugees to remain in the the Salvadorans supply the United States would be a "slap bodies." Archbishop Rivera y in the face to the Duarte Damas is the replacement for government." Approximately Archbishop Oscar Romero, 1000 Salvadorans are being who was killed on March 24, sent back each month to face 1980. just one day after his probable death in a country condemnation of Salvadoran where an estimated twelve military and paramilitary thousand people were killed forces. Major Roberto last year. UUAB Cultural & Performing Arts brings ClassicalBallet to Buffalo with the */y Pavlova Celebration X Starr Danias A tribute to the centennial of the birth of Anna Pavlova '""To'ZtT"' 9 M°""^ 8 M p.m. Center Theatre 681 Main street Buffalo, New York M Sm UUAB Coffeehouse ONI! St^T tfl •■'■*■- wmrnmDom ■• * I vary Menalick a | Sat, March 6, 8:30 pm Tickets: $2.00 advance o cfay o/ sA?ow 2.50 I Tickets: $5.00 students $7.00 faculty & staff I A«Sr.T" I I adm,ee,on UB Harriman Ticket Office and at the door I Sponsored with help from SA, I I I GSA, MFCSA, Black Mountain 11, and the American Academy of Ballet Bluegrass at its best! BEER -1 A - WINE .. T \*/ikl/^C lU re L.tlNI WIINLiD Match 4,1982 Opinion 7 �Precocious Puck Pusher Picks Apart Sabres'Defense by Steve Getzoff Although a glance out the window wouldn't indicate as much, it is the month of March. Past experience indicates that it is now time for the NHL's annual game of musical playoff spots, where numerous teams scramble to avoid being among the five left out in the second season. This season the league has done away with the wild free-for-all and replaced it with a four ring circus, with very little action in any of the rings. Not only have virtually all the playoff qualifiers been determined already, but the NHL has com- pounded its past stupidity (allowing 16 of 21 teams to qualify) with some serious inequities. For example, Toronto, Detroit and Hartford all have better records than the L.A. Kings, yet L.A. will make the Asbestos Avoiding possible injustice in such cases outweighs the desire for repose and administrative expediency, which are the primary underpinnings of the limitations statute 394 A2d 299 . The court in Hang based its decision to adopt a discovery rule in asbestos related injury cases on the inherently unknowlable character of the latent occupational disease and on the peculiarly harsh consequences of adherence to the general rule of accrual from the time of the wrong. Because one of the essential prerequisites necessary to successfully maintain a cause of action is the existence of an injury or some damage, it seems logical that a cause of action cannot accrue until some legally recognized damage has occurred. The court in Karjala v. lohns-Manville, 523 F.2d 155 (1975), recognized this idea in opting for a discovery rule under Minnesota law. In Karjala the court wrote, "... under Minnesota law, an instruction on the statute of limitations must be couched in terms of when damage has resulted playoffs, courtesy of its in- ferior division. Practically the only position of significance still in doubt is the coveted 21st spot. This is referred to as the "Bellows Cup" since it is accompanied by the first pick in the draft which will undoubtedly be future superstar Brian Bellows. The leader to date, Colorado, and several contenders, including Hartford and LA. have assigned their rights in the first round to Boston, Philadelphia and Buffalo respectively, the first two for rather substantial Only consideration. Washington is in contention for these honors on their own primarily to the demise of two records that were once thought to be as perpetual as a professor with tenure. First, the New York Islanders with the help of four victories over Pittsburgh won ,15 straight to break the 40 year old record of 14 set by the Bruins. Ironically, it was Pittsburgh who halted the streak at that point. Even more ironic was the fact that Colorado, the leader for the Bellows Cup, who had stopped the Canadiens' win streak at 12, came within 47 seconds of Arthur Garkinkel —continued from page 5— from the alleged breach of duty, that is, the time when a claim could be brought in a court of law without dismissal for failure to state a claim; in a personal injury action this occurs when some harm or im- ly N.Y. team on a tear in recent months. The Rangers, despite an injury list that could stretch from one end of the rink to the other have lost only five since Christmas (The Sabres lost more than that in 2 weeks) and are virtually even with the Flyers in the battle for home ice advantage in their eventual first round playoff confrontation. In a similar situation are the Sabres and Boston, and Vancouver and Calgary. While it may be somewhat advantageous to gain this home ice advantage, history has taught us that the team who goes all out for the edge is usually flat when the series commences and loses rather quickly (i.e. is some understanding in a reasonably diligent plaintiff that the injury was related to the substance he was exposed 155,160. The court in Karjala seems to opt for more than a mere discovery rule. Rather the court suggests that a causal connection between the substance and the injury must be indicated before the cause of action accrues. The court stated, "It is when the disease manifests itself in a way which supplies some evidence of causal relationship to the manufactured product that the public interest in limiting the time for asserting a claim attaches and the statute of limitations will begin to run." 523 F.2d 160 and 161. Clearly the court is stating that more than mere discovery of an injury is needed to begin the running of the statute of limitations. Instead what is required Winsteadi Lome to. turer of an oral contraceptive which allegedly caused the capable of performing up to expectations in the playoffs and the team is quickly eliminated. It is essential that Edwards be well rested for the playoffs, even if it means finishing third in the division. petition. Representing UB in the oral competitions are third year student Glenn Pincus, and second year students Ashram Dial, Ellen Sinclair, and Jim Wilder. All are preparing thoroughly for arduous oral rounds ahead. All of those interested in in- ternational law or human rights should make an earnest effort to sit in on several of he O'Brian Hall on March 13th arguments. The number of well University of West Virginia, Dickenson, and the University of Indiana will be convening at plaintiff to become blind, wrote, "A cause of action will not accrue under the discovery and 14th known and highly qualified rule until the plaintiff This year's problem deals judges, contacted by Jessup discovers or in the exercise of with several human rights Administrator Jim Newman, reasonable diligence should issues. The rights of refugees will also serve to make the have discovered not only that and foreign nationals are key event both educational and he had been injured but also issues in the upcoming com- memorable. that his injury may have been caused by the defendant's product." [emphasis added] 371 A. 2d at 174. The court in Raymond recognized the fact that a period of time may pass between the time the plaintiff DONALD ELITZER discovers his injury and the time he is able to ascertain its causal relationship with the product. Next Issue: How New York has rejected the discovery rule in asbestos litigation. be coached by Julian "Corny" Johnson. Thirty law schools, including Harvard, N.Y.U., University of Alberta, Temple, and defending champion Fordham will participate in this year's tournament. The level of play is high and legal beagles take the Opinion March 4,1982 .'.'■'.'.'.• '/'/?' <' '/'.'■'■'.V'.-'i'v'/ ■'<■;'':' that is particularly directed at the Sabres concerns the matter of goaltending, which will to a large extent determine the success of every playoff contender. Don Edwards has played more games in the nets this season than any other goaltender in the league, and at the rate he is being used is likely to participate in close to 60 contests by the time April arrives. The plight of St. Louis and L.A. last year taught us (and hopefully Bowman and Roberts) that a goaltender who plays such an overwhelming majority of the games during the regular season is not UB Law Hosts Jessup March 13th and 14th UB Law School will soon be Other courts have excepted hosting the Jessup Internathis "extended discovery" rule tional Moot Court Competition pairment has manifested itself also. In Raymond v. Eli Lily and for the North-Central Region. which can be shown to have Co., 371 A2d 170 170 (NH) the Teams from the University of been caused by an act or omNew Hampshire Supreme Pittsburgh, the University of mission for which the defenCourt, in an action to recover Pennsylvania, Duquesne, Cordant would be liable." 523 F2d damages from the manufacnell, Syracuse, Albany, the On March 6, fourteen men dressed in shorts, tee-shirts, and sneakers will step onto a basketball court in Springfield, Mass. to represent our law school at the seventh Annual Western New England School of Law Invitational Basketball games seriously as Katz's Tournament. Federal Courts. Forty well-built and not so University of Buffalo Capwell-built law students attend- tain Arthur Garfinkel is touting ed two grueling days of try- this year's team predicting at outs. The remains are: Captain least a semi-final showing. Arthur Carfinkel, Pete Hogan, Team members Dan Welch, Mark Sacha, Dan Zahn, Bob Dave Nelson, and Greg Miller Heftka, Jim Kelleher, Dave seem perturbed over Captain Nelson, Greg Miller, Mike Garf inkel's statement thinking Crosby, Steve Getzoff, Dan it will conflict with the partyWelch, Rod DeWitt, and Ron ing atmosphere of the tournaOlson. This Spartan group will ment. 8 with the Rangers. The Islanders are not the on- ending the Islanders' streak at 14. The other development was the shattering of Phil Esposito's record of 76 goals behalf. by Wayne Cretzky, with the Despite the lack of intensity record breaking 77th, 78th and approaching the stretch, 79th coming in Buffalo last several events have made the week. On hand to congratulate Boston losing 3-0 to Minnesota 1981-82 season a most hockey's newest superstar was last year). Another warning memorable one. I am referring Esposito himself, taking time UB Law Hoops Team Travels To Tourney by Captain off from his broadcating duties Vice-President of Finance for the Rothschild Securities Corporation will speak on Investment -Banking Saturday, March 13, 1982 11 a.m., Room 108 T.G.I.T. Party Today 3:30 p.m. ON THE Third Floor Opinion editor Ralph Peter* contemplates hit future (Moran) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-03-04 Alternative Title An alternative name for the resource. 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The five member teams from Pittsburgh, Temple, Duquesne, Dickinson, Syracuse, Albany, Detroit, Cornell, University of Pennsylvania, and West Virginia convened at O'Brian Hall this past Saturday and Sunday, and, depending on who they were representing, argued for either the Kingdom of Septentrion or the Peoples Republic of Meridion, two fictional South American countries accused of human rights violations. All of the teams aquitted themselves well. Judge Mikoll, of the Appellate Division, Third Department, who served on one of the three person judging panels, was very impressed with the level of advocacy displayed by the participants in this year's competition. In a tight race, the University of Pennsylvania edged out West Virginia for best memorial honors. In addition to winning best overall, one of the Wes* Virginia team members also won recognition as best oralist. Due to the efforts of first year student Jim Newman, coadministrator of the North- Central Jessup regional, a very distinguished panel of judges was retained to preside as justices at the competition. Judges Armer, Murphy, Ostrowski, Mikoll, Wisbaum and others from the state bench lent their expertise to the competition and ensured its success. UB Law professors Howard Berman, Andrew Spanogle, and Wade Newhouse also participated in the judging. Richard Nelson, the Washington DC-based President of the American Society of International Law Societies, was also in atten- dance. Folowing the competition, a banquet was held at Romanello's Prime Rib in Willi. imsville. There, Dana Brutman, fellow administrator of the Jessup regional, presented the winning teams with their plaques. A round of applause was then heard for Jessupcompetitors at mixer following Saturday's rounds Dana and Jim for their efforts in making this year's Jessup a resounding success. The UB team, comprised of second year students Ashram Dial, Jim Wilder, and Ellen Sinclair, and third year student Opinion Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 . (Moran) CJenn Pincus, did not finish in the winner's circle this year. However, they displayed pluck and determination throughout the entire proceedings, and deserve kudos from the entire UB Law student body. Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." H.L. Mencken — Volume 22, Number 10 State University of New York at Buffalo School of Law March 17, 1982 Lipsitz Continues Work In Prisoners' Rights by Amy Ruth Tobol John Lipsitz, a 1976 graduate of this law school, is the newest addition to the clinic staff. He is currently running the Habeus Corpus Clinic, after three years at Prisoners Legal Services (PLS), where he handled mostly matrimonial matters for persons in- carcerated at Attica. "There are many people in prison who want to get divorces for a variety of reasons," Lipsitz noted. "Often it's out of consideration for their spouse, or they want a fresh start. Sometimes prisoners want a divorce because of the traditional anxieties concerning marital fidelities, especially in light of the fact that they are often separated from their spouses for many years." Mr. Lipsitz was involved in other types of service work which concerned "prisoners' lives more than prisoners' rights." Such work included making complaints to prison officials regarding packages, personal property, harrassment and abuse, as well as straightening out bureaucratic delays in the processing of observation during the month of Ramadan. "The revelations of the Koran started the month of Ramadan. It is a time to enrich one's knowledge of Islam and is a time of fasting and congregational prayer, Since the line for medical care both of which are universal is so long, the majority of practices throughout the prisoners are being disserv- Muslim world. Since congregaiced." tional prayer is a central pracMr. Lipsitz, along with other tice in the Islamic religion, it is attorneys at PLS, recognized entitled to constitutional prothe need for a broader solu- tection." countered continual frustration. The most I could do would often be to get a person his rightful place in line for the medical services. It was such a scarce commodity. The problem is much broader though. John Liptitz, new Habeus-Corpus Clinic (Moran) Instructor tion, noting that the problem was basically one of inadetransfer quate financial resources to Judge Curtin granted a per- manent injunction, which classification and allowed the Muslims to provide the prisoners with the observe their religion as they decisions. Though service work has a two full time physicians re- felt was necessary. In appreciation of his representation, the "great deal of value," Mr. Lip- quired by law. One case which especially American Muslim Mission at sitz found that "since so much is simply repetitive, it became interested Mr. Lipsitz involved Attica awarded Mr. Lipsitz a the constitutional protection Distinguished Service Award. very draining." Mr. Lipsitz stated that he One major problem Mr. Lip- of the freedom of religious exsitz addressed was the lack of pression. The case involved the was "able to draw onmembers attention given to prisoners' right of Muslims to engage in of the local Islamic communimedical problems. "I en- essential parts of Islamic ty for information, support and for understanding. Through clinic. Two of those involve this assistance, I developed a the conditions in the protecsense of an essential feature of tive custody unit. He has also the Islamic religion." inherited the famous "Kosher Clinic work here is a food" case, which is moving welcome change for Mr. Lip- along at a rapid pace. As with sitz, who was anxious to in- the case concerning the convestigate other areas of stitutional right of congregacriminal law. When asked how tional prayer, the Kosher food he had enjoyed his first two case involves the understanmonths at the law school, he ding of a practice central to responded with wild en- the observation of a particular thusiasm, exclaiming that the faith. "office furniture has exceeded Mr. Lipsitz is currently a my wildest dreams. And I have member of the Steering Coma wonderfully large window." mittee of the Buffalo Chapter He professed to be especially of the National Lawyers Guild fond of his bulletin board, "we having worked with the Guild didn't have those at PLS." on and off since his first year Commenting on his role as of law school, when his rooman instructor, Mr. Lipstiz noted mate "dragged him to a that whereas he was "used to meeting." sizing up clients at Attica after "The Guild is an important one or two interviews," this formation in that it is a vehicle was not possible with his for drawing together attorneys students since "it takes more who don't see their work in a than one or two meetings to narrow economic and legal develop a good working rela- manner and who share certain tionship." Though he has never attitudes concerning the functaught before, Mr. Lipsitz is tions and roles of the civil and confident that he will be able criminal systems," he stated. to assist students in expanding In his spare time, Mr. Lipsitz their knowledge, as he has had enjoys movies and cooking extensive experience in the dinner for his wife, a reporter criminal justice system. "I for the Buffalo Evening News. have always approached any He is also trying to read job as a learning experience. I everything published in English hope to be able to share that before 1920 which he failed to learning with my students." read in college, since he was In this same vein, Mr. Lipsitz "too involved in sex and partyis currently sitting in on Nils ing." (He was not that inOlsen's Habeus Corpus terested in rock and roll.) seminar and was quick to note Mr. Lipstiz is also learning that he has done (and will do) Spanish, which he feels is an important tool in developing all of the reading. At the present time, Mr. Lip- and strengthening communicasitz is working on several civil tions with persons caught in rights cases at Attica for the the criminal justice system. �A Lesson In Legal Ethics Opinion March 18,1981 Vol. 22, No. 10 To the Editor: This is a comment about legal "ethics" and the machinations of an institution Managing Editor informed by those "ethics." Larry Spielberg Over the past few months I have been hearing periodic inNews Editor: Barbra Kavanaugh of what can only be stallments Feature Editor: Earl Pfeffer called "rumors from reliable Gary Games, Photo Editors: sources" concerning a situaKevin Moran tion which, if true, deeply Business Manager: Frank Bolz troubles me and ought to Contributors: Tim Brock, Frank Butterini, Joe Galvano, Ann disturb us all. As the story Meisenzahl, Michael Reilly goes, during the course of the Law Review's Write-On ComStaff: Wendy Anne Cohen, Marc Ganz, Steven Getzoff, petition the resume of a comMarty Miller, Alelxander Plache, Rick Roberts, Robin peting second year student (I'll Romeo, Joe Ruh, John Stegmayer, Amy Ruth Tobol call him/her D. Dagger) was in© Copyright 1981, Opinion, SBA. Any republication of materials herein is advertently made available to strictly prohibited without the express consent of the Editors. Opinion is one of the Review's editors. year. during every two weeks the academic It is the student published The resume apparently inclunewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed ded statements to the effect in this paper are not necessarily those of the Editorial Board or Staff of Dagger was a member of that Opinion. Opinion is a non-profit organization, third-class postage entered both the Law Review and the Policy Opinion collectively by Editorial of is determined at Buffalo, NY. Moot Court Board. Both of the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. these statements were false; Dagger was still competing for acceptance onto the Law Review and had never entered the competition for membership on the Moot Court Board. confronted with the When Alan Rosenfeld's administrative hearing before the Presiden- falsified resume, the rumors tial Commission was held this Saturday at the UB Ridge Lea continue. Dagger said that the Campus. Several other students' hearings were also heard on Saturday. Defendants, witnesses, representatives, members of resume had only been sent to a of firms and had the press, and others in attendance were shocked and dismayed small number nothing to do with him/her at the manner in which the proceedings were conducted. Students who expected to asssert their First Amendment right receiving a job offer from a to peacefully demonstrate were told that constitutional issues prestigious New York City law were irrelevant here; the essential question to be determined at firm. A phone call or series of this hearing was the matter of criminal trespass. It is important phone calls were made and it to note at this point that the Presidential Commission is chargwas discovered that, like the ed in the Preamble of its Rules and Regulations not to conduct resume itself, this was a lie. criminal investigations, but to preserve and protect the open The members of the Law discourse and exchange of ideas crucial to maintaining an in- President's Corner stitution committed to "higher learning." Certainly, there are few issues more relevant to the Presidential Commission than the students' right to peaceful political demonstrations guaranteed by the New York State and United States ConstituEditor-in-Chief Ralph W. Peters Justice III Served Review (or at least those who knew about the event) wanted to have Dagger appear before the Faculty-Student Relations Board (FSRB), the law school body that deals with student disciplinary issues, and also wanted him/her disallowed from further Law Review com- petition. Dagger, however, is said to have insisted that s/he be allowed to continue to compete for a position on the Law Review. In addition, the story "grapevine," the two "prestigious" student organizations made a deal. Dagger would not be allowed to continue in the Write-On Competition. In return, neither board would press for disciplinary action. (One in- dividual told me recently that Dagger no longer has his/her summer position in the New York law firm. However, it is unclear whether this is a consequence of Dagger informing the future employer that the obtained the continues, s/he services of a reputable and in- resume had been less than true fluential Buffalo attorney or whether the law firm found (known here as Oxforia) who is out from a grapevine of its said to have come to the own.) In addition, Dagger school and threatened drafted a letter {te#e«?) to be members of the Law Review sent to the firms that had and the school itself with legal received copies of the false action on Dagger's part if s/he document to the effect that were kept from competing in his/her resume was less than the Write-On Competition. Ox- 100% accurate. (According to foria is then said to have gone the same individual, Dagger's to the Moot Court Board to tell letter was written in such a them that the Law Review had way that a reader might already agreed not to take any suspect that the false informaaction against Dagger and that tion made its way onto the they (the Moot Court Board) resume without any intention to reap whatever benefits ought to do the same. The story does not stop here. might ensue.) I want to repeat that all the An influential member of the FSRB (referred to here as Pro- above information comes by fessor Bojangles) is said to way of "corridor conversation" have urged both the Law and rumor; hence my use of Review and the Moot Court fictitious names. Dagger may Board to discontinue any of- not have lied on his/her ficial sanctions against Dagger. resume. In fact, we in the law Apparently, between Bo- school community have no jangles' urgings and Oxforia's way of knowing whether Dagthreatened legal action and ger's resume contained any unwhatever other influences true information whatsoever. have not made it onto the -continued on page 7 Reagan Razes Student Aid tions. In addition to being denied the opportunity to assert their First Amendment rights, because criminal trespass charges against many students are still pending, they were also effectively barred from speaking on their own behalf for fear that any of their statements could be used against them in a criminal proceeding. Their ability to defend themselves at this administrative hearing was further restricted by the hearing officers' limitations on the use of witnesses. Law students who were acting as representatives complained that their objections were routinely denied, while those of the prosecution were routinely sustained. Moreover, students' requests that the hearings be "open" were generally, although not uniformly, denied. As one law student put it: they wanted to play the hearing game, but not listen to all the facts; they wanted to play the criminal game, but not follow all the procedures. It is understandable that the new Administration would want to put behind it the bad taste which Ketter left everyone with, but to do so by creating a "hybrid" hearing procedure is wrong, not only in its abridgement of the rights of the immediately concerned students —but also in the very dangerous precendent it sets for the future. The Presidential Commission either provides for informal full and fair hearings in which all facts and viewpoints are heard, as befits a Univerty body, or it does not. A hybrid of informal administrative and formal criminal procedures satisfies neither the rights of the student nor the needs of the University community. A precedent has been set where the Administration can, in an arbitrary and capricious manner determine the outcome of the proceedings by tampering with ;:he procedural guidelines. This patently unjust manipulation of what should be neutral rules smacks of the days of the Star Chamber and the Auto de fe. Start Training Now for the RACE JUDICATA 2.3 mile run on April 16, at 3:00 p.m. Start and Finish in front ofO'BrianHall Open to All Law School Personnel 2 Opinion March 18, 1982 by Robin Romeo Opportunity Grant. He has made these attempts in spite Time again for student lob- of the fact that he is in general bying efforts against proposed agreement with President budget cuts in financial aid. Reagan's economic policy. An President Reagan has deci- influential member in the creaded to exclude Guaranteed tion of the President's Student Loans in varying economic policy, jack Kemp percentages in the 1982-83 and has also made attempts to stop 1983-84 budgets. the cuts. It is vital to their interests A huge number of law students along with other that students participate in the graduate and professional fight against the cuts. Congress students will be drastically af- must be made aware of our fected. In Fall 1981 alone, the concern and our interest in students at UB Law School preserving these funds. All SBA took out nearly 3.5 million directors are currently cirdollars in guaranteed student culating petitions voicing our loans. The total for UB dissent which I urge all to sign. graduate and professional The SBA is also in contact with students was close to 15 SASU, the university wide stumillion dollars. Cutting these dent lobby group. Graduate funds would effectively limit Student Association, and the the ability of many students to Graduate School. further their education. The Your. support, concern and budget would eliminate ap- efforts are needed to effectiveproximately 15% of the funds ly stop these eliminations. You in 1982-83 and 54% in 1983-84 can write or telephone the and specifically all loans to following to express your conprofessional (Law, Mcd, Dent) cern: and graduate students would The Honorable Paul Simon, be eliminated in 1983. Representative Jack F. Kemp U.S. House of Representatives, and Senator Alfonse D'Amato 227 Canon HOB, Washington, have already made attempts to DC. 20515 The Honorable Robert T. oppose these changes. Senator D'Amato, a member of the Stafford, U.S. Senate, SubcomSenate Appropriations Com- mittee on Education, Arts and mittee has made it clear he Humanities, 5219 Dirksen SOB, disagrees with the cuts and in Washington, DC 20510 addition introduced a sucThe local cessful amendment to the changes are: telephone excommittee of an additional 75 million dollars to be added to Sen. Daniel Moynihan (716)846-4097 the Supplemental Educational — Sen. Alfonse M. D'Amato (716)846-4112 Rep. Jack F. Kemp (716)846-4123 Rep. John. L. LaFalce (716)846-4056 — Rep. Henry J. Nowak (716)853-4131 — — — and contact your SBA director: First Year Directors: Tim Brock, Jan Davidoff, Irene Hirata, Ron Osson, Jill Paperno, Robert Turkewitz Second Year Directors: Jeff Eisenberg, Joyce Funda, Sylvia Fordice, Julia Carver, Carol Guck, Richard Wiebe Third Year Directors: William Altreuter, Thomas Catalano, Mathew Modica, Suss, Dale Morgulus, Sherwin Pauld'Aloisio 1 cU ■' ' Rosenfeld Thanks All «9HO l!/ To the Editor: I'd like to express my gratitude to all the students and faculty who were concerned about my suspension and who found ways to try and help. I remain very impressed with the way you came through for me. Thanks again. Sincerely. ■ Alan Rosenfeld �Rosenfeld Suggests Changes In Regulations Editor's Note: Alan Rosenfeld ws arrested and suspended while acting as a legal observer at the Squire Hall dosing. When the Opinion interviewed Rosenfeld his suspension had already been lifted but he had yet to have his day in court. by Earl R. Pfeffer Opinion: Where do things stand — what's that state of your suspension? Rosenfeld: the moment I'm temporarily reinstated in school. Dr: Sample removed the temporary suspension against me and twenty eight others. At Opinion: I thought thirtyeight people were suspended? Rosenfeld: No. Thirty-two students were suspended and seven non-students were barred from coming onto campus. Twenty-nine of the thrity-two students requested hearings. The one student denied a reinstatement was Mark Halpern, who was accused of coming onto campus while the temporary suspension was in effect. Rosenfeld: I've got a and suspended protesting the Presidential Commission hear- closing of Squire Hall. ing this Saturday [March 13] at I was there because when noon. students engage in political protest they have a right to Opinion: How does the have non-participating legal Commission function? observers to be there to act as Rosenfeld: It consists of 18 individuals. Six are students, six are faculty and six are administrators. The school gives the hearing to conform with due process rights. The accused can confront witnesses, present evidence and call witnesses of his own. The catch is that the President, in making the final decision on the matters before the Commission can do whatever he wants regardless of the recommendations of the others hearing the case. Of course he can be more lenient as well as more severe in his decision. Opinion: Have some hearings already been held? Rosenfeld: Yes. The prosecution asked for probation and most got up to one year. These procedures exist as a way for the University as a communty to deal with students who by their actions pose a danger to the smooth functioning of the community. While some such regulations potential witnesses. are necessary, it seems to me that several administration ofOpinion: Why were legal ficials and public safety ofobservers necessary? ficers abused their authority and by their actions posed a Rosenfeld: In this instance, clear and present danger with the rumors of possible police provocation of violence (in fact someone had come to an earlier meeting advocating violence, and was pointed out as having been seen in police uniform), and with the University administration irresponsibility acting in ways that seemed also intent on provok- ing a confrontation, when the University decided that they didn't want witnesses, it became all the more important that there be witnesses. Opinion: How did you know the University didn't want witnesses? Rosenfeld: The University unfortunately made it clear Opinion: Do you expect to that it didn't want outside witnesses by not making arget similar treatment? rangement for witnesses to be Rosenfeld: I'm not that wor- present. It was the students, Opinion: For what offense? ried about the disposition of fully intent on acting in an abmy own case. I'll be out of here solutely non-violent way who Rosenfeld: While picketing in two months, and I'll still be wanted witnesses. at Main and Bailey he stepped bringing a §1983 action. But I onto campus. Security picked think a year's probation for Opinion: And they conhim up. Witnesses say it was a tacted you? questionable arrest, for if he stepped onto campus it was Rosenfeld: The organizers of only by a matter of feet he the rally called me and asked and several others were me to arrange legal observers. picketing near the entrance to the parking lot. Opinion: Why you? — Opinion: What about the criminal charges against you? Rosenfeld: I didn't want to get arrested. As a matter of Rosenfeld: While I'm reinstated in school, I still have crminal charges facing me on the trespass charge. I will be arraigned on Wednesday, March 17 at City Court. I really expect the criminal charges to be dismissed at some point. They may offer me adjournment in contemplation of dismissal, which I may ac- (Moran) 'The Administration unnecessarily drew students into a potentially violent scene/ fact I didn't even want to be there. I would have been much happier just going to the jazz concert and being free to go out with my friends later and get drunk. But someone had to do it. And no one else would have done it. Would you have done it? I'd be really happy in the future if someone else gets called and takes the respon- cept. everyone else is much too sibility. That's called an ACD. What severe and is totally unaccepOpinion: What was the legal it means is that they adjourn table. basis for the suspensions? the proceedings for 6 months, Opinion: Some students and if no trouble occurs during Rosenfeld: Procedure IV of that period, charges are have been critical of your acdismissed. Of ocurse if I get in tions, saying that you acted ir- the University's Rules and Regulations provides that the new trouble, I will face charges responsibly. President may suspend a stuon both offenses. Rosenfeld: I knew what I dent, pending a hearing, if he Opinion: Doesn't that put was walking into and I knew believes that the continued limitations on your political why I did what I did. In fact, I presence of the student on activities? Say, for example, knew why I had to do what I campus would constitute a you choose to be a legal did. But that doesn't justify the danger to people or property observer in a different context? University's carrying out its or would pose an immediate threat to arrest and suspend. threat of disruptive inRosenfeld: I may not accept terference with the normal Opinion: You mean you conduct of the school's acthe ACD because of the strings. I may request an outright believe that the issue of tivities and functions. dismissal or else demand a jury Squire's closing warranted Opinion: So what is your trial. If all thirty-nine ask for your actions? claim against Dr. Ketter? jury trials, the prosecutor will Rosenfeld: I honestly felt probably want to join the Rosenfeld: Dr. Ketter clearly cases. But since the facts of my that the issue of Squire Hall case are distinct, I will ask for alone, and student's anger and abused his power which was to frustration over the gutting of suspend dangerous students. my own trial. their Union was not an issue Dr. Sample acknowleged that Opinion: You said your worth taking the risks of arrest. none of them were dangerous reinstatement was temporary. However, I didn't get arested by reversing Ketter's decision. mittee to determine if grounds exist for a public hearing on the behavior of any individuals in the administration or public safety. This committee should have the same power as the Presidential Commission to recommend appropriate action. Opinion: What type of behavior needs to be in- vestigated? Rosenfeld: Dr. Ketter abused his authority by suspending students in violation of the intent of the SUNY regulations. Dr. Ketter and his assistant Ron Stein intentionally provoked a confrontation with students. On the Thursday before the arrests I personally asked Ron Stein to delay the eviction of Squire Hall tenants until early Saturday morning when there would be less chance of anyone being there who didn't intend to be there. By refusing to change the time of the eviction from Friday .night, after a large UUAB concert, the administration Suggests that 'all temp(Moran) risked large numbers of orary suspensions be approved students being drawn into a within 24 hours by student panel' potentially violent scene. It themselves to the safety of was unnecessary. One public safety officer, students and property on campus. who we hope to identify, pushed a camera into a student's Opinion: Can the pro- face. Another officer was abcedures be changed to offer solutely unnecessarily rough students greater protection? and abusive during the processing of the arrested Rosenfeld: This points out a students. pressing need to modify those Lee Griffin, the Director of state-wide regulations under Public Safety, lied about my which a President of a SUNY behavior to Dean Headrick. school can suspend a student And apparently this inhibited without a hearing. the Dean from actively inI'd suggest a simple change tervening on my behalf. These incidents deserve to in those regulations to require that all temporary suspensions be investigated. We need to must be approved within determine what other abuses twenty-four hours by a three- of authority have occurred. The University needs to be prostudent panel. There is also a need for a tected from those individuals special student-faculty com- and from that kind of behavior BAR EXAMS AREN'T LIKE LA W SCHOOL EXAMS Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1982 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 6, 1982, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. for taped Buffalo clinic, see UB Tuition: $125 Agent: Aldrlc Reid - - - , KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 March 18, 1982 Opinion 3 �Chemical Dumps: Time Bomb on The Niagara Frontier? by Frank Butterini herent irony of this situation. When Dulbecco received the "The future ain't what it used to Nobel Prize in 1975 for his be." Arthur Clarke. research on cancer, he remarked that "while we spend our Question: Who kills ten life asking questions about the times more Americans every nature of cancer and how to year than die in automobile ac- prevent it, we merrily produce cidents, yet hardly ever rates a carcinogenic substances and mention on "Eyewitness permeate the environment News"? with them. We do not seem Hints: He loves New York. prepared to accept the He does more business per sacrifices required for the efcapita in this state than any fective prevention of cancer." other except for New Jersey. A few years ago, the NaHe loves New York State tional Cancer Institute comwomen. He attacks more pleted a twenty year examinawomen per capita in this state tion of overall cancer death rates on a state and county than in any other. One of his favorite hangouts basis. Its findings clearly showis Niagara Falls. ed excess cancer rates for peoThere is a one in three ple living in industrialized chance that he may strike you. — His name is cancer. Cancer is the Black Plague of the twentieth century. It is a growth industry. Back in the days of Justice Holmes it was a relatively minor cause of death after heart disease, accounting for more than one-fifth of all deaths. It now stands as the only major killing disease whose incidence is on the increase. It is now widely accepted that at least three-quarters of human cancers are caused by environmental factors. These factors encompass a wide range of influences, including background and man-made radiation, smoking, naturally occuring plant, bacterial and chemical carcinogens and industrial chemicals that contaminate the air, water, food, consumer products and the workplace. A cursory glance at these factors quickly leads to the perception that many of these cancer causing factors are man made and ultimately humanly controllable. Renato Dulbecco, a Nobel Laureate in medicine, pointed out the in- worst of an industry that is fundamental to our way of life. Almost every major chemical manufacturer has a major plant along the city's Buffalo Avenue, a veritable Chemical Row. The forces which constitute the most famous water- fall in the world also supply the cheap electricity that has attracted the industry. While the waterfall is the image readily brought to mind when thinking of the area, the landscape is in fact dominated by the chemical industry. The chemical industry is the area's major employer. It is the city's major taxpayer. The industry cannot be dismissed as In the mid 1970/s the City of Niagara Falls constructed a state-of-the-art waste water treatment facility intended to detoxify the chemical wastes it received through the sewer system before discharging the water into the Niagara River. Late last year a study brought to light thefact that the plant's carbon beds, which were intended to remove organic chemicals from the waste water before discharging into the river, had been out of com- mission for two years. Industries are permitted to dump their less hazardous wastes directly into local waterways. But their more hazardous wastes, those which a mere wage-payer. The industry also exacts its go beyond "safe levels" must be directed to the municipal treatment facility for a final detoxifying treatment before discharge into the river. Carbon beds are intended to remove organic chemicals. This class of chemicals which contains such materials as chlorine and hydrogen, rarely, if ever, are found in nature. (Spielberg) Chemical companiesalongroute to Niagara Falls Many are non degradeable and areas, particularly in the vicinpound of flesh. It contributes a persist in the environment and ity of chemical plants. major share of the 468 million in the body. They are able to While some of the excess gallons of waste water dumped accumulate and concentrate food chain. As a group, cancers in males were figured into the Niagara River each in the contain a to be due to exposures within day. Nationwide, the industry organic chemicals ninety million disproportionately high produces the chemical plants, the excess of toxic chemical number of carcinogens. female cancers were thought pounds need City officials contend that in wastes of storage; over to be due primarily to the conwastes find their the failure of the carbon beds half of these community of tamination the Niagara County for does not constitute a hazard in air and water by carcinogens way to disposal. The county is the itself, but would constitute a from originating the plants chemical wastebasket for danger if other locales were themselves, from leakage from states. There exists not adequately monitoring thirty-five sites, waste storage chemical dumpsites discharge in their areas. Un or from chemical dumping into over two hundred chemical forunately, often one storing hazardous waterways. wastes in the county. Extreme municipality doesn't know Niagara County has the ly carcinogenic chemicals what his neighbor is or isn't dohighest cancer morality rate in have been found in the ing. Meanwhile, these officials the state, and one of the Niagara River and its basin. don't expect the carbon beds highest in the country. The Lake Ontario, for over a to be repaired until June of county also constitutes the decade. The chemicals have 1984. chemical industry Hall of been found in fish and Late last month, the EnFame. It houses the best and plantlife. vironmental Protection Agen- ' cy (EPA) reversed itself and decided to allow dangerous li- quid wastes of the type that caused the disaster at Love Canal to again be buried at landfills. The EPA explained that the change came in response to industry complaints that the price of complying with recent regulations was too high, and that such methods as incineration of toxic wastes were too costly. But Marvin Durning, a former EPA attorney now in private practice, noted that burying chemicals in landfills will lead to serious problems. "All the experienced have is that drums leak. Some leak quickly, some leak slowly. But drums disintegrate gradually and they leak." This action comes amid complaints that the Reagan Administration is failing to implement the $1.7 billion superfund program intended to clean-up the inumerable toxic wastes dump sites around the country. Introduced into the state legislature in this current session is a bill that would create a state superfund, to supplement what is seen as an inadequate federal program. The bill would require generators of waste to pay into a fund an amount of money comparable to the amount of wastes they generate. This would enable the state to ensure that adequate facilities exist for the dumping of wastes. However, chances for its passage appear slight. Thus, while numerous scientists agree that cancer is largely attributable to environmental causes and can be prevented, it appears that with the current governmental outlook it is unlikely that much will be immediately accomplished. A. S.B Appoints Paperno To Vacant Directorship by Tim Brock Niad's resignation While millions worldwide feared that doomsday had arrived last Wednesday, the ever-optimistic SBA elected Jill "Che" Paperno to fill the first year director position vacated by Cindy Niad. came Seven candidates were inter- with fewer than forty-five viewed by an ad hoc commitschool days left in the tee of first year directors semester, thereby invoking the before the committee evenSBA's constitutional provision tually endorsed Paperno. All which allows the organization seven were queried about their to forego a general election interests, experience, and prior and decide internally who involvement in law school acshall fill the position. tivities. Policy Statement: P.A.D. Phi Alpha Delta is an international professional association of law students, law teachers, and members of the Bench and Bar. Our purpose is to form a bond of fraternal fellowship among members and to promote integrity and competence in the legal profession. Phi Alpha Delta has over 165 active chapters located in 57 nations around the world. For the law student PAD helps bridge the gap between the academic emphasis of law legal education and promotes a kind of fraternal friendship that lasts well beyond graduation. Activities at the Alden Chapter here at Buffalo Law School include our famous PAD Booksale held at the beginning of each semester. We also work closely with the Red Cross to sponsor a Bloodmobile at the Law School twice during the academic year. A few weeks ago Alden Chapter representatives traveled to the District Conclave in Albany to meet with members of other chapters in the Northeast. This August our chapter will be represented on the na- school and the realities of practice. This is accomplished through numerous social and professional activities which we sponsor throughout the year. For the alumnus member tional level when we send there is life after law school. delegates to the Fraternity PAD encourages continuing Convention in St. Louis. 4 Opinion March 18, 1982 Locally, our most recent social success was the Second Annual Mardi Cras beer-andwings party at the Pierce Arrow. We also present several "First Floor" kegs throughout the academic year. An initiation once per semester welcomes new members ceremoniously and is followed by a traditional Initiation Dinner. In the crystal ball we forsee long-range plans to cosponsor a seminar with alumni and members of the local bar. Don't miss our JELLYBEAN CONTEST at Eastertime! Election of officers and initiation are coming up soon. New Members are always welcome. Visit us at our office in 506 O'Brian for all the details. "lt was a very tough deci- ongoing debate about sion," according to Ron Osson, Reagan's foreign and domestic the first year director who policies." organized the search. "We had When asked about the proseven highly qualified, highly mises she made to some motivated people to choose members of the ad hoc comfrom. Although the committee was unanimous in its support for Jill, we felt favorably toward each of the other can- didates." "In the end we chose the indvidual we felt would be the most active and vocal representative of a broad range of student interests. Personally I liked her choice of cigars. I'm hoping to bum a few off her during meetings." Aside from her promise to provide occasional comic relief, Paperno is reluctant to speculate about what she will do with her position. It's too early for that," said Paperno. "I don't want to bore people with the standard rhetoric. Of course, I want to get people involved, but I think the real problem here is keeping people informed." "Developing better methods of communication within this law school is essential. I also think there should be more law student involvement in the (Moran) New first year director I• 11 Paperno posing 'incognito' about shaving her unwieldy beard, wearing attire mittee other than her usual khakis, and cutting back on the number of smelly Havana cigars she smokes during political meetings, Paperno responded: "Never trust a communist." SBA President Robin Romeo said she was pleased with the selection of Paperno and also with the strong showing of interest in the SBA. "I hope (the seven ap-continued on page 8 �N.Y. Embraces Exposure Rule In Asbestos Cases Editor's Note: This concludes our series on asbestos, its link to disease and the right to recovery of individuals injured from asbestos exposure. by Alexander Plache While the previous installment of this article showed the fairness and justice of the discovery rule, there are courts which do not recognize it in all cases. Certainly the most surprising of these jurisdictions is New York. In the recent case of Steinhardt v. lohns-Manville Corp.,. Ng> 435 NY_ decided 0ct0ber,29,1981, the Court of Appeals specifically rejected the discovery rule in cases where the plaintiff alleges a cause of action for a latent disease. In so doing the high court held that the "cause of action accrued at the time of invasion of decedent's body, and not at the time the condition became apparent." In so holding, the court effectively barred the victims of asbestos related disease and other latent diseases from recovering damages against the manufacturer of the substance which caused his injury. It is noteworthy that exceptions designed to mitigate the harshness of the exposure rule do exist in New York. Two exceptions have been legislatively codified in §214 of the CPLR. These exceptions are the foreign object rule applicable to medical malpractice actions where a foreign object is left inside a patient by a physician or nurse, and the agent orange exception which specifically extends the suit for the loss of an eye from statute in actions for personal cancer which he alleged was injuries arising out of exposure caused by an injection of a to the highly carcinogenic drug manufactured by the defoliant used during the Viet- defendant chemical comapny nam war. The Court held the action was The court in Steinhardt bas- barred because not initiated ed its decision upon the case within three years of the injecof Schmidt v. Merchants tion even though the plaintiffs Dispatch Transp. Co., 270 NY cancer was not discovered un287, the cases that follow the til years later. Schmidt Rule, Schwartz v. In Thorton v. Roosevelt Heyden Newport Chemical Hospital. 47 N.Y. 2d 780, decidCorp., 12NY2d 212, and Thored in 1979, New York's high ton v. Roosevelt Hospital, 47 court again reaffirmed its reNY2d 780, and upon its belief jection of the discovery rule. that the change in the law In Thorton the plaintiff alleged which was urged upon the that a thorium dioxide court by the plaintiff was one substance injected into the that should be left to the decedent's body resulted in legislature. In the Schmidt case the onset of cancer. The court the plaintiff contracted expressly held that "the cause pneumoconiosis as a result of of action accrued at the time inhaling dust which has of invasion of decedent's body negligently accumulated in the and not at the time the deceair during the course of his dent's cancerous condition employment. The court in became apparent," 47 N.Y. 2d Schmidt held that, "the injury at 781. The court further stated occurs when there is a that any change in the rule wrongful invasion of personal should be made by the or property rights and then the legislature. cause of action accrues In Steinhardt the court The statutory period of limita- overlooked the fact that since tions begins to run from the the time when Schmidt was time when liability for wrong decided the New York has arisen even though the in- legislature expressly adopted jured party may be ignorant of discovery rules in situations the existence of the wrong or where an exposure rule would be unjust. The court also iginjury." 270 NY. 287 at 300. The Court of Appeals affirm- nored the trend toward some form of discovery rule in such ed that the principle announced in Schmidt that the statute cases in jurisdictions outside of limitations in a negligence of New York. Finally the court action begins to run at the time failed to discuss the inequity of exposure to a deleterious of the result it reached in light substance in Schwartz v. of the fact that there was no Heyden Newport Chemical possible way in which the acCorp., 12 N.Y. 2d 121. In tion brought by the plaintiff Schwartz the plaintiff brought could have been initiated and . sustained during the time allowed by the 3-year tort statute of limitations applicable to the case. Had the plaintiff brought his action within the prescribed period, but prior to the date on which the disease manifested itself, the action would have been subject to dismissal for failure to show an actual injury. It is interesting to note how the lower court in Steinhardt attempted to circumvent the harsh rule of Schmidt by distinguishing an action founded in negligence from one brought in strict liability in tort. (McKee v. lohns-Manville, 94 Misc 2d 327) Judge Kuszynski of the Erie County Supreme Court held that while the cause of action brought in negligence was subject to the Schmidt rule, that brought under a theory of strict liability in tort was not. In an action sounding in strict products liability, the statute of limitations runs from the time of diagnosis unless the defendant can show that the plaintiff should have, in the exercise of diligence, reasonable discovered earlier the nature and cause of the disease. The Appellate Division rejected Judge Kuszynski's differentiation between the two causes of action and held that the three year tort statute of limitations was applicable to both and that it began to run at the time of initial exposure to the asbestos [Steinhardt v. lohnsManville Corp. 78 AD. 2d 577). The Court of Appeals then affirmed the decision of the Appellate Division. judge Fuchsberg wrote bitter dissenting opinions in both Steinhardt and Thorton stressing that their results were unjust in that they barred the plaintiff from asserting an action before it arose. In his dissent in Thorton Judge Fuchsberg wrote that the precendent created by Schmidt and Schwartz are not insuperable obstatcles and should be overruled. "It is no impermissible slight to the rule of precedent to remember that, as with decisional law generally, what is judge-made can be and, in appropriate cases, should be judgeunmade. Stare decisis is a malleable rule, not one bound by hands of steel," 47 NY. 2d at 784. There is no doubt that the ' result in Steinhardt is extremely unfair to plaintiffs who suffer from an asbestos related disease. The fairness and equity of a manifestation or discovery rule mandate that such a rule be adopted by every state. The injustice which results to plaintiffs who are barred from court before their cause of action accrues more than justifies the burden which the discovery rule would place upon defendants to such actions. Unless the court reverses itself soon or unless the legislature immediately adds a provision governing such situations, most of the actions now pending will be subject to motions to dismiss for not being brought within the prescribed statutory period. The Steinhardt result is truly a travesty of justice. Gambling with the New York Bar Exam can be hazardous to your I*, career. lotWe regret that we don't offer , teries, freebies or rabbits feet. What we do offer is the overwhelmingly most popular and successful bar review course in successful in New York and the country. There must be a reason why. BAR/BRI The Review Course Taken by More People Studying For the N.Y. Bar than ALL Others Combined. March 18, 1982 Opinion 5 �Commentary Life In Nicaragua Found To Be Greatly Improved by Anne Meisenzahl Chilled as one is in Rochester by biting winter winds, it is difficult to imagine the blazing sun and fertile of greenness distant Nicaragua. Its rolling shores rest on two oceans; its land is rich with coffee, sugar, cotton, corn. But its climate and geography are only some of the factors that make this small Central American country worthy of note. Nicaragua is currently capturing much of the attention of the U.S. media. Preoccupied with the military help Nicaragua has received from Cuba and the Soviet Union, news reports ignore the deeper realities of post-revolutionary life in this country. What has the Sandinista victory meant for the daily lives of the Nicaraguan people? What are their needs and are they being met? The 2.5 million inhabitants of this lovely land have recently emerged from decades of hardship. Six thousand of Managua's city blocks were laid flat nine years ago by an earthquake still terrifyingly vivid in the memories of the survivors; during the reign of former President Somoza, no attempt was made to rebuild the destroyed capital. Every one of Nicaragua's cities carries the scars and rubble of a long and bitter civil war. The people have been miserable under the yoke of the Somoza family for 40 years and only now are beginning to unloosen the grip of poverty. One of the most obvious Analysis — population was illiterate. Beginning in March of 1980, primari200,000 volunteers ly high school aged youth traveled by truck, boat, into the Finally there is not even a horseback and foot mountains. For five months functioning seat of governto read, they taught people ment in the North, as political the illiteracy rate was ofcontrol is exercised directly by and ficially dropped to 12 percent. Great Britain. The result is that One month after victory, the governmental decisions that Department of Preschool gretly affect the lives of both Education was formed. Prior to Protestants and Catholics in only families who this the North are made by neither. couldtime, privately-run The struggle in Northern schools afford place their could Ireland is usually depicted as a children in such programs; religious war. But, as in many since then, hundreds of new other parts of the world, a per- Irish Conflict Hits Buffalo by Michael Reilly elaborate in a public forum the common program of the This year Buffalo's Irish various political organizations community had something striving to end 800 years of colnew to think about as they onial rule of Northern Ireland paraded down Delaware by the English. Avenue and lifted their glasses These trials will focus attenof green beer. That "something tion on the warfare that has new" to ponder over was the plagued Ireland during this fact that nine Irish men and lengthy The period. women were arrested since January 21,1982 attempting to enter the United States. On January 21, Owen Carron, who is a member of the House of Commons for Northern Ireland, and David Morrison, who is editor of the Republican News in Dublin, were arrested for possession of fraudulent papers. Carron and Morrison were on their way to speak at a meeting of the Irish Northern Aid in New York City that evening. Both had applied for visas and been denied them by the United States Government. On Friday February 6, 1982 Desmond Ellis and Edward Howell were arrested at the Whirlpool Bridge in Niagara Falls and accused of presen- ting false information when attempting to enter the United States. Since then the U.S. Government has offered documentation which links both Ellis and Howell with the assassination of Lord Montbatten on August 27,1979. Ellis is also wanted for skipping bail on an explosives charge in Dublin. Ellis is presently in the New York City Federal Jail and has sought political asylum. Bail has been posted for Howell, Carron and Morrison by sympathetic local families. Although Carron and Morrison were not able to attend the meeting in New York City it now appears that they will have the opportunity to bring the "Republican" message to Buffalo instead as a result of their trials here. They will have a chance to 6 Opinion Republican movement stands for the proposition that "an Ireland unfree can never be at son's religion may merely be To achieve this peace the the easiest way of identifying Republicans propose the him or her. Often it also stands withdrawal of British troops for their economic and social from Ulster (the six northern- position. most counties in Ireland) and If Northern Ireland's severe the initiation of a process to economic and social problems reunite Ulster with the were addressed, there would Republic of Ireland (the 26 be little kindling for the counties in the south). religious fires. The process of Under the existing system in reunification will begin when Ulster the Protestants are bet- both Protestants and Catholics ter off than the Catholics. realize that the potential of However, the Republicans Northern Ireland can only be maintain that the real benefits realized by cooperation and of this system go to the in- not by continued political and dustrialists in GreatBritain and military stalemate. are at the expense of both the The first step in this process Catholics and Protestants in is for Great Britain to relinquish political control over the North. For example, in Belfast's Ulster. Other former colonies shipbuilding yards, which of Great Britain have been make up one of Ulster's largest able to settle internal proindustries, the traditional blems and implement self-rule and so can Ireland. employment practice has been to hire the Protestant workers Economic and social and exclude most of the equilibrium in the North will Catholic workers. The result is not be struck easily, but a a system in which the Protesbeginning can be postponed tant workers who are no longer. employed can afford to live in The cause of Ireland has better housing and send their always been a lively topic of children to the superior conversation, and has had schools. broad support among the peoThe Catholics, because of ple of Buffalo. The upcoming their decresed earning power, trials will give this cause a are forced to acept housing more local and personal and schools that are inferor. character. Just as the As fighting has intensified, resurgence of the Republican the Catholic population has movement in Ireland during been forced to increasingly the 1960s produced an concentrate itself into awakening among Irish neighborhoods as a safety Americans, so too these trials precaution. Most of their can be expected to leave an inneighborhoods are also the delible mark on the people of Western New York. most undesirable. peace." Much 18, 1982 — full of signs that change has taken the Virgin Mary place as a result of the revolu- fireworks and children's without anxtion is the absence of fear. musical voices Remembering a painful period iety or fear. of their recent history, The material lives of these Nicaraguans are quick to tell Central American people have of their many frightening en- greatly changed as well. The counters with the Somoza Na- oft-quoted truism that this has tional Guard, of the terror that been a "revolution for the was a part of daily life; buses poor" is exemplified in the farand taxis were frequently stop- reaching improvements in ped by the government's army, public health since the new passengers forced out and in- government came to power in discriminately shot. People 1979. were often threatened, beaten Probably the most awesome and imprisoned without cause. of the Sandinista's acToday, two-and-a-half years complishments is the internalater, there is a sense of calm, tionally recognized "Great of freedom. Often Crusade of Literacy." Prior to Nicaraguans express gladness this campaign, over 50 percent that they can finally celebrate of the population did not have Christmas and New Year's in the basic skills necessary to peace; they can enjoy read a newspaper or complete "Purisma," a typically a simple business transaction Nicaraguan holiday in honor of without the fear of being cheated; in many of the rural areas, 80 percent of the — — — schools, preschools and day care centers have been built. The enrollment of preschool aged children alone has jumped from 900 to 27,000. This brief listing of a few post-revolutionary successes is not meant to suggest that all in Nicaragua is brightness. The $2 billion in war losses and damages and $1.6 billion in foreign debts that the Sandinistas inherited from Somoza are a serious impediment to rapid economic progress. The governmtent struggles with the complications of part of its a mixed economy agriculture and industry nationally-run, part in the hands of the conservative private sector. Counterrevolution, internally, on the Honduran border, and from abroad, is a daily threat. It has been difficult to read the truth about this unique nation between the lines of reporting in the U.S. press. This truth cannot be found in the bias of anti-communism and antirevolution that so often colors our information. Only in a careful examination of the real lives of the Nicaraguan people can it be uncovered. — (Anne Meisenzahl, formerly the coordinator of the Simple Gifts Child Care Program and staff person of the Western NY Peace Center, spent last December in Nicaragua to learn effects of the revolution first hand.) Viewpoint Contorts Questioned by Joe Galvano students after the Con/Torts final, there were several recur- Frankenstein's monster was ring complaints about the created by a mad scientist in course. Everyone agreed that Transylvania. Here at U.B. Law the schedule created proSchool a pair of mad scientists blems, as having the exam in have pooled their resources to February meant that other create an even more appalling courses had to suffer. creature — a Con/Torts!, a hor- Moreover, prior to the rible combination of two first- December finals, few people year nightmares, contracts and had kept up with Con/Torts. torts. Professors Schlegel! and There were many students Janet Lindgren have succeed- who were very uncomfortable ed in convincing the ad- with Lindgren and Schlegel's ministration of the law school non-doctrinal approaches. that the two courses, once "When is Schlegel going to thought of as distinctly dif- teach us some contracts?" was ferent, are practically iden- always answered "Never!" by tical. With this idea in mind the they mutually developed the believes that doctrine should new course to experiment on a be seen as a "given* with group of white mice disguised which to work, and should as first-year law students. The never be thought of as the author, alas, was one of the answer. mice. I asked both Schlegel and For the first month of the Lindgren whether they thought fall semester, needless to say, I that the experiment was a sucwas hopelessly lost in a new cess, and came away with world of legal jargon. I essentially identical answers couldn't tell torts from Katz's from both ofthem. They would triangles in Constitutional Law. like to teach the courses Luckily things pulled together together again and feel that for me by December, except they have both learned from for Con/Torts. Panic began to the experience of working set in by January when I realiz- together. ed that I had an exam in a Schlegel's response to the month. Finally, in the beginn- question was typical ing of February, things fell into "Schlegelese"... "I'm not sure place. if it was a success but I'd do it When I spoke to other -continued on page 7 �A Lesson In Legal Ethics The members of the Law Review and Moot Court Board may not have run scared from the threats of Oxforia. Professor Bojangles may not have urged the student organizations to forget the entire issue. The entire event may be nothing but vicious gossip and rumors, unfairly maligning the real names of Dagger, Bojangles, and the two student run organizations. Another possibility: the facts may be correct, but the explanations far different from those circulating around school. A lesson in legal "ethics." Someone falsifies a document that!is understood as a representation of that person's qualifications and character: a document intended to result in the employment of its author (the winner) at the expense of less fortunate authors of similar documents (the losers). Quite by accident, the falsehoods are discovered. Those who make the discovery express outrage and set out to take "appropriate" (institu- it into the ranks of the "most worthy") and an established member of the school's faculty decide that official disciplinary action is inappropriate. Predictably (predic- table, but reached. The author of lies is not removed from school; s/he receives no "F", no letter in his/her file, no suspension as might those who agreement are caught cheating on an exam (perhaps a lenient penalty for cheating on an exam); s/he is not tried and convicted as would likely be the case if, instead of a resume, s/he were the author of a forged check; no mention of the nature of his/her behavior appears on his/her official records (or so say the rumors). Instead, s/he agrees not to carry out his/her threat to take legal action if denied an opportunity to com- pete for a position on one of — services of an attorney, an extremely competent attorney, to "protect" his/her "rights." For one reason or another (perhaps the school's reputation, perhaps the student's soa career that called career does not yet exist) the "prestigious" boards of students (those of "us" preferred by our already established predecessors when it comes to job offers, opportunities, money, and a chance to make — -continued frompage 2 out to mean flimsy principles, compromise, behind the scenes "deals," and ambiguity that smacks of cowardice and hyprocrisy an "ethics" seemingly without any understanding or concern for right and wrong, good or bad, fair or unfair. How will the "good name of the school be preserved" (a likely explanation for why the issue was dropped) by burying reprehen- the episode, the pressures or reasons Dagger might have done such a thing. In fact, no one knows whether or not the event transpired. What circulates are rumors, innuendo, criticism, perhaps all of which are untrue. If no such event ever occured, some public statement ought to be made so that the reputations of the involved individuals and institutions no sible activity? Would the longer suffer. If the event did school's name not be better take place, we all ought to be served by taking steps to pre- informed; what was done, why vent the sorts of activities that has there been no official went on: "UB Law School its public action taken, why are faculty and students — situations such as these "hushbelieves in the principles ed," what can be done to about which it speaks, believes lessen the likelihood that soenough to do something about meone feels the need to injure the transgression of those prin- him/herself and the rest of us in the future. If the appropriate ciples." But why am I writing this? faculty members and students Why would I want to risk hur- are unwilling or inadequately ting a person I know almost prepared to deal openly and nothing about? If anyone — — those "prestigious" boards ought to be reprimanded it (and perhaps agrees to inform ought to be the FSRB or recipients of the document of perhaps the student organizalies that "errors were made" tions that we are told mean so document was much, not this individual who drafted). may simply have done Legal "ethics" in a nutshell. something that many of his/her We hear about the legal pro- fellow students do all the time. fession's horrible public image Ordinarily, law school gossip and the need for training in goes in one ear and out the legal "ethics." The require- other. Much of it is silly, trivial, ment that we take a course in or ridiculous. This situation "ethics" is all but shoved down strikes me as anything but our throats by the ABA and the trivial. The potential for real law school. We take the course damage as a result of rumors and learn our "ethics." But or coverups ought not be to be "ethics" immediately preced- ignored. ed by the word "legal" means What of D. Dagger, the supsomething other than ethics. In posed author of the resume. this concerned institution (and Right now s/he is simply the likely other institutions, equal- subject of "corridor truths." ly concerned) "ethics" turns No one knows the specifics of tionally appropriate) action. when the The author, however, far from contrite, takes the "lawyerly posture" s/he purchases the nonethless outrageous) a deal is made, an .-. Contorts ... again." Professor Lindgren agreed that the schedule caused some unforeseen problems. At the time when she felt that the class was gathering momentum, the students stopped preparing for class when confronted by the December exams. After the winter recess, it was difficult to regain any momentum as there was an exam scheduled only a month later. Professor Schlegel felt that he and Professor Lindgren were unsuccessful in their attempt to pull students away from their notion of looking at contracts and torts as separate effectively with a situation which, in one way or another, affects all of us, then the mechanisms by which such situations are processed must be recognized-as inadequate and other avenues of "solu- tion" or "prevention" ought to be explored. What sort of "ethics" can we imagine that would foster (in fact create) a situation that presents either of two possibilities: an innocent individual is unfairly maligned or a person who has committed an outrageous offense against his/her peers is not required to account for his/her actions. The profession's monotonous response to exogenous demands for regulation comes to mind: "The profession polices itself!" .ridiculous. . David Bryan Schwartz —continued from page 6 entities rather than viewing the two as one. He attributed this as partially due to the embedded notions which the students bring with them to law school. He feels that it would take from 12 to 18 months to put these notions to rest. The schedule for next year's first year class is not yet certain, but as of March 8 according to Schlegel, contracts and torts will be taught for six hours a week during the fall semester, although not necessarily in the Con/Torts mode. However, there will be a twist Lindgren will teach contracts and Schlegel will teach torts. — Flowing) March 18, 1982 Opinion 7 �A New Game Called 'Stallball' Is Cheating Fans to Quebec for Frycer, one of they have a little power to can be drawn between this inQuebec's endless supply of back it up. George Foster gives competence and the of- his slim margin. Not only would the spectators uproariously complain about not getting their moneys worth, but the referee is empowered to insist that the parties that are in the ring to fight do exactly that, and may penalize one who fails to do so. to preserve by Steve Getzoff The regular college bastketball season has concluded and 48 chosen elite now attempt to make their way to New Orleans, to be classified as one of the "final four." Since by the time this article is published, most of my picks will have been eliminated, I will forego While the shot clock such predictions and instead represents the only hope for focus on one matter that is, or the enternal salvation of colshould be, of grave concern to lege hoops, its adoption may college basketball. The matter, take a few years, which is a few as anyone who suffered more than the game can afford through the ACC champion- to wait. In the meantime, the ship game last week could tell NCAA should probably adopt you, is the age-old, but newly a procedure similar to boxing, popularized game known as and allow the referee to warn, "stallball." The art which has and eventually penalize (either been perfected by the ACC, by turnover or technical foul) a has been employed by teams team that blatantly refuses to protecting slim leads with as play the game of basketball for much as ten or fifteen minutes extended periods of time. in the game. The result is that Otherwise, in a few years, the fans (and players for that there will be no one but retired matter) are being cheated out coaches in the stands. # of at least a quarter of a game * * of basketball, whereas in the Althought the weather may NBA one would cherish the op- indicate otherwise, April, and portunity to see a game go the NHL playoffs are only a down to the wire. In college few weeks away, which means basketball, all that would that Crat Trans grades should mean is the team with the lead be up in a month or two. The and/or ball with five minutes NHL trading recently passed, left waiting for the last shot. seeing St Louis making several Until Minnesota bored lowa in- changes in an effort to gain an to defeat a few weeks ago, I edge on Winnipeg, their evennever thought I would sleep tual first round opponent. through double overtime in a Hanlon, an excellent basketball game. goaltender from Vancouver In order to put this was obtained to assist heavily phenomenon in perspective, I overworked Mike Liut. Guy Lasuggest that you imagine a pointe joined the Blues in exchampionship fight of the change for that ever present Leonard-Hearns variety, where trade bait, future considerathe fighter ahead on the cards tions. Toronto, for no apparent after 10 rounds refused to reason, since the team is going engage in further combat so as nowhere, traded Wilff Paiment I ( HZ%%%A EVIDENCE One phenomenon even more distrubing than the aforementioned stallball in the NCAA is the consist refusal by NHL referees to call the final 15 minutes of a game the same way as they call the remainder. Hockey has got to be the only sport in existence where officials lack the fortitude to make the critical calls in the that takes even one or two final minutes, adopting a "see no evil" posture. An informative comparison their own. * * * The Yankees began the 1982 preseason much in the way they finished last October, losing 1-0 to the Atlanta Braves. It is a bit early to despair in light of the collection of talent they possess this year. With Griffey, Collins, Randolph, Milbourne, Brown and Mumphrey, the Yanks are easily the fastest team in the league. If they do not lead the league in stolen bases this season, Bob Lemon and George Steinbrenner should undergo some serious personality disorder tests. On the other side of the river is a team who has shown that it is not afraid to run, only now ... New Director —continued frompage 4 plicants] are evidence of growing support for the SBA," Romeo remarked. "I hope they eventually find their nitch somewhere in the organization." "As for Jill," she continued, "I think she'll work out fine, although personally I was hoping for a militant, man-hating, SBA's reputation as a prestigious deliberative body. The khakis don't do much for Jill either." "I also think there's a sleazy side to this whole election," Mcßride continued. "I think it's more than coincidental that she was elected on the day the world was supposed to end. It's my belief that the entire 'Jupiter Effect' was merely a communist plot to divert our attention from this election. Indeed, this is just one more example of the growing Cuban involvement in SBA affairs." feminist." SBA Vice-President Joe Mcßride had a slightly different perspective. "The beard and the cigars have gotta go. They will absolutely ruin the J^ LAW CONSTITUTIONAL LAW CONTRACTS — dfßfcl \ TORTS Similarly, in a recently indoor soccer playoff contest in Montreal, Les Manic (as the Montreal team is called) led by a goal. With fifteen seconds remaining in the game Tampa Bay was awarded a penalty kick on a marginal infraction in the penalty area. In addition, two Montreal players were given penalties for expressing their views on the call. The result was an easy Tampa Bay victory in overtime. After viewing such calls, I fail to see any justification for hockey referees ignoring most penalties in the final minutes of a closely fought contest. playoff games from them should receive a trophy of CRIMINAL EVIDENCE —ITT TORTS REAL PROPERTY Cleveland was awarded two fouf shots and won the game. > J CRIMINAL PROCEDURE Bw r Berenson. His replacement (and old-time Ranger fans will love this one) is current CM Emjle Francis. Their first outing under the new leadership, however, was against the Islanders. One needn't call Sportsphone to find out the result of that match. The play of the Islanders is so awesome and so consistent that a team CR.M.NAL r- 1 I S the Mets an overstaffed outfield, and one player (probably Mazilli) will be dispensed with in an effort to bolster the pitching staff. All the Mets have to do is finish in fourth and they will be selling out regulardependence on a single ly, and if Neil Allen can pilch goaltender. as well a starter as he did in The most dramatic move relief they may just do even last week, however, was the fir- better than that. ing of St. Louis' coach (and last * * * year's coach of the year) Red B CONTRACTS ficiating in NBA and NASL contests. Last week Portland, playing at home, and needing a victory in order to make the playoffs, led by one point. With no time left on the clock Czechs. Pittsburgh obtained the well traveled Gary Edwards, who defeated the Rangers in his first game in goal, leaving Buffalo and Quebec as the only remaining teams with an unhealthy JOSEPHSON BRC BAR/BRI iff CONTRACTS ' ~ CRIM NALLAW jM 8 i "^^^ .^^^ ( CRIMINAL PROCEDURE — EVIDENCE t i /' " EAL PROPERTY g _^^ BAR/BRIg (Standard Version) (California Version) The six "Multistate" subjects will probably account for 60-100% of the bar exam you will take. Josephson BRC provides the most comprehensive Law Summaries (over 40% more than the BAR/BRI standard version and almost 20% more than its special California version) and the most concise capsule outlines (about 15% less pages than BAR/BRI Mini Outlines). , •Comparisons based on most currant materials, October 1 ——jal 8 Opinion March 18,1982 BLli 1981. Marino-josephson/BRC 71 BROADWAY, 17th FLOOR. NEW YORK. NY 10006. 212/344*180 �Non-Prom Organization US Postage PAID Buffalo. New York Permit No. 708 Opinion 'The function of a free press is to comfort the afflicted and afflict the comfortable." — An Extra Edition H.L. Mencken State University of New York at Buffalo School of Law Earl Pfeffer Daniel Ellsberg's talk in Buffalo this evening will recall for many his efforts in exposing the top secret historical and policy statement on the Vietnam War: The Pentagon Papers. This will be especially timely in light of the growing United States presence in El Salvador as well as the Administration's attribution of the conflict there to foreign communinst intervention, and our government's assertions that it is fighting to preserve a democratic future for El Salvador. There is a ring of similarity between the Administration's analysis of the crisis in Central America and the justifications that were given for our involvement in Vietnam. A man greatly responsible for the present understanding of our country's role in Vietnam is Daniel Ellsberg. His release of the Pentagon Papers and his subsequent participation in the anti-war movement did much to reveal the illegality and immorality of the American presence in Indochina. The Pentagon Papers illustrated how American policy makers ignored the advice of the intelligence community which was gathering and supplying the government with information. The"Papers"carried intelligence reports of 1961 which informed the government that 80-90% of all Viet Cong personnel were recruited locally, and that there was little evidence of Viet Cong dependence on external ; supplies. The "Papers"further acknowledged that the struggle was primarily "nationalistic" and March 17, 1982 ELLSBERG SPEAKS COMMENTARY By Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "anti-colonial" rather than part of a Russian or Chinese plan. The Pentagon Papers provided documentation that U.S. policy makers were advised that the war might not be winnable and that the "domino theory" which predicted that a successful revolution in Vietnam would be followed by insurgency elsewhere was not totally accurate. Yet the American people were told a different story. Perhaps State Department releases on Central America should be questioned in light of what we know about information we were given about our involvement in Vietnam. From 1971 to 1974 Daniel Ellsberg actively campaigned against the Vietnam War. Today he comes to UB to talk about a different problem-Nuclear Proliferation. Although the subject matter of Ellsberg's cause has changed, his message remains much the same: the information given by the U.S. Government to its people as reasons for its defense and foreign policies are not the whole story. Very often such information amounts to outright deception. On Wednesday (TODAY) March 17, wellknown author and anti-nuclear activist Daniel Ellsberg will speak on "NUCLEAR WEAPONS AND INTERNATIONAL LAW" at the U.B. Law School's Moot Court Room, O'Brien Hall on the Amherst Campus. The lecture begins at 7:00 p.m. and is free to the public. An honors graduate of Harvard, Daniel Ellsberg began his career at the Rand Corporation, the West Coast "Think Tank', 1 as a strategic arms specialist before joining the Pentagon in 1964, where he worked on nuclear command and control systems. As one of Defense Secretary McNamara's "whiz kids ,,1 Ellsberg helped formulate and lobby Congress on behalf of the Johnson Administration's "pacification program" in Vietnam. After he toured Vietnam as a member of General Lansdale's Senior Liaison Group, Ellsberg helped compile a secret study of American-Vietnamese relations from 1945 to 1967. This forty-three volume study—now known as the Pentagon Papers—disclosed that White House policy in Vietnam was heavily influenced by misleading and fabricated military reports. After he unsuccessfully urged the Senate Foreign Relations Committee to take action on the report, Ellsberg made his now famous release in 1971 of the Pentagon Papers to the New York Times. Since the End of the Vietnam War, Ellsberg has been actively lecturing and demonstrating, both in America and abroad, on the dangers of the nuclear arms race. A tall, lean man with a narrow sharpfeatured face, piercing blue gray eyes and graying hair, Ellsberg is a brilliant and articulate' speaker and is invariably interesting. The event is sponsored by the Distinguished Visitors Forum of the Student Bar Association and the S.A. Speakers Bureau. cont. Ellsberg's current thesis is that the American government is frightening its citizens into accepting the necessity for increas- ed research and development of nuclear wea- pons and the willingness to use them. This, we are told, is necessary because of the imminence of Soviet superiority and a possible first strike by the Russians. The reality, according to Ellsberg, is that for most of the past thirty-five years, it has been the U.S. which has had an overwhelming military and nuclear superiority, and through its position of dominance, the U.S. has asserted its foreign policy at the far corners of the globe � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-03-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/17/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e91c478bb8b492bf1d4ff22a58b39956.pdf 176f8a89ea0173b736d7b0247e821b56 PDF Text Text Moot Courters Place High In Southern Competition The Moot Court Board is pleased to announce the fine representation of the team that was chosen to compete in a national moot court comThe Board sent a twomember team, comprised of Mark Klein and Elizabeth petition. Freedman, to North Carolina to represent the law school in the J. Burton Craven, Jr. Memorial Moot Court Competition. This constitutional law comwas held at the University of North Carolina in Chapel Hill on March 3-6,1982. Fifty teams from law schools all over the country competed in the national competition. petition Non-Profil Organization U.S. Postage PAID Buffalo, New York Permit No. 708 The issues concerned the constitutionality of the Federal Speedy Trial Act, and the At- wards of the D.C. District Circuit Court of Appeals, and Chief Justice Branch of the torney General's standing to North Carolina Supreme Court challenge the constitutionality also judged the final round. of the Act. The team from the UniversiEach team competed in two ty of Detroit ws declared the preliminary rounds. Winners of winner of the competition, he rounds were determined on with Univerty of South Texas the basis of the oral scores coming in second. The award for Best Brief was won by the (60%) and the brief scores contingent from the University (40%). The winning teams of both rounds went on to com- of Alabama. Mark and Elizabeth advancpete in the intermediate round, which consisted of sixteen ed to the quarterfinal round, teams. The final round was and thus tied for fifth place in judged by Justice Stevens of the competition. Mark Klein the United States Supreme also won the award for third Court. In addition, Justice Ed- best oralist. Elizabeth Freedman, Justice Stevens and Mart Klein at Chapel Hill, North Carolina Opinion Opinion O'Brian Hall John Lord SUNYfB, North Campus Buffalo, New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number 11 State University of New York at Buffalo School of Law April 8, 1982 Dean Calls For Established Observer Procedure by Wendy Cohen Following the controversial arrest of a law student acting as a legal observer at last month's Squire Hall sit-in, Dean Thomas Headrick is recommending that guidelines be established to govern the of legal participation observers in the future. Eight law students attended last month's final Save Squire Hall sit-in as non-participating legal observers at the request of the Save Our Squire (SOS) Committee. One observer, third year student Alan and suggested that observers in the future might also include faculty and staff. Speaking generally about the presence of the law students at the sit-in, the Dean said "There was a general expectation that the law students would not be seen as participants, and as long as they didn't take any action that violated that expectation, they would be free to stay." Alan Rosenfeld, was arrested and temporarily suspended when he insisted upon remaining in the building to observe the arrests thirty-eight of demonstrators. "Unfortunately, there are really no rules governing the status of legal observers at events such as the Squire sit-in," said Headrick. Promising to pursue the matter with the University's new president Steven Sample, the Dean commented, "Something should be written down. Procedures should be established if we anticipate situations where arrests may result. The University should take some steps to Law student Alan Rosenfeld (Moran) "pro- Rosenfeld's was bably a violation of the expectations the students and I had," Headrick continued. However, it should be acknowledged that the observers "were there at the sufferance of security and university officials," he said, adding that the officials "had a legal right to request they leave. I wouldn't contend in these circumstances that the university officials did arrest find neutral observers." While noting that generally it's "a good thing for law students to volunteer their services in the interests of the community," and the eight legal observers should be applauded, Headrick stated, "There are differences of opinion about the value of legal observers, and who should serve in that capacity." For ex- anything wrong." ample, he said that "People "Justice is not served if might find some fault in pure courts are left with the self-selection" of observers. evidence only of student par- and officials," Headrick pointed out. He con- ticipants cluded that only if "people who are acute, understanding, and with no axe to grind are available to testify will justice be seryed." Commenting on the prospect of establishing procedures to choose and regulate future legal observers, Alan Rosenfeld noted "it will obviously help to have an agreement from President Sample that legal observers will be respected in the future as they were in the past," but stressed "It would seem highly inappropriate for the university administration to have any role in selecting or authorizing observers who would essential- Dean Headrick states (Opinion file photo) ly be there to be witnesses student expectations violated against them." Rosenfeld sugPresidential Commission has graduates in May, but Sample gests that "Each side, protestors and administration, recommended that Rosenfeld has yet to rule on whether to should be able to select its be put on probation until he accept the recommendation. own group of observers. The administration already has that right." Rosenfeld pointed out that Sample administration or the if the Dean chose future observers, the student pro- testors would be reluctant to trust them, and would still want to bring in their own observers. He added that it would be reasonable for the Dean and President to draft a set of rules of behavior for the observers, rather than attempting to choose who should be observers. Alan Rosenfeld was suspended by former University President Robert Ketter immediately following his arrest at the sit-in, but his suspension and the suspensions of twentyseven other students were lifted by incoming President Steven Sample. The University Speaker Daniel Elbberg addresses SRO crowd in ÜB's Moot Court room. (Moran) �Vol. 22, No. 11 Opinion Professor Clears Things Up April 8,1981 Editor-in-Chief Ralph W. Peters News Editor: Feature Editor: Photo Editors: Business Manager: Barbra Kavanaugh Earl Pfeffer Gary Caines, Kevin Moran - Frank Bolz Staff: Wendy Anne Cohen, Marc Canz, Steven Cetzoff, Marty Miller, Alexander Plache, Rick Roberts, Robin Romeo, Joe Ruh, John Stegmayer, Amy Ruth Tobol Contributors: Rocky A. D'Aloisio, Vivian Garcia, Lorraine Koury, Ray Stillwell © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Nix Plans For CUNY Law School Just when you thought the SUNY boys had accomplished their quota of stupidities for the year, what with the Squire fiasco, along comes news that the oft-spoken of second statesupported law school is past the planning stage and will be opening its doors as early as 1983. Opening up another law school in New York State is, quite simply, asinine. New York State is already oversupplied with both law schools and lawyers. Adding another "Faculty of Law and Jurisprudence" to the pack would be like opening a Frigidaire outlet in Point Barrow —there is simply no need. Perhaps more importantly, money problems dictate this plan should be aborted before a single back-hoe lumbers to the proposed construction site. The State University system is currently in dire straits because of the lack of commitment by the Carey Administration to publically-funded education. Even now Buffalo Law School must scrap for its allotment (e.g. SUSTA). Another educational institution competing for a piece of a steadily shrinking pie can only have a deleterious effect on this institution and the quality of education we receive. In an era of declining employment possibilities for graduates of four-year baccalaureate programs, a growing number of students are seeking professional training as a means of securing for themselves some measure of economic security. Law School is a preferred option for many, as witnessed by the recent upward surge in applications to this institution. But the solution to a stagnating employment picture does not lie in expanding the flock of be-vested lawyers. A Queens law school is certainly not an answer to the economic malaise which is cur- rently devastating this state. So, let's hold off on opening that new law school, at least until someone discovers another Prudhoe Bay off Coney Island. OPINION ELECTIONS all positions open Today3pmßm.724 "Rights of the Press' Panel discussion sponsored by Group Legal Services Wednesday, April 14. 1982 258 Capen 7 pm Everyone Invited. i 2 — Opinion April 8, L9&2 To the Editor: college to the exclusion of matrimonial matters that came in other, more serious, pursuits, it cases Those into the office. no I wish to correct two errors probably accounted for of percent twenty which appeared in an other- more than time. my even arflattering wise fair and Although I had a few romanticle about me in the Opinion relationships while in coltic 17,1982. on March exWhile associated with the lege, my failure to read ashave would I tensively as of Prisoners' Buffalo office Legal Services of New York, I preferred was not due to those did not handle mostly relationships. If I did one thing was that I went to the movies. that I have never been very interested in rock and roll.) (It is true Sincerely yours, John N. Lipsitz PS. I hope that you publish this letter. Upcoming Events Announced TO: The O'Brian Hall Community The Second Annual Honors Convocation will be held on Tuesday, April 13 at 2:00 in the Moot Court Room. Students who have done outstanding work during their first or second years will receive positive reinforcement, some of which they can bank on. TO: First Year Students Those of you who could not make the organizational meeting of Orientation, Fall 1983-the Class of 1985 still wants your One-L wisdom. Visit 311 O'Brian. TO: Second Year Students Helene Hamlin & company are organizing for thrid-year activities leading up to and including Commencement 1983. Ideas and preliminary energy are needed —yes, already. presses allow. TO: Graduating Seniors: I will be delighted to enterPhotos for the Class of 1982 composite will be taken from tain any other questions about April 12-14 in the jury room. Commencement so that the Look for the portrait sitting Committee may apply some of schedule in the mailbox room their bountiful energies to and sign up if you are in- academic work as well as to making your final days at UB terested. Law happy ones. To allay concerns over Commencement, its location, and whether tickets will be required for Aunt Tillie et al: it begins at 1:00 p.m., Sunday, May 23 in the Golden Ballroom of the Statler Hotel. After much investigation and deliberation, the Commencement Committee chose to avoid restricting invitees and The board passed a resoluto gamble that we average tion to the manner in which the four guests per graduate. (Not Academic Policy and Program a longshot as national law Committee (APPC) formulated school commencement atten- the first-year curriculum for dance statistics go, you know.) 1982-83. The student members There will be invitations of APPC desire more input into available —about which more the curriculum formulation when the bureaucracy's process. "RESOLVED, the Student Bar Association objects to the manner in which the Academic Policy and Progrm Committee TCIF party from which they (APPC) functioned this year. will be able to view the start Specifically, the S.B.A. Board and finish of the race. of Directors (The Board) obTimes will be provided for jects to there been only those who like to run com- meeting in which student petitively and awards will be representatives to the APPC given to the top finishers for had an opportunity to voice both the men and women run- their opinions before the faculners. Among the pre-race ty finalized the 1982-1982 firstfavorites are some of the run- year curriculum proposal. The ners who finished in the top of Board believes that students the field of the race when it should play a greater role in was last held two years ago. setting educational policy of These runners include Leo this law school. The APPC Finucane, the 1980 winner. failure to allow meaningful Ward Oliver, Paul Campano, student involvement in Glenn Pincus and Mike Doran. academic policy making leads Rocky D'Aloisio is also ex- the Baord to conclude that it pected to put on an outstan- would not be' appropriate to ding performance. endorse the APPC's 1982-83 curriculum first-year proposal." SBA on APPC Race Scheduled by Rocky A.D'Aloisio The "Race Judicata," a 2.7 mile run open to all law school faculty, students and friends will be held on Friday, April 16. The start is set for 3:00 p.m. in front of O'Brian Hall, the run is being coordinated withan SBA party on the third floor. The purpose of these activities is to provide an event for faculty members and students to get together and have some fun and relax. Runners are encouraged to enter no matter what pace they enjoying running at. Non-runners should attend the third floor Late Grade Reporting Causes TAP Snafu The University Office of Student Accounts has mistakenly rescinded the tuition Assistance Program (TAP) grants of a number of law mistake. If your spring Student Accounts bill shows a charge equivalent to the amount of previously credited Fall 1981 students. The affected TAP, or if Albany-notified you students should alert Student of your ineligibility, you Accounts and the law school should: Office of Admissions and — Notify Helen Crosby in Records in order to reverse the the law school Admission and mistakes. Records office, O'Brian 304, regulations, new state Under that you have been affected by TAP recipients must have 12 the new regulations; and graded credits on file at the — write a letter to Student end of a semester to retain Accounts, in Hayes A on the for that eligibility TAP semester. The delayed grading Main Street campus, stating of some law school courses led that your TAP was mistakenly to the decertifiecation of some rescinded, and asking that any fall 1981 TAP recipients. All af- resulting late charges on your fected students should have account be removed. received a letter from Albany Additional details on the or a charge on their Student TAP snafu will appear in the Accounts bill reflecting the next edition of Opinion. International Law Society Elections April 14th 1:00 pm Room 604 �Uncertainty As To Loans And Grants Continues by Ray Stilwell this information arrives, he ed GSL application ready and said, UB cannot compute available earlier than July 1. In New and continuing law campus-based awards such as the meantime, he said, UB can students will probably not see National Direct Student Loans accept GSL applications for their 1982-83 financial aid or work-study grants. the current year and for sumawards until after the end of Applications for the GSL mer sessions that begin prior to the current school year, and program can be made in- Julyi. they may not be able to apply dependently of the campusThe New York State Tuition for 1982-83 Guaranteed Stu- based programs, but similar Assistance Program (TAP) dent Loans (GSLs) until after delays are preventing UB from forms for 1982-83 are currently processing these applications, available, Conner said. the first of July. Previous TAP recipients and all Clarence A. Conner, the as well. University's director of finanAccording to Conner, the applicants to SUNY schools cial aid, said last week that UB proposed changes in the CSL have already been mailed copies of the application, Conis still waiting for its "allocation letter" from the federal ner noted, adding that addigovernment. This letter tells tional copies will be available the University how much from the University after April were proapathy regarding the proposed cessed and allocated "what federal and state budget cuts. funds are left over," but added "Students are very quiet," he that funding for this year's late said, and he encouraged the quiet ones to become more acapplicants is not a certainty. Conner said the uncertainty tive in notifying their about funding for next year legislators of their views on the may be due in part to student proposed cuts. Assistance (SUSTA) program remains uncertain. Conner said UB will not hold up the applications of potential SUSTA recipients pending the future of SUSTA funding, but he added that Financial Aid would prefer not to award alternate sources of aid that would have program will require the use of to be retracted if SUSTA rules and forms that differ received late approval. To be considered for from those currently in use. Because of the discrepancy, he campus-based aid, students said, UB cannot accept GSL had to submit the Financial applications for academic Aid Form to Princeton, New periods starting later than July Jersey by January 31 and ÜB's Financial Aid Application to its 1. Conner added, however, Main Street office by February weeks after we get our alloca28. Conner said late applicants tion letter," Conner said. Until that banks may have the revis- ference on Women and the Law held March 25-28 in Detroit. The Conference is an annual symposium organized by law students which educates women attorneys, legal workers, law students, and community workers in areas of law of special interest to them. 160 workshops were held, which covered both substantive areas of law such as Constitutional, criminal, employment/labor, women of color and lesbian law, and nonsubstantive areas, such as trial techniques for practicing attorneys, grassroots organizing, and advice to legal workers. The Conference also offered an exciting opportunity to meet and exchange ideas with over 2600 feminists from all parts of the country. The Conference designated one hotel in the city as its headquarters and a large number of the participants stayed there, thus providing a common meeting area before and after workshops. To further facilitate this exchange, various groups such as law students, trial attorneys, and women of color held luncheons, and those representing the interests of poor women, lesbians, and the various geograhic regions held caucuses. The Conference provided an "employment board" for those seeking and providing jobs; a feminist artisans' bazaar; and information booths representing a broad range of concerns and associations, for reproductive rights and ERA to the Working Women's Institute and the Association of Trial Lawyers of America. Each year a concert by a feminist singer is given; this year Holly Near in previous years Detroit Convention Termed A Success by Lorraine Koury Four students from the Law represented the State School The fate of the State Univer- University of New York at Bufsity Supplemental Tuition falo at the 13th National Con- 15. campus-based aid it may distribute during the following academic year, he said. "We usually have our allocation letter in the latter part of February," or by midMarch at the latest, Conner said. This year, he said, the letter is not expected until midApril. The University's allocation letter will be based on the higher education funding that is to be included in the 1983 federal budget. Congress has yet to decide on funding levels for the various campus-based aid programs. Students should be notified of their 1982-83 awards "six See through the hype ... Get the Facts ... Pass the Bar. performed. BAR/BRI The Review Course Taken by More People Studying For the N.Y. Bar than ALL Others Combined. This year's Conference theme was "Women Working Together", which incorporates the idea of women workers both inside and outside the home, and the idea that women must work together to achieve their common goals. Many workshops addressed the concerns of working women, homemakers, and displaced homeworkers, as well as the ways women can effectuate these concerns. An unofficial and unarticulated theme running through Conference act to workshops seemed to be "Dealing with the Effects of Reaganomics", as governmental budget cuts disproportionately affect women and women's services. This participant attended workshops ranging from "Employment Discrimination Rights and Remedies", a technical seminar for those wishing to bring Title VII and Equal Pay Act suits, to "The Politics of Sexuality", an emotionally charged participatory workshop where women of different sexual preferences tried to break down the stereotypes of each group and learn to work together effectively. The workshops were highly informative and well-presented. They provided information that could not be easily obtained anywhere else, such as how — law collective or the realities of women working for the government. They also provided an exciting opportunity to learn from those experienced in their fields the cutting edge of feminist legal theory. In the final analysis, the Conference proved to be a revitalizing experience as well as an educational one. to organize a Each spring semester the Association of Women Law Students provides information and registration for the Conference, which will be held next year in Washington, D.C. HAPPY PASSOVER AND EASTER April 8, 1982 Opinion 3 �UUAB CONCERTS presents AN EVENING OF MORE REGGAE Sunday AP ril 25 8 pm CLARK GYM Students non-students ' TOOTS & the Maytals ' , $5.00 I_JT TTL/F DIICCAI f\ 9 C DUrrALU D 11th AN N UAL PHI rULrVr * ■ i Bring A Blanket and A Friend students non " students 5.50 «, 8.00 on sale at UB Harriman Ticket Office. Festival and /ecord 4 Theatre. Opinion April 8, 1982 ' XT Friday, April 16 11am-3pm—Craft Show and Live Music Capen Lobby, Amherst Campus Bpm—lnvitational Open Mike Harriman Lounge, MSC Saturday, April 17 I 'spm—Craft Show and Live Music Diefendorf Annex, MSC B P m * —CONCERT featuring Doc Watson The Armstrong-Bogan String Band Cold Water Fiat April 16-18 TICKETS: Both Nights Single 3.50 5.00 i r^ OiI 7TT/~>LJID A A TDT^ riUM/\IS OWI 1 C/j/dCJ/i t\U UUAB Coffeehouse presents % % Sw c • With OpeClOl UUeSt Tickets on sale at Harriman Ticket Office (UB), Buff State, Festival, Record Theatre, Rude Boys Cafe, & Record Co-op (Amherst Campus). Sunday, April is 1-spm—Musicians Workshop Diefendorf Annex, MSC —Children's Activities Diefendorf Annex Room 10, MSC Bpm*—CONCERT featuring jonn Sebastian Eric Anderson Artie Traum * All shows will be held in Clark Gym (MSC) and will start promptly at Bpm. �Lou Del Cotto on electric Robin Romeo as Dorothy? Audrey Koscielniak as the Wicked Witch? Lynn Clarke as a torch singer? Al Wood as Mick J agger? or E/vis Presley* guitar? Greats And Near-Greats Entertain At Diefendorf A These were just a few of the to Croup, playing swing jazz Lynn Clarke's over 40 acts presents at the and featuring Fifth Annual "Law Revue '82" last Saturday night in Diefendorf Annex. Hundreds of law students, friends and spouses spend five and one-half raucous hours watching students and faculty alike take advantage of the yearly opportunity to show off their talents and make fools of themselves. sultry vocals, "The Wizard of Oz" with Rick Roberts, which included a fantastic "Schlegel" imitation by Jeff Johnson, and, back again by popular demand, Jim Atleson's "Hot Cargo String Band," featuring Stu Shapiro and new member David Engel playing , first-rate fiddle. Highlighting the evening was Old favorites and new talent the presentation of the male appeared in musical perfor- and female "Nude Law Promances, comedy skits and fessor" awards. This year the dance routines. Special coveted awards were given to favorites were the Lou Del Cot- Professors Ken Joyce and Bar- bara Blumenthal. Although Ken Joyce was not present to accept the prize, Blumenthal was there to receive her own award graciously and with a few well-chosen words, which were unfortunately impossible to hear over the cheering crowd. Nude Law Professor Emeritus W. Howard Mann was also presented with an award in recognition of his three-year reign as the law school's favorite sex symbol. The five-hour program offered something for everyone. There were outstanding performances by Professor H. writers, performers and others who worked on the program. As there were over forty acts scheduled, it would be impossible to mention and praise each performance individual- ly. Laurence Ross' barbershop quartet, singers Rich Freiman, Rich Wiebe, Karen Russ and Al Wood, impersonators Diane LaVallee and Rick Roberts and comedy by Professor Bill Greiner, Dean Tom Headrick, and many, many others, including a memorable performance by Charlie Elefante (The Elefante Man), as well as tap dancing ala Ruby Keeler by However, the masters of ceremonies (Bill Altreuter, Rocky D'Aloisio, Pat Dooley, Kurlander, Steve Jon Malamud, Marty Miller, Kevin Moran, Matt Newman and Sherwin Suss) deserve special recognition for their efforts and success incontrolling a sometimes unruly crowd. All in all, it was a highly successful evening. Everyone enMary Izador. joyed themselves and we were This year's show was a result all reminded that we are part of the hard work and dedica- of a community of multition by the producers (who talented individuals, and not have not allowed their names simply one made up of law to be released to the press), students. Photos by Moran The Mitchell Lecture Series Committee presents Mr. Clyde Summers Professor of Law. (I. of Perm. Topic: 'Past Premises. Present Failures. & Future Needs in Labor Law' Thursday, flpril 15th Moot Court Room 4pm DO YOU MEAN \ fI WHAT You've never been to I I K P.J. 's on Monday Night! J —-y BAR EXAMS AREN'T LIKE LA W SCHOOL EXAMS Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1982 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 6, 1982, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. for taped Buffalo clinic, see UB Tuition: $125 - — Agent: Aldrlc Reid - IT'S BREWING every Monday Night at P.J.s 50C Brews KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 10 Wings for $1.00 J. BOTTOMS P. FOOD BOOZE BOOGIE m—i - 3X70 main street - buffalo n.y. 14X14 813-3170 ——— April 8, 1982 Opinion 5 �Final Exam Schedule SPRING SEMESTER 1981-42 FIRST YEAR Examination Date It Hour THURS., MAY 6 Pickup 9:00 Return 4:30 Pickup 9:00 Return 4:30 9:30 am Property—Take Out Property—Take Out Property Room Instructor 112 Kaplan 108 Headrick 109 P-Z Freeman Freeman 108 Atleson NOTE: Pick up and return to 112 NOTE: Pick up and return to 108 106 A-O tVED., MAY 12 Pickup Return . Pickup Return Labor Law—Take Out 9:00 4:30 9:00 4:30 9:30 am FRI MAY 14 9:30 am NOTE: pick up and return to 108 Administrative Law—Take Out 112 NOTE: Pick up and return to 112 Administrative Law 106 Boyer Ethics Berger 112 A-C 210 D-F 107 G-H 106 IP 108 Q-Si 109 Sk-Z TAKE HOME Pick up and Return to Admissions Examination pick up 9:00 Legislation return 4:30 30 hour take home Date A Hour MON, MAY 3 TUES., May 4 TUES., MAY 4 through THURS., MAY 13 pick up 8:45 return 4:45 Schlegel American Legal 7 hour flexible and Records Instructor Konefsky History Dispute Resolution 48 hour flexible Paper to be turned in to Adminissions and Records no later than FRIDAY, MAY 14 Jurisprudence MON., MAY 3 9:30 am Mensch Examination Room Instructor Sales-Secured Trans. Commercial Paper 106 108 A-L 107 M-Z Cirth Corporations 106 A-L 108 M-Z Blumenthal Schaeftler I Spanogle 9:30 am TUES., MAY 4 Corporations II 112 9:30 am Securities Regulation United States Role in International Law 106 Deitz 106 Kramer Tax II Joyce Tax II 112 A-l 108 J-M 107 N-Z 106 DelCotto Bankruptcy 107 Cirth 8:45 4:30 SAT., MAY 8 9:30 am Administrative Law Take Home 106 NOTE: Pick up and return to 106 Evidence 108 A-K 109 L-Z Estate Planning Hyman Birzon 106 A-Mc Me-Z Mugel 108 Creiner MAY 10 Pick up Return 9:30 8:45 4:30 State & Local Tax Criminal Procedure NOTE: Pick up and return to 108 109 AC 107 D-C 112 H-O Halpern 106 P-Z TUES., MAY 11 9:30 am 9:30 am THURS., MAY 13 9:30 am Family Law Collective Bargaining in Government 108 A-K 109 L-Z 106 McCarrick Newhouse 106 Berger TAKE HOME Pick up and Return to Admissions and Records Date It Hour Examination Instructor Federal Courts Katz 48 hour flexible Constitutional Law Mann 24 hour flexible Post Conviction Rem. Olsen 24 hour flexible Pick up by 9:00 am Employment Disc. Spiegelman 30 hour flexible Return by 4:30 pm Lindgren Remedies 30 hour flexible NOTE: Graduating Seniors must return exam by noon on Sat., May 8 Flexible means you take exam anytime during exam period Friday, April 30 through Thursday, May 13,except for weekends unless instructor approves time to return. Evidentiary Problems ' — Opinion April 8,1982 6 tionary pool of applicants for next year's freshman class. As members who have been on the Committee during past years have noted, prior to this year's new system most of the files were reviewed by only a few active Committee members. To promote efficiency and participation of all members. Committee Chairfour-subcommittee system to evenly distribute the reading load. The files that are actually reviewed by the Admissions Committee constitute only a THURS., MAY 6 MON., The Admissions Committee has undergone procedural changes in handling the discre- man Spanogle has set up a 9:30 am WED., MAY 6 9:30 am 9:30 am FRI., MAY 7 Pick up Return 9:30 by Lorraine Koury Engel UPPERCLASS Date & Hour FRI., APRIL 30 9:30 am 9:30 am Admissions Committee Considers Diversity, Etc. deserve closer evaluation. These factors include age, work experience, advanced degrees, and other background information that indicate the individual has abilities beyond those measured by the LSAT and a CPA. In addition to these factors, each of the subcommittee members take into account the personal references, statement, and academic record to make a recommendation as whether the applicant should be rejected, admitted, have index left unchanged, or raise his/her index to better the chance of acceptance at a later date. Based on the small sample that I have reviewed, the ap- of the total number of plicants are quite diverse in personality and experience. Some have excellent credentials that would definitely benefit the class as a whole in automatic-acceptance index, providing diversity in ability and yet have other factors that and perspective. portion applications received. They are the applicants who, because of a low LSAT score or low CPA, fall short of the 1320 Doc Watson To Appear "Doc Watson," father of whom the New York Times has folk and bluegrass music will called "a graceful and inheadline the Saturday evening telligent player with imconcert of Buffalo's 11th An- pressive tone and timing." The nual Folkfest on April 16, 17 three musicians had been part and 18 on the Main Street of "The Woodstock Mountain Campus. The weekend will inRevue," a musical collective clude a combination of con- formed in the early seventies. certs, open mikes, craft The weekend's concerts will music be held, both Saturday and demonstrations, workshops, children's pro- Sunday nights in ÜB's Clark grams, and free childcare. Gym on the Main Street CamAlso on Saturday night, the pus, and will start at 8 p.m. Armstrong-Bogan String Band Tickets for the concerts are will present Chicago-style available through the UB Harblues as they make their trium- riman Ticket Office (Room phant return after amazing 106} and selected Buffalo folkfesters last year. Opening outlets. The price for students the show will be Buffalo's own, with college ID is $3.50 for "Cold Water Flat," playing each concert or $5.00 for both bluegrass and other music. events. Non-students will pay The Sunday evening concert $5.50 per show or $8.00 for is to be a historic reunion of both and children under 12 will sorts. Woodstock veteran and founder of 'The Lovin' Spoonful," John Sebastin will appear with former Buffalo resident Eric Anderson, composer of the civil rights anthem "Thirsty Boots." Opening the Sunday night show is Artie Traum, be admitted free. Craft shows, exhibits, music workshops, open mikes and children's programs will be free and open to the public all weekend. The Folk rest is sponsored by the UUAB Coffeehouse Committee. �-M-fl-teriaiS BRC BAR/BRI Law Summaries BRC law summaries are written on the The BAR/BRI materials ate prepared for "review" purposes only, and are thus far more skeletal than BRC's materials, (All of theMultistate subjects are condensed into one cursory volume.) - assumption that the student has flat had the subject in law school, but are also tightly edited to give you exactly the law needed to pass the Bar Tfrmm. Extensive explanations, ex- amples and bar-type illustrations enhance comprehension and retention and the ability to "spot issues." The summaries are authored, edited and updated by outstanding legal educators with personal for substantive quality. accountability BAR/BRI outlines are "staff prepared", and none of the outlines are signed by its author. _, „.„„„, , ~ , „, . .. • _~. The BAR/BRI outlines closely paraUel the Gtlbert outline series, with the exception that they are all "anonymously" written (unlike Gilberts) and edited down significantly. BRC law summaries are -written -with the same clarity and precision that have made our Sum & Substance series the most effective law school study aids available. A specially designed format features variable typeface print, numbered lines, and caption headings. - Capsule Outlines BRC provides condensed outlines (with wide margins for notes) for each bar-tested subject, keyed to page numbers in the law summaries. BRC provides a complete written system of how to use the CapsuleOutlines in conjunction with the main summaries, to allow intelligent shortcut ting when necessary or desirable. BAR/BRI provides a separate volume of condensedoutlines keyed to section numbers in the long outline. There is no system provided for their use, and the "Mini" Outlines only cover Multistate subjects. BRC Capsule Outlines, in general, are longer than BAR BR Is "Mini" Outlines. - . .... . . LcCtUTCS Mnemonics and Issue Graphs BRC provides an extensive and unique set of "JlG's" (Josephson Issue Graphs) and various mnemonics as part of the review course. Nothing comparable, BRC students participate in the unique Programmed Learning System (PLS). PLS involves a well-planned study schedule which integrates comprehensive pre-course diagnostic testing, reading assignments, self-testing "rein forcers," problem solving lectures, delayed feedback reinforcement and review tests, and weekly practice exams (individually graded and analyzed). Although BAR BRI will provide some essay grading, there is no system of testing and feedback that is designed to provide a paced study approach. Stressing the flexibility and non-programmed nature of BAR BRI, students are required to decide what, if any, study features they should use. BRC consciously seeks to direct the student's study time, to build confidence, to channel nervous energy in constructive directions, and to provide a broad range of diagnosis and feedback mechanisms to asure that the student has solid objective informationabout his her strengths and weaknesses. BAR BRI does offer an objective pre-course exam for Multistate subjects only. The exam, in our view, is far too complex for a pre test and few students find it worthwhile. N.Y. CPLR lectures are presented in advance of Summer course and at no charge for BRC enrol lees who want to learn CPLR before the course. Precour.se CPLR program incurs a $45 - MultistateSubstantive Review Three full days of intensive lectures at the conclusion of the course, highlighting all the substantive law that you need for the New York Exam. - Problem Integration Lectures Draw on thirty years of Joe Marino Sr.'s experience in preparing student for all thirty subjects thathave appeared on the New York exam. The lectures serve to instruct students on how to handle the multistate crossover questions always found on New York's charge. Nothing comparable, No single lecturer ofcomparable stature for New York Exam preparation, essays. Management c and _ -. • ACademiC Jγ OllCy m j BRC is a totally independent, closely held company, manag ed and controlled by the same people who built it intoitspresent position. All decisions affecting any academic component of t he course must be approved by its director and founder. Professor MichaelJosephson (a full professor of law at Loyola Law School, Los Angeles). Key positions are held by people who have been active participants in the development of BRC programs and the educational philosophy from which all BRC and CES programs spring. In 197*. BRC rejected acquisition attempts by Harcourt-Brace-Jovanvich (which alreadly owned BAR and BRI). BRC is, by far. the largest independent bar reviewer in the nation.In 1978BRC purchased the Marino Bar Review course, and contracted with Joe Marino, Sr. to continue to lecture for BRC. Marino's thirty years of New York bar exam experience has lent an unparalleled dimension to BRC in New York. BAR BRI of New York is a division of the Harcourt Brace Jovanovich Law Group, which in turn is a subsidiary of the conglomerate. This conglomerate owns Sea World, insurance companies, magazines, and other diverse products. The only law school academician involved on BAR/BRl's Board is a professor at IIT/Chicago Kent Law School. Harcourt-Brace-Jovanovich ■-. % # \ <jv . . | — \ s 2 -j^ "'">///, %»%%, H\^V "fM iiMiSiiiuiiaiiiiiH % BRC NEW YORK: BRC, 71 Broadway, 17th Fl., New York, N.Y. 10006 (212) 344-6180 April 8, 1982 Opinion 7 �Sports Pundit Makes His Puckish Playoff Predictions although some may schools to continue their stopping a rink-long clearing semis, and look for Minblasphemy, cry nefarious practices. Perhaps if pass. Buffalo's complete inThe North Stars to win. Boston nesota to the win in ability 1981-82 were more College Basket- sanctions The levied and can have the goaltending this should spell year ball season came to a dramatic promptly and against in- Garden it up (I'll let you course open to either trip golf with an the early last week dividuals rather than instituconclusion let me score) or North Carolina pulling off a tions the desired deterent ef- for the Sabres, and Montreal score if you'll will beat Boston in an old play tight. Most importantly, over fect could be achieved. victory 63-62 fashioned dog-fight reminis- they have the playoff exGeorgetown, courtesy of a * * * cent of their rivalry in the late perience and seem to go a bit Mike Jordan jumpshort and a small donation to James WorWith the NHL playoffs get- seventies, although this year further each year. Thus, we are left with the thy by Wiley Brown in the final ting underway, it appears that Boston has all of one tie ( to Uβ for same finalists as last year, and eight games show seconds. The game and the a few predictions are in order, suffice it to say that Minnesota against the Canadiens. tournament was a resounding not that picking the cup chamThe Campbell (with all these will again be Miss Runnerup in financial success for CBS and pion is all that difficult this the NCAA, and if the event year. The Islanders just con- changes this year who can the Nassau Coliseum pageant. * * * wasn't sufficiently money tinue to impress the observers remember which divisions are With .ill the commotion oriented to begin with, each of and overwhelm the opposition. which) Conference has only the final four schools took Their first line, led by Trottier three presentable teams, one over the NHL andto NBA conhome $500,000. and Bossy, is a scoring of which remarkably enough is playoffs it is difficultbaseball on the Winnipeg The centrate it other two the Jets. Jets machine, and the With a prize of this nature, is not difficult to understand lines, with Cilles and Sutters, should get by the "Cat" and his season, as the Yankees "have why many if not most major and Hystrom, Bourne and Gor- Blues while Chicago, weakest proven. Their preseason perto formance seems to indicate athletic programs indulge in ing are the ones that usually in the nets where they usedthe no for feared, be is match that their minds are anywhere The solid defense is the type of conduct complain- beat you. pitching ed of by Notre Dame coach offensively and defensively North Stars. If last week's but on the fild. The a trifle has been bolstered Mincable staff game season); rare both between Digger Phelps while in New (which is this of another Orleans. Mr. Phelps hinted that goaltenders have the ability to nesota and Winnipeg is any in- by the acquisition dication, an upset is possible born again Yankee, Doyle Alexseveral schools are offering close the door on anyone. ander. It still appears that money outright to students to In order to go all the way, but I wouldn't count on it. the probably every position is accounted for Angeles, may Los $40,000). However, however, to the Islanders sign (up of year, the on the field and on the bench Digger's comments are about have to play the 2nd, 3rd and disappointment as revealing and as useful as 4th hottest teams in the second has shown in recent months and attitude is the only suggesting that there are a lot half of the season. The the ability to give Edmonton obstacle left to hurdle. Of of case reporters in a law Rangers, until ten days ago, some trouble. Actually the course one can never discount library. Everyone seems to had lost only seven of their last Kings are just grateful not to an Earl Weaver team, know they are there but no one 42 games. With virtually have to play a NY team in the regardless of who is on it, and knows where to begin. Perhaps everyone but the Swedes playoffs for a change. After a Detroit and Milwaukee were the NCAA had hoped that healthy, they should get by the four game series, the Oilers very impressive in the second sanctions against the almighty rejuvenated Flyers, only to run should be ready for Calgary season last year. Billy-ball still UCLA would deter enough into a brick wall against the once the Flames take care of dominates the west, with the White Sox and Royals (barring schools from engaging in Islanders in round four of the Vancouver. to just break a start like last year) providing Calgary, happy appears, violations. It of NY. flagrant cattle Next for the Islanders should the playoff jinx in '81 the club most of the competition. however, that the enormous Since the Yankees acquired pressure from the school ad- be the Canadiens. Montreal had in Atlanta for so many ministrations combined with a opens up against ice-cold years, and with Kent Nillson Griffey, the Mets had to have a belief that the NCAA doesn't Quebec, now without Wilff healthy, could also be a bit of Red of their own to brag about, catch most of the violations (at Paiment. Only Bouchard can a pest this year. Eventually, so Foster joins an outfield least until after the coach is save the Nordiques and these however, look for Edmonton corps that could put the Nets long since gone), has led these days he has enough trouble and Minnesota to meet in the in third place if either the by Steven Getzoff , LAW SCHOOL SPRING FEST (Dinner Dance) FRIDAY, APR.L 16 7:3opm MARRIOTT HOTEL Expos or Cardinals should falter. Montreal, with the most overpaid catcher in baseball history, would seem the likely winner, although the Phillies, Cards, a victim of the split season in '81, will be difficult to handle. Since neither of these two teams has emerged successfully from a prolonged pennant race in modern history, however, the Phillies are the leading candidate in the NL East. The Dodgers, with their $350,000 a year Mexican wonder (if he's 21 years old Jack Benny is still 39) will go down to the final week with Houston as usual, leaving a depleted Reds team in the dust along with Joe Torres Atlanta Braves. Torre has found the secret of survival as a major league manager: mediocrity. If he wins one he has to do it again or else no one's satisfied and if he's losing all the time he creates too much attention, so as long as he can remain just under .500 he's safe. * * * Finally, the NASL opens this week having suffered from a rate of attrition unsurpassed since Freshman pre-med biology. Once a 24 team league, it has dwindled to 14 somewhat stable franchises. The Cosmos have announced that all their road games will be carried by WOR-TV in New York as usual, and our old friends ESPN and USA carry a game of the week, but without the major network megabucks the league is destined to remain in the red. *Sit Down Dinner * OpEN Bar ALL Evening d d Big Band '*18-P.ece R BOOGIEING & SIOW DANCING /° (within stumbling distance to most people's homes) ALL STUDENTS: Come Tickets on sale outside the Library (of course) until cHICI rclTty With yOUT SrUo holders of Buffalo Law ID FrienClS (truly a bargain for dinner and an open bar) 11)6 cHICI FclCUlty dt Ld.St Dl§ DctSll � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-04-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/8/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3d832b0a47c4ddf2a08ec069eafbaad4.pdf e12e8cf3805593b4362443fb2da52059 PDF Text Text Prof. Summers Raises New Challenges In Labor Law by Ward J. Oliver The 1982 Mitchell Lecture was presented last Thursday afternoon in the Moot Court Room of O'Brian Hall. Clyde Summers, a nationally recognized legal scholar in the field of labor, spoke on "Past Premises, Present Failures and Future Needs in Labor Law." Mr. Summers, who spent seven years teaching at the UB law school in the 19505, left Buffalo in 1956 to accept a teaching position at Yale. Since 1975 he has been a Professor of Law at the University of Pennsylvania. Last Thursday's lecture provided an op- for him to return to Buffalo and share his reflections on the current state of labor law in this country. In his speech, Professor Summers first laid out what he views as the premises of our portunity national labor legislation; that the vulnerable condition of the individual American worker is to be corrected through recognition of the rights to organize and bargain collectively. Given the purpose of protecting the individual in his or her relationship with the employer, Mr. Summers is critical of the present law. He is especially crticial of the exclusion from its protection of over seventy percent of the American workforce (the unorganized) who do not have the right to bargain collectively for their terms and conditions of employment. In presenting a strategy for the future, Mr. Summers expressed a need to reshape labor law to encourage collective bargaining, to provide alternative systems where there is no collective bargaining, and to extend by law to all . employees some of the rights that have been acquired by others through collective bargaining. This last category would include such seemingly fundamental rights as fairness in dismissals, layoffs conducted by objective standards, and a safe and healthy workplace. In stressing the importance of these rights. Summers reiterated his basic theme—that the law should provide protection to the weaker party. Friday morning, a panel discussion was held to respond to the lecture. Besides Professor Summers, participants included Professor James Atleson, Staughton Lynd, Esq., of Youngstown, Ohio, and Professor Karl Klare of Northeastern Law School. At two o'clock Friday afternoon, students met with the speakers at a wine and cheese party in Clyde Summers Addresses Audience in Moot Court Room the faculty lounge. Clyde Summers'' speech and the ensuing panel discussion presented UB law students and faculty with another opportunity to discuss the law and its function in our society. During the two weeks prior to the Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 lecture, a series of films about labor and the history of its struggle were shown to the law school community. As a capstone, the Mitchell Lecture served to integrate theory with fact. It thus was a fitting testament to the Buffalo Model. Opinion John Lord O'Bfian Hall SUNY/B, North Campus Bulla l<., New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number 12 State University of New York at Buffalo School of Law April 22,1982 Rosenfeld Arrested in O'Brian Hall by Barbra Kavanaugh Bissel Hall, and then downtown to the Buffalo Alan Rosenfeld was arrested Police Department's Central at 2:00 p.m.Wednesday, April Booking. 14, in John Lord O'Brian Hall While at Central Booking, by two Public Safety in- Rosenfeld was strip-searched vestigators' on a criminal and denied an opportunity to charge of aggravated harass- call an attorney. He made that ment filed on February 27 by request after he was told, at former University President 4:00 p.m., that he would not be able to go before a judge until Robert Ketter. The criminal charge, as well the following morning. as administrative charges filed Central Booking conducts on April 12, stem from allegations made by Ketter that Rosenfeld made one or more obscene phone calls to his home at 5:30 in the morning following the Squire Hall arrests. Rosenfeld denies ail Although the criminal claims that the calls were made to the President's residence which is owned by the state of New York. Rosenfeld was allowed to get his coat before being taken to the Public Safety Office in that they chose to arrest him at 2 o'clock, a safe time to arrest if you want to hold somone overnight. Even the Buffalo Robbery Unit will sometimes leave a note at the suspect's house and this courtesy could have been extended to Alan. I don't think that he was going to leave town." Klaif became involved when Amy Ruth Tobol, a secondyear student, called him at 9:45 Wednesday night. She had learned of the arrest that evening and tried to determine what bail had been set for Rosenfeld. When she was told by Central Booking that no stationhouse bail had been set, she called Klaif to see if there was any other way to keep Rosenfeld from spending the charges. charge was first filed on February 27, the arrest warrant was obtained by Public Safety Investigator Kurt Herrmann on April 1. According to a Public Safety spokesperson, the warrant followed the receipt of a "deposition" from the New York Telephone Company. The arrest was made by campus security, said Assistant Director of Public Safety John Crela, "because we were the ones who investigated it and the crime was committed on state property." By "state property" Crela means that Ketter mons so that he could come in on his own. It is also interesting night in jail. "I contacted Judge Roberts who agreed to sign an order releasing him from custody until the following morning. I stopped by the judge's house, picked up the order, went down to headquarters and they Law Student AlanRosenfeld faces new charges. (Moran) released him without bail," said Klaif. On Thursday morning, Rosenfeld was formally charged. He entered a plea of not guilty and a pre-trial conference was scheduled for May 4. Rosenfeld has been charged with aggravated harrassment (which is a Class 'A" misdemeanor and carries a maximum fine of $1000 and/or one strip searches of all prisoners, and, according to Lenny Klaif, it is also standard operating procedure to "allow folks to call an attorney in the morning, after arraignment." ■Klaif also noted that "it is interesting that they chose to obtain a warrant for his arrest rather than to obtain a sum- year in jail). An administrative complaint stemming from Ketter's allegations was also filed against Rosenfeld by Dr. Steven Sample on April 12. The hearing has been set for April 26. He is charged with disruption of University activities and harrassment (§§536.1 and 536.4b of the Rules and Regulations for the Maintenance of Pulic Order). If the administrative hearing results in a decision after he completes the semester's exams, it is possible that Rosenfeld will not be allowed Continued on page JO Judge Saad Abou-Of Is Law School Guest by Wendy Cohen Egyptian Judge Saad Abou-Of will speak at 12:30 today in the Faculty Lounge, on the legal aspects of his country's transformation from a single to a multi-party state. Abou-Of, Vice President of Egypt's Council of States, is the country's second ranking administrative court judge. He will discuss the technical problems involved in rewriting old statutes and writing new ones to allow for a politically diverse state. Law School professor Andrew Spanogle said that the judge would be trying to put Egypt's change to political party freedom in historical context, and noted the talk should be of special interst to students interested in international human rights. All are invited. Of added interest, the legal profession in the Middle East will be the topic of a one day conference on Monday, April 26, sponsored by the law school and Bar-Han University, Israel. The conference will begin at 3:00in the afternoon in Room 108 with a panel discussion on "Lawyers and Judges in Islamic Law." After a break, the conference will resume at 7:30 with representatives from Egypt and Israel discussing the legal professions in their countries. Featured speakers will be Israeli Professor Arnold Enker and Egyptian Judge Saad Abou-Of. Professor Andrew Spangole, who will moderate the afternoon panel discussion, pointed out that the conference is scheduled, symbolically, to take place one day after Israel turns over the Sinai. Adding that "getting an Egyptian and Israeli on the same stage together is somewhat unusual," he encouraged everyone to attend. �Letter from the Editor Opinion April 22,1981 Vol. 22, No. 12 Editor-in-Chief Earl Pfeffer Managing Editor Barbra Kavanaugh Ray Stilwell News Editor: Mary Ellen Berger Feature Editor: Gary Caines, Photo Editors: Business Manager: Frank Bolz Ralph Peters Roving Art Critic: Contributors: R.W. Peters, Glen Freyer, Glenn Frank, Robin Romeo, Wendy Cohen, Ward Oliver, Steve Getzoff © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. What's Going On? Alan Rosenfeld was arrested in the halls of the Law School at a time of day that would almost guarantee an overnight stay in jail, on an arrest warrant which was almost two weeks old. Moreover, administrative charges based on the same allegations were filed more than a week after an investigation had led the University's Public Safety Department to obtain the warrant for criminal arrest. These facts raise many questions. The Office of the University President refuses to make any statements about any charges, administrative or criminal, which are pending against Alan Rosenfeld. This is understandable. However, the Administration has remained equally silent on allegations made by Rosenfeld early this month regarding certain actions taken by Assistant to the President Ron Stein and Director of Public Safety Lee Griffin. An investigation on those matters is certainly a separate issue from any of the charges now pending against Rosenfeld. Or is it? Rosenfeld was arrested on February 27 because he had refused to leave Squire Hall until all other students were out of the building. He thought that this was his responsibility as a nonparticipating legal observer. Later that day, Ketter filed a separate criminal complaint with the Buffalo Police about some obscene phone Calls which were made to his home a few hours after the Squire Hall arrests. On April 1, after an investigation of Ketter's complaint, a Public Safety officer asked for and received a warrant for Rosenfeld's arrest. The warrant charged him with aggravated harassment of Ketter. On April 14, Rosenfeld was arrested on the April 1 criminal warrant. Our questions are the following: Why was Rosenfeld not arrested until two weeks after the warrant was obtained? Why was he arrested on his way to an afternoon class, rather than being given the opportunity to go down to police headquarters on his own? If the adminsitrative charges serve a legitimate University purpose, why were they not made at the same time that the warrant was taken out? Why won't the President's Office release any statements about whether an investigation of Griffin and Stein is being conducted or even considered? Why does Dean Headrick feel it is inappropriate for the dean of a law school to comment when a law student is arrested in the halls of that law school? Two days after the arrest, Headrick told the Opinion that he was unwilling to make any statements on "fragmentary information," yet he was told about the arrest by Assistant Dean Vivian Garcia minutes after it happened. Of course, there may be very good answers for and explanations to the above questions. Rosenfeld says that he was never contacted about the warrant; maybe he missed that call. The administrative charges may be based on a separate investigation, thus explaining the delay. The Dean may recognize that he will be working with Dr. Sample and the University Administration long after Alan Rosenfeld has left U.B. Law School, and may prefer to do what he can with quiet diplomacy. We, as students, are confronted with two choices. We can ignore this entire controversy, thrust that the Administration will handle it in an equitable fashion, and proceed with our preparations for exams. On the other hand, some of us will choose to take our questions about due process and administrative discretion out of the classroom and into the halls and offices of the lofty institution that has taught us these principles. If you choose the former course, good luck on your exams. If you choose to take the latter course, and to perhaps apply some of your legal training outside the calssroom, then you can contact Dr. Sample and Dean Headrick. Ask them the questions which we have raised. Maybe you will get some answers. Letters to the Editor appear on page 10 ofthis issue. Opinion April 22,1982 ;«{ nomiqO SBer ,££ inqA 2 Do We Need Aand Newspaper? reflected the beliefs which This issue marks the beginning of the tenure of a new editorial board. We hope to continue what we believe have been significant improvements in the quality of the paper over the past school year. But we are an ambitious group, with strong ideas about the role of this newspaper in the academic and legal community we have here at ÜB. While the future direction of the newspaper and the editorial policy on all issues which arise will be collectively determined by all members of the board, I nonetheless want to share my personal views on the paper, its vital role in the law school community, and its potential for continued growth and change into a relevant, stimulating, and thoughtful journal. During the past year I have become aware of a range of sentiments within the student body regarding the Opinion. While some views are not in stuAnd those ideas will find expresbody. dent sion in the editorials and the articles which I write. But I have an equally strong commitment to creating a forum in which those with whom I disagree, even vehemently disagree, can and will express their particular points of view. Only through open and critical debate can a community become vital and produc- tive. Perhaps what I write here will be taken as gross overstatement. After all, we're talking about a law school newspaper, not a nationally important publication. Yet even within the confines of our small and artificial world of O'Brian Hall, we have community interests and responsibilities. While it remains the paper's responsibility to cover the activities and achievements of the student body, from running races and beer to moot court competitions and blasts, reflecting favorable, possibly of the paper are the hard work of the many writers who in fact academic honors, it is also our responsibility made this year's issues stimulating and rele- to debate and discuss the social issues of our vant, there remains a sizeable collection of time. Why? Because we are a newspaper, and students, some even members of the SBA the freedom to freely exercise the press is a Board and Finance Committee, who believe precious one. There are two ways to lose that freedom. that a law school newspaper is a waste of time One is to have it taken away. The other is to and money. Perhaps even more disturbing is a view, fail to use it. If you don't exercise the right to hopefully shared by a minority of students, print ideas, then it is only an abstract freedom that the Opinion caters to left-wing ideas, and and its power is lost. In keeping with this view, it is my hope to is used by a tiny group of students to expound on issues and ideas which are parochial and help create a newspaper that will cover the broadest range of events and ideas. This in<~ self-serving. To the extent these sentiments exist, I am cludes stories of interest to law students alone disturbed by them, and I take exception to as well as the reporting and discussion of events and ideas which won't likely appear in them. This paper has tried to report on the in- any of the Buffalo newspapers. terests, the activities, and the beliefs of every I personally invite all law students to parstudent in the school. If we have failed, it is ticipate in this effort. We will refuse to print the failure of student participation and is not no article. But we will also respond .critically the result of any policy of the staff. For this and forcefully to ideas with which we to be successful, it is essential that there disagree, and we invite the entire student body paper , be a broad based community interest in it and to do the same. an unswerving commitment to its publication. Earl R. Pfeffer I will be the first to admit to having opinions Editor-in-Chief What's A Mother To Do? On April 15,1982 University administrator Bruce Speller issued a policy letter which was posted on the Blue Bird buses. The letter announced the prohibition of children from riding the buses, even if accompanied by bona fide student passengers. That policy has now been changed and children on their way to and from university programs will be permitted to ride the buses if accompanied by a parent. However, if a child is merely accompanying a parent to school, he or she will not be permitted to ride the buses. [on the issue of child but it went in a The clarification of policy passengers], different direction completely was made after a phone call was intended." He agreed than from Opinion editor Barbra was Kavanaugh to Mr. Speller. Ms that further clarification needed. Kavanaugh had been informed Even with the revised policy, on Monday morning that a some parents may be however, woman student taking her seriously inconvenienced. child from Main Street to the Because there is no child care Baldy Hall Early Childhood university, parents are Development Center was told in this bring that her child could not ride the buses. Ms. Kavanaugh called Mr. Speller to inform him of this incident. Mr. Speller explained that he had "decided to take an action their often forced to children with them to school. The university provides no childcare, yet tells bus-riding parents that the children must stay home. What's a mother to do? FSRB Changes Policies The Faculty Student Relations Board is composed equally of appointed faculty members and elected students. When the FSRB was created it was given both the grievance power "concerning the entire Spectrum of law school life from whatever source" and investigatory, research and recommendation powers "on any phase or problem of school life provided that function is not being performed by another committee Any member of the law school community who is aggrieved by the actions of individuals may bring matters to us, either after settlement by parties is a by contacting the chairperson change in the traditional way or the Dean. in which the TSRB has Grievances against par- operated, though not in its ticular individuals which are powers. In changing the pracbrought to the FSRB may result tice, current FSRB members in a hearing and recommendaconclude that, whatever the tion of appropriate sanctions. equitites may have been in If the parties involved in a past cases in which there was grievance agree to some settlerelief through settlement ment before or during such a without review, it would be unhearing, that will not, in the fair to attempt to go back and future, necessarily terminate resurrect any grievances the matter. The FSRB will previously before this Board. determine whether there are independent institutional interests involved, and whether the settlement is consistent with those interests. not the within the community or con- FSRB will continue toIf cerned about problems or its jurisdiction over theexercise matter. practices within the law school Independent FSRB review ..." Persons who operated within a prior tradition which both encouraged and automatically accepted settlement will be left to the settlement they negotiated. However, that tradition is no longer available. �President's Corner Thanks for the Memories Well, it's so cold and I've been snowed in for so long, I'm not sure the ink in my pen'll unfreeze long enough to write this piece. Despite the snow on my shoulders, the Opinion people tell me it's time to wrap up for the summer and state my IN CONCLUSION. And so, without sounding boring, monotonous, or like some record that's been played too many times I'd like to say good-bye for now. A hug and a kiss and a special thanks go to those board people who worked their off all year and really put their hearts into making this year a better life for all of us; for going unrecognized, unrewarded, unnoticed and even unpaid; for really caring and doing this out of that good old down home desire to do something for someone else or somebodies else, not for their for being green khaki funny; own self-glory or selfish Jill Paperno for stirring our motives; for taking on a job political emotions; to Ron and doing the best they can Osson who made sure things plus more (golly!); thanks were done right; to Irene for especially and can he stay getting us a "deal;" to Bill forever Sherwin Suss who Altreuter who made sure we all worked his curls off, was followed Roberts' rules; to always there, and dished out Joyce Funda forgetting a difsome of the best damn advice ferent vending machine outI've heard all year; more than side the second floor' to Wing once thanks to Sara Hunt, Wah and Cindy for giving up whom all I had to know was their positions when they Recently-elected members (Caines) of the Buffalo Law Review Editorial Board that she wanted to do it and I didn't have the time to put alot knew she'd be great; and to into it; to Alan Rosenfeld for Carol Guck for running around stirring us all up; to Rocky for and having the guts to bring running and running; to all the Ellsberg to UB and for working MEN who never thought they so hard despite Negotiations; could work with a WOMAN; to Rob Turkewitz for staying and to everyone else for never involved, the bottle of wine making a quorum a problem, and moral support when I for putting up with a desire to Mendick, Dave Doherty, James by Glenn Frank thought no one cared; to Rich make this a good year. As BonMetzler, and Dave Long, Note Wiebe for busting his ass on nie Raitt said, "You didn't have The new editorial board of and Comment Editor. law revue this year and taking to do what you did but you did the One of the stated objectives Buffalo Law Review took no credit. Thanks to Tim Brock and I thank you." o.fice Monday after elections of the new board is to speed held April 8 gave eighteen the publication process. Over members of the organization the past several years the Law new jobs for the coming year. Review has fallen approxTaking over the position of imately one year behind their Editor-in-Chief is Bob Lane, a publication schedule. "The main goal of this second year student. He replaces Ed Flint, who, follow '82 '83 editorial board," said felony, and taking indecent prison sentence. The majority's ing graduation in May, will Lane, "and one we feel is sexual liberties with a child opinion was not signed, and practice in New York City with realistic, is to publish five was five years; the maximum was issued without allowing the firm of Fried, Frank, Harris, issues of the Law Review, rather than the regular four." penalty for attempted murder Davis' attorneys to file briefs Shriver, and Jacobson. To aid this process, was twenty years; and or present oral arguments. Others elected to new posi4) the Virginia legislature In dissent. Justices Brennan, tions are Ruth Keating, Ex- members of the outgoing also concluded that sentences Marshall, and Stevens said that ecutive Editor; Chris Desmond, board have collectively pledgfor crimes like Davis's were ex- they were troubled by three Managing Editor; Joe Craven, ed to remain active and to processive. In 1979, it reduced the things: first, the majority's "in- Mary Home, and Jane Markle, vide assistance to the new ofmaximum permissible sensitive" decision itself, since Articles Editors; Rich Alex- ficers as they take on their sentence for each drug offense they believed Davis's sentence ander and Wayne Cradl, responsibilities. "We would from forty years to ten. was cruel and unusual; second, Publication Editors; and Keith like to make this transition as Accordingly, the District the manner in which the deci- Bond, Alan Solarz, Steve smooth as possible," said Lane. Court held that Davis' sion was rendered, which they Sheinfeld, Kathy Jackson, Ron "The old officers have been a sentence was "grossly out of critized as another example of Weiner, Jerry Cambino, Ron tremendous help." the Court's "growing and inexproportion" to the crime committed, and was thus "cruel plicable readiness to and unusual punishment" in dispose of cases summarily" violation of the Eighth Amend- and as a "patent abuse of ment. Sitting en bane, the 4th judicial power;" and third, the A common criticism of law between consumers and merCircuit Court of Appeals af- majority's unjustified and firmed the District Court's unexplained expansion of its school is that students do not chants. After a case is referred holdings in Rummel, which on- acquire enough practical ex- to the service by the Better decision. perience. As most cases are Business Bureau, a case worker Last January, in a split decily concerned penalties imposcalls both parties to get their sion, the U.S. Supreme Court ed under habitual offender settled out of court, negotiation skills are essential for ef- side of the story. Meticulous reversed the Court of Appeals. statues. The dissent sharply fective advocacy. An excellent attention to the facts surrounThe six member majority a forty year disagreed with the majority's way for law students to obtain ding the dispute is necessary. declared that parties to prison sentence and a $20,000 view that there were no objec- these negotiation skills is by By enlightening both the other side's complaint and fine for the possession and sale tive grounds by which to judge joining the Consumer Mediaencouraging compromise, we of nine ounces of marijuana the harshness of Davis' tion Service. The organization is compriswork to assist the parties in was not excessive, was not sentence. The dissent concluda mutually agreeable reaching approximately ed of fifteen cruel and unusual, and did not ed that while legislative acresolution to the dispute. students who mediate disputes be presumed valid, Davis' constitutional tions are to violate rights. this presumption "cannot The majority stated that it justify the complete abdicawas bound by its decision in a tion of our responsibility to en1980 Texas case, Rummel v. force the Eighth Amendment." It has now been eight years Estelle. In that case the Court held that the mandatory imsince Davis received the fortyposition of a life sentence on a year sentence. His only remainman who had been convicted ing hope for freedom is to have under a habitual offender his sentence commuted by statute was constitutional. The Virginia Governor Charles majority said that a sentence Robb. short of death could only be A petition in support of considered cruel and unusual in the rarest of circumstances, Davis' efforts to secure comsuch as the imposition of a life mutation has been signed by; sentence for overtime parking. over 400 faculty members, The majority concluded that students and student groups at there were no objective factors the University of Michigan. A by which the dispropertionali- copy of the petition is posted ty of Davis' sentence could be on thedoor of the Guild office, measured, and reinstated the Room 118 O'Brian—we urge New BALSA officers (Caines) $20,000 fine and forty year you to sign. Janet Maclin, President and Dewette Aughtry, Community Liason Law Review Selects New Editorial Board News From the Lawyers Guild: The Wheels of Injustice Turn The Buffalo Chapter of the National Lawyers Guild recently received this article from the Michigan chapter at the University of Michigan School of Law. THE WHEELS OF INJUSTICE by Peter Friedman, Peter Levine and Ned Miltenberg In the early 1970's Roger Trenton Davis was singled out for investigation by the local police of Wyethville, Virginia. Davis, a resident of Wyethville, was considered by the police to be a "leader" of the "counter-culture" movement of the time. Others in this small rural community had singled out Davis for another reason: Davis is a black man married to a white woman. Shortly after their marriage, a cross was burned on the Davis' lawn. In 1974, the police arrested Davis for the possession and sale of nine ounces of marijuana. Davis was convicted, fined $20,000, and sentenced to forty years in prison. After he was denied appeal in the Virginia courts, Davis petitioned the Federal District Court for a writ of habeus corpus. Davis had four factors working in his favor: 1) the average sentence at that timefor drug offenses was three years and two months; 2) the prosecutor in the case was urging Davis' immediate release. He noted the "grave disparity in sentencing" and called it a "gross injustice;" 3) the maximum permissible penalties for far more serious crimes were much shorter than the sentence Davis received. For example, the maximum penalty for voluntary manslaughter, wounding a person in the commission of a ... ... CMS Seeks Members Missive From Carcia: GOOD LUCK ON EXAMS! Invitations to Commence- through Marie McLeod in ment 1982 are available Room 312. April 22,1982 Opinion 3 �From the NLG Grand Jury Abuse Film Grand Jury Abuse In the last couple of decades, there has been an increasing number of instances of grand jury abuse throughout the United States. Though grand juries were conceived to function as a check on prosecutors and asa way to determine the feasibility of bringing Lawyers Guild. Recently, a film was released concerning grand jury abuse. Until She Talks, a film by Mary Lampson (Underground and With Babies and Banners), is a dramatization of one woman's experience with witnesses who were subsequently jailed The three received a great deal of public support, since many had not yet forgotten the "Communist purges" of Hollywood during the 19505. The film will be shown this of their non- evening at 7:30 p.m. in Room with the grand 112 followed by a discussion with Deb Edwards, from the Ms. Lampson's own en- Grand Jury Project, Inc. counter with the grand jury is part of the background used The Guild and Nuclear for the film. In the early 19705, Weapons Ms. Lampson, along with two At the National Lawyers other filmmakers produced a Guild Convention in March, a film on the/—-Weather resolution was passed which certain cases, many citizens because have been summoned to testify in front of grand juries for other, illegitimate reasons. Many of those witnesses have been subpoenaed in the hope that they would be able to provide the government with information concerning the activities of political groups. Should they refuse to testify, they are sent to jail for con- paneled to examine information about the Weather Underground. The subpoenas were ultimately withdrawn. cooperation jury. entitled states in part: 1. The National Lawyers Underground. After comtempt. pleting the film, all three were Guild urges all nuclear In 1975, after the broad FBI/ subpoenaed to testify in front weapons states to assume Justice Department attack on of a grand jury which was imContinued on page 9 the women's and lesbian communities across the country, the New York Women's Union established the Grand Jury Project, Inc. The Project was conceived as a way of not only to publicizing the widespread SUNY's Conversation in the speakers from Yale, surveillance and harassment of those involved (even tangen- Disciplines Program, in con- Georgetown University, U/B, tially) in leftist political work, junction with the Departments and the State Universities at but of exposing the manipula- of Modern Languages and Albany and Stony Brook. Sessions, which will include lection of the grand jury process for similar purposes. The Pro- Literatures and Linguistics, will tures and discussions, will be ject additionally provides sponsor a two-day conference, held in the Jane Keeler Room, assistance to those who have April 23-24, at U/B's Amherst 107 Millard Fillmore (in the been subpoenaed to grand Campus, on American at- Ellicott Complex), from 9:30 juries, or who have suffered titudes toward foreign a.m. to 4:00 p.m. on April 23, from FBI harassment. It is co- languages and cultures. and from 9:00 a.m. to 11:15 sponsored by the National The conference will feature a.m. on April 24. Underground Language Conference To Be Held At U.B. New Albany Bill Will Protect Utility Users by Glen Freyer Coming before the Albany legislature in late April is a bill of an existing payment, billing or communication mechanism to collect funds for another group or purpose." This method of "piggybacking" funds is used by workers, in the form of union dues check-offs; by government, in the form of income taxes; by producers, who use the money for research and promotion of commodity activities; and by students, to form Public Interest Research Groups (PIRGs), to name just a few ex- for the formation of a Citizen's Utility Board (CUB) in NY state. There is a recognized need for such a board which can research rate determinants, lobby, litigate, educate and involve consumers in New York State. The implementation of consumer check-offs is a viable method for achieving a more active consumer moveamples. ment and aiding initial financAs varied as are the uses of ing of a CUB. The ability to organize, to in- check-offs, are the types of form, and to effect change, on check-offs themselves, which include mandatory, refunissues dealing with theenvironment, consumerism, and the dable/refuseable, and conpublic interest have historical- tributory. The mandatory ly been lacking, due not to an check-off is formed by a mainsufficient number of people jority vote, and has no refunds. concerned, but rather, due to The refundable is the same as an inability on the part of the the mandatory type, except organizing group to secure a that the money is refunded if sufficient funding base to one does not wish to support achieve their desired ends. If the organization. The problems concerning initial refuseable allows people to costs could be overcome, concheck off that they choose not sumer groups would be form- to pay at all, and the coned, and prepared to advocate tributory lets those who are inchange, at a greatly ac- terested make a contribution celerated rate. A proven effec- above their regular bill. In Wisconsin, 60,000 utility tive device for forestalling initial costs, and therefore allow- consumers have used the coning newly formed organiza- cept of the check-off to form a tions to stabilize, is the checkCitizen's Utility Board, which represents them before their off. A check-off is, " the use Continued on page 9 . BAR/BRI has grown dramatically over the last few years due to its unmatched success in the preparation of New York State bar examinees. Don't be misled by advertising misrepresentations or unsupported disparagement from other bar review courses. We would like to thank and offer congratulations to the more than 200 BAR/BRI enrollees in the graduating class of '82. They know our program is no crap shoot or lottery—BAß/BRI will get you through the bar exam. Ask our representatives the reasons why. . BAR/BRI Julia Qarver Judy Holender Carmelo Batista Mark Relsman Molly Zimmermann 4 Opinion April 22,1982 Joe Ruh Rick Roberts Ron Osson Ann Demopoulos Leander Hardaway Karen Russ Irene Hlrata Robin Romeo Jan Davldoff Jon Solomon Carol Quck Sara Hunt Steve Shelnfeld znemreid �mU fl ■ a. fl £ Vf I^BP*■ I fIL Bj9 iitfi HmdMß Jfl bbbbbbbbbblibbl BWr Hiid jbbbßbbbW iflrlsfl ,Jy *J|H % ■_ X. ■"* y/ J| * " ÜBm iBbl *~ |f Ip IBBFbI BayS i■Bjßr ■■p MBBmBP X, I itwß B BBb " A B> ~ ' BPP f <bbl " J JjßbH B 888 BkoIbBbBBF ™*"% \ - tß' Jbbl ji LbA : :J ' ■Fi: -' ' \«H BBBBb/ " bB BbPBBbBBbB bbhbk#bl \ * 3 J L.. jl"BBBB*Nr fl B 11 '■■ bbbbbbbmC' *Jf bM BBMBk. ■b\ V. %* |r 1 x r* -88. 1 m : BBmMbV Bak '"m ■mf I W-PftT i #1 , >. . I V ' :> f 1 :WHbbß B . BBK' "***- 888 BBBk BbV. f' X bS aßtt v BBBV JBW bbT H^'bh : BB *s\ %\JjK^m^M fl jT AJbI |L*- -*—^ "- Ptl " __J :,-«ui """"'' &: " BBF B ■ ' Hfc I BBi b\ BK * 888 # BBBhI': JI '" ■■/ 88888 X 888 1 bbbbl aBBBBB' sW i n " H*'"' BP*^" Jp - 888 BBh \ ['I',^*- ■ v»»> Br"*" 188 .JJBBBak afl BBBi w~ /» Blfl ' *tfm MMr a / J3r 'flr 188 -*"'"'Mt "H *"* * b^^B^^^^^Jl f* bbl RPp^l ?' L B? § *' Mm~ .MB X % ; SbbtBf JBBv n-' : 888 BBb HBKife _BB PPNtev IflP*' '^aiflp' man'" BBBk -■W I fl% ■ • MKr bbt :PPlßßßML«ai^i^MMhk Ajof3mrtl^B>'hi. f' ' ' " Jfif Bl: *wB Am. a "**»., 88l .mBgI *■? fl : V'wbbmbbv y&KkW flF^| ai €> i .JR 1 BBV Jv ".. fcX llfJßP*' JE B "' :L "" I iMmm HMB V H ; llir ** : *Bbl Bar*" ■ ■ BBr 'jA bbc bbb Aj :fIT .'■ ..*>■ a • ?*£k B^*..» :,>iliiißM bjpJß WSj* _.: Mm __ M iLm afl I pi f 1 If BiFBJBBa 888 tm ' bB _y -ir b_b April 22,1982 ij^w^ ■X fl 888 '' ■ Rf BKoBr jgMM^. Blfl BBBt. Bbb Opinion 5 �H -J Graduation Activities Congratulations May 22- Cocktail Party at the Marriot Hotel. Time 5 p.m. - 7 p.m. and Open to all students, families, guests, faculty and staff. Best Wishes - May 23 Graduation at the Statler Hotel. for a happy, Ceremony starts at 1:00 p.m. All graduating students should be at the Statler by 12:00 for preparation and healthy lineup. life. — The Student Bar Association — Post graduation toast immediately following ceremony Congratulations & Good Luck M@bil GOOD LUCK SENIORS 6329533 JOSEPH 808 AND DON'S MOBIL SACCOMANNO 1375 MILLERSPORT HIGHWAY PHOTOGRAPHY (NEAR MAPLE) AMHERST. NEW YORK 14221 4260 CAMP RD. 808 KAISER DON LODER CONGRATULATIONS CLASS OF *82 LAW STUDENTS THANK YOU FOR YOUR PATRONAGE ACCU-TYPEsetting Resume Service 47 Christine Dr. - Town of Amherst 691-7480 • HAMBURG NY 14075 • 716-627-5416 Your Senior Portrait Photographer Congratulations and Good Luck to the Class of '82 BAR/BRI Opinion 6 April 22,1982 �ti®, v Vloral Shop 3075 Sheridan Drive Amherst, NY 14226 Northtown Plaza MARGARET A FECHTER University Press Ramblin Rose 833-3136 Full Service Florist MIKE'S SERVICE ALL TYPES OF CAR & TRUCK REPAIRS FOREIGN & DOMESTIC CORVETTE WORK has been happy to serve you through your Law School career. Remember as alumni our services are still available. RESUMES • INVITATIONS • STATIONERY • TYPESETTING - Monday through Friday, 9:30 am 5:00 pm 60S. Harriman • 831-2588 CoogßatalatioDs Class op 1982 — When you ane studying por youn BAR Reraembeß ogir BAR — — — Mike Currier 836-9765 Central Park Grill PROP. 4291 Maple Road (Corner Sweet Home Road) 2519 Main StßeeC Bullfeathers Lodge 3480 Millersport Highway Congratulates the Class of U.B. Law School We 'II see the rest 1982 ofyou next year! April 22,1982 Opinion 7 �(w , , ~/.,„'....U.' -fl fl BB LmBBBmI it i *~ " jt J? aH! • I.fl «. BB fl| Bk L ■B B JPtjja„ jr -Jlfl £-Jfr<m\ Biw Bli ' V* >'V "" # T Bcv ln|r % laf—Mb flfl Br \ Bfl iff If fli bbW - aBBBB BBV BBT hW flflfl BBL * -m J ibb J * I mW -akJ BBr> fl Bl fIiLV" Jfl 'flWak 888. r/' - B .: « aSPtf- >BaY —v 888 bW IT kr\ ■ * j ™ -aV BBußfl ■ ■ IvW. aafl fl BB r IB JBBj. 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B* aBM BBBmMBBB BBJ B Ml BJ —*** 4 BbßbßbV MBBBBV . *■-■■.. ......■.,,. ■:- ■""■"r BBT at i 884 1 fl mi ~ Bl .aBBB Ml B B H I bbbW |X- ~BbB jßb B m H M aafl Br * iB mBbB -aßÙ*l BhF H bTMB fl 888 i*fl If ■■■■■■ BhhBBBbI 888 88888 B BI B BB BL!' ■ ■ H MM. ' S* BBk. BfIBBVB 1 .' ' B ■J888 ::■ ' mBBBBV -BBmBBBBbs. ::.L::: -*'■'■'■ aaflfl Bbßbi '"'"' *■' Bk «y^^ V^ 1 fl Bjp"^ Jfll a - jbt'^^Bbbbl X^BBBjY BT ~* '"' * #pif j' b i ,i ' **t �This Weekend . . . Rockin' Bonnie Shakes Shea's by Barbra Kavanaugh Although this weekend will begin a week of intensive study for many law students, there are a few events on campus for those students who have kept up with all their reading, attended every class and finished their outlines by February 28. On the other hand, for most of us, the activities may be just the excuse we need to put off studying for just one more day. For those who feel less guilty when their entertainment is law-related, Eric Berkley's Concord opened last night at U.B. Center Theatre, 681 Main St. and will run Wednesday to Sunday through May 2. Tickets are $5 for general admission and $3 for students, senior adults, U.B. faculty and staff (with IDs). Bentley, an internationally- renowned playwright, drama critic and Brecht translator. describes his play as "a courtroom comedy—with some sinister overtones—of which the open secret is that the crime has been committed by the judge himself." Those students whofeel that "law-related entertainment" is a contradiction in terms and have a taste for culture may enjoy the U.B. Workshop's presentation of Mozart's two-act opera. The Magic Flute, 800 p.m., Friday and Saturday, at Slee Concert Hall (Amherst Campus). Tickets are $5 general admission; S4. U.B. faculty, staff and senior adults; $2 for students, available at the door only. Samuel Beckett's Cascando, a two-character dramatic piece for musk and voices, will be performed at 8:30 p.m. Saturday and 7:00 p.m. Sunday at the Buffalo Entertainment Theatre, 284 Franklin St. Admission is $6; $4 for students and senior adults. Also on Saturday, a Dancers' Workshop, featuring works by student choreographers, will be held at 800 p.m. in Harriman Hall Theatre on the Main Street Campus. Tickets are $2.50 or $2 for students, available at the door. Finally, on Sunday night. Toots and the Maytals, a reggae group, will perform at 8:00 in Clark Gym on the Main Street Campus. Tickets at $3.50. students and $5, nonstudents, are available at the Harriman Hall Ticket Office on Main Street Campus, Rude Boys Cafe. The Record Co-op (Capen Hall), Buffalo State Ticket Office and Record Opera Theatre on Main Street. Help for Users .. . Continuedfrompage 4 a later date for insertion of the Public Service Commission CUB mailers. (PSC). In its first year of existence, it has already successfully saved gas, telephone, and electricity consumers more than 14 million dollars in rate increases. Through legislation. the' utilities are now required to insert a small mailer in their bills whichasks, "If you're mad as *?!@ about your utility bill. join CUB." Consumers can then check-off a specific box and join CUB for a small membership fee. By having the utilities incur the initial mailing costs, which Wisconsin utility executives have admitted were virtually costless. With figures projected from Wisconsin, it is conceivable that a million dollar corporation could be formed in New York State with a membership of 200.000. That money would then go to hiring lawyers who are experts in rate base determinants to intervene before the PSC on behalf of the consumer. These lawyers would be directly accountable to an unpaid, membership elected, board of directors. Due to the nature of check-offs, the board would have no ties to government, would not use state tax dollars, and would be more acthan any countable CUB was able to establish bureaucratic or regulatory itself and re-pay the utilities at agency. by R.W. Peters Bonnie Raitt and her Bump Band and the John Hall Band took Buffalo by storm last Tuesday night, playing before a capacity crowd at Buffalo's Shea's Theater for three footstomping hours. John Hall, late of Orleans, opened the show with an eclectic selection of music. Picks included the old Orleans tune "She's The One" and the no-nukes anthem "Power." Hall is travelling with an ex- submit no grade before Its ttme '. ) J looking great as usual —black jeans, boots, green shirt, thatfabulous mane of red hair. A tiny woman who knows how to play a crowd. With the exception of Dennis Whitted on drums, she's got all new personnel in her new group, having dropped Freebo somewhere along the way. One thing that hasn't changed is Bonnie's sassy manner. The California-based Old Grand Dad, and Camel cigarettes, Ms. Raitt still has a soaring, emotion-packed voice that seemed almost too big for Shea's. Skinner's sax playing was. quite simply, tremendous. Dressed like a beat character out of Kerouac's The Dharma Bums, he didn't miss a beat the entire evening. For most of us raised on the Clarence Clemmons school of effective but simple sax riffing. Skinner's songstress remains partial to playing was a promising inlow humor and the occasional dication of what a proficient cellent group of musicians; salacious remark. The au- sax player can add to rock. special recognition, however dience came expecting nothing In the course of Bonnie's should be given to the band's less, and hooted and hollered hour and three quarter set, she throughout the evening. bald keyboardist. Bill Luckenplayed "Three Time Loser," baur. This fellow, aside from Bonnie's band, comprised of "Hunk of Love," "Guilty" and his ability to really tickle the Whitted, lan McLagen the Eric Kass classic "River of ivories, was also blessed with a (keyboards), Roy Ohara (bass), Tears." This reviewer was superb voice. Hall's band sounded tighter than the Bump Band —I don't know whether this fact was due to their respective expertise or differences in the mixing backstage. After a more than respectable round of applause for John Hall Band, Bonnie came Ricky Fataar (rhythym) , disappointed that she didn't Johnny Lee Schell (lead), and get around to one of his perRufus Skinner on saxophone, sonal favorites, "Love Has No were more than competent to Pride." play Raitt's brand of raunchy Bonnie came back for two blues and folk rock. The two encores, her last tune being the best instruments on stage that Sam and Dave standard "I night were Bonnie's powerful Thank You," which is just voice and Skinner's saxophone. about the way this fan felt on After ten years of touring, leaving Shea's. Letters to the Editor We Couldn't Do It Without You Open Letter to all Law Students: ment appeared and showed us how little we knew about stage lighting. Several apologies are We would like that take this also in, order. We completely space to thank everyone who misjudged the length of the helped out on Law Revue. The show. The audience was obshow would not have been viously getting restless so we possible without the help of a picked an arbitrary point at great many caring people. We which to stop. As a result thank you. We would also like several very good acts were to specially thank Brad cut out of the show. ContinuRiendeau, who at the last moing would have been unfair to ... both the audience and to those of you waiting to go on who had put such hard work into your acts. We sincerely apologize. We hope that everyone enjoyed Saturday evening. you all for coming! Thank Lett Shein Rich Wiebe . . . But We Did Anyway To.the Editor: As a near-participant of Law Revue '82, I would like to offer my comments regarding both the show and your recent critique[Opinion, April 8,1982).' "As there were over forty acts scheduled, it would be impossible to mention and praise each performance individually," the article declared. Impossible indeed, since most of the second and all of the third act (excepting Nude Law Professor of the Year) were cancelled. To those of us who / I will on, were in the second and third the floor to begin dancing. acts, who had juggled It was obvious to those of us schedules and cancelled other who were cut that we were commitments to practice our outranked by upperclass law routines or make props, this students, some of whom apomission was an affront; more peared several times over in insulting was the utter the first act. Is this the reason disregard with which it was why the dedicated producers done. No announcement was "have not allowed their names made that we were going to to be released to the press"? get the axe, and certainly no Perhaps they have decency the apology, but it became rather not to take credit where it is evident that the show was over clearly undeserved. when, after the Nude Law Professor awards, the majority of Sincerely, the audience left and those remaining were invited out on Barb Barton National Lawyers Guild Contnued frompage 4 responsibility for reversing the nuclear arms race by entering into serious, good-faith bilateral and multilateral negotiations to stop any further development and deployment of nuclear weapons; to substantially reduce existing nuclear weapons arsenals; and to join in formulating an international convention for the complete elimination and prohibition of all nuclear weapons; and 2. The National Lawyers Guild will assist in efforts to oppose Executive and Congressional appropriations and spending for the creation and production of new and more sophisticated nuclear weapons technology. In furtherance of these resolutions, a network of nuclear disarmament committees of the various National Lawyers Guild chapters is being developed. We would like to start a committee through the Buffalo chapter, which ... could do the following: a. plan educational pro- grams, b. reach out to other legal organizations and anti-nuclear groups in the Western New York area; c. do support work in the areas of litigation and legislation and push for electoral referenda consistent with the resolution. If you are interested in organizing and working on this committee, please leave a note in box 604. April 22,1982 Opinion 9 �Albany Cuts Imperil UB Essential Services by Wendy Cohen SUSTA, the supplemental tuition award program for law students, will be eliminated unless the State Legislature overrides Governor Hugh Carey's veto of funding restorations for SUNY. The full impact on the law school of the funding cuts outlined for SUNY in the Governor's annual Executive Budget is still speculative. The only direct affect will be the elimination of SUSTA aid, a form of supplemental financial assistance given to the law school's neediest students. About one-quarter of U/B law students receive SUSTA. $13.5 million was restored to SUNY by the legislature, but Governor Carey has vetoed all funding restorations. SUSTA aid, slated to be eliminated by the Governor's Budget had been restored by the Legislature with an increase. Law School Dean Thomas Headrick said that while it is foo early to predict whether the Legislature will override and restore some cuts, some budget cuts will remain. Budget cuts to the University at Buffalo, estimated to be as high as $30 million, will also have an indirect impact on the law school. Hardest hit will be personnel services throughout the university. Headrick stated that if the cuts aren't restored, then "obviously there are going to be some lay-offs. I can't predict at this time how much of an effect they will have on the law school." "We've got three offers out to new faculty," the Dean continued, "two are replacements, and one is a new line. They won't be affected by the cuts. The budget will be cut elsewhere." What may have to be cut are part-time appointments, upperclass courses such as trial technique, and clinic programs. However, "on the plus side, we're further down on the list to be cut'than other university divisions," Headrick noted. He attributes this to the law school's reputation for high quality, and the fact that the university is aware that the student-faculty ratio for the first year program is too high and that faculty increases are needed. Dean Headrick urged students to write to their legislators to support overriding the Governor's veto of the SUSTA restoration. While the letter writing campaign would have on the school, the Dean pointed out that while first- and second-year students might be able to take out larger loans or increase their work commitments to finish school, future students and applicants will be most affected. Next year a small number of students might be lost to other law schools giving more financial aid, and in the future the cuts will impact on the pool of applicants. Through lack of financial aid, "the really poor students will be squeezed out of our application pool, making this a middle and upper-class law school, like the private schools in the state," said Headrick. He conducted in February by the Student Bar Association definitely helped, he is still concerned over lack of student participation. Stressing that if SUSTA is eliminated now, it will be doubly hard to restore in the future, he commented "students misunderstand how much help several hundred letters can be. A response of hunadded that the school's dreds of letters on a subject strongest argument for SUSTA like this is enormous." is that "students who have the and Discussing the potential imintelligence the pact the elimination of SUSTA background shouldn't be deprived of a chance to go to law school." If the SUNY budget cuts are not restored by override, their effect on U/B may be minimized by SUNY Central, which has the authority to reallocate cuts among the system's units. While such reallocation has been a remote possibilty in the past, the Dean said that it might be a more realistic one thisyear because the cuts have been recognized to fall particularly hard on U/B. Headrick said that one theory that has been advanced to explain the disproportionate cuts to U/B is the school's high enrollment, cuts to Buffalo may be directed towards trying to keep the school's enrollment down so that private schools can sustain themselves. However, the Dean noted that private schools will also be hurt by the state budget. While the law school may be "among the last to be looked at in terms of cuts," Headrick added "we are not immune." Other divisions of the university, such as engineering, had rapid increases in student enrollment, and are in need of faculty increases. If we had a stable budget, the university could respond to these needs, but if the cuts are deep enough, the whole university will be hurt. The Budget cuts will also have a negative impact on the law library, according to Law Library Director Kathleen Carrick. The law library, which is part of the University-wide library system, will lose one staff line, and its acquisitions budget won't really meet inflation increases in book prices. Director Carrick noted that anytime you lose a full-time person it is difficult, especially since temporary services money used to hire student aides has been frozen. The freeze in temporary services money has lead the A-V department in the library to reduce its hours, but the freeze is not permanent and not expected to affect library hours next semester. Budget cuts will also prevent the library from getting new equipment, and librarians won't be able to at- tend out of state conferences and be reimbursed. Carrick concluded hopefully that just as the university has realized the law school is a priority graduate program, they have also realized the importance of the law library. Student Arrested Continuedfrompage J ... don't think it is the place of the Dean of the Law School to be an independent investigator or advocate each time a student reviewed by President Sample gets into trouble. I will try to who may reject the hearing be neutral and do what I can." board's recommendation only Dr. Sample was unavailable upon "substantial evidence." for comment, although AssisAccording to Dean Thomas tant to the President Harry Headnck, "my understanding Poppey said that "the case, is that the Law School doesn't any part of it whatsoever, is grant the degrees. The Univer- pending so there will be no sity grants them and if socomment whatsoever." Popmeone is not a student in good pey also responded "no comstanding they can withhold the ment" to questions about degree. So if someone has Rosenfeld's request for an infinished all the course re- vestigation into statements quirements, I guess they can allegedly made by Assistant to hold up the degree until the the President Ron Stein and student is in good standing Director of Public Safety Lee again but the timing will effect Criffin to Dean Headrick eligibility to take a bar exam." about Rosenfeld's conduct at The Dean refused to make the last Squire Hall rally. any statements about Rosenfeld requested Dr. SamRosenfeld's arrest, saying "I ple to conduct an investigation prefer not to talk about things approximately one week I don't know much about. If I before the administrative had a full appreciation of the charges of disruption and facts. I'd be willing to make a harassment were filed. Stein statement, but I have only and Criffin were also fragmentary information. I unavailable for comment. to graduate if that decision is to suspend or expel him. Either of those decisions must be Opinion 10 April 22,1982 �Registration forms for trie NYS Bar Exam will be available through the Registrar's office. Watch for notices beginning the first week of May. MPRE tapes and materials will be available during the summer for the August 13,1982 exam. The Irving Younger CPLR course will be available during the summer upon request. For information contact any of our representatives. During the summer, direct all inquiries to mailbox number 587. BAR/BRI Tht> most popular bar review course in every law school in New York State. There is a reason why. UUAB CONCERTS presents AN EVENING OF REGGAE UUAB Coffeehouse presents GEOFF BARTLEY TOOTS & the Maytals with Special Guest HUMAN SWITCHBOARD Sunday April 25 8 pm CLARK GYM Tickets: $3.50 students $5.00 non-students Tickets on sale at Harriman Ticket Office (UB), Buff State, Festival, Record Theatre, Rude Boys Cafe, & Record Coop (Amherst Campus). Saturday, April 24 8:30 pm Harriman Lounge (MSC) Tickets: $2.00 advance $2.50 day of show On Sale at Harriman Ticket Office April 22,1982 Opinion 11 �Year-End Awards and Other News from the Sports World by Steve Getzoff Having reached the conclusion of my first full season as a sportswriter, it seemed appropriate to present a few awards to those figures in the world of sports and related enterprises who have so thoughtfully provided this writer and countless others with material throughout the year. The winners, chosen for absurdity and assininity, are as follows: The Prehistoric Revival Club Award goes to the Philadelphia Flyers for their performance in game three against the Rangers. The Flyers nearly set the game of hockey back 10 years with their high sticks and assorted Neanderthal tactics, and as usual reserved their best hitting for play stoppages. The Best Impersonation of a Five-Year-Old goes not to John McEnroe this year, but to Magic Johnson whoranted and raved until owner Jerry Buss agreed to fire coach Paul Westhead. If Ralph Sampson (equally juvenile) gets his way afld joins the Lakers next year, the team will probably have to hire a den mother to serve them milk and cookies after practice. The Worst Application of the Steinbrenner Theory goes to the Cleveland Cavaliers, who thought that purchasing superstars in bulk for exorbitant sums was the way to win the NBA title. Unfotunately, bastketball is a bit different and Cleveland is left with Wilkerson, J. Silas, Wedman, James Edwards, a 6.5 million dollar annual payroll and a 15-65 record. Their only competition this season is from the San Diego Clippers who pursue a first round draft pick with the same vigor shown by teams fighting for a playoff spot. The Howard Cosell Arrogance Award goes to the NFL Players Assn. who maintain that they "are the game." Without a 2 billion dollar TV contact and millions of season. Finally, the Allied Van Lines Award goes to the Montreal Canadiens. After the embarrasment Montreal suffered by losing to cross-province rival' Quebec, Les Habitants would be well advised to pack up and play in Newfoundland next year. viewers to watch, most of these guys would be teaching * * * 4th grade phys. cd. to suppleThe conclusion of the first ment their unemployment round of the NHL playoffs has checks. left us with two groups of four The "Missing" Award goes teams. The four best teams will to the management of the Bufplay until one is left and the falo Sabres who should be re- four worst teams will do quired to account for the likewise, and the best of the mysterious disappearance of winning teams will play the tickets to several games this best of the losing teams. Any year, especially the night Gret- further commentary on this zky came to town. Over 3,000 phenomenon is superfluous. tickets were slated for public What is worthy of comment sale on February 3rd but when are some of the developments the windows opened that mor- in the first round of play. Most ning only 88 tickets were there. notable was the remarkable The Sabres claim group sales performance by Quebec goalie accounted for the remainder, Dan Bouchard, winning his but groups do not purchase first playoff series ever, almost isolated seats, and Sabre group singlehandedly against the sales never exceed 1,000 per Canadiens. While this was gogame in their best seasons. ing on, Michel Dion was perLogic and sources suggest forming similar feats for Pittsome inside trading the likes of sburgh at the expense of the which have not been seen NY Islanders. As the tale of since the adoption of the two goalies went into overFederal Securities Acts. times, it was Bouchard's NordiThe Best-Kept-Secret Award ques who pulled off the upset, goes to Red Holtzman, alleged while the Penguins will have to coach of the New York Knicks, again be content with giving a who retired over five years ago far superior team a dreadful but has yet to tell anyone. scare. Even the team's practice sesThe western half of the sions resemble schoolyard league is left in a state of disarbasketball, and it is doubtful ray largely because of the bigthat he has developed a set gest upset in Stanley Cup play in the last five seasons. playoff history (Edmonton had The No-Place-Like-Home 48 points more than L.A. this Award goes to the Detroit year). Gretzky and Co.'s Lions and Denver Bronocs, freewheeling offensive style both respectable teams who left little room to the concept nevertheless combined for a of defense. Unforgivable sins 3-13 record on the road this such as allowing 10 goals in a playoff game and blowing a 5-0 lead in 20 minutes in another game were committed and thus the Oilers are amongst the first to break out the golf clubs this year. The Rangers overcame the Flyers' aforementioned tactics and a disastrous performance in game 1 to take the series 3-1. The Flyers made their annual third period comeback in a desperate effort to prevent elimination and as in past years fell just short, leaving the Rangers, with some mysterious additions such as Cann Commer and Bob Backman, to face the Islanders—One Mo' Time. So much has been written about the Sabres' early demise against Boston, but one local DJ put it best when he wondered how many fans will be willing to subscribe to a Video Season Cable package next year. The Sabres are still a good team, just not as good as the Bruins. While there is substantial room for improvement, one can only hope that Bowman does not panic like Francis did in N.Y. eight years ago. It took the Rangers half a decade to recover. *The out last * * Courier-Express came week with the ten- the Giants will make a leagueleading four national appearances including the Turkey-Day classic in Detroit. The Jets are also slated for two Mondays and a Saturday, while Super Bowl runner up Cincinnati only makes the national scene twice. If past history is any indication, the sudden rash of national exposure is usually detrimental to a team, not to mention the ABC ratings. The reason I referred to the new schedule as tentative is the continuous lack of progress in the NFL playermanagement negotiations. It seems they can't even agree on how to debate the preliminary matters. One would think the experience last summer would have taught all a valuable lesson, but apparently the warnings go unheeded. For those so engrossed in their finals so as not to be aware of the essence of the dispute, the players want 55% of the teams' gross receipts, rather than the 35% currently allotted for such purposes. While the Players Association is remaining stubborn (and in fact is filing two unfair practice suits, one gainst the league and the other against the N.Y. Times for taking a survey of the players with phone numbers having been obtained from the NFL), one can't help but think that management is not about to let 2 billion dollars worth of TV revenue slip through their fingers. In addition, there is no precious "strike insurance" fund, such as the one which kept the baseball owners from bargaining in good faith for much of last summer. About the only thing to be done at present is to wait and hope my successor tative NFL schedule for next season. While each team's opposition is predetermined based on their position in the division, it was interesting to see that the Giants, Jets and Bills virtually dominate the nationally televised "off-Sunday" listings. Buffalo, who has proven that they play much better when left with a Sunday-toSunday schedule (9-0 on seven days rest, 1-6 with more or less) is again on twice on Monday night and once on Thursday, while the Giants will host a has something to write about Monday Nite Game for the next fall. first time since the advent of the concept in 1970. Overall It's been surreal; good luck! BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS It's RACE JUDICATA The Other runners finished second . Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1982 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 6, 1982, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. Tuition: $125 for taped Buffalo clinic, see UB Agent: Aldrlc Reid " - - — Leo Finucane finished first... And everyone ebe finished Photos by Moran 12 Opinion April 22,1982 (he beer. KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-04-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/22/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/be1ac4f97a6fc3029bd9e4fc5a08b613.pdf 4995c5ac91a4e9a9a86e9ca5bbad684f PDF Text Text "Critical Legal Studie"Scholar Joins UB Law by Lisa Kandel In addition to the approximately 270 new faces of the first-year law class, UB has acquired several new faculty members. Assistant Professor Guyora Binder is a newcomer who is teaching criminal law this semester to Section 3. Binder's academic creden- tials are especially impressive, considering his age; he is only twenty five. After graduating from Princeton University in 1977 with a degree in philosophy, Binder went on to Yale Law School. After receiving his J D., he deserted the Ivy League to spend a year studying comparative jurisprudence as a UCLA post-doctoral fellow. Binder spent last year as a clerk to District Court Judge Jack Weinstein. Binder, having gotten accustomed to being the youngest in his class, is not particularly fazed about the fact nor is he surprised that many of his students are older than he is. In fact, one might easily mistake Binder for a student himself, especially when he is seen sitting at the rim of the library's third floor circle or attending a recent law school party on Capen Blvd. During a recent contorts class, Schlegel said that Binder was "the youngest faculty member in anyone's recent most people call me." The son of a University of Chicago political science professor, Cuyora admits that he had always wanted to teach. For him, the real issue concerned the choice ot subject matter. memory." Unlike most other faculty offices which are overflowing with thick volumes, Binder's is decorated with half-empty bookshelves. In fact, he admit- Professor Guyora Binder ted that until very recently they were completely vacant, but that at the suggestion of seems determined to be difone of his colleagues, he ferent. His teaching approach brought in some boks. He is definitely not stereotypically wants to fulfill the professorial characteristic of a law proimage. fessor. During the first criminal Although his office may law class, for example, he aneventually come to resemble nounced that he would not be other faculty offices, Hinder using a seating chart or its In explaining his ultimate decision, Binder said that the alternative to law, namely purely objective and empirical scholarship, always has to be justified in normative terms. Because he's primarily interested in studying the justification for and the political and moral evaluation of derisions, he found that law, as an "inherently normative field," was the most apmuch dreaded companion, the pealing discipline for him Socratic method In explaining it's According to Binder. his decision. Binder described not uniformly acknowledged this infamous approach as that this [liiwj is a p;>htn ,il "needless coercion" In addi- discipline, but everything we tion. Binder stated that he do in the legal profession has prefers to be called by his hrst either implicit or explicit name because "that s what continued on page 5 Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No 708 Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken fe*l Volume 22 Number 2 State University of New York at Buffalo School of Law Tuesday, September 21, 1982 FSRB Imposes Punishment for Collaboration Editor's Note: The Faculty- Student Relations Board (FSRB) has asked Opinion to publish the following report in its entirety. The names have been deleted by FSRB to protect the parties involved. This decision illustrates the procedures employed by FSRB when it responds to allegations of student misconduct. We thank FSRB for making the results of the hearing process available, for a body empowered to render decisions and to recommend sanctions which could possibly forestall students' future admission to the bar must be subject to some degree of public scrutiny. dent B assert, as a preliminary matthat the Law School failed to properly comply with two of its ter, own regulations relating to notification of students concerning collaboration limitations on take-home examinatins. As a result, it is argued, even if the Board concludes that clear and convincing evidence of collaboration exists, no sanction may be imposed. 2. Counsel's argument is first based on an undated memorandum to Faculty, Staff and Students from V. Leary and C. Wallin concerning Examination Procedures and Policies. In pertinent part, the memorandum provides: Faculty who give take-home final examinations should provide complete instructions in writing to the Registrar detailing the rules prescribed for the examination, To: Dean Thomas E. Headrick e.g., datefs] for therelease of the examinations, specifications, if any, from: The Faculty Student Rela- regarding collaboration on extions Board: Janet Lindgren, aminations, etc. Chairperson, Nils Olsen, Andrew Spanogle, John Mains, lulie While the Leary-Wallin memorandum is not dated, and no evidence Rosenblum and John Stegmayer. given concerning its date of was 1981 On November 13, applicability, the Board assumes Professor forwarded to the of this proceeding Faculty Student Relations Board for purposes that it was in force at the time of suspect(ed) he to be what Professor contracts examinaunauthorized collaboration on the tion. 1981 final Fall 3. The written instructions subOn November examination. by Professor mitted to the 23,1981, in response to the Board's Registrar provided: request, Professor detailed some of the key similarities "that This is an 8 hour take-home exanimated my fears that cheating amination. The examination conoccurred." Both students, through of 2 questions on 10 pages. their lawyers, waived hearing sists You must answer both questions. within the thirty days required by You may use anything you wish in FSRB "Procedures for Resolving preparation of your answers. Each Academic Dishonesty Matters." question will determine 50 percent The hearing was held on Friday, of your final grade. February 5,1982 and continued on If you handwrite your exam, please Monday, February 8, 1982. write your answers on every other Law School Procedures line of the bluebooks. Typed answers should be double spaced. 1. Counsel for student A and stu- The examination must be returned to the Admissions and Records Office no later than 5:00 p m. on Wednesday. 4. Counsel submits that, since tions. This memorandum informed students of the Law School's tion of the Opinion detailing the examination procedures policy on academic honesty and described above and a statement examinations. The memorandum ot the Law Schools Standards tor emphasizd three things: Academic Dishonesty Cases The standards provided in pertinent Examinations will no longer part that "(t)he instructor has the be proctored;' obligation to make clear to All students must execute an students the rules and conditions acknowledgement regarding the under which course work will be evaluated, preferably in writing." policy on academic honesty; Only the individual student's The examples of plagiarism in the own work may be used on either Standards included "unauthorized regular written examinations or collaboration with another student take-home examinations unless in preparing an examination the instructor expressly states answer new the written examination instructions provided to the Registrar by Professor did not specify that collaboration was forbidden, student A and student B my not be disciplined, even if collaboration is found to have occurred. 5. The Board finds no merit to this argument: (a) The purpose of the regulation in question is to insure that inforotherwise. 7 It is uncontested that this mation from a faculty member giving a take-home examination is It also contained an article memorandum was not distributed continued on page 13 provided to the Registrar's Office published in the April 24, 1980cdiso that personnel in that office will be able to properly administer the examination and to answer questions concerning the examination. (b) The memorandum's requirement that the Registrar be providby Mary Ellen Berger ed written instructions which detail "specifications, if any. regaracademic year. Chambers acding collaboration on examinaStudent activism is alive and cepted, but on the condition tions" (emphasis added) only rewell on the campus of Harvard that Jack Creenberg be quire that explicit instructions to Law School, where two student brought in to assist him. be given if some form of colgroups, the Black Law Creenberg, described by laboration was to be allowed. If, as Students Association (BLSA) some press as perhaps "the 's case, the inin Professor and the Third World Coalition, most experienced civil rights on collaborastructions are silent are engaged in a highly lawyer now practicing in the tion, no collaboration is permitted. This interpretation is in accord publicized boycott of a course U.5.," has been a member of on race discrimination and the NAACP Legal Defense with the understandings of normative conduct not only of the civil rights law which is slated Fund for the past 33 years, 22 law school community in general, to be taught by a white pro- of which he served as LDF's but also of student A and student fessor this winter. director-counsel. He was one B in particular. (See Paragraphs The controversy erupted of the team of attorneys which 9(a) (2), (3) post). earlier this summer when the successfully argued Brown v. (c) Accordingly, Professor black professor who taught Board of Education before the 's written instructions were Harvard Law's only course em- U.S. Supreme Court in 1954. refully consistent with the quirements of the Leary-Wallin phasizing racial/minority Yet the political atmosphere issues left the faculty. Accor- surrounding the administration memorandum. 6. Counsel's argument is next ding to Dean James Vorenberg, of the NAACP LDF has changbased on a memorandum dated the school approached Julius ed considerably during the December 4, 1981 from Virginia Chambers, a black attorney past 28 years, and Creenberg who is president of the NAACP has become a focus of a curLeary, Associate Dean, to all students, concerning Policy on Legal Defense Fund, to teach rent suit initiated by the Academic Honesty and Examinathe course during the 1982-83 NAACP to have its initials — — — Harvard LawCoalition Boycotting Course continued on page 5 �Vol. 22, No. 2 Tuesday, September 21,1982 Editor-in-Chief Earl R. Pfeffer Managing Editor Barbra Kavanaugh News Editor: Ray St dwell Feature Editor: Mary Ellen Berger Photo Editors: Gary Games, Business Manager: Frank Bolz Glenn Frank Contributors: Wendy Anne Cohen, Al Foster, Lisa Kandel, Clare A Piro, Joe Ruh, John Stegmayer, Jud Weiksnar Sports: © Copyright 1982, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design. University Press at Buffalo Today marks the completion of the annual two-day elecU/B Law School. A popularly held view of these elections, judging from the past lack of student participation in them, is that they are meaningless and that the most significant impact of the contests will be their effect upon the resumes of the victorious candidates. People who share this view will express themselves by not voting. An insightful mind will recognize that elections are never inherently meaningless, but are rendered so by apathy and little, if any, involvement on the part of the potential electors. Moreover, even if an election itself is "meaningless," insofar as it might fail to represent a mandate, its results most certainly never are. Approximately $35,000 in student activity fees are generated each year at our Law School. The people you elect carry a heavy load of responsibility and wield a highly visible degree of power in the disposition of those funds. "Meaningless" elections thus somehow yield highly meaningful results. Therefore, a law student's failure to vote is an irresponsible act. And voting without regard to the principles and program ideas of the specific candidates is equally irresponsible. Several of the candidates have made their views known to you through statements in this issue of the Opinion. Others have hopefully made their positions known through other channels. We offer space in the newspaper to every candidate because we believe that there should be some matters of substance at issue in this and any other election—and we wanted the student body to think about them. While we choose not to endorse any candidates, we remain skeptical about individuals who have made no effort to convey more than personality and style in their candidacy. Pastel posters are a welcome addition to O'Brian's often dreary halls, but from adults who are vying for positions which demand informed planning and decisionmaking, we expect intelligent and honest expositions of the philosophies and goals which will inform their actions should they be elected. The candidates, almost without exception, have committed themselves to planning "socials" and "mixers." Although there is definitely an important place on the law school calendar for such events, what suprises us is the overall lack of creative and timely proposals for activities which will enhance our professional development, our intellectual growth, and our community spirit. On this final day of elections, we urge you to vote, but more than that, we ask you to examine the candidates closely by reading their statements and, if possible, by questioning them directly on matters which concern you. But don't stop at that. After these elections, the new executive board will be assembling the committees which form the lifeblood of our community. Sign up for these committees and thereby lend your talents and energies to meaningful actitity. When we are practicing attorneys, by virtue of our special training and society's respect for our knowledge we will be thrust into positions of power and influence. As students we must develop senses of responsibility and cultivate the special concerns which our future profession will demand of us. mt tions at . 2 Opinion September 21,1982 . Wosi a C&st °f ||f 5/W/ cttit-k by Hundreds! tuffm Model tk. Commencement Plans Underway Opinion asked both Dean Headrick and the Commencement Committee to advise the student body on the present of graduation plans. status Letter to the Student Body: Law School ID cards will be printed in approximately two weeks. Aside from discounts at area restaurants and bars, the cards will entitle holders to weeks for anyone interested in helping with the activities. Anyone who hasn't already expressed an interest in the survey conducted last Spring, please leave a note in Mailbox 678. Signs will also be posted with a time and place. two to me until coming here that it would take place off-campus. After all, commencement is a celebration of university ac- complishment. It is understandable that while the new campus was under construction that temporary arrangements might be Commencement Committee necessary, but it hardly seems right or sensible that the solution to a temporary problem To the Editor: permanent should become a one. Over the past few years, the We have on this campus purchase discount movie Law School has held its comtickets for shows at all General mencement at Art Park, some convenient spots for holding an out of doors comCinema theaters and to receive Kleinhans and the Statler. The discounts on admission price Statler is clearly too small to mencement; Founders Plaza, just behind O'Brian Hall, is a for the commencement acbe comfortable. Art Park procandidate; and we now tivities. prime vides a nice ambience, but it is All law students are ennot always available when we have the Alumni Arena couraged to buy the cards. The as an alternative site need it. Kleinhans is comfor- availableevent cards help to pay for the parin the of inhospitable table, but dreary. ties throughout the year, and only fitting, weather. It is Before coming to Buffalo I to raise money for the graduahad studied or worked at five therefore, that in 1983 we tion weekend activities. bring the CommenceAt each of these should The cards will be on sale in universities. institutions, commencement ment back home. front of the library. Volunteers are needed to man the table. If was held on campus, usually Thomas E. Headrick out of doors. It never occurred you have any time to spare, please contact Dan Spirrazza, mailbox number 556. The first party of the year—the "Two Million Days" party—will be held on Oc- Correspondence tober 14,1982, at Bullfeathers Lodge. The regular admission To the Editor: price is not yet set, but holders of ID cards will be given a I'm writing you this brief let$2.00 discount on the admister in hope of some help of sion price. your assistance. As you can tell Plans are in the making for from the above address I am another "So Many Days" party incarcerated. to be held sometime in late I have been incarcerated for February or early March. six (6) years this coming Contrary to what was an- September 3rd. Since being innounced last Spring, the date carcerated, I have lost all famiof graduation will not be May ly ties. This is the reason I'm 29,1983. Since the date changwriting to you in hope that you ed, we weren't able to reserve would be so kind as to place Kleinhans for the actual date. my name, no. and address in We now have options on Art- your weekly newspaper so that park (the second choice from perhaps I could start trying to the vote) for both Saturday develop some true and night,. May 21, and Sunday all, sincere, friendshipsabove with May 22, 1983. some of your students. To There will be a general com- mencement committee meeting held in approximately maintain my complete sanity as well as better myself and once again, become aware as Wanted what's going on in the outside world! As I have said, I have lost all family ties so I welcome all who would like to write. So please print my name in your weekly paper. It would be highly appreciated! Thank you for acknowledgement of this brief letter. to Sylvester Barceem Dukes No. 77-A-2222 Box 149 Attica, New York 14011 EDITOR'S NOTE: Opinion welcomes letters on any subject, expressing any viewpoint. All letters will be printed in their entirety. Please submit them in the envelope outside Room 724. �COMMENTARY Legal Profession Full Of Corruption And Deceit Richard Harris has written extensively on law and lawyers in America, most recently in the latest issue of The Nation. His just-published suspense novel, "Honor Bound," is about a lawyer who is driven by the law to seek vengeance outside it. The above article originally ap- peared in Newsday. by Richard Harris At the recent mid-year convention of the American Bar Association, held in San Francisco, 12,000 lawyers (imagine, 12,000 of them in one place!) wrangled for days over a proposed revision of the ABA's so- called "code of ethics." Many laymen may be surprised that lawyers have a code of ethics, but they do—one designed for 19th Century law practice, when most lawyers worked on their own or in small firms, when legal fees were modest and when honesty was more in fashion. "There are too many lawyers generally and too little business, " one of them said at the convention, "and that is part of the problem that generates litigation and clogs the courts." Indeed it is. Twenty years ago there were about 200,000 lawyers in this country. Today there are more than 500,000. The increase can be laid directly to the proportionately far greater income in legal fees over the same period. It should be a buyers' market, but it isn't, because lawyers create legal conflict —and business—where none need exist, while other lawyers, as legislators, write bewildering and unnecessary laws and regulations that require still more lawyers. Although many idealistic young people enter law schools' every year, few idealistic young people emerge from them, and still fewer retain their ideals after a year or two of practicing law. The field is overcrowded, everyone is hustling, the system hasn't much room for dreamers and big money lures the greedy and the larcenous in heart. Still another part of the problem is that most lawyers are because the lawyer told ethics not only permits a him or her to (legally known as lawyer to sit by while a client suborning perjury). According commits perjury but obliges to the best estimates I've been the lawyer to help if the client able to come up with after so wishes. This view, the ABA many talks with lawyers who angrily retorted, was "universpend most of their time in sally repudiated by ethical courtrooms, at least half of all lawyers." Then a survey of lawyers and all clients lie lawyers in the District of Col"materially" in sworn court umbia revealed that 90 per papers or under oath on the cent of them would treat stand. clients who lie on the stand as Rarely —very rarely —is if they were telling the truth. anything done about it, even That puts the number of thought perjury and suborna- ethical lawyers, by ABA stantion of perjury are pretty dards, at 10 per cent of the proserious crimes: In New York fession—a notch or two above State, perjury is punishable by admen and politicians. simply incompetent—as many as eight or nine out of every 10 in practice. They are what up to seven years in prison; former Chief Judge David subornation of perjury is Bazelon of the U.S. Court of punishable by up to four years Appeals for the Washington, in prison, plus disbarment. Of DC., circuit, the second course, the only way to stop all highest court in the land, has this lying is by enforcing the called "walking violations of laws. But that would mean the Sixth Amendment" right to lawyers would have to procounsel. Since they cannot secute lawyers and a lot of achieve their ends by skill and lawyers would go to the slambrains, they use chicanery and mer. That wouldn't look good at all—even if it would save deceit. Today, more and more our legal system. lawyers rely on delaying tacThen there are lawyers who tics, obfuscation, irrelevancy know their clients are lying but and nuisance suits (or legal do nothing to stop them. At the blackmail) to intimidate and latest ABA convention, one destroy their opponents. These lawyer who was appalled by tactics have become so these practices and by the prevalent that recently a few association's failure to prohibit lawyers have brought suits them, picketed the procharging abuse of the judicial ceedings. "The lawyer who process against lawyers who knowingly represents a lying play with the law this way. But client," he said, "is a thief trysuch cases are difficult to pro- ing to share the proceeds." Exve and recoveries are rare and cept for the victims of lawyers' modest. So the abuses flourish. abuse, it is the lawyers of real Above all, though, many in- integrity, like this man, who competent and unscrupulous suffer most from their collawyers (usually the same peo- leagues' viciousness, for their ple) base most of their practice names are sullied simply by on lying. The lawyer lies (that their being lawyers. is, commits perjury), and the A few years ago the dean of client lies (commits perjury, Hofstra Law School publicly charged that the ABA's code of Financial Aid Update SUSTA Renewed & Upped of income to be eligi- the Spring semester SUSTA ble for an award is $5666, with award is set at $600. As in the past, no applicaDespite the gloomy predic- the full $300 award going to tions of the past Spring students with incomes below tion for SUSTA is necessary. semester, the financial aid pic- $1000. TAP applications are SUSTA is automatically awardture remains surprisingly available in my office and may ed by the Office of Student Acstable, and in some ways has be submitted up until March counts (not Albany) to students who received the full $300 per actually improved over last 31, 1983 for this school year. semester TAP award. Also, year. In the interest of keeping SUSTA and TAP do not come you updated on the financial SUSTA Award Is Increased The single brightest spot in to the student in the form of aid scene, I've prepared the following summary of the ma- the financial aid picture is the checks', but rather are bills jor programs and significant temporary increase in the per reflected in their tuition reduction tuifrom a the total in semester SUSTA award as have occurred which changes To ensure that charges. a tion $600 $900. to As result of the over the last few months. recent compromise between you receive SUSTA, you must SUNY and the Governor's Divi- first have a valid TAP award Tap Remains Constant Assistance Prosion of the Budget, the SUSTA for $300 per semester, and you Tuition The gram (TAP) for law students re- funds for this year have been must ensure that the Office of mains unchanged from last released. And to everyone's Student Accounts has the botyear. Students who are depen- surprise, the amount of SUSTA tom section of your award dent on their parents, or who allocated to the Law School notice on file. You will see the and SUSTA are married or have a tax has been increased from effect of TAP Guaranteed Stuyour $300,000. to over either on $240,000 may themselves dependent statement, or receive a TAP award if the Because of the increase, the dent Loan refund combined family income for Office of Student Accounts on your first Tuition Bill, 1981 was $20,000 or less. As and the Law School have sometime in October. The net effect of the SUSTA before, the minimum award is decided that an award of $900 who can be made to all eligible increase is that a person $300 $50 per semester, and the maxa award of Fall '82 receives TAP for the per students $300 imum award is fact semester. The maximum award semester. Subject to fund per semester ofwill in $1262 $1200 receive his/her Spring the availability, is for students in the above as a grant. Not a bad categories whose combined semester award may also be in- tuition on return the couple hundred along a creased, or but decision family income is $2000 less. wrote last semester. For single, independent those lines will not be made letters you Tentatively, until December. students, the maximum by Joe Ruh amount fidential relationship between lawyers and clients. Compared to that, it seems, the sanctity of human life is disposable. At the most recent ABA convention—after God knows how many such murders in which the lawyers were accessories too), Another resolution fared make personal legal fees, like business legal fees, tax deductible. The delegates approved the resolu- better, a proposal to that tion overwhelmingly. The general lack of concern among lawyers about profesed a "system" at all; it is little sional ethics is scarcely surprismore than anarchic flummery. ing when one stops to consider Still, the ABA and its that the basic premise on associated bar associations by which the practice of law rests the score around the country is itself unethical. When fledglrefuse to defuse the bomb. It's ing lawyers take their oaths on bound to go off because admission to the bar, they lawyers are, far and away, ac- swear to represent every cording to all polls, the most client's interests to the best of despised professional class in their ability. With this vow, America. Jethro K. Lieberman, they fling all other ethics out in his book "Crisis at the Bar," the window, along with most gives the reason: "The public of what they were taught from contempt for lawyers stems childhood about decency and from their adherence to an fairness and justice. Now they unethical code of ethics." must fight to win, right or At the ABA convention two wrong and whatever the costs years ago, a proposal was put to the innocent or to society. forward to require lawyers to With this vow, they can repreinform law-enforcement sent a rapist or a murderer, a authorities if they knew that a vicious landlord or a rapacious client planned to commit a corporation, a malevolent murder. "A storm of protest" spouse or repressive governensued, reported The New ment—they can fight for York Times, and the resolution wrong from dawn to dusk was howled down—on the ab- every day—and they can still surd pretext that it would sleep at night. After all, they violate the sanctity of the con- are only doing their duty. No legal before the fact—the whistle- blowing proposal on prospective murderers was introduced again. It was defeated resoundingly. system tolerates or condones or encourages this lying can be call- ' Emergency Vouchers For Books Cancelled by Clare A. Piro Do you think you have to quit law school because your student loan check has not come in yet? Happily, the answer is "no". Is there any legal way you can get money to buy your books? Happily, the answer is "yes". Before you do anything drastic, you should go see Joe Ruh. He is able to fill in the book gap through a modification of the emergency loan program, enabling you to receive up to $100 to purchase bo6ks. Law students had formerly been able to get books through the bookstore by a voucher system. For the past two years, there was an agreement between Dean Headrick and the bookstore by which law students who had not received their Guaranteed Student Loan checks could receive up to $200 in book vouchers, provided they agreed to repay the bookstore immediately upon receiving their checks. All of the vouchers were guaranteed by the dean. This program was especially helpful to "late admits" who could not possibly have had their loans processed by September. Unfortunately, last year there were forty to fifty students who had not paid by the end of the school year, which was due in a large part to their counting on their National Direct Student Loan Checks (some of which did not come in last year until June and July). They were unable to pay the bookstore immediately when their GSL checks came in as they had promised, because by then they had built up other debts (among them rent and food). As it stands now, all but eleven students have paid their vouchers, but there is $1,500 owing to the bookstore (The bookstore has not yet asked the dean for the money.) According to Ruh, the dean was incensed when he discovered the $1,500 debt after the summer recess and was especially upset that students had violated the honor system. He has decided to wait and see what happens with the remaining eleven student credits (Joe Ruh believes that all but two will pay by October 1) before he makes any decision about final reinstituting the voucher system. Short of bringing an action against them, there is no way the school can coerce the students to pay. Because the continued on page 14 continued on page 12 September 21,1962 Opinion 3 �Student Hit The Road J.D. Summer Ellen by Mary Berger Work In Distant Lands Some law students spent the summer after their first year with their noses buried in digests and citators or summer school text books. Others needed three months to simply recover from the prior year's ordeal. A few veterans, however, caught their breaths and decided to venture abroad in search of new realms of ex- perience. On May 23, barely one week after his last final exam, Rob Turkewitz joined two U/B graduate geology students on a cross-country trip; final destination: the Brooks Mountain Range in Alaska. Their trek by van took them across the Midwest, through Gary In- diana, "the armpit of America," according to Rob, into U.S. state and Canadian provincial parks, and finally to Fairbanks, Alaska. Turkewitz embarked on this without a definite job offer in his pocket. Earlier during the spring semester he had written to 30 Alaskan firms listed in Martindale & Hubbell, but received only non-committal responses. Nevertheless, he arrived in Fairbanks determined to pursue his interest in environmental and energy law, despite the fact that en route he learned of a delay in construction of the Alaskan gas pipe line, an economic development which was sure to adversely affect the legal job market in the unique adventure Students Settle Into Their Homes by Wendy Anne Cohen Starting law school is a nerve-racking experience in itself, but for many first year students difficulties in understanding torts, property, and Schlegel were compounded by the challenge of finding housing in a tight market. The biggest problem first year students had in finding a place to live, according to Housing Committee Chairperson Kevin Trippi, was that they couldn't afford to come down during the spring semester to look around. Another problem was the limited hours the offcampus housing office was open this summer. "We sent a memo out in the summer, giving students the hours that the Off-campus Housing Office was supposed to be open, but the university kept playing games with the office hours," Kevin said, which left first year students who were strangers in the area without "any idea of what was going on." In addition, housing files in the Offcampus Office were not updated because "most people orientation was that "a lot ot people signed up for the dorms, but went off-campus when they found they were assigned freshman roommates." First year student's complaints seem to focus most state. around the effectiveness of After setting up interviews Off-campus Housing Office. at four Fairbanks law firms "Off-campus Housing was where he left his resume for useless, I had to go to a real further consideration, Rob inestate agent and pay a fee," quired at the State Coursaid one first year student who thouse, where he was informed preferred not to give her name. by the District Attorney's ofShe added, "It's not the fice that jobs were only office's fault they are available for third-year understaffed, but it is poorly students who could be cerrun. At SUNY Binghamton tified to make courtroom apthey're much more helpful." pearances. He then approachFirst year student Lisa ed the presiding judge of the Buongione added, "I just don't Superior Court, the state's think the housing office highest trial court and aphelped. They just told me pellate court, where he was good told the same thing. Un'there's nothing here luck.' I found a place, but no daunted, Rob decided to apthanks to them." proach law firms directly and Freshman law student Glenn trust to luck. Rodney also suggested that the "It's simply a matter of behousing office be open more ing in the right place at the — hours, particularly on weekends. He added that "oncampus housing should be more available, and graduate students shouldn't be put in room as the same undergraduate freshmen." He summed up "to be involved in looking for housing during orientation and the start of classes is a real bad experience." Another student suggested that the Off-campus Housing Office compile a list of bad landlords. "I have a wonderful house, but the worst landlord in Buffalo," said Sharon Kivowitz, who came up in July to find a place near the Main Street campus. Several students pointed out that first year students Who" had signed up to live in the university residence halls were didn't have the courtesy" to remove their homes and apartments from the lists after they had found a housemate or a roommate. On a more positive note, Kevin also said that the survey his committee sent to upperclass students, asking them if they needed roommates and would be willing to share housing with first year students was successful, and turned up a good portfolio of available housing. He added that the stream of letters he found in his mailbox before and during orientation had trickeled down to one or two once classes started. And he pointed out that one reason people were being assigned undergraduate still looking for housing during continued on page 5 4 Opinion September 21,1982 right time," declares Turkewitz. When he walked into the firm of Cowper and Madson, they reviewed his writing sample, resume, and a brochure on U/B Law School which had been provided to Rob by Alan Carrel, and hired Rob on the spot. Because Cowper and Madson is a small firm two partners and one associate and because both partners were — — often out of town on business Cowper is Democratic candidate for Governor of Alaska Rob was afforded the opportunity to hande much of the firm's work in criminal law. He was responsible for inter&ewipt.,clients, writing briefs ana motions, and teaching himself enough Alaskan law to fill in any gaps between firstyear curriculum and what was necessary to successfully func- — — and barristers attend law tion as a summer associate. school, which is on a level in traveltime, Rob his spare In system ed to choice fishing spots, flew the English educational to undergraduatin comparable to Arctic the plane cargo by Circle where he visited an In- t U.S., a test administered upon dian village, and did "free- graduation from law school lance" work for two other determines whether an incriminal attorneys in Fair- dividual will continue legal banks. He found Alaskans to studies and be certifie deiher a be the "most freedom loving solicitor or a barrister. All barristers in Great Britain people in the world" and relished the "ease of living" employ law clerks who funcwhich Alaska offers. Rob also tion as administrative discovered that he was assistants: they screen the barenergized by the 24 hours-per- rister's cases, acknowledge day of bright sunlight which receipt of all relevant documents from the solicitor, Alaska enjoys during its summer season. The prospect of and even negotiate the barBuffalo's weather did not deter rister's fee. While not a lawyer, him from returning state-side, a clerk receives as compensaalthough he still dreams of tion a percentage of the barrister's fee. returning to Alaska someday. O'Garra's responsibilities at Second-year student Kathy O'Garra hopes to practice law Alexander Johnson were in the in Antigua, West Indies, in the areas of matrimonial, personal future. Because this island in injury, and property law. After the eastern Caribbean was one assisting the solicitor, she a British colony, its legal would accompany clients to system is still based on Great court, attend pre-trial conBritain's. For these reasons, ferences with the client and the barrister, and observe the Kathy decided during last spring semester that a clinical inbarrister arguing before the ternship in England would probench, then report back to the ve invaluable to her career. solicitor on all aspects of the On June 12, Kathy flew to case. At one point during the London under the auspices of six-week stay, Kathy was inSyracuse University's summer vited by a barrister to intern at abroad program to join 38 chambers for a few days, other students (including Jack where she sat in on several inLane and Andy Hilton of U/B teresting cases. Law) chosen to participate in On weekends and during her clinical programs. Before spare time, Kathy took excurdeparting, Kathy had been in- sions to Oxford and Camterviewed by Syracuse and bridge, visited Stratford-onplaced with the firm of Alex- Avon, toured Windsor Castle, ander Johnson, a three-office and attended the theatre. London firm, which is compris- Throughout her stay in London ed of 3 solicitors. she resided near Hyde Park in According to O'Garra, her South Kensington, a drastic first task on the job was to contrast to London's East End understand the structure of where her firm was located. British legal practice. A client Before flying, back to the U.S., wishing to bring suit in a British she jaunted to Paris for a few court must first approach a days as well. solicitor, who conducts all pre"It was an unforgettable trial discovery and filing of cultural and intellectual ex motions. Once a trial date is perince that I recommend to set, the solicitor must contact alt U/B students," exclaims a barrister to try the case in Kathy. court. Although both solicitors New Waves Buffalo Band And Schuper House Fold by Jud Weiksnar Remember last year when you used to check out the Courier Express Weekend section to see if Pauline and the Perils were playing at the Schuper House? Well, you'd better start looking elsewhere for entertainment. While the fate of the Courier is still in doubt, it appears that in the space of two months, Buffalo has lost at least two of her most venerable institutions—Pauline and the Perils and the Schuper House. The Schuper House, a century-old former speakeasy on Niagara Street, went under in mid-August due to financial difficulties. Though not as swank as the Marriott or as trendy as the Continental, the Schuper House was a popular hangout for many law students. It was a laid back, neighborhood bar could hear everything in the way of entertainment from poetry readings and chamber music to bluegrass and New Wave. One of the regular acts at Schuper House was the dancerock band, Pauline and the Perils. A favorite of many law students, the group spHt up after a farewell concert Jury 29th,, The Perils continue to play around town with a new drummer and sans Pauline, who will probably surface soon with a new band. As she put it, "I know what I want, but I don't know where to find it." unassuming, where one �Law Students Get Settled In New Homes continued from page 4 roommates, particularly freshmen. "I wouldn't go near the dorms," said Mark Katz, who noted that two law students in his section had both been assigned roommates and given a hard time when they asked to move in with hours." He said that even if freshmen were assigned to study halls because they were the only housing available, rather than from choice, they would still have to comply with the quiet hour regulations. He continued that while there are inevitably some problems involved when undergraduates and graduate students are assigned to the same halls, "it depends on the maturity level of the students. Neither graduate nor undergraduate students have a rnpnopolv! on, maturity.',',,He added that there are problems with noise even on floors com- each other. Jeff Kadushin added that "I was originally going to live on campus, until I found out I had been assigned to a four person room with three freshmen roommates. For a university this large, graduate housing is, bad" Associate Housing Director Gary Soehner explained that while the university does not have buildings set aside solely for graduate students, certain residence halls are termed study halls, and all students in them must subscribe to "quiet students. Mr. Soehner concluded, "some question has been raised whether we should be housing graduate students at all, with freshmen demand so continued from page 1 on a paper that deals with con- political premises." In describing his own political orientation, Binder placed himself "roughly on the left." He declined to be more specific because he said that all of his work represents his political values. Although Guyora admits that his one published article has been-in the criminal law field, he is also interested in comparative and consitutional law. He's especially interested in the European philosophical tradition which has entered the curriculum of American law schools in the form of critical legal studies. According to Binder, this movement "examines existing bodies of legal theory in search of doctrinal contradictions which serve as a general critique of the legitimacy of the legal system/ Because ÜB. is known as "one of the proverbial hotbeds of critical legal thinking," Binder was anxious to teach here. Guyora is currently working posed entirely of graduate stitutional law and public policy. The "noteworthy feature" of this paper, according to Binder, is that it proposes as educational voucher system in which the value of the vouchers varies with the race and socioeconomic background of the students participating. This system represents a form of affirmative action which would result in greater cash disbursements to those schools having a higher percentage of minority students. The paper evaluates this proposal in terms of the constitutional issues which are raised. ■< Guyora has found life tn Buffalo very different from what he's used to. For one thing, he never had a driver's license before this summer. Now, he finds he needs to drive virtual- ly everywhere. He hopes to find a jazz club in the area, but right now he spends his free time "driving from Dairy Queens to bowling alleys to K-Mart." Course Boycott continued from page 1 At Harvard, Muhammed Kenyatta, a 37-year old second-year law student and president of the school's chapter of BLSA, called for organized resistance to Greenberg's appointment to teach the anti-discrimination law course. BLSA issued a statement which called the choice of Creenberg "especially inappropriate" in light of his "adamant refusal to relinquish directorship of the NAACP Legal Defense Fund to a black attorney." The Third World Coalition released a declaration that "it is extremely important that (the course) be taught by an instructor who can identify and empathize with the social, cultural, economic and political experiences of the Third World community." These organizations' challenges extend beyond criticism of the law school's failure to have more than two blades' on its full-time faculty of 60. The issue appears to be the ability of a white professor to effectively teach a course on civil rights. While Harvard Law School's administration is taking no official stance regar- ding the boycott, Dean Vorenberg has been quoted as saying that "it works against, not tor, shared goals ot racial and social justice." The law school's newspaper, the Record, reports that general student reaction to the boycott is that it is a "ridiculous" way to express dissatisfaction with Harvard's hiring practices and concern that it may adversely affect future faculty hiring patterns. On September 10, BLSA voted to continue its boycott of Greenberg's class. Nonetheless, the course is still scheduled to be taughtby both Creenberg and Chambers during an intensive three-week January mini-term and a high enrollment, absent minority students, is anticipated by the administration. high. Theoretically, graduate undergraduates are rowdy." students might be better able She continued that while it out 1to handle finding off-campus bothered her at first to findwere housing than undergraduates." that undergraduates Students who have settled assigned to her residence hall, into the dorms are adjusting. "a lot of law students are upset Marc Garber commented that about it. Most of us assumed "it's not bad except when we would be together." But, undergraduates want to play she concluded that "I like it. their electric guitars at 8:00 in I've never lived in a dorm the morning." And he noted before." that groups of law students livOrientation Committee Coing together can also "share Chairperson Jill Paperno sugtheir depression." Deborah gests that people who haven't Williams added "it's very con- found housing near the Main venient, even if the Street Campus check the hous- — ing office, and put up signs around the law school mailroom. She also suggested that students might want to live further down Main Street, and take a bus to the campus. The law school Housing Committee is already thinking ahead to next year's first year class. "Next year, we're going to get the housing memo out earlier, and compile a how-tolook-for-housing-hand book," said Kevin Trippi. However, he concluded, "There's only so much we can do" On Target Again ! BRC students had no cause for concern on 3 of the six essay questions on the July 1982 New York Bar Exam, because Joe Marino, Sr., a virtual legend in New York bar review (with over 35 years of experience) thoroughly analyzed the issues that appeared on those questions during the bar review lectures. BRC's amazing ability to "predict" many bar exam issues is only one of the critical differences that give our students a competitive edge on the exam. Ask a BRC representative for others. For more information see the following campus representatives. Scott Nadel Joe Mcßride Keith Bond Al Mokhibar Rick Juda Mary Idzior Diane Martin Al Solan Kenna Brown Ed Robinson Pat Higgins Andrea Sanders (Ms.) Sidney Hodges Joe Saffioti Sandy Blitz Mary Salhus Mike Rosenbaum Gibson Marc Fuhrman Tim Sheehan Bruce Schonberg John \\ i /_/ •-"•Hiliiii__i BiIHHUhi- Manno-josephson/BRC Note: BRC Ethics Course and Materials are given for NO ADDITIONAL COST OR DEPOSIT. Compare for yourself. September 21,1982 Opinion 5 �LAW STUDENTS Statement of Opinion Policy and Principles The Opinion is the student run newspaper of the State University at Buffalo Law School. Holidays, exams and finances permitting, the Opinion will be distributed every second Tuesday throughout the school year. Applications for Student Activity Fee Waivers Fall '82 Editorial decisions are made by the Opinion Staff, who are those persons who have had three or more articles or graphics published by the Opinion during the course of the school year. These elections are held towards the end of the spring semester. Available 9/27 -10/4 The Opinion welcomes copy from all those who care to submit it. Deadline for printed material is Monday noon, the week prior to publication. All articles should be typed, double spaced. Room 101; O'Brian Hall (SBA Office) Return by 12:00 noon 10/4 Rape Awareness Week Sept. 20-24, 1982 Sponsored by Erie County Citizen's Committee on Rape and Sexual Assault The Volunteer Supportive Advocate Program and SUNY at Buffalo Faculty of Law and Jurisprudence Mock Rape Trial Friday Sept. 24th 7:00 p.m. Moot Court O'Brian Hall Participants: Herald Price Fahringer, Jr. Albert Ranni Richard Arcara —W __r Sports Editor Glenn Frank This is our sports editor. Trouble is, he's a little bit choosy when it comes to teams. He'll only watch the Sabres when they're playing the Rangers, and he'll only go to Rich when the Raiders are in town. That's why we need your help. If you swear by the Sabres or brag about the Bills, write about them for us. Because he won't. Or, help him write about any of the other sports in Buffalo or at U/B. He can't do it all by himself. Contact Clenn Frank, Sports Editor, by calling 833-1504 or putting a message in Box number 655. 6 Opinion September 21,1982 �Opinion asked each candidate to submit statements in support of his or her candidacy We also made space available for those wanting their picture in the paper. Not all of those running tor office chose to avail themselves of this service. We have therefore printed a complete list of candidates below. President: Jill Paperno Rob Terkewitz Keith Martin Ist Yr. Director. Robert Sant Andy Viets Terri Foster Susan Kozinn Richard Murphy David Cass Vice President: Ron Osson Chris Fink 2nd Yr. Director: X Brian Collins Andrew Hilton Frank Cecere Clare Piro Bob Reden Kathleen O'Hara Bruce Schonberg Len Gulino Daniel Pease Hollie Levine Richard Gottlieb Liz Garcia Secretary: Anne Carberry 3rd Yr. Director: Julia Carver John Stegmayer Jeff Ei sen berg Treasurer: Mark Fuhrman Greg Phillips Scott Nadel FSRB: John Stegmayer John Hams Mary Gehl David Allen Cass First Year Director Rather than elaborating my acpast about complishments which make me "qualified" to be a member of SBA, I have decided to tell you about me as a person, and why I want to be elected. For starters, I am a poet. "How I Loved Her" In the delestical spheres of the universe we are but minute, ephemeral beings. As such, how can we dare to dissect and define our last week, exemplifies my romantic, emotional inclinations, as well as my yearning to day understanding of the complexities of contemporary society. An example of this is my views concerning fiscal policy. In this respect I am extremely conservative. I do not believe, in wasting money. If elected to SBA, I will try to make certain that our money is not spent frivolously. I am running for SBA because as an undergraduate I was not involved in the elected government, and regretted it. I do not want to mere epithet — When it is not our existence, have those same regrets again. to a but our Naturally, I need your votes complexities that make us to get elected; however, even if you do not vote for me, it is human imperative that you do vote. in the first place. Thank-you for taking the The constellations of each of time to read this. contradistinctive yet so congruous are vague and uncertain. To control and manipulate, not only our actions, but our thoughts and feelings as well, is our goal. We are cautious, afraid to acknowledge such enigmas as love. But where is ecstasy without pain? Pain is at least a reality. Love, if found, serendipitous. When I touched you deep inside, : Something beautiful ensued. Yet, I feel tbe sadness, along with the ecstasy Knowing the encounter, like life, is brief. After all, aren't I only human? This poem, which I wrote Jeff Shein Rich Wiebe pects. Most importantly, timely advisement will enlighten us concerning activities at the for "the truth". My deep law school. If we start out conthoughts can definitely be fused, chances are that many categorized as idealistic. aspects of our legal education However, I do not let my will never be clarified. Adviseidealism interfere with my day ment should begin when we existence.. .reducing our lives student us, so Carmelo Batista, Jr. Liz Garcia First Year Director As first year law students, we are often confused, frustrated and overworked. One reason for this may be a lack of perspective concerning the law school experience as a whole. If we were assigned faculty advisors, to guide us •through our first year and offer suggestions for our second and third years, we would surely gain valuable insights which would lessen the burden of uncertainty and free us to deal more successfully with the rigors of the legal education itself. First-year counseling should include a discussion on the selection of seminars which would provide us with maximum potential in the job market. We should have some indication of which courses are mandatory after the first year and keep current on job pros- confusion over summer employment appears to be an area that needs some rectification. The SBA is an important decision-making body Its officers and directors head committees that decide how your money will be spent and even begin. I am a graduate of Herbert what courses you will take in H. Lehman College (C.U.N.V.), the future. To be interested in where I was a student senator this role is to show concern for and executive board member your own future endeavors. I of the student government. believe I can make the SBA While working as a Registered work to your advantage. Nurse, I was the delegate for the nurses'bargaining unit. The Susan Kozinn leadership and organizational First Year Director skills I gained through past inHello. My name is Susan volvement in student and community activities will serve me Kozinn and I am a first year well as a first year director in law student here at ÜB. Yes, the Student Bar Association. we are in this together! Among other things, I'm sure you have Richard E. Gottlieb noticed the vast diversity of students in our first year class. First Year Director I think that can only work for Let's face it: there is little our benefit as we learn from chance that, as first year each other and share our students, we can really unders- varied experiences. We need to tand the workings of this bring our class sections school; I know I don't. Equally together to have an active probable in this scenario is voice in school policy and that no more than a few of the extra-curricular activities. A candidates have ever even met strong first year board of direcyou. So, based on this, how and tors in the SBA is necessary to make sure that we get the most why do you vote? That part is actually simple. out of the time (and money) we The six people you elect will, will be spending here at UB in all likelihood, be dedicated Academically and socially, an and responsible to their posi- active SBA will assure us that tions; their interest in running there is life outside of the is one indicator of that dedica- classroom! tion. Your decision rests upon I think the SBA should be the more difficult task of spending our money for our indeciding which of us is best terests and benefit My parwithout knowing any of us on a ticipation in student governmore than superficial level. ment and various academic My background includes committees has proven to me positions in students govern- that a class representative ment, dormitory activities, and must remain open and recepalso within my undergraduate tive to the needs and requests fraternity. This experience has of the student body. As a first given me an understanding for year SBA director, I will want the need to organize activities to hear your views and work beyond the rigors of school. with your suggestions. I know I First year students, especially, have the interest, time, and need to meet and socialize energy to help the SBA work with each other. Academically, for us. Thank you. — Holly S. Levine First Year Director The role of the Student Bar Association and of its officers and representatives is to equitably disburse our mandatory student activity fee among the various student organiztions and to present student concerns to administration and faculty. These two duties are as simple as they may seem. The student body of the Law school is diverse. It is important that SBA ensures that funding is distributed fairly among the variety of student groups and that when it sponsors events such as films or social gatherings, that these events are attractive to all sectors of the student body. The SBA should also serve to present concerns to faculty and administration. One way in which this can be done is by presenting ideas for new programs. Why not tap the urgent need of the Buffalo community for legal services in the area of landlord/tenant law? A clinic in this field would provide not only a needed service to the community, but also a valuable experience for those interested in legal services employment. As an undergraduate member of SUNY-Albany s Feminist Alliance and of SASU's Women's Caucus Conference, I had many dealings with the Student Association. I am well aware of how important it is that student governments remain responsive to the entire student body, not just to specialized constituencies. If elected Ist Year Director, I will make more than a "good faith effort" to remain responsive to the interests of all the members of my class. Richard Murphy First Year Director September 21, 1982 Opinion 7 �Turkewitz Paperno Martin the curriculum so that a student's selection of classes will not be an exercise in futility. I will also pursue a suitable area for child care. In addition to these goals, I hope to make the constantly We graduates. SBA's activities more familiar ourselves, what do we wish to the SBA that help us all to the student body, so that It is achieve here at Buffalo Law. have an enjoyable time at Buf- students will be better informFor one thing, we want to havefalo Law while getting the best ed and SBA will be more acan enjoyable experience while cessible. education possible. getting the best education am a second year student. I possible to help guide us into Last year, I was actively involvour future careers. We slowly ed in SBA. With my experience Keith Martin for President slip through our first year and and enthusiasm, I feel that I into our second, before we can provide the SBA with The Student Bar Association the know it, we are faced with the leadership must remain a visible and us that will enable prospect of leaving our sterile all to achieve our goals. responsive portion of our law environment where we learned school community. In order to of how things ought to be, and do so, the leaders of the are faced with a competitive association must not only and unpredictable world — recognize the extent of their the way things really are. I feel obligations to their fellow very fortunate to be at Buffalo Jill Paperno for President students, but they must also Law because it possesses three work together to ensure that name My is Jill Paperno and very positive features that obligations are met in a these maygive us all a better I'm running for the position of responsible, representative awareness of what we can President of the Student Bar manner. achieve; first is a very flexible Association. As one of the I believe there are two major faculty, sensitive to the three summer orientation coobligations which the Student students' needs; second, is a chairs, I have become familiar Bar Association has towards dynamic and ambitious stu- with many student interests each and every one of us. First, dent body; and third, a highly and law school organizations. I it must promote the students' have been rated law school which has involved with been recently reorganized into Distinguished Visitors Forum, the SUNY system, and is still National Lawyers Guild and establishing new policies. All Women Law Students Associaof these factors add up to suc- tion. Anne Carberry for Secretary cess. that would enable students to get the experience, so essential in the job market. It is the SBA that can strengthen the bonds of our alumni association that to work for ask would allow it students as well as Rob Turkewtiz for President '' interests throughout the legal, non-legal and university communities. This is largely an administrative role in which the association acts as a sounding tivities and services which bring the students together and promote a sense of community among us. We're here to study the law, and work hard, but board for the concerns and we're also here to enjoy. I problems we face as tuition- recognize this and hope to inpaying members of the New itiate the type of activities York State University system, which the students believe are and as future members of an enjoyable and worthwhile. important and widely SBA under my leadership will respected profession. Before be responsive to all of the we step out into that profes- students. sional world we need to receive a solid education. SBA I have been active in many must actively participate in organizations. As an undergrad policy decisions which may af- at Albany State I served on fect the quality of that educa- several housing quadrangle tion. After we gain our degrees, committees. I chaired one we hope that our diligence as such committee, the Special students and the reputation of Events Committee, which our law school will carry each usually managed dorm parties. of 'us to our respective goals. Here in Buffalo I recently The SBA must promote this helped out in the Orientation law school's reputation in such program. As SBA President, I will meet a way that it is commensurate with the quality of students it the requirements which I have turns out. For this, visibility set forth. I will always repreand integrity in SBA leadership sent the law students in a responsible manner, and hope are essential. to make everyone's law school Second, the Student Bar experience as enjoyable as Association must provide ac- possible. Opinion Election Supplement My interest in school policy We need to establish a new awareness among ourselves. and student involvement has This awareness is called self- also been demonstrated by my help and it entails setting attendance at meetings about policies that will mutually the Legal Methods program benefit every one of us in the and interviews with candidates years to come. Presently, for for faculty positions. Last all of us here, law school is an spring I was selected by the integral part of our lives and SBA first year directors to we will all rely on it to help us become a first year director. In the past year I have seen in the future. Anything we do now to improve our school the SBA fulfill a number of will, needless to say, enhance functions. It has maintained our potential for success. We student involvement in the need to establish policies that SBA Committees and studentwill allow us to work together faculty committees. It has in building the law school's reputation and help increase our quality of education. In addition, we need to inform the public and potential employers about our school's effective method of preparing its students. Finally, and most importantly, we need to increase our school spirit and sense of loyalty to our law school. In achieving these goals we need to open our horizons and escape the SUNY system state of mind where bureaucracy controls. In working together for our school, we are working for the success of our futures. We must act together, and I feel that, the SBA is the proper forum in formulating such policies. It is the SBA that can help initiate programs and fund existing ones 8 Opinion responded to university and state crises relating to all students, such as funding cuts and the closing of Squire Hall. It has facilitated law school sports competition. And it has thrown parties. It is important that the SBA continue in these roles. The SBA has become best known for its social role. As we all know, parties are an important break from the law school grind. It is equally important however, that the Student Bar Association assess and actively further the academic and career interests of law students. As an SBA candidate I have received many suggestions for future SBA activities. As president I will work for changes in September 21, 1982 My name is Anne Carberry. I am a second year student and am running for Secretary of the Student Bar Association. I am a 1981 graduate of SUNY at Albany, a former New York State Assembly intern, and am currently serving as a Director of the Buffalo Public Interest Law Program and an Officer of the International Law Society. As a candidate for SBA of- fice, I have several ideas about what an active SBA could accomplish. The social climate of the law school must be improved. A more cohesive social life for students will make their years at UB Law more enjoyable and will additionally establish a network of friends and contacts which will be useful in the students' careers. The SBA could foster this type of atmosphere by sponsoring law school hours at the new gymnasium, organizing a "cultural calendar" for Buffalo which would highlight various upcoming concerts, nightclub shows, plays, etc., and establishing law school happy hours at local pubs. Although I'll be the first to admit that the names on my petition weren't alphabetized, my organizational skills are just about as strong as my desire to serve. Carberry Stegmayer �Fuhrrnan Ronald Ossan Vice President Phillips Fink fice of Vice President because Marc Fuhrman for Treasurer I feel I have the experience, motivation, and knowledge of Hi, my name is Marc My name is Ronald Ossan how a student government can Fuhrman, and I am running for and I'm running for Vice- best reflect the abilities, and the position of Treasurer of the President of the Student Bar fulfill the needs, of a school Student Bar Assocition. Association (SBA). My past ex- such as ours. As an undergraduate with a perience in student activities As an undergraduate I degree in Accounting my ambiat the law school includes: first served on the Executive Board tions were focused in the year SBA director, member of of our University Senate and as diverse directions of tax law the Special Program Admis- a member of the residence and tennis. However, as the sions Committee, and group staff for three years. In law years passed, without an inleader at this year's orienta- school I've served on the ad- vitation to Wimbleton or tion. My experiences in these missions committee. I hope to Forest Hills, I began to realize activities have given me great be able to make my experience that I should follow my insight and knowledge about and motivation work for the father's advice. So I cut my the inner workings of the Law Student Bar Association. hair and tossed aside my School. The Student Bar sneakers, and entered an inAssociation should be ternship program through my accountable to the entire student body and your participation in the voting process will guarantee that accountability. Gregory T. Phillips for I urge you to vote for the can- Treasurer didate of your choice and Batista, )r. I am Greg Phillips and I am Carmelo make the SBA work for you. Year Director Third Because of my background I running for SBA Treasurer believe that I am the most because I believe that my work As a candidate for third year qualified candidate running on the Finance Committee last director, I bring to the SBA for the position of Vice- year gives me the experience views which are multiPresident. I am asking for your needed to be a fair, effective dimensional in scope. Views Treasurer. vote. encompass the maThe SBA Constitution gives that would minority factions in and jority the Treasurer primary respon- the law school. Christopher Fink sibility for the fiscal affairs of Vice President Having gained a significant the entire SBA, and of each of amount of "organizational" A good student government the 19 student clubs and comas President of experience needs to address three areas of mittees. In over-seeing a HANALSA, and also being a concern. First is enjoyment. It $32,000 budget, the Treasurer member of the Special Admisshould try to pake the law is empowered to audit the ac- sions Committee, I have learnschool experience as much fun counts of every student ed a great deal as to how the as possible. Next, student organization, and publish monSBA operates. Thus, this will government should provide thly treasury statements detailenable me to adequately education for the students. ing how your Student Activity represent the diversified inThrough activities students Fee is spent. terests of the third year class in should learn those things that any given committees in which The Treasurer also chairs the books alone cannot teach. I profess my interest, such as: Lastly, a student government Finance Committee, the stu- Finance Committee, Special should promote the school and dent committee which Admissions Committee, Mitultimately apportions funds the students it represents. chell Lecture, etc. I think the greatest resource among student organizations, that the Buffalo School of Law after holding hearings in the has is its students. As a spring. As an active member of last Jeff Eisenberg member of last year's FacultyStudent Admissions Commit- year's Finance Committee, I Third Year Director tee I had the privilege of really worked closely with the preMy name is Jeff Eisenberg getting to know what kind of sent SBA Treasurer in an effort students this school is compris- to divide a fixed sum of money and I am running for the posifairly among the many deserv- tion of Third Year Director. ed of. The students here are not ing groups. This experience Last year I was a Second Year only very intelligent, but also gives me the knowledge of the Director and helped plan the very well rounded. A strong aims and goals of the various activities for the year. I would student government, I feel, student groups necessary to like to work on the SBA to could bring these tremendous enable me to distribute fun- establish some continuity on resources together for the ding based on merit and need, the Board. I would appreciate and to try to prevent any in- your support. benefit of all. educational, crease in the amount of your Through recreational, and social pro- Activity Fee. gramming I think the potential Every law student conof the Buffalo School of Law tributes to the SBA treasury can be realized. Further, through outreach and therefore deserves a and student-faculty relations I Treasurer willing to devote feel that the student govern- enough time to do the job right, with the experience to ment can be influential in makaccomplish the job fairly. I ask the outside ing it known to how talented the students here you to help me by voting for Greg Phillips for SBA are. I decided to run for the of- Treasurer. college. I served as an assistant accountant for New York one of my primary goals will be to establish an association City's Division of Financial of students in the various proManagement during my fessional studies at ÜB. What I sophomore year, and as a would like to see arise from bookkeeper for New York City's Police Recreation Resort during my junior year. From these jobs I gained the skills which are necessary, in part, to serve your interests best. I said "in part" because it is also necessary for me to come to the board, with not only the skills of an accountant, but with the drive and ideas to work for the best interests of the student body. As a member of the board. this association in addition to and dances, are an inter-disciplinary intramural league, and an organized student body who will represent the interests of all the graduate students. Hopefully, through parties this last function of the association we can raise a louder voice when the government tries to cut our loans or faculty. I would be delighted to serve you as Treasurer of the SBA this year. Thank you. Opinion Election Supplement Batista Eisenberg Vote Today Until 5 Statements and Photos of Ist and 2nd Year Director Candidates Appear on Page 10 ■ September 21,1982 Opinion 9 �As a first year director I will work towards providing many athletic, social, and academic events for the first year Law School class. As president of my college dormitory I helped organize all of the dorm's events and I feel this experience will help me in organizing this year's activities. naments in softball, football, basketball, and volleyball could be set up for those who want to participate. These tournaments could involve in- dividual student teams and section teams. Socially, I would work for as many events as possible to help people from the different sections meets each other. A picnic for our class could be held during the warm weather, and during the winter we could have happy hours at different local bars, mixers and a formal. Academically, I think several lectures on topics that would help first year students should be arranged. Among these could be a lecture by the placement office on summer job opportunities. Also a lecture by some upper classmen Schonberg Viets justices. If "justice is truth in action" as Benjamin Disraeli A riders board should be set would have it, then our truth is up so that people without cars even less pure and simple than can find people in their sec- we would like to believe. It is tions who live near them and in a sorry state of existence can give them a lift to school. that we occupy this part of the Before our breaks a riders universe. So little has been board should be set up to help learned. So little is understood. Whether wisdom comes by sufpeople find rides home. I believe my ideas will help fering is rather questionable. make our first year of Law One wonders what has School easier and more en- changed since Shakespeare on how to prepare for finals would be helpful. Election Supplement had Marc Antony utter "O joyable. Andy H. Viets First Year Director Oscar Wilde once wrote that "truth is never pure, and rarely simple." In light of these words, perhaps it should be said that the central purpose behind this is to place something with the appearance of significance on a resume. Nevertheless, one can hope. No matter. In this time it is found thatfew tears are shed over even the greatest of in- judgement, thou art tied to brutish beasts. And men have lost their reason!" For most, everyday has become the Ides of March. Yet if Petronius Arbiter is right, "the mind longs for wht it has missed." It would be far from right to lay ourselves down. Though there may be minute basis for heightening belief, it is to some hardly a matter of choice. It is not only for Hamlet to question "Whether 'tis nobler in the mind to suffer the slings and arrows of outrageous fortune, Or to take arms against a sea of troubles, And by opposing end them?" The mission, or what is left of it, is not yet complete. Rob Sant First Year Director I understand that I'm allowed 250 words to cover my opi- nion, but my platform rests on short speeches, so I don't think I'll be needing that much space. Like all first year students, I'm a rookie. I'm new here and I know very little about Law School at this point, but I'm willing to learn. I'm running because I want to get involved and I think Law School can be a good time, (see Law School Can Be Fun, by Rob Sant, $14.95). Though I take my studies very seriously, partying and sports are definite requirements for success in Law Levine Murpny School. Bruce Schonberg Second Year Director Kozann Hi, my name is Bruce Schonberg and I am running for 2nd Year Director. We 11... somehow we all sur- Gottlieb vived the trials and tribulations of first year. Now it's time for all of us to get involved, and try to make some changes in our Law School and Society in general. I hope my experience in College Student Government can afford me the opportunity to help make these changes. I was Cass Garcia Candidates Not Photographed Vice President: Ron Osson Faculty-Student Relations Board: John Hams Mary Cehl 10 Opinion September 21,1982 3rd yr. Director: Julia Carver Scott Nadel Jeff Shein Rich Wiebe 2nd yr. Director: Bob Reden Kathleen O'Hara Len Gulino Daniel Pease K. Brian Collins' Andrew Hilton Frank Cecere Clare Piro elected to two terms on the Student Senate, a term on the Supreme Court and served on the school's budget committee and Finance Board. It appears that the SBA needs a little push to become an organization committed to the ideals of a progressive law "community". If elected, I will work towards achieving such goals. Thank you for your I have your sup- time... hope port I �Loophole© by fial malchow j The Annual Opinion j Recruitment Party and | Open House I | will be held from 3:30 - 5 today, in the Fourth Floor Lounge. ' i i A keg of beer (domestic) will be tapped, and wine and cheese will be set out. All those harboring journalistic predilections should attend. We can't _^ publish without your help. September 21, 1982 Opinion 11 �SUSTA Lives... RAPE TRIAL continued from page 3 Unfortunately, there remains in the system the gross inequity which prohibits distribution of SUSTA on a pro rata basis to students who receive less than the full $300 TAP award. This legislative requirement has been attacked by the law school annually, but to datewithout success. As further developments occur, I will keep you posted. NDSL Loans/Work Study Funding Decreased Since 1981, the National Direct Student Loan Program has received no federal funding. As a result, all loan disbursements are contingent on the availability of money received through loan repayments from students who have already graduated. The net effect is that students who are receiving an NDSL check this semester or in the Spring can expect the check to be anywhere from one to four or five months late. Unfortunately, there is no apparent order to the sequence of check disbursements so a student cannot find out where he or she stands on the list. However, in an effort to reduce the impact of the late NDSL checks, the Office of Student Accounts has developed a procedure whereby the NDSL check is credited to the student's account before the Guaranteed Student Loan check is processed. The result is that the amount of the student's refund from the Guaranteed Student Loan check is increased by the amount of his or her NDSL check even before the NDSL check arrives. To take advantage of this procedure, students should go to the Office of Student Accounts (HAVES A, Main Street Campus) and ask for the Power for Attorney whereby the NDSL check is signed over to Student Accounts. This should be done before the student drops his Guaranteed Loan Check off for processing, to ensure the records are updated accurately. Students who are not receiving a Guaranteed Student Loan or elect not to use the above procedure will receive notification that their NDSL loan checks are in by a postcard from the Office of Student Accounts, beginning in mid October. Many first semester NDSL checks are likely not to arrive until January, so students should plan on lengthy delays. Work Study funding is completely disbursed for the Fall and Spring semesters, so no late applications are being accepted. As a special note to all students who received an loan as NDSL an undergraduate, you should be aware that you must prove you are still in school or you will be declared to be in default of your NDSL loan. A number of students have had their Guaranteed Student Loan application rejected by Albany because an NDSL loan was in default. Therefore, be sure you obtain an NDSL deferment form from your undergraduate school and submit it to the law school admissions and records office for completion. This should be done every year you are in school, since the school only verifies your enrollment on an annual basis. i Guaranteed Student Loans Remain Widely Available The law school student's favorite piece of financial aid, the $5000 Guaranteed Student Loan (also known as the "bank loan" or NYHEAC loan) remains almost as accessible as in past years. Two changes have occurred. First, if a student's family income is over $30,000, the student's loan is contingent on a Needs Analysis. Simply stated, the Analysis process says that some amount of the family income can go to the student, and the student can borrow the Harold Price Fahringer and Albert Ranni, Assistant District Attorney, will be the principal participants in a Mock Rape Trial, Friday, September 24, at the SUNY/Buffalo Law School. The event is scheduled for 7 p.m. in the Moot Court Room, O'Brian Hall, on the Amherst Campus. The Mock Trial is the culminating event of Rape Awareness Week in Erie County, September 20-24. The purpose of Rape Awareness Week is to recognize and honor the many volunteers who have assisted rape and sexual assault victims, and at the The checks should be taken to same time, to refocus public the Office of Student Ac- attention on the magnitude of counts and deposited in the the problem. special GSL Drop Box after being endorsed by the student. Refunds are being processed in about two weeks. BUFFALO, N.Y. The inauguration of Dr. Steven B. *** Sample as the 12th president of the State University of New mine their loan eligibility. The second change requires that the amount of the Guaranteed Student Loan be reduced if the student is receiving other financial aid(G.l. Bill, tuition waivers, NDSL, TAP, SUSTA, etc.) which would total more than that student's allotted student budget. Thus many students receiving TAP, SUSTA and a $2500 NDSL loan have had their Guaranteed Student Loans reduced to about $3500. ._As in the past, when the student receives the loan check from the bank, it will be made out to SUNY and the student. Inauguration - Students who would like furbetween his ther information are encouragfamily's contribution and his ed to drop by the law school total cost of going to school, financial aid office in Room which is about $7000 for a 314 O'Brian. Office hours are single student not living at posted on the door, and home. Thus many students messages slipped underneath with family incomes over the door are normally $30,000 are still eligible for answered the same day. difference almost the entire $5000, especially if there are brothers or sisters in college also. Students who have not applied for the loan because of the needs test should see me for a more itemized breakdown of the family contribution to deter- York at Buffalo will be held at 3:00 p.m. Sunday, October 10 in the Alumni Arena on the University's North (Amherst) Campus. An Inaugural Procession will precede the ceremony. More than 450 University officials, faculty and staff, as well as delegates from other academic and professional institutions, learned societies and invited guests will march in academic robes from the Slee Chamber Hall to the Arena. The procession will begin at 2:50 p.m. Professional Responsibility Exam (MPRE) Test Date is Friday, November 12 All Juniors and Seniors may take BAR/RlR's MPRE Review Course (including books, lectures and testing) for NO ADDITIONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. For information, see one of these BAR/BRI representatives: Rick Roberts Carol Guck Jan Davidoff Carmelo Batista Irene Hirata 12 Opinion September 21, 1982 Sara Hunt Chris Renfroe Susan Gray-Donadio Ann Demopoulos Leander Hardaway Joe Ruh Kirn Crites Judy Holender Molly Zimmermann Tom Grinter Steve Sheinfeld Mark Reisman Julia Carver Ron Osson Karen Russ Jill Paperno Jon Solomon �Board Releases Decision continued from page 1 to student A or student B prior to— the date of Professor -'s examination, that neither student was required to execute an acknowledgement regarding the policy on academic honesty before taking the examination, and that neither student was enrolled in the Law School on April 24, 1980, when the Opinion article peared. 8. Counsel contends that the failure to provide student A and student B with actual written notice of the Standards for Academic Dishonesty Cases bars the Law School from imposing any discipline on them, even if collaboration is found to have occurred. 9. The Board makes the followv7_ „ ing finding of fact: . orally inform(a) Professor ed his class during a regular class period that collaboration was not permissible on the contracts examination when he stated that "they could use anything that did not breathe" in completing the examination.Both student A and studentB were present during this announcement though neither has any present recollection of it. A witness for student A and student B only stated that she could not remember such a statement being made. This was quickly followed by her statement that she was scared to death and did not remember details of Professor 's statements and that "it sounds like something he would say." (b) Student A and student B both knew at the time they took the contracts examination that collaboration during the examinatin would be dishonest. Counsel for the students stipulated to this fact during the hearing. ' which has been provided the inmate" 52 N.Y.2d atBoo. (Emphasis contained in the original.) This specific statutory limitation was relied on by the Court for its conclusion that knowledge of the proscribed nature of the charged activity alone would not permit discipline if the rules had not been provided the inmate. Counsel has not called our attention to any similar statutoryilimitation imposed upon the Law School's disciplinary functions, and our careful consideration of the New York Education Law and pertinent regulations has failed to reveal any. Further, the law school is involved in the process of entry into the practice of law, not only by granting degrees to its graduates, but also by certifying their good character to bar association character committees. Thus, there can be no complete comparison of law student discipline to prison discipline or even to thatofeducational institutions in general, because of the high standards required of the profession. "A lawyer shall not Engage in conduct involving dishonesty, fraud, deceit or misrepresentation." Disc. Rule 1-102(A) (4) "From a profession charged with these responsibilities there must be exacted those qualities of truth speaking, of a high sense of honor, of granite discretion that have through centuries been compendiously described as 'moral character. Schware v. Bd. of Examiners, 353 U.S. 232, 247 (1957) (Frankfurter, J. .. .. concurring) 11. In light of the actual notice concerning the bar to collaboration orally by given Professor to student A and student B, the lack of any claim of reliance by student A or student B of issues (Examples A-F in Pro- fessor's memorandum, and also analysis represented by similar language, such as Example 4) and the similar choice of cited cases. These similarities of analysis are especially convincing where the analysis is incorrect, irrelevant or based upon a prior identical incorrect assumption or analysis. 16. It is undisputed that student A and student B both took the examination at student A's apartment. The collaboration we find to haveoccurred does not seem to us to be of the type in which two students write an entire examination side by side, making joint statements on each point; it does seem to be of the type in which there was a discussion by the student at the beginning of the examination period to determine jointly the relevant issues, arguments and cases. The students may then have written the actual answers independently from that joint analysis, using the issues and arguments developed jointly. This pattern of behavior would be consistent with the testimony of a witness who said that student A and student B did not speak to each other "after she woke up early at 10:00 or 11:00." Such behavior would be consistent with those parts of the examination papers where both students try to discuss the same issue, and one student understands the issue, but the other does not. Such behavior would also be consistent with the appearance of theclearer parallels in the easier second question, where there was less opportunity for differing factual interpretations to produce somewhat different discussions of similarly chosen issues. 17. While the examinations have numerous differences in organization and degree of understanding, the overall similarity is striking. In Question 11, both examination papers march through the same issues in almost the same order. The parallel discussions include in both those cited Professor 's memorandum (Example 4: Is receipt of a check consideration? Example D: The relationship between durress and un- on any mistaken belief .that collaboration on the contracts ex(c) Student A and student B also aminatin was permissible, the knew at the time they took the absence of any rule conditioning discipline on provision of a written contracts examination that collaboration during this examination copy of rules, and in light of the would contravene Law School Law School's responsibility to cerRules. This is stipulated by student tify the good character of its A's counsel in his memorandum: graduates, the Board concludes that the Law School is not barred "it is uncontroverted that both from imposing penalities for conscionability. Example E: Return students inferred that collaboraunauthorized collaboration in this of down payment. Example F: Intion would be in violation of Law junctive relief) and those irtdicated case. We conclude School rules. "understood that by Professor's marginal notation thatboth students (the list of issues on page 3 of Collaboration the purpose of the contracts ex49585 and page 7 of 49586 and the amination wjs to evaluate their insimilar analysis of the undue inregulations University regar12. ding Academic Dishonesty, fluence issue) as well as use of the adopted by the Faculty Senate in same cases {Arthur Murray and 1971, provide that no formal deci- Frosti-Fresh) 18. The general similarity in sion of guilt is to be made except on clear and convincing evidence. choice of issues is most notable in remedies proposed in Question 13. Professor 's memorandum the(Professor's Examples E & F). II parallel many uses of suggests paper proposes Each the identical language and analysis in the two potential remedies, in the same examination papers, but it in- six rough order. It is difficult to dicates on its face that it is not a believe that any two students similarities complete list of all the working completely independentbetween them. the same list of 14 The Faculty Student Rela- ly, would produce issues or remedies. Nor are the in inmay engage Board 11 mm tions wmiww explained by use of a comdependent analysis of the facts dividual ability on the subject, and outline, especially in relation in the record before it. mon evidence that there were law school rules to the common approach to The purpose ot the Board is to remedies, for the outline does not against any academic dishonesty employ its own expertise in which would interfere with that resolving disputes. Therefore, the include some remedies advocated, evaluation. suggesting possible Board is not limited to the as well as remedies not chosen. by presented arguments 10. Counsel relies on the New 19. Similarity of treatment is especially when Professor York Court of Appeals decision in those arguments are stated to be reinforced as evidence of colCollins v. N.Y.S. Board of Parole, exempletive. The Board can laboration when the analysis is in52 N.Y.2d 798 (1980) in support of a develop its own issues from its correct, irrelevant or based upon his argument that failure to proassumpincorrect identical prior own analysis. vide the written standards prior to 15. We unanimously find clear tion or analysis. In Question 11. contracts examination convincing evidence of col- both examination papers raise as felludes punishment for col and between student A and an issue the question of whether ■JHtftn The case is inapposite laboration B, based upon the record receipt of a check which is not student BBfe New York Correction Law before us. We are not convinced later cashed can constitute regulating inmate disciplines by the mere use of similar consideration (Professor's Example' specifically provides that "(n)o inProfessor language (Examples 1-5 in Pro- 4). This issue, as noted in mate shall be disciplined except fessor's memorandum, but we are —'s memorandum, arises "after a a for a violation of a published or convinced by the similar analysis similar method of analysis at posted rule or regulation, a copy of . "... the Law School is not barred from imposing penalties for unathorized collaboration../^ , . similar point in both answers." The ty returned to Margaret is assumed similarity cannot arise from use of and used to raise the unjust enrichthe same outline, for the question ment problem. Then the suggesdoes not appear in the outline tion of a temporary injunction is used by the students. Further, this analysis can be reached only by a series of incorrect analyses, a series so unusual and incorrect as to constitute a unique reasoning pattern one which is not supported by the students' common outline. Question II basically involves problems of contract performance or excuse, not problems of contract formation. Both students, however, treat it initially as primarily a problem of contract formation because they do not regard the signed sale contract (page 9 of the examination), which was an executory contract at least as to Karl, as involving consideration. Yet their outline specifically states that a promise for a return promise is consideration. It is only making these identical errors that they can even begin to look for alternative forms of consideration or substitutes for consideration When they do begin to look for alternatives, out of all the possibilities presented by a complex fact pattern, they both select receipt of the then uncashed check as the only possible alternative. Then they both raise, but — added to "prevent.. Karl from selling the land until these issues are resolved." While an injunction makes sense to facilitate return of the property to Margaret, that is not really the subject of the paragraph which suggests the injunction Other of the arguments in the students' memoranda illustrate this phenomenon where both students mention the same issue and one paper seems to understand the issue raised while the other does not. Use of material well by one collaborator and less well by the other would fit a pattern of behavior in which both students discussed issues at the beginning of the examination period and then wrote their actual answers using issues and answers spotted in the joint discussion 21. The similarities in Question II are more convincing than those in the answers to Question I. We do not find this surprising as Question I is the harder, more complicated question. But even those in Question I are striking (a) Each of the examination papers discusses the same issues in do not discuss this rule which is the same order at the end oi Quesnot mentioned in the course or the tion I. (Professor's Examples A-C) outline Each of these issues discussed by both students at the end of QuesIf such a unique series of decition I is unique to this set of two sions concerning what to discuss examination answers (Professor's had been correct, it would seem memorandum, pages 3-4, Expossible without collaboration amples A-C) However, a pathway involving so (b) In Example A, as Professor many unusual incorrect twists and points out, it is clear that one stuturns is unlikely to be found by dent understands what he is trying chance by two individuals working to do and the other student does independently, especially when not. The same may be true in Exthe joint outline does not point ample C. toward any of the turns taken. (c) Each of the examination papers cites the same tour cases, 20 In Question 11. on each of and no others, in Question I: Sherthe parallel discussions one exwood v Walker. Hadley v. B_\enamination paper uses the dale, Rockingham County v. Luten material much less well than the Bridge Co., and Hoiiman v. Red other It is not always the same ex- Owl. The students' common amination paper which is weak outline of contracts runs 23 pages But in each instance the weaker and cites dozens of cases A stuanswer seems of unsure of the dent writing an examination point to be made that it seems suralways has the choice to cite a prising that it appears at all Procase or simply discuss issue s Example F, the injuncfessor without citation Independent tion point, is an especially good ilselection ot the same tour cases, lustration In 4958b the relevant and only those four, does not seem paragraph begins by listing various credible when one multiplies the remedies, including the possible number ot cases available by the voiding of the sale on the basis of choice on any issues to cite a case unconscionabiity, and later in the or to discuss the issue without citaparagraph, because of Arthur's intion capacity The suggestion of a temIt is not credible that two exporary injunction follows imamination answers would track so mediately from the second closely without collaboration, reference to voiding the contract even given the close stud\ ing relaand returning the property to tionship of the authors There are Margaret. In that context an intoo many potential issues to junction to stop the sale ot the discuss for this to happen In farm makes sense. However. Exam chance, and the absence ot discus 49585, when it suggests the temsion of important issues in both e\ porary injunction, is only making amination papers strengthens the the point that Karl might be unjustclear conclusion of collaboration ly enriched if he could keep the For example, both examination $1,000 down payment (an argupapers treat contract formation ment that also appears between issues at the same level of anal\ sis the two voiding arguments on the in Question 1, thereby avoiding other exam). That the contract many issues might be held void and the proper continued on page 14 — — September 21,1982 Opinion 13 �FSRB Imposes Punishment for Collaboration iV"t "..-x: 'vm p.lge J.J Penalty Five of the six members of the ISRB recommend a penalty of suspension for one semester in addition to an F tor the course with either a cop\ of this committee s recommendation or a letter from the Dean in each student s tile. The recommendation or letter would be transmited to third parties who seek information from the law school concerning either student We would expect suspension to be for rail semester of the 198.2-83 academic year. unless appeals from the Dean s decision are not completed In the time that semester begins This recommendation is based on our belief -that the minimum penalty under Law School standards [A grade or F and a letter in the filel should not be the norm when academic dishonesty has been found Mitigating circumstances might operate in some cases to reduce the penalty to the minimum, but we do not find mitigating circumstances to be present here A penalty or suspension affirms to the students involved, the academic community, and the community which may use the services or lawyers, that we take these matters seriously It also provides, consistent with practice in other graduate departments, an opportunity for the students involved to consider seriously whether law school is where they want to remain and where they should be It is not our desire, by recommending suspension, to effectively block entry to the practice of law Particularly with students so early in their law school careers, there will be significant opportunity before graduation to evaluate these students' conduct If they choose to return to school and then satisfactorily complete their legal education, it would be appropriate, at their request, for the Dean to then place a letter in their riles evaluating their subsequent conduct in law school. The students involved retain the on Academic Dis- Separate Opinion by Julie on Penalty Only I recommend a semester probation as well as an F contest The three secrets to life can be found between the Law School and Norton Hall. The first person to correctly identify the three secrets and submit them to the Opinion office will win a night at the Buffalo Philharmonic, transportation included. Opinion staff are not eligible to win. Submit all entries in sealed envelopes in Room 724 mail slot by Tuesday, September 28. All guesses will be published and the winner announced in the Opinion. The contest is being sponsored by three secondyear students: Jud Weiksnar, Tom Cassada, and Tim Prosperi. Opinion 14 to case a precious to first \ear law student) and most importantly they experienced severe «, anxiety concerning the ultimate »act«t»fw.r»?*jwwrag<i a gs In their examination answers, iFSKB) two examinations that raised suspicions of collaboration the two students raised similar between the examinees The FSRB i points which in some instances held hearings on February 5, 1982 were based on faulty or inand February 8. 1982 and filed tin- complete analysis or in one indings and a recommendation with stance on an absolutely erroneous me on February .'.', 1982 (Attach-* analysis which their common ment A) I read the entire written outline contradicted It stretches record ot the FSRB action and con- fc credibility toolar to conclude that ducted a hearing on April 10, 1982 the commonalities in the two exof two after inviting the parties to file aminations were the work written submissions challenging or independent minds working The students, supporting the findings of the separately FSRB Subsequent to that hearing I iioreover, might have, but did not, listened to the tapes ot the two offer evidence that such unFSRB hearings conscious parallelism in analysis Three issues are presented First, appeared in other examinations the students claim that the that they took shortly thereafter I absence ot notice with respect to conclude, therefore, that the the rules against collaboration on evidence is sufficient to show examinations deprived them of clearly and convincingly that due process. Normally the some collaboration occurred . Registrar, prior to the end of term supplies each stu- examinations, dent with the rules on academic conclude that the commonalities were the work of independent minds/ mtm*ma&»*MmmMMiommommmmmimmMmM*m*am "It stretches decision and its consequences which severely hampered their ability to adequeatelv devote themselves to their studies. The students'appear to be good men who have succumbed to temptation; a weakness not uncommon in academic environments. They are not mdiv iduals who are constantly ignorgetting into ing rules and trouble". On the contrary, their past is unblemished by any cheating violations, they have strong academic records and were polite throughout the hearing no need to impose a harsh penalty to jolt a sense of morality There is in them. It is highly unlikely they would ever collaborate again so a harsh penalty is not required to deter them from cheating. Further- a penalty of suspension was supported because it affirms to the more, students and community that All potential employers requesting an official transcript receive the letter confirming collaboration which will be an enormous obstacles to their career search The character and fitness review board of the bar receives the letter and considers it in making their decision The penalty might be the minimum required by law school standards, but a close look at the obvious consequences reveals that the sanction is nonetheless extremely harsh. The suspension sanction serves no needed purpose but to add salt to a sore wound. The students are not going unpenalized if no suspension is imposed. The negative consequences already experienced coupled with the ramifications of the minimum penalty is quite sufficient. In tht»case; because the examination was given prior to the normal examination- period, the procedure was not" followed. Testimony is, moreover, in conflict orally as to whether Professor warned students against collaboration. The examination instructions make no explicit references to its prohibition. The FSRB reasoned that silence on the issue implied that no collaboration is permitted and thus that only when some form of collaboration is permissible is the instructor required to specify the conditions That view comports with my own. Where student work is individually evaluated, the permission of collaboration is clearly an exception to the rule. Furthermore, neither student admits to collaborating on the mistaken belief that it was permitted, nor to believing that collaboration was permitted The absence of explicit notice did them no harm. The second and more difficult issue is whether there was clear and convincing evidence of collaboration. The two students took the examination in the same apartment, one in the kitchen, the other in a bedroom. The two examinations show striking similarities in language, in organization, in issues raised and manner of resolution, and in cases cited. The students' explanation is that they constantly studied together, used a common outline, and shared information they alone obtained from throughout class Professor discussions The students also point to some differences in their honesty. — — answers From an analysis of the two examinations and the evidence produced, the FSRB reasoned that the students had a discussion about each of the examination questions before starting to write, but probably did not collaborate thereafter. This conclusion was consistent with a witness' testimony that she saw no contact between the two after 10 or 11 a.m. The examination was available at 9 a.m. The students' testimony, moreover, is vague about their conduct during the period just after they picked upon the examination questions. They cannot recall seeing or talking with each other before receiving the examination, though they received consecutive examination numbers. Such vagueness is sugProfessor— filed with the gestive of a desire to hide some Faculty-Student Relations Board damaging information.. Dean Headrick'. Decision September 21,1982 . ! « ' * * credibility to requirements The transcript is permanently scarred by the F grade disagree with the committee who devoted The minimum penalty required by the law school is an F tor the course accompanied by a letter in the file The sanction has grave consequences The first year contracts course must be taken again to graduate with the proper Unauthorized collaboration on a law school exam is a serious violation and requires some penalty time was preparation (time is propriate. Rosenbium members mense these matters are taken seriously, but the minimum penalty and its consequences does the same The students realize the seriousness of the offense and they should not be used as examples to the community when a lesser penalty is ap- right under the University's rules tor Academic Dishonesty (adopted by the Faculty Senate in 1971 and provided to the students through their lawyers) to appeal this recommendation to the University Wide Committee honesty, in the course with an accompanying letter in their tile. Ml relevant tacts .Tlld circumstances must he considered In determination ot the proper penalty The exam papers and witness testimony confirm the suspicion that collaboration, at most, consisted of a discussion of the examination s • relevent tacts and issues. It is highly unlikeK the students assisted one another in the actual writing.of the exam or engaged in hours ot collaboration The students have already suffered se\ere hardships due to the collaboration allegation Their personal lues were invaded with permissible questioning. costK attees were required, imtorney As to penalty, the third issue, the FSRB recommended the students receive "F" grades, a Jet'ter in their students files reporting on the disciplinary action, and a suspension from school for fall semester, 1982. The assignment of the "F" grade and the report of disciplinary action is the minimum penalty. Under the circumstances, the minimum penalty is appropriate The evidence does not point to extensive collaboration, nor support a finding of egregious behavior. Suspension and postponement of graduation can substantial economic loss. The proceedings themselves served to impress upon the students involved the seriousness with which the law school views such misconduct. Another six months to reflect on the matter scarcely seems necessary. Since the evidence of this disciplinary action will be made available to character and fitness committees of any state bar association to which each student may later apply, the attorneys requested that some review of their records and conduct be made prior to graduation so that the Dean might balance the record before it went before the bar association seems committee. That reasonable, given that all parties hope that this incident will be an isolated one and that the character and fitness committee should not be encouraged to draw general conclusions of bad character from an "isolated incident of misbehavior. Upon the request of the students in the spring semester of their third year, I, or my successor, will provide a letter of good conduct for their respective files, assuming that no further incidents requiring disciplinary action occur. This action will not, however, remove the "F" from the record or the records of this proceeding They are part of history which is not subject to revision. impose a Thomas E. Headrick. Dean May 11, 1982 Emergency Vouchers For Books Cancelled continued from page 3 debt is owed to the bookstore, the Financial Aid Office cannot automatically deduct the money from the loan checks. It does not make any sense to put a stop on the students' registration (as the school does when tuition for a previous year is owed) because the only chance the school now has of getting the money is when the students' new loan checks come in this fall, and the students would not be eligible for the loan if they are not registered. The money that is being given out for books this year is through the money that is set aside for the emergency loan program (funds allocated by the dean and SBA). Those funds normally would not be disbursed until mid- September, and then only to dent and the bookstore. Accordingly, arrangements have been made with the Student Accounts Office to deduct the emergency loan money automatically from the students' loan checks at the same time tuition and other fees are deducted. While some aid is still being given to students for books and other emergency situations, it is a limited amount, and Joe Ruh cautions students against depending on such funds in calculating their budgets for the school year. Not only might the programs not be renewed, but he hopes that students will basically respect the honor system and only ask for loans if they really need them. QuizAnswers students whose loan had been processed for at least sixteen weeks but who had not re- Answers: ceived their checks because of some mistake of the system 1. loe Cribbs, 0.1 Simpson, Terry and through no fault of their Miller. own. This differs from the old 2. Chicago Cubs, San Diego book voucher system because it is for only $100 instead of Padres, St. Louis Cardinals. $200 and is an agreement be3. Vida Blue (1971). tween the student and the law school, not between the stu4. Willie Mays. 5. The Oakland Raiders (1980). �. Hear Stan Chess discuss the dramatic changes in the New York Bar Exam 1 3 Thursday September 23rd at 1:00 p.m. in Room 106 JFREE J § I I 1 pizza, beer and soda $100 Discount in effect until October 12th (freeze the price with a $50 deposit) BAR/BRI The most popular bar review course in every law (j 8 school in New YOrk State. Last summer, the vast majority of Buffalo's M graduates took BAR/BRI. There is a reason why.' Q WW ___t U September 21,1982 Opinion 15 �NFL Might Strike Today by Glenn Frank this writing, unknown. The players in all three cities stated To the nervous glee of foot- that their decision to play ball fans, all 26 teams in the would not necessarily last NFL decided to play their more than one Sunday. Dave opening games on Sept. 12. Brown, the Seahawk's new Getting play started, however, player representative warned, was not without its difficulties. "if the NLRB doesn't come out In Seattle, Baltimore, and Buf- with a favorable ruling, forcing falo games were played only the club to reinstate Mcafter wildcat-strikes were Callum, a wildcat strike is still voted down by the players. Ad- very possible." As for the scheduled league ditionally, the threat of a league-wide strike, scheduled wide strike, as of this writing, to begin between the second the two sides were no closer to and fourth weeks of the settlement than they were on season, loomed as a distinct July 15th, when the last player agreement expired. At the possibility. In Seattle, the wildcat strike latest round of negotiations, vote was taken in response to the players demand for a porthe. waiving of the Seahawks tion of the teams' gross profits NFLPA player representative, was disregarded by the owners, Sam McCallum. The Seahawk who instead offered increased players claimed that Mc- bonuses. The players called Callum, the team's leading the offer an "insult." Basically, the players posireceiver for the past three seasons, was waived because tion as stated by Gene Upof his union activities. The shaw, player representative club's management denied the from the Los Angeles Raiders, charge, arguing that because is that "the players have an inof the acquisition of receiver vestment in their teams Roger Carr from Baltimore, because they put their time, McCallum became expen- labor, and talents into making them successes. That investdable. An almost identical situa- ment should yield some contion existed in Baltimore where trol over the receipts each Herb Orvis, the Colt's player team earns." representative was cut by The owners, conversely, rookie coach Frank Kush. The argue that there is no preceColt players also threatened dent in American law for job action claiming that Orvis allowing employees of a being cut was a union busting business organization an absolute share of the gross protactic. In Buffalo, although a strike fits, and that to endorse such a vote was taken, most of the demand would be simply bad Bills seemed to support Chuck business. Bud Adams, owner of Knox's decision to cut player the Houston Oilers, stated, representative Mike Kadish. "we can't compromise on the After the no strike vote gross profit principal —so I became public, Lou Picone, guess there will be a strike." the newly elected team representative admitted that the competition for Kadish's position had been tough. "We had several good players fighting for Mike's position. The facts just aren't clear enough for a wildcat strike by Glenn Frank right now." Whether, however, these Two weeks ago, Cowles three teams would play their second games was still, as of Media shocked the Buffalo C-E Sports Is Mourned Proyo — IUPG WoRD Processing - Typing Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when Experienced in doing legal work editing drafts Complete Resume Service Repetitive Work at Reduced Prices All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset Personalized form letters, mailing lists Related Services Provided Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available community by announcing union, W Tnc that the Courier Express was publication as of September the 19th. The demise of the Courier would leave Buffalo not simply with one newspaper, but also with only one sports page. While to some, this aspect of the closing may not be a stopping ft V f crucial social issue, the avid sports fan would find that he/she is without a source of information that they had previously depended upon. In recent months, the Courier had expanded its coverage to provide the Buffalo fan with extended and more in-depth coverage of almost every sporting event. eleventh-hour attempt to increase readership included Thjs bi-weekly boxing reports, "sports news briefs," and weekend inserts of additional baseball, football and offseason hockey coverage. These bonuses will now be lost to the community. Perhaps the most disappointing aspect of losing the Courier sports page would be the departure from the Buffalo forefront of Courier staff sports columnist, Erik Brady, and Jim Murray, the syndicated Los Angeles Times sports writer. Brady, at times witty and cuttingly frank, has acquired a of trustworthiness No Comment Dept. reputation in the Buffalo sports community. This reputation opened doors for-Brady and allowed him to provide readers with a good deal of exclusive information surrounding local and national sports figures. Murray, while at times doing too much pontificating on the "grand old days of sports," provided this community with a unique insight into what he perceived as a changing sports world, often revealing startling departures from traditional concepts. While the community reels from this stunning announcement, Buffalo sports fans may find themselves doubly shocked. Not only may there be no weekday morning sports to read, but the quality of sports coverage locally may also be severely impaired. Sports Quiz 1. Name the three Buffalo Bills to dash for over 1000 yards since the merger of the NFL and the AFL? 2. Name the only three National who have not won a division title since the league split into two divisions? League teams 3. Name the last American League switch-hitter to win the MVP award. 4. Who was the only man to lead the National League in triples and stolen bases in the same year? 5. Name the only team in the NFL to win 4 playoff games in one season. answers on page 14 Hit Me With Your Best Shot Several weeks ago, on a Canadian telecast entitled "Sportsworld", a report was aired about a museum in the midwest which, hoping to raise funds, devised an innovative game of chance for public participation. The game described was simple. A computerized timer had been mechanically attached to a small revolver, and had been set so that the gun would fire sometime in the next 100 years. For a small ■ fee, patrons of the museum could the waiver was invalid. Such a waiver, he claimed, would most sit in the line of fire for 30 seconds and challenge fate. The station broadcasting this story edited the segment so that the report centered on a discussion of whether a "waiver" signed by participants and designed to absolve the host museum from liability for injury, was legally valid. The reporter, after interviewing several attorneys, concluded that likely be interpreted as an attempt to absolve the responsible party from criminal liability. This is clearly impossible, he said, since the state, not the victim, enforces the Photography Contest We are revising the Law School Admissions Handbook. We need new photos of the Law School. We are especially interested in candid group shots of people, but outstanding photos of individuals or the building itself will be considered. Rules /. Please submit good quality black and white prints, no smaller than 3"X 3", and no larger than 8x 10". 2. Deadline: Friday. October I, 1982. 3. Submit photos in an envelope, with your name on the envelope but not on the prints, to Marie McLeod, Room 312. Or Typewritten All Work Guaranteed Whether you type or not, Proto-Type can provide you with highest quality work that computer technology can provide. Call Proto-Type - 883-3348 Ask For Randy • criminal law. Nevertheless, he concluded by saying, "unfortunately we will never be sure of the legal implications until the gun goes off." All decisions will be made anonymously* Any photographs that can be identified as a specific person's work will be disqualified. A maximum of 25 photos will be selected. Winning photos will be printed in the revised Handbook with full credit given to the artists. Winning photographers will be reimbursed the costs of I roll of film & developing. Announcement of the finalists will be made in early October. The winners will be announced after the Handbook has gone to press (by October 31). All photos not used for the Handbook will be returned. Submit receipts for film and developing along with photos. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/42ffff4dda9c88c1a2804c5b350a7d32.pdf b49c85a3618b1550a3e6aed948541d97 PDF Text Text Manville Corporation Files Ch. II Bankrupcy by Joanne L. Dittersdorf . "Much of industry in the U.S. has long operated on the assumption that it could endanger the lives of its employees with relative impunity, .that workers are part of the equipment and machinery of production. They can be replaced or transferred, or given workmen's compensation and retired. At that point they, cease to be anyone's responsibility." Paul Brodeur from Expendable Americans Hazardous conditions have named Irving J. Selikof began developing information through extensive research on histories of asbestos workers. This information has lead to a clear linkage between asbestos exposure and the alarming number of cases of lung disease that are afflicting asbestos workers to this day. Of the estimated 9 million American workers exposed to asbestos over the past 40 years, thousands have been diagnosed to have asbestosis. Asbestosis is a scarring of the lungs caused by inhalation of asbestos fibers. It is irreversible, unbeatable, often disabling, and frequently fatal. It is linked to several forms of cancer. Typically, asbestosis and related diseases, do not show up for 20 to 30 years after 16,500 negligence suits pending against it and is expecting at least 32,000 more in the years to come. The law suits are being filed by asbestos workers seeking damages for the lung disease which has af- flicted them. These claiments contend that Manville failed to warn them of the dangers of asbestos and failed to provide adequate protection against the risks to which it knew they were being exposed. On August 26, Manville filed for reorganization under the protection of Chapter 11 of the Federal bankruptcy laws. Under Chapter 11, all litigation against Manville is frozen and the company is allotted time been connected with health problems in the asbestos industry since as early as 1918 when American and Canadian insurance companies were exposure, so it is a problem generally declining to insure whose magnitude will not be asbestos workers. There was, known for decades to come. The Manville Corp. (formerhowever, no concrete medical evidence of such a connection ly Johns-Manville Corp.), the until' the early 1950's when a largest single producer of Mt. Sinai Hospital physician asbestos in the world, has Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 propose a plan through which it will be able to absorb to the estimated 2 billion dollars it would otherwise incur in court costs and settlement payments. Initially, the company is allowed 120 days in which to do this, but this time period can be extended by the courts. The plan must be sub- mitted to the creditors for approval. If the plan is rejected by the creditors it must go back to Manville for redesigning. If no plan can be agreed upon then the situation might return to the prior situation where individual plaintiffs suns, tne aram on rvtanville's assets may give them real cause for a bankruptcy claim. Manville is likely to stay in Chapter 11 until Congress enacts some sort of legislation, akin to the federal black lung compensation, calling for were suing Manville, one at a the Federal Government to time. In the latter situation, li- make contribution to the quidation of ManvHle would workers. This would be be a distinct possibility. desirable because thousands According to U.B. Law Pro- of the cases actually stem fessor Marjorie Girth, filing from exposure of workers in under Chapter 11 has been an government shipyards during unusual step for a solvent com- World War 11, when asbestos pany to make. She suggested was a government mandated that in the long run this move flame retardant used in ship might actually help those who building. The asbestos companies argue that the governhave yet to file suit. Handling the situation out- ment should set up a compenside the courts may be the best sation fund and be a major way to proceed. So much contributor, along with promoney is spent on the lawsuits ducers and insurance comalone that only 20 to 30% ac- panies. Manville also says that the tually ends up in the hands of the injured worker. Manville insurers have failed to meet itself spends a great deal of their obligations to meet money fighting individual claims. Some insurance companies have refused to make workers' claim for compensacontinued on page 8 tion. After thousands of these Opinion Opinion John Lord O Brian Hall SUNY/B. North Campus Buffalo. New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." —HL Volume 23 Number 3 Mencken State University of New York at Buffalo School of Law Tuesday, October 5,1982 Dean Wallin Explains Fall Course Registration Fiasco by Wendy Cohen "There are only so many classrooms, and so many hours in the day," said Registrar Charles Wallin, explaining why some upperclass courses are scheduled for the same time period. "The question, when three classes like Labor Law, Antitrust, and Property II are slated for the same time period," Mr. Wallin said, is "where can I put them to make it better?" There are only five major classrooms, and "in order to utilize them, certain classes must be scheduled against each other." Another consideration in drawing up the class schedule is time preferences of instructors and students. The registrar SBA Elected The results of last month's SBA elections were as follows: Jill Paperno, president; Ron Ossan, vice-president; Anne Carberry, secretary; Greg Phillips, treasurer. Third-year directors: Julia Carver, Jeff Shein, Scott Nadel, Rich Weibe, Jeff Eisenberg, and John Stegmeyer. Second-year directors: Kathy O'Hara, Bruce Schonberg, Dan Pease, Clare Piro, Brian Collins, and Len Gulino. First-year directors: Susan Kozinn, Holly Levine, Liz Garcia, Richard Gottlieb, Dave Cass, and Terri Foster. pointed out that most instruc- tors prefer not to teach in the evenings or late Friday afternoon, and students don't like to take classes that meet at these times. Instructors' personal needs also play a small part in scheduling, said Wallin. For example. Family Law and Remedies overlap, partly because the Remedies instructor had to adjust her schedule to take care of her small son. Turning to the issue of closed courses, Mr. Wallin said, "What sometimes seems to be a major problem may not be so bad." He commented that although on the first day of classes every course seems closed, classes open up as third-year students drop fifth courses they don't want and instructors let additional students into classes. "There's always going to be a problem for second year students," said Mr. Wallin, who has been the law school's registrar for eleven years; Mr. Wallin estimated that 75 percent of third-year students signed up for five classes, and "some even tried to sign up for six," even though they may have intended only to take four. However, only three classes were closed after thirdyear students' course request cards were run through the computer, and only one class, Commercial Paper, was heavily closed. The 20 transfer students accepted by the law school this year had "more serious problems," in registering, he said. Because transfer students were not notified of their acceptance until midAugust, they had a more difficult time getting courses, although the Registrar's office did try to help. Caines Gary While he feels that this year's fall registration was On September 28. Donald X Nkadimang. a South African attorney and slightly better than last year's, lecturer in ConstitutionaAaw at the University of North Transvaal. Mr. Wallin added that there is visited the law school still a problem in the Commercial Law area. This year, for instance, only two sections of Tax I are being offered, compared to three last year. The law school gained two additorney and the defense atby Lisa Kandel tional faculty members and torney questioning the victim two replacements this last a closing statement by The trial and mock rape semester, but he pointed out "you can't just go out and hire Friday night, featuring Harold each lawyer. Jury selection and opening statements were a Corporations instructor Price Fahringer and Erie Coun- Lawyers Demonstrate Rape Trial Technique downtown." When the law school goes recruiting for new faculty, Mr. Wallin commented, they are looking for the best overall candidate, and although Commercial Law instructors may be a priority, "we won't turn down a good Torts professor." Mr. Wallin also commented on the transfer of 16 first-year students from one section to another. "We didn't like to do that, but it's extremely difficult to keep the sections even," as initial section assignments are made in July, and a number of continued on page 6 ty Assistant Attorney Albert Ranni, drew people from the Buffalo community and the omitted. The facts of the case had been agreed upon prior to the trial. Fahringer, a nationally law school student body. The event, which was spon- known defense attorney, most sored by the Association of recently known for represenWomen Law Students and the ting Claus Yon Bulow, was a Erie County Citizen's Commit- superb performer. But Erie tee on Rape and Sexual County was well-represented Assault, was the culmination by Ranni; by calling Fahringer's of Rape Awareness Week. The ciosing statement "an week was intended to thank academy award winning percommunity volunteers for formance" he returned the attheir support and to encourage tention of the audience to the others to become volunteers. facts of the case. The case was primarily conThe mock trial, entitled People v. Thomas Bates, con- cerned with one issue: idencontinued on page 5 sisted of the prosecuting at �. Vol. 23, No. 3 Commentary Tuesday, October 5,1982 Editor-in-Chief Earl R. Pfeffer Managing Editor Barbra Kavanaugh News Editor: Feature Editor: Photo Editor: Arts Editor: Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Business Manager: Frank Bolz Sports: Glenn Frank Contributors: Wendy Anne Cohen, Lisa Kandel, David Allen Cass, Art I. Choke, Joanne L. Dittersdorf, John lacovelli, Jud Weiksnar, Jill Paperno, Michelle Wong © Copyright 1982, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Eleven days ago more than one hundred ÜB. law students converged on New York City's Roosevelt Hotel hoping to land a lucrative job. This adventure, which has come to be known as "the New York weekend," is rumored to exist primarily for the benefit of that group of students commonly labeled as "the top ten percent." It is also rumored thatthese weekends, which are the result of several months of careful planning and hard work on the part of our Placement Office, produce very few jobs. 'While there is a great deal of concern among "the other ninety percent" about the failure of the placement office to create an organized and consolidated program to aid them in their job search, there is no small amount of frustration being experienced by those students who traveled to New York only to see their ambitions and hopes squelched by a rejection letter the following week. One student who went to New York commented to the Opinion, "it seemed like a lot of the alumni only came to the hotel as a favor to the school. They weren't exhibiting the kind of aggressive recruiting behavior you would expect of people who were really in the market to hire ÜB. graduates." First, we believe that any resentment being directed at placement for either the elitism of, or the lack of fruitful results emerging from, the recruiting weekend is misguided. We suggest that those students who experience rejection, as well as those who were discouraged from applying by the apparent selectivity of the program, should direct their anger and frustration at the legal profession instead. A short perusal of Martindale Hubbell will reveal a not-so-subtle bias favoring graduates of the nation's elite corps of law schools. Whether or not the quality of the graduates of these law schools is superior to that of the graduates of this institution, and we believe it is not, the reality of the legal world is that firms, and most especially New York firms, display a marked preference for graduates of the Ivy Leagues. This elitism trickles down to the middle-sized firms as well. Considering the structure of the legal profession, the strategy of Placement is not so off base. Presumably, once U.B.s reputation is enhanced through the placement of its "top ten percent" in the nation's premier law firms, the "other 90" will benefit in their search for employment. Where the theory breaks down is in practice. It seems unlikely that the nation's top law firms are looking for new markets of students. They are probably quite content hiring the alumni of their alma maters —upholding the traditional belief in the superior skills and abilities of their fellow graduates. Of course, there remains a vast number of ÜB. law students who are not affected by the realities of the New York job market. There are those of us who aspire to general practice with one or two other attorneys, or hope to work in the smaller cities and towns of this state. Then there are thoseof us planning to work for clients whose lack of political or economic clout makes them especially needful of vociferous legal representation. To these students, and most especially the latter, a reliance on Placement would most surely be misplaced, for the hiring opportunities within these areas of the law are as unpredictable and uncertain as our economy. In these areas of practice the question is not whether there are jobs for U.B. graduates, but more properly whether there are jobs at all. As is true of anyone looking for work outside the mainstream, in any endeavor, a good deal of creative "hustle" is required. Second, the notion thatthere is a measurable top ten percent of law students at this school requires some comment. While it is true that some students have grades which are superior to those of others, to characterize these individuals as the "elite" of the school is to cast a reality on the unproveri notion that grades reflect either the quality of a student's analysis of legal issues or the quality of work product he or she will generate as a practicing attorney. What grades do indicate, and this perhaps reflects the big firms' overriding concerns with them, is a capacity to perform long hours of tedious and often uninspiring research. The unspoken expectation among big New York firms is that associates will produce at least fifty-five billable hours of work each week. Together with administrative time, meals and breaks, this amounts to at least seventy hours of work between Mondays. If grades are indicators of anything, it is of the ability to perform the kind of service for a firm which requires one to neglect ones personal and intellectual development. To those of you choosing such careers, we wish you luck; to the rest, we extend our hopes that the job search this coming year is not only fruitful, but provides you with the kind of work you desire and to which you are best suited. 2 Opinion October 5,19*2 BEGIN butALONE LEAVE its own. by lacovelli John — President September 28 Reagan is presently coaxing the Israelis to abandon the West Bank and allow the creation of a Palestinian state there. He foresees free flowing Arab oil and a greater U.S. influence with the moderate Arab nations as the reward if he is successful. If he pulls it off, Reagan will achieve a great victory for American interests. The problem is that the Israelis will never go along with it. If this is true, then Reagan is wasting his (our) time and energy, and an alternative plan to cooperate with the Arabs should be devised. Israel has been attacked by almost every one of its neighbors and yet it has maintained its existence; it has proved its military superiority in the area. Israel is probably the only nation in the Middle East to possess nuclear weapons. Because of this, Israeli concerns in recent years have shifted away from external threats and towards maintaining internal security. Israel has concentrated on securing its borders by removing Palestinian terrorists from its bordering nations. Now that this has been accomplished, the U.S. cannot expect Israel to allow the P.L.O to set up shop in the West Bank. Without the West Bank, Israel would be only ten miles wide near its major population centers along the coast. A small advance could cut Israel in half. Palestinian shelling from the West Bank would hit populated civilian targets. It would be very difficult to prevent terrorists from crossing such a large common border. By agreeing to a Palestinian state, Israel would be betraying the security plan that it has followed since 1973. Reagan cannot expect this to has argued that a Palestinian state will not cause a threat to Israel because the Palestinians will realize that it is not in their self interest to continue to provoke its mighty neighbor. However, this theory hasn't prevented Egypt, Syria, or Jordan from attacking Israel even though all three nations were left crippled after doing so. A Palestinian nation will be in such a state of confusion due to its lack of leadership that no rational decisions could be expected of it. P.L.O chairman Arafat's performance on "60 Minutes" (9/26/82) could attest to that. Also, Palestinian leadership will realize that by antagonizing Israel it will gain greater support of the Arab world and the support of its people. Anytime an Arab government is in the disfavor of its people, it starts a conflict with Israel and the people forgive. Israel will not buy this argument either. There is an alternative for the Palestinian people. The East Bank of the Jordan River Reagan is occupied by even more Palestinians then the West Bank. Jordan should be the home of the Palestinians. In 1921, Great Britain created Trans-Jordan as an Arab homeland in expectation of a Jewish homeland in Israel. The river was the intended border. In 1948, Israel won its war of independence but Jordan was able to occupy the West Bank in the. process thus enlarging the Arab segment. This occupation was contrary to international law and the subsequent annexation was not recognized by the U.S., the USSR, or the Arab states. Jordan had the legal status of any occupying power. In 1967, Jordan attacked Israel despite Israel's promise to refrain from happen. attacking Jordan if Jordan did Reagan has pledged that the not attack first. It took three U.S. will guarantee Israeli days for the I D.F. to take the security if Israel agrees to the West Bank back. Israelis' conPalestinian state. History has quest of the occupied territory shown, however, that interna- combined with the intent of tional guarantees have done the creators of Israel give little to prevent wars and acts Israel the best claim to the of terrorism. The U.S. has land. Certainly no one else has guaranteed Israeli security a better one. since 1948, yet Israel has had to At first, Trans-Jordan's fight five wars and has been leaders welcomed the Palestithe victim of thousands of acts nians as it gave the "nation" a of terrorism. Since 1973, Israel reason to exist. Trans-Jordan has realized that the U.S. is an was to be the Arab homeland ally only when being so will much in the way that Israel not hurt the American-Arab was to be the Jewish alliance. Israel will not put its homeland. Palestinians ocsecurity into anyone's hands cupied top positions in the Letter from the Schlegel The law school's rules provide that a student who wishes to take courses in another department for credit toward the J.D. degree must secure permission of the Associate Dean before enrolling in the course. I have recently received a rash of petitions seeking my approval for taking courses in other departments filed after, rather than before, the fact based on an asserted lack of knowledge of the relevant rule. I have approved these petitions for reasons that re- main obscure even to me. However, I shall no longer do so after October 15, 1982. So, if you have ignored this seemingly trivial rule in the past, you had better take advantage of this limited amnesty, and do government and the military until 1970 when King Hussein removed and executed these Palestinians and drove the P.L.O. out of Jordan and into Lebanon. It appears that the equitable solution is to either give the Palestinians a part of Jordan or to give them some control in Jordan's government again. Of course, the Arab states will not support this. They seem to be more interested in thwarting Israeli objectives than in giving'the Palestinians their own state. No mention of turning the West Bank over to the Palestinians was made while Jordan occupied the area. This situation leaves Reagan between a rock and a hard place. He must attempt to influence Israel to please the Arabs and their American friends in the business world, yet Israel is not about to give up their newly acquired security. Reagan is not attempting to get Prime Minister Begin out of office; correctly reasoning that he will find a more sympathetic ear in Begins replacement, Labor Party Chief Peres. However, if Begin can survive through the massacre scandal, the Israelis will soon realize what a great thing Begin has accompished in Lebanon and his power base will be even stronger than before. When Syria withdrew its support from the Lebanese Christians and backed the P.L.0., Lebanon y/as quickly becoming a P.L.O. state. But now, Lebanon is purged of the P.L.O. The Lebanese cheered the Israeli forces as liberators, although a great deal of civilian life and property was destroyed because the P.L.O. used the civilians as a shield. And now, Israel has successfully removed the P.L.O. from its borders. Its goals have almost been attained. Reagan should realize now that Begin will never bow to the U.S. pressure. The Arabs realize that they can do nothing to prevent the next step, which is Israel's annexation of the West Bank, except apply pressure on the U.S. Reagan must inform the Arabs that he too can do nothing. Begins plan is nearly completed. Reagan must face the facts and stop trying to interfere with the workings of the Israeli government. He must find a new way to please the Arabs. Announcement Anyone interested in being U.B.'* student representative to the American Bar Association, please contact Jill Paperno, Box No. 177. so quickly. Schlegel I Elections Are Being Held al 3 pm on October 12 to fill EDITOR'S NOTE: Opinion welcomes Managing Editor position. letters on any subject, expressing any viewpoint. All letters will be printed All students are eligible to in their entirety. Please submit them run. in the envelope outside Room 724. �President Preparing Full Agenda; Seeking Students by Jill Paperno I was elected President of the Student Bar Association two weeks ago. As President I will have a regular column in the Opinion. I hope to use this space to keep you informed of what the S.B.A. is doing. Unfortunately, as the Opinion deadline is earlier than this week's meetings, I can only inform you of what S.B.A. is expected to do during the week of September 27. Before I do that I would like to congratulate the winners of the S.B.A. elections. I'm looking forward to working with this year's Board of Directors. The Directors and officers are your representatives in S.B.A. Try and familiarize yourself with our names and faces. A list of names is printed in this edition of the Opinion. I hope that all of this year's candidates will maintain the interest and involvement in S.B.A. that they have already poll may be taken following On September 23 I had distribution of this information shown. terested in getting involved with a Student Faculty Combreakfast with the Presidents to determine what alternatives mittee, please leave a note in of the Student Association, are acceptable to students. If my box (No. 177) today. StuGraduate Student Association, you have any thoughts on this, dent membership on these Medical School and Dental please see me. I will provide committees is limited. School; Dr. Sample; a represen- you with more information as With the exception of the tative of Millard Fillmore Col- it becomes available. Finance Committee, Student lege and other university adOn Wednesday, September Bar Committees will probably ministrators. The topic of 29 at 4:00 the 198*83 S.B.A. not require interviews. If you discussion was construction of Board of Directors will have want to join one of these commet for the first time. Agenda mittees please leave a note in student activities space. *A student activities building items include funding for at- my box this week. is planned for Amherst cam- tendance at a convention by a Information about both pus, but it will not contain of- member of HANALSA and types of committees is posted fices and other student union selection of an Appointment on the door to the S.B.A. office (room 101), in the first floor facilities. At this time the Committee. The Appointments Commitpossibility of constructing lounge, and on the S.B.A. another building is being con- tee is a group selected from bulletin board in the sidered. Funding may come from the Board of Directors by the mailroom. I'd like to thank additional student fees. Many S.B.A. President. Its role is to Dean Headrick and Cleo for questions have been raised interview and select students the information about Facultyabout these plans, such as the for Faculty Student Commitees Student Committees. kind of control students will and Student Bar Committees. S.B.A. Board meetings will Although interviews will have be held weekly. I hope to have over such a building. Lunch is scheduled for Oc- begun by the time you read establish a regular meeting tober 29 with the same group. this, if you did not receive day. Feel free to attend Peter Murphy, President of notice of interviews and are in- meetings. If you would like to G.S.A., is collecting information to present to students. A Join a Committee! The following are general descriptions of law school committees open to student membership. Anyone who did not have a chance to sign up for one of these committees by last Friday may contact SBA President Jill Paperno and request consideration for membership. Academic Policy and Program Committee (APPC) four students, a Law Library faculty member and Deans Carrel, Garcia and Wallin, it generally operates through subcommittees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. This Committee considers Appointments Committee This Committee screens candidates for faculty positions, arranges visits and interviews, wmembers, deans, and students. After the Committee reviews a proposal, it makes a recom- on appointments to the full faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members, elected for two-year terms, two students, the Dean, and one Law Library faculty member. The Chair is elected by the proposals for changes in the academic program and graduation requirements. Proposals come from faculty mendation to the full faculty. It is composed of the Dean as Chair, three faculty members, three students and a Law Library faculty member. Meetings are held when the Committee has proposals to review, i.e. somewhat irregularly. Academic Standards and Stan- ding Committee (ASSC) This Committee acts on petitions from students for readmission or waiver of Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. .By the,n4tu.re.of,its work,,the Committee requires observance of strict confidentiality. Its meetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members; three students. Dean Wallin and a Law Library faculty member. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. Admissions Committee This Committt sets general standards for admission and reviews files of candidates for discretionary admission. Composed of six faculty members, one of whom serves as Chair, and makes recommendations faculty members. The two student members are expected to contribute to the process of screening resumes, to organize which candidates can visit with a diverse group of students, and to report to the Committee student reactions to visiting candidates. ' The Committee meets frequently in the fall and in the early part of the spring meetings at semester. Budget and Program Review Committee (BPR) Tfjis Committer reviews the non-persprirjeT-flaTt.. Of. the Law, School budget and makes, recommendatibns to the Dean oh his expenditure plans, particularly those with respect to student organizations and pro- grams. It meets infrequently, normally only when specific proposals require action or in spring when the Vice-President allocates the funds for the Law School budget for the next fiscal year. The Committee is composed of the Dean as Chair, three faculty members, three students. Dean Wallin and a continued on page 10 speak with an S.B.A. representative and cannot attend a meeting leave a note in any director of officer's box. The S.B.A. office is on the first floor. Once office hours are set up please stop in and watch the S.B.A. bulletin board for announcements and informa- tion about meetings. As soon as the next meeting date is set, organizations will be receiving notice to send a representative to a meeting before November 1, as is required by By-law No. 13. This representative must report on the group's activities and plans. Organizations must also publish a letter in the Opinion between October 15 and March 15 describing their activities. Finally, Mandatory Fee Waivers were available last week. For information regarding the status of fee waivers, please see Greg Philips. NEW YORK CROSSOVERS If a corporation enters into a contract to purchase real property and then brings an action for specific performance, must you discuss the law of corporations, contracts, real property, civil procedure and equity? How do you determine the real thrust of the question? What are the examiners really looking for? This is a critical issue spotting problem which is endemic to the New York Bar Examination which treats the law as one integrated body of principles or rules. New York essay questions often integrate several independent areas of law into one complex problem. This method allows the Bar Examiners to test an applicant on a great many of the 30 testable subject areas in only six essay questions Very few law students develop these practical issue recognition and analysis techniques during their academic training. That is why almost 20 hours are devoted to problem integration and analysis during the Marino-Josephson/BRC course. No other course offers enrollees such extensive preparation in handling the New York exams multisubject essay questions.' CONCERNED ABOUT NEW YORK CPLR? For those students who want to learn New York CPLR before the summer bar review, the Marino-Josephson/BRC course will present this spring, free to BRC enrollees. a,i Forge Ahead lecture series on New York practice by Professor Arthur R. Miller of Harvard Law School f Recognized as one of the finest teachers in the nation. Professor Miller combines wit and clarity of expression with total intellectual command of his topics. Co-author of the prestigious treatise Wright and Miller, Federal Rules, a widely adopted civil procedure casebook and the Sum former and Substance of Civil Procedure, present member Law editor of the Harvard Review Of; the American Law Institute In addition, Professor Miller is regi_lafly asked by the Federal Judicial Center to address Judicial Conferences across the nation V i I . i \\kJy ___mnn"" Marino- josephson/BRC 71 Broadway. 17th Fl (212) 3446180 • New York, N V 10006 (212) 344-61S1 October 5,1982 Opinion 3 �The Best Rock-n-Roll Band — That's Who! by David Allen Cass For the past three weeks I had been waiting patiently to again witness The Who. The first time I saw them was at Madison Square Garden, New York City, as a high school senior; this time it would be on September 26, 1982 at Rich Stadium, Buffalo, as a first year law students. Being a law studentthis time around has greatly altered my perspective of the event. Not only did I not know that my Who ticket was a contract, but also that in. a crowd of ninetythousand people, the police could have the audacity to actually arrest anyone for disorderly conduct. Besides being the largest in size, this ticket had the most contractual stipulations that I had ever seen on a concert ticket. For example, on the front of the ticket it said, among other things, "No bottles, cans, tape recorders, movie cameras, weapons, or fireworks." According to the "Plain Meaning Rule" -the definitions of these words should be clear. However, to the first year law student, each word has many meanings. Does "bottle" include plastic containers? Does "movie cameras" include regular cameras? Do "weapons" in- clude regi red hand Canada to collect our dime refunds. Broken glass and flat tires were omnipresent in the parking lot. The Security Force, rather than securing the inside of Rich'Stadium, especially the field where at least thirtythousand people, and some Dead Heads were viciously clawing their way towards the stage in the hopes of establishing a spot so that they could get a better glimpse of The Who when they came on, but who unfortunately had to suffer through David johansen, grenades? I need answers to these issues, and I need them now. One needs a lawyer, not a first year law student, to decipher the liability "dicta" on the back of the ticket. Fortunately, for Harvey, Corky and Tice Productions, AustenFagen, Buffalo Bills, Inc., the County of Erie, and The Who and their agents and employees, they have the best lawyers in the country pro'.cting them from liability. Meanwhile, the poor drunken Who head like me has no one. According to the ticket stub, not only will no one take responsibility for guaranteeing my security, but the people in charge will not even let me bring in a bottle of Yukon lack to help heal my wounds. Is this "justice"?, or does justice merely mean just-us? For starters, getting into the Rich Stadium parking lot was a project in itself; however, this was a cakewalk compared to the hassles of actually getting into the Stadium, and finding a seat. The Rich Stadium Who Security Force, whose leaders have an intelligence quotient of approximately three, one for each of them, brilliantly decided to withhold garbage cans from the parking lot, probably in the hopes that us Who heads would take our empty bottles of Bradors back to who played a puny uninspira- tional twenty-five minutes, and The Clash, the most overrated hardship case ever, who played a miniscule forty minutes, twenty-five minutes below their alloted time, were very successful in securing the outside of the stadium. There were more mounted police outside the stadium than in probably all of Canada. It was as if once near Rich Stadium, I became a prisoner. I felt very degraded. Not only was I not allowed to walk in or around "secured areas", such as the street, but the security force made me and my entourage, all fifteen of us, wait in line over ninety minutes before allowing us to enter the stadium. My girlfriend hn<l to go to the bathroom She was not pleased with the arrange- students should not like this. treated be Once inside the stadium, I realized that this was the first outdoor concert that I had been to that there were no reserved seats at all, or any limit on the amount of people allowed to be on the field. So I decided to try to watch the show from the field. Thinking that I could possibly enjoy myself down there was quickly forgotten when the guy standing next to my girlfriend got hit in the head with a bottle that was not supposed to be allowed in the stadium, by his friend who was having a "bad trip." I guess the mounted police missed this guy. There were no seats on the field. People were drunk, drugged, and rowdy; bloodied bodies, especially faces, permeated the environs. Besides, my girlfriend and I managed to lose all of our friends within twenty minutes of arrival, and were thus forced to encounter these throngs by ourselves. As the afternoon wore on, it became evident that I had to leave the field and try to find a somewhat decent seat in the ftands. It only took us about one hundred minutes to make our way ment. Law through the aisles. People were standing in the main aisles socializing. It became extremely dangerous when people. who had been socializing in the aisles, were being pummeled to the ground by the people who were trying to get through. Luckily for us, we made it out of the aisles with only scratches and aches. During the trek away from the field, towards the upper tier where the people were at least more refined, I even saw a fellow Section Two student with his girlfriend. I noticed that some people, usually smaller than the arresting party, were being harassed and/or arrested. It occurred to me, especially <vith the hindsight of Al Katz intriguing lectures on Criminal Law, that it was totally obscene for anyone to arrest anybody (unless of course it was for a capital offense) in a crowd of ninety-thousand people for disorderly conduct. It . behooved me to figure out how anyone could say anybody was disorderly in a crowd of ninety-thousand inebriates to warrant them being arrested. Scenes from Pink Floyd's The Wall scurried through my head. All the negatives of this con- cert were forgotten, except for this article, once The Who got on stage. They were fantastic, in top form. They are not considered the best rock-n-roll touring band for nothing. Professional Responsibility Exam (MPRE) Test Dote is Friday, November i 2. \ i ALL JUNIORS and SENIORS may take DAR/BRl's MPRE Review Course for no ADDITIONAL COST by simply depositing on additional $50 toward the final balance of your Dar Review Course ___ fUD I "All/ DM i\ A The Review Course token by more people studying for the H.Y. Dor than ALL OTHERS COMBINED 4 Opinion October 5, 1982 �Michigan Student Criticizes Legal Pedagogy The Opinion has been privy to several Students' complaints about U.B.s law curriculum. The allegations made in this article should give rise to a greater appreciation of the education we are getting at this institution. The author is a student at Wayne State University Law School. by Rudy Serra Many people, particularly laypeople, assume that physical support. They are forced to turn to their fellow victims and their fellow's recognition of their reliance engenders a willingness to help. Each victim knows that he too will soon need the help of others. By helping someone else now, he realies that he will help to assure his own survival. The effect is similar to that of a Michigan winter. When someone else's car is entrenched in an impassable parking lot, you help to push the car to the safety of the street. It is common for the grateful driver to return from his rescued vehicle to help you remove your car from the parking lot. This scenario was repeated continuously during the winter of 1982 in the parking lot at the members of the legal profession "take care of their own" because of their common commitment toward advancing rational discourse, the peaceful resolution of disputes and an orderly society where the law governs and applies equally to all. This assumption is inac- Wayne State Law Library. curate. This same effect arises out The real reason why of a law school education. members of the legal profes- During the past year alone, sion "take care of their own" is hundreds of law students have more closely related to the taken classes from attorneys "disaster mentality" than it is who have absolutely no trainto any common commitment ing as teachers. Although they to justice. Attorneys take care may be nationally renowned of their own because they are experts in their area of legal conditioned to do so by their practice, they have not yet legal education. It is the only mastered the fundamentals of way that they can survive the communicating their expertise three years of oppression and to students. They speak in such a way frustration called "law school." that students are unable to It is widely recognized that a hear what is being said. When peculiar type of solidarity it is possible to hear, it is often arises out of a shared ex- not possible to understand. perience of survival. This They write on the blackboard phenomenon is called "the in such a fashion that their disaster mentality." It occurs writing cannot be seen and, if in groups of people who sur- it can be seen, it cannot be vive experiences like concen- deciphered. tration camps, floods, natural They fail to identify the subdisasters, prison camps, war ject of their lecture, and don't and law schooT. give a page number or The victims learn to rely on recognizable case name until one another for emotional and much of the important naterial to contact students in advance They digress or fail to pro- to avoid extreme inconvevide a syllabus to give students nience., Then they are even a basic idea of what will rescheduled at inconvenient be required of them. Assigning times. more than one textbook, they This is not a complete list of wait until several classes have law school educational technipassed and then assign sup- ques. Some instructors do not plemental materials that must use any of the techniques be purchased. listed. Others make.up their They assign numerous re- Own or devise exotic combinaquired outside readings that tions of those listed. No law are "on reserve in the library." school professor has yet acThey put a single copy of each complished the task of using reserve reading in the library all of the techniques and expect forty or fifty simultaneously. This writer has is oast. students to be able to get the material and be prepared to review the cases in class, when the reserve readings are all assigned for the first two weeks of class. They never use or seldom use the two "extra" textbooks they required students to purchase. They skip around indiscriminately in textbooks that are used. They linger so long over trivial matters that they never cover much of the class material that was assigned. Often professors intimidate students or belittle them if vthey give an incorrect answer. Asking question rather than giving answers is piously called the "socratic methods." They ask questions whose answers are so obvious that an intelligent student would be embarrassed to answer for fear of being labelled a "brown-noser." They fail to provide essential feedback by either not skills s/he lacks. The vast majority of law school instructors are either not equipped to do so or fail to exert the effort necessary to do so effectively. The Justices of the United States Supreme Court have complained about the lack of skills in practicing attorneys. Law schools should steadfastly refuse to graduate students who lack the necessary skills, but only after they stop employing instructors with highly deficient teaching techniques. It is essential that law schools (and the continuing legal education promoters in the organized bar) undertake innovative and drastic pro* grams to teach their teachers how to teach. In addition, law schools should dismiss instructors who are unable to unwill- attended more than one law school, as a result of a transfer, ahd regrets to report that these destructive techniques are not limited to a single institution. Instructors often complain about the lack of writing and communication skills in students. Such criticisms are valid, but the fact is that the ing to acquire minimal comstudents are there to learn the petency in teaching. One can easily ascertain techniques that they have not yet mastered. The law school where the needs lie by asking instructor is there to provide students or by visiting the student with the essential classrooms. Few classes are continued on page Mod Rape Trial... 7 continued from page 1 tification of the attacker. Ac- acquaintance rape, whereby cordingly, the prosecution's the victim knows her attacker. questions focused upon the In these cases, "the issue is often consent," Ranni said. It is events leading up to the attack, the attack itself, and the much more difficult to convict character and intelligence of someone of acquaintance rape the victim, Mrs. Cordon. In because it's hard to convince a contrast, the defense was jury that the rapist would have mostly concerned with the attacked the victim knowing lighting in the room where the full well that his victim could attack took place and the easily identify him. Although Ranni stated that somewhat inaccurate descripning them with no indication tion of the attacker given the there's a "need for police to be trained in investigating cases of which answers were ap- police by the victim. of sexual assault," he is oppospropriate and which were not. According to the victim, her ed to specialized police teams. without are cancelled Classes assailant was white, 6 feet tall, These special teams become notice, with no attempt made weighed 230 pounds, and had a "elite squads" which result in moustache and beard. Fahr- over-specialization of the inger pointed out that no menpolice force, he said. tion was made of a moustache Fahringer disagreed. He did not have much flavor in the police report filed just feels that crimes of sexual because it had been overcook- after the attack. assault "deserve specializaed (I am always suspicicus In addition, he noted that tion". In addition, more vicwhen I can't recognize the defendant, Thomas Bates, tims of sexual assault would anything in the filling.) Unfor- was 6 feet 2 inches tall and come forward, he said. tunately, not much good news weighs 200 pounds. After the After the closing statements on the dinner itself either. I victim identified Bates in the were made, the moderator, ordered chicken divan crepes courtroom, Fahringer in- Bruce Goldstein, discussed with broccoli which had the structed Bates to put on his some general misconceptions texture of something that had eyeglasses whicl» he "regularly about the crime of rape. First, been frozen then reheated. wears" and instructed him "to the absence of sperm doesn't The crepes were bland and the leave them on" for the balance necessarily indicate that a rape broccoli was mushy. My friend of the trial. The victim hadn't hasn't occurred because rape had onion soup and a spinach mentioned eyeglasses in is not a crime of sex. Therefore, salad which was o.k. Never- describing her attacker. orgasm may or may not occur. theless, the Holiday Inn's According to Coldstein, "the In attempting to assert the primary business is putting have changed; it's not as laws victim's idenpeople up for the night and we validity of the to convict for rape" as difficult tification of Bates, Ranni asked it used to be. Corroboration for can only guess that the reputato Mrs. Cordon describe Fahrtion of the Sassafras Room of the crime, inhis nose, each element causes a lot of folks to retire to inger, specifically victim identification and cluding was ears, and lips. The their rooms early. longer is no repenetration, One last comment about unable to do so. Ranni then quired. In addition, the past no both places. At the entrance to said, " but you would have sexual conduct of the victim is the Panache Room, a man is trouble identifying Fahringerau-if only relevant when it relates to usually posted to make sure you saw him again." The by the presence of sperm. that the patrons are dressed dience, apparently pleased In the past, the charge of statewhich might the implications of this appropriately required forcible compulrape applauded. mean that they won't let you in ment, cheerfully sion and utmost resistance. trial, to in response After the wearing your sneakers and standard was amended to The your favorite Chuck Mangione a question from the audience require earnest resistance and, selection, Fahrt-shirt. At the Holiday Inn, regarding jury most recently, no resistance. however, though the decor inger stated that he would Coldstein emphasized the would seems to suggest formality, avoid "women who of the Erie County value there really isn't any. I'm sure sympathize with theforvictim" Citizen's Committee on Rape "inthat if you showed up wearing and would look in that it jurors" and Sexual Assault anything other than your telligent, nonemotional support to the victim provides understand the favorite underwear (which for who would who "carries a stigma after the some people is none at all) identification issue. concerned event." Another question there would be no problem. October 5,1982 Opinion returning exams at all, or retur- Dining Out In (And Out Of)Style by Art I. Choke My companions and I decided to start our evening at the Marriott Hotel (yes, this is a restaurant review), located 5 minutes away by car unless you got stuck at the damned red light at Maple and Millersport. By camel it's a few minutes longer, I'm told, but you probably wouldn't have to wait at the light. As you enter the Marriott, the Panache room is on the left side of the lobby after you make a right turn around the three-foot tall imitation brass flowers. You can tell you're at the Marriott when the flowers decided to mosey over to the hors d'oeuvre table next to which a "Seafood Bar" was also set up. Given that the sign outside advertised a Seafood Bar in particular and the fact that it was Friday afternoon, i guess I expected something more, but here we're talking slim pickin's — example: four very anemic looking shrimp stuck on to the rim of a glass (their "Shrimp Cocktail") $3.50. Also oysters in the shell (I assume someone opens them for you) $.50 each. And that was it. So much for the Seafood Bar. However, the usual complimentary fried mushrooms, raw mushrooms, cauliflower, cherry tomatoes, aren't plastic. We wanted to begin here for and broccoli were available several reasons: 1.) sentimental with dressing which was either we had all been here in the ranch style or bleu cheese. I past and had a good time; 2.) couldn't tell which. After finishing our drinks image we like to pretend we (seven dollars plus change for we to go because are cool including tip) we three drinks "chic" places; 3.) curiosity hopped into our cars and men to trying still Are all those pinch women's derrieres as the drove on the I-290 West (leave — — — bar fills up? and 4.) small they usually serve bankroll some really great free hors d'oeuvres. We found a comfortable place to sit away from the bar and the crowd. A waitress was there in a very short time to take our drink order. We then — the camel at home). The Sassafras Dining Room is in the Holiday Inn located on on Niagara Falls Boulevard your immediate right if you drive off at the Niagara Falls Boulevard exit. Before ordering dinner, we were served a complimentary eggroll which — — 5 �. « WHwuilr £•/«< mem /ill mo d<nft*«i* ,Igo-r "O'*' ■Wil I*t J0 J°9s AAIV ftAiiKd in <•<-*■ of tT'■' ' -ruftll AX u>n oF -J&I?? o*r meet if m/I kc 4A, efHRTTI looic Po* th6m,WT look GrJVete 4Si«. _ _ "AvstkquA U/AMlt Youl "ntM *OU9U 4MD u/oHk. om SHiPS'... pieeoi U*>*KeW...'MAKf HUAiItCPi sruffivr (MjeLoPci ht mnt'.. S* 7»f rnatttt U»f* Yoo 14W $nt>tvt% IS WAT flttlttt ycu g£ =_ I ~N /" CZT> "= -tttz H Mb312588/2W students decide not to attend the law school at a later date. The Registrar stated that if the transfer hadn't been made, there would have been 92 students in one section, and 68 in another. He remarked, however, that "it is too bad it (the transfer) couldn't have been done on a more voluntary basis." Finally, the Registrar corn- ... mented that this year's upperclass finals schedule, in- cluded with registration materials for the first time this year, won't be changed without solid reason because people make plans around it. However, students may find it more difficult this year to receive permission to take finals on different days if they have two or three tests scheduled for the same day. In Memoriam I university press 60 s. harriman Registration continued from page 1 H Jim Newman RESUMES TYPESETTING INVITATIONS FLYERS LOGOS POSTERS BUSINESS CARDS STATIONERY NEWSPAPERS H H H H H H H £ I £j^ 37Q I *«£2;«£ c >,P »,.ti.n Class of 1984 KS NY. 14260 Amherst, Don't Be Left Out! Get In On the "Social Opportunity" of the Year The Buffalo Law School Entertainment Card All those interested in enjoying good food, drink and entertainment, at low prices, read this! In the hopes of providing law students with relaxing, enjoyable entertainment, at low cost, the Commehcement Committee has obtained agreements from area proprietors for discounted food, drink and entertainment. The way to take part in this money saving opportunity is to purchase a Buffalo Law School Entertainment Card. The purchase of the Entertainment Card will enable its holder to obtain discounts at the following area bars and restaurants: The Scotch-n-Sirloin, Bullfeather's Pine Lodge, Rootie Pump Room, P.J. Bottoms, Grandma Lee's in the University Plaza, Syracuse's Pizza Plant in the Northtown Plaza and Clarence Mall, and Demo's Restaurant at 516 Delaware Avenue. The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters across the country, including in our immediate area, the University Cinema, and the Boulevard, Eastern Hills and Thruway Mall Cinemas. These movie tickets will be available for $2.75, a saving of $1.25 off the regular ticket price. In addition, the purchaser of an Entertainment Card will also receive a discount on Law School social events sponsored by the Commencement Committee. The first of these is the TOO MANY DAYS 'TIL GRADUATION PARTY, to be held at Bullfeather's Lodge on Thursday, October 14th. The Entertainment Card will entitle the holder to a $2.00 discpunt off the $4.00 admission price. Don't miss out on this social opportunity of the year! The Buffalo Law School Entertaiment Card may be purchased for $10.00 at the table in front of the library. For more details on the discounts availble, inquire at the table. 6 Opinion October 5,1982 1947-1982 SUB BOARD ONE, INC. Whether you're Ist 2nd or 3rd year students the Too Many Days Til Graduation Party is for you! When:Bullfeather's Lodge 3480 Millersport Hwy. (4 mi. north of Amherst Campus) Where: Thursday Night October 14th 9:00-Til ? All the Wings you can eat! All the Beer and Soda you can drink! Music & Dancing Admission Price: $4.00 Only $2.00 with Entertainment Card - Ist Year Students come and let us welcome you to the Law School Sponsored by the '83 Commencement Committee �Freedom of Information Act Analyzed In New Book This article was Written by the banning of such unsafe, defecCampaign for Political Rights tive products as exploding Pinand first appeared in their to gas tanks,defective publication Organizing Notes, Firestone steel-belted radial 6/7/82 tires, and two carcinogens, Red Since the Freedom of Infor- Dye No. 2 and Chloroform. mation Act was enacted in FOIA disclosures have promp1967, thousands of people ted closer scrutiny from Conhave utilized the open access gress and federal agencies on law to monitor government airline safety procedures, policies and programs, to aid health care and in the context in research and news reporting, of infant formulas. and to better understand how the federal bureaucracy works. Now, for the first time, a new Campaign for Political Rights study details how consumers, business, scholars, journalists, state officials, lawyers, unions and political activists have used the FOIA — and how many FOIA disclosures have benefitted the public. Former Secrets: Government Records Made Public Through the Freedom of Information Act was written for the Campaign for Political Rights by Evan Hendricks, Editor of Privacy Times. The 200-page study lists 500 cases of FOIA disclosures in ten areas: Consumer Product Safety Consumer groups have used records obtained through the Freedom of Information Act (FOIA) to force the recall or contributed a great deal to what is currently known about the hazards of nuclear waste disposal, pesticide spraying and chemical dumping. States such as New Mexico, Mississippi and Utah have used the FOIA for these purposes. Documents released on atomic fallout to Utah Governor Scott Matheson revealed that government officials knew of the health dangers, including cancer, of the 1950's atomic testing in Nevada, but publicly insisted there was no danger. Use of the FOIA has also enabled environmental groups to discover hundreds of nuclear plant accidents. Drug Safety and Government Behavior Control The FOIA has enabled public interest groups, the press and others to obtain data submitted by companies on ineffective or unsafe drugs. For example, the drug Phenformin was banned by the Food and Drug Administration (FDA) shortly after a consumer group filed a lawsuit based on disclosure of records on the drug's harmful effects. The FOIA has also informed the public about drug testing pro- Fraud, Waste and Government Corruption Public interest groups across the polities' spectrum have used the FOIA to expose waste and fraud in the government. After a fouryear court battle, Common Cause obtained Air Force documents on the ten largest defense contractors; the documents showed that these companies had charged the government more than $2 million in questionable lobbying expenditures. grams by federal agencies and state prisons; FOIA records on CIA mind control research led to the publication of John Marks' In Search of the Manchurian Candidate. Environment and Nuclear Power FOIA disclosures have On The Lighter Side Civil and Labor Rights Blacks, Hispanics and Native Americans have used theFOIA to battle racial discrimination ... The Freedom of Information Act has helped bring some of the government's more embarrassing secrets out of the bureaucratic closet. Following are a few examples from Former Secrets: in employment, education and housing. The Act has also been used by women's groups fighting sexual discrimination, and by the mentally and physically impaired to monitor • According to FOIA documents released by the Department of Defense, the Army used infected homing pigeons enforcement, of government programs. Department of Labor records have helped workers and labor unions challenge violations of health and safety and fair labor standards laws. and dropped contaminated turkey feathers in cluster bombs over oat crops in upstate New York to test the use of a "cereal rust epidemic" as a biological warfare weapon. • Senator Proxmire awarded the Golden Fleece Award to the Navy's Project ELF (Extremely Low Frequency) as a result of one FOIA disclo*sure. According to documents, a deputy Defense Secretary testified before the House Appropriations Committee that the Navy was conducting a fertility study on a bull at Proiect ELF. When the official found out after testifying that there was no such bull, he even though medical ordered the Navy to purchase one Business Critics of the FOIA have charged that businesses mainly use the Act to obtain their competitors' trade secrets. But FOIA Professionals within the government say their agencies are careful — officials advised that there was little use in conducting a one-animal study. Six years later, the Navy shot the bull • ed special to Another Department of Navy FOIA disclosure describNavy test on sharks. Under "Project Spear," the a Navy implanted electrodes in sharks so that they could be steered by radio signals. When the Navy found they were lacking sharks for the final test, human recruits were substituted. Lose Sharecroppers — — , avoid disclosure. This debate over trade secrets has actually obscured many important ways in which businesses have used the FOIA. For example, according to the Defense Department's 1981 annual Benefits farmworkers who are same. 2) The IRS can sue the farmas "sharecroppers" classified the This article was prepared by worker for not paying taxes, security tax forms: on social Farm Labor Organizing Commit1) Farmers must pay an extra and then the worker must pay tee which is a group dedicated security tax for having an additional penalty tax. social to organizing migrant farm3) IRS is supposed to hit the employees, but they can avoid workers in the midwest in order their "sharecropper" for S.S. taxes they designate it if to gain needed protection from as sharecroppers. This every spring at tax time, but it employer practices such as workers at first appears is backlogged by cases and has system those outlined below. only recently gotten around to to farmworker beneficial the he no social the farmworkers. Workers also, because has than In everything other name, farmworkers are security deductions from the have been sued by the IRS for over $800 in taxes they did not have paycheck. employees and the Internal pay in past years. In reality guaranteed employee rights Service demand Farmers may use the Revenue will But by designating their workers on tax forms as self- the tax later. Worse, the sharecropper status for further employed "sharecroppers," "sharecropper" must pay a exemptions that hurt the farmfarmers have denied farm- much higher S.S. tax than he worker, by classifying them as workers these rights. For in- would as an employee, even "independent contractors": Unemployment and Workers stance, the farmer does not though his income is no difFarmers do not Compensation: are Although his taxes ferent. pay minimum wage. on page remain continued benefits the There are serious problems higher, the for . . report, 55% of the Departbeen released to veterans ment's FOIA requests last year through the FOIA. came from business concerns, Government Intrusion into In eluding many small Political Activity The businesses that use FOIA to ac- widespread disclosures under quire technical data from the the FOIA Of government atDefense Department in order tempts to infringe upon to bid competitively on democratic rights are perhaps government contracts. the best proof of the need for History FOIA disclosures have .public oversight. Beginning resulted in numerous books, with NBC correspondent Carl , Nixons Wins ' FOIA Ruling In a 5-4 decision issued on May 24. the US Supreme Court upheld the right of the FBI to withhold information the Bureau supplied to Richard Nixon concerning his political opponents. The Court ruled that records originally compiled for law enforcement purposes can be withheld under the Freedom of Information Act (FOIA) even if the material is later put to other use The political files, which concern individuals such as Cesar Chavez, John Kenneth Calbraith and Dr Benjamin Spock, were tne suDject or an fOIA request filed by journalist Howard Abramson in 1976 The FBI provided the information to the White House after Nixon aide John Ehrlichman requested "name checks" on opponents of Nixon's Vietnam policy. The FOIA permits the withholding of records "compiled for law enforcement purposes," but only if some specified harm would result from disclosure. In this case, the government contended that release of the records would constitute an invasion of privacy. The Supreme Court rejected a lower court's ruling that law enforcement records lose their protected status if they are later used for other purposes. articles, and reports that have Stern's request in 1971 for FBI chronicled important chapters counterintelligence program in contemporary history. Some (COINTELPRO) documents, hundreds, of journalists, academics, religious groups, political activists and other citizens learned they had been subjects of illegal government surveillance. According to CIA documents, the CIA engaged in extensive domestic spying primarily aimed at college campuses. « Foreign Affairs and Defense Information gleaned from the Taxes Disclosures under the government through the FOIA FOIA have helped American public taxpayers demystify many has expanded knowledge about the 1969 complex Internal Revenue SerCambodia bombing, military vice (IRS) procedures. Tax sales to Central America, CIA analysts, unearthed thousands assassination plots, the of IRS documents revealing People's Temple Massacre in the IRS had developed a Jonestown and many other "secret body of law" it did not foreign affairs and defense want to share withoutsiders. As matters. Details of army tests a result, analysts compiled and of atomic weapons in the indexed the materials, which 1950's and of Agent Orange are now routinely used by acduring the Vietnam War have countants and attorneys titles included: Stephen Schlesinger and Stephen Kinzer's recent Bitter Fruit: The Untold Story of the American Coup in Guatemala; William Shawcross: Sideshow: Kissinger, Nixon and the Destruction of Cambodia and Walter Le Feber's Panama Canal. Legal Teaching from page 5 stimulating, few are challenging and only some are reasonably well organized. This condition persists even in classes where the textbook ... Ihe deterioration of legal education has continued too long. Administrators should institute courses for instructors before the incoming freshmen in the class of 1983 are added to the list of victims. now, material presents fascinating and stimulating accounts of Many law students are the development of various imemployed (or have been portant areas of law. A poor employed) as teachers and teacher can successfully take a would gladly lend their fascinating subject and conassistance, free of charge, in vert it into drudgery. providing critiques and conThe fact that the solidarity structive suggestions. of the legal profession is based The cost of a law school more on "disaster mentality" education is high. The quality than on common commitment of the educators is unto justice is further evidenced necessarily and appallingly by the practice of some law low. Under current conditions firms. If one experienced the the definition of a "lecture" same disaster as the partners of provided by one law school inthe law firm, by attending the structor is too accurate to be same school, the tendency is humorous: a lecture is "the for one to be welcomed more process by which the teacher's warmly than an individual who notes become the student's experienced a similar, but not notes without passing through identical, disaster. the mind ot either." Opinion October 5, 1982 7 �J.C. Friends and Enemies Dept. Tiny Caribbean Island Feared By U.S. by Rick Herbert The country had no industry. Government administration Grenada, a beautiful spice was marked by Gairy's corrupisland barely one-quarter the tion and mismanagement. size of Los Angeles with a Over half the population was population about that of unemployed. To describe the Berkeley, has been proclaimed condition of the island before a threat to vital U.S; national it won independence from security interests by the Great Britain in 1974 is to Reagan Administration. With depict a familiar pattern of public attention riveted to colonial underdevelopment: ilCentral America, particularly literacy; inadequate health El Salvador, few have noticed care and housing; poor nutrithe Administration's vendetta tion; unemployment. Five against the revolutionary years of independence under government of this small Gairy only reinforced this pattern. island nation. U.S. hostility towards The PRG with Maurice Grenada began when members Bishop as Prime Minister movof the New JEWEL Movement ed to wipe out illiteracy and to (Joint Endeavor for Welfare, provide free health care for all. Education and Liberation) took It began road repair and road control of the country in 1979. development. It built the first agro-industrial factory utilizSince then the U.S. has attempted to dissuade its western ing what had previously been allies from attending a Euro- waste products from its fruit pean Economic Community crops to make jellies, jams, Co-financing Conference to and nectars. It encouraged raise money for Grenada's new foreign investment in cooperainternational airport; tried to tion with government. It block a $19 million loan from recognized tourism as an imthe International Monetary portant source of foreign curFund; pressured the Caribbean rency and consequently Development Bank to exclude sought funding for a new interGrenada from funding; and national airport, which had conducted military maneuvers originally been planned while in the Caribbean under the Grenada was still a British coloperation name "Amber the ony. Even before its inAmberdines." (Grenada is the dependence Grenada had tried largest island of the to find support for the airport, Grenadines.) These examples principally from Great Britain are by no means exhaustive. and the U.S., but to no avail. On March 13, 1979, Cuba offered to help build the members of the NJM took over new airport and to supply Grenada's only radio station, medical teams for Grenada's stormed the island's small developing health care system. military garrison, and disarmed The PRG eagerly accepted the non-cooperative police. With offer. the help of the population the This flurry of activity on the NJM rounded up members of island alarmed many within a the U.S. government. The new the Mongoose Gang secret police network in the government's decision to join service of former Prime the Socialist International and Minister Eric Gairy and its election to the executive declared a new People's .membership of the.Nonaligned Revolutionary Government Movement further unsettled — — the United States. Grenada's The NJM took control of a domestic laws reflected a country that was virtually philosophy of government in without an infrastructure. direct contradiction to that Roadways were either in proclaimed in Washington. Its severe disrepair or nonexistent. Land Development and Opinion October 5,1982 (PRG). 8 Utilization Law, for example, empowers the government to lease idle lands to farmers or cooperatives with or without the owner's consent. The National Housing Authority Act enables the Authority to repair sub-standard housing or force the owner to do it. Employers must recognize trade unions and are subject to criminal sanctions for refusing to negotiate under the Trade Union Recognition Act. examples These demonstrate the PRG's belief that a central purpose of national government is to provide for people's welfare, a belief actively rejected by the Reagan Administration. That Asbestos ... Administration has chosen to continued from page 1 attack this small island nation on several fronts; media payments because of a dispute manipulation; economic with Manville over the extent destabilization; diplomatic of their coverage. As more is isolation; and military inorigins of learned about the attention timidation. While cancer, it becomes clear that must remain focused on Central America, particularly in thousands of worker deaths light of recent disclosures of are caused by exposure to carWhite House-approved covert cinogenic chemicals in the operations against Nicaragua, workplace. The asbestos litigaReagan's other "interests" tion could be only the tip of the iceberg. Moreover, the imshould not go unnoticed. plications of Manville's Chapter 11 action could someRick Herbert a member of the day extend to workers who toCentral American Task Force, day are being exposed to visited Grenada for several chemicals the dangers of weeks in late December and which have either not been admitted or determined. the first part of January. Farmers Get Around the Law . __. Sharecroppers Lose benefits ... continued from page 7 have to pay either of these. Farmworkers have had to pay for work-related injuries out of their own pockets, and they do not get paid for the time they are out of work. Child Labor: With the farmworker supposedly "selfemployed," farmers have justified child labor by claiming that the children are working for their parents, not for the farmers themselves. Record Keeping: If the head of the family is an employee, the wages of each family member must be recorded separately. However, under the sharecropping system, the wages of the entire family are recorded under one name. Such recordkeeping by the farmer makes it almost impossible to enforce minimum wage laws. Income Tax: When the wages of the farmworker's family are all put under one name, it appears that the farmworker has a higher income. The farmworker may have to pay a higher income tax. . Last May a federal judgeruled in Ohio that farmers cannot use the "sharecropper" status avoid minimum wage and child labor laws. The case arose when the U.S. Department of Labor sued farmers Ernest and Peter Gillmor for violating child labor laws. The Gillmors defended on basis of a 1976 court decision (Sachs v. U.S.) which established that pickle pickers can be sharecroppers for social security tax purposes. They argued that this decision could mean that farmworkers are "independent contractors", exempting growers from the Fair Labor Standards Act. The FSLA protects employees andprovides minimum wage, child labor and recordkeeping laws. State agencies used the Sachs decision to advise farmers how to avoid the FLSA regulations. Judge Nicholas Walinski, who decided the original Sachs case, rulto ea tnat Sachs does not taxe away protection of pickle pickers under minimum wage, recordkeeping and child labor laws. Pickle pickers are called "sharecroppers" because the farmer and the picker each get half of the money paid by the processor for a box of pickles. The price of each box is based on the quality and grade of the pickles. This pay system does not mean the farmer and farmworker are business partners in any way. The price of the pickles is set by the farmer and the processor long before the migrants are even hired. The farmworker has neither control over the crops nor any financial investments. Classifying farmworkers as "independent contractors" is not legal in Ohio and Wisconsin. The practice may soon be illegal in Michigan as well, depending on the outcome of a case in court as this story goes to print. Identical to the Gillmor case in Ohio, it arose when the Department of Labor sued Jerry Brandel Farms. Because of the Sachs case, farmers can legally avoid social security taxes at the farmworkers' expense. Still this practice can be challenged in court; it is being challenged by Otila and Alfonso Salinas in a lawsuit against the IRS. �Amy Tobol Addresses UN Group Ellen by Mary Berger ing instruction received West Germany and the through the International Netherlands, responded. Center for University Human In her statement, Tobol Rights Teaching particularly presented data on the "slaveattracted Tobol, since she has like practice" of purchasing teaching experience in U/B's women for or luring women inWomen's Studies Program and to work as part of package at Tolstoy College. tours available to travellers At Strasbourg Amy became According to Tobol, Asian increasingly aware that women, lured by promises of women's human rights issues money and/or marriage, are When then second-year student Amy Ruth Tobol enrolled last spring in Professor Virginia Leary's seminar. International Protection of Human Rights, she had no idea that she was embarking upon a road of study which would lead to the United Nations in Geneva. From the seminar reading, are not relegated to a most imTobol learned that "lots of portant status by international times women's issues are really organizations who address low on the list of priorities in human rights. "Although human rights law." She 1975-85 has been officially became aware of the lack of delegated as the Decade of attention given to the interna- Women by the UN Commistional trade in forced prostitu- sion on the Status of Women," tion. Amy, therefore, started Amy declares, "there are very writing a paper on sex tourism, few women in the upper forced prostitution, and con- echelons of UN bodies. There cepts of women's human rights must be a concerted push to for her seminar, and when of- involve women in national and international decision-making fered a grant to spent the summer at the International Inbodies." stitute of Human Rights in While at the Institute, Amy Strasbourg, Fr.nce, she had been corresponding with a jumped at the o- >ortunity. University of Minnesota Law un Institute, School professor who enThe located in the \lsace region couraged her to travel to between France and Germany, Geneva and sit in on the Workhosted 262 people from 66 dif- ing Group on Slavery, an ferent countries (including information-gathering body about 20 Americans) during within the UN's Division of the month of July for a four- Human Rights. So, after week curriculum comprised of finishing at Strasbourg's Inlectures, study sessions, and an stitute and then taking a short intensive seminar on the trip to Germany, Amy went to methodology of teaching Geneva, where she stayed with human rights at the university an American alumna of U/B level. Amy found that her Law who presently works on fluency in French was a great the International Commission of Jurists, a non-governmental asset, since only about onehalf of the lectures offered organization. were in English. After sitting in on the WorkThe series of lectures and ing Group and conferring with study groups which comprised her Minnesota Law mentor, the "study session" segment of who made available some the Institute's program afford- research material compiled by ed an "incredible opportunity a Minnnesota student, Amy to hear people from all over prepared and presented to the the world speak from their proUN Group a statement on sex fessional experience and per- tourism and forced prostitusonal observations" in the area tion in the Far East and Europe. of international human rights. The next day two countries In addition, the intensive train- cited in her paper as violators, ' New Waves Ferns, — r purchased and shipped to West Germany, where they are kept in brothels under a system of debt bondage, requiring payment of part of the money they receive for services to the brothel. This practice keeps the women in states of perpetual debt and encourages countries to funnel into sex tourism great sums of money which might be better spent in developing indigenous economies. The day after her presentation, Amy had the "exciting opportunity of meeting formally" with a member of the Permanent Mission of the Netherlands who had heard Amy's paper and wished to res- pond to allegations contained in it. Since August, Amy has contacted all other countries mentioned in her statement either as "source countries" where tours originate from, or as "receiving countries" where women are shipped to who did not participate in the UN Working Group and wish to respond. Amy plans to incorporate all rebuttals into a final report, which will include new — — research on sex tourism and forced prostitution that she has unearthed since summer. She hopes to eventually publish the report in its entirety. A bigger plan, however, is to return to Geneva whether she must "beg, borrow or steal to get there," and to become more involved in the UN's work in international women's human rights issues. Maniacs & The Continental could have just been trying to and The Pointless Brothers. If you haven't seen either of "no head those two bands, they're that there would be bobbing allowed." If you'd like definitely worth the cover to see an original, talented charge if you're into danceable group and you're not easily of- progressive rock or bluegrass fended, go see The Ferns. If the respectively. Bush Tetras were from Buffalo and The Ferns were from New York, The Ferns would have the Answers recording contract. Speaking of local bands, if 1. Al Benton (Babe Ruth, 1934; you like danceable music with Mickey Mantle, 1952) a ska/reggae beat, check out 10,000 Maniacs. They're from 2 New York Rangers Jamestown, but their music sounds more like Jamaica than 3. Los Angeles Lakers, 69 wins, Jam*#town. At Sundance '82 in 1972 front of Norton Hall they actually got ÜB. students to 4. 1963, NY. Giants dance — and that's saying something. They've got a good 5. $5 per week laundry money, 5-song album out, Human Con$50 per exhibition game, flict Number Fiv£, that's and a new pair of shoes. available at local record was a Buffalo band, The Ferns. For my money, The Ferns were much more enjoyable. Their style is more original, their lead singer is more charismatic, and they actually Another record available locally is the BCMK (Buffalo College of Musical Knowledge) Showcase Album. It features songs from a dozen local artists, including exceptionally good tracks by The Elements by Jud Weiksnar Just because a band comes from New York City and receives a lot of hype doesn't mean it's any better than the local bands here in Buffalo. A case in point is the Bush Tetras, who played The Continental September 21st. The Bush Tetras went through the motions of a fast paced yet uninspired 45-minute set (no encore). When I realized that I was standing with my hands in my pockets*while listening to one of New York's biggest funk/dance bands, I figured they must also be one of New York's most overrated bands. The people yawning in the audience would probably agree with me. Some people appeared enthused, but they justify their paying $5 to get in. Opening for the Bush Tetras got people dancing despite a warning from their lead singer stores. East: Baltimore; AL West: Minnesota; N.L. East: those Amazing Mets; N.L. West: Atlanta (Baltimore beat Minnesota 3-0, NY. beat Atlanta 3-0 and the rest is history) 6. AL Amy Ruth Gary Ca/nes Tobol Admissions Releases First Year Composite This year's entering class is ssomewhat smaller than last Well over half of the \year's, with 257 students comstudents in this year's entering fpared to 272 in 1981. The pool class are Western New Yorkers, of applications, while up to and many completed their 11723 this year from 1685 last undergraduate degrees in the year, is down from 1974's high State University system, accor- cof 2711. Median LSAT scores ding to statistics recently are also up. This year's first released by the Registrar's of- year class has a median LSAT of 656, compared to 636 for fice. t 146 of the 257 students in the class entering in 1981. Methis year's entering class hail dian grade point averages have from Western New York, while Iheld steady, remaining at 3.40. 99 come from other parts of Women make up a smaller part the state and 12 from out-of- of the class of 1982 than they state. The regional distribution did in 1981. 92 first year of the first year class is com-! students this year are women, year's enterparable to that of the law while 116 of last female. The school as a whole: 65 per. entiing class were number of minority students irom students come of Western New York, and only also decreased slightly, from 2.6 percent from out-of-state. 26 last year to 23 this year. was a The statistics also show that[Also released a large percentage of first year breakdown ot the number of H students received their and D grades received by the undergraduate degrees fromigraduating class of 1982. The UB or other schools in the:istatistics show that the median SUNY system: of 122 students Iinumber of H grades received from the SUNY system, 41 by members of the class of students are from ÜB, 31 from' 1982 was 7, and the number of Binghamton, and 21 from H grades per student ranged Albany. The rest of the first!;from 0 to 23. On the other year class is drawn from 137.1;hand, the median number of D diverse institutions, including !■ and F grades received per stuthe University of Miami, Notre,dent was 1.4. 103 students Dame, Johns Hopkins, Univer- received no D or F grades at sity of Chicago, and Berkeley all, while 62 received only one. by Wendy Cohen c > <■ > c c '<< » r • I I ——■——i-m Projo — in ii WoRD lupG Processing ■ ii ■ n ■ li ■ II ■ II - Typinc Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when editing drafts All final Copy Printed on Rag Bond 1b Typestyles & Symbols to Choose From Printed to Look Like Typeset Or Typewritten Experienced in doing legal work Complete Resume Service Kcpetitive Work at Reduced Prices iVrsonalized torm letters, mailing lists Related Services Provided Xeroxing. Printing, Bulk Mailing Pick-Up & Delivery Available All Work Ouaranteed Whether yon type or not, Proto-Type can provide you with highest quality work that computer technology can provide. Call Proto-Type - 883-3348 Ask For Randy October 5, 1982 Opinion 9 �J.D. . SBA Offers Chance to Join Committees continued from page 3 Law Library faculty member. The three faculty members are elected by the faculty at large. Faculty-Student Relations Board (FSRB) The Committee acts on student disciplinary matters, student grievancesagainst faculty members or other students, and faculty grievances against students. It is also charged with establishing the method of student evaluation of teaching. It is composed of three faculty members and three students. The Committee elects its own Chair. Dean Garcia serves as ex officio advisor to the Committee. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or engages in other forms of investigation. Its proceedings respect the confidentiality of the parties. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel of comunication between the users | of the Library and Ihe Library staff. It is composed of four faculty members, one of whom , the ASSC on students from the Special Program who may be in academic difficulty. In the Committee has a general, i charter to improve the quality of theLaw School's affirmative efforts to expand the number of minority and disadvantaged law graduates. The Committee has four faculty members, one of whom serves as Chair, and three students. Dean Garcia serves ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. — Finance Committee Treasurer is chairperson Prepare a budget for the coming fiscal year (September 1,1983 to August 31,1984) and submit it to the Board no later than twelve class days before the end of the semester, sub- mit supplemental budgets each month, review the use of appropriated funds. Promotion and Tenure The Faculty Promotion and Tenure Committee has only tenured faculty on it, no students. I n order to try and expand the voice of the students in this area, this committee was established. It's main function is to determine what actions are before the Faculty serves as Chair, and four Committee and then recomstudents. Mitchell Lecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows, that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members, one of whom serves as Chair, one Law Library faculty member and three students. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. mend to the SBA any steps which can be taken to inform the Faculty of the students' views on that action. Distinguished Visitor's Forum Disburses the SBA funds for speakers. Part of the funds for this committee are set aside for recognized prgantz'attons to use for tr|etr y individijjil''prc)j, 10 Opinion suance thereof. External Affairs Book Review — October 5, 1982 Shall take appropriate steps to represent the SBA in a continuing relationship with interests outside the Law School, including the New York State legislature, legal groups and associations, the judiciary and whatever other bodies or individuals as may be deemed Vice Presi- appropriate. Athletic and Social Committee Shall perform whatever duties are assigned to it by the Board relative to athletic and social activities within and without the Law School concerning SBA members. Placement This committee acts as the liaison between the SBA and the Placement Office. Making It Through Law School narrow of law school. Chapter One concentrates on "First-Year Trauma", which basically is a general feeling of ego decimation coupled with high anxiety. Magazine, Ltd., Publishers, This occurs when one is con-' New York, 1982) fronted by the Socratic Method, intimidating law proA Critique by Michelle Wong fessors, the case study, and law school "exammanship". Davis To the neophyte, the study tells how to combat and conof law is veiled in a quasi- quer all of the above. Racism in the law school enmystical aura pierceable only vironment is touched upon. by a select few. Incomprehensible legal jargon, procedural Davis states that "racism formality and labyrinthine permeates American society legal reasoning contribute to and its institutions, therefore it the layperson's perception of would be silly to expect not to find any racism or its the law as such. For the first-year law student manifestations in law school." confronted with the for- Mainstreaming into the mamidable task of mastering the joritarian environment is ad"ins and outs" of studying the vocated by the author. This, he law, this can be a harrowing ex- says, helps to prevent isolation perience. For the minority stu- within each ethnic sub-group dent who may come from a and also fosters open lines of "social, economic or cultural communication between disadvantaged background" minority and majority the assimilation process can be students. The frame of reference doubly difficult. To aid in the acclimation process, a U.B. which the author writes from is Law graduate, J.P. Davis, has the ÜB. Law School. His work with peppered authored a handbook entitled: is How to Make it Through Law acknowledgements of help School: a guide for minority and support to several proHow to Make it Through Law School: a guide for minority and disadvantaged law students by J.P. Davis (Conch . |j grams, with the rest of the gathering of students last funds available to bring in two Wednesday, states that the or more speakers for the entire handbook, "written by a student body. minority student who made it is through law school. Rules Committee designed to tell and show Consider all amendments to others." And indeed it does the Consitution and Bylaws of This is a comprehensive comthe SBA and submit its recom- pendium encompassing both mendations on same to the the academic and social Board for action, and review aspects of dealing with and in activities and make recomlaw school environment. mendations to the Board on A reader is provided with a the following duties of the substantive and procedural Board: Supervision and coor- road map, guiding the Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for admission, arranging the structure of the first-year Legal Methods program, and pro- dination of all activities of duviding counsel/ and wisdom to i ly approved and recognized den,, is Chairperson Organizations, student recognizing such organizations, affiliating with other law-oriented organizations, and summoning a student organization for violation of this Constitution or of any rules promulgated in pur- at ÜB. including Pro- Msn Emeritfjs £aqpjf flyman, who" currently 'oversees the Legal Methods Program. As a component of the Special Admissions Program, U.B.s Legal Methods course is composed of predominantly minority students. When recently questioned about the effectiveness of "How to Succeed in Law School" manuals, which are aimed at minority students who may be disadvantaged academically, culturally or socially upon entering the law school, Professor Hyman uninitiated and the flounder- responded that these books ing through the hidden pitfalls are "generally effective in helping those students the gap, but are not a ticket to an 'H." He stated that "they are generally insightful, but should be chosen with care and discretion based on the differing views and perception each author presents." As a second year law student who has successfully negotiated the travails of the first year, and as a minority student, this reviewer found that the manual is on point in several ways. First, it serves as a tool for law students to use in order to cope with the rigors of academia. How? By drawing on the resources of someone who has "made it" and recycling valuable first hand insights and knowledge. Second, the manual can be viewed from the perspective of a mentor-protege relationship. Presently, ÜB. has only one black law professor. Consequently, many minority students feel that a vacuum exists; there is a dearth of rolemodels. Certainly, inanimate manuals cannot supplant a living teacher-student relationship. if resources are available, they should be utilized as second best avenues to success. Finally, although the author writes with the minority student in mind, this "how-to manual" can be of invaluable help to all students entering law school or presently enrolled. Heavy emphasis is placed on law school exammanship, which, as we all know, is the bottom line for grading purposes. Whether you are a neophyte first-year law student, or a jaded second-year student, a perusal of Davis' "How to.. ." manual may prove to be of invaluable assistance. �BAR/BRI DISCOUNT DEADLINE: October 13th Freeze the price with a $50 deposit (to be applied towards the full cost) JD-LjLJV / JD JVX is the most popular course at every law school in New York State. In fact, twice as many of'Buffalo's graduates took BAR/BRI last year than all the other courses combined JJ/vK. / JoJxl continues to grow because people are very satisfied with their results. BAR / BRI will get you through the bar exam — ask us the reasons why. BAR/BRI representatives: Carol Cuck Jan Davidoff Carmelo Batista Susan Cray-Donadio Ann Demopoulos Leander Hardaway John Curran Chris Renfroe Kirn Crites Judy Holender Molly Zimmermann Rick Roberts Irene Hirata Sherri Samilow Sara Hunt Joe Ruh - Tom Ginter Steve Sheinfeld Mark Reisman Julia Carver Ron Osson Karen Russ Jill Paperno Jon Solomon October 5, 1982 Opinion 11 �Commentary Fans Are The Real Losers In NFL Strike by Glenn Frank When contract negotiations between NFL team owners and the NFLPA broke down last month, the players devised an interesting motto: "The players are the game." The owners, as could be expected, declared that such a notion was ridiculous. They argued, and indeed continue to stand by the position, that without their investment capital there would be no such entity as professional football, and that they in fact are "the game." Both sides, of course, are wrong. It is the fans who are the game; the people who pay ten and twelve dollars to sit in cold stadiums and the people who sit entranced by their television sets each Sunday afternoon and every Monday night. And it is these same fans — these people who are "the means for "selling". Over the course of the next 15 years, commercialism began to invade every aspect of the sport, from college to the pros. Colleges began contending one another not because they were traditional rivals but in hopes of getting on national TV. and earning $100,000 for a game. This atmosphere of big business then, began to invade the attitude of the players. They began to show up at the owners' doors with lawyers and agents and distorted reasons about why they were playing the game. Since the professional game had become a sensation on national television and had begun to compete on the set not just with other sports but with movies, sitcoms, and other prime time fare, it was logical for the players to assess their worth against — who while at once angry over this almost inexplicable interruption in their favorite pasttime, should also now be fearful of the future of the game. The game of football, as any team sport, is held together, on the one hand, by the athletics involved, and on the other hand, and perhaps most importantly, by loyalty. Loyalty, however, as it so clearly was in basketball, is being wrenched from the game. It has been replaced, of course, by money and both the big money players and the owners are equally to blame. game" — — The transformation of the sport into big-time corporate business is easy to follow. When the old AFL became a viable business organization, the corporate business world began to see football not so much as a sport, but as a Law School Team Victorious by Glenn Frank Once again this year the law is being ably represented on the intramural football front by NICE PEOPLE WHO CARE. While the team has underg( ie several personnel changes, the cure of last season's league semi-finalists remains intact. John lacovelli, last year's coach and starting wide receiver, is back and caught three passes in this year's opening 12-6 victory. The hero of the game for NPWC, however, was Joe Ehrlich who stepped in front of a sideline pass in his own end zone and returned the interception 60 school yards for a touchdown. Lou Algios, the 1982 coach, said "he saved us. Our offense was lousy." Other players back from last year's 8-1 team also contributed to the win. Dave Addelman, the team's leading receiver had four c\tches, and Mike McCorry, Danny Welch, Mark Tuffalo, and Matt Skoteck shored up the defense crease our offense before the playoffs start though. We may be trying several different guys there in the next few weeks." McGorry said, "I don't think there is another team from the law school playing this season. We'd better win the league it may be the last anybody ever hears from O'Brian Hall." He concluded by echoing the consensus of the team: "A little support from law students probably wouldn't hurt us some law school enthusiasm would be refreshing." — allowing their opponents within the twenty yard line only twice. The team's next game will be played on Sunday, October Barring a strike, we can look 9th. Algios said, "We've played the toughest team in our divi- forward to NPWC bringing the sion already, so we should win law school home a championour league. We have to in- ship trophy. — not in comparison to past — owners wr re able to pay their players and continue to turn a profit. In fact, the machinery of this new commercialism seemed to work so well that the owners were overcome with an unbecoming attack of greed. Suddenly football, rather than a sport was a convenience; it was an entertainment medium like any other, though peculiarly suited to pushing cars, shaving cream, and beer at outlandishly extravagant prices. And because there was so much money to be made, the OPINION «#- Tke Pieper h[ew York State ~ Multistate Bar Review offers an integrated approach to the h{ew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will he prepared and confident. in California (no names, but the company is now on trial in San Francisco for falsely advertising a diet aid) has begun to market a new device designed to automatically slim the waist, increase the bust, and remove celluloid from the thighs, all in just 10 days. The device is made up primarily of several pieces of pliable rubber which are wrapped around the appropriate areas and held in place by small velcro straps. These pieces are, in turn, each attached to another, longer, rubber section which is then attached to one's vacuum cleaner. It is unknown, however, whether this machine is designed to remove flab by having it inhaled into the machine, or Donna Humphrey Wanted: Writers Photographers Artists 1517 Franklin Avenue Mineola, New York, 11501 (516)747-4311 Limited Enrollment. Early Registration Discount to Dec. 1, 1982 SPORTS whether the vibrations of the vacuum cleaner are a supposed substitute for exercise. Sports Quiz 1. Name the only pitcher to pitch to both Babe Ruth and Mickey Mantle. 2. Which professional sports franchise has gone the longest without winning either a division or league championship? 3 Which NBA team holds the league record for most victories in a season.? 4. In what year did the Chicago Bears last win the NFL Championship and who were their opponents? PDEPER NEW YORKMULTTSTATE BAR REVIEW It Speaks For Itself. Representative become public. A" game kept substantially pure to this point in time due to a perhaps false public perception of team loyalty by players and owners alike, can now, as a sport, look forward to the same mistrust from fans that the players and owners have for each other. There is simply no longer any reason for the fans to think that either the players or the owners are doing what they're doing out of love for football. The game has truly become simply a vehicle for ever-expanding markets. No Comment Dept. A sporting goods company RES IPSA LOQUITUR interest in acquiring a piece of football skyrocketed. Due to the increased money making value of a team, the cost of each franchise exploded. Tampa Bay, for example, was charged 18 million dollars to come into the league in 1974, whereas Art Rooney bought the Pittsburgh Steelers for $300,000 two decades earlier. Unfortunately, since the price was so high, only investors with huge capital surpluses could afford a franchise and the result was, of course, that, to the owners, the game, during the sixties, seemed suddenly strange. Team bottom line became more impayrolls which had averaged portant than the product. approximately $400,000 in Until this year, fortunately, 1960, had exploded in the late the disease which has infected '60s and throughout the sevenfootball had remained ties. By 1980 the average team somewhat dormant. Perhaps salary total was nearly 4.5 the athleticism and the spirit million dollars the of the game itself somehow equivalent of running a factory kept the big-money curse far of 320 employees each of from the field at game time. Suddenly, however, the greed whom make $300 per week. new which has been eating away at Still, because commerce which had come to the underpinnings of the game professional football, the for the past 15 years has now athletic salaries, but with salaries paid to other entertainers. Very quickly the commercial norms had reached the players themselves and the norms were always for bigger and bigger money. The result, of course, was that the players were no longer completely interested in the teams they were playing for, or in their fans. Rather, they were consumed by the money they could make. For the owners as well the at Contact Opinion room 724 O'Brian 5 When the first NFL players union was formed, what were its original original demands? 6. Which were the first four teams to win baseball division titles after the National and American Leagues each split into two divisions? answers on page 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-10-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3b621bc44e4af689a322de1ef8090e1a.pdf 92ed20f9880b878b959ec01f391edee2 PDF Text Text Desmond Competition Inspires Aspiring Advocates by Wendy Cohen Moot Court Board members re"Last year, 120 people competpresent the school in competied. It's great experience in brief Dressed in their best suits, shoes tions across the country. While writing and oral advocacy skills. shined, knees shaking, notes neat- third year students who participat- It's good experience for anyone to ly written out on index cards, over ed previously are free to compete stand up in front of people and a hundred students will partici- again, Molly remarked "I noticed present a case," said Molly, who pate in an annual rite of passage maybe one team repeating reached the semi-finals last year. for second year students: the generally because it takes so much Last year's problem presented the Desmond Moot Court Competi- time." question of whether a contract tion. Approximately 68 teams will be between a surrogate mother and "This is a very well run competi- participating in this year's compean adopting couple was valid, and tion, as well run as any in the tition. Each team prepares a brief involved issues of family law and country," declared Charles Des- jointly, and then argues in front of contracts. mond, former Chief Judge of the local attorneys recruited as judges Commenting on the quality of New York Court of Appeals for on three different nights. Each students he has seen in the finals. whom the Competition is named. team argues "off-brief" at least Judge Desmond said "The stuJudge Desmond, UB Law School once, largely, Molly noted, be- dents do extremely well. Many do Class of 1920, will join Court of cause it's traditional in moot court better than front of in jobs lawyers Appeals Judge Matthew Jasen, competitions to argue both sides the He added Appeals." Court of Appellate Division Judges Dolores of the problem. Four teams will be — Denman and Michael Dillon, and Dean Headrick as judges for the Competition's final round. While Moot Court is open to both second and third year students, most competitors are juniors because membership on the Moot Court Board is not open to seniors. Third year students are eligible to go on to the finals, but Moot Court Board Director Molly Roach explained they are not considered for membership on theBoardbecause "they'd only be in schoolfor one more semester." chosen on the basis of brief and oral argument scores for the semifinals, and two teams will go onto the final round on Saturday, November 13. Students who have entered the Competition are now in the process of researching this year's problem, devised by the Moot Court Board. This year's problem revolves around a state prisoner who was sedated with drugs while in the prison's infirmary, allegedly in violation of the constitutional prohibition against cruel and unusual punishment. "that might seem a sweeping statement,but it's true,"and other judges at the Competition have reached the same conclusion. He noted, however, that students get valuable experience from the Competition "without being in the finals." One thing that often worries students before oral arguments is questions how many will the judges ask, how hard will they be? "A judge reads his briefs in advance, judging is his business. In a real appeal, he asks questions for — further elucidation, maybe he doesn't quite understand a point the lawyer is making," said-Judge Desmond. In Moot Court, however, the questions are part of the training, designed to turn out competent and well prepared lawyers, said the judge, who teaches an appellate advocacy course in the spring semester at UB Law. Local attorneys will serve as judges in most of the Competition's early rounds. "Last year, about 300 Buffalo lawyers came out and judged," said Molly, who explained that the Moot Court Board maintains a file of attorneys who have expressed interest in judging in the past. Students seem to be looking forward to the Competition with mixed feelings. Second year student Joanne Leegrant, whose husband will be one of the judges, said "I'm definitely doing it for the fun of standing up there and seeing how easily I intimidate." Joanne, who noted that her husband won't be judging her, added "If I'm going to make a fool out of myself, I'd rather do it now then when I'm doing this for real." Commenting on the value of the experience, Barb Barton said "It's good practice for trial work, an opportunity to prepare a briefand bring it in front of a number of people." Turning to the amount of time involved in preparing for the Competition, she added "I think you can take only four courses, though." Also concerned over the question of the time the Competition takes up, Tom Bantle suggested that the Competition be held during the summer or between semesters "when people have more time," to adequately prepare. He continued, adding that while students certainly get research and advocacy experience from the Competition, "a lot depends on the feedback the student gets, the quality of the judging." And Tim Prosperi commented that the fact brief writing and oral arguments are part of the required first year program reflects the importance of improving research and advocacy skills. He added "I also think employers look on it favorably —MootCourt is a practical side of law school." The Desmond Moot Court Competition is close to fifteen years old, estimates Professor Ken Joyce, faculty advisor to the Moot Court Board. When Professor Conl. on p. 6 Opinion "The function of a free press is to comfort the afflicted and afflict the comfortable." H.L. Mencken — Tuesday, October 26, 1982 State University of New York at Buffalo School of Law Vol. 23, No. 4 Yankee Marcus Reflects On Law, The South & The 60s School of Public Affairs. As the following interview indicates, Prof. Marcus hasn't lost any of her "My daughter didn't take the energy or enthusiasm in her move lunch I made her today," Prof. ÜB. Isabel Marcus remarked at the to beginning of a recent Opinion Q: Why did you choose to come interview. Her remark introduced to UB? A: My reasons are several. The one of the many roles she has faculty here is doing work that I assumed. Marcus recently spent five years am interested in and is approachon the faculty of the University of ing it in a way that I find compatiTexas at Austin, where she taught ble with my training as a lawyer in the School of Law and in the and social scientist. I think it is also government department. In her important to live in different parts spare time, shealso taught several of the country. I spent fourteen courses in the Lyndon B. Johnson years on the West Coast andfive in by Kathleen O'Hara Jim Newman Is Fondly Remembered by Mike Reilly I first got to meet Jim about four weeks into our first semester last year. It was at a mixer for the PAD fraternity in the first floor lounge. They had a keg of beerand itwas a good opportunity to get to know some of the faces from class. Jim was excited because he had just gotten approval to circulate his petition for a maritime law course to be taught at school. Jim had a very specific goal in coming to U.8.; he wanted to become a maritime lawyer. When I mentioned about the general lack of shipping activity in Buffalo, Jim saidthat he would like to take some advanced courses at Tulane University and 1 then practice where the maritime action — was possibly New Orleans. We discovered that we had more than a few things in common. We're both about the same age, Jim would have been 35 on November 18. We had both worked at the "U.B. South Campus" in 1970. (The U.B. South Campus was Bethlehem Steel's coke ovens, where we had both worked for the same foreman.) Although we had not met previously we found that we also knew many of the same people who were around Buffalo at that > time. For one reason or another fim and I were the last two to leave the PAD mixer. I left feeling very pleased that I had met Jim and that Com. on p. 6 the South. And although I was born on the East Coast, I haven't livedhere since I was twenty years old. It seemed time to come back and focus on part of the country that I had left in a fit of youthful rebellion. Q: How did you end up in Texas? A: I went to California in 1962 because I believed that the East Coast was antiquated and no longer a frontier. But after being in San Francisco for fourteen years I felt that one could become terribly parochial living in the Bay Area. Berkeley was a very comfortable community in which you could become self-righteous and act out all kinds of wonderful fantasies and wonder why the rest of the world didn't see or do things the way we did. That's all quite fine, but at some point you have to ask yourself why isn't the rest of the world behaving this way? In order to test that out, I decided to try the Southwest and Texas as a frontier. A frontierisa mixed bag. There are different rules governing behavior, but I'm glad I went. Q: How were you received in Texas? As compared to here, is there much of a difference} A: The reception I had in Texas was more complicated. First of all, Texas is a very cohesive sort of regional culture. There's a real insider-outsider distinction there, and that affects the perception of newcomers. There are limits to what one can do. One can havean impact In Texas political life at a certain level, but if you don't have a birthright you are not an insider. - LABOR LAW PROFESSOR ISABtL MARCUS That's not to say that I wanted to become an insider, but it became apparent to me that should I ever desire to become an insider, it wasn't an option that was open. Both living on the East Coast and living in California I never really experienced that. The initial perception was that I wasa Yankeeand an outsider. That I had lived for fourteen years in San Francisco didn't matter. People would say, where are you from, and I would say San Francisco, and they'd say, "no, where're y'all really from?" What they were aiming at was confirmation that I was a Yankee. Now that doesn't mean that one is shunned. It does have an impact on what kinds of action one can undertake and with what kind of success. Secondly, there is a strong feminist political community in Texas. There was some very interesting work that I could do as a feminist there. By and. large, women in the South have (earned to get their way by a certain amount of guNc and deception. I don't use that negatively. It's a employed for women to get theirway in a very macho culture. I think I was important to a number of female strategy which is students in thelaw school because I stood for another way of doing things about which, I think, they had some ambivalent feelings. I think many of them were both intrigued but also skeptical that it might not produce results, even if providing one with a greatersense of honesty, rather than being a good ol' girl acting out behaviors which were understood to be inauthentic.So in that sense, there was a certain kind of acceptance coming from the women's community. I think it is very dear that if you have a certain set* of political beliefs in a place likeTexas you are not, as we would say in the law, fungible. People whoare politically more progressive, basically are small identifiable communities who need help and who need numbers. It's harder to come to Com. on p. 5 �Letters to Editor-in-Chief Earl R. Pfeffer Managing Editor Your Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Photo Editor: Arts Editor: Business Manager: NYC Program Reaps Benefits organizations (Legal Aid Society, so many editorial {Opinion, Oct. 5) Buffalo when we havethe City?" Civil and Criminal Divisions), and in law schools was a good one in that it captured better most Big Eight accounting firms. When not one of our second-year many of the problems and frustraAlthough not each of these emoffer from job a received tions facing law students looking students Glenn Frank News Editor: Feature Editor: the Editor Frank Bolz Contributors: Wendy Anne Cohen, Mark Frankel, John lacovelli, Kathleen O'Hara, Mike Reilly, Lou Roper, )ud Weiksnar. • Copyright 1982, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of NewYork at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily thoseol the Editorial Board or Staff of Opinion.Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Editorial Speak For Yourselves firm for the ployers comes every year, most for jobs in today's tight market. a major New York City to try come when they are hiring. Not we decided 1979, of Although it made many fine summer It was one of them had previously come points, there are a number of the New York City Program. to be on campus to meet our students. an begun experiment, as benefits of the NYC Program This year, 78 third-year students be which were not mentioned. Also, scrapped if it did not prove to and 45 second-year students had productive. we are concerned that theeditorover 450 interviews granted. not been have The results may ial may have discouraged some is always an imbalance (There they but certainearth-shattering, students from using the Placement between the classes, since many and, we Office who can benefit from its ly have been positive continuing. employers do not have summer it worth make believe, two we reasons, services. For these Over twenty-five large and programs and therefore see only would like to add our thoughts. medium-sized law firms have met third-year students). Some stuYork was City Program The New time dents had only one or two interbegun four years ago simply Buffalo students for the first Because we views, and some had several, but Program. the in through that because legal employers each of these 123 students had at least half to for at area refused to interview on require firms stay least one opportunity they probaminimum of see a they must naturally day, a fact which a campus, would not have had without day bly full many stay a nine students; made our students rather unhapNY Program. The effect goes send the twenty. Others finally had and see to up Buffalo py. Although deeper than the "top 10 much to more one interviewer than placed its first student directly into percent." Since less than half of meet even more. a large N.Y. City firm in 1977, the In addition to law firms, the each class has a desire to go to School was still not very well accepted. Firms, governmental Program has attracted govern- New York City, at least one-half of ment offices (New York City the interested third-year, and agencies, corporations, and accounting firms were not giving our Corporation Counsel, the NYC one-third of the interested students the attention we thought Dept. of Investigation, NYS Attor- second-year students got interney General's Office, SEC, Nassau views. they deserved. In addition, stuIt is very difficult for us to tell were of the upset because Co. D.A., Manhattan D.A., and the dents general lack of knowledge about U.S. Attorney's Office), corpora- exactly how many job offers result our School in the Big Apple and tions (Morgan Guaranty Trust, were annoyed at a question con- AT. & T., Metropolitan Life Insistently being asked at interviews surance Co., and ManufacturersConl. on p. 3 there: "Why would you ever go to Hanover Trust), public interest In a letter to University President Steven B. Sample (reprinted in last Wednesday's Spectrum,) SBA President Jill Paperno stated the SBA Board's position on the issue of a student-funded union. "The SBA believes," she said, "that other sources of funding should be considered before any decision concerning financing of a student union is reached." We agree; our Editorial Board also believes that Albany bureaucrats may benefit, and U/B students may be shortchanged, by a hastily-negotiated agreement that assigns to students costs that the state should be bearing. We are especially concerned that this unprecedented appropriation of student money for a capital project will go for a building Last week Joanne was assaulted arrested in connection with this that may not even be started while we are students here. We think that it's important at by another law student, male, in incident. A student at this law Unfortunately, Paperno went on to say that the SBA "Board of Directors agreed that unless other sources of funding are this juncture to state that thisletter front of the Library. Rumor has it school, who is not personally examined, law students will not endorse any student union grew out of conversations we had that the assault was provoked acquainted with Joanne, is purfunding proposals." We emphasize the words "law students," with the female student involved when Joanne spit in the other ported to be a friend of one of the because we feel that no officer of SBA, and not even the entire (who will be known hereafter as student's face. Since most of us alleged attackers. Presumably as a SBA Board, can commit "law students" on an issue as sensitive "Joanne"), and is an attempt on were not there at the time, we can service to his friend, he provided as student union funding. Although our editors agree with the our part to clarify recent events. only speculate as to who did what one of the defense attorneys with information about Joanne, includopinion expressed by Paperno, we will not attribute our We feel it is also crucial to bring to first. What is of greater importance is ing names and numbers of her position to anyone other than ourselves. It would have been light a variety of issues that so preferable if the letter to Sample had been representative of many students at this law school the impetus for this altercation. friends. This information was The facts as told to us are as given to a private investigator an opinion voiced by all of the students. As things stand, the ignore in the search for the "rule views of law students who may disagree with the stated of law" and the provision of a follows: Several weeks ago, hired by the defense attorney. Joanne was sexually assaulted by position (who may feel that expediting construction of a vigorous defense. Joanne was told who was giving centralized facility is worth the cost to studentsand should not Recent events at this law school three men. The Buffalo Evening this information out and apparbe delayed further by still more inquiries into alternative have necessitated another look at News of September 27, 1982, ently encountered this student in sources) may not be heard. our roles as attorneys and the reported that Mark Humphrey (an the mail room. Presumably (and We believe that only law students can speak for law relationships we have with others MBA student at UB), Angelo students, and we'd like to offer you the opportunity to do so. in, as well as outside, the profesConstantino (a medical student at Cont. on p. 6 UB), and Steve Whelan were By participating in our "Opinion poll," you can, with a few sion^- ■ snips of a scissors and strokes of a pen, express your view on this critical issue. The response will, we hope, be a more valuable barometer of law student sentiment, to Albany and studenlNo the other student governments here, than any "official" SBA statement or Opinion editorial could be. Needless to say, however, your individual voice will mean all the more if it's part ofa collective yell; therefore, encourage your friends and ALL LAW STUDENTS ARE INVITED TO PARTICIPATE colleagues in the law student body to participate in this poll as well. We will tabulate and announce the results as soon after 1) In your opinion, is additional centralized student union space needed on the this Friday's deadline as possible. Amherst campus? Harrassment of Victim Deplored -- Opinion Poll P) (§) LAW STUDENTS VfISM <^m^ FACULTY & STAFF: YOU ARE INVITED TO THE 4th ANNUAL c««t \ \ AY Department stkfi Urn Library frktoy.ft* 2f W« supply the \ 1 7? \) // «*,,,,, y°u £°ppty -the ideas/ Yes No Undecided 2) If a new, centralized student union were to be approved, whichof the following concerns would be more important to you? Completing the facility in the shortest possible time Completing the facility at the lowest possible cost to students Undecided 3) Should the university's student governments sponsor a referendum to resolve the student union question? Yes immediately but not necessarily immediately Yes No Undecided such a referendum were held tomorrow,and the proposal called for increases 4) If in student fees, how would you vote? Yes Yes, if the proposed increase did not exceed $ per semester No —— Undecided TO PARTICIPATE Please give your response to all four questions; note especially all optional replies to question (4). Each currently registered LAW student may submit one response; to protect the integrity of the survey, we ask that you write your student number in the upper right hand corner of the ballot. (It will be removed before your vote is recorded.) Submit yourresponse to the box provided in the the deadline for entries is Friday, October 29. I !. Opinion October ib. 1982 2 iri r t Irwi if . t1 �Women Deride Sexism In Job Interviews by Association of Women Law Students of or existence of * Number children, and/or childcare ar- Job interviewers who ask questions that are not job-related,and which have an adverse impact on Use of birth control methods, * or current or planned preg- women or minorities are violating Title VII, and thus may be guilty of discrimination. Certain law students have endured such prohibited questions or sexist remarks by interviewers. In response to complaints from affected students (both female and male) the Association of Women Law Students (AWLS) has initiated an education campaign directed towards students and employers. The goals of the program are: 1. to inform students of their rights; 2. to notify employers of prohibited behavior; and 3. to identify employers who continue to ask prohibited questions. Com entaryScapegoat by John lacovelli rangements nancy Any questions relating to the * applicant's sex Of course, the following discriminatory questions are also prohibited: relating to race, * Questions color or ethnicity * Questions about national origins * guage Questions about native lan- about age, except * Questions to determine if you meet the minimum working age requirement aboutyour status as * Questions a property holder I. Informing Students about your dis* Questions The following areas of prohibitcharge from armed services ed questions are taken from the August 1982issue ofCommunicat11. Informing Employers ing EO/AA Goals, which is posted AWLS has prepared a letter to on the 309 Board. Save a copy of send to all employers alerting this list, and you will not have to them to our concern. AWLS hopes fight your way through thecrowd that employers are aware of the to read the newsletter. restrictions on them; our letter Prohibited sexist questions in- should encourage them to stress clude questions about: such restrictions in preparing their Marital status or plans interviewers. * 111. Additional Pressure AWLS has designed a short questionnaire about sexist interviewing practices. The one-page questionnaire is available in the Placement Office. If you have been subjected to sexist questioning or other treatment in an interview, please complete the form, identifying the employer, interviewer and describing the event(s). Employers whose interviewers are repeated offenders will be contacted again. By identifying the issues, AWLS hopes to begin to eliminate the problem. Placement Offers Assistance... Cont. from p. 2 because both employers and studentscould be better at returning our feedback questionnaires. Last year, about two-thirds of the firms replied. From those that did, we learned that 25 offers were made. (We think there were additional ones made by the 11 firms that did not respond, but aren't sure). In all, approximately 20 individuals received those offers. At least 16 accepted and therefore got their jobs directly through the NYC Program. Seven other third-students received offers from firms they had met a year earlier, with five accepting, for a totalof 21 employed. Some of these positions were with employers who had not hired Buffalo people before the NYC Program had introduced them to our School, and many were governmental and public interest agencies which look more closely at practical skills and commitment than grades. Since a number of these students received no other offers, they are very supportive of the Program. The NYC Program has had many other positive results. Each spring we send over 2,000 letters to firms, corporations, government agencies, and public interest agencies across the country encouraging them to consider our students. In those letters we refer by name to the participants in the NYC Program, since so many of them are known nationally. We have had a very positive response and attracted new firms to our campus as a result. In addition, the NYC Corporation Counsel's and Manhattan D.A.'s Offices, which first met our students in the Program, now conduct their interviews on campus. Our alumni in New York City are delighted with the Program and enthusiastically encourage us to continue mailings to theirarea which refer to the Program and list past participants. Alumni feel it , has greatly increased the Law School's prestige especially among attorneys who hire on a regular basis and/or are knowledgeable about law schools. Questions derogatory to UB have virtually disappeared. The second part of the editorial which concerned us was the advice thatfor students who want small firms, small cities, or public interest law "a reliance in placement would most surely be misplaced, for the hiring opportunities within those areas of the law are as unpredictable and uncertain as our economy." We certainly agree with the difficulty involved and the energy required, but feel our office can be helpful to almost all students. Students who have the firms coming to them need our assistance mainly with resume preparation and development of interview skills. The majority of the class will be involved in a more difficult search and therefore needs our assistance to a much greater extent. They, too, can benefit from our interviewing programs and resume workshops, but should take advantage of our other services. They should read the Newsletter which we regularly publish, the periodicals to which we subscribe, the books in the Placement Library, the bibliography of numerous reference and informational publications available as aids, the Handbook developed this year (especially p. 10-25), the Job Book and Job Board, and the various lists and handouts produced each year. Attendance at career days,general information programs,and participation in the One-to-One program is also very important. As graduates they can continue to take advantage of our services by receiving our monthly "Employment Bulletin" of job listings, and by contacting us personally. It is extremely important that all students come to see us. We have worked closely with many over the past few years, and have acquired a number of useful tips on job hunting, as well as a good ideaof what approaches work best in various situations. We can help spot strengths and weaknessesand can assist in using the former most effectively while minimizing the latter. In short, we can help a studentdirecthis "creativehustle" where it will be most productive. Finally, we are aware of the frustrations of the job search, the pain of rejection, and the fear of unemployment, as well as the negative impact of all three. We can be the friend that listens patiently and then gives the push needed to get rolling again. It does not take mucheffort or time to see us and it might be very beneficial. Alan S. Carrel, Associate Dean for ExternalAffairs Audrey Koscielniak, Assistant Director of Placement All students are invited to interview to become members of the American Bar Association committee here at ÜB. Interviews will be conducted on Thursday and Friday, Oct. 28 and 29; a signup sheet will be posted outside the door to the SBA office. The committee will meet twice monthly, and will conduct a membership campaign and implement ABA-funded projects and events such as legal workshops, speakers and parties. Contact Rob Turkewitz, Box 16, for more infor- Television news shows and newspapers have one major goal: increased viewers/readers which leads to increased advertising revenues. The news we receive is intended not to inform but to entertain. Certain types of stories have been found to be very popular and therefore we see a lot of these stories. T.V. gives us fires, car crashes, murders, and puppy dogs. Newspapers give us crime and gossip. In the last ten years, a new type of story has been discovered that is extremely popular and makes good copy. These are stories chat attack the President of the United States. This new trend started during the Watergate years. Nixon was ripped to shreds by the media and was forced to resign. America loved it! But this did not satisfy our appetite for presidential humiliation. Gerald Ford was ridiculed unmercifully. We reveled in front page photos of Ford falling or bumping his head.We laughed at his Whip Inflation Now campaign and even though it was very successful we voted him out, making him the first incumbent president to lose an election in 44 years. Jimmy Carter faced more of the same. Carter's brother was used to embarass him and Carter was labeled "inept" and "incompetent" by the media. He was also voted out after only one term. It appears that the President of the United States is playing the role of the national scapegoat. In ancient times, people used to blame Apollo or Athena for their economic hardship. In the 1940's and 50's we blamed the communists. Now we blame the President. The media recognizes that attacking the President hasbecome our national pastime so they help us by giving us new material whenever they can. The more material they give us, the more we ridicule; thus we have the vicious circle. The media has continued this practice regarding Ronald Reagan. Much has been said about Reagan's semantic errors during his campaign. These errors always madethefront page. Reagan's catsup comments kept us laughing for months. Newspapers printed photos of Reagan yawning in front of the Pope on the front page. His children are used against him unfairly. His sleeping habits are ridiculed. His speeches and press conferences are always attacked. Most recently, the media proclaimed "Reagan loses his Cool" because he told a heckler to "shut-up," a practice that New York Mayor Ed Koch is popular for. Reagan's image is so tarnished that when he offered to come to New York to campaign for Lew Lehrman, Lehrman said "thanks, but no thanks." This phenomenon has severely hampered the President's ability to deal effectively with the nation's problems. Reagan won a landslide victory in 1980 and yet only two years laterhis popularity is so low that he cannot get most of his programs through Congress. If this trend continues, each future President will serve only one term and the Executive Branch will never be controlled by the same party for more than four years. This instability would be disastrous to our attempts at creating intelligent economic and foreign policies. What can be done about this? We must realize that we are being bombarded with anti-Reaganism from the media which for the most part has nothing at all to do with his performance as President. Weall must decide whether our opinion of the man is based on a rational evaluation of his performance or on our need to blame someone beside ourselves for our problems. Guild Gossip Desegregation Forum, Other Events Planned The National Lawyers Guild-Buffalo Chapter is sponsoring a number of activities this semester. 1. DESEGREGATING BUFFALO: THE PUBLIC SCHOOL SYSTEM COMMUNITY AND LEGAL PERSPECTIVES Speakers: Dan Acker, Pres. of NAACP-Buffalo Norm Goldfarb, Co-Chair of the Citizens Council on Human Relations Richard Griffin, former lead attorney for desegregation suit, past pres. Erie County Bar Assn., currently Chair of Public Interest Law Committee NOVEMBER 4, 7:30 p.m., ROOM 112, O'Brian Hall, co-sponsored by HANALSO and BALSA 2. We are organizing carpools, and may be renting a van to go to the National Executive Board Conference of the National Lawyers Guildin New York City,Nov. 11-14.The Conference will include such workshops focusing on law student organizing as well as a variety of presentations. If you are interested, leave a note in mailbox 568. 3. There is a discussion groupforming to discuss issues concerning the LAWYER AND SOCIAL CHANGE, which will be conducted by one of the attorneys on our steering committee.First meeting will be in early December. Leave a note in mailbox 568 if interested. Coalition for Abortion Rights and Against Sterilization Abuse in conjunction with the National Lawyers Guild will be mation. 4. The Gay law Students Onj.nb.tion WCKfMMI VMM - kiU»r**t*« al— fl—- m meeting tot-id nm 7:3t p.m. Thunday, Oct 21 Roan M7, Taßteit Hail. i■ ■ ■ ■ lor more information, cal CK-M63 or slop by Room 207 Talbert any wee—dayafternoon. presenting two films and a speaker on current issues regarding reproductive rights on November 16. Time and place will be announced. ANY QUESTIONS CONCERNING THE GUILD? ANY ANSWERS? Leave a message in box 568 or stop by our office. Our officeis room 118 (opposite the PURPLE PIT room 112) on Tuesdays between 10 a.m. and 11:30a.m. or Fridays 9:30 a.m. to 11 a.m.' — October 2*. IS*. Opinion 3 �J.D. "Policy Studies" FILM The Insurance Man by Mark Frankel Reviews by John Stegmayer Many of the most successful life insurance salespeople in the country are lawyers. Few of the most successful life insurance salespeople in the country are law students, (however, rumor has it that at least one U.B. law student earns over fifty grand yearly!). I tried it for eight months and made a comfortable living thank you, but have returned to the school fold not having suffered too much for the wear. Gettingthe Job Insurance companies are looking for aggressive money hungry people to sell policies. Race, sex, creed, and education are unimportant to the employer because his earnings are based absolutely on his agents' sales. Law students enjoy an advantage in getting hired because, 1) we have an educational background that implies authority and knowledge, 2) we are considered hard workers, and most importantly, 3) our profession has a reputation for untempered greed. Getting the Job Done My particular employer paid a guaranteed salary and the first month of work involved no more than attending the various training programs required for licenses to sell in New York State. The real thing involved calling people on the phone to make appointments, and then selling policies in the home. The selling wasn't too hard because the 'leads' were drawn from lists of present policyholders whose accounts I was responsible for. Furthermore, most people are unaware, prior to the agent's visit, that they have sufficient interest and cash accumulated in their policies to finance more coverage. Everyone was happy. Policyholders got more for their money, the rookie salesman was surpassing his quota, and the sales manager thought he'd struck gold. After four months the leads were starting to run dry and my sales record was declining. When I refused to call on my friendsand fellow students to solicit business, my manager asked me to quit. It is obvious that one does not quit a job when one is guaranteed an income regardless of one's performance. Were this a perfect world, I could have continued working and drawing pay without selling much at all. Paranoia started though, when it became clear mat many routine practices of life insurance salesmen might not seem entirely ethical to a bar entrance character and fitness committee, (i.e. signature requirements and the like). Quitting fob Quitting can be the most rewarding and satisfying part of any job. For reasons undoubtedly related to the payment of unemployment they compensation, life insurance companies don't fire people chase their employees out. I struck a deal in early July, promising to resign in early September in exchange for a summer free of harassment and sales calls. My present law clerk job pays squat but offers interesting work. Several of my co-workers say my supervising attorney is hard to work with. I hadn't noticed. Maybe working at a life insurance company has given new meaning to the words, hard to work with. — LOOKING TO GET OUT After their Oscar winning efforts in "Coming Home," one had to look forward to any collaboration between Jon Voight and Hal Ashby with high hopes. "Looking to Get Out," unfortunately, does not live up to its promise. The film follows a sorry pair of down on their luck gamblers as they attempt to get a sorrier pair of New York thugs off their backs with a big score in Las Vegas. Ashby has reportedly spent a lot of time in the editing room with this film but he had little chance of salvaging a generally ill-conceived plot or hiding inferior performances. Voight is totally unlikable in his role and although Burt Young tries hard to be adorable ashis sidekick, 4 Opinion October 2k, 1982 . and Norton, each of which stature. Peter O'Toole has followed up his brilliant performance in "The Stunt Man" with a fine comedic effort and possibly another Oscar nomination as Alan Swarm. The movie is all O'Toole's and he captures the audience the way his character captures everyone in "My Favorite Year," a comedy, the film; pulling off successfully may be this year's answer to what could havebeen an impossi"Arthur," but with a more creative ble role in another actor's hands. script and superior performances. O'Toole and a good supporting The film, set in 1954,has an almost cast make this a very enjoyable stylized authenticity as it -raptures film, one which should draw well the spirit of thatera. It focuses on a as last summer's hits start to wane television variety show and the at the box office. GRADE: Q+ attempt by that show's youngest writer to keep the guest star sober and otherwise under control. Blotto And The Blues In Buffalo by luil Weiksnar There have been bigger crowds at the Continental, but there may never have been a more lively one than the crew than turned out to see Blotto. Blotto did not let them down, playing two sets of tonguein-cheek rock and roll, saving their radio hit "I Want To Be A Lifeguard" for the encore. Blotto puts to music those thoughts that most of us havehad but would never think of singing about: "You only want me 'cause I already have a girlfriend"; "Let's eat"; "Who's programming elevator music for the rock generation?"; and, "It's not you, it's your family I can't stand." Blottoadded a touch of theatrics to their music, spoofing a typical heavy metal band and the New Tones, "the band that you've seen at the is the secrets to life, pertain to the inscribed with one of the three sewer. or more specifically, one-word secrets to life. His manholes. Those manholes, underfoot when going for a answer, in edited form, was as delicious meal at Norton, follows: remind us of thosenotedvirtues If I win this. I will feel very of man's destiny: Power, fortunate that other "brilliant" Communications, and law,students procrastinate to a Sanitary!!! I myself. extent than do greater feel that I am somewhat Yes indeed, the three secrets to deserving, having spent much valuable studytime deliberating life are to be powerful, to have on the existences and enigmas good communications, and to be sanitary. Congratulations to Andy associated with living. How and all other entrants. ironic, then, that the answers. . attractive prop but little more. The characters in "Looking to Get Out" are totally unsympathetic and unconvincing. The irregularly paced plot is not helpedby a confusing ending which resolves nothing. GRADE D+ YEAR FAVORITE MY New Waves Hilton Discovers Secrets To Life Two editions ago, the Opinion ran a contest rewarding a night at the BuffaloPhilharmonic to whomever could find the three secrets to life between the law school and Norton Hall. Signs posted last week at several locations in the law school gave a clue that "the secrets relate to the hole man." The first person to submit a correct answer was Andy Hilton, a second year student. The "hole man" dueled the ever-perceptive Mr. Hilton to the "man-hole" covers between the law school Mark Linn-Baker plays the young comedy writer assigned to babysit the guest star, Alan Swarm, a matinee idolof Erroll Flynn-esque I kept hoping for Ratso Rizzo to show up and save the movie (he doesn't). Ann-Margaret is an .. Holiday Inn." There's a freshness and wittiness to Blotto's lyrics reminiscent of the early days of Devo or the Talking Heads. They've just put out an album, "Combo Akimbo," and show no signs yet of taking themselves too seriously, a fate of many bands of their genre. The Fans are a local band that's recently popped up on the club scene. They have a straightforward, New Wave style that's both listenable and danceable. The tunes have catchy titles, like "Meet Clark Kent" and "Diet Pepsi," but the band has trouble sustaining the vitality of the opening line throughout the whole song.With a little more polish, the Fans could help fill the void left by the departure of local favorites Pauline & the Perils and 10,000 Maniacs. While still playing on their own, the Perils without Pauline are like The Wizard of Oz withoutDorothy: a great supporting cast, but nobody bopping down the yellow brick road in front of them. Perils Russ Steinberg and Jeff Helmick, along with the rest of the Jetsons, will perform their instrumental surf rock as the opening act for the Stray [Th« / "■s.l \ Jt ( /v. } three accrete CO Cats when they come to U.B. in November. 10,000 Maniacs are heading South for the winter. They've received a good recording offer down in Atlanta, but will return to Western New York when they're done. If you haven't seen the Maniacs, you might get one last chance before they leave. They're trying to work out a deal to play at one of the campus Halloween parties, so keep your eyes open. Until last Tuesday, I thought you had to goto the Continental to see truly spirited dancing in Buffalo. Then, of course, untillast Tuesday, I'd never seen Chicago bluesman Son Seals. Seals and his band proved that the blues aren't just for listening as he got an enthusiastic crowd at the Tralfamadore to dancetheir socksoff for the better part of three sets and an encore. The new Tralf is doing a great job of bringing exceptional national acts to town and staying in range of a student'sbudget. While the closing of theold Tralf, with its cozy, "hip" atmosphere, was like losing a friend, the new Tralf is establishing its own identity. And it's got one thing the old Tralf didn't have room to dance. Ufa — A L/\ Nutehelli, tho Mann method, end finding ■ parking space. /C \ ■ft' \1 J �Marcus Returns East Cont. from p. 1 terms with leaving a place likethat for your political and social reasons. I think it is very different here. I would not have the sense of being an outsider in Buffalo even if I don't come from a traditional or conservative community. Q: Why do you teachfamily and labor law? A: It's a very simple sociological proposition that work and family are the two basic elements of any social structure. These are sort of the basic building blocks of any society, so I might as well study them. I will leave it to otherpeople to deal with the more heady and cerebral topics. Q: You have a Ph.D. inpolitical science. Have you done any teaching in that field? A: I taught in the political science department at U.C. Davis while I was in law school. And half of my time in Texas was spent in the government department. Now, I loved that because whenever I got bored with the law school, I just walked down the road to the government department. Q: From which institutionshave you received your degrees? A: I have a bachelors degree from Barnard, whichwasa wonderful educational experience. I was at Barnard from 1956 to 1960 the years when women who understood that they were intelligent lived in great fear that if they permitted themselves to be intelligent they would be punished socially. Barnard was a splendid experience because it was assumed that we would go on to graduate school and do things. In the fifties, for those of us who were troubled by the mixed messages that society was giving us, it was a heady experience to be in a women's college that was committed to a first-rate educational experience for women. Since I had been to Africa between the time I was an undergraduate andbefore starting graduate school, I was encouraged to be in the African Studies field of the political science departmentat Berkeley. So I have a masters degree in African Studies. But like many other students who in the sixties were encouraged to study other countries, we were living in a community that was going up in - that one could do some interest- faculty, sit around and talk about ing stuff in labor law in terms of this. It seems to me that it is not a plant closings, or in pension regu- rigorous methodology, but it is an flames. There was kind of a lation. effort to blend the work of both hypocrisy to tell about what the Q: Do you have plans for Marxist thinkers and people in the Muslim Brotherhood was doing in teaching other courses in the Left tradition, both Marxist and Senegal when the National Guard future? non-Marxist. It is as well a very was on the streetsof Berkeley. Like A: I would like to do a course on provocative blend of European many people, I moved from area pensions and deal with the regulapost-structuralist thought. It tries studies to American politics and tory aspects of it, if I could find a to underminetheliberal paradigm public policy. I received a docto- tax person to do the tax aspects. of the rule of law. It attempts to rate in political science with an The Social Security course should show that the liberal view of emphasis on policy studies and probably be expanded to include politics and power relationships is American government while I was unemployment compensation, used to mask and justify, as well as in law school. and maybe worker's compensaapologize for, injustices that occur in a society. Lawyers are trained to I went to law school for a very tion. I have a fantasy that some day I accept the rule of law as a kind of simple reason. I had become involved with a group of women will teach civil procedure, but I'll given. You basically attack the who were filing a lawsuit against have to think about that. I've heart of legal teaching. If instead the University of California for sex never taught first year students. I of saying, "This opinion does not discrimination. I became inlike administrative law and remecomport with the rule of law," you trigued by what I considered to be dies as well, but as long as they are say, "Let's see what's really going the backwards way in which legal covered, I feel less compulsion to on in this situation," you can reasoning was conducted. offer my services. generate a great deal of hostile Q: So you went to Berkeley? Q: You have also said that you criticism. There is some truth to A: I have had all of my educado work for the National Labor the criticism that things are not tion since Barnard at the UniversiRelations Board. done rigorously, that there is no A: Yes, I am an arbitrator. Since methodology. ty of California. I'm sure that if I had moved around more I might I've just moved here it is going to There is no doubt that the legal have different ways of looking at take some time before I'm put on establishment is not terribly interthings. A lot of my perceptions the list of arbitrators. It's very ested in this type of analysis. The solidified by spending a good interesting work, and of course, it real problem is, what pressures are many years in a community where puts me in a position which I think there? How does a law school, in people really tried to create an a lot of law professors would like which there arepeople committed alternative culture. .I think that to be in, which is to play judge. It's to doing this, deal with the presthose of us who lived in the Bay truly hard work if you are really sures that come from the bar to area in the sixties were altered conscious and aware of what your train people to be lawyers? Trainpermanently by that experience. It own biases might be, or ways in ing people to be lawyers may not was a golden age. I never thought I which you may be reading too mean training people to be critical would find myself thinking that I much or too little into a situation. legal thinkers. I think it's a real had experienced a portion of my I'm not much fun to be around problem for students. It parallels life in such an environment that when I am writing a decision what happened to the legal realists nothing could ever come close to, because I keep reversing over and in the thirties. They spent a lot of comparatively. over again. time unmasking aspects of particQ: Are you doing any work with Q: What are the purposes and ularly judicial behavior.The questhe Policy students? goals of critical legal studies? tion then is, having done that, how A: I have applied to become a A: We, certain people in the do you act as a lawyer in that memberof the graduate faculty so that I can supervise doctoral dissertations. My sense is that policy studies is very fragmented here at this point, being located in different schools. One thing thatI have particularly strong feelings about is the fact that, as a law professor, I often have access or a sense of what types of issues are going to become important in certain areas of law prior to their actually emerging. There's a particular agenda that I have in doing policy studies, that is, trying to figure out things for students which might give them some marketability because the specific thing they would be doing is something that somebody could use, practically speaking. This is particularly true in the women's rights area, but I think situation with that knowledge? Do you endup with some sort ofbasic personality split if you practice law, or can you only practice at the fringe where there are kindred spirits who will be trying to accomplish the same thing?Those people are unlikely to be in key positions in either the bench or the bar in any sizeable numbers. It seems to me that you can trace critical legal studies to a whole generation, particularly to those who are now approaching middle age, as I am. Those who were exposed to critical ways of looking at theworld in the sixties could not make the law as immunefrom that kind of scrutiny. The task is a difficult one, when you try to conduct the analysis. There is no significant precedent for it, and I think the discipline does not take kindly to it. At its best, critical legal studies does something that I think is intellectually exciting. It is not focused nor is it rigorous, but that is what is one of the most exciting things about intellectual inquiry before it becomes rigidified and doctrinaire. Rigid Marxism is no better than the conventional liberal paradigmatic way of thinking they both suffer fromintol- — erance. So that is what I understand to be going on, but I wonder how the students feelabout being exposed to this. The Proven Favorite in New York State New Library Services The Law Library is pleased to offer a series of advanced legal research classes to 2nd and 3rd year students. The classes will run consecutive Thursdays from October 28 through November 18,from 1-2 p.m. in the Looseleaf Room of the Library. The sessions will involve detailed instruction in internationaland foreign law, federal legislative history, and state legislative history. The 4th subject to be held on Thursday, November 18, has not been confirmed yet. Suggestions are (ride the bus with Sheldon Fuss) welcomed. Interested students are asked to sign up at the Reference Desk prior to the scheduled session. It is hoped that these sessions will give 2nd and 3rd year students an opportunity to increase their research skills in these vital and specialized areas. The Law Library hasalso recently added NEXIS, a databaseavailable through the Mead Data Corporation which provides LEXIS to the Library. Through utilizing the LEXIS terminal, the librarians can do full-text searching of selected newspapers, magazines and wire services. The database is best used to search out specific Information, items of a very current or unique area. All NEXIS searches will be performed by the Law Librarians. The NEXIS database is not covered by the educational contract which gives theLibrary unlimited use of LEXIS, and userswill have to pay the commercial rate of $2/minute. Searches can be economically done by using unique words, names or concepts, and by narrowing thefile in which a search is performed. Also, cost should be compared to the time saved in performing the research. The Librarians have been given special training in the NEXIS database and will screen any request to eliminate any that might be inappropriate or financially unfeasible. BAR/BRI October A, I*2 Opinion 5 �tslewrhsfnßemembered... Cont. from p. 1 we would be in school together taking at home and abroad. for the next three years. In the summer of 1969-Jim Jim was born to Paul and Helen transferred to U.B. to finish his Newman on November 18,1947in undergraduate work, with a B.A. Olean, New York. He was the in psychology. During this period youngest of three children, Ann, Jim was an active participant in the Tom and Jim. He attended the student movement. But he also Minor Seminary and later transdeveloped a keen interest in labor ferred to Bishop Walsh where he -issues confronting workers in local finished high school. plants. It almost seems as if he wanted During the next period Jim to follow in his brother Tom's traveled and supported himself by footsteps, as Tom was ordained a working at a variety of jobs. He Franciscan Brother in 1967. Even worked as a carpenter, insurance though Tom achieved his goal, it salesman, and teacher; he drove a was to be shortlived, as he died of taxi in both Buffalo and New York kidney failure in 1968 at the age of City, and worked at Nuclear Fuel 22. Services in West Valley. After high school Jim attended Jim traveled across the United Bonaventure University which is a States, to most of the European local Catholic University with a countries and saw a considerable national reputation for its sports part of Asia India, Pakistan, and teaching. It was during this Nepal. We got to talking about the time that Jim became concerned terrific beauty of the high mounwith the issues that were creating tains one timeand I asked Jim if he controversy all over America, had ever seen Everest. As it turned namely the Civil Rights and the out, Jim had done the walk from Anti-war Movements. Because of Katmandu to the base of Everest. Jim's strong religious convictions This is quite a walk as it is it became harder to swallow the approximately 90 miles one wayl actions that our government was Jim had hiked up to the first base — Aspiring Advocates Prepare For Desmond Competition Cont. from p. 1 Joyce began teaching at the law school in 1964, Moot Court was a mandatory requirement forfreshmen, similar to the informal arguments held in spring Research and Writing classes for first year students now. Professors Joyce and Atleson handledtheprogram, rounding up judges from the faculty and the community. The Moot Court program became voluntary and open to all students in the mid-19605. "Second year students were desirous of having a program for them, so they could take advantage of national Moot Court Competitions," Professor Joyce explained. First year students were allowed to enter the Competition until 1980, which helped to build up and maintain an autonomous and continuous student board, Mr. Joyce noted. However, freshman were barred from competing after 1980 because thefaculty felt it was interfering with their studies. Molly Roach stated thatthe Board opposed the rule change at the time, but reflecting on the issue now she pointed out that the number of second year students competing has increased considerably, and that perhaps the quality of the Competition has improved to some extent. "However, for more than 50 percent of its existence, the Desmond was a freshman and junior competition, and often the freshman won," Joyce remarked. Discussing the positive impact of the Competition, Prof. Joyce remarked that it involves alumni with the school, and strengthens ties to the local legal community. The Alumni Association helps defray some of the costs involved with theCompetition and will also sponsor the awards dinner to be held at theendof theCompetition at the Plaza Suite, located on top ..■I 6 I j 1 Opinion October 2*. I*2 of the M&T building overlooking the harbor. Joyce stressed that alumni involvement with the Competition adds continuity to the program, and the social event at the end of the Competition "leaves everyone with a good feeling." (Asked whether the free dinner is includable as income under the Internal Revenue Code's definition, the tax professor replied: "I'll leave that to your own individual analyses.") Finally, Joyce concluded thatthe Competition also serves to involve area attorneys with the school, "busy lawyers don't usually get to engage in this kind of event. It gives them an opportunity to mix with law students." Third year students who competed last year generally found the Competition to be a worthwhile experience. "For me, it helped me build confidence," said Pat Curtin, who added "I realized there was no trick to the thing, just a lot of hard work and some courage." Pat, a member of the Moot Court Board, added "After thefirst night of oral arguments, the rest was much easier." "I was reluctant to do it at first," said Moot Court Board Member Larry Baer, who enjoyed the oral arguments but said "sitting in the library working on a brief is not my idea of fun." He continued, "once you get over the initial nervousness, it's exhilarating, especially the giveand take between you and the judge. I was glad I did it in the end."Third year student Sara Hunt added "I would recommend it. It's probably the first opportunity in law school to get a feeling of what litigation might be about." The Competition is beneficial, she added, because "it forces you to stand up in front of a group of people and attempt to be persuasive." JAMES hiEWMAN 1947-1982 camp which is at about the 17,000 / foot elevation. The only form of freight transportation on this road is by "yak." Jim's comment was that it was hell dodging all of these smelly animals with the big horns. Jim and Jeanette were married on November 18, 1978 and their daughter Clare, was born on March 24,1980. And as most of you know, Jim started Law school in August of 1981. Although Jim was not the most typical student, he was an active participant in ourclasses in section 1. He had the ability to make a critical analysis of the premises behind the law and its processes. Whether or not one agreed with Jim's principles, I think that most people appreciated him as an articulate spokesperson for those ideals. I think that there was one legal talent which Jim demonstrated most effectively and that was the ability to spontaneously respond to a difficult question. I remember that Jim had been absent during the first week and a half of a particular course during our first year. He had just gotten back from Olean and even have the textbook for the course yet. Jim sat in the back row but as it turned out the professor zeroed in on him with thefirst series of questions for the class. I thought to myself that Newman would finally have to pass on a question. But as the question revolved around a landlord-tenant issue, and as Jim had been a tenant and had experience with landlords, he proceeded to answer the question as if he studied the materialthe night before. During his first year Jim joined the International Law Society and in his characteristic way volunteered to coordinate the Jessup Competition. This is a moot court competition which is based on questions ofinternational law.Last year it was the U.B. chapter's turn to host the regional competition. Jim played a major part in organizing this event and in making it the success that it was. During one of the rounds Jim confided to me and another student his reasons for wanting to become a lawyer; "I'm not handy." He simply meant that he didn't have the mechanical ability to make a living with his hands. At the end of last year Jim was elected president of the International Law Society and looked forward to the role he would be able to play during the next year. (Although there was some concern that he would actually set up house in the ILS office!) Jim had gone to New York to visit his wife and daughter during the Yom Kippur long weekend. On Sunday, September 26, he had a heart attack while walking in Manhattan. On Friday October 1, Jim was buried in his native Olean. One thing that was not well known about Jim was that he was also pursuing a doctorate in English and that he had completed a substantial amount of the course work toward this goal. Finally, don'tbe surprised if you run into a lawyer by the name of Newman practicing public interest law. Jeanette Newman is currently a second year student at Brooklyn Law School. On Wednesday, October 27 and Thursday October 28, there will be a table set up in front of the library on the second floorfrom 9:30 a.m. to 1:30 p.m. A collection will be taken up and the proceeds will go to Jim's daughter Clare. Students and friends are also invited to sign a memorial card which will go to his wife and parents. Letters to the Editor... Harassment of Victim Deplored Conl. from p. 2 understandably) Joanne either gave this man a dirty look, or spit in his face, to which he responded by becoming physically abusive. Why do we say understandably? Since the sexual assault, a private investigator, by the name of Peter Vito, has been approaching not only Joanne, but some of her current and past friends and acquaintances in an attempt to gather information for the defense in this case. Gathering information includes asking a variety of persons about Joannes personal life and activities which include any possible sexual and drug-related activities; showing up at friends' doorsteps at odd hours of the day and night, misrepresenting his identity; inquiring into all aspects of Joannes past; and contacting people whom she has had no contact with for a long time. In short, Joannes whole life is being investigated, questioned and judged. But even with the "protection" of the admissibility of evidence rule for sexual assault cases, evidence is being gathered and certainly will be at least obliquely referred to (most probably crassly stated) in court while Joanne is on the witness stand. The issue here is: in the pursuit of vigorously defending someone, does an attorney have the right, through his or her private investigator, to harass and frighten a victim who has already been the subject of a brutal experience? Regardless of whetheryou even believe a rape actually occured, what right exists to expose someone to such mental abuse? What is perhaps just as devastating as this investigator's behavior is the response and behavior of others at this lawschool. Though it is true that many law studentshave been supportive, several have been heard to dismiss the whole incident with such comments as: "What's she complaining about, she got laidI" And one law professor, who was approached by Joanne for some guidance and advice with regard to the assault by the male law student, offered only the suggestion that she stay out of the building. When she reminded him thatshe had classes, he advised her to stay out of the library. Is it surprising then, given all of these events and circumstances, that Joanne feels as though she is again becoming a victim? But this time thevictimization is theresult of both mis-information, and an administration who prefers to keep its hands clean. And what about the alleged rapists and male attacker? Do we simply ignore their acts because we are not personally involved? But we are personally involved; and so is everyone else in this law school. Rape is not an isolated act, but is an act of violence; the exaggeration of those roles men and women are socialized into throughout life. What incidents of rape in effect accomplish, is to deepen mistrust between men and women. Men grow up learning to be the aggressor, and thinking that when women say no, it means yes. Women are given lessons in passivity. Why should we be surprised then, when we find that one in everyfour women in this country will be raped in her life? And putting aside the male and female distinctions, Joanne is a human being, one who has been brutally victimized, who will live with these experiences for the rest of her life. Compassion for others is often ignored in legal training; we cannot let that continue. One of our responsibilities as attorneys is to develop and maintain a particular system of ethics. Is assaulting a victim (or should we say 'tampering with a witness') the ethical aa of an aspiring attorney? Lorraine Koury Enid Tanenhaus Ellen Sinclair Jill Paperno Amy Ruth Tobol Kathy O'Hara Lynda Rowe-Bursztein Amy Goldstein Michael Colon Rob Turkewitz Vicki O'Reilly Jeffrey Johnson Wilbert Ramos Ann Demopoulos �r »»_.»____________ PASS THE BAR EXAM I Don't gamble with your future - BAR/BRI will get you through the bar exam. BAR/BRI has grown dramatically over the last few years due to its unmatched success in the preparation of New York State bar examinees. 1 1 I | | I | | That's why BAR/BRI is the most popular bar review course at every law school in New York State. Twice as many ofBuffalo's graduates took BAR/BRI last year than all the B - | I | I j I I II I D g B ____tß"____** * other courses combined. ASK US THE REASONS WHY Rick Roberts Jill Paperno Irene Hirata Carol Guck Carmelo Batista John Cunan Jan Davidoff Kirn Crites Julia Garver Sara Hunt Ron Osson Steve Sheinfeld Judy Holender Sherri Samilow Tom Ginter Joe Ruh - 8 ■'" | 1 Molly Zimmermann Leander Hardaway Ann Demopoulos Susan Gray-Donadio Jon Solomon 0 H H Chris Renfroe Karen Russ Mark Reisman _K3B § U Q iKiB BhK3K » �Sports brief Law Students Play IM Circuit [ >�""") OKAY LINDA, f ALL ... / f ' w YOU'RE UP NEXT... NEED IS A BASE HIT : I KNOW IT'S A LITTLE COLD BUT IT MIGHT BE EASIER IF YOU TOOK OFF ONE OF YOUR COATS AND j YOUR MITTENS. Not-so-instant replay Cards Win In Seven by Lou Roper The 1982 World Series presented theclassic baseballconfrontation between speed and power. The St. Louis Cardinalshad the speed and the Milwaukee Brewers possessed the lumber (they had 218 home runs in 1982). At press time,power led speed by 3 games to 2 with the Series returning to St. Louis for game six. Since the Opinion rejected travel vouchers submitted so that an ink-stained wretch might cover the action live, your reporter was reduced to witnessing the games on the "boob tube"with the boobs providing the commentary. Going into the Series, "experts" felt that Milwaukee would be at a disadvantage in close games since the Brewers' ace reliever Rollie Fingers was sidelined with a torn muscle in his pitching arm. Meanwhile, St. Louis manager Whitey Herzog could call on his ace "fireman" Bruce Sutter in the late innings if need be. However, the absence of Fingers may have been telling only in game two. In that game, Milwaukee led 4-0 early, but the Cards rallied to tie the score on Darrell Porter's opposite-field double off ofDon Sutton. With runners on second and third, Brewer manager Harvey Kuenn had to sendfor Peter Ladd to stand in for Fingers. Ladd just missed on a 3-2 pitch to Lonnie Smith and thenwalked pinch-hitter Steve Braun on four straight balls to force home the winning run. However, Ladd returned in game five to save Milwaukee's 6-4 victory and another "understudy," lefthander Bob McClure preserved game four. Herzog had to use Sutter in game three after his other relievers had nearly blown a big lead. As a result, he couldn't use his big man to stave off the big Brewer rally in the fourth game. As in previous Series, therehavebeen surprises. The most dramatic was the performance of Willie McGee in game three. McGee, who hit only four home runs in the regular season, belted two (good for 4 RBI) and added two fine catches in center field for good measure. McGee was formerly Yankee property. He was traded in the last offseason for Bob Sykes, former Detroit lefthander, who at last report was player-owner of the Pocatello Beavers of the Pacific Northwest by Glenn Frank Though the football strike has chances are good." In intramural football the law dampened most law students' enthusiasm for professional ath- school's "Nice People Who Care" letics, the law school has been are still near the top of their extremely supportive of one division. After a disappointing loss UB intra- in their third game 12-6, the sports organization murals. "Participation by law stu- NPWC came back towin their next dents is up considerably," said a two games 12-0and 18-0. With two spokesman at the UB intramural games remaining the NPWC need office. "It may be because the SBA to win only one more game to has taken such an active interest in clinch a playoff spot. "Unless we getting the students out and in- fall apart we will make the playoffs, said Lou Algios, captain volved." In the law school Softball of this year's team. "I think our league, organized and adminis- defense will carry us." Beyond the traditional intramutrated by the SBA, ten teams are still fighting for positions in the ral football and baseball leagues, playoffs. Only one team, as of this however, otheractivities designed writing, was assured of a post to get the sporting bloodof soonseason berth. That team, the to-be lawyers flowing, were or"Hairy Palms," captained by Bruce ganized and/or sponsored by Schonberg, had a 5-0 record. students. The first annual law Some of the other teams near the school tennis tournament, organtop of the standings are the ized by Mike McGorry, combined "Tremendoz" with a 4-1 record tennis andbeer to make what one and who are captained by Rich participant described as a "magWiebe, and the "Team 5," also nificent event". McGorry said, "I with a 4-1 record, who are cap- really think everybody had a great tained by Al Sjaears. One member time. At dusk there were still of "Team 5" stated, "it's going to people sitting around the keg be tight down the stretch, but we clutching their rackets." The "Rahave thebest women in the league quetball Ladder" also just intro(the league is co-ed) so I think our duced to the law school was — organized by Rick Roberts. The "Ladder" scheduled to continue throughout this school year is now headed by John Hart, Kurt Amend, Rick Roberts and Joe Erlich. They are each, however, subject to challenges from the more than forty people participating. And, of course, what should not be forgotten is that while autumn has not yet turned to winter, applications are now being accepted for basketball, hockey and other cold weather sports. Rosters for intramural teams should be submitted to the I ntramural Office in Alumni Hall on the Amherst Campus, and should be accompanied by fifteen dollars in cash. The money is used by the intramural office to insure that teams who sign up, participate. After a season with a limited number of forfeits, the money is returned. There has also been substantial interest expressed (to the Opinion) in starting a squash league or ladder. Anyone interested please place a note to that effect with your name, phone number, and an approximation of your level of ability in box 655. INTERNATIONAL LAW SOCIETY presents The 1983 Jessup International Moot Court Competition Team Competition Coffee House and Informational Meeting Thursday November 4th 1-3 p.m. Ist Floor Student Lounge All students interested in representing SUNY Buffalo in the competition are invited League. EWo — |yp WORD G PROCESSING - TYPING Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing CapaWKty No need lor retyping when editing drafts Al Hiul Copy Printed on Rag ■and It lyprstyles & Symbab lo Choose From Printed lo took like Typeset Don't forget about the Ethics Exam Nov. 12th - Ask us about Irving Younger's Comprehensive CPLR Course. OrTypewriltcn Experienced in doing legal ««orConiplctt Resume Service Work al Reduced Prices Personalized form letters. mailing lists Related Set-ices Provided Xeroxing, Printing, Bulk Mailing Pick-Up Delivery AvaiUble AII Woffc Guaranteed Repetitive * Whether you type or not, PROTO-TYPE can provide you with highest quality work that computer technology can provide. CALL PROTO-TYPE - 883-3348 Ask For Randy BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/22b29cd79e7f5c4e7964a0a1106577d0.pdf a4d4c8c52f66531e7795fef1f46da278 PDF Text Text Panel Addresses Perils of Legal Profession by Mary Ellen Berger "Perils and Pitfalls For the Practitioner" was the subject of the Seventh Annual Convocation of the SUNYAB Law Alumni Association held on Saturday, October 30 in the Moot Court Room. An outstanding panel of experts, comprised of distinguished U/B Law graduates and nationally-known attorneys, addressed a crowd of alumni, faculty, and students on issues of professional ethics and trends in legal malpractice. Following the panel presentation, a luncheon was held at which the Honorable Matthew J. Jasen, Associate judge of the New York. Court of Appeals, was presented The Edwin F. jaeckle Distinguished Alumnus Award. Robert J. Kutak of Omaha, Nebraska, best known for his work as Chairman of the ABA Commission on Evaluation of Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Professional Standards, was the first speaker at the convocation. His address, entitled "Changing Ethical Require- The Disciplinary Committee, zed testimony in a subsequent throughout this procedure, is disbarment proceeding. "guided by a philosophy of After a short break, the open access" to the attorney panel reconvened to address ments," generally promoted of his/her entire file on the recent developments in legal the Proposed Final Draft of the matter under investigation. If malpractice litigation. Robert Model Rules of Professional ejected from the bar, an at- T. Reid, who heads the Claims Conduct, which Kutak's Comtorney must wait seven years Department for the largest mission wishes the ABA to before applying for readmislawyers malpractice insurer in adopt in place of the existing sion; in the Fourth Department the U.S., Shand, Morahan & ABA Code of Professional Reonly a few attorneys have been Co., Inc. of Chicago, informed sponsibility. Kutak lauds the disbarred and none has been the audience that 90% of all Proposed Model Rules as an in- readmitted. malpractice claims are in five tegrated text of enforceable Philip H. Magner (U/B Law areas of law: real estate, perstandards, drafted by consen- '49) of the Buffalo firm Carvey, sonal injury, bankruptcy, famsus and organized for easy Magner and Love, P.C., dis- ily, and criminal. According to reference. cussed strategies of defense Mr. Reid, the profile of a "most Next speaker on the agenda which can be used by atlikely to be sued" lawyer is one was Robert I. Cannon (U/B Law torneys in formal hearings for who has been in practice for 73), Counsel for the Eighth alleged misconduct. Mr. more than ten years and who judicial District Disciplinary Magner highlighted the works alone or in a firm of less Committee in Buffalo. In his available defense of invoking than ten lawyers. This "profile" presentation, "Lawyer Disthe Fifth Amendment right lawyer is most apt to be sued cipline," Mr. Cannon outlined against self-incrimination in in his/her area of expertise, and the procedures followed for in- bar disciplinary proceedings, the biggest complaint most vestigating allegations of at- and the status of this defense often lodged against him/her is torney misconduct and subsein light of recent court deci- failure to keep the client adquently disciplining or disbar- sions which have permitted the vised. Mr. Reid also discussed ring the attorney, if warranted. use of an attorney's immuni- the impact on malpractice of - Opinion the Proposed Model Rules, rules regarding scope bf representation, conflict of interest, and full disclosure. The last speaker at the Alumni Convocation was Jeffrey M. Smith, an Atlanta attorney and author of a book. Preventing Legal Malpractice. Mr. Smith, who has only recently been sued himself for malpractice, outlined strategies and trial techniques employed by plaintiff attorneys prosecuting legal malpractice actions, emphasizing in particular the changing standards of care to which attorneys can citing those be held. After a brief period of questions to the panel, the Convocation adjourned to luncheon in the Talbert Dining Hall, where Edwin F. jaeckle (U/B Law '15) bestowed the Distinguished Alumnus Award bearing his name to Judge Jasen (U/B Law '39). Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." » Vol. 23, No. 5 — H.L. Mencken State University of New York at Buffalo School of Law Tuesday, November 9,1982 HANALSA Reps Attend National Law Convention by Michelle Wong organization will serve as a for political catalyst The stereotypical image of change/reform effecting Asian the Asian American painted by Pacfic Americans across the "the land of Babbitt" was laid nation. One example of that to rest recently when approxcan be seen in NAPALSA's imately 150 law students from position on the racist and Asian Pacific backgrounds discriminatory Simpsonconvened at Hastings Law Mazzoli immigration bill School in San Francisco for a presently being debated. That national conference. Two bill seeks to eliminate the fifth delegates from the HANALSA preference category for organization, which sponsored brothers and sisters of U.S. the trip, represented UB law citizens who are overseas and school second-year student wish to emigrate to the U.S. Michelle Wong and third-year That is just one component of student Tony Craziani. this bill. The National Asian Pacific U/B's presence at Hastings American Law Student's was made possible by a variety Association, or NAPALSA, of funding sources. A proposal sponsored the week-end long series of workshops, panel was submitted to the Budget Program Review Commitdiscussions, guest speakers, and and money was allocated tee judges roundtable, and plenary trip ticket. Addisessions. The theme of this for one round grants were made by the tional year's conference was "Asian NY Regional AALSA Chapters Attorney's in the 80s." The se(comprised of NYU, Columbia, cond national conference's Brooklyn, etc.) and the Student was to primary objective keep Association of U/B. These up the momentum in Bar additional monies allowed a establishing a national umrepresentative to atbrella organization for Asian secondthis important conventend law students across the countion. try. Structurally, each law school across the nation has inQuestions may arise as to dividual Asian American Law what benefit U/B Law derived Student Association Chapters from its support of student (AALSA). These local chapters representatives at the conare then regionally divided. To ference. Depending on one's unify the local chapters across political viewpoint, U/B's gain the country, a national may range from nil to indeterorganization was formed last minable to immense. As a participant, I/tame away with a year. In addition to its role as a sense or accomplishment, framework for all AALSA fulfillment and renewed vigor. chapters, the national As a result of the conference - , U/B received recognition on a Pacific Americans. One aspect national level, by virtue of of the conference was to atU/B's representatives interac- tempt to enhance U/B's reputating with prominent Asian tion nationwide and attract Pacific American judges, at- more Asian Pacific Americans. torneys, law school faculty, administrators, and peers. In addition, one full day of recruitment was set aside for all participating law school representatives. At U/B Law, out of an approximate 900-student body there are less than 10 Asian year's conference participants are in the vanguard of that movement. Once this generation of law students graduates, an Asian Bar Association will Tangentially connected with exist. this year's conference was a A post conference packet tentative outline to charter an will be written up shortly. Asian American Bar AssociaAnyone seeking further infortion; presently there is none: mation should contact me or an ABA exists, and a National Tony Craziani. Next year's conBar Association exists (com- ference will be held at prised of black attorneys). This Georgetown University Selective Incarceration Touted As Viable Deterrent to Crime Pennsylvania in 1982, and the following conclusions were Although the debate on derived from it: 7% of the punishment is a never ending Philadelphia males born in one, selective incarceration, a 1958 accounted for 62% of the system whereby a prisoner crimes committed by that age would receive a prison group, and approximately 85% sentence equivalent to the of the violent crimes. The statistical evidence dictating distinguishing characteristic of whether s/he will commit that 7% was that each had another crime or not, has committed at least five ofby David Allen Cass reached the forefront of fenses. discussion, in view of tests con- ducted by the University of Pennsylvania and the Rand Corporation. In 1972, Professor Marvin Wolfgang and his associates at U/Penn. published a report which said that most of the murders, rapes, assaults, and robberies in this country are committed by a small number of males with a statistically high recidivist rate. The Wolfgang test was repeated at the University of In light of these two tests, one could probably argue that the best way to stop violent crime is to lock up the habitual criminal for longer than the criminal who only commits one or two crimes. The Rand Corporation recently released two studies, ' statistically reenforcing the notion that there exists within society a "class of violent predators", gathers information which distinguishes the characteristics of these "violent predator" type criminals. Their findings indicated that the "violent predators" tended to have begun committing crimes before the age of 16, to have continuously indulged in an overuse of drugs, particularly heroin, to be unmarried, and to have been continuously unemployed. Interestingly, the Chaiken study compares the percentages of crimes committed by hardened habitual criminals with the all other one by Jan and Marcia types of criminals and have Chaiken, and the other concluded that these habitual Peter W. Greenwood, which criminals commit 1300% more support Professor Wolfgang's crimes. Experts claim that the bigcontentions. gest flaw in the Chaiken study The Chaiken study, besides Continued on Page 4 �No Solution to Heinous Legal Problem In a recent letter to the Opinion ["Harassment of Victim Deplored," October 26, 1982] fourteen law students raised several pressing and significant issues about rape and its victims. As the writers of the letter pointed out, these issues are important not only because we will all someday be attorneys, but because we are women and men living in a society saturated with fears of sexual assault: the Uniform Crime Reports released by the U.S. Department of Justice reveal that on the average of once every seven minutes a woman is raped in this country. What makes this statistic particularly horrifying is the fact that it is based on reported rapes alone and may reflect only 20 percent of the true incidence of the crime. Moreover, it is simply not true that most rapists are strange men who stalk women in the street at night. Studies by sociologist Menachim Amir reveal that more than 50 percent of the rapes are committed by someone the victim already knows and that 70 percent are premeditated. And contrary to a common perception, most rapes are intra-racial: white men rape white women and black men rape black women. These statistics suggest rape is more than just a heinous crime; it is a problem which permeates our friendships, our relationships, and oftentimes our families. it But the horror of rape digs even deeper is a crime which frequently leaves the victim shamed and violated by the judicial process designed to enforce justice on her behalf. It is a crime in which the victim is mistaken for the accused in that she is charged with the task of defending her reputation and her honor. As recently as seven years ago, evidence pertaining to the past sexual conduct of a rape victim was deemed admissable in court. But even with the law's subsequent protections against the admissability of such evidence, J.CPL § 60.42;1975] there refnains the prevalent attitude that a sexually active woman can never be raped. This attitude stems from the failure to realize that a woman is entitled to say "no" to a man's advances no matter how she may have conducted herself in her sexual past. (Strangely, the mode of thinking which confers a "bad reputation" on sexually active women, thereby denying them the ability (or right) to say "no," is the same mode of thinking which beknights an equally promiscuous man with the timehonored label "stud") For too long this society and its legal system has operated under the standard that a woman who brings rape charges must show that she really did not want to have intercourse. In fact, it was only this year that women in New York became free of the burden of proving that they had exercised "earnest resistance" in fending off their attacker. [L.1982,C560] It is as if the men who made the old law were never really convinced that the women charging rape didn't want to have sex with the rapist. If the victim of another violent crime, say robbery, were subjected to the same interrogatory assault in court as rape victims undergo, we would most likely recoil with indignance at the absurdity and irrelevance of the line of questioning (See story, page 4) In the interests of protecting rape victims from the historical assault on their privacy, New York enacted the new laws. We commend the State's actions but note as well that it is years too late in passing this progressive legisla- — J.D. 2 Opinion November 9, 1982 Vol. 23, No. 5 We are mindful that bringing charges of rape and suffering which can approach in magnitude the brutality of the act itself. But we do not believe that forbidding hard-nose investigation on a defendant's behalf is the answer. The price may prove too great. We believe that the law, as worded, safeguards the victim against the introduction of evidence if it is either contrived or irrelevant to the case before the jury. We do not mean to suggest that increased protection of and support for rape victims is not a pressing need deserving of immediate and serious attention. Rape crisis centers are an acutely necessary and sorely underfunded source of support. To encourage utilization of such services, what transpires between a victim and her counselor must be held completely confidential. (See story, page 4). Most importantly, however, is for women and men of every description to grow more aware of rape and its consequences and to become incensed about every such assault on human dignity and integrity. The task will then be to turn that anger and awareness into the constructive process of building a society in which women, as well as men, can walk the streets and enter friendships without the constant fear of violation or attacks. may carry with it a siege of harassment Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank Ray Stilwell News Editor: tion. The writers of the letter in the last issue appear to believe, however, that these new laws do not go far enough toward protecting victims of rape, for they would deny a defendant the right to have his attorney pursue a vigorous investigation which might turn up evidence supporting the defendant's side of the story. The fact remains that rape, like all other crimes, has a false accusation rate of 2 to 4 percent. In protecting the privacy and integrity of women who are raped do we dare deny the three percent of those falsely accused the right to gather evidence which might tend to show their innocence? Should we, as the writers of the letter seem to suggest, sacrifice the rights of an accused facing up to twenty-five years behind bars in order to prevent a harassed and frightened victim "who has already been the subject of a brutal experience" from having her "whole life...investigated, questioned, and judged?" The letter has posed a difficult issue; but we do not accept the result reached by its writers. We are not prepared to advocate the kind of trade-off they suggest. Although we agree that victims of rape need support rather than scorn from all sectors of society, we do not believe it would be wise or just to protect the victim by denying the accused the opportunity to gather evidence which in some cases may prove essential to achieving a rightful acquittal. Moreover, it is a premise of our legal system that the state must prove, beyond a reasonable doubt, all elements of the crime with which the defendant has been charged. In the case of rape, the prosecution's case depends upon the testimony of the victim, who invariably becomes its chief witness. In turn, a defendant has a constitutional Sixth Amendment right to cross-examine one who bears witness against him. In order for the defendant to effectively cross-examine that witness, it is necessary for the defense to investigate and uncover all facts that may be relevant to the alleged events. Tuesday, November 9,1982 Feature Editor: Photo Editor: Arts Editor: Business Manager: Mary Ellen Berger Gary Games John Stegmayer Frank Bolz Contributors: David Allen Cass, Carmen Grullon, Michael McGorry, Jill Paperno, Rob Turkewitz, Michelle Wong Staff: Wendy Anne Cohen, Jud Weiksnar Andy Viets, - Any republication of materials herein is © Copyright 1982, Opinion, SBA Opinion is strictly prohibited without the express consent of the Editors. published every two weeks during the academic year. It is the student York at Buffalo School of Law. newspaper of the State University of New SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of postage entered Opinion Opinion is a non-profit organization, third-class determined collectively by at Buffalo N V Editorial Policy of Opinion is Board. Opinion is funded by SBA from Student Law Fees. the Composition & Design: University Press at Buffalo. Editorial Letters to the Editor Who's The Victim? don't believe so. To the Editor: Beneath this finger-pointing, In the letter to the editor, the authors raised the serious "Harassment of Victim problem of rape in our society. Deplored," [Opinion, Oct. 26), They had the chance to several law students wrote seriously address this problem. concerning an alleged rape Instead, we were given a shodand an alleged assault. In the dy, simple, confused lecture of letter they asked us to "look at female-male relationships, that our role as attorneys" in such trivialized a serious social proasking While us to exmatters. blem. I believe that through amine ourselves as attorneys, these simplifications and they: an exfinger-pointing they did Label the male law stu- treme disservice to the prodent the "male attacker" and blems with, and surrounding, a accuse him of "assault" while rape. admitting that they "can only Finally, the letter ends in an speculate as to who did what appeal for "compassion for first"; others" in our legal training, Blame an entire adminis- and in the next sentence contration for the acts of a single demns the male law student for "assault" and "tampering faculty member; both of Dismiss a large segment with a witness" of the student population as in- which are denied by him and sensitive because of the crass are unproven. Is this the type of compassion they wish to comments of a few. dole out? One-sided? You bet it is. Are these the logical conclusions that a trained legal mind Brian Collins would reach given the facts? I — — — — Left in the Cold To the Editor: (hence, expense) to their homes make travel impossible University Housing is at holiday time, foreign reaching an all-time low in its students remain on campus degradation of students this and are housed in Red Jacket. Thanksgiving, and law students Other students who can't living on campus should be on leave, for whatever reason, are notice to the treatment to placed in lounges in Red which foreign students will be Jacket. subjected during the coming This year, while allowing students to remain as usual in holiday Typically, because distances Continued on Page 4 �President Reports Keen Interest in Committees by Jill Paperno Student-Faculty Committees The first duty of the board was to select students for student-faculty committees. Two board members were selected from each year to conduct interviews of approximately 90 applicants. Liz Garcia (first year). Rich Gottlieb (Ist year), Kathy O'Hara (2nd year), Dan Pease (2nd year), As there was no room in the Julia Carver (3rd year) and Jeff last edition of the Opinion, Shein (3rd year) each spent an this column will be an update average of four hours for two of the last month and a half. nights interviewing students. The past five weeks have been We all met on October 8 to hectic for the Board of Direc- make final selections. I tors. Our first feat was to assisted in interviewing each establish a regular meeting day night in the hope of providing Wednesdays at 4:00. Meetings some continuity. The interviewers were exwill usually be held in the first floor lounge, but please check cited about the number of inthe SBA bulletin board in the terested qualified candidates. mailroom for changes in the Of course, it was not possible meeting times as well as any to place 90 people in the approximately 30 spots. We urge SBA announcements. - those of you who did not make it this year to try again next year. Also, think about joining a Student Bar Committee (no interviews and no limits on how many may join). Students who were selected for committees are your representatives to the faculty and administration. Although alternates on committees may not vote, they also attend meetings and participate. In order for members apd alternates to best represent us, it is important that they receive our input. If you have any suggestions or criticism of school procedures or policies, contact these students or Student Bar Association board members. If you have been selected for a committee, please try to inform the students of nonconfidential issues your committee is dealing with. We hope to hear from you in the Opinion. ABA Representative Another selection made by the board was that of American Bar Association student representative. Rob Turkewitz was selected from those interviewed to be the U/B Law School ABA rep. For information about membership or future events, please see Rob. Sub-Board Sub-Board I, Inc. is the notfor-profit student service corporation at SUNY Buffalo. SubBoard provides a variety of services to all university students from money allocated from student activities fees. The law school has one voting representative and one alternate on Sub-Board. Our alternate Joyce Funda has become our Sub-Board thus leaving us representative, today's Opinion, and your efforts will be greatly ap- with an alternate position to preciated. Finally, please free fill. This position will have been filled the week of to approach any of the student, faculty, or staff represen- November 2. (For more information about Sub-Board, look tatives listed below with sugan article by Joyce in the for gestions for speakers. They are: later this month.) Lecture Committee Wants YOU So what is the Mitchell Lecture Series, anyway? In short, it's an ongoing program designed to present lectures by distinguished guests to the law school body. Funded by a generous endowment, the Series has been presenting speakers for over thirty years and again is planning stimulating lectures which provide depth and breadth to the law school program. Last year's program brought over twenty speakers to the law school, including a symposium on Human Rights and such distinguished guests as Clyde Summers, Slaughton Lynd, Daniel Ellsberg and many others. This year's plans include a major presentation to be gjven by Stewart McCauly in Aptil, 1983, critiquing the law and social science movement. In addition, noted legal theorists and social commentators including Karl Klare (labor expert), Leonore Weitzman (expert on marriage con- prosecution of white collar criminals as Chief of the Fraud Section of the U.S. Department of Justice) are slated to appear. Disbursement of funds for speakers is conducted by a faculty/student committee consisting of nine persons. Generally, Mitchell Lecture funds one major formal presentation and several less formal lectures each year. The least formal aspect of the whole process is the manner in which speakers are chosen. Although somewhat limited by financial considerations, committee members fund speakers based on student and faculty requests. When sufficient interest is shown in a particular speaker, the committee can usually arrange for a lecture. Thus, since student input is a key ingredient to a successful Mitchell Lecture Series, the committee asks you to contribute your' constructive recommendations. It only tracts), and Herbert Edelhertz takes a second to fill out the (directed nationwide federal questionnaire that appears in Opinion UNOFFICIAL RESULTS -72 Responses Student No. 53 sumbitted, 19 didn't Negotiating Contracts for Family urn a trntum _ ■ Law - Search ft Seizure If a new, centralized student union were to be approved, which of the following concerns would be more important to you? Completing the facility in the shortest possible time 23 Completing the facility at tbe lowest possible cost to students 38 Undecided II 3) Should the university's student governments sponsor a referendum to resolve the student union question? 37 18 14 3 4) A Economics - ATftT. IBM Ta« Reform Federal Regulation of Corporations Deregulation oatetToksefliiliiiil Impact on Consumers Yes Yes No —— immediately but not necessarily immediately Undecided If such a referendum were held tomorrow, and the proposal called for increases in student fees, how would you vote? 9 Yes A per Yes, if the proposed increase did not exceed $J_! 17 semester No 39 7 Violence Monopolies Undecided 2) Athletes and Entertainers Margars and Antitrust opinion, is additional centralized student union space needed on the Yes No 9 I — - Uw Incest In your i&2 Race in the American Legal Profession The Effects of Affirmative Action on Hispanic Hrspanics in the Law Enrollment in the Legal Profession i.e., lim Jones of Guyana, Squeaky Defending Unpopular Clients Froome Legal Rights of Native Americans International Law Human Right. Immigration Law International Law & U.S. Foreign Policy Military Spending/NuclearFreeze Campaign Legal Issues in the Middle East Entertainment Law Social Committee We would like to thank Jeff Shein and the rest of the Social Committee for the wonderful job they did in organizing the Halloween party. If you would like to help out with future events, please see Jeff Shein. Results of Opinion Poll Civil Rights * Family us. Amherst Campus? Please check the topics that interest you. (If you know of a person to present the lecture, please indicate his or her name in the margin.) Sports Presidents have agreed that other sources of funding must be examined. If you have any ideas about funding, talk to SBA Board members. We can all use the creativity offered to Student Union Room 427 The presidents of the stuNina Cascio, Finally a personal note- Last governments on campus dent Library, A.V. Department meeting with Dr. year's SBA president is in have been Richard Furlong, Box 69 Albany and we never got a Sample and other U/B adAnna Maria Richmond, Plans for a stu- chance to talk so things are beministrators. Box 196 dent union have been discuss- ing done a little differently this Penny Rubin/Box 467 year. This is probably a mixed ed. The source of funding beBruce Schonberg, Box 219 blessing. at these If there is anything considered ing Prof. John Spanogle, Room 414 meetings to you would like to see SBA doa twelve has been Prof Paul J. Spiegelman, fifteen dollar additional stu- ing, please let any director or Chair, Room 418 dent fee per semester. officer know. Thanks. Mitchell Lecture Survey Multinational Corporations Constitutional law Impact of Reaganomics on the Bill of Rights Fourth Amendment guarantees of the Constitution .22 Caliber Killer Case Reform of the Judicial System Insanity Defense ministrative representatives. Since that time a number of Student Government Prof. Barbara Blumenthal, 1) - After being questioned by students about this plan and raising some questions of our own, the members of SBA debated what our role should be in this planning forum. It was decided that we could not actively participate in a process that only considers a student funded union. We feel that alternatives to student funding, such as state and private sources of funding, must also be examined. I have explained the SBA Board's position to student and ad- •9*5.00 Undecided ---- .10.00 $15.00 $20.00 $25.00 $100.00 $150.00 5 votes 3 votes 2 votes 2 votes 3 votes 1 vote 1 vote N»«»mfc«r % IM2 OfWt* 3 �Pennsylvania Paves Way in Rape Legislation by Marion L. Russ Editor's note: This article appeared in the SeptemberOctober 1982 issue of the newspaper of Women for Racial and Economic Equality (WREE). When a rape victim turns to a rape crisis center for help, can she be confident her conversation with a counselor will be kept confidential? She can, if she lives in Pennsylvania, thanks to the efforts of Anne Pride and Pittsburgh Action Against Rape (PAAR). In December 1981, Governor Thornburgh signed into law Senate Bill 532, making it illegal for a rape crisis counselor to release information or to be subpoenaed to testify to anything that has been said in a counseling session. The law is important because it insures that rape jail, Ms. the center was first flooded by Ms. subpoenas and second by calls attorney through her Pride, matfrom former clients expressing Ann Lee Begler, took the ter to the Pennsylvania concern over the confidentialirape crisis Supreme Court. In the months ty oftheir records. A The victory did not come that followed, support for center in another county easily. It began in July 1980, PAAR's position flowed in reported that it had burned all when a PAAR staff member from all segments of the comof its counseling records in an was serving as an Advocate for munity, and from all across the attempt to preserve the the victim in a rape case. The state, from women's centers, privacy it had promised its defense attorney, in the middle rape crisis centers, police clients. The number of of the trial, demanded access departments, YWCA's, and anonymous phone calls to to PAAR's counseling records. PAAR's hotline shot up sharpmany individuals. He argued that the woman ly, from 32% in August of 1979 The Supreme Court decision to 61 % after the confidentialimay have told a PAAR counselor something other was a sort of half and half, ty issue became known. Some than what she had testified in lukewarm opinion. According women discontinued badly to Ms. Pride, "It was not bad, court. Says Anne Pride, Direcneeded counseling for fear but it was not what we wanted. their records would not be really was tor of PAAR, "There no record. Ou» folder con- It did not give us total con- kept private. tained only a few standard fidentiality." Following the Supreme forms and even those were After PAAR's battle for ab- Court decision, PAAR with the sparsely filled out. We typical- solute privilege became news. Pennsylvania Coalition Against ly keep very few notes anyway. But, we refused on the principle that anything that was said to us, was said to us in the belief that it would be held as scious decision to comply with by Connie Borkenhagen confidential." She was found his demands rather than in contempt of court. Editor's note: This article ap- resist?" "Yes." peared in the Sept. 1975 issue of Student Lawyer. The author "Did you scream? Cry out?" University "No, the I was afraid." is a of graduate impressive there is Although "I see. Have you ever been statistical evidence supporting of New Mexico Law School. held up before?" the idea of selective incarcera"No." In the following exchange, a tion, one cannot help but obquesvictim is asked "Have you ever given hold-up to on that grounds it the ject people should not be locked tions similar to those asked of money away?" "Yes, of course..." ' a rape victim. The testimony, up simply because they fall in"And you did so willingly." to a category, but should be indeed, the whole line of ques"What are you getting at?" locked up based solely on the tioning, would be inad"Well, lef s put it this way, crime that they commit. Once missable. In the case of the locked up, the State must rape victim, it would be quite Mr. Smith, You've given money decide what its role is going to allowable and quite standard. away in the past; in fact you've "Mr. Smith, you were held quite a reputation for philanbe as a detentive agent. The trend in sentencing has up at gunpoint onthe corner of thropy. How can we be sure that you weren't contributing been to move away from con- First and Main." to have your money taken "Yes." sideration of such things as "Did you struggle with the from you by force." "selective incarceration" and victims will have absolute confidentiality when they turn to a rape crisis center in Pennsylvania for assistance. Threatened with from Page 1 distinguishing characteristics of these violent predator-type criminals. However, the valuable information that is compiled in this study suggests that selective incarceration is viable. In the Greenwood study, Mr. Greenwood showed that 50% of all convicted armed robbers said they commited less than 5 armed robberies a year, while 10% said they committed over 80 a year. His study also reenforced the presence of the distinguishing same characteristics alluded to in the Chaiken study. Greenwood concludes, based on his study, the Chaiken study, and the Wolfgang test, that the public would be better served if the courts through a process of selective incarceration gave shorter terms to most armed robbers and longer terms to most habitual offenders. Greenwood points out that this would reduce armed robberies by at least 15%. tect the confidential relationship between rape counselor and rape victim were introduced. While the legislature debated the issue, several rape trials in Pennsylvania relied upon the Supreme Court's decision and in three cases, records were turned over to the defense. The Pennsylvania legislature put an end to the confusion by passing a law which guarantees absolute privilege between counselor and victim. Congratulations are in order, not only to Anne Pride and PAAR, but to Pennsylvania as the only state in the U.S. to have such a law. Rape Testimony: A Perspective . . Incarceration Continued is that it is not comprehensive towards defining what some of the solutions might be towards correcting some of the Rape approached the Pennsylvania State Legislature, and several bills designed to pro- the likelihood of rehabilitation and recidivism, and to sentence based solely on the discernible circumstances of the case. However, there is also a growing number of states permitting tougher sentences on repeat convicts. Although the debate on punishment is far from over, the case for selective incarceration has arisen to the top of controversy once again. NOTE: All statistical information was obtained from the October 8, 1982 edition of The Wall Street Journal. "You were out walking on the street at 11 p.m. Doing what?" "Just walking." "Just walking. You know it's quite dangerous being out on the street late at night. Weren't you aware that you could have been held up?" "I hadn't thought about it." "What were you wearing at the time, Mr. Smith?" "Lets see...a suit. Yes a suit." "An expensive suit?" "Well...yes. I'm a successful lawyer, you know." "In other words, Mr. Smith, you were walking around the streets late at night in a suit that practically advertised the fact that you might be a good target for some easy money, "Listen, if I wanted..." isn't that so. I mean, if we robber?" "Never mind. What time did didn't know better, Mr. Smith, "No." "Why not?" this hold-up take place, Mr. we might even think you were "He was armed." Smith?" asking for this to 'happen, mightn't we?" "Then you made a con"About 11 p.m." students find a off this Coming Into The Cold Thanksgiving. wonder how ing foreign place to campus I Continued from Page 1 to mention the fact that, on an one goes about that when the overcast Buffalo day, one's goRed Jacket over the Thanksgivfriends one has are from ing recess, the University is not ing to have to strain to see Korea, China, Japan, India, etc. The whole point of segoing to provide them with anything in what daylight there heat, electricity or hot water, is.). And, how about safety' I questering students in one area except between the hours of 7 personally wouldn't like to be is to save money, but if the p.m. and 7 a.m. I find this unsitting in a pitch black lounge University is going to provide a conscionable. without being able to see who place for its students during was coming in to share it with the holiday recess, it should at November is not one of Buffalo's warmer months. Even a me. least be habitable. well-insulated home with no I can think of more pleasant Therefore, all of you law heat would be cold, but think ways of spending a vacation students who currently live on secutor's chief witness was of a dormitory, where the wind than having to get up every campus: be forewarned. Arlene Zwilling, the victim of whistles in through ill-fitting day in order to get a shower Remember that we return to the alleged rape. At the con- and/or broken windows and before 7 a.m., or, if I cook for school in January a week myself, to make breakfast before the undergraduates and clusion of the hearing, doors. Imagine waiting in Eastern (which I would have to do may have to face a similar presiding Judge Roberts bound the case over to the Grand Jury Standard Time pitch blackness since the next possible time 1 situation. after the sun has set until 7 could cook would be 7 p.m.). for return of an indictment. p.m. just to be able to see (Not The University is encouragBarb Barton Preliminary Hearing Held A preliminary hearing was held on October 29 at 2:00 p.m. to determine whether there was probable cause for the arrest ol Angelo Constantino, Mark Humphrey and Steve Whelan on the charges of first degree rape. The pro- OPEN ._ T0 MOOT ALL students 4 . Opinion a. ' COURT COMPETITION ROUNDS November 9,1952 PRELIMINARY rounds SEMIFINALS FINALS 11/9-11/82 11/12/82 • 11/13/82 ■«*#-__ 7&9pm 9 Dm w 9 7f & |/iii 2 Dm H" 1 * �"/ never did like working the circulation desk. The people in A.V. really know how to live. " "Gosh, lady — I only asked for a light!" HALLOWEEN GRAFFITTI PARTY Photos by Gary Games "You'll never see me wearing a dumb costume on Halloween.' >o'>a . ■: i trtjji.ii uov Jsrtt O-t niH*. ysnom '.uwy &--~rt ;> "You really should try the cider. The woman to your right says it will knock your socks off." "Well, we certainly aren't the Coneheads." "I don't care about cost basis. Give me a beer!" "Trick or treat!" NOVCMOtf ™, V|MrllOf\ 5 �Deficit Tied to Tax Policy FGDFGDFGDFGDFGDFG by John McDermott Editor's note: John McDermott, a professor of labor studies and the coordinator of the labor studies program at the College of Old Westbury, is the author of The Crisis in the Working Class (South End Press). This article first appeared in The Nation, Aug. 21, 1982. After drawing up a 1983 budget with a deficit of considerably more than $100 billion, President Reagan exhorted-Congress to pass a Con- Origins of 'Monopoly' Copyright Disclosed by For almost forty years, this Chuck Fager campaign succeeded brilliant- ly. But now the truth is seeping out, thanks to the research and struggle of Ralph Anspach, tions, including Boston, professor of Economics at San Phoenix, and Washington, Francisco State University. Ten D.C.'s City Paper. This ankle years ago Anspach invented a appeared in the September game called Anti-Monopoly, in 29,1982 issue of In These Times. which players competed to see He has played Monopoly for who could most effectively many years. bust up imaginary corporate Editor's Note: Chuck Eager writes regularly for several weekly publica- One of the longest and most complete cover-ups in modern American history is finally coming unravelled. I'm not talking about filling in the eighteen minute gap on Richard Nixon's famous Watergate tape, nor of monoliths. Parker Brothers didn't cotton to either the game or Anspach's name for it and sued to stop him from selling it. But Anspach countersued, charging that the name Monopoly predated Parker Brothers' game, and thus was in public domain. While doing research for his suit, Anspach establishing the identity of Deep Throat. discovered the true story of No, this cover-up was longer Monopoly. Monopoly was first called than Watergate, more successful than Watergate, and The Landlord's game. Its invenhas left its mark on two genera- tor, a Maryland woman named tions of Americans. I'm talking Lizzie Magic, was granted U.S. about the cover-up of the true Patent Number 748,626 for it origin of Monopoly. on Jan.5,1904, 30 years before Thafs right. Monopoly. The Charles Darrow supposedly number one best-selling thought it up. Magic was a American board game of all believer in the anti-capitalist time; the foundation of the economics of Henry George, long-running prosperity of who taught that speculation in Parker Brothers; the game land values was at the root of practically all of us grew up modern society's social and with. financial problems. Her game According to Parker was aimed at exposing these Brothers, Monopoly was the evils. brainchild of one Charles DarThe sketch of the row, who thought it up in his gameboard filed with the PaPhiladelphia kitchen while he tent office shows striking was unemployed during the similarities to the present Great Depression and then game. The Landlord's Game inmade millions from its un- cluded four corner spaces, precedented success. Most of especially the Jail and "Go to us have read this account as an Jail" in opposite positions; four introduction to the game rules, railroads, one in the middle of in any one of scores of each row; a waterworks and magazine articles on the game, electric company in the same or in Maxine Brady's places; and ascending rents "definitive" 1974 tome, The and property values around Monopoly Book. the board. But the story is a lie. Darrow The parallels are obvious. did not invent Monopoly; he But there are differences too: stole it, and lied to Parker the properties have no names; Brothers about being its there is no Community Chest creator. When the company or Chance; the name is not the discovered the lie, the game same. had already become a bestBut even so, Charles Darrow seller and was pulling Parker doesn't merit much credit for Brothers back from the edge of the game's evolution. Lizzie Depression -induced bankruptMagic made some copies of cy. But rather than risk losing her game and dozens of peocontrol of its hottest property, ple, mostly Quakers in the midthe company joined Darrow in Atlantic states, played, ena campaign to bury the game's joyed, and modified the game true origins. Continued on Page 8 6 Opinion November 9, 1982 vestment." But even a few a generally conwere handed to economists, breed, have questionbusiness, but minor "reforms" servative the assumption that were enacted nearly every ed alike. Some years, major tax breaks year. There has been nothing secret about the write-offs made available to corporations. The important onesdepreciation generous allowances, credits for taxes paid to foriegn governments, deferral of taxes on overseas profits and the like- are vaguely familiar to most people. Taken together, however, they have had important and littleunderstood effect. They have requirstitutional amendment ing a balanced federal budget. made it relatively easy for That was a bit like W.C. Fields businesses to write off their capital assets-plants, land, calling for Prohibition. machinery-and convert them Washington Everybody in deplores deficits, but nobody into liquid assets in the form of can agree on what causes tax refunds. Tax write-offs also them. Some blame the growing shield a portion of a national debt on excessive company's profits from those spending for social programs. who would normally have a Others pinpoint Pentagon claim on them-the 1.R.5., waste. Still others blame the workers, suppliers, and recession, with its concomitant shareholders. Management is high interest rates and rising free to dispose of these retainunemployment. Liberals and ed profits more or less as it conservitives, hawks and wishes. Multinational corporadoves, Keynes ians and supplytions, for instance, can shift siders all have different the money to overseas branches. As a result, nearly half of theories. But these explanations fail all U.S. corporate profits never to consider an obvious case: find their way onto the balance Federal tax policy. A cursory sheet. look at the nation's tax history The retention of huge sums since World War II shows that in unencumbered liquid assets, tax policy has been consistent mainly by U.S.-based multinain one area. The tax burden on tionals, has contributed to the big business has been decapitalization of American systematically eased by shifindustry-that is, the failure to ting it-or at least part of it-to maintain current industrial individual taxpayers. The assets and the refusal to imresulting shortfall in revenues prove or replace them. It has has been made up by borrowalso triggered the wave of coring. porate acquisitions, the outLet me illustrate. In 1946, in- breaks of currency and comdividual taxpayers paid 50.1 modity speculation and the percent of all the taxes rapid expansion in the Third Washington took in; 45.9 perWorld that have marked the cent ofthis amount was paid in past decade. The recent proincome taxes and 4.2 percent liferation of corporate political action committees, in payroll assessments. Corporate taxes made up thirty which will spend an estimated $80 million in the next percent of the total, with virtually the entire amount comPresidential election, must ing from taxes on profits. For also be attributed to part of every $5 in Federal revenues the cash that is swelling corpaid by individuals, corporaporate coffers. tions paid $3. To be sure, the great tax By 1976, the picture had giveaway to business has been altered dramatically. Personal carried out for an ostensibly income taxes made up 52.6 sound economic reason: it is percent of Washington's take, supposed to "encourage inand payroll taxes (which are notoriously regressive) had climbed to 24 percent. Big business's share of the tax Proposals for activities load, meanwhile, had fallen to to enhance University life 15.5 percent. In other words, are being sought by the the Internal Revenue Service Student Activities Steering Committee, which has was drawing 77 percent of its collections from personal inbeen allocated $10,000 by come taxes. For every $5 in the Faculty-Student Federal revenues paid by inAssociation to fund apdividuals, big business paid $1. proved grants which canBy 1980, the corporations' not normally be funded share was 13.9 percent, and through other sources. Any this should drop another member of the University percentage point or two once community may submit a all the tax breaks written into proposal with a budget the Reagan Administration's estimate to: "economic recovery program" have taken hold. Student Activities Steering The massive transfer of the Committee tax burden from business to inc/o Student Affairs dividual taxpayers has been a 543 Capen Hall steady process throughout the Telephone: 636-2982 post-war years, occurring under Democratic and Proposals may be subRepublican administrations mitted on forms available business will recycle untaxed profits into new plants and equipment. In a 1976 Brookings Institution study, for example, it was argued that the investment tax credit in the manufacturing sector alone cost the U.S. Treasury $13.7 billion in uncollected revenues from 1954 through 1966. Yet the credit generated only $4.8 billion in new investment during those years. Tax breaks for corporations have not only failed to produce the investment flow they were supposed to; they have also had the unforseen effect of causing a rightward shift in American politics. Beginning in the 19705, the perception among many Americans that they were forced to bear a heavier tax burden has been translated into a backlash against government spending. Imagine two people pushing a car up a hill. One of them isn't pushing very hard, so the other one has to make more of an effort. To him, the hilT seems to be getting steeper, the load heavier. At some point, the harder pusher (read taxpayer) is bound to say, "This is too much for me. I've got to figure out another way." Enter Ronald Reagan, offering to lighten his burden by slashing wasteful and unnecessary spending. The chronic hard times of the 19705, which increased the Federal deficit, have thrown liberals on the defensive. The debate of the causes of the deficit focused on Federal spending, and the supply-siders in the White House and in Congress rammed through their tax cuts. The questions' in the debate were framed in terms favorable to the right. First, should we have bigger deficits, or cuts in spending? Answer: cuts in spending. Second, should the reductions be in social programs, or in the defense budget. Answer: social programs. The best way to alter the of the debate is to Continued on Page 8 terms Grant Proposals Sought at that office or in the form of a letter. Submissions should include the name of the proposing individual or organization (with a person to contact), and a detailed estimate of expenses. After initial screening, proposers of projects being considered may be invited to meet with the committee to discuss their requests for funding. The committee seeks creative responses to University needs which will benefit a substantial segment of the student population and the University community. Deadline for receipt of applications is: NOVEMBER 12, 1982 �Take the Bus, and Leave the Fantasies to Us by Andy H. Viets years past when we made our Since coming to U/B this past August, I have had the luxury of travelling in and amongst the campuses several times on the university bus system. Two such trips have resulted in most fascinating ex- periences. Let me emphasize that I am not one to indulge often in such excursions. It is only done out of a matter of absolute necessity (ie, laziness or lust). Let there be no doubt as well that I am nothing but thankful for those wonderful transportation machines. What else could so vividly bring to memory those halcyon days of New Waves that one risk-to take the U/B where certainly the most before we got in range. bus. "Damn!"said the salient thing is to get a seat on I stood by the curb, eyeing the bus. driver/pilot. "The commander my fellow potential I was in. I had my space. I will not think well of this." We continued on, taking the passengers. They seemed to be was at peace with myself and a decent lot, but when it came with the universe, prepared to turns on two wheels. I have to head. to boarding the bus, I knew cruise through the cosmos, or admit that the driver was good. Enough of this teary-eyed things would change. I glanced so I imagined. It was not to be. The bus didn't flip over on its reminiscing. It is time to get to down the road and saw that The steel plastic and rubber side once the whole way there. the matter at hand-two of my beautiful hunk of metal gliding mechanism surrounding js lurThe bus soon began to make ventures on that bastion of towards us. It was a sight to ched forward-then stalled. The its move around Flint Loop. I transportation, the U/B Bus behold, to cherish. Then suddriver turned the key iri the ig- knew what I had to do, and I System. denly, it happened! More than nition. The engine's heart-ft.'lt did it. Could you please stop Venture No. 1: It was a dark twenty seemingly normal, gen- attempt to turn over here?!?" I shouted. "I want to and stormy morning. This certle, mild-mannered U/B reverberated throughout the get off!!!" It had been done, so tainly did not distinguish the students became maniacal bus. Finally, it happened. I 1 did it. I had learned. The first start of a new day in Buffalo. animals, clawing their way could feel '.he meta 1 brating time I made this trip I had Something else did though. In- through the just opened doors beneath me as if it vvt.e alive. I neglected to make known my stead of walking to John Lord of the bus. I was one of them. I liked it. It felt good. wish to get off at this point. O'Brian Hall, I decided to do liked it. It was as if we had I was seated near the front, Before I caught on I had made it, to take that one chance, returned to our state of nature just a few seats behind the six round trips to the Main driver. The driver, however, did Street Campus and the Ellicott not think that he was a driver. Complex. He thought that he was the Venture No. 2: It was. a pilot of an F-16 fighter plane. peaceful day, a calm and sunAs we eased down the road, a ny afternoon. It was time to flock of seagulls could be seen head off for Main Street to pay and 11:30 a.m. BCMK, in case Thursday night, CFNY has a just above the pavement a my bill. It was a moment to "Live from London" show hundred yards you haven't heard, is the Bufin front of us. board the U/B bus. falo College of Musical where someone with a British Words can hardly describe I walked out of O'Brian and Knowledge, a recording accent (real or fake, I don't what happened next. over to the bus stop to wait. I cooperative formed by musi- know) tells you what's happenthat "Enemy at 12 o'clock," said soon saw it coming cians Mike Brydalski, Tommy ing on the concert scene, club the driver/pilot. He increased gorgeous hunk of steel glistenCalandra, Mike Warner and circuit, and radio beat in the speed of the bus/fighter ing in the sunlight. It came to Bernie Kugel. Host Louie the England. plane while bearing down on stop in front of me and opened Mad Vinyl Junkie airs a wide the birds. They scattered Continued on Page 10 variety of musical styles performed by local artists on the half-hour Tracks show. Louie by Glenn Frank usually has an interesting in i»a. ■■$ guest, and you might be sur|y prised by the talent that ___. ___. _—. ____■ ■_ abounds in the Buffalo area. Finally, if you've got a powerful FM receiver, you should be able to pick up CFNY (102 FM) from Toronto. CFNY specializes in elec■ ■ tropop, new wave, and dance rock, however you prefer to __r° refer to it. The farther north you live, the better your reception will be. You might even pick it up in stereo. CFNY isn't afraid to play new music. For example, they were pushing Haircut 100 last spring when none of the Buffalo stations would touch it. At 10:30 every way to grade school on that fabulous four wheeled vehicle, the school bus? It brings tears to my eyes, cramps to my stomach, and pains to my , Buffalo Music On the Air by )ud Weiksnar Where do you find out about what's new on the music your when scene Opinion entertainment columnist has too much work to go out and review the acts for you? While most listeners who have progressed beyond the Top-40 stage consider the radio dial a musical wasteland, there are opportunities to hear good new music if you know where to find them. In other words, there is life after 97 Rock. Every other Wednesday at 10 p.m. Geoff Copp of the Perils hosts a new music show on the U/B radio station, FM 88. Geoff plays the latest in "pop, punk, and new wave", if you can make those distinctions. You won't hear those selections on any other local station with the possible exception of WUWU (107.7 FM). If you're interested in the local music scene, WUWU airs "The Tracks of BCMK" every Sunday at 5 a.m. (yes, 5 a.m.) — CrOSSWOrd i ■ ■? k J7 Fm !"~P^S»vt| I c R j'© Ik? 111 I I On the Dark Side viewers would be as spaced out as the main character In this movie, the main when they saw the film. Hence, a they wouldn't care for or recharacter is Pink Floyd the Throughout quire any guidance. rock superstar. Nevertheless, this viewer did film he is situated in a hotel room, surrounded by filth and attempt to make sense of this spaced out on drugs, while film. But, after a while I contemplating suicide. As became convinced that I had bought a ticket for a bad trip. viewers we are taken on an imaginary trip into Floyd's mind. As for the film's good atHe reminisces about his tributes: it makes some very miserable childhood, overbear- relevant statements about war, insensitive racism, sex, education, and ing and animation, The death of his war- life. teachers, the hero father, his broken mar- cinematography, special efriage, and the difficulties of fects, and music are excellent. being a superstar in the rock The musical score is beautifulworld. He also imagines ly timed to the visual effects. himself as a Njjzi-like dictator, Lastly, the main character's and in the process displays performance as a suicidal, man's most negative nature. spaced-out cadet is quite convincing. excessively is The film violent and extremely depressConclusion: Pink Floyd The of or is a visually and musicallogic It no Wall ing. has sense timing. It's one big maze full of ly extraordinary film. If this is confusing and drawn-out enough for you, go see it. contradictory scenes. Further- Otherwise, take your own trip more, no attempt is made to down memory lane. It's bound provide the viewer with some to be more pleasant. On a guidance at any point in the' scale of Ito 10,1 being lowest, film. It's as if the makers of this this film rated a 4. film just assumed that the p p I w ■ w vM_l by Carmen Grullon ■■■ - ft — -_•__•■ -_-_• i jT" """" """" "™" ACROSS Sieve 1 5. 8. 13. 14. 15 16. 17. 18. 19 20. 23. 25. 26 27 31 34 35. 36. 38 39. Chem. comp. Train hopper and friends Capital of Norway Guevara Solo George Roy Hill film (with A) Compete Mil. entertainment org. Enemy A pointed instrument College in the So Lan Fleming's Doctor Prefix with lithic or classicism Block of cotton Character in a Malamud short story Airport code for city in Texas Engage in uncontrolled revelry Bytch Cassidy's Hole (4 words) Pale Dr.s' asst mW hi ■ i i XT i ■ tfo •»_■_■_■■■■»■_■- I ■ **| - 00 to «■ °§ __. 12. 21. 22 24. 27. 28. 29 30. 31. 32 33. or animals 41 Tdne two 42. For 45. Wood bisector 48 Watt's dilemma 50- Style; flair 51. Birthstone 53. Rowed 54. Suffix with lobby or motor 55. Incite 57. Call 58. Class action drug 59. Smaller quantity DOWN 1. Bob Gibson's forte (abbr.) Town on Long Island Orville Wright was one Baby Lawyers gp. Hog's thigh bbm B??" """" """" 40. Pouchlike structure in plants Pertaining to i J 37 IB I """"■ ■?* """ Redford role ■"—" I IfY 2. 3 4. 5. 6. 7. 8. 9. 10. 11 """ the fibula. Former King of Norway Pro A single occurrence ' Observe Twelves take (2 words) Learning inst. Cereal seed husk Own in Scotland One of a cord Loveable alien Sinatra's lost soldier and outs Indefinitely large or small number 37 Exam for grad. sch. 41 Flat boats 42. West Point freshman 43. Erased (var.) 44 Turned 45. Pahlavi 46. Prefix indicating air or the at mosphere 47 Small brownish bird 49. Model 50 Equal (var.) 51 Lid 52. A lyric poem 56. Eliot November 9, 1982 Opinion 7 �Deficits . calculate the long-range effect of tax policies on the national debt. In the 19705, U.S. corporations paid a total of $470.2 billion in taxes, or 16 percent of Federal tax collected. In the 19605, they paid roughly 22 percent of Federal tax collected. Had corporations paid the same share of Federal receipts in the 1970's as they did in the previous decade, the government would have collected an additional $171.3 billion and would have saved an estimated $64.9 billion in interest payments on the money it borrowed to make up the difference. Thus the effect of tax changes during the 1970's was to divert $171.3 billion from the Federal treasury into the coffers of private corporations and to shift an additional $64.9 billion to the big banks. And the national debt grew by just over $500 billion. Since the 1960's were prosperous years for big business, the 22 percent burden was. apparently not harmful. The 1950's were also banner years Continued from Page 6 in the previous two decades. The significance of that shift of $639.5 billion to big business becomes apparent. We can account for the entire rise in the Federal debt in terms of tax reductions that benefited big business and banks. This analysis of the causes of the huge Federal deficit and of the Federal debt itself is admittedly unorthodox. Orthodox liberals single out expenditures for defense and for related space and foriegn military aid programs as the culprits. Yet during the 19705, when the Federal debt grew rapidly, defense expenditures as a percentage of the gross national product even fell a bit. Perhaps more to the point is the fact that much, if not most, of the money turned back to the big corporations and big banks finds its way overseas. There the immense new flow of funds to international corporations pays for their aggressive expansion in the Third World. And that expansion is dependent on a U.S. foreign policy that is forever finding points of conflict: unceasingly with the Soviet Union and Cuba; yesterday with Vietnam, Chile, and Iran; today with El Salvador, Nicaragua and even Grenada; tomorrow with some new threat to the subsidizing of economic power. almost 20 percent to such programs, and West Germany which spends 30 percent. Progressives must no longer allow the issue to be framed in terms of spending policies, and they must no longer take part in the search for the magic number that would denote the right proportion of the GNP to be spent on the poor and needy. For those who oppose the dismantling of the welfare state at home and the intensification of conflict with the Soviet Union abroad, th_e problem is political. In the past, liberals made a tacit deal with business, the terms of which can be summarized as follows: If you'll let us expand the welfare state, you needn't worry that we'll make you pay for it with your taxes." Business was excused from bearing its fair share of the cost on the theory that it would create an everexpanding economic pie that would enable wages to rise along with revenues. The shift of the tax burden from corporations to individual taxpayers and the consequences of that shift, should become a political issue for progressives. It gives them a compelling argument conservative against preachments that profligate social spending is the root of the deficit evil. Once this argument is met, the way will be clear to restore social pro- grams to the national agenda. When voters realize that business has not been pulling its weight, they will likely reject its claim that profits are falling and that deeper cuts in corporate taxes and workers' wages and benefits are needed to stimulate investment. When business says it has no money to invest and writes off important industrial assets (along with jobs) at the same time as it engages in an orgy of mergers and takeovers, commodity and currency speculation, and expansion overseas into low wage areas, the conservatives' argument for low corporate taxes simply don't wash. Gardens. (It was later misspelled as Marvin Gardens by the person who taught Charles Darrow how to play.) They also added the Community Chest, the $200 bonus for passing GO, and the "Get Out of Jail Free" cards. None of these people were interested in trying to sell the game, even though almost everyone who learned to play the game became fascinated with it. "We weren't business people," Ruth Hoskins said primly 40 years later. "We were schoolteachers. It was a good game the way it was." Another early player, remembering the anticapitalist origins of the game, said it was a point of honor among early devotees not to think of commercializing it. But if they didn't want to Magic Phillips, then a greyhaired matron living in Arlington, Va., and her games. The article, besides identifying her as the originator of Monopoly, features a photo of Board Game Origin Uncovered Continued from Page 6 in the following years. What Lizzie Magic created thus became essentially a folk product, in which many people played a role. When Magic's small supply of boards was used up, people began drawing their own on linen or oilcloth, giving names to the streets, using thimbles and buttons for markers and altering the rules as they played. One key group of players gathered in 1929 around Ruth Hoskins, a teacher at the Atlantic City (N.J.) Friends School. Hoskins had learned the game in Indiana from her brother, who learned it at college. By then, it had already been renamed Monopoly. Hoskins taught it to her acquaintances, mostly couples from Atlantic City or Philadelphia. These players decided to give the her holding the boards from of her earlier editions of the game, one of which clearly two has the word Monopoly written on it in large letters. She was still a follower of Henry that decade , business paid George, the article noted, and about 28 percent of all Federal did not regret losing the fortaxes collected. Had it contune from the game that tinued to pay the same share Parker Brothers and Darrow throughout the 1960's and were reaping. Except for this 19705, the Federal treasury short article, the official verwould have gained $424.5 sion of the game's history has billion more than it did and gone unquestioned by dozens there would have been further of reporters and writers who savings on interest of an Orthodox conservatives have published articles and estimated $215 billion. Thus, prefer to blame the deficit on comments on the game over a changes in federal tax policy excessive spending on social from 1960 to 1980 deflected programs. But in recent years number of years. This includes $639.5 billion from the U.S. the U.S. has spent only about coverage in the molt ' \ t « 12 percent of its GJMP/frß treasury. 'piop€i*tes»"*ariiaW IbcaM -sdhSt.-Rfrth MSUfoMd tef *sftrjVstteious periodicals in n * "publishing industry. In 1980, the total" fede'raf program.; compared" WTfrf nlmgs*,' "such* 8f "EiolrdwallC frrdrrir.*\rfd debt stood at $907.7 billion, those paragons, of fiscal recVermont, Oriental and Marven Monopoly. Ralph Anspach's But this hirjden history has haling grown by $616.8 blfhofi * titude, Japan, which'allocates research has established that now, thanks to the work of about a year later members of Anspach, been recovered and Hoskins'circle taught the game made public. In late August, to a young man living in the the U.S. Court of Appeals for tion, as its membership camthat will enable us all to Germantown section of the Ninth Circuit in San Franby Rob Turkewitz paign begins. An active in- broaden our horizons. ABA Philadelphia. Charles Darrow, cisco accepted Anspach'. volvement with the ABA will membership entitles each stu- one of his tutors remembered evidence and ruled that Parker Within the next few weeks, benefit students individually dent to subscriptions to Stu- with considerable understate- Brothers has no right to exstudents here at Buffalo Law as well as the law school ag- dent Lawyer and the ABA four- ment, "showed a great deal of clusive control of the term interest in it." He did indeed, Monopoly. Thus the professor will become familiar with the gregately. Further, the ABA has nal; opportunities to parwords American Bar Associa- the programs and resources ticipate in a variety of national but he also lacked scruples can sell his Anti-Monopoly competitions in areas such as about trying to profit from the whether the company likes it appellate advocacy, client game. In late 1934 he sold it to or not. Parker Brothers and its corcounseling, and journalism; Parker Brothers as his own infree one-year membership to vention...the rest is history, or porate parent, the General The seminar will cover all the ABA upon admission to the at least mythology. The New York State Trial Mills Fun Group, has said it Once Parker Brothers will carry its case to the Lawyers Association (NYSTLA) the cases that have been bar; low cost insurance; and exhas generously invited U/B Law reported in the past year that cellent opportunities to discovered Darrow's decep- Supreme Court. students to attend its seminar, affect civil trial litigation. AcThere is more in this court establish contacts with at- tion, they bought up all the DECISIONS, free of charge. cording to Buffalo attorney torneys and law students from early Monopoly sets they ruling than just vindication for The seminar will take place and local NYSTLA Chairman all over the country. What could find and paid Lizzie Ralph Anspach and his "brainMagic, now Mrs. Elizabeth child." There is also a picture November 20, 1982, at the Paul Beltz, who extended this more can one ask for? Sheridan Inn-Buffalo East (at invitation, "it is a worthwhile On a schoolwide level, ac- Phillips, $500 for the rights to of reality; what Anspach's and productive seminar taught tive involvement in the ABA her' Landlord's Game. Then research shows is that while Walden and I 90, Exit 52E). by some able professors and will help our school gain they began their immensely Charles Darrow did not "intrial lawyers." statewide and national successful campaign of pro- vent" Monopoly, neither did The program includes ses- recognition. We need this kind paganda for the official line any other one person. Lizzie Abortion: sions in Medical Malpractice, of recognition now more than that Charles Darrow was the in- Magic Phillips started it. But Legal and Illegal New Legislation, Products ever in today's competitive job ventor of Monopoly. They did the game evolved from the Liability, Construction Acmarket. If 35% of the students this most of all to protect their playing and tinkering of huncidents, Trial Practice, at U/B Law become members, right to exclusive control of dreds of other people over Discussion and Films Evidence, Contribution and In- we would be eligible for ABA the game, for if it could be three decades. Maybe that is demnity, Disclosure, Motor funding, up to $750 per project established that Monopoly had how the game came to evoke Vehicles Liability, CPLR, and or event, and a maximum of been made and played before the commercial spirit of our Tuesday, November 16th Worker's Compensation. $1,500 per year. Wowl What a they produced it, the game culture so well; it is not only in A luncheon will be held and deal: I can improve myself and would be in the public domain; the public domain, it may even 7:30 p.m. students may attend it at cost, at the same time help my beyond their exclusive control. be said to embody our public Room 112, O'Brian which is $10.00. school! But how much is this This cover-up was so suc- domain. Students wishing to attend going to cost? All this for the cessful that Anspach found onBut I still say Boardwalk and the seminar need only sign the low annual cost of $8.00! 11 If ly one article that penetrated Park Place are worth more list posted outside Vivian Car- you don't do it for yourself or it. In the Jan. 27, 1936 than any other two monopolies Sponsored by CARASA cia's office (Room 311). for your school, then do it for Washington Star, there is an and all four railroads put and the Guild unsigned article about Lizzie together. your resume join the ABA. for big business-indeed just about the best ever. During .- " ABA Rep Solicits Membership RSVP to Free Seminar E.R.P. 8 OpMtOR NoveMber 9, 7992 — IharWif �I j PASS THE BAR EXAM 3_W ___■ I I I IB | I| I Don't gamble with your future • bar/bri will get you through the bar exam. BAR/BRI has grown dramatically over the last few years due to its unmatched success in the preparation of New York State bar examinees. | | That's why BAR/BRI is the most popular | 1 I a 8 | bar review course at eveiy law school in New Yoik State. Twice as many of Buffalo's graduates took BAR/BRI last year than all the other courses combined. j | | -ASK US THE REASONS WHY- | | I B 11 B H Rick Roberts Jill Paperno Irene Hirato Carol Guck Caimelo Batista John Oman JwDavktoff KimCrites Julia Garver Sara Hunt RonOsson Steve Shetnfeld JudyHotender SherriSamilow TomGcnter Joe Ruh Molly Zimmermann Leander Hardaway Ann Demopoulos Susan GiayCtonadio Jon Solomon Chris Renfroe Karen Russ Maikßeisman November 9,19*2 | D U M fl Opinion 9 �Bluebird ... SBA Fills Committees Continued from Page 7 SPC its doors. I moved into it as if being swallowed up. I liked it. It felt good. Before I sat down, the driver put it into gear and took off. Losing my balance, I fell onto two rather pretty young ladies. "We really have to stop meeting like this," I said to chocolate chip cookie. I liked it. It felt very good. The highway was not crowded. We had the open road to ourselves. The driver pulled down her goggles and increased our velocity. We were flying but had not yet reached our maximum. We needed them. something to push us. It soon "Just get off of us you jerk," came in the form of a flaming said one of the girls. red Datsun 280ZX, which pullMy pride properly plastered, ed up on our left side as if I got up and sat down directly challenging us. My driver was behind the driver. She was in ready. her fifties and had an air of ex"Don't think you're going to perience about her. I could tell pass me you little sucker," she she was tough and would get said, flooring it. We left that lis to Main Street regardless. foreign tin can behind us in a We were gliding towards cloud of exhaust. Millersport Highway when I We reached our destination felt it. This menacingly power- on time and with no fatalities. ful machine took hold of me. It It was simply amazing. It can was as if I had become one only be described in those with it. It was like sex. No-it words uttered by a famous was better than sex. It was like moon-walker: "This is one eating the perfect home-made small step for U/B, one giant d *$Uor * **Qor BPR Mike Colon Rita Hubbard Scan Courtney A-Manny Sanchez ADMISSIONS Steve Wickmark Ed Murfphy J_K Rick Roberts Sandy Blitz Sue Kozinn A-Scott Nadel Mitchell Lecture ASSC Penny I watched that beautifully bulging metal monstrosity drive off into the sunset. It was over. Let me close with just a few words: I like riding the U/B bus. It feels good. APPC Gayle Eagan Kevin Tripi A-Ellen Lawson Rubin Anna Marie Richmond Rich Furlong A-Bruce Schonberg step for U/B kind." Mike Ettinger Joe Coleman Dave Kloss A-Dave Cass Jim Everett Angela Reyes Jeff Shein A-Scott Nadel Library Appointments Mary Breen Tom Bantle Gwen Taylor Dave Wilson Seth Fitter Brendan O'Donnell Dave Wilson Sonia Tabe * Typ,nQ (beginning November 15th) Thesis Term Papers Cover Letters • Resumes Look us up for . all your printing needs! •rr-.. P?!! 9530 a.m. - 4:30 p.m. 0 _«AnM Wed. until 8:30 p.m. OpIMWI 10 rt&MGBtQf ™# I^W» •Typesetting • Stationary • • Process Camera Work • Invitations ....•■ �_m -"**' **" ' Last year BRC students left the bar exam feeling as though they were fully prepared. Students who took our competitor's course came out feeling ill equipped and cheated. Our competition claimed everyone was fooled. This is simply not true. We fully prepared our students while our competition gave excuses. YOU CAN GO WITH THE BIGGEST OR YOU CAN GO WITH THE BEST Compare the Materials for Yourself: BRC: THE BEST REVIEW COURSE DISCOUNT DEADLINE EXTENDED UNTIL NOVEMBER 12, 1982 For more information see the following campus representatives. Scott Nadel Joe Mcßride Diane Martin Al Solarz Kenna Brown Ed Robinson Pat Higgins Mary Mzior Keith Bond AlMokhlber RickJuda Jeff Shein Andrea Sanders (Ms.) Sidney Hodges Joe Saffioti Sandi Blitz Mary Salhus Mike Rosenbaum John Gibson Marc Fuhrman Tim Sheehan Bruce Schonbera BRC Course Outlines, Ethics Course and Materials are given for NO ADDITIONAL COST OR DEPOSIT. Compare for yourself. NOTE: I I Don't Miss The Social Opportunity of the Year! 11 Buffalo Law School Entertainment Card I The I II Discounts! Has Something for You Bullfeathers Lodge Scotch 'n Sirloin Grandma Lee's 3480 Milersport Hwghy. $2.50 Pitcher Genesee Cream $1.00 Drinks 'til Midnight 399 Maple Road University Plaza 15% off All Orders Rooties Pump Room Sun, Tues, Wed, Thurs, 8:00-2:00 .75 Draft & Domestic B'ttld. Beer $1.00 Wine & Imported B'ttld. Beer $1.25 Manhattans, Martinis, Gimlets $1.50 Fancy Drinks Millersport at Campbell Blvd. Mon thru Thurs, 9-11 P.J. $1.00 $3.00 off Double Wings $2.50 Pitcher Strohs .10 Wings 'til 11:00 "Remember to bring your wing coupons." Movie Tickets — $2.75 - North-Town Plaza Clarence Mall 10% off Stuffed Pizza Dine-in only; 1 Card/Table ||| Demos Restaurant 516 Delaware Aye. 10% off All Dinners if purchased at Law School Honored at General Cinema Theatres Everywhere including: University Cinema Boulevard Mall Cinema || Syracuses' Pizza Plant Bottoms 3270 Main Street Pitcher Miller/Lite Discounts $'s off All Commencement Committee Sponsored Activities 11l Don't Leave O'Brian Without It! November 9, 1982 Opinion 11 �Pro Sports Defy Legalities person A football player after completing his college eligibility, becomes eligible to be drafted by professional football teams of the N.F.L. The drafting order is based upon the prior season's standings, with the team with the worst record drafting first. Each team is allowed to select a certain number of players, but each player may only be selected by one team. Once drafted by a team, the player may only play for that team if he wishes to play professional football in the U.S. You have one of the most sought after collegians in the world, who in order to "work" in his chosen profession must work in the city that drafted him and under the terms which that team sets. It would be incomprehensible to have a top law or medical student at a top law or medical school be told that in order to be a lawyer or a doctor he or she must work where someone else tells him and for whatever that person will pay him. This practice, which would be laughed at and abolished as restricting com- petition as well as preventing a from gaining mean- ingful employment, is the accepted standard in professional sports. A look at the Buffalo Bills' problems with Jerry Butler and by Michael P. McGorry Joe Cribbs lends credence to the foregoing problem. Both Butler and Joe were drafted by the Bills and in order to play professional football in the U.S. were forced to play in Buffalo. Both were forced to sign long-term contracts at fixed rates or be unemployed. The contracts that each signed are typical of the contracts available to all top players, in that they are long-term (so as to lock a player into playing for that team for a long time), with a buy-out provision (if a player gets hurt while playing, the team can exercise its option of repurchasing the contract at a fraction of the original bargain) and without a no-cut clause (if at any time the team believes the player is however, if either or both do move to another team, that team must compensate Buffalo for its loss by giving Buffalo a player of comparable talent or a draft choice or money. Professional athletes are not allowed to quit a job and find employment elsewhere as "normal" people may. It is preposterous for such a rule to apply to businessmen or laborers in this country and as a result it should not apply to professional sports. The contracts which these athletes are forced to sign are clearly unconscionable under basic contract law, in that there is a definite lack of freedom of choice when entering into the agreement. The owners and teams are guilty of anti-trust and restraint of trade violations and the contracts are against public policy in that they restrict competition, yet they have not been cited for these not good enough, they may violations. "cut" him and sever the conThe final area of this article tract). is the lack of criminal prosecuIn order for Butler or Cribbs tion for criminal activities in to play for another team, they athletics. A person, by parmust fulfill their contractual ticipating in a given sport, is commitments or be traded. given a license to do whatever Even after fulfilling their conhe pleases, knowing that the commitments, only punishment that will be tractual I H- -T inflicted will be in the form of a league imposed fine or suspension. Never has a criminal penalty been successfully imposed upon a professional athlete for actions arising on the field of play. A few years ago Henry Boucha, a hockey player for the Minnesota North Stars, was partially blinded after being attacked from behind and hit over the head by Dave Forbes of the Boston Bruins. Forbes was found innocent of criminal charges in one of the only such cases to go to court. TTfl On October 12, Willie Plett of the Minnesota North Stars intentionally swung his stick like an ax and hit Dan Stephan, the goalie for the Detroit Red Wings over the head, knocking him unconscious. Plett has been suspended for eight games without pay and no criminal charges are pending. If eitherof the aforementioned had happened in a barroom or on the street, the persons involved would have been thrown in jail yet in professional sports there are no criminal penalties. — Law School Teams Stand Tall In Intramurals 60-38; Buffalo Braves taking Incidentally, try-outs will be Men's Rea, 60-21; Contract held for this year's team. by Michael McGorry Problems destroying the Law Anyone interested, please see School Champs, 48-39; Beagles Jim Kelleher or Mike McGorry. A look at the intramural bombing Supreme Tort, 46-24; Monday, October 25, markscene finds law school teams Herpes V nipping the Nix, ed the debut of two law school participating in five different 37-27; and Q-Stars downing the teams in the University's insports throughout the SUNYAB Muff-Divers. The preseason tramural hockey program. As system and doing quite well. favorite is Team 14, led by fate would have it, the two Sunday, October 31, marked former LeMoyne University Law School teams entered the start of the Law School standout Peter "I'm only thirty played each other on the first Basketball League. Games are pounds overweighf'Hogan, ex- night of competition, with the played on Sunday afternoons SUNY/Buffalo guard Mark Ice People Who Care beating and Wednesday nights Sacha, and Jimmy "carrot Advocates on Ice, 5-1. Ice Peothroughout the fall and winter. head" Kelleher. Each was on ple were led by the rock-steady A quick look at the first day's last year's Law School team Alan "Horatio" Salarz on results shows: Team 14 beating that finished third in the an- defense, and the big forward Ernest Croon's Earnest Goons, nual National Law School line of Dave "the Mad Italian" 58-32; Fat Daddy's Take Out Basketball Tournament at Moretti, John lacotonelli and hammering 300 Spartans, Western New England College. Lou "I'm a five letter man in Pro-ro Processing - Typing Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when editing drafts All Final Copy Printed on Rag Sunday, October 31, was the final week of the intramural football league's regular season. Playoffs start next week with two Law School teams among the 16 teams participating. Nice People Who Care, led by the passing and running of Danny "Mad Dog" Welch and the tough defense of Joe "Lead Boots" Ehrlich and Mike "I never snap" McGorry, pulled off the year's biggest upset when they knocked off the number one ranked Roughriders, 12-0. Crossword Solution Experienced in doing legal work Complete Resume Service Repetitive Work at Reduced Prices Personalized form letters, mailing Bond lists 16 Typestyles & Symbols to Related Services Provided Choose From Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available Printed to Look Like Typeset Or Typewritten All Work Guaranteed WHa\t\~pWei\o I Ol g L\oMic\H\fMA\l s\ r ' f ls ,0 OS Ifi? - 883-3348 Ask For Randy quetball?? Mir w r.z-lpU J | rjx[o THE ONION is COMING! it Submit by November 15, Whether you type or not, Proto-Type can provide you with highest quality work that computer technology can provide. Call Proto-Type Welch threw for two touchdowns and Ehrlich and Algios each came up with big interceptions, propelling them into the playoffs. Ehrlich labelled it "the biggest day of my life, except for my 'H' in Tax II from Louie D." Last weekend concluded the Law School Softball League with Hairy Palms, led by Vicki O'Reilly, defeating Al Spears' team, 2-0, for the playoff championship. Thanks everyone for participating) Finally, Rick Roberts is still ranked number 1 on this week's Racquetball ladder. I did not think that they let anyone that short play rac- puzzleonpage7 WoRD lupG law school" Algios. Captain Glenn "Bubba" Frank said "we did very well for our first game together; eh?" Uif 7Mp s7l|,A g £ ri }o|a |P|H {oliv|gßDlf|sH/>|/?l3|il OR ELSE... � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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